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Sales Terms of MY SUSHI

 

1 - GENERAL PROVISIONS

These general conditions apply in their entirety to all sales of products granted by the company MY SUSHY. They constitute the essential and determining conditions and prevail over any terms and conditions of purchase and all other documents issued by the Client, whatever the terms. Also, all orders sent to the company MY SUSHI implies unreserved acceptance rates MY SUSHI society and these general conditions.

MY SUSHI company reserves the right to make its products appearing on catalogs, any changes deemed appropriate, even after acceptance of orders, but the essential characteristics and performance can suffer thereby.

Each provision of these terms and conditions will apply in all the extent permitted by law and void all or part of a clause would not affect the remainder of this clause and all terms and conditions.

2 - JURISDICTION

In case of dispute, any dispute relating to these terms and conditions, as well as orders and contracts they govern, will be the exclusive jurisdiction of the Commercial Court of NICE, even if interlocutory appeal as collateral, incidental claims or multiple defendants. 

3 - ORDERS

ALL ORDERS MUST BE AN ORDER WRITING DULY SIGNED BY THE CLIENT STATING THE REFERENCE CONTROL PRODUCT OR ESTIMATE SAME.

CONTRACTS OF SALE ARE VALID UNTIL WRITTEN CONFIRMATION FORMS OR BEGINNING OF EXECUTION BY THE COMPANY MY SUSHI CONTROL THEREOF AND AFTER PAYMENT OF ANY DEPOSIT PROVIDED IN ARTICLE 9 NEXT. HOWEVER, ANY ORDER ENGAGE THE CUSTOMER OF ITS ISSUE WHATEVER THE CARRIER OR THE SIGNING. ANY CHANGES MADE BY THE COMPANY MY SUSHI ON THE OCCASION OF HIS ORDER CONFIRMATION WILL BE DEEMED ACCEPTED IN ALL ITS TERMS IN THE ABSENCE OF DISPUTE WRITTEN BY THE CUSTOMER IN TIME OF THREE WORKINGDAYS FROM THE DATE OF COMMUNICATION AND LATER THAN BEFORE ITS DELIVERY.

No order may be canceled and / or assigned without the consent of the company MY SUSHI. 

4 - RETENTION OF PROPERTY

PRODUCTS ARE SOLD SUBJECT PROPERTY UNTIL THEIR FULL PAYMENT. IN THIS REGARD, THE PAYMENT MEANS OF REGULATION EFFECTIVE ON BEHALF OF THE COMPANY MY SUSHI OF COMMODITY PRICES, COSTS RELATED TO ORDER AND INTERESTS.

In case of non-payment by the Customer even part of a term, the company MY SUSHI can claim including the resale price of the outstanding Products or resume outstanding products at the expense and risk of the Customer, Products in stock at the customer being alleged to be unpaid.

The company MY SUSHI retain any advance paid as damages, without prejudice to any other remedy.

The Customer shall in no case pledge, give pledge Products still outstanding or agree on these collateral. The Customer may also resell the Products subject property for normal needs of its activity.

5 - DELIVERANCE - DELIVERY

Unless specifically stated otherwise, the delivery of the Products shall be deemed effective when they are made available to the Customer or the first carrier in restaurants or warehouses MY SUSHI company, or place it designates.

However, at the request of the Customer, the Company may MY SUSHI if it chooses to organize the delivery of the Goods to the place of delivery as agreed with the Client and select for this purpose the free mode of transport used and the carrier with which it contracts for the account, risk and expense of the Customer.

Delivery times are indicative and non-compliance does not in any case lead to cancellation of an order or payment of damages. In any event, the Customer may not protest against any delay in delivery if it is not current on its obligations to society MY SUSHI particularly in terms of payment, or if the company MY SUSHI had not been in possession in good time of any specifications and / or information required for the delivery. 

6 - TRANSFER OF RISKS

By express agreement, notwithstanding the reservation of property referred to in section 4 above, the Products shall be deemed in the custody of the Client from the date of issue as defined in Article 5 above. Also, as of the said issue, the Customer alone bears the risk that the products may suffer or cause, for any reason whatsoever, even in cases of force majeure, unforeseeable circumstances or of a third party.

IN ALL CASES, THE PRODUCTS WILL TRAVEL COSTS, AND RISK OF CUSTOMER, INCLUDING WHATEVER THE MODE OF TRANSPORTATION OR CONDITIONS OF RULES OF FARES AND THE PERSON REQUIRED TO BE THE CARRIER.

7 - COMPLIANCE-RECEPTION

Compliance Products (state, no vice, number ...) must be checked by the customer upon receipt of the Products, as appropriate in the presence of the carrier; costs and risks associated with the audit of Products shall be borne by the Client.

In case of retirement of the Products the Customer or any reservation dispute relating to the conformity of the Products shall be paid on the purchase of retirement and will be confirmed at the registered letter with acknowledgment of receipt MY SUSHI company by letter, within three days after their retirement.

In case of organization by the company MY SUSHI of the Products to the Customer's premises, any reserve or dispute relating to the conformity of the Products shall be included in the delivery to the carrier and be confirmed in terms of the Article L 133-3 of the Commercial Code, and the registered letter with acknowledgment of receipt sent within 3 days (not including holidays) after taking delivery of the Products MY SUSHI company by letter.

Failing compliance with these conditions, the products will be deemed to comply and Liability MY SUSHI can not be challenged as such, the Customer is liable for any damage suffered by the for MY SUSHI company due to non follow this procedure.

Customer must prove the existence of missing defects and / or deficiencies relating to the Products. Also, the Customer shall keep all facilities in society MY SUSHI for performing or having performed all findings and verifications it deems necessary.

8 - PRICE

Products are charged them, unless written stipulation, according to the tariff in force corresponding to the date of execution of the command.

Rates the company MY SUSHI are available to the Customer and will be forwarded on request.

The prices are always excluding VAT, other taxes, duties and other taxes are always the responsibility of the Client.

Transportation costs are about them, or included in the price of the Products, or charged in addition to the price of the Products, under the conditions specified in the applicable rate or the corresponding estimate.

All costs of additional transport from the place of delivery to a place other than the company could hire MY SUSHI sell additional services will be charged directly to the Customer.

9 - PAYMENT - CONDITIONS

Unless otherwise stipulated by the company MY SUSHI, Products are payable in Euros at the registered office of the company MY SUSHI by check, bank transfer or bill of exchange, 30 days end of month from the date of invoice.

In any event, if the risk of insolvency of the Customer and / or in case of risk of collection problems, and / or any other cause of a similar nature, the company MY SUSHI may require any collateral, a deposit, a reduced payment period and / or a cash settlement before executing commands.

Regulation shall be deemed made when the provision of funds for the company MY SUSHI, ie the day the amount is credited to an account of the latter. No discount will be given for early payment. Any right to compensation claims arising from the Customer is excluded.

10 - PAYMENT DELAY OR FAILURE

If paid after the due date, late penalties will be applied and calculated from the due date until the date of actual payment at a rate equal to one and a half times the legal interest rate.

In addition, any delay ipso jure suspension of the execution of orders. Meanwhile, the amounts due to other orders already delivered or being delivered will be due immediately.

In case of default , fifteen calendar days after the first presentation of a formal notice has been unsuccessful , the Company may terminate MY SUSHI sales and / or corresponding controls , previous unpaid orders that are delivered or during delivery and payment is due or not , and any particular concession contract can bind the Customer. MY SUSHI company then retain any advance paid without prejudice to any other damages and any other charges.

The Client shall pay all costs incurred by the non-payment at maturity resulting in a return of bills, unpaid checks and by the recovery of sums due, including fees of public officers and auxiliary of justice.

11 - GUARANTEES

Subject to any provided by mandatory law, the guarantee of the company MY SUSHI its products is limited to their exchange or refund depending on the suitability of the company MY SUSHI, to support shipping and mailing said products, excluding any payment of damages and any other charges.

Are also excluded from any warranty, apparent defects, ie visible blemishes not declared by the Customer upon delivery or removal of products, as well as faults or damage caused by normal wear, by negligence, improper installation, misuse or by improper use of the rules of the art, for lack of maintenance and / or accident handling, improper storage, and / or studies, instructions and / or specifications issued by the Client.

12 - RESPONSIBILITY

For manufacturing, the company MY SUSHI will be held by an obligation of means and not of results. Also, the Customer may not seek Liability MY SUSHI by proving wrongful conduct.

The company MY SUSHI not liable for consequential damages and / or indirect such as including lost profits, financial loss and / or consequential damages or non-commercial acquisition or resale of the Products by the Customer.

MY SUSHI company shall in no event be liable for damage caused by its products to goods of the Client which are not used by him for his own use or for his private consumption.

CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY CHANGES THAT WILL ITSELF IS APPLIED OR MAKING PRODUCTS.

THE LIABILITY OF THE COMPANY MY SUSHI NOT BE SOUGHT IN FORCE MAJEURE AS DEFINED IN ARTICLE 14 NEXT.

In cases where liability company MY SUSHI is successful, the amount of compensation imposed on him shall not exceed the price of the service or product that is causing the damage.

13 - RETURNS

No return of Products shall be accepted if it has not been a prior express MY SUSHI company to the Customer Agreement. In case of return, the Products must be in perfect condition, must be returned in their original packaging or packaging and must not have been removed and / or modified.

Any return accepted by the company MY SUSHI result, according to prior agreement, partial or total reimbursement of returned or exchange for the Customer Products after qualitative and quantitative verification of returned excluding any damages Products any reason whatsoever.

In the absence of defects of conformity and latent defects, the products will be returned to the company MY SUSHI at the risk of the Customer.

14 - MAJOR FORCE

Are considered like major force in relation to the obligations of the company MY SUSHI, events beyond its control and that it can not reasonably be required to provide, to the extent that they occur makes it more difficult or more costly execution its obligations. It will also be so in all circumstances, even if they are not included in the above definition, including cases of war, explosion, vandalism, riot, civil commotion, acts of terrorism, breakdown of machinery, fire, storm, flood, strike, lockout, acts of government, embargo, shortage of raw materials, regulatory changes applicable to these terms and conditions or products, working in factories and / or premises of the company MY SUSHI and / or with suppliers and / or providers whose MY SUSHI society depends.