Clause No. 1: Purpose

The general terms and conditions of sale described below detail the rights and obligations of Floralys Meubles and its customer in the context of the sale of the following goods: Sofas, furniture, and cushions.

Any service performed by Floralys Meubles therefore implies the buyer’s unreserved acceptance of these general terms and conditions of sale.

Clause No. 2: Price

The prices of goods sold are those in effect on the day the order is placed. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the applicable VAT rate and shipping costs on the day of the order.

The company reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time the order is registered.

Clause No. 3: Discounts and Rebates

The prices offered include discounts and rebates that the company may grant in view of its results or the buyer’s assumption of certain services.

Clause No. 4: Early Payment Discount

No discount will be granted in case of early payment.

Clause No. 5: Payment Terms

Payment for orders is made:

• By check;
• By credit card;
• By bank transfer

Upon order registration, the buyer must pay a deposit of 50% of the total invoice amount, with the balance to be paid seven days before delivery of the goods.

Clause No. 6: Late Payment

In case of total or partial default of payment for goods delivered on the day of receipt, the buyer must pay Floralys Meubles a late payment penalty equal to three times the legal interest rate.

The legal interest rate applied is that in effect on the day of delivery of the goods.

This penalty is calculated on the amount including all taxes of the sum remaining due, and runs from the price due date without any prior formal notice being necessary.

In addition to late payment penalties, any sum, including the deposit, not paid on its due date will automatically result in payment of a flat-rate compensation of 40 euros for collection costs.

Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.

Clause No. 7: Termination Clause

If within fifteen days following implementation of the “Late Payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the allocation of damages in favor of Floralys Meubles.

Clause No. 8: Retention of Title Clause

Floralys Meubles retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to reorganization or judicial liquidation proceedings, Floralys Meubles reserves the right to claim, within the framework of the collective proceedings, the goods sold and remaining unpaid.

Clause No. 9: Delivery

Delivery is made:

• Either by direct handover of the goods to the buyer;
• Either by sending a notice of availability in store to the buyer;
• Or at the location indicated by the buyer on the order form.

The delivery time indicated when the order is registered is given for information purposes only and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of products cannot give rise on behalf of the buyer to:

• The allocation of damages;
• Cancellation of the order.

Transportation risk is borne entirely by the buyer.

In case of missing or damaged goods during transport, the buyer must formulate all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days following delivery, by registered mail with acknowledgment of receipt.

Clause No. 10: Force Majeure

Floralys Meubles’ liability cannot be invoked if the non-performance or delay in performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.

Clause No. 11: 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 brought before the Commercial Court of Strasbourg.