RIVE - General Conditions of Sale

General Conditions of Sale

ARTICLE 1 – APPLICATION OF THE GENERAL CONDITIONS

The fact of placing an order implies the full and unreserved acceptance of these general terms and conditions of sale by the buyer. No particular conditions may, unless formally accepted in writing by the seller, prevail against these general terms and conditions. Any condition to the contrary set by the buyer shall, in the absence of express written acceptance, be unenforceable against the seller, regardless of the time at which it may have been brought to his attention.

When a quotation is drawn up by the seller, it constitutes the specific conditions modifying or supplementing these general terms and conditions. Offers transcribed in a quote are valid for one (1) month.

ARTICLE 2 – TAKING OF ORDERS – MODIFICATION

Only orders placed in writing by a customer can be usefully invoked by him. Orders for items in our catalogue must be worded according to the catalogue and must include the complete reference, the description of the items and their number. The customer is definitively committed, as soon as a written order is issued or a quote is signed. Orders taken by a sales representative of the company RIVE SPORT FISHING are only binding on the company in the event of written confirmation from the seller's management. If the payment of a deposit has been agreed, the seller is only definitively committed after payment and final collection. An order can only be validated by the seller's management if the customer is up to date with his previous orders, and had spontaneously complied with the agreed payment conditions. In any event, the dispatch of the products, the delivery of the equipment, or the production of specific equipment, is the acceptance of the seller. All orders are final in the written configuration accepted by the parties. Any order changes requested by the buyer are subject to the written agreement of the seller's management.

ARTICLE 3 – CATALOGUE – PRICES –

The specifications given in our catalogue, the prices are subject to change without notice, especially in the case of imported equipment, and in particular in the event of a change in the currency parity. The materials and products are supplied at the price in force at the time of placing the order, in accordance with the general scales or the estimates established. Prices are subject to increase in the event of a significant variation in economic actors between the date of placing the order and the date of delivery. The prices indicated are exclusive of value added tax, and eco-tax in particular. All taxes, duties and services not provided for in the order form are also payable by the purchaser, unless otherwise agreed. In the event of a change by the legislator in the nature or rate of the applicable taxes, and in particular VAT, this will be automatically passed on to the buyer by express agreement.

The buyer is free to set the public sale price of the products but undertakes to comply as much as possible with the public sale price policy recommended by the Seller. The public selling prices set by the buyer must not damage the seller's brand image and must be in line with the positioning of the brands.

ARTICLE 4 – TRANSPORT – DAMAGE –

Unless otherwise agreed in writing, the transport costs are always borne in addition by the customer. Delivery rates are determined in the rates communicated to the customer.

The goods always travel at the risk of the consignee, except in the case of transport carried out directly by the seller's internal services. The customer's attention is drawn to the need to take out all necessary insurance, and if necessary, to express any reservations against the carrier upon delivery with confirmation by registered mail within the legal deadlines.

ARTICLE 5 – DELIVERY – EXECUTION : APPROXIMATE DEADLINES –

Delivery is made either by the direct delivery of the product to the buyer, or by simple notice of availability, or by delivery to a carrier at our premises. Deliveries are only made according to availability, and in the order in which orders arrive, either globally or partially. Delivery or execution times are given as an indication and without obligation. Exceeding these merely indicative deadlines cannot give rise to damages, deduction of the price, or cancellation of current orders.

The following are considered to be cases of force majeure relieving the seller of its obligation to deliver: wars, riots, insurrections, fire, floods and other natural events, strikes and other labour disputes, accidents, the impossibility of being supplied with goods, materials or energy, and in general any event beyond the seller's control. The seller will keep the buyer informed of the above cases and events as soon as possible. In any event, delivery on time can only take place if the buyer is up to date with its obligations towards the seller, whatever the cause. The delivery period does not begin to run until the buyer's file is deemed complete, which presupposes in particular: - Compliance with the agreed payment terms (possible payment of a deposit in particular) and the delivery by the customer of all technical, commercial, financial and administrative information or documents necessary for the execution of the order. - In the event of delivery to a site,  The delivery period only begins to run when it is normally accessible (in particular stabilized approaches and access roads).

ARTICLE 6 – COMPLAINTS –

Claims for damage in transit, missing or loss of goods, must be made in a precise manner (number of missing or damaged packages, product references, condition of the packaging) upon delivery, to the carrier, a copy being immediately sent to the seller by registered mail. Complaints about the characteristics of the equipment delivered, or their possible non-compliance with the purchase order or the packing slip, must be sent by registered mail to the seller's headquarters within 72 hours of delivery. In the absence of a complaint within the prescribed time and in the prescribed form, the customer will be deemed to have accepted the goods without reservation, which will prohibit him from any further recourse.

ARTICLE 7 – WARRANTIES –

Any warranty takes effect from the time the products are made available. Our products are guaranteed against manufacturing defects for one year from the date of purchase from the distributor. Any specific contractual guarantee must be expressly mentionedin a document signed by the seller's management. Under warranty, the seller will replace any products or parts found to be defective. The cost of free travel will apply to the cost of said elements, to labour costs, excluding travel and/or shipping costs, which will remain due by the customer, unless otherwise agreed in writing on a case-by-case basis. Under no circumstances will the customer be able to claim reimbursement of any incidental costs that he may have incurred, such as the transport of the equipment, handling, craneing, drydocking. Any warranty is excluded : - if the defect found is the result of force majeure or normal wear and tear. - if the defective material or design comes from the buyer, - if the defect is the result of misuse by the customer, or intervention by a third party, - if the problem is caused by shock, negligence or malice, or a lack of storage or conservation by the buyer,  a lack of maintenance on the part of the customer, - if the buyer has not complied with the administrative requirements relating to the maintenance and technical inspection of the equipment. – In the event of flooding by seawater, or damage caused by lightning, the seller reserves the right to verify the origin of the anomaly alleged by the buyer. The customer undertakes to keep the offending product available to the seller, or agent appointed by him, for a period of sixty (60) days from the date of receipt of the complaint by the seller's management. For supplies that are not of the seller's manufacture, the warranty is always limited to that which the seller himself enjoys from his own suppliers. The seller cannot, under any circumstances, be held liable for any compensation to the buyer, for immobilization, for loss of profit, business interruption, or for accidents to persons, or damage to property distinct from the object of the contract. This is a decisive condition of the sale. Any warranty is only applicable to the first-hand purchaser, and cannot be transferred to subsequent purchasers.

ARTICLE 8 – RETURN –

Equipment may only be returned to the seller if the terms and conditions of the complaint have been respected, and by written agreement of the seller's management. The return is always made at the customer's expense, risk and peril. In the event of a return without the prior agreement of the Seller's management, the goods will be made available to the Customer, who will be charged a storage fee, without this entailing the transfer of risk to the Seller.

All items must be returned new and in their original packaging.

ARTICLE 9 – ACCOUNT – TERMS OF PAYMENT –

PLACE

Payment for equipment, goods and works takes place in all circumstances at the seller's head office, unless otherwise instructed by its services, and this in accordance with the terms and conditions provided for in the quotation or the purchase order, unless otherwise stipulated in writing. - Payments are to be made:

• Advance for any first orders by the buyer and advance for pro forma buyers.
• Either in cash within 10 days from the date of the invoice, with a discount of 1.5% to be deducted for buyers in France.
• or according to the payment terms prescribed by French regulations.

Payments are to be made by bank transfer or direct debit (LCR) - In the case of deferred or term payment, a payment within the meaning of this article does not constitute the mere delivery of a negotiable instrument, or a cheque, for example, but the actual cashing on the agreed date. - Minor reservations mentioned on the goods receipt slip do not entitle the buyer to withhold any sum whatsoever, pending full compliance.

ARTICLE 10 - LATE PAYMENT OR NON-PAYMENT - PENALTIES -

In the event of late payment, the seller may suspend all orders in progress, without prejudice to any other course of action. - Pursuant in particular to articles L441-6 paragraph 3, and L 441-3 paragraph 3 of the French Commercial Code, by express agreement, any late payment will result in the application of late payment penalties of an interest rate of 15% payable by operation of law on the day following the date of payment payment appearing on the invoice in the event that the sums due are paid after this date, and without the need for a reminder. In addition to the late payment indemnities, any sum, including the advance payment, not paid on its due date will automatically result in the launch of a lump sum compensation of €40 due in respect of recovery costs. - In addition, and pursuant to Article 1226 of the Civil Code, the need to refer the matter to a law firm with a view to initiating an amicable and/or judicial recovery procedure,  will make payable, as a penalty clause, a minimum compensation equal to 10% of the outstanding sums. In any event, all the fees and costs of the proceedings will be borne by the debtor who undertakes to pay. - In the absence of payment, 48 hours after the formal notice to pay made by registered mail with acknowledgement of receipt, which remains unsuccessful, the sale will be terminated by operation of law, if the seller sees fit, who may then request the return of the goods at the buyer's expense, without prejudice to all damages. The rescission will then affect not only the order in question not paid by the debtor in bonis, but also all previous unpaid orders, whether delivered or not, and whether or not their payment is due. In the event of payment in instalments, non-payment of a single instalment will result in the immediate payment of the entire debt, without prior formal notice. - Under no circumstances may payments be suspended, or be subject to any compensation, without the prior written consent of the seller, for any reason whatsoever. Any partial payment will be deducted first from the non-privileged part of the claim and then from the sums whose due date is the oldest.

ARTICLE 11 – PAYMENT – REQUIREMENT OF GUARANTEES OR PAYMENT –

Any deterioration in Buyer's credit may warrant the requirement for financial or other guarantees, or cash settlement, or by demand or bonded draft, prior to the execution of orders received. This will be the case, in particular, if a change in the debtor's financial capacity, legal situation, or professional activity has an adverse effect on his credit. The customer undertakes to provide at his own expense any guarantee that may be claimed, within 48 hours, or to pay the sums due immediately. Otherwise, the order may be deemed to have been terminated at the fault of the buyer, with all the consequences that this entails.

ARTICLE 12 – RETENTION OF TITLE –

All products remain the property of the seller, wherever they may be, until full payment of the price, in principal and incidental, payment being understood as the actual receipt of the sums due. - Until this date and from delivery, the buyer assumes responsibility for damages that these goods could suffer, or cause, for any reason whatsoever, including during transport. It is therefore the seller's responsibility to take all necessary measures, and in particular to ensure that on whose behalf it will belong. - In the event of non-compliance by the buyer with one of the agreed payment deadlines, the seller, without losing any of his rights, may demand, by registered letter with acknowledgement of receipt, the return of the goods, at the buyer's expense and risk. The latter will be liable for a depreciation indemnity that the seller may offset with the sums for which he may be responsible for the return (deposits received in particular).

The buyer will ensure that the identification of the seller's equipment, products and goods is always possible, those in stock being presumed to be those unpaid. - Notwithstanding any principle or case law to the contrary, the buyer expressly acknowledges the right of the seller to present himself at his premises and to collect any unpaid goods, or goods equivalent in value, the ownership of the said elements being immediately transferred to him, without any particular formality. Acceptance of this point is a decisive condition for the conclusion of the sales contract. The buyer must inform the seller as soon as insolvency proceedings are opened, failing which he will incur personal liability, and in particular the personal liability of the director of the acquiring legal entity.

ARTICLE 13 – TERMINATION OF THE CONTRACT – PENALTY CLAUSE  COMPENSATION –  

In the event of non-compliance with its commitments by the buyer, whatever they may be, the seller may, if he sees fit, terminate the contract, without any formal notice other than that which could be provided for the forfeiture of the term or the return of the goods. He may also request the award of damages up to the amount of the prejudice suffered. By way of penalty clause, the defaulting buyer will be immediately liable for a penalty equal to 15% of the total amount of the order, any deposits paid and which have become normally refundable, being reduced by other costs.

ARTICLE 14 – COMPETENT COURT: Montpellier  commercial court –

In the event of a dispute of any kind or dispute relating to the formation or execution of an order, even if delivered outside France, the COMMERCIAL COURT OF THE SELLER'S REGISTERED OFFICE / HEADQUARTERS will have sole jurisdiction, even in the event of multiple defendants or third party claims, unless the seller prefers to refer the matter to any other legally competent court.

ARTICLE 15 – PERSONAL DATA - 

In accordance 

with the amended law nº 78-17 of 6 January 1978 (known as the "Data Protection Act") and the General Data Protection Regulation 2016/679 of 27 April 2016 ("GDPR"), personal data concerning Customers and Users are subject to computer processing by RIVE SPORT FISHING, acting as data controller,  In particular:

• Carry out operations relating to the management of commercial relations in the context of the provision of all products, services, subscriptions 

• Allow access to online services, • Facilitate the identification of Customers and Users and that of any account held at RIVE SPORT FISHING,

• Inform Customers and Users of any changes made to RIVE SPORT FISHING's products and services, 

• Carry out prospecting actions and statistical analyses in order to improve the quality of services and the user experience.

The types of data, the recipients, the storage period and the measures taken to preserve the confidentiality of this data are mentioned in the Privacy Policy of RIVE SPORT FISHING. Every person has the right to access, rectify, portability, erase or limit the processing of their personal data, the right to object to the processing of their data for legitimate reasons and the right to withdraw their consent at any time. Finally, everyone has the right to lodge a complaint with a supervisory authority and to define post-mortem directives relating to the fate of their personal data. These rights can be exercised by email at the dedicated address: contact@rivesportfishing.fr or by post to the address of the registered office of RIVE SPORT FISHING, subject, where applicable, to the proof of the identity of the person concerned.