Clause 1: Purpose
The general terms of sale described below detail the rights and obligations of Moebius Factory and its customer in connection with the sale of the goods or services described in the invoice.
These general terms of sale apply from March 24, 2015, creation date of the Moebius Factory company.
Any service performed by the company Moebius Factory implies the unreserved acceptance of the buyer to these general terms of sale.
Clause 2: Price
The prices of the goods sold are those in force on the day of the order. They are denominated in euros and calculated net of tax. As a result, they will be increased by the VAT rate and the transport costs applicable on the day of the order.
Moebius Factory grants itself the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of registration of the order.
Clause 3: Discounts and rebates
The proposed rates include discounts and rebates which Moebius Factory would be required to grant based on its results or the assumption by the buyer of certain services.
Clause 4: Discount
No discount will be given in case of advance payment.
Clause 5: Terms of payment
The payment of orders takes place:
- Or by check;
- Or by wire transfer (bank);
- (XBT), ethereum (ETH), Litecoin (LTC), Dash (DASH), and Monero (XMR) at the amount indicated on the invoice.
When registering the order, if the buyer is already a customer of the company Moebius Factory, no deposit will be claimed except for orders over 2000 € excl. VAT. In this case a deposit of 20% will be claimed.
For new customers a 50% deposit will be requested on the first order.
Clause 6: Late payment
In case of total or partial non-payment of goods delivered within 30 days of receipt, the buyer must pay to Moebius Factory a penalty for delay equal to six times the rate of legal interest for each day of delay.
For services executed on behalf of Moebius Factory for the buyer, in case of total or partial non-payment within 30 days of the date of issue of the invoice, the buyer must pay Moebius Factory a late payment penalty equal to six times the rate of legal interest for each day of delay.
The rate of legal interest retained is that in force on the day of delivery of the goods or services.
This penalty is calculated on the amount inclusive of the amount remaining due and runs from the date of expiry of the prize without any prior notice being required.
In addition to the late payment, any sum, including the deposit, which has not been paid on the due date, will automatically give rise to the payment of a lump-sum indemnity of € 40 due in respect of collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Clause 7: Resolute Clause
If within fifteen days of the implementation of the “Late payment” clause the buyer has not paid the outstanding amounts, the sale will be resolved ipso jure and may be entitled to the Damages for the benefit of Moebius Factory.
Clause 8: Retention of title clause
Moebius Factory retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to legal redress or liquidation, Moebius Factory reserves the right to claim, in the context of collective proceedings, the goods sold and remain unpaid.
Clause 9: Delivery
The delivery is carried out:
- Either by direct delivery of the goods to the buyer;
- Or by issuing and sending the invoice to the customer (in the case of the provision of services);
- Or at the place indicated by the buyer on the order form.
The delivery time indicated when registering the order is given as an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the goods or services may not result in the buyer benefiting from:
- The award of damages;
- The cancellation of the order.
The risk of transport is borne entirely by the buyer.
In the case of delayed delivery of products or services exceeding six months, the buyer waives any action for damages awarded to Moebius Factory. The buyer can cancel his order and will be reimbursed the deposit paid (if applicable) and this increased by the rate of legal interest in force over the period of delay.
In case of goods missing or deteriorated during the transport, the buyer must formulate all the necessary reserves on the order of order on receipt of these goods. These reservations must be confirmed in writing within five days of delivery by registered post AR.
Clause 10: Force Majeure
The liability of Moebius Factory can not be implemented if the non-performance or delay in the performance of one of its obligations described in these general terms of sale arises from a case of force majeure. As such, force majeure is defined as any external, unpredictable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause 11: Court of competent jurisdiction
Any dispute relating to the interpretation and execution of these general terms of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Melun.