GENERAL TERMS AND CONDITIONS OF SALE
FIRST AID DESIGN – DRAPAL – RCS 832 715 213
Villefranche-Tarare Airfield
63 avenue Odette et Edouard DURAND, 69620 FRONTENAS – FRANCE
(INCLUDING RETENTION OF TITLE CLAUSE and jurisdiction clause)
www.victorys-kids.com is a brand of the company FIRST AID DESIGN.
1. Scope of Application
Unless expressly objected to in writing by the purchaser prior to delivery of the goods and duly accepted by the Management of FIRST AID DESIGN – DRAPAL in consideration of reciprocal concessions, the purchaser is deemed to accept these general terms and conditions of sale without reservation, even in the event of contradictory clauses contained in their own general terms and conditions of purchase.
2. Liability and Claims
2.1 Our agents or representatives are authorized to negotiate contracts, which shall only become binding after acceptance by us.
2.2 Any technical specifications provided are given for indicative purposes only. The purchaser remains solely liable for any damage resulting from the use of the goods sold. FIRST AID DESIGN – DRAPAL shall in no event be held liable for such use or its consequences.
2.3 Any claim relating to visible defects in the delivered goods must, to be valid, be received by us within eight (8) days of delivery and prior to any handling. Failing this, claims shall be deemed null and void.
2.4 In all cases, any claim must be submitted to us within eight (8) days of the discovery of any potential defect in order to be valid. If, after a joint examination, the claim is recognized as justified, our obligation shall be limited, at our discretion, to replacement or reimbursement of the defective goods only, to the exclusion of any other liability or compensation. Any replaced goods shall become our property. No return shall be accepted without prior express agreement from FIRST AID DESIGN – DRAPAL.
3. Delivery of Goods
3.1 Delivery times, even when stipulated in writing, are given for indicative purposes only. No order may be cancelled due to delivery delay without prior formal notice to deliver sent by registered letter. Such notice shall trigger a period of THIRTY (30) DAYS after which the customer may cancel the order. No compensation may be claimed for any commercial loss resulting from a delivery delay.
FIRST AID DESIGN – DRAPAL declines all liability for damage, loss, or theft occurring during transport. These risks are borne by the owner of the goods, subject to recourse against the responsible party, to the exclusion of any claim against the handler, regardless of the mode of transport or payment thereof.
3.2 FIRST AID DESIGN – DRAPAL reserves the right to cancel orders, even if accepted, or contracts, or to require guarantees in the event of a change in the purchaser’s situation (death, incapacity, bankruptcy, liquidation, judicial reorganization, suspension of payments, dissolution, or any other modification of the purchaser’s situation), non-return of an accepted bill of exchange, or default of payment.
3.3 Goods travel at the purchaser’s risk, whether shipment is prepaid or collect. In the event of damage or shortage, the purchaser must, under penalty of forfeiture, make clear and precise reservations on the delivery note (receipt, GPR, CMR, etc.) and confirm these reservations to the carrier within three (3) days of receipt. FIRST AID DESIGN – DRAPAL is not required to intervene in such disputes but recommends that purchasers send it a copy of the confirmation of reservations for information purposes.
4. Prices and Payment
Our invoices are payable within thirty (30) days from the invoice date.
Sales made via our website must be paid either by credit card or by cheque at the time of order. It is specified that the goods will only be shipped after full and final receipt of payment.
FIRST AID DESIGN – DRAPAL reserves the right to require payment for all or part of an order from a new customer.
All sales are payable at the registered office of FIRST AID DESIGN – DRAPAL, unless expressly agreed otherwise.
In the event of non-payment of our invoices by the due date, the amounts due shall automatically accrue interest, after formal notice, at the legal interest rate increased by 50%, without prejudice to the immediate enforceability of the debt. Furthermore, non-payment of an invoice or bill of exchange, or failure to accept a bill of exchange, shall render immediately due any other outstanding amounts, even if not yet due.
No discount shall be granted for early payment.
Any exchange rate risk shall be borne by the purchaser.
5. Online Sales and Returns
Goods are shipped upon receipt of full payment of the invoice.
In accordance with the French HAMON law, online customers have a period of fourteen (14) days from receipt of the parcel to change their mind without justification.
Return shipping costs are borne by the purchaser.
Refund of all amounts paid, including outbound shipping costs, shall be made within fourteen (14) days of receipt of the returned goods by FIRST AID DESIGN – DRAPAL.
6. Retention of Title Clause
FIRST AID DESIGN – DRAPAL expressly retains ownership of the goods delivered and designated above until full payment of the price, including principal and interest. Risks are borne by the purchaser. Deposits may be retained to cover any potential losses on resale.
In the event of payment by bills of exchange, transfer of ownership to the purchaser shall only occur after effective payment of said bills.
Nevertheless, FIRST AID DESIGN – DRAPAL authorizes the purchaser, upon delivery, to carry out all resale operations of the delivered goods, it being expressly agreed that even in such case, FIRST AID DESIGN – DRAPAL retains the right to reclaim them in whatever condition and wherever they may be found.
7. Fixed Compensation for Collection Costs
In accordance with Article L441-5 of the French Commercial Code, the amount of the fixed compensation for collection costs is set at forty (40) euros.
8. Jurisdiction
Any dispute relating to the interpretation or execution of our terms and conditions of sale shall fall under the exclusive jurisdiction of the Commercial Court of Lyon (Rhône – 69), even in the event of contrary clauses in the purchasers’ commercial documents.
In cases where purchasers are sued by third parties before another court, they waive the right to call FIRST AID DESIGN – DRAPAL into warranty proceedings before any court other than the Commercial Court of Lyon (Rhône – 69).