1 - GENERAL PROVISIONS
THESE GENERAL CONDITIONS ARE WRITTEN IN FRENCH IN THEIR ORIGINAL VERSION WHICH SOLELY IS AUTHENTIC AND PREVIOUS OVER ANY OTHER VERSION TRANSLATED INTO A FOREIGN LANGUAGE. THESE GENERAL TERMS AND CONDITIONS APPLY IN THEIR ENTIRETY TO ALL SALES OF PRODUCTS MADE BY JAMILA TO PROFESSIONAL CUSTOMERS. THEY CONSTITUTE THE ESSENTIAL AND DETERMINING CONDITIONS AND PREVAIL OVER ANY GENERAL TERMS AND CONDITIONS OF PURCHASE AND ANY OTHER DOCUMENTS ISSUED BY THE CUSTOMER, REGARDLESS OF THEIR TERMS. ALSO, ANY ORDER SENT TO THE JAMILA COMPANY IMPLIES UNRESERVED ACCEPTANCE OF THE JAMILA COMPANY PRICES AND THESE GENERAL CONDITIONS.
2 - APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
ANY MATTERS RELATING TO THESE TERMS AND CONDITIONS, AND THE CONTRACTS THEY GOVERN, WILL BE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ANY DISPUTE RELATING TO THESE GENERAL TERMS AND CONDITIONS, AS WELL AS TO THE CONTRACTS THEY GOVERN, WILL BE THE SOLE JURISDICTION OF THE COMMERCIAL COURT OF THE HEADQUARTERS OF JAMILA COMPANY, EVEN IN CASE OF REFERENCE, APPEAL IN WARRANTY, INCIDENTAL CLAIM OR MULTIPLE DEFENDANTS.
3 - ORDERS
SALES CONTRACTS ARE ONLY VALIDLY CONCLUDED AFTER WRITTEN CONFIRMATION OR BEGINNING OF EXECUTION BY JAMILA OF THE CORRESPONDING ORDERS. HOWEVER, ANY PURCHASE ORDER BINDS THE CUSTOMER FROM ITS ISSUANCE, REGARDLESS OF HOLDER OR SIGNATORY. ANY MODIFICATION MADE BY JAMILA COMPANY ON THE OCCASION OF ITS CONFIRMATION OF THE ORDER, WILL BE DEEMED ACCEPTED IN ALL ITS TERMS UNLESS THE CUSTOMER CONTESTS IN WRITING WITHIN TWO WORKING DAYS FROM THE DATE OF ITS COMMUNICATION AND AT LATER BEFORE ITS EXECUTION. NO ORDER CAN BE CANCELED AND/OR ASSIGNED WITHOUT JAMILA'S AGREEMENT.
4 - PRODUCTS
THE PRODUCTS ARE SOLD SUBJECT TO OWNERSHIP UNTIL FULL PAYMENT. IN THIS REGARD, PAYMENT MEANS THE ACTUAL SETTLEMENT OF THE PRICE OF THE PRODUCTS AND COSTS RELATED TO TRANSPORT. IN CASE OF NON-PAYMENT BY THE CUSTOMER, JAMILA MAY IN PARTICULAR TAKE BACK THE UNPAID PRODUCTS AT THE CUSTOMER'S EXPENSE, PRODUCTS IN STOCK AT THE CUSTOMER'S BEING PRESUMED TO BE THOSE UNPAID. THE JAMILA COMPANY WILL KEEP ANY DEPOSITS PAID AS DAMAGES, WITHOUT PREJUDICE OF ANY OTHER REPARATION.
5 - PAYMENT - TERMS
AS REGARDS NATIONAL SALES, THE PRODUCTS ARE PAYABLE IN EUROS TO JAMILA BY TRANSFER, CHECK, MONEY ORDER, WESTERN UNION OR CREDIT CARD, CASH WITH THE ORDER.
AS REGARDS INTERNATIONAL SALES, PAYMENT WILL ALSO TAKE CASH, IN EUROS, WHEN ORDERING. NO DISCOUNT IS GIVEN IN CASE OF ADVANCE PAYMENT.
THE CUSTOMER SHALL REIMBURSE ALL COSTS CAUSED BY THE NON-PAYMENT OF UNPAID CHECKS, AND BY THE COLLECTION OF SUMS DUE, INCLUDING THE FEES OF MINISTERIAL OFFICERS AND LEGAL OFFICERS. IN THIS REASON, JAMILA COMPANY WILL RESERVE THE RIGHT TO PLEASE INVOICE THE DEBTOR A FIXED COMPENSATION OF €40 AS REFERRED TO IN ARTICLE L.441-6 OF THE COMMERCIAL CODE FOR COLLECTION COSTS, WITHOUT PREJUDICE TO THE CLAIM FOR ANY ADDITIONAL COMPENSATION FOR COLLECTION COSTS ON DOCUMENTS.
TAXES, DUTIES AND ANY CUSTOMS CLEARANCE COSTS ARE THE RESPONSIBILITY OF THE CUSTOMER.
6 - DELIVERY - DELIVERY
FOR ANY ORDER TO FRANCE, JAMILA WILL BE DEEMED TO HAVE FULFILLED ITS DELIVERY OBLIGATION WHEN THE PRODUCTS ARE DELIVERED TO THE HEAD OFFICE OF THE CUSTOMER OR ANY OTHER PLACE OF DELIVERY AGREED WITH THE CUSTOMER. THE CUSTOMER MAY HOWEVER FREELY CHOOSE TO COLLECT THE PRODUCTS HIMSELF AT HIS COST, RISK AND PERIL. HE MUST THEN INFORM THE COMPANY JAMILA WHEN TAKING ORDER.
DELIVERY TIMES ARE GIVEN FOR INDICATIVE PURPOSES AND FAILURE TO RESPECT THEM WILL IN NO EVENT LEAD TO ORDER CANCELLATION OR PAYMENT OF DAMAGES. IN ANY CASE, THE CUSTOMER MAY NOT PROTEST AGAINST ANY DELAY IN DELIVERY IN THE CASE WHERE IT IS NOT UP TO DATE WITH HIS OBLIGATIONS TOWARDS JAMILA COMPANY, PARTICULARLY REGARDING PAYMENT, OR IF JAMILA COMPANY HAS NOT BEEN TIMELY POSSESSION OF ANY SPECIFICATIONS AND/OR INFORMATION NECESSARY FOR DELIVERY.
7 - TRANSFER OF RISKS
BY EXPRESS AGREEMENT, NOTWITHSTANDING THE RETENTION OF OWNERSHIP CLAUSE MENTIONED IN THE PREVIOUS ARTICLE 5, THE PRODUCTS WILL BE DEEMED TO BE IN THE CUSTODY'S CUSTODY FROM THE DATE OF THEIR DELIVERY AS DEFINED IN THE PREVIOUS ARTICLE 6. ALSO, FROM SUCH DELIVERY, THE CUSTOMER WILL SOLELY BEAR THE RISKS THAT THE PRODUCTS MAY SUBJECT OR OCCASIONATE, FOR ANY CAUSE WHATSOEVER, EVEN IN THE EVENT OF FORCE MAJEURE, FORTUITOUS CASES OR THROUGHOUT THIRD PARTIES.
8 - COMPLIANCE - RECEPTION
THE CONFORMITY OF THE PRODUCTS (STATE, ABSENCE OF DEFECTS, NUMBER…)