General Terms and Conditions  

GENERALITIES

Our general terms and conditions of sale apply to any product order placed with LES MERVEILLES DU PACIFIQUE in accordance with the provisions below.

Any clause contrary or different from these terms, emanating from our clients and not expressly accepted in writing by LES MERVEILLES DU PACIFIQUE, shall not be enforceable against us.

Any order addressed to the company LES MERVEILLES DU PACIFIQUE implies full and unconditional acceptance by the client of these terms.

PRICES

Our prices are provided for informational purposes only. The final sale price will be determined taking into account the market prices of metals, pearls, and currencies at the time of delivery. Adjustments will be made based on the gold market price on the day of invoicing. Weights are indicated as theoretical weights and may vary up or down based on production. Prices are exclusive of taxes and will be subject to VAT and applicable taxes.

DELIVERY TIME – DELIVERY – TRANSFER OF RISK

Goods are delivered within the timeframes set by common practices, quotes, or order confirmations, upon receipt or confirmation of the order, regardless of its medium. The timeframes are indicative, except when expressly agreed upon for a firm date.

No delay in delivery shall justify the cancellation of the order, give rise to penalties, or result in the cancellation of the order, unless otherwise stipulated and accepted by the company LES MERVEILLES DU PACIFIQUE. Any partially delivered or completed delivery cannot be canceled.

If the collection of goods is the responsibility of the buyer, failure to collect after availability allows LES MERVEILLES DU PACIFIQUE to either return the goods or, at the sole discretion of the seller, declare the sale resolved automatically and without notice after the expiration of the term set for collection.

Our deliveries are made by carrier. The choice of carrier is ours unless specified by the buyer.

The transfer of risks and responsibility for the products sold occurs upon departure from our premises, regardless of the mode of transport and payment conditions.

It is the buyer’s responsibility, at their own expense and for their account, to make any reservations, fulfill formalities, and undertake any procedures with the carrier in case of delay or failure of delivery, damage, shortages, or otherwise. Any delivery received by the client, not reported within 48 hours, signifies unconditional acceptance of the goods and the billing conditions. The lack of conformity of a part of the delivery does not relieve the buyer of the obligation to pay for all goods for which there is no dispute.

WARRANTY AND PROTECTION OF GOODS

Unless otherwise stipulated, orders are executed in accordance with standards, if they exist, and with usual tolerances, in common qualities and without regard to the special use to which the buyer intends to put them.

LES MERVEILLES DU PACIFIQUE guarantees the goods against hidden defects and manufacturing errors for one year from the issuance of our invoice and commits to replacing any defective part.

No warranty is due when the defect or deterioration results from events of force majeure.

Similarly, no warranty is due when the defect or deterioration results from poor maintenance or mistreatment of the goods by the buyer.

Any return for repair must mention the name, invoice number concerned, and reference of the products; otherwise, it will not be taken into account.

PAYMENT TERMS AND CONDITIONS

Unless otherwise stipulated in writing, the buyer must pay the full price as stated on the invoice upon receipt of the goods, within the granted timeframe. At the client’s request, after examination and agreement by the company LES MERVEILLES DU PACIFIQUE, the client will be allowed to make payments in installments, within a revisable limit. Payment by cheque or letter of exchange will only be considered liberating upon successful collection. In case of payment by commercial draft, the draft must be returned to us within fifteen days.

In accordance with Law No. 92.1442 of December 31, 1992, any late payment and/or outstanding payment, even partial, will automatically result in the application of a late penalty at the rate of 1.5% per 30 days, increased by collection fees. These interests will only be due from the sending of a formal notice to pay by registered letter.

DEFAULT OF PAYMENT, PENALTY CLAUSE

Any sum not paid by the date set on the order or invoice will immediately lead to the forfeiture of the term and will render all outstanding debts immediately payable after a notice to pay that remains unfulfilled within 4 days of receipt, with the postal receipt serving as proof. Any default of payment will result in the immediate suspension of any delivery, without any compensation.

Products and materials provided by the client to LES MERVEILLES DU PACIFIQUE, for any reason, will constitute, by express agreement, a pledge to LES MERVEILLES DU PACIFIQUE for the payment of all invoices, even relating to products already delivered. LES MERVEILLES DU PACIFIQUE may retain said products and materials until full payment of all amounts due to it, for any reason, by the client.

Any return of goods for non-payment will be accepted, after our express agreement, subject to a 20% deduction from the billed price. By express agreement, except for timely requested and granted deferral, default of payment for our deliveries by the due date will lead to the enforceability, as damages, of a penalty equal to 15% of the amounts remaining due, with a minimum of 160 euros excluding taxes.

NULLITY OF CLAUSE

If any clause of these general terms were to be deemed null or annulled, it would not affect the application of the other clauses.

ALLOCATION OF JURISDICTION

Any dispute related to the formation and/or execution of a sales contract or payment of the price, as well as to the interpretation, execution, or non-execution of the above-mentioned clauses and conditions, shall be solely under the jurisdiction of the Commercial Court of Paris, regardless of the place of delivery, methods and place of payment, even if made by domiciled draft, and even in the event of third-party claims or multiple defendants. The allocation of jurisdiction, in the aforementioned terms, constitutes an essential clause of this agreement.