GENERAL TERMS AND CONDITIONS OF SALE

Article 1 – General provisions

The present general conditions of sale apply to all sales between Tissus Toselli and its professional customers. They shall always apply, unless otherwise agreed in writing. The acceptance of our general terms and conditions of sale implies, by right, the non-application of all other general terms and conditions of purchase or sale, unless expressly agreed in writing.

Article 2 – How to order

All orders placed for our products in our catalogue must be made :

• or by the website with a minimum purchase amount of 400,00€ HT, at the address: tissustoselli.fr and subject to the creation of a professional customer account
• or by e-mail, with no minimum purchase amount, indicating precisely for each article: the name of the product, the size, the colour, the quantity and other information that may be necessary

For any creation of customer account on our website, the professional customer commits himself transmitting to the company Tissus Toselli the exact information, relating to its activity, as well as in the event of change of the aforementioned information. Tissus Toselli will communicate the information relating to the order by e-mail with the customer, namely: the reception of the order and any additional information, the sending of the invoice, the information concerning the forwarding of the goods.

Any order confirmation and invoice validation implies acceptance of these general sales conditions.

Article 3 – Prices

The prices indicated in the catalogue are in Euros (€) and are calculated without tax. They will then be increased by the VAT rate at the time of invoicing (VAT only for customers on French territory). Prices do not include transport costs and customs duties. Tissus Toselli reserves the right to freely review its prices at any time. However, it undertakes to invoice the goods ordered at the price displayed when the order is placed.

The application of discount on the price of the articles is restricted to the periods of promotions defined by the Company Tissus Toselli and to the articles voluntarily sold outside these periods. Discounts applied to promotional products cannot be combined with any exceptional discounts granted to the customer on his invoice.

Article 4 – Methods of payment

The payment of the order is made :

• by bank transfer,
• or by remote credit card transaction via Eftpos terminal
• either direct banking (LCR) for customers on French territory

All our goods are payable exclusively at our Head Office, whatever the method of payment, and even in the case of payment by commercial paper, which does not bring any novation.

The terms of payment are as follows:

• For the customers on the French territory, the payment is carried out either 30 days end of month or 45 days date of invoice, this validated beforehand and of a common agreement, between the professional customer and the company Tissus Toselli
• For all customers outside France, the total amount invoiced must be paid before the goods leave

Any rebates granted are only payable at the end of the reference period, and only after payment for all goods entitled to them. They will be settled either by credit to the account or by actual settlement at our discretion.

The fact that a payment facility may have been granted does not entail any obligation to maintain it. If a sale includes several deliveries or not, the non-payment of one of them, as well as the refusal to accept a bill of exchange, may automatically lead to the immediate cancellation or termination of the sale at our discretion, without notice of default or notification.

Article 5 – Discounting

All our goods are deemed to be payable in cash from the day of dispatch. Art. L. 441-9, I, paragraph 5 of Commercial Code: A discount of 2% may be granted for early payment within 10 days of the invoice date, excluding pro forma invoices.

Article 6 – Late payment

Orders received by us are not final until they have been accepted and confirmed in writing. Any sum not paid on the due date, in accordance with Art. L.441-3 of Commercial Code, (Invoice incl. VAT x number of days late x 2%) / (365 x 100) calculated without the need for any prior notice of default.

Any sum, including the deposit, not paid on the due date shall automatically give rise to the payment of a fixed indemnity for collection costs set at 40€.

Article 7 – Delivery

If no delivery date is set, delivery shall take place according to the possibilities of the manufacturer. Delivery times are given as an indication and are not binding: under no circumstances may delays in delivery give rise to or motivate a claim for damages or cancellation of the order.

Our goods and their packaging always travel at the buyer’s risk, regardless of the conditions of sale, even in the case of carriage paid sales. It is therefore up to our customers, if necessary, to safeguard their rights vis-à-vis the transporters, in accordance with the law, in particular the provisions of articles 105 and following of the Commercial Code. Where we are responsible for transport costs, unless instructed otherwise in writing, we shall decide on the means of transport used.

Customers on French territory are exempted from transport costs (Franco) from 850,00€ HT of purchase invoiced.

Article 8 – Superior force

Tissus Toselli shall not be held liable in the event of superior force or in the event of an impediment to manufacture, in particular, supply difficulties, labour or material shortages, strikes, transport interruptions, etc. In this respect, superior force means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Article 9 – Complaints and return conditions

Any complaints regarding the quality, characteristics, type of goods supplied and any apparent or hidden defects must be brought to our attention immediately. Any complaint must be substantiated by concrete or precise facts. Our warranty is limited to the replacement of the defective goods, excluding all damages, handling and processing costs. No claims will be considered after 7 days of receipt. No returns will be accepted without prior written agreement.

Article 10 – Non-competition clause

Unless otherwise agreed in writing, the buyer undertakes not to export the goods purchased, nor to transfer them to companies or persons engaged in export. Its sales activity must be limited to sales to individuals or professionals in its geographical area of activity, not exporting.

Article 11 – Retention of title clause

The transfer of ownership of our goods is suspended until the buyer has paid the full price, as well as any sum attached to it. The takeover will take place, if necessary, within the framework of the provisions of the law of 12 May 1980. S.A.R.L. Tissus Toselli & Cie retains ownership of the goods until full payment of the invoice: Art. 1583 of the Civil Code.

Article 12 – Litigation

Any postponement of litigation shall automatically entail a surcharge of 20% (including VAT) of the amount due, in addition to the legal costs.

Article 13 – Competent court

All disputes, whatever their nature, will always be subject to the jurisdiction of the Courts of Nice, even in the event of multiple defendants or the introduction of a guarantee, French law being the only applicable law. This jurisdiction clause shall apply even if there is a different clause in the commercial documents of our buyer.

GENERAL TERMS OF USE

Article 1 – Ownership

This site is the property of the company Les Tissus Toselli. The photographs, texts, slogans, drawings, images as well as all works integrated into the site are the property of the company Les Tissus Toselli. The fact that you can consult and save the data on this site on another medium does not give you the right to reproduce or represent, in whole or in part, this site or all or part of its elements. Only use for strictly private purposes will be tolerated, subject to the provisions of the Intellectual Property Code.

Article 2 – Limits of liability

The company Les Tissus Toselli disclaims any legal or illegal use of the data on this site. The data on this site is provided for information purposes only, without any implicit or explicit guarantee. All information on this site may contain technical and/or typographical errors. Toselli Fabrics is not responsible for the content of pages linked from its website, or for the use of the content of these pages.