Terms & conditions

TERMS AND CONDITIONS OF SALE

Applicable from March 1, 2023

Clause no. 1: Purpose and scope of application
The present general terms and conditions of sale (GTCS) form the basis of commercial negotiation and are systematically sent or handed to each purchaser to enable them to place an order.
The general terms and conditions of sale described below detail the rights and obligations of the company UNIVERSAL DISTRIB and its customer within the framework of the sale of the following goods: LUMINO PAINT® - PINTURAS DECOLOR, as well as all other Products & Brands already present in UNIVERSAL DISTRIB's catalog and to come.
Any acceptance of the quotation/order form including the clause "I acknowledge having read and accept the attached general sales conditions" implies the buyer's unreserved acceptance of these general sales conditions.


Clause 2: Prices
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
UNIVERSAL DISTRIB's sales conditions are Exworks.
UNIVERSAL DISTRIB reserves the right to modify its prices at any time.
Orders will always be adjusted to the packaging of each product (see price list)
However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.


Clause 3: Discounts
The proposed prices include any rebates that UNIVERSAL DISTRIB may grant in view of the volumes ordered.


Clause 4: Discount
No discount will be granted.


Clause 5: Terms of payment
Payment for orders may only be made by bank transfer
Account: IBAN FR89 3000 2004 8300 0037 5401 H05
Payments will be made under the following conditions:
- Payment on order


Clause no. 6: Transport
Delivery is made:
- Either by handing over the goods directly to the purchaser;
- Or by sending a notice of availability to the purchaser;
- Or by depositing the goods at the place indicated by the purchaser on the order form.
- In accordance with the Packaging Act 11/1997 and article 18.1 of the regulations, the purchaser responsible for the delivery of used packaging, in the interests of proper environmental management, will always be the final holder of the packaging.
The delivery time indicated when the order is placed is given as an indication only and is not guaranteed in any way.

Consequently, any reasonable delay in the delivery of the products shall not give rise to :

- Awarding damages;

- Order cancellation.

Transport risk is borne entirely by the buyer.

In the event of missing or damaged goods in transit, the purchaser must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt addressed to the company.

In all cases, the responsibility of UNIVERSAL DISTRIB will always be limited to the value of the goods.

All returns must be duly justified and approved by UNIVERSAL DISTRIB. Returned goods will not be accepted without the prior agreement of UNIVERSAL DISTRIB.

For returns expressly authorized in advance by UNIVERSAL DISTRIB and whose causes are not attributable to it, an additional charge will be applied to cover the costs of management, transport and handling of returns (see price list).

No returns of paint tinted with the colorimetry system will be accepted.

Clause 7: Force majeure
UNIVERSAL DISTRIB may not be held liable if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.


Clause no. 8: Retention of title 

The present sale is concluded with reservation of title for the benefit of UNIVERSAL DISTRIB. It is expressly agreed between the parties that transfer of ownership to the buyer is subject to full payment of the price, on the agreed due date as shown on the invoice issued. In the event of non-payment by the due date, UNIVERSAL DISTRIB shall regain possession of the goods of which it remains the owner.


Clause 9: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be referred to the Paris Commercial Court.


Clause no. 10: Buyer's acceptance of the terms and conditions of sale
- Express acceptance by the purchaser of the general terms and conditions of sale.
Done at ________, on ___/____/2023
"I acknowledge that I have read and accept the above general terms and conditions of sale"
Signature of the purchaser
Signature of the legal representative of UNIVERSAL DISTRIB