General terms and conditions of sale
1.Presentation
OLMAGI is a limited liability company with a capital of €7,622,
Registered with the RCS of Avignon under number 409843026,
Its headquarters are at
305 Chemin des Tourrasses 84210 SAINT-DIDIER Intracommunity VAT no.: FR 61409843026 Telephone: +33 (0)4 90 95 01 18
Main e-mail: info@olmagi.com
Main websites: www.olmagi.com and www.removebeforeflight.co
- Object and scope
These terms and conditions apply to all products and services marketed by OLMAGI directly or through OLMAGI’s websites: www.olmagi.com and www.removebeforeflight.co. Any product order implies full and unreserved agreement to these terms and conditions, which govern the business relationship between the customer and OLMAGI and prevail over any other document of the buyer, including all terms and conditions purchase, except OLMAGIs derogatory written agreement. These general conditions of sale, apply to all sales of products by OLMAGI unless prior specific agreement between the parties.
- Definitions The merchant / business customer is defined as opposed to the consumer customer, any customer / buyer contractor for the needs or in the context of his professional activity.
- Contract
Quotation: When OLMAGI establishes an offer, it is a complement to these terms. All our offers are valid for 30 days from the date of issue.
Order: By order, we mean any order concerning our products, our prices or our offers, and accepted by OLMAGI. All orders for customized products require a prior offer from OLMAGI, which must be expressly confirmed by the customer (signature of the customer, date and commercial stamp) by mail, fax or e-mail, quoting the offer number. Orders sent to OLMAGI in this way are irrevocable unless accepted in writing by OLMAGI. Any request to modify the composition or volume of an order placed by a customer will only be considered by OLMAGI if the request is made in writing, including fax or e-mail, and is received by OLMAGI no later than 8 days after OLMAGI receives the initial order. If the customer modifies the order, OLMAGI will be released from the deadlines agreed for its execution.
Quantity tolerance: For any given production run, quantities may vary by +/- 5%, deliverable and billable accordingly.
- Deliveries
Delivery times: Delivery times are given for information purposes only and are subject to the availability of carriers and the order in which orders are received. Subject to this reservation and except in cases of force majeure, OLMAGI will endeavor to meet the delivery deadlines it indicates upon acceptance of the order. This period runs from receipt of artwork proof approved by the customer in the case of customized products. In the event of delays, OLMAGI reserves the right to make partial deliveries with corresponding invoicing. Under no circumstances may the buyer take advantage of partial delivery to defer the corresponding payment.
Risks: The transfer of risks on products sold by OLMAGI takes place when the products are handed over to the carrier.
Transport and acceptance: Goods travel at the buyer’s risk. It is the customer’s responsibility, in the event of damage to or shortage of goods delivered, to make all necessary reservations with the carrier. Any delivery that has not been the subject of reservations by registered letter with acknowledgement of receipt within 3 days of receipt from the carrier, in accordance with article L133-3 of the French Commercial Code, and a copy of which will be sent simultaneously to OLMAGI, will be considered accepted by the customer. Unconditional acceptance of the products ordered by the customer covers any visible defects and/or shortages. Any reservations must be confirmed in accordance with the conditions set out in article
Claims and warranty Without prejudice to the measures to be taken by the customer with regard to the carrier as described in article above in the event of damage or shortages, any other complaint, of whatever nature, concerning the products delivered, will only be accepted by OLMAGI if it is made in writing, by registered letter with acknowledgement of receipt, within 8 days. It is the buyer’s responsibility to provide all proof of defects or other claims.
5.4.2. OLMAGI cannot be held responsible for defects or deterioration caused by improper handling, an external accident (incorrect assembly, defective maintenance, improper storage, unsuitable transport, etc.), or by modification or abnormal use of the product that is neither foreseen nor specified by OLMAGI, nor can OLMAGI be held responsible for any warranty claims.
5.4.3. No goods may be returned by the customer without OLMAGI’s express written consent, obtained in particular by fax or e-mail.
OLMAGI will only be responsible for return shipping costs in the event that an apparent defect or non-conformity is found by OLMAGI or its representative. Only the carrier chosen by OLMAGI is authorized to return the products concerned. Any goods returned without our agreement will be refused, and any costs incurred will be borne by the purchaser.
5.4.4. If, after inspection, OLMAGI or its representative finds an apparent defect, non-conformity or shortage, the customer may only ask OLMAGI to replace the non-conforming items and/or to make up for the shortages at the latter’s expense, without the customer being entitled to claim any compensation or to cancel the order.
5.4.5. Complaints made by the purchaser in accordance with the terms and conditions described in this article do not suspend payment by the customer for the goods concerned. OLMAGI cannot be held responsible for destruction, damage, loss or theft during transport, even if it has chosen the carrier.
5.4.6. OLMAGI’s sole obligation under the warranty shall be the replacement, free of charge, of goods found to be defective by OLMAGI’s services. Defects and deterioration caused by natural wear and tear, vandalism, accident, natural or terrorist disaster, or by any modification of the product not foreseen or specified by OLMAGI are excluded from the warranty. Also excluded from the warranty are all products that are not adapted or do not conform to the intended use for the type of items OLMAGI sells.
- Pricing and payment terms
OLMAGI rates apply to all customers on the same date. Prices are determined by the price list in force on the day the order is placed. All prices are per unit, exclusive of tax, and are quoted from our offices in SAINT DIDIER.
They are calculated net without discount. Customer orders are submitted to our accounting department. In the event of refusal, payment may be requested on order or on delivery. Unless otherwise agreed and subject to acceptance by our accounting department, OLMAGI invoices are payable no later than the thirtieth day following the date of receipt of the products. Unless otherwise agreed, no discount will be granted for early payment. Invoices are payable toOLMAGI by credit card, bank transfer or, where applicable, cheque. For all orders of personalized products, payment is required at the time of order and before the start of execution (unless special conditions have been agreed in advance).
For any invoice that remains partially or completely unpaid on its due date, the unpaid amount will be automatically increased, without prior notice, by late payment penalties at a rate equal to 3 times the legal interest rate in force, plus a fixed indemnity of €40 to compensate for collection costs. In addition, 15% will be added as damages. Late payment interest is payable from the day following the payment date shown on the invoice, if the sums due are paid after this date. Late payment penalties are due following a first written reminder.
In the event of non-payment, even partial, or in the event of a dispute concerning the payment of at least one invoice issued by OLMAGI, under the conditions stipulated in the present terms and conditions of sale, OLMAGI reserves the right, until full payment of the sums due :
– suspend the execution of any subsequent orders
And/or to refuse any subsequent order from the same customer And/or to cancel the sale by operation of law after formal notice has been sent by registered mail with acknowledgement of receipt and has remained unsuccessful for a period of 15 calendar days from receipt.
And/or to make the balance due on other invoices issued for the customer.
And/or to require cash payment for all future orders.
The application of the above measures does not extinguish the customer’s debt to OLMAGI.
- Retention of title
THE TRANSFER OF OWNERSHIP OF PRODUCTS SOLD BY OLMAGI IS SUSPENDED UNTIL FULL PAYMENT OF THE PRICE OF THE PRODUCTS BY THE CUSTOMER, IN PRINCIPAL AND ACCESSORIES, EVEN IN THE CASE OF EXTENDED PAYMENT TERMS. ANY CLAUSE TO THE CONTRARY, IN PARTICULAR IN THE GENERAL TERMS AND CONDITIONS OF PURCHASE, SHALL BE DEEMED UNWRITTEN. ADVANCE PAYMENTS MAY BE RETAINED TO COVER ANY LOSSES ON RESALE. IN THE EVENT OF THE TRANSFORMATION OF PRODUCTS SOLD BY OLMAGI RENDERING THE EXERCISE OF OLMAGI’S RIGHTS MATERIALLY IMPOSSIBLE.
THE CUSTOMER MAY EXERCISE HIS RIGHTS ON PRODUCTS OF THE SAME NATURE AND QUALITY WHICH ARE IN THE CUSTOMER’S HANDS AT THE TIME OF THE CLAIM.
THIS CLAUSE DOES NOT PRECLUDE THE TRANSFER OF RISK TO THE CUSTOMER UPON DELIVERY OF THE PRODUCTS TO THE CUSTOMER.
- Force majeure
Force majeure is defined as events beyond the control of the parties that are external, unforeseeable and irresistible, making it totally or partially impossible for them to perform their respective obligations. In such circumstances, OLMAGI will notify the customer in writing, notably by fax or e-mail, within 5 days of the date of occurrence of the force majeure event.
The contract between OLMAGI and the customer will then be suspended ipso jure without compensation to the customer, from the date of occurrence of the force majeure event. If the force majeure event lasts more than 30 (thirty) working days from the date of its occurrence, OLMAGI reserves the right to terminate the sales contract concluded with the customer without the latter being entitled to claim compensation.
- Law and intellectual property
The entire catalog and website are governed by French and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. Reproduction of all or part of this site on any medium whatsoever is strictly forbidden without our express authorization. To exercise this right, please contact us by email at: info@olmagi.com.
Use of logos attached to trademarks: the trademarks mentioned in the pages of this site are registered trademarks of their respective owners. In accordance with French and international legislation on copyright and intellectual property, any reproduction and/or use without their agreement is strictly forbidden.
- Waiver
OLMAGI’s failure to invoke any of the provisions of the present terms and conditions at a given time does not imply OLMAGI’s waiver of its right to do so at a later date.
- Commercial and artistic property
Any order bearing or including the reproduction of a logo or other element that benefits from intellectual or artistic protection implies that the buyer has the authorization to reproduce it. It is the buyer’s responsibility to provide all guarantees in this respect.
Unless otherwise agreed, OLMAGI reserves the right to include photos featuring printed or sold logos in its catalog, website or sales brochures. Any dispute must be notified to OLMAGI.
- Privacy
Customers are bound by an obligation of confidentiality with respect to third parties concerning all elements, documents and information provided or exchanged within the framework of contractual relations with OLMAGI and concerning technical elements, with the exception of information in the public domain.
- Jurisdiction
In the event of any dispute relating to the acceptance, validity, performance or interpretation of these terms and conditions of sale, the parties agree to seek an amicable solution first. In the absence of an amicable solution accepted by both parties within a reasonable time after the dispute has arisen, the parties grant exclusive jurisdiction to the AVIGNON courts, regardless of the place where the order was placed, the place of delivery or payment, even in the event of a warranty claim, summary proceedings and/or multiple defendants.
- Applicable law
These general terms and conditions of sale, the sales they govern and, more generally, all commercial relations between the parties are governed by French law.