Clause n° 1 : Purpose
The general terms and conditions of sale described below detail the rights and obligations of HERMES PRESTIGE VTC and its client in the context of the sale of the following services:
– Transport of persons, whether in the private domain or for companies
– Transport of non-food parcels
Any service provided by HERMES PRESTIGE VTC therefore implies the buyer’s unreserved acceptance of these general terms and conditions of sale.
Clause n° 2 : Prices
The prices of the services sold are those in force on the day the order is placed. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the rate of VAT and transport costs applicable on the date of the order.
HERMES PRESTIGE VTC reserves the right to modify its prices at any time. However, it undertakes to invoice the services ordered at the prices indicated at the time the order is registered.
Clause n° 3 : Discounts and rebates
The prices quoted include any discounts and rebates that HERMES PRESTIGE VTC may be required to grant in view of its results or the fact that the purchaser has assumed responsibility for certain services.
Clause n° 4: Discount
No discount will be granted for early payment.
Clause n° 5: Terms of payment
Payment for orders shall be made :
– either by credit card ;
– or by cash;
At the time of registration of the order, the buyer must pay the full amount of the invoice.
Clause n°6: Delay and rejection of payment
In the event of total or partial non-payment of the service(s), the buyer must pay HERMES PRESTIGE VTC a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the date of delivery of the service.
As of 1 January 2015, the legal interest rate will be revised every 6 months (Order n°2014-947 of 20 August 2014).
This penalty is calculated on the amount including VAT of the sum still due, and runs from the due date of the price without any prior formal notice being required.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause n° 7: Resolutive clause
If within fifteen days of the implementation of the “Late payment” clause, the buyer has not paid the remaining sums due, the sale will be cancelled by operation of law and may give rise to the right to claim damages from HERMES PRESTIGE VTC.
Clause n° 8 : Retention of title clause
HERMES PRESTIGE VTC retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the buyer is subject to a receivership or liquidation, HERMES PRESTIGE VTC reserves the right to claim, within the framework of the receivership procedure, the goods sold and remaining unpaid.
Clause n° 9 : Delivery
Delivery shall be made :
– either by direct handover of the goods to the buyer ;
– or by the arrival of the customer at the destination specified in the order;
– or at the place indicated by the buyer on the order form.
– The delivery time indicated at the time of registration of the order is given as an indication only and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products shall not give rise to the allocation of damages to the buyer:
– the allocation of damages and interest;
– the cancellation of the order.
The transport risk is borne in full by the buyer.
In the event of missing or damaged goods during transport, the purchaser must formulate all necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter.
Clause n°10: Force majeure
HERMES PRESTIGE VTC may not be held liable if the non-execution or delay in the execution of one of its obligations described in the present general terms of sale is due to a case of force majeure.
In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n°11: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Melun.
Done at LESIGNY on 01/03/2022