Aodyo Instruments terms of sales
Clause # 1: Objet
These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between AODYO - SAS au capital de 96 949 € - 809 285 968 RCS Lille Métropole, 11B avenue de l’Harmonie, 59650 Villeneuve D’Ascq, here after named «AODYO » and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession. A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession.
Clause # 2: Price
The prices of the goods sold are those in force on the day the order is placed. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. AODYO grants itself the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is placed. However, an annual price list is applicable and revised each calendar year.
Clause # 3: Discounts and rebates
The proposed rates include the discounts and rebates that AODYO would have to grant in view of its results or the buyer's assumption of certain services.
Clause # 4: Discount
No discount will be granted in the event of early payment.
Clause # 5: Payment terms
1. Unless otherwise agreed in writing, invoices from Aodyo must be paid in full without delay. Payment is to be made in cash on delivery. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued, and the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted.
2. Aodyo reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.
3. If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If Aodyo is able to prove that greater damages were suffered as a result of the default, Aodyo Thomann shall be entitled to assert the corresponding claims on these grounds.
Clause # 6: Late payment
In the event of non-payment in whole or in part of the goods delivered on the day of receipt, the buyer must pay AODYO a late payment penalty equal to three times the legal interest rate. The legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014). This penalty is calculated on the amount including VAT of the amount still due and runs from the due date of the price without any prior formal notice being necessary. In addition to the late payment compensation, any sum, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed compensation of 40 euros due for recovery costs. (Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code).
Clause # 7: Cancellation clause
If, within fifteen days following the implementation of the “Late Payment"; clause, the buyer has not paid the outstanding amounts, the sale shall be automatically cancelled and may give rise to the right to compensation for damages in favor of AODYO.
Clause # 8: Title retention clause
AODYO retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to receivership or liquidation, AODYO reserves the right to claim, in the context of the collective proceedings, the goods sold and unpaid.
Clause # 9: Delivery
1. If the customer is a business, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
2. All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.
3. The international shipping charges are available under shipping. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
4. The goods must be thoroughly inspected by the customer or an authorized individual upon receipt in order to detect any transportation damage if the customer is a merchant. Customers who are merchants within the meaning of the German Commercial Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
Clause # 10: Force majeure
The liability of the company AODYO cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure refers to any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause # 11: Place of fulfilment and place of jurisdiction
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
If no amicable resolution is reached, the dispute will be brought before the Commercial Court of Lille.