General Terms and Conditions of Sale
1 - Enforceability
The terms and conditions contained herein are systematically sent or given to each purchaser in order to enable him/her to place orders with the company Original Cup. They shall prevail over the terms and conditions of purchase, and any contradictory terms and conditions shall, unless expressly accepted, be unenforceable against the vendor. Failure by Original Cup to invoke any one of the general terms and conditions set out herein shall not be construed as constituting a waiver of its right to invoke any of said terms and conditions at a later date.
2 – Orders
In order to be valid, an order must specify the quantity and the nature of the goods sold, as well as the agreed price, the payment terms, the order date and the place of delivery. By placing an order, the purchaser accepts Original Cup's terms and conditions of sale, acknowledges that he/she has read and understood said terms and conditions of sale, and waives the right to invoke his/her own terms and conditions of purchase. Any requests from the purchaser to modify or cancel an order shall only be considered if received in writing before the products in question are dispatched.
3 – Product
Original Cup undertakes to deliver the products as described in its communications materials and on its website.
4 – Prices
Products/services shall be supplied at the prices applicable when the order was placed, expressed in euros and including VAT at the rate applicable on the order date; any change in the rate may be reflected in the prices of products or services. The prices stated in the order shall be valid for a maximum of three months. Unless otherwise agreed with Original Cup, delivery costs shall be borne by the purchaser.
5 – Delivery / performance of the service
Delivery shall be made as described in the contract of sale. For orders placed with an Original Cup salesperson, delivery shall be made in accordance with the delivery method agreed by both parties. For orders placed online, delivery shall be made in accordance with the options selected by the customer on the website.
4.2 Delivery period
Deliveries are subject to availability and are processed in the order in which orders are received. Original Cup may make full or partial deliveries. The delivery periods are indicated as precisely as possible but are dependent on the stock and transport solutions available to the vendor. Nevertheless, if the product has still not been delivered one month after the indicative delivery date, for any reason other than an event of force majeure, the sale may then be cancelled at the request of either party, and the purchaser may obtain a refund of his/her down payment, to the exclusion of any other indemnity or damages. The events of force majeure which exempt the vendor from its obligation to deliver are: war, riot, fire, strikes, accidents, and the impossibility of the vendor receiving the necessary supplies. In any event, delivery can only be made within the stated period if the purchaser is up-to-date with his/her obligations to Original Cup, whatever the cause.
4.3 Risks (sale of goods)
Products shall be delivered carriage-paid or cash-on-delivery to the agreed place; in all cases, they shall be transported at the risk of the recipient, who shall, in the event of damage or short-shipment, be responsible for making any necessary observations and confirming his/her concerns in an extra-judicial document or a registered letter with acknowledgement of receipt, sent to the carrier within three days of receiving the goods.
6 – Receipt
Without prejudice to the measures to be taken in respect of the carrier, complaints about obvious defects, or about discrepancies between the product delivered and the product ordered or indicated on the dispatch note, must be made in writing within eight days of the products' arrival. The purchaser must provide any relevant proof of the observed defects or anomalies. He/she must give the vendor every opportunity to observe said defects so as to rectify them. He/she must not attempt to rectify the defects him/herself or engage a third party to do so. For goods sold in packaging, the weights and measurements upon departure shall be valid for ascertaining the quantities delivered.
7 – Returns
All product returns must be the subject of a formal agreement between the vendor and the purchaser. Any product returned without such agreement shall be set aside for the purchaser and shall not give rise to any reimbursement or credit. The costs and risks of returning products shall always be borne by the purchaser. No returns shall be accepted more than one week after the delivery date. The returned goods must be accompanied by a return slip affixed to the package, and must be in the condition in which the supplier delivered them.
Should a return be accepted by Original Cup, a credit note shall be issued to the purchaser following qualitative and quantitative checking of the returned products; returns that do not abide by the above procedure shall lead to the purchaser forfeiting any down payment he/she has paid.
8 – Billing
An invoice is drawn up for each delivery and sent by email or post.
9 – Payment
The payment procedure shall be set out in each contract of sale. For orders placed with an Original Cup salesperson, the payment procedure shall be agreed between the two parties. For orders placed online, payment shall be made in cash via an online payment platform.
9.2 Late payment or default
In the event of late payment, the vendor may suspend all orders in progress, without prejudice to any other course of action. Any amount not paid by the date stated on the invoice shall automatically lead to the imposition of penalties equal to three times the legal interest rate, from the day after the payment date stated on the invoice. These penalties shall be payable when the vendor so requests. In the event of default on payment, the sale shall automatically be cancelled if the vendor sees fit, and the vendor may demand that the products be returned, without prejudice to any other damages it may wish to claim. Said cancellation shall apply not only to the order in question, but to all other prior unpaid orders, regardless of whether or not they have already been delivered or are in the process of being delivered and whether their payment date has passed.
9.3 Demand for payment guarantees
Should the purchaser's creditworthiness be impaired in any way, the vendor may demand guarantees before carrying out the orders received. This provision shall apply, in particular, when a change, transfer, lease, charge or mortgage has an unfavourable impact on the credit of the purchaser.
10 - Risks
The purchaser shall bear all risks, even when the sale is agreed on a carriage-free basis, from the moment the products are dispatched from the vendor's warehouses. In particular, this means that goods are transported at the risk of the purchaser, who shall, in the event of damage, loss or short-shipment, be responsible for making any concerns known to the carriers responsible and for seeking any redress from said carriers.
11 - Jurisdiction – Disputes
In the event of a dispute on the interpretation or execution of their agreements, the parties shall, before embarking upon any litigation, attempt to reach an amiable agreement and shall communicate all the necessary information to each other to this end. This clause applies even in the event of summary proceedings, incidental claims, multiple defendants or the introduction of third parties, irrespective of the mode of payment and the payment terms, and any clauses purporting to assign jurisdiction in documents issued by the purchaser shall not stand in the way of the application of this clause. In the event of litigation, the dispute shall be brought before the competent court in Paris.
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