General Terms and Conditions of Sale
Applicable to professionals from January 1, 2024 (Version 5)
Preamble
HALBOUT SAS, whose registered office is located at 52 Rue des Costelles, FR88460 Docelles, France (telephone number: +33 329 332 011), is hereinafter referred to as ALM.
General Principles
These terms and conditions supersede and replace all previously published terms and conditions and prevail over any conflicting clauses in the customer's terms and conditions. They do not apply to orders placed on the ALM website. Placing an order implies the buyer's full and unreserved acceptance of ALM's General Terms and Conditions of Sale. Any condition stipulated by the buyer, at any time whatsoever, that has not been accepted in writing will therefore be unenforceable against ALM. These terms and conditions may be modified at any time. In the event of modification, the update date and version will be clearly indicated.
Orders
ALM is only bound by orders upon written confirmation, stamped and signed by ALM, or upon shipment of the products. ALM's offers are valid for 30 days. After this period, ALM may provide an updated quote. Special conditions apply to deliveries outside mainland France; please see our services. ALM reserves the right to refuse orders if its production capacity is exceeded or for legitimate reasons, particularly in the event of a dispute relating to the payment of a previous order or any other unresolved dispute. ALM shall not be held liable to the customer or any third party for refusing to process a transaction or for suspending any transaction after processing has begun. ALM also reserves the right to request any additional documents it deems necessary to verify your identity. Once confirmed and accepted by ALM, under the conditions described in the General Terms and Conditions of Sale (GTC), the order cannot be canceled, except in cases of force majeure. In the case of custom manufacturing, the quantities delivered and invoiced may vary by plus or minus 10%.
Shipping - Deliveries - Delivery times
ALM reserves the right to choose the place of departure and the means of transport. In all cases, our goods travel at the risk and peril of the recipient, who is responsible, in the event of damage or shortage, for making all necessary observations to the carrier on the day of delivery or at the latest on the first working day following delivery. After this 48-hour period, no claims will be accepted. The buyer must also confirm any reservations, damage, and defects observed to ALM in writing within 48 hours of receiving the goods. ALM's delivery times depend on supply and transport possibilities. The aforementioned delivery time, as well as the delivery times indicated on ALM's purchase orders, are purely indicative. Any delays, particularly those related to force majeure, bad weather, strikes, riots, or any event beyond ALM's control, do not entitle the buyer to cancel the sale or refuse the goods, extend payment deadlines, or claim late payment penalties or damages. Furthermore, the indicated deadlines are automatically suspended by any case of force majeure or any event beyond ALM's control that results in a delay in delivery. Additional charges may be added to the order for any delivery scheduled to a remote, high-altitude, or difficult-to-access location that requires special attention. The costs, which are calculated based on the delivery address, will be indicated on the quote. Some costs may be subject to a request for additional payment and must be settled upon presentation of the invoice. The delivery address designated by the customer may be different from the billing address. Products are delivered to the address indicated on the quote and the purchase order. Depending on the weight, size, and quantity of products, ALM may use different carriers and services to deliver the orders. In certain specific cases, particularly for bulky packages, the carrier may contact the customer to arrange a mutually convenient delivery time. The buyer must sign a delivery receipt upon receiving the products, after verifying their conformity and the condition of the packaging.
Limitation of Liability
In the event of a culpable delay on the part of ALM, the applicable penalties may under no circumstances exceed 5% of the amount excluding VAT of ALM's services, excluding transport costs, and within the limit of the actual damage suffered. In any event, on-time delivery can only occur if the client is up to date with its obligations towards ALM, regardless of the reason.
Prices and Payment
Unless otherwise stipulated, prices are indicated excluding VAT and excluding eco-contribution and current or future parafiscal taxes. They are established according to the economic conditions in force on the date of the initial proposal. Goods are invoiced net without discount and payable 30 days from the invoice date, by administrative order, bank transfer, or bank check. In the case of a discount, only the VAT corresponding to the prices actually paid is eligible for deduction. ALM invoices are payable at the head office. In the case of new accounts, payment default, or in the absence of a guarantee, payment may be required upon collection. Any sum not paid by the agreed due date will be subject to late payment interest at a rate equal to three times the legal interest rate, after a formal notice referring to this article, sent by ALM to the client by registered letter with acknowledgment of receipt, which has remained unsuccessful for more than fifteen days. A fixed compensation of €40 excluding VAT per unpaid invoice will be due (Article D441-5 of the French Commercial Code). Furthermore, in this case, the company reserves the right to withdraw the credit granted to the client, with all outstanding debts becoming immediately due and payable. In addition, ALM reserves the right to offset the amount of late payment interest against any sums owed to the client, for any reason whatsoever, by ALM. Shipping costs will be applied for any order with a total amount excluding VAT of less than €1,250.
Size and Color Exchange
Any request to exchange product colors or item sizes will be subject to a new order and new shipping costs. The return of the goods will be at the customer's expense. Upon receipt of the returned goods, ALM will issue a credit note corresponding to the price of the goods, less a deduction determined by ALM for the exchange initiated by the customer.
Warranty and Claims
Our sales of items and services are subject to the applicable legal warranties. The warranty does not cover repairs resulting from normal wear and tear or, in the event of damage resulting from negligence, lack of supervision or maintenance, or improper use. The seller's liability, in the event of non-conformity or hidden defects, is limited to the replacement of the defective items or the reimbursement of the price received, excluding any other claim for damages. ALM's goods are deemed accepted by the customer if they have not submitted written observations on the delivery note at the time of collection or delivery, confirmed by registered letter with acknowledgment of receipt, within 48 hours, failing which the right to claim is forfeited. Otherwise, no claim will be accepted after collection or delivery. Any claim not made within a period of 15 business days from the discovery of the hidden defect will no longer be admissible. It is the responsibility of the buyer, a knowledgeable professional, to inquire about the uses compatible with the items they intend to purchase. Any use not expressly provided for in the technical specifications that may be provided by ALM must be subject to prior consultation with the seller, failing which the seller will be released from any obligation to provide advice.
Disclaimer of Liability
Except for the replacement of its products found to be defective, ALM shall not be held liable for any losses, including but not limited to, any loss of business or any direct or indirect damages of any kind whatsoever. The conformity of our products is guaranteed only subject to standard tolerances.
Retention of Title Clause
Ownership of the goods sold shall not be transferred to the customer until full payment of the price has been received, regardless of the delivery date of the products. The law of May 12, 1980, applies in full to the goods listed in this document. However, the risk of any kind, including deterioration, loss, or theft of the goods, shall be transferred to the customer upon collection from ALM. The customer must therefore take out all necessary insurance to cover these risks.
Privacy Policy
Our General Terms and Conditions of Sale incorporate our privacy policy. Documents transmitted by ALM remain our property, and our offers must not be disclosed to other customers, suppliers, or competitors.
Jurisdiction Clause
Any dispute between ALM and the client shall be subject to the exclusive jurisdiction of the Grenoble court, notwithstanding any contrary provisions stated on the buyer's purchase orders.
Approved, subject to acceptance of ALM's general terms and conditions of sale
Date and Customer Signature