Terms of sales

General Terms and Conditions of Sale

1/ General:

Any order placed with Mark’s Europe concerning the products it sells implies, on the part of the customer, full and unreserved acceptance of the following general terms and conditions of sale. Our general terms and conditions of sale cancel and replace all other clauses and stipulations indicated on commercial documents or correspondence in the event of a dispute. These general terms and conditions of sale shall prevail over all other conditions appearing in any other document unless prior, express and written exemption is given.

2/ Prices:

All our prices are unit prices excluding tax for resellers, ex-works from our storage warehouses in the Paris region. Any tax, duty, duty or other service to be paid in application of French regulations, or those of an importing country or a transit country are the responsibility of the customer. Mark’s Europe reserves the right to modify its prices at any time unilaterally without prior notice. The goods are invoiced at the price agreed when the order is placed, within the option period.

3/ Payment:

On proforma invoice before delivery for a first order or an order outside mainland France. Payments are accepted in mainland France by check, draft, LCR or bank transfer. Outside mainland France by bank transfer only. Cash payment is not accepted. Mark’s Europe may withhold delivery of the goods concerned until the presentation of the payment guarantee. When the Customer is late in paying a due date in full or in part, Mark’s Europe may, for this reason alone and without the need for prior formal notice, immediately suspend deliveries, without the Customer being able to claim damages from Mark’s Europe. In the event of late payment and after sending a registered letter with acknowledgement of receipt, the case is handled directly by an independent litigation firm. The costs of the proceedings will be entirely borne by the customer.

4/ Minimum order and shipping costs:

Minimum first order and shipment of goods FRANCE: €400.00 excluding tax – Minimum restocking: €200.00 excluding tax.

Mark’s Europe is responsible for shipping by the carrier of its choice, shipping costs are calculated according to weight and the price charged is that of our carrier. Free shipping is applied for any order delivered to mainland France (excluding Corsica) for an invoiced amount equal to or greater than €400.00 excluding tax.

5/ Risks and transport:

The goods travel at the recipient’s risk. It is the Customer’s responsibility, in the event of damage to the delivered goods or missing items, to make all necessary reservations with the carrier. Mark’s Europe cannot be held liable under any circumstances for acts during transport of destruction, damage, loss or theft, even if Mark’s Europe has chosen the carrier.

6/ Delivery time:

Mark’s Europe strives to deliver orders within 10 working days subject to availability of products in stock. Delivery times are given for information purposes only. Even in the event of written acceptance of firm deadlines, Mark’s Europe is automatically released from any commitment relating to deadlines in the following cases: technical hazards, failure of Mark’s Europe suppliers, stock shortages, failure of the carrier, force majeure, unforeseeable circumstances, inaccuracy or lack of information to be provided by the Customer, deadline deferred at the request of the Customer, absence of payment or incomplete payment, delays related to customs formalities.

7/ Receipt:

Upon receipt of the goods, the Customer must immediately check their condition and conformity. Without prejudice to the provisions to be taken with respect to the carrier, in the event of apparent defects or missing products, any claim, whatever its nature, relating to the products delivered, will only be accepted by Mark’s Europe if it is made in writing within 3 working days following delivery of the products. It is up to the Customer to provide all justifications as to the reality of the defects or missing items noted. Mark’s Europe reserves the right for any validated claim to send a credit note or to replace the products concerned depending on the availability of stock, without the Customer being able to claim any compensation or cancellation of the order. The unconditional receipt of the products ordered covers any apparent or missing defect. The claim made by the Customer under the conditions and according to the terms described in this article does not suspend the payment by the Customer of the goods concerned.

8/ Retention of title:

The transfer of ownership of the goods delivered to the Customer does not occur a only after full payment of the price in principal and accessories or the collection of accepted drafts or other securities issued for the purpose of payment of the price, even in the event of granting of payment terms. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten.

The Customer undertakes, in the event of a judicial recovery procedure affecting its business, to actively participate in the establishment of an inventory of the goods in its stocks and of which Mark’s Europe claims ownership. Failing this, Mark’s Europe has the right to have the inventory noted by a bailiff at the Customer’s expense.

Mark’s Europe may prohibit the Customer from reselling, transforming or incorporating the goods in the event of late payment.

9/ Liability:

Subject to mandatory legal provisions, the total and cumulative liability of Mark’s Europe, whatever the cause, is limited to the amount paid by the Customer to Mark’s Europe for the order concerned. In no case will indirect and/or immaterial or moral damages, namely in particular financial or commercial damages such as loss of profit, loss of order, loss of business, loss of data, loss of earnings, damage to image, interruption of service, as well as damages of the same nature resulting from a claim brought against Mark’s Europe by the Customer due to damages suffered by a third party, be entitled to compensation from Mark’s Europe.

In any event, Mark’s Europe is released from all liability and cannot be held liable for compensation in cases of force majeure.