Terms & Conditions

Clause 1: Purpose and scope of application

These general terms and conditions of sale (GTCS) form the basis of commercial negotiations and are systematically sent or handed to each buyer to enable them to place an order.

The general terms and conditions of sale described below detail the rights and obligations of EAN-EXPRESS and its customer in connection with the sale of the following goods: EAN codes / GTIN / Thermal printers / Advice & Training

Acceptance of the quotation/order form, including the clause “I acknowledge that I have read and accept the attached general terms and conditions of sale”, implies the buyer’s unreserved acceptance of these general terms and conditions of sale.

 

Clause 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 exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.

EAN-EXPRESS 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 registered.

Clause 3: Discounts and rebates

The prices quoted include any discounts and rebates that EAN-EXPRESS may grant on the basis of its results or the assumption by the purchaser of certain services.

Clause 4: Discount

No discount will be granted for early payment.

Clause 5: Terms of payment

Payment for orders must be made :

  • or by cheque ;
  • or by credit card ;
  • or by bank transfer ;

Payments will be made under the following conditions:

  • Payment on order

Clause 6: Late payment

In the event of total or partial non-payment of goods delivered on the due date, the purchaser must pay EAN-EXPRESS a late payment penalty equal to three times the legal interest rate.

The legal interest rate is that in force on the day of delivery of the goods.

As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).

This penalty is calculated on the amount due, inclusive of tax, and runs from the due date of the price without the need for prior notice.

In addition to late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.

Articles 441-10 and D. 441-5 of the French Commercial Code.

Clause 7: Resolutory clause

If, within fifteen days of the implementation of the “Late payment” clause, the purchaser has not paid the outstanding sums, the sale will be automatically cancelled and may entitle EAN-EXPRESS to claim damages.

Clause 8: Retention of title clause

EAN-EXPRESS retains ownership of the goods sold until full payment of the price, in principal and in accessories. EAN-EXPRESS reserves the right to reclaim unpaid goods sold in the event of the buyer’s receivership or liquidation.

Clause 9: Delivery

Delivery is made :

  • or by direct delivery of the goods to the buyer;
  • or by sending a notice of availability to the buyer;
  • or by depositing the goods at the place indicated by the purchaser on the order form.

The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of products shall not give rise to :

  • the award of damages;
  • cancellation of the order.

Transport risk is borne entirely by the buyer.

In the event of missing or damaged goods in transit, the purchaser must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt addressed to the company.

Clause 10: Force majeure

EAN-EXPRESS may not be held liable if the non-performance or delay in the performance of any of its obligations described in these terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

Clause 11: Jurisdiction

Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law.

Failing amicable resolution, the dispute will be referred to the Bordeaux Commercial Court.