These General Sales Conditions (GSC) are concluded between the following parties: SEMPER INVICTA, SAS with a share capital of €10,000, registered in the CHERBOURG Trade and Companies Register under number 892 514 647, registered in the RNE on 05/01/2021, whose registered office is located at 22 quai Alexandre III, 50100 CHERBOURG-EN-COTENTIN and any non-trading individual wishing to place an order, also referred to as "the Buyer" or "the Customer".
SEMPER INVICTA reserves the right to modify the General Terms and Conditions of Sale at any time, however, modifications will not apply to transactions in progress at the time of their entry into force.
For any questions or complaints relating to the products, the order, the right of withdrawal, the application of the product guarantee or the site, the customer may contact SEMPER INVICTA at the following address:
By mail: SEMPER INVICTA - 22 quai Alexandre III - 50100 Cherbourg-en-Cotentin - France
By telephone: +33 7 85 30 32 61
By e-mail: sales@semper-invicta.fr
SEMPER INVICTA is a company specializing in the purchase, sale, import and export of all textile products and accessories.
The present terms and conditions express the obligations of the parties. By validating the order, the customer acknowledges having read and accepted the general terms and conditions of sale.
This document takes precedence over any other document, in particular over any general conditions of purchase. It applies without restriction or reservation to all products and services sold by SEMPER INVICTA to the particular Buyer.
The present terms and conditions of sale are available on the SEMPER INVICTA website via the link www.semper-invicta.fr/cgv/.
The Buyer must make his request by e-mail, specifying his surname, first name, a billing address, an e-mail address and a telephone number at which he can be contacted.
The Buyer can also place an order directly on the SEMPER INVICTA website.
The Buyer must accept the quotation sent by SEMPER INVICTA. The order will be validated upon receipt of full payment including all taxes, except under exceptional conditions for which SEMPER INVICTA is the sole determinant.
Any order implies acceptance of the prices and descriptions of the products.
The prices communicated by SEMPER INVICTA are exclusive of tax unless otherwise stated and in euros. In the event of non-payment, non-compliance with the present conditions, litigation or any other problem concerning the purchaser, SEMPER INVICTA reserves the right to suspend the order for an indefinite period or even to cancel it.
Payments are made by credit card or bank transfer to the SEMPER INVICTA account, the details of which will be given in the quotation. Late payment will be penalized. The due date for receipt of payment is indicated on the quotation and corresponds to 30 days after the quotation is sent.
SEMPER INVICTA reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability of products at that date.
The purchaser may benefit from special discounts where applicable, in accordance with the conditions established when the quotation is drawn up.
The products governed by these general terms and conditions of sale are those which appear on the website www.semper-invicta.fr as well as all products sold by SEMPER INVICTA, even if they are not mentioned on the site.
The products sold by SEMPER INVICTA are new. They are offered for sale while stocks last. If the product is unavailable, our services will inform the customer and indicate the expected production time.
The products are described and represented as accurately as possible. Unfortunately, omissions or errors may occur. SEMPER INVICTA shall not be held liable in such cases, unless the use and purpose of the product are affected.
Photographs are non-contractual.
Our products can be customized on request, subject to a minimum order quantity, which Semper Invicta's teams are the sole judges of. In accordance with article L. 221-28 of the French Consumer Code, these personalized products may not be retracted by the customer.
SEMPER INVICTA guarantees the purchaser against any lack of conformity and any hidden defect resulting from a design defect in the product.
According to Article L. 217-3 of the French Consumer Code, SEMPER INVICTA is responsible for defects in conformity existing at the time of delivery of the goods, which appear within two (2) years of delivery.
In this case, the Buyer must make the goods available to SEMPER INVICTA to choose between repairing or replacing them.
SEMPER INVICTA guarantees the Customer against hidden defects in the goods which render them unfit for use or which greatly diminish their use.
If the Buyer reports this defect within two (2) years of the discovery of the defect, he/she may choose between reimbursement of the product in exchange for its return to SEMPER INVICTA, or part of the reimbursement of the good if he/she wishes to keep the good (Article 1644 of the French Civil Code).
SEMPER INVICTA accepts no responsibility for any damage caused to the end user of the Product. The Customer is solely responsible for the use made of the Product, the risks associated with the use of the Product are and remain, in any event, the responsibility of the Customer.
SEMPER INVICTA sells and exports its products worldwide. Depending on the place of arrival, delivery times may vary beyond our control.
Product delivery times are provided for information only, unless SEMPER INVICTA has made an express written commitment to specific dates and times.
In the event of a foreseeable delay in delivery, SEMPER INVICTA will inform the customer as soon as possible by telephone or e-mail. On the other hand, SEMPER INVICTA cannot be held responsible for any delay or lack of reception due to force majeure or a fault of the customer such as the absence of the latter at the time of delivery to the address indicated in the order.
In the event of failure to deliver within the expressly agreed timeframe, or, failing this, no later than thirty (30) days after the conclusion of the contract, the customer may give SEMPER INVICTA formal notice, by registered letter with acknowledgement of receipt, to proceed with delivery within a reasonable additional timeframe. Should SEMPER INVICTA fail to deliver within this new period, the customer may cancel the contract by registered letter with acknowledgement of receipt. The contract will be considered terminated upon receipt by SEMPER INVICTA of this letter, unless SEMPER INVICTA has performed in the meantime.
However, the customer may cancel the contract immediately:
Any parcel returned to SEMPER INVICTA because of an incorrect or incomplete delivery address must be sent back at the buyer's expense as soon as possible.
In accordance with the legal provisions in force, the individual Buyer has a period of fourteen (14) days from the date of receipt of the goods to exercise his right of withdrawal. This right does not apply to personalized goods, i.e. goods made to the Buyer's specifications, nor to goods unsealed by the Customer after delivery for reasons of hygiene.
In the event of retraction, the Buyer will be responsible for the cost of returning the goods, and will be fully reimbursed for the price of the goods and any outward delivery costs incurred. The Buyer must accompany the returned goods with a declaration of withdrawal.
All circumstances beyond the control of the parties, which prevent the performance of their obligations under normal conditions, shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence and disappearance.
Cases of force majeure correspond to facts and circumstances that are irresistible, external to the parties, unforeseeable, unavoidable and beyond their control. The parties will work together to determine the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than 3 months, the present terms and conditions may be terminated by the injured party.
These terms and conditions of sale are governed by French law. The parties undertake to find an amicable solution to any dispute arising from the interpretation of this contract. Should they fail to do so, they will submit the dispute to the Paris Commercial Court.
Last update: March 28, 2024