Customers’ general conditions of purchase cannot prevail over FINGER IN THE NOSE’s general conditions of sale, unless parties have come to a signed agreement.
FINGER IN THE NOSE clothes are intended for children and for their everyday practical use. The products have specific characteristics required by children.
Retailers of FINGER IN THE NOSE products should have professionally skilled staff and high quality installations, justifying a real ability to give advices and explanations on the different characteristics and qualities of FINGER IN THE NOSE products.
Orders placed with or taken by FINGER IN THE NOSE representatives and orders made directly to our sales department are always subject to FINGER IN THE NOSE’s acceptance.
Any orders placed by a new customer can only be taken into consideration if FINGER IN THE NOSE has the name, company name, bank details, registration summary (extrait K or Kbis) established within the 3 last months and VAT number.
Each telephone order must be followed by a letter giving details of the order placed.
A flat charge of €10 excluding VAT will be charged for all orders of under €300 excluding VAT to cover fixed processing costs.
FINGER IN THE NOSE is not responsible for meeting orders which exceed its supplies or in the case of production vagaries. Customers cannot cancel orders during the six weeks period preceding the start of the month of delivery.
Unless otherwise indicated, prices stated in our offers, prices and confirmations may be reviewed. Our deliveries are invoiced according to the current prices on the date of shipment. These prices are known by customers at the time of ordering.
Orders exceeding €2,000 excluding VAT are delivered carriage paid in Metropolitan France.
In other cases, the carriage is invoiced at the same time as the goods.
Any additional carriage charges (express, special carriers, etc) are payable by our customers.
Buyers are responsible for expressing legal reservations to the carrier in the event of loss or damage, within 72 hours of delivery, as provided for in article 105 of the Commercial Code.
4.TERMS OF DELIVERY
The terms of delivery are indicative.
No delay in deliveries justifies a customer claiming damages from FINGER IN THE NOSE or cancelling an order from them.
5.RETURN OF GOODS
5.1 For all returns, non-compliant goods or those with a visible defect, customers must make a prior written request to Customer Services at FINGER IN THE NOSE within thirthy days of delivery. This is the only department authorized to give its consent.
When it receives the goods, FINGER IN THE NOSE will establish a credit note worth the net price of the article for the current season.
At the customer ‘s request and within the limits of available stock, another delivery may be made.
5.2 Goods which are no longer in the current catalogue when the request to return goods is made cannot be returned by customers.
5.3 Once Customer Services at FINGER IN THE NOSE have agreed to the return, a number of return will be sent to the customer by FINGER IN THE NOSE. It is imperative to clearly indicate this number on the returned boxes.
Any boxes without this number of return will be refused.
5.4 Only FINGER IN THE NOSE goods which are in perfect condition and whose original packaging is completely undamaged can be returned.
5.5 Returns will only be accepted if the carriage has been paid. If Customer Services at FINGER IN THE NOSE accepts the return, a credit note will be established based on the net price of the article for the current season. FINGER IN THE NOSE reserves the right to deduct up to 20% of the price of the products concerned, tax excluded, to recondition or repackage these products.
6.1. It is formally stipulated that the recipient of the goods is obliged to pay FINGER IN THE NOSE and is the only party obliged to pay it.
Customers attached to a central purchasing agency who have signed a del credere contract with FINGER IN THE NOSE and expressly acknowledged that their central purchasing agency is only acting as an agent, are therefore the only debtors of FINGER IN THE NOSE.
6.2.Invoices can be paid by bill of exchange or cheque. Bills of exchange must be accepted by the customer and returned within 48 hours.
For all newly opened and accepted accounts, payments during the first six months shall be made within 30 days end of the month by accepted bill of exchange. After this six month period, the deadline can be extended to 60 days end of the month by accepted bill of exchange or cheque.
6.3. Payment deadlines run from the date the products are shipped. This date corresponds to the date indicated on the invoice. Any invoicing disputes declared more than 30 days after the sending of the invoice cannot be taken into consideration by FINGER IN THE NOSE.
- PAYMENT DEFAULTS
7.1.In the event of delay in payment, payment default or any other payment incident for one of the invoices, whatever the reason, FINGER IN THE NOSE reserves the right to suspend all deliveries until the amount due is paid or to demand advance payment for current and future orders of goods. In this case, the customer shall be deprived of the terms of payment relating to other deliveries.
7.2. In the event of payment default or delay in payment, the penalties for delays shall be calculated according to the legal interest rates in force increased by six (6) points based on the value, inclusive of VAT, of the goods.
7.3. If the customer fails to comply with any of the stipulations in these conditions, and has repeated delays in payments or payment defaults, FINGER IN THE NOSE reserves the right to end all commercial relations with the customer. The amounts due to FINGER IN THE NOSE by the aforementioned customer immediately become due and the latter reserves the right to apply a fixed penalty of 10% of the amount, including VAT, of the order(s) concerned by the non-compliance of conditions.
8.PROPERTY, INTELLECTUAL AND INDUSTRIAL RIGHTS.
Customers undertake not to market products that counterfeit the products or visual identity of FINGER IN THE NOSE and that could thus undermine the brand image of FINGER IN THE NOSE.
Moreover, the act of setting up corners or other forms of point-of-purchase advertising featuring the FINGER IN THE NOSE brand or any other intellectual or industrial rights belonging to FINGER IN THE NOSE will in no way lead to the granting of brand rights or aforementioned rights.
9.1. All goods delivered by FINGER IN THE NOSE remain its property until the invoices are fully encashed.
9.2.If customers collect the goods by their own means, they are required to insure the goods against all risks of loss, theft and destruction from the time the goods leave the FINGER IN THE NOSE warehouses.
9.3. Customers undertake to comply with legally binding accounting obligations in the event of settlement in court and to manage their inventory according to the principle of first in – first out. It is presumed that the goods delivered first will be the goods sold first.
In the event of a customer sustaining a robbery or disaster leading to total or partial destruction of his/her shop, payment for delivered goods shall automatically be subrogated from the insurance benefits, within the limits of the amount remaining due to FINGER IN THE NOSE. If a robbery or disaster occurs, the customer must inform FINGER IN THE NOSE of it immediately.
- COMPETENT JURISDICTION
11.1. The interpretation and execution of the present general conditions of sale as well as all acts resulting from them are subject to French law.
11.2 All disputes relative to these general conditions of sale come within the exclusive competence of the Paris Commercial Court.
In accordance with the law relating to data processing and liberties of 6 January 1978, you have a right of access to information concerning you.
FINGER IN THE NOSE is a BRAND of SPEAKING IMAGE SARL,
11 rue de Sévigné, 75004 Paris .
Tel: 01 42 72 04 64
Fax: 01 42 72 07 08
RCS:Paris B420 936 114
INTERCOMMUNITY VAT: FR 804 209 36 114