Terms of sale
Applicable as of 1 August 2022
Clause 1: Purpose and Scope
These General Terms of Sale (the "GTS") form the basis of commercial negotiations and are systematically provided to each buyer to enable them to place an order.
The General Terms of Sale described herein detail the rights and obligations of LOLAGRE SASU and its client in the context of the sale of the following services:
- consultancy in the design and development of software, websites, mobile applications, and desktop applications
- consultancy and delivery of services in the fields of IT, internet, and cybersecurity
- creation and development of software, websites, mobile applications, and desktop applications
- training in the field of IT
Any acceptance of a quote/purchase order, including the clause "I acknowledge having read and accept the General Terms of Sale attached hereto", implies the buyer's unreserved adherence to these General Terms of Sale.
Clause 2: Prices
Prices are quoted in euros, calculated exclusive of tax, and fixed by free personalised quote. They will therefore be increased by the applicable VAT rate at the time of the order. LOLAGRE SASU reserves the right to modify its rates at any time.
Clause 3: Discounts and Rebates
The proposed rates include any discounts and rebates that LOLAGRE SASU may grant based on its results or on the buyer's assumption of certain services.
Clause 4: Early Payment Discount
No discount will be granted for early payment.
Clause 5: Payment Terms
Orders are settled by bank transfer.
Payments shall be made under the following conditions:
- 30% deposit upon ordering
- balance due within 30 days of the invoice date
Clause 6: Late Payment
In the event of total or partial non-payment for services rendered, the buyer must pay LOLAGRE SASU a late payment penalty equal to three times the statutory interest rate. The statutory interest rate applied is the rate in force on the date of delivery of services. This penalty is calculated on the total (tax-inclusive) amount of the outstanding sum and accrues from the payment due date without any prior formal notice being required. In addition to late payment penalties, any sum, including the deposit, not paid by its due date shall automatically give rise to the payment of a fixed indemnity of €40 for collection costs. Articles L441-10 and D441-5 of the French Commercial Code.
Clause 7: Termination Clause
If, within fifteen days following the application of the "Late Payment" clause, the buyer has not settled the outstanding amounts, the sale shall be automatically terminated and may give rise to the award of damages in favour of LOLAGRE SASU.
Clause 8: Retention of Title
LOLAGRE SASU retains ownership of goods sold until full payment of the price, in principal and ancillary amounts. Accordingly, if the buyer is subject to judicial recovery or liquidation proceedings, LOLAGRE SASU reserves the right to claim, within the collective insolvency proceedings, the goods and services sold and remaining unpaid.
Clause 9: Delivery
Delivery is effected either:
- by direct handover of goods to the buyer, or
- by dematerialised transmission via the internet
The delivery period indicated at the time of order registration is given as an indication only and is not guaranteed. Consequently, any reasonable delay in the delivery of services shall not give the buyer the right to claim damages or to cancel the order.
Clause 10: Force Majeure
LOLAGRE SASU's liability may not be engaged if the non-performance or delay in performance of any of its obligations described in these General Terms of Sale results from a case of force majeure. Force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.
Clause 11: Competent Court
Any dispute relating to the interpretation and performance of these General Terms of Sale is subject to French law. In the absence of an amicable resolution, the dispute shall be brought before the Commercial Court of PONTOISE.
Executed in PONTOISE (95300), on 01/08/2022.