General Terms of Sale PDF Print

 

  • General 
    The placing of an order by customer implies its complete adhesion whithout reserve to these General Terms of Sale, to the exclusion of any other documents such as leaflets, catalogues which only have an indicative value. 
    No specific term shall prevail on these General Terms of Sale except in case of formal and written acceptance by M.G.D.
    The fact that M.G.D may not at a given time make application of one  of these General Terms of Sale shall not be deemed to be a waiver by M.G.D.'s to prevail itself later of one of the aforesaid General Terms of Sale.
  • Orders 
    Orders are final only when they are placed in writting, therefore orders placed verbally and (or) by telephone will be taken into account only after confirmation of the purchaser by letter or by fax. 
    If the order was not preceded by an M.G.D.'s offer, the contract will only be considered perfect once the order has been accepted in writting on behalf of M.G.D.
    M.G.D is only bound by the orders  taken by its representatives or employees when there is a written and signed confirmation. 
    The benefit of the order is personnal to the purchaser and cannot be yielded without the agreement of M.G.D.
  • Modifications of orders
    The purchaser can only cancel an accepted order with the written consent of M.G.D., otherwise he is liable for damages plus interest.
    Any modification of order accepted by M.G.D. means that a new delivery period begins to run, calculated as it is said hereafter.
  • Sendings - Delivery times  
    The delivery times run starting from the acknowledgement of receipt of order. They are specified as precisely as possible but depends on M.G.D. supplying and shipping abilities or on  modifications concerning the applicable regulation.
    Consequently, any exceeding delivery times shall not entitle customer to claim damages of any type, nor to hold or cancel the pending orders. However, if three (3) months after the indicative date of delivery, the order has not been delivered, and except the case of Force Majeure, either party shall have the right to cancel the sale transaction ; Customer shall be entitled to obtain restitution  of its installment, to the exclusion of any claim for damages whatsoever. 
    Are considered like fortuitous or cases of Force Majeure discharging M.G.D. of its obligation to deliver : war, riots, flood, fire, strikes,  accidents, impossibility of being supplied.
    M.G.D will inform the customer, in convenient time of the cases enumerated above.
    In any assumption, delivery whithin the deadlines can only be possible if the customer is up to date of its obligations towards M.G.D whatever the cause is.
  •  Delivery times - Terms
    The delivery is to be made at the adress indicated on the purchase order ; Exceeding delivery times cannot be sanctioned by damages.
  • Deliveries - Transport
    Customer shall bear the risk of loss or damages of the products ; so in the event of damages, of loss or of lacks, customer shall have to make all the necessary reserves and to carry out all the recovering actions towards the corresponding carrier, even if forwarding was made free.
  • Receipt
    Without prejudice to the recovering actions to be taken by customer towards the corresponding carrier, customer shall have to evidence any claim related to the quantity or the quality of the products if non compliant with the order or the shipping slip, in writing within eight (8) days as from the delivery of the products.
  • Return
    No return of products shall be deemed accepted without the prior written consent of M.G.D. Any product returned without the agreement between M.G.D. and the customer would still be the customer's property and would not give credit. 
    The costs and risks of the return are always the customer's responsability and no return will be accepted after one month as from the delivery date.
     
  • Invoicing  
    With each delivery will correspond an invoice. The date of the invoice corresponds to the starting point of the due date, if paid to term. 
    The invoices with an amount under 200 € (two hundred euros) are payable cash by cheque as from the receipt of the invoice, without any discount except if notified in writing. The invoices with an  upper or equal amount to 200 € (two hundred euros) are payable within 30 (thirty) days at the end of the month, as from the date of invoice without any discount except if notified in writing. The bill which woul be presented for acceptance will have to be returned accepted within 15 (fifteen) days, as from the date of the effect ; if not the totallity of the debt will be due immediately.
    The invoices with an amount under 120 € (one hundred and twenty euros) before V.A.T are surcharged of 15 € (fifteen euros) for fee. 
    Our products are sent free of charge when the invoice is at least of 120 € (one hundred and twenty euros) before V.A.T.
    Exportations are not concerned by the general terms of sales of this paragraph.
  • Payment
    Delay of payment of an invoice authorizes M.G.D. to reserve the right, in addition to all other remedies available, to suspend deliveries until complete payments by customer. Any amount not paid by the set deadline, will automatically and without prior notice, invoice interests of delay. These interests will run from the day of the expiry up to the payment.
    Any deterioration of the customer's credit may justify the requirement of guarantees or cash payment or by sight draft before the processing of the received orders.
  • Risks transfer
    Risk transfer on products takes place from the product's departure of the M.G.D.'s warehouses (EXW).

  • Retention of title
    The purchased items belong to M.G.D. until complete payment by customer of the total cost of the order.

  • Guarantees
    Our products are guaranteed against any defect of matter or manufacturing during the validity period of the product, indicated on the packaging, subject that the purchaser has respected the using and storage instructions given by M.G.D.

  • Clause conferring jurisdiction
    Any disputes will fall within the competence of the Commercial Court of our registered office, even in case of summary procedure, whatever the sale conditions and the accepted payment are, even in case of introduction of third parties, and this, even in case of  warranty calls, incidental application or plurality of defendants.
    These General Terms of Sale are exclusively governed by French Law.

  • Data processing and freedoms
    According to the law enforcement of january 6, 1978 regarding data processing and freedoms, all MGD's customer has a right of access and correction to the data registered by MGD.

 

Contact us

For any kind of information, contact us at  :

+33(0)2 97 85 10 15

Passion for nature

For almost 20 years, MGD has been working on conception, manufacturing and development of nutritional food combining ancient plant properties with  recent scientific research.

MGD guarantees the quality of its food supplements which are made, manufactured and commercialized in specialized shops.

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