SMC SAS is a society with a capital of 5 000 euros, whose head office is situated in 24, rue Louis Blanc 75010, Paris, registered to the commercial register of Paris under the number 801 442 823. Its main activity is conception, importation and commercialization and call solution system.
SMC SAS’ activity will be known under the registered trade name of YUCALL.
Clause n°1 : Object:
The General Terms and Conditions of Sale described hereinafter set forth the rights and obligations of SMC SAS and its customers, for these following sales and location of good :
Any activity performed by SMC SAS society thus indicates that the purchaser has unconditionallu accepted the present general conditions. SMC SAS society reserves the sale and locations of these products to the European Union’s territories.
Clause n°2 : Price.
Prices for merchandise and services are those which are in effect on the day the order is accepted. They shall be expressed in euros and calculated net of VAT. Consequently, VAT, shipping fees, and any special fees related to the order.
SMC SAS society grants itself the right to amend its rates at any time. However, she agrees to invoice the goods ordered at the prices listed in the order.
Clause n°3 : Discounts
The prices offered include discounts that SMC SAS society would be obliged to grant, according to its results or the purchaser’s care for certain services.
No discount will be given for advance payments.
Clause n°4 : Terms of payment
Orders may be paid using :
The payment is expected to be made upon the receipt of the order or the day of the service delivery
Clause n°5 : Late payment
If the customer is in default of payment, total or partial, 30 days after the reception of the order, or of the service provision, the purchaser must pay to SMC SAS society, a late payment fee equal to the legal rate, plus 10%, to which is added a lump sum of 40€, as referred to in Article D441-5.
The legal rate of interest selected is that in force at the day of the delivery of the goods.
This penalty is calculated on the amount net of tax of the sum remaining had, and runs as from the expiration date of the price […] without no setting in preliminary residence being necessary.
Clause n° 6 : Avoidance Claude and Reserve property
If in the fifteen days which follow the implementation of the clause « Non-payment », the purchaser did not discharge sums remaining had, the sale will be able to open right to the allowance of damages to the profit of the compagny SMC SAS
SMC SAS society preserves the ownership of the goods until the compagny has received in cash or cleared funds the effective payment in full for all goods. To that end, if the purchaser is subjected to statutory reorganisation or is liquidated by court order, SMC SAS society reserves the right, as part of the collections procedure, to claim merchandise which has been sold but not yet paid for.
Clause n°7 : Delivery/ Delivery charges
The delivery can be made::
The delivery deadline ( 1 month ) stated when the order is logged shall be intended for guidance purposes alone, and shall not be guaranteed in any manner whatsoever.
Accordingly, any reasonable delay in delivering the products shall not entitle the customer to :
The customer shall bear the carriage risks in full until delivery.
In case of missing or damaged goods during transport, the buyer must make the necessary reservations on the delivery of the goods upon receipt. Said reservations shall also be confirmed in writing by registered letter with acknowledgement of receipt, within five days of the delivery.
Clause n°8 : Guarantee and after-sales service
Our products have a 1 year warranty. (« pieces » only, excluding battery), from de date of invoice date.
By « pieces », it means all manufacturing defaults of the products.
The guarantee cannot be activated if the products are use differently as the notice advocate. The defective products must be sent at the seat of SMC SAS society, by Colissimo with registered letter for a standard exchange.
The customer should keep proof of shipment.In case of loss of the package, no refund will be made without such proof.
SMS SAS society will not be held liable for damages resulting from an .improper use of its products, or resulting from accidental breakage.
Clause n°9 : Force majeure
SMC SAS shall not be held liable if its failure to perform any of its obligations described herein or late performance thereof arises from a case of force majeure.
In that respect, force majeure shall mean any unforeseeable and irresistible external event within the meaning of Article 1148 of the French Civil Code (Code Civil).
Clause n°10 : Competent court
Any dispute relating to the interpretation and performance hereof shall be governed by French law.
If the dispute cannot be resolved out of court, i twill be referred to the Commercial Court of Versailles
Done at Paris, on 04/02/2016