Article I - Scope of application
1.1- These General Terms and Conditions of Sale, hereinafter referred to as the GTC, apply to any sales contract concluded between
on the one hand, Jean-Luc Mansas, commercial agent, registered with the Toulouse Trade and Companies Registry under number 400 146 973, whose registered office is located at
Zone Industrielle - 4, rue du Négoce in Saint-Orens de Gameville - 31650, hereinafter referred to as Corderie Mansas,
on the other hand, the buyer, hereinafter referred to as "customer", a natural or legal person, individual or professional, who declares that he/she has the capacity to conclude this contract, i. e. to have reached the age of legal majority and is not subject to any protective measures.
1.2- The T&Cs apply to any sale of items, hereinafter referred to as "product(s)", of the Mansas Stringerie range, presented either on the website www.corderie-mansas.fr, or available in stock at the registered office, or on order and made to measure, sale by Mansas Stringerie with any "customer" acting in a personal capacity or in the context of its professional activity, and this, for a purchase at Corderie Mansas' registered office or online via the website www.corderie-mansas.fr.
1.3- The T&Cs are accessible at any time on the website www.corderie-mansas.fr. The "customer" is informed that Corderie Mansas reserves the right to adapt or modify these GTC at any time.
1.4- The General Terms and Conditions applicable to any order placed with Corderie Mansas at the registered office or via the website www.corderie-mansas.fr shall be those in force on the day of final validation of the order by the "customer".
1.5- These GTC apply to orders placed for delivery in France and its Islands, Spain, England, Belgium, Switzerland, Germany and Italy. Orders from the EU (excluding these countries above) cannot be processed via the website www.corderie-mansas.fr.
1.6- These General Terms and Conditions take precedence over all contrary clauses in the General Terms and Conditions of Purchase, hereinafter referred to as GTC, of the "customer" or any other medium. The T&Cs form the basis of the commercial relationship between Corderie Mansas and its "customer", in accordance with the provisions of Article L. 441-6 of the French Commercial Code.
1.7- These General Terms and Conditions and the related price conditions are confirmed to the "customer" on the day of his order. Consequently, any order placed with Corderie Mansas implies the prior, express and unreserved acceptance of these GTC by the "customer".
1.8- The fact that Corderie Mansas does not, at any given time, invoke any of the provisions of these GTCs shall not be interpreted as a waiver of any of these conditions at a later date.
1.9- The invalidity of any of the clauses of these GTC, for any reason whatsoever, shall not affect the validity of the other clauses of the GTC.
2.1- Right to modify products
Corderie Mansas sells different families of articles (ropes, nets, tarpaulins, accessories, etc.), hereinafter referred to as "product(s)", at its registered office and via its website www.corderie-mansas.fr. Corderie Mansas reserves the right to modify at any time the "products" presented on its website www.corderie-mansas.fr.
2.2- Product availability
All the "products" listed on the www.corderie-mansas.fr website are mostly in stock (except for those made to measure and to order). Corderie Mansas strives to regularly update the accuracy of the information announced on its website www.corderie-mansas.fr, in particular the list of "products" available for sale. However, despite all the care taken by Corderie Mansas, some "products" presented on the www.corderie-mansas.fr website may be temporarily unavailable or permanently deleted, and the "customer" is therefore informed that the presentation of the "products" on the www.corderie-mansas.fr website does not guarantee their availability for sale. if, on the day of navigation by the "customer" on the www.corderie-mansas.fr website, the "products" ordered by the "customer" are out of stock, the latter is informed.
2.3- Out of stock
In the event of a stock shortage affecting a current order, Corderie Mansas undertakes to inform the "customer" as soon as possible, by return of order confirmation, before delivery, to agree with him:
(a) a postponement of delivery of all products;
(b) or the replacement of the unavailable product by another product of equivalent quality and price; if one of the two conditions (a) and (b) is not appropriate and if the "customer" withdraws from the substitute product, it is agreed between Corderie Mansas and the "customer" to cancel all or part of the order.In the event that the "customer" wishes to have the "product" out of stock refunded, Corderie Mansas will refund the purchase price within a maximum period of fourteen (14) days following payment of the order.
2.4- Product illustration
All photographs illustrating the "products" and presented on the website www.corderie-mansas.fr, are not contractual and are given for information only. These photographs do not engage the responsibility of Corderie Mansas and may be changed whenever necessary.
All the information in the product sheets on the website www.corderie-mansas.fr is for information purposes only and does not represent, in any case, scientific accuracy (breaking strength, sizes, lengths, diameters, weights and other additional information).
Article III - Opening an account
3.1- Corderie Mansas will open an account for any new "customer" for the purpose of entering his quote and order.
3.2- Corderie Mansas reserves the right to charge its "customer", whether private individual, professional or reseller, in cash when placing an order.
3.3- For the opening of an account of a professional "customer" or reseller, Corderie Mansas is entitled to request the RIB, VAT and Siret number of the latter.
Article IV - Price offer
4.1- All prices are indicated in euros and payable in euros.
4.2- Following the request of the "customer", Corderie Mansas sends the "customer" a detailed price offer, hereinafter referred to as an estimate, with the price of the "products" excluding tax, hereinafter referred to as HT, total amount including all taxes, hereinafter referred to as VAT, port price excluding VAT if the order is not carriage paid, all accompanied by these GTC.
4.3- This quotation is valid for a period of 30 days from the date of sending to the "client". Beyond this deadline, the estimate must be updated by Corderie Mansas.
4.4- Corderie Mansas reserves the right to make any necessary modifications to the price and pricing conditions, even after receipt of the order but do not modify the conditions granted in it, without notice and without the "customer" being able to consider that these modifications transform the sales contract. The new tariff and price conditions cancel and replace those previously published.
Article V - Order placed at the registered office
4.1- To confirm his order, the "customer" returns a "agreement form" or an order form for acceptance and validation of the quote. This "agreement form" or order form constitutes express and unconditional acceptance of the quotation and these General Terms and Conditions. The order becomes final.
4.2- Any order placed by the "customer" at the registered office is confirmed by email to the "customer" by Corderie Mansas. It mentions all the information necessary for the "customer", which may have been included in the quotation.
Article V - Terms of payment
5.1- Corderie Mansas accepts payments by bank transfer, bank or postal cheque or in cash. payment by Paypal card is accepted in case of order via the website.
5.2- The "customer" who makes a purchase at the head office, whether private or professional, pays for his purchases in cash (by cheque or in cash). He can also pay for his order in advance by making a bank transfer before picking up his order at the head office.
5.3- For any order by mail, the "customer", individual or professional, is required to pay the total amount including VAT on the day of the order, by bank transfer or by cheque or Paypal credit card.
5.4- The contract between Corderie Mansas and the "customer" is considered final on the day of receipt of payment by the "customer" of the amount including VAT of the order. The receipt of payment from the "customer" will trigger the assignment of the "products" to his order.
5.5- If a cheque returns "unpaid" or if a "customer" who benefits from special payment conditions does not pay his invoice in the conditions agreed between him and Corderie Mansas:
5.5.a- the retention of title clause in Article IX may be referred to by Corderie Mansas. In this case, the "client" will receive a registered letter with acknowledgement of receipt of formal notice.
5.5.b- For any failure to pay when due: refer to Article 6.2
5.6- The delivery of drafts or any other document creating an obligation to pay does not constitute a payment.
6.1- Invoices are issued by Corderie Mansas on the day of delivery. They are governed by Article V of these GTC.
6.2- With regard to the "customer" who benefits from special payment conditions, these are specified at the time of his order. Any failure to pay by the due date will automatically result, without prior formal notice and without prejudice to any damages, in interest being payable on the day following the date of payment appearing on the invoice, in an amount equal to three times the legal rate in force. In addition, the Customer shall automatically be liable to Corderie Mansas for a fixed compensation for recovery costs of 40 euros. Failure to pay by the due date of a term will also automatically lead, without prior formal notice and as of right, to the suspension of orders in progress, without prejudice to any other course of action.
7.1- Delivery address
Delivery is carried out by handing over the "products" to the "customer" by Corderie Mansas if the sale is made at the registered office, or by a carrier, at the place indicated by the "customer" when the sales contract is concluded, if the sale is made by mail order.
Any error in the delivery address due to incomplete or incorrect information from the "customer" will be borne by the "customer" who will have to bear all the costs of returning to the registered office and representing the carrier.
7.2- Delivery time
The delivery date is only indicative. Corderie Mansas cannot be held responsible for late delivery. Corderie Mansas will keep the "customer" informed, in good time and as far as possible, of the delivery date of the "products".
Corderie Mansas is not responsible for transport problems, unloading of "products" or any delivery anomaly. Corderie Mansas' liability ceases when the "products" ordered by the "customer" from Corderie Mansas are handed over to the carrier.
8.1- The goods, even if they have been agreed carriage paid, travel at the sole risk and peril of the consignee, who is responsible for carrying out all checks in the presence of the carrier upon receipt of the order.
In the event of damage, loss or missing items, it is the responsibility of the "customer" to make all necessary written reservations in the presence of the carrier, upon delivery of the goods, to make a photocopy of these reservations and to exercise any recourse against the carrier, solely liable, by registered letter with acknowledgement of receipt within 3 working days following delivery, in accordance with Article 105 of the Commercial Code. It is advisable for the "client" to attach photos to his registered letter with acknowledgement of receipt.
In case of non-reservations issued on the carrier's voucher, Corderie Mansas cannot be held responsible for any damage, breakage or missing delivery.
8.2- The transfer of risks on "products" takes place at the time of delivery of the "products". The "customer" is therefore solely responsible for the risks involved during the unloading operations of the "products".
9.1- The transfer of ownership of the "products" to the "customer" is subject to full payment by the "customer" of the sale price and interest, costs and accessories. Payment can only be considered as made when the price including VAT has been received by Corderie Mansas.
9.2- In the event of non-payment, the "customer" shall return the unpaid products at his own expense, risk and peril after Corderie Mansas has given notice by registered letter with acknowledgement of receipt.
9.3- The goods that Corderie Mansas delivers to the "customer" remain the property of Corderie Mansas until full payment of their price. It is expressly agreed that if the "customer" resells the goods before having paid for them, he assigns to Corderie Mansas, as security, the receivables arising from the resale of the said "products". This retention of title clause does not establish any derogation from the fact that Corderie Mansas' liability ceases at the time of delivery to the carrier of the "products" ordered by the "customer" from Corderie Mansas.
10.1- The technical specifications (characteristics, dimensions, weights, etc...) mentioned on the website www.corderie-mansas.fr, the day of placing the order by the "customer", have only an indicative value and can in no case be contractual. Corderie Mansas reserves the right to make any necessary changes to the descriptions or photographs, even after receipt of the order, without notice and without the "customer" being able to consider that these changes transform the sales contract. The new technical specifications and prices cancel and replace those previously published.
10.2- The conformity, the absence of apparent defects and the number of "products" must be imperatively verified by the "customer" when delivering his order. Any apparent defect or lack of conformity must be mentioned on the carrier's receipt, photocopied by the customer and sent to the carrier and Corderie Mansas, by registered letter with acknowledgement of receipt, within two working days following the delivery date. In the absence of reservations, any product delivered will be deemed free of apparent defects and in conformity with the order placed by the "customer". 10.3- Unless otherwise specified in the quotation or order, Corderie Mansas products are not guaranteed. Any non-conformity must be requested by the "customer" and must be accepted by Corderie Mansas. The non-conformity must be noted by Corderie Mansas by sending the photograph by email to Corderie Mansas. A non-conformity file will be opened and in the event of agreement on the defect, Corderie Mansas will authorize the return of the "product" and it will be taken back and replaced or refunded according to the agreement concluded between Corderie Mansas and the "customer".
10.4- Any complaint concerning the "products" delivered must be notified by registered letter with acknowledgement of receipt within 8 days after receipt by the "customer". Corderie Mansas' commitment remains limited to the exchange or replacement of the "product" whose defect is expressly noted by both parties. Corderie Mansas cannot be held liable when the defects are due to a transport problem, an accident after delivery or a misuse of the "product" by the "customer".
10.5- No return may take place without the express prior authorization of Corderie Mansas. The return costs are the responsibility of the "customer". The "product" returned must be in a strictly new condition. No "product" on order and/or made to measure may be the subject of a request for return or exchange by the "customer".
10.6- Any product to be exchanged or refunded must be returned within 8 working days of receipt of the return agreement made by Corderie Mansas to the "customer". The "product" must be returned in its entirety and in perfect condition, in accordance with the procedures communicated by Corderie Mansas, to the following address: Corderie Mansas, Zone Industrielle, 4 rue du Négoce, 31650 Saint-Orens de Gameville.
To be accepted, any return must be notified in advance by the "customer" to Corderie Mansas. The return number granted must appear visibly on the return packaging and the printed return form, slipped inside the package. the shipping costs will be borne by Corderie Mansas in the only and only case where the complaint is due to an apparent non-conformity or defect of the "products" delivered. In other cases of return, the shipping costs are the responsibility of the "customer".
In accordance with Article L. 121-20 et seq. of the Consumer Code, the individual "customer" has a period of 14 working days from the date of delivery of his order to withdraw. Any return must be in its original packaging and in new condition, suitable for marketing. If the latter case is respected, the "customer" may request an exchange or refund of the "product" or products concerned. In the event of an exchange or refund, the return shipping costs are the responsibility of the "customer".
Return shipping costs are the responsibility of the "customer" and are not refunded to the "customer".
The refund of the "product" returned will be made to the customer's account within 30 days (articles 121-20 and 121-20-1 of the Consumer Code).
Attention! This article does not apply to "products" made to order, custom-made or cut. These are neither returned nor exchanged.
12.1- Corderie Mansas cannot be held responsible for any damage caused by the "products" sold to its "customer", resulting from a misuse of the "products" by the "customer".
12.2- When the "products" are intended to be fixed on structures already on site, Corderie Mansas cannot be held responsible for the consequences related to the resistance of the structures, the "customer" must first ensure that the structures can indeed be used to fix the "products".
12.3- Under no circumstances may Corderie Mansas be held liable for an amount exceeding the amount of the order concerned.
Corderie Mansas may automatically and immediately terminate an order if the "customer" fails to fulfil any of its obligations, in particular the obligation to pay the price or to take delivery of the "products".
These GTC are subject to French law. The attribution of jurisdiction in the event of a dispute and in the absence of an amicable agreement between Corderie Masnas and the "client" is given to the competent courts of Toulouse, any dispute arising between Corderie Mansas and its "client" must be submitted exclusively to the Commercial Court of Toulouse.