GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale described hereinafter detail the laws and obligations of the company Talarc SARL (hereinafter referred to as the "company") and its customer within the context of the sale of the following merchandise: pieces of transportation and hoisting equipment.

Any service performed by the company Talarc SARL implies thus the compliance, without reservation, of the buyer with these general terms and conditions of sale.

 The company reserves itself the right to amend these general terms and conditions. Without prejudice to article 2, the general terms and conditions are deemed accepted by the customer as long as these have been communicated to him beforehand on the website www.goliath-store.com by the company, and if there is no dispute from the customer within a period of fifteen (15) days starting from this communication.

 

1. PRICE, ORDERS AND EXECUTION 

The prices of the merchandise sold are those in effect on the date the order is accepted. They are expressed in Euro and calculated without taxes. As a result, they are raised by the VAT-rate and applicable transportation costs at the time of the order.

 They are subject to revision in case of a cost increase of raw materials, variation in the exchange rate, modification of the initial project under development or any other independent circumstance of the wish of the company. However, the company is committed to invoicing the merchandise ordered at the prices indicated when the order is recorded.

 Any order placed with the company is firm and final for the customer upon receipt by the company of a purchase order or any other medium relating to an order. The customer acknowledges that he has made his commercial decision (understood as being any decision relating to the order) with informed written consent hereto.

  The company will implement all reasonable efforts to execute the order within the agreed time frame. The unavailability of a product due to a stock shortage or delay of a service cannot lead to the cancellation of the overall order and does not give the right to any compensation on the part of the company. The deliveries and services will be considered as accepted and validly executed if there is no objection of the customer within five (5) business days of the deliveries or services.

 

1. BILLING AND PAYMENT

In case of any modifications, after the order or the date on which the contract, exchange rates, applicable taxes, imposed prices are established, the company reserves itself the right to adjust the sales price accordingly.

The confirmation of the contract will be sent to you by e-mail during the confirmation of the order after having carried out the payment. The contract is concluded in French. Prior to validating the order, in other words before clicking on the button "Order with payment", the customer will have the option of detecting and correcting the input errors.

The invoices are created in Euro and are immediately payable for customers without a bank account, otherwise as negotiated. The prices do not include VAT and all other taxes not included that will be billed in addition to that.  

In case of a total or partial lack of payment of the merchandise delivered on the day of receipt, the buyer must pay to the company Talarc SARL a lateness penalty equal to 2.25% according to Grand-Ducal regulation and, for the professionals, equal to the policy rate of the ECB increased by 7% in accordance with the law of 18 April 2004.

The selected statutory interest rate is the one in effect on the day of delivery of the merchandise.

This penalty is calculated on the amount included all taxes of the sum that remains due, and runs from the date of maturity of the price without a prior formal notice being necessary.

The late payment can also give rise to the suspension of orders and restitution of merchandise as mentioned in article 5 (title retention clause). The invoices that are not contested in writing within eight days upon receipt are deemed accepted without the customer being able to invoke a change of address in case the complaint deadline has passed. The customer will pay, in any case, the uncontested amount of any contested invoice.

In case of unavailability of an ordered product, we would be obliged to cancel the order. We would inform you about it via e-mail.

The offers are valid until the stocks are depleted, subject to errors and modifications.

1. PAYMENT TERMS

The payment of orders is made:

• either by credit card;
• or wire transfer;
• or by account (for the professionals who meet the criteria);

Regardless of the type of payment chosen, an invoice will be sent to you by e-mail.

In case of payment by credit card, the card is debited when the order is placed. We accepts credits cards such as Visa, MasterCard and American Express.

 

1. DELIVERY TERMS

The delivery is made to the delivery address indicated by the customer. You will be informed about the shipment via e-mail.

Delivery period: the delivery of ordered merchandise is made, depending on the case, between 72 hrs and 1 month if your order is accepted. The delivery periods indicated by the company are always indicative periods based on an estimated average period. No compensation can be granted to the customer in case of non-observance of these periods, and no order can be cancelled without the express agreement of the company.

We rely on parcel services for the shipment of your order. In case merchandise is delivered to you in damaged condition, we ask you:

A)     To the extent possible, make a complaint relating to the damaged merchandise immediately with the employee of the parcel service, and to keep a record of the degree and extent of the damage.

B)     Provide us with a copy of these reservations within five days after the delivery, by e-mail, via the contact page of the site.

The risk of loss or damage of the ordered merchandise is transferred to the consumer when the latter, or a third party designated by the consumer, physically takes possession of these goods.

Upon delivery, the products are placed under the responsibility of the customer who thus bears all the risks of loss or damage and takes out the necessary coverage. In case of loss or damage linked to transport, the customer will pursue his remedy against the transporters. If the customer does not take the delivery of any product, the company will be authorised to invoice the price of products and any other cost immediately caused by the default in taking delivery in a timely manner by the customer.

In addition to the indicated prices, we invoice the transport fees per order for the delivery.

1. RIGHT OF WITHDRAWAL OF THE CONSUMER

Only the customers who are consumers in the sense of article L. 010-1 of the Luxembourg Consumer Code enjoy the right of withdrawal set out below.

The customer has the right to withdraw from this contract within a period of fourteen calendar days starting from the day on which the customer - or a third party he has named and who is not the transporter - has taken possession of the merchandise (or of the last product in case of a contract that covers several products having been ordered in a single order and which are delivered separately) without having to indicate a reason and without penalty.

To exercise his right of withdrawal, the customer must inform us about his decision to withdraw from this contract using an unambiguous statement (by e-mail, via the website). To this end, the customer can use the template withdrawal form provided, which is nevertheless not imposed.

To meet the withdrawal deadline, it suffices to inform us about the exercising of the right of withdrawal before the withdrawal deadline expires, by e-mail via the contact page of the website.

If the customer exercises his right of withdrawal, we will reimburse without undue delay and at the latest within fourteen days starting from the day on which we have received his notice of withdrawal from this contract, all the payments, including the delivery costs (with the exception of additional costs that result from your choice of delivery method that differs from the standard most economical delivery that we offer).

We use the same payment method for this reimbursement as the one used by the customer during the original transaction, unless explicitly agreed otherwise; by no means do we invoice the costs for this reimbursement to the customer. In some exceptional cases, a reimbursement by the same method of payment as the one used by the customer may prove to be impossible. In that case, we would contact the customer to agree on another method of reimbursement. This would not result in any additional costs.

We have the right to refuse the reimbursement until return receipt of the merchandise or until the customer has provided us with proof of the return shipment of the merchandise.

The merchandise must be returned at the latest within fourteen calendar days starting from the day on which the customer has informed us about the withdrawal, to the following address:

Talbot Découpage Emboutissage

ZI de Chambord

Rue de Buray

41500 Mer

France

In case the right of withdrawal is exercised, the return shipping costs will be charged to the customer. Administrative processing fees can also be applied (contact us to know the cost), the maximum amount of which will be 30€. A restoration fee will be applied for any merchandise that is returned to a condition other than its original condition.

The ordered merchandise that is returned without consulting with us or without postage will be refused.

Standard withdrawal form

If the customer wants to exercise his right of withdrawal, he can fill in this form and send it back to us by e-mail, via the contact page of the site.

I/we withdraw myself/ourselves (*) from the contract that I/we have concluded (*) for the purchase of the following merchandise

Ordered on/received on

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s)

Date

(*) Delete as appropriate

For any questions or in case of doubt, please contact our customer service via the contact page of the site.

1. RETENTION OF TITLE

The company retains title to the sold products until actual payment of the total price. The risks linked to the sold products are transferred to the customer when the merchandise is remitted to the transporter, regardless of the date of transfer of the title.

In the absence of complete payment of the price of the products of principal and interest, the company can asserts its retention of title and require the immediate remittance of the merchandise in question without you being able to assert a right of retention, except in case of uncontested and incontestable debts. The company can also take back the unpaid merchandise between the hands of under-purchases or by requiring the direct payment of the part of these. Until the price is fully paid, the customer cannot pledge the products or exchange them, nor transfer them as collateral.

1. LEGAL WARRANTY OF CONFORMITY

If the merchandise is damaged or if it presents other defects (e.g. incomplete delivery), you can thus assert the legal warranty of conformity. The legal warranty period is 12 months starting from the day on which the merchandise is delivered to you.

In order to benefit from this warranty, the customer will have to inform the company immediately, by any written means, about problems he encounters.

The warranty does not cover the material sold that has not been used or maintained in a good household manner by the customer and/or which has been modified, transformed, repaired or disassembled, even partially by any person unknown to the company. The material is also not covered by the warranty if the damage can be attributed to the customer, particularly if the damage is the consequence of the connection of the material supplied by the company with material from another origin, or use of the material in an environment that does not comply with the specifications (temperature, humidity, corrosive or porous atmosphere, variation in electrical voltage, etc.). As for the material sold, the warranty obligation of the company is exclusively limited to the replacement and/or repair of defective parts of the material sold.

The repaired or replaced parts will be guaranteed for the remaining period of the original warranty. The company is not obliged to loan substitution material for the time that is necessary to repair or replace defective material under the warranty.

 

1. LIABILITY LIMITATION

Unless expressly stated otherwise, the obligations of the company constitute obligations of means. The customer will choose, completely independently and in function of the objectives he wishes to achieve, the equipment, applications, services and resources he needs. He will be responsible for the execution of applications he uses and evaluation methods he wishes to implement or that he may possible provide to the authorities on which he depends.

  The company shall not be bound by any compensation for indirect damage or economic loss such as the loss of production, loss of operation, loss of chance, loss of data, financial or commercial prejudice or other that would be direct or indirect consequence of damage suffered as a result of the installation, use or defect of the merchandise delivered.

 The company cannot be held responsible for damage linked to a delivery problem, a damage, damage linked to a non-compliance with the needs of the customer, incompatibility between equipment, obsolescence of equipment or damage due to an independent cause of the wish of the company or due to a case of force majeure.

 It is solely the responsibility of the customer to conduct technical tests and conformity checks regularly and, either way, prior to any technical intervention. Any compensation to the benefit of the customer is limited to the price, not including VAT, of the damaged product delivered. Any action or request of any nature that is likely to be addressed against the company shall laps within a period of one (1) year.

 

1. CONFIDENTIALITY

The customer is aware of the fact that the company can have access, as part of the assignments that are entrusted to him, to confidential information and accepts it. The parties shall take all reasonable measures to abide by the strict confidentiality of information that they have access to and will not divulge it to any third party without prior consent.

 

1. COMPLAINT HANDLING

In case of a complaint, the customer can contact the company by using the contact form that is available on its website www.goliath-store.com or by mail.

 

1. NULLITY

The nullity of any clause or part of the clause of these terms and conditions shall not affect the other clauses or parts of clauses and the clause or part of the clause in question will be replaced as far as possible by a valid provision with equivalent effect.

 

1. JURISDICTION AND APPLICABLE LAW

The sales contracts are subject to Luxembourg law. The Courts of Luxembourg shall have exclusive jurisdiction over any relative dispute in the absence of an amicable agreement.