Terms and Conditions
The Terms and Conditions described below detail the rights and obligations of the company Air Serenity SAS, 66 avenue des Champs-Elysées, 75008 Paris, France, registered at the RCS of Paris under number 752 935 791, represented by M. Joseph Youssef, hereinafter "The Seller" or "The Company" and its customer, a natural or legal person proceeding to the purchase of products or services of the Seller, hereinafter, "the Buyer", or "the Customer".
Any purchase of products by the Customer implies the unreserved acceptance of these general conditions of sale.
The prices of the goods sold are those in force on the day of the order taking. They are expressed in euros and calculated without taxes. As a result, they may be increased by the VAT rate and the transport costs applicable on the day of the order.
The Seller has the right to change its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
The rates proposed include discounts and rebates that the Seller would be required to award based on its results or the assumption by the purchaser of certain services.
4. Advance payment discount
No discount will be granted in case of advance payment.
5. Payment terms
The payment of the orders is carried out:
- by credit card
- by check labelled in Euros
- by bank transfer.
The payment details are explained on the invoice and the order summary e-mail.
The sending of the order will be made only after reception of the total payment of this one.
6. Late payment
In case of default or cancellation of payment for goods delivered, the buyer must pay to the Seller a late penalty equal to three times the rate of legal interest.
The legal interest rate used is that in force on the day of delivery of the goods.
As of 1 January 2015, the legal interest rate will be reviewed every 6 months (Ordinance No. 2014-947 of 20 August 2014).
This penalty is calculated on the amount inclusive of the sum remaining due, and runs from the date of expiry of the price without any prior notice being required.
In addition to the late payment, any sum not paid on its due date, including the down payment, will automatically result in the payment of a lump sum of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
7. Cancellation clause
If within fifteen days after the implementation of the clause "late payment", the buyer has not paid the sums remaining due, the sale will be resolved automatically and may entitle to the allocation of damages for the benefit of the Seller.
8.Title retention clause
The Seller retains ownership of the goods sold until full payment of the price. As such, if the purchaser is the subject of a reorganization or liquidation, the Seller reserves the right to claim, as part of the collective procedure, the goods sold and remained unpaid.
Delivery is made:
- either by the direct delivery of the goods to the buyer;
- by sending a notice of provision in pick-up place to the attention of the buyer;
- at the place indicated by the buyer on the order form.
The delivery time indicated during the registration of the order is given for information only and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products can not give rise to the benefit of the buyer to:
- the award of damages and interest;
- the cancellation of the order.
The risk of transport is borne entirely by the buyer.
In case of missing or damaged goods during the transport, the buyer will have to formulate all the necessary reserves on the purchase order upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter.
10. Force majeure
The responsibility of the Seller can not be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of absolute necessity. As such, force majeure means any external event, unforeseeable and irresistible within the meaning of article 1148 of the Civil Code.
11. Court of competent jurisdiction
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law and is based on the French version of these Terms.
In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Paris (France).
Established in Paris, on May 20, 2019