Terms and Conditions of Sale

The general terms and conditions of sale, described below, detail the rights and obligations of ESAT – Ateliers des Eaux Bleues, an establishment of the Foundation Institution for Young Blind and Visually Impaired People of Nancy – Nicolas Gridel and its customer in the context of the sale of the following goods: white canes, derivatives, accessories and spare parts.

Any service performed by ESAT – Ateliers des Eaux Bleues therefore implies the unreserved acceptance by the buyer of these general terms and conditions of sale.

The prices of goods sold are those in effect on the day the order is placed. They are quoted in euros, and increased by VAT. Transport costs applicable on the day of the order will also be added.

ESAT – Ateliers des Eaux Bleues reserves the right to modify its rates at any time. However, ESAT commits to invoice the ordered goods at the prices indicated at the time of order registration.

The proposed rates include discounts and rebates that ESAT – Ateliers des Eaux Bleues may grant based on its results or the buyer’s assumption of certain services.

No discount will be granted for early payment.

Orders are to be paid only by credit card.

When registering the order, the buyer must pay the total amount of the invoice.

In case of total or partial default of payment for delivered goods on the day of receipt, the buyer must pay ESAT – Ateliers des Eaux Bleues a late payment penalty equal to three times the legal interest rate.

The legal interest rate used is that in effect on the day of delivery of the goods.
This penalty is calculated on the VAT-inclusive amount of the sum still due, and starts from the due date of the price without any prior formal notice being necessary.

In addition to late payment penalties, any sum not paid on its due date will automatically result in the payment of a fixed compensation of 40 euros for recovery costs.

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

If within fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the sums still due, the sale will be automatically terminated and may give rise to the allocation of damages to ESAT Ateliers des Eaux Bleues.

ESAT – Ateliers des Eaux Bleues 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 liquidation proceedings, ESAT – Ateliers des Eaux Bleues reserves the right to claim, within the collective procedure, the goods sold and remaining unpaid.

Delivery is made:

• either by direct handover of the goods to the buyer;
• or at the location indicated by the buyer on the order form.

The delivery time indicated during order registration is given for information only and is not guaranteed in any way.

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

• allocation of damages;
• cancellation of the order.

The risk of transport is fully borne by the buyer.

The responsibility of L’ESAT – Ateliers des Eaux Bleues cannot be invoked if the non-execution or delay in the execution 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 is understood to be any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.

Any dispute relating to the interpretation and execution of these general terms and 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 Nancy.