General Terms of Sales
Clause n° 1: Purpose
The general conditions of sale described below detail the rights and obligations of Mariteam Services and its client in the context of the sale of the following goods:
- seaman’s book ;
- and other services ;
Any service provided by Mariteam Services therefore implies the buyer’s unreserved adherence to these general terms and conditions of sale.
Clause n° 2: Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated net of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
Mariteam Services reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is recorded.
Clause n° 3: Discounts and rebates
The proposed rates include the discounts and rebates that Mariteam Services would be led to grant in view of its results or the assumption by the buyer of certain services.
Clause n° 4: Discount
No discount will be granted for early payment.
Clause No. 5: Terms of payment
The payment of the orders is carried out:
- either by credit card;
- or by bank transfer;
- if necessary, indicate the other means of payment accepted.
When the order is registered, the buyer must pay the total amount of the invoice.
Clause n° 6: Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Mariteam Services a late payment penalty equal to three times the legal interest rate. The rate of legal interest retained is that in force on the day of delivery of the goods.
As from January 1st 2015, the legal interest rate will be revised every 6 months (Order n°2014-947 of August 20th 2014).
This penalty shall be calculated on the amount including tax of the sum remaining due, and shall run from the due date of the price without any prior formal notice being required.
In addition to the late payment penalties, any sum, including the down payment, not paid on its due date shall automatically give rise to the payment of a flat-rate penalty of 40 euros due for collection costs. Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Clause n° 7: Resolutive clause
If, within fifteen days following the implementation of the “Late Payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically cancelled and may give rise to an award of damages to the benefit of Mariteam Services.
Clause n° 8: Retention of title clause
Mariteam Services retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, Mariteam Services reserves the right to claim, within the framework of collective proceedings, the goods sold and remaining unpaid.
Clause n° 9: Delivery
The delivery is made :
- by mail to the place indicated by the buyer on the order form.
The delivery time indicated at the time of order registration is given only as an indication and is not guaranteed in any way.
Consequently, any reasonable delay in the delivery of the products will not give rise to the buyer to :
- the allocation of damages;
- cancellation of the order.
The transport risk is borne in full by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt.
Clause n° 10: Force majeure
Mariteam Services cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these general terms and conditions of sale is due to a case of force majeure. As such, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n° 11: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Marseille.