Stellagreen.fr is a website published by the company BEMY SARL.
SARL with capital of 10,000 euros
19 avenue des Bruyères 69150 Décines-Charpieu - France
Siret : 53351128300012 - VAT : FR08 533511283
CNIL : in progress
The relationship between the Company BEMY (hereinafter "The Company") and its Clients (hereinafter "The Client") is governed by the general terms and conditions of sale as defined below. They are intended for professionals and apply to all sales and services made from the website: www.stellagreen.fr, as well as those received by any other means (fax, e-mail, mail, telephone).
Clause N°1 : Subject
The general terms and conditions of sale described hereafter detail the rights and obligations of the company BEMY SARL (STELLA GREEN) and its client in the context of the sale of goods offered by BEMY SARL. Any service provided by the company BEMY SARL therefore implies the buyer's unreserved adherence to these general terms and conditions of sale.
Clause N°2 : Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated net of tax. Consequently, they are increased by the VAT rate and transport costs applicable on the day of the order. BEMY SARL reserves the right to modify its prices at any time. However, it commits itself to invoice the ordered goods at the price indicated at the time of the registration of the order.
Any online order less than or equal to an amount of 150€ can be refused or cancelled at any time by the company BEMY SARL (STELLA GREEN).
Clause 3: Discount
No discount will be granted for early payment.
Clause N°4 : Terms of payment
The payment of the order is made :
- By credit card in remote sale,
- Either before shipment by bank transfer,
- Either by cash on delivery,
- Either by check upon receipt of invoice,
- Either by magnetic LCR at 60 days from date of invoice.
Any other method of payment is subject to special conditions of sale and will have to be expressly approved by BEMY SARL. The determination of the method of payment will take into account the obtaining by the company BEMY SARL of an outstanding credit on its customer from the Company AGIR RECOUVREMENT OR ANY OTHER AUTHORIZED COMPANY. The French Law on the Modernization of the Economy (LME) n°2008-776 of August 4, 2008, imposes a payment period limited to 45 days end of month or 60 days net, from the date of issue of the invoice, starting January 1, 2009.
Clause N°5 : Late payment
In the event of non-payment in whole or in part of the goods delivered on the due date of the invoice, the purchaser must pay the Company BEMY SARL a late payment penalty equal to 10% of the amount before tax. This late payment clause will also be implemented in case of failure to return the draft accepted by the client within the 15 days deadline. If for internal reasons, the buyer is unable to respect this delay, he will have to inform BEMY SARL; the latter reserves the right to give its express agreement to a new delay for the return of the bill of exchange within the framework of special conditions of sale. This penalty is calculated on the amount, excluding taxes, of the sum remaining due, and runs from the due date at the price without any criminal formal notice being necessary. For any unpaid payment, a fixed fee will be charged
Clause No. 6: Lump-sum compensation for recovery
Any delay in payment shall automatically and without any formal notice be required to pay late payment penalties on the basis of the ECB rate plus ten (10) points and to pay a fixed penalty for collection costs of €40 by decree no. 2012-1115 of 2 OCTOBER 2012.
Clause N°7: Resolutive clause
If within fifteen days following the implementation of the clause "Late payment", the purchaser has not paid the sums remaining due, the sale will be cancelled by right and may give rise to the allocation of damages to the benefit of the company BEMY SARL.
Clause N°8 : Retention of title clause
The company BEMY SARL retains ownership of the goods sold until full payment of the price, in principal and accessories. For this reason, if the purchaser is subject to a receivership or a judicial liquidation, the company BEMY SARL reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause N°9 : Delivery
The delivery is made :
- Either by direct delivery of the goods to the buyer,
- Either by sending a notice of availability in warehouse to the attention of the purchaser,
- Either at the place indicated by the buyer at the time of the order.
The delivery time indicated at the time of order registration is given only as an indication and is in no way guaranteed. Consequently, any reasonable delay in the delivery of products will not give rise to the buyer to :
- The allocation of damages,
- Cancellation of the order.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery by registered mail with acknowledgement of receipt.
In case of non-conformity of goods, the buyer must inform the Claims Department of the company BEMY SARL (by fax 04.78.80.45.16 or by e-mail: STELLAGREEN@HOTMAIL.FR) of his observations within a maximum of 7 days following delivery.
For exports outside the EEC, taxes and customs fees are at the charge of the buyer.
Clause 10: Return
Any product return must be the subject of a formal agreement between the seller and the buyer. Any product returned without this agreement will be held at the disposal of the purchaser and will not give rise to the establishment of a credit note. The costs and risks of the return are always borne by the purchaser. Any return accepted by the seller will lead to the establishment of a credit note in favour of the purchaser, after quantitative and qualitative verification of the returned products.
Clause N°11: Cancellation
In the event of cancellation of the order, the customer will be charged a fee of 30% of the amount excluding VAT, plus delivery costs if the order was cancelled after dispatch.
Clause 12: Force Majeure
BEMY SARL cannot be held liable if the non-execution or delay in the execution of one of its obligations described in the present general terms and conditions results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.
Clause N°13: Competent Court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the Commercial Court of Lyon.