Printed conditions called on by the purchaser notwithstanding, every order will be subject to the present sales conditions.Any conditions contrary to the above and stipulated by the purchaser will only be binding on Canellis S.à r.l. if expressly accepted in writing by the latter.
The property of the goods sold remains that of Cannellis S.à r.l. until the price has been paid in full. Cannellis S.à r.l. reserves the right to take back the goods until the balance of the payment has been settled. The goods delivered may not be pledged or serve as a warranty until full payment of their price.
Goods sold will not be taken back or exchanged except upon prior written agreement from Cannellis S.à r.l.
Lacking payment on due date, the amount of every invoice issued by Cannellis S.à r.l. will be lawfully and without prior formal notice to pay from Cannellis S.à r.l. increased by a lump and irreducible contractual indemnity of 15% and contractual interest at a rate of 1% per breached month of delay.
Any promotional support product bearing the logo of one of the « lines » of Cannellis (for ex. Pimente) is protected by the law on copyright : as a consequence, any shop window support, packaging and promotions in general etc… may only be used to other ends than the promotion of Cannellis S.à r.l. products. The purchaser undertakes not to breach the above under penalty of prosecution for breach of copyright and trademark image.
The purchaser must notify any claim regarding any lack of conformity of the product or any other kind of claim within 24 hours of delivery.
Every article sold is guaranteed for a period of 12 months from its delivery against any defect in the material or manufacture which the purchaser was unable to discover at the time of delivery. Such warranty is exclusively limited to the replacement or repair of defective parts sold. Such services will be performed upon presentation of the purchase invoice.
Any invoice not subject to a written claim by registered letter within eight days of its dispatch will be considered as accepted. It is expressly agreed that the purchaser may not discontinue its payments in the event of any dispute between the parties hereto.
In the case of a sale of goods by Cannellis S.à r.l. and of rescission or cancellation of such sale by the purchaser after acceptance of the confirmation of the order, the purchaser will remain liable towards Cannellis S.à r.l. for the aggregate of the sales price.
The fact on the part of Cannellis S.à r.l. not to call on a failure by the purchaser to abide by any one of its contractual obligations may not be construed as implying in the future any renunciation to avail itself of the same.