THE BALTIC STORE: Rates and general terms and conditions of sale
The placement of an order implies that the buyer fully accepts these general terms and conditions of sale without reservation. No special terms can take precedence over these general terms and conditions of sale, unless formally accepted in writing by the seller. Any condition of a contrary nature put forth by the buyer shall, unless explicitly accepted, be unenforceable against the seller, irrespective of the moment when it may be brought to its attention.
Should the seller not avail itself of any one of these general terms and conditions of sale at a given time, this may not be interpreted as constituting renunciation of availing itself of any of the aforementioned conditions whatsoever at a later date.
Any order shall be binding only after written confirmation. Should the order books be full or should it be technically impossible to execute an order, the seller shall have the right to defer or decline an order.
The seller shall only be bound by orders taken by its representatives or employees subject to signed, written confirmation. Acceptance may also arise out of dispatch of the products.
The quoted delivery times are for information only, any delay does not give rise to damages or the cancellation of an order if it is beyond our control. Our company shall automatically be released from all its commitments relating to performance periods, especially:
– if the modifications occur during order processing at the request of the buyer;
– in case of unforeseeable circumstances or of force majeure;- if our terms of payment are not met.
Returns shall be subject to a formal agreement between the seller and the buyer. Any goods returned without such agreement would be held for the purchaser and would not result in a credit note being issued. The costs and risks involved in such a return shall always be borne by the purchaser.
All returns accepted by the seller shall result in a credit note being issued in favor of the buyer, once the quality and quantity of the returned products have been inspected.
In the event of an apparent defect or non-compliance of the goods delivered, duly noted by the seller under the conditions set out in article 8, the buyer may obtain a free replacement of the products, any compensation or damages being excluded.
The products have a 6-month warranty from the date of delivery. A certificate of origin and a certificate of conformity can be supplied at the buyer’s written request for a fixed fee of EUR 11 excluding taxes.
Under this warranty, the only obligation incumbent on the seller shall be free replacement of a product recognized as being defective by the seller. Any carriage costs shall be borne by the buyer.
Defects and deterioration due to normal wear and tear or an external accident (incorrect assembly or installation, poor maintenance, poor storage conditions, abnormal use, etc.), or due to a modification of the goods which was neither foreseen nor specified by the seller shall be excluded from the warranty.
Furthermore, the warranty does not cover apparent defects, which the purchaser shall notify under the conditions stated in Article 8.
Invoices shall be payable in cash to the head office of our company within 45 days of the invoice date by bank wire transfer or other means of payment.
In the event of non-payment, the seller reserves the right to suspend any product shipment or any production of orders in progress.
Furthermore, in the event of outstanding payments, the taking of new orders may be subject to their payment by the buyer.
Any products delivered remain the property of The Baltic Store until full payment has been received.
The buyer shall ensure that the goods can always be identified, goods in stock being deemed to be unpaid.
In the event of nonpayment by the due date, as in the case of failure of the buyer to meet any of its commitments whatsoever, the sale will be canceled automatically at the seller’s discretion, without the latter having to perform any legal formality.
The buyer shall be liable to pay a fixed indemnity of 10% of the agreed price as a penalty clause, without prejudice to additional damages.
In the event of litigation of any sort or a dispute regarding the formation or execution of the order, the courts at the location of the head office of our company alone shall be competent, unless the seller prefers to submit his case to any other competent jurisdiction.
This clause applies even in the case of summary proceedings, incidental claims, or in the event of there being several defenders, regardless of the method and terms of payment.