General conditions of sale

Preamble

These General Conditions of Sale (CGV) are concluded between the following parties: SEMPER INVICTA, SAS with share capital of €10,000 registered with the CHERBOURG RCS under number 892 514 647, registered with the RNE on 01/05/2021, of which the head office is located at 22 quai Alexandre III, 50100 CHERBOURG-EN-COTENTIN in France and any non-commercial individual wishing to place an order, also referred to “the Customer”.

SEMPER INVICTA reserves the right to modify the General Conditions of Sale at any time, however, the modifications will not apply to transactions in progress at the time of their entry into force.

For any questions or complaints relating in particular to the Products, the order, the right of withdrawal, the application of the Product warranty or the site, the Customer can contact SEMPER INVICTA at the following contact details:

By mail : SEMPER INVICTA – 22 quai Alexandre III – 50100 Cherbourg-en-Cotentin – France

By telephone : +33 7 85 30 32 61

By email : sales@semper-invicta.fr

SEMPER INVICTA is a company specializing in the purchase, sale, import and export of all textile products and accessories.

I. Principles

These general conditions express the entirety of the obligations of the parties. By validating the order, the Customer acknowledges having read and accepted the general conditions of sale. 

This document takes precedence over any other document, in particular over any general conditions of purchase. It applies without restriction or reservation to all Products and services sold by SEMPER INVICTA to the Individual Customer.

These general conditions of sale are available on the SEMPER INVICTA website via the link www.semper-invicta.fr/cgv/.

II. Order

The Customer must place his order directly on the SEMPER INVICTA store website.

In the event of a specific request regarding quantity, personalization or anything else, the Customer must make their request by email, specifying their last name, first name, a billing address, an email address and a telephone number to contact them.

In this case, the Customer must accept the quote sent by SEMPER INVICTA. The order will be validated upon receipt of full payment, all taxes included, except under exceptional conditions of which SEMPER INVICTA is the sole determinant.

Any order constitutes acceptance of the prices and descriptions of the Products.

III. Payment

The prices of the Products are indicated on the pages of the store site including a short description of the Product. Prices are displayed all taxes included and in euros. The amount of taxes and shipping costs will be automatically adjusted in the basket depending on the shipping country.

In the event of non-payment, non-compliance with these conditions, dispute or other problem concerning the Customer, SEMPER INVICTA reserves the right to suspend the order for an indefinite period or even to cancel it.

Payments on the online store are made upon ordering, in one go, exclusively by credit card. The transaction is secure.

SEMPER INVICTA reserves the right to modify its prices at any time but undertakes to apply the prices in effect at the time of the order, subject to availability of the Products on that date.

IV. Products

The Products governed by these general conditions of sale are those which appear on the website shop.semper-invicta.fr.

The Products sold by SEMPER INVICTA are new. They are offered for sale while stocks last. If the Product is unavailable, our services will inform the Customer and indicate the expected production times.

The Products are described and represented with the greatest possible accuracy, it is unfortunately possible that omissions or errors may be present. SEMPER INVICTA cannot be held liable in this case, unless the use and purpose of the Product are affected.

The photographs are non-contractual.

The Products can be customizable provided there is a minimum order quantity that the SEMPER INVICTA teams will specify to you on request. These personalized Products cannot be subject to any withdrawal by the Customer, in accordance with article L. 221-28 of the Consumer Code. 

V. Guarantees

SEMPER INVICTA guarantees the Customer against any lack of conformity and any hidden defect resulting from a design defect of the Product.

A. Legal guarantee of conformity

According to Article L. 217-3 of the Consumer Code, SEMPER INVICTA is responsible for defects in conformity existing at the time of delivery of the goods, which are discovered within two (2) years from the date of delivery. .

In this case, the Customer must make the item available to SEMPER INVICTA who will choose between repair and replacement.

B. Legal guarantee against hidden defects

SEMPER INVICTA guarantees the Customer against hidden defects in the property which make it unfit for use or which significantly reduce its use. 

If the Customer reports this defect within two (2) years from the discovery of the defect, he may choose between reimbursement of the Product against its return to SEMPER INVICTA, and part of the reimbursement of the good if he wishes to keep it ( Article 1644 of the Civil Code).

C. Liability

SEMPER INVICTA disclaims all liability regarding any damage caused to the end user of the Product. The Customer is solely responsible for the use made of the Product, the risks relating to the use of the Product are and remain, in any event, the responsibility of the Customer.

SEMPER INVICTA does not guarantee to the Customer any suitability of the Product for specific needs. 

SEMPER INVICTA does not guarantee any performance or any level of resistance of the Product, in fact, the resistance tests are carried out in independent laboratories proceeding according to the standards in force. Test conditions are not representative of actual field conditions.

SEMPER INVICTA may send the Client the reports of these tests upon written request.

VI. Delivery

The SEMPER INVICTA company sells and exports its Products throughout the world. Depending on the place of arrival, delivery times may vary beyond our control.

The Products are delivered to the delivery address indicated by the Customer when placing the order.

Delivery times for Products are provided as an indication, unless there is an express written commitment from SEMPER INVICTA on specific dates and times. In the event of a foreseeable delay in delivery, SEMPER INVICTA will inform the Customer as soon as possible by telephone or electronic.

On the other hand, SEMPER INVICTA cannot be held responsible for any delay or failure to receive due to a case of force majeure or a fault of the Customer such as the absence of the latter at the time of delivery to the address indicated in his order.

In the absence of delivery within the expressly agreed period, or, failing that, at the latest thirty (30) days after the conclusion of the contract, the Customer may give SEMPER INVICTA formal notice, by registered letter with acknowledgment of receipt, to proceed with the delivery within a reasonable additional time. 

In the absence of execution by SEMPER INVICTA within this new deadline, the Client may terminate the contract by registered letter with acknowledgment of receipt. The contract will be considered terminated upon receipt by SEMPER INVICTA of this letter, unless SEMPER INVICTA has complied in the meantime.

The Customer may, however, immediately terminate the contract:

  1. when SEMPER INVICTA refuses to deliver the Product or when it is clear that it will not deliver the Product,
  2. when SEMPER INVICTA does not fulfill its obligation to deliver the Product within the expressly agreed period or at the latest thirty (30) days after the conclusion of the contract, and that this date or this period constitutes for the Customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract.

Any package returned to SEMPER INVICTA due to an incorrect or incomplete delivery address must be returned at the expense and responsibility of the Customer as quickly as possible.

VII. Right of withdrawal

In accordance with the legal provisions in force, the Individual Customer has a period of fourteen (14) days from the date of receipt of the goods to exercise their right of withdrawal.

This right does not apply to personalized goods, i.e. made according to the Customer's specifications, nor to goods unsealed by the Customer after delivery for hygiene reasons.

In the event of withdrawal, the return costs will be the responsibility of the Customer, the price of the good and the delivery costs incurred on the outward journey will be fully reimbursed. The Customer must accompany the returned goods with a declaration of withdrawal.

VIII. Force majeure

Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and result in their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and disappearance.

Cases of force majeure correspond to irresistible facts and circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties. The parties will come together to determine the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three (3) months, these general conditions may be terminated by the injured party.

IX. Applicable law

These general conditions of sale are subject to the application of French law. The parties undertake to agree on an amicable solution to any dispute arising from the interpretation of this contract. If they fail to do so, they will submit the dispute to the Paris Commercial Court.

Last updated: July 24, 2024