These general terms and conditions of sale apply to any order of products placed with HBMDM in accordance with the provisions below.
Any clause opposed by our customers that is not expressly accepted in writing by HBMDM shall not be binding on HBMDM.
Any order placed with HBMDM implies the customer's unreserved acceptance of these terms and conditions.
Our prices are indicative. The final selling price will take into account the prices of metals, pearls and currencies at the time of delivery. Adjustments will be made according to the gold price on the invoice date. Weights are theoretical and may vary depending on manufacturing. Prices are exclusive of tax and subject to VAT and applicable taxes.
Goods are delivered within the timeframes indicated by usage, quotes or purchase orders, from receipt or confirmation of the order. Deadlines are indicative unless a firm date has been expressly agreed.
No delay in delivery may justify cancellation of the order, penalties or termination except where expressly accepted by HBMDM. Partial deliveries cannot be cancelled.
If collection of goods is the buyer's responsibility, failure to collect after notification authorises HBMDM to return the goods or, at the seller's option, to terminate the sale after the collection period has expired.
Deliveries are carried out by carrier. The choice of carrier is made by us unless the buyer specifies otherwise. The transfer of risk occurs when goods leave our premises, regardless of transport method and payment terms.
Unless otherwise stipulated, orders are executed according to applicable standards and usual tolerances. HBMDM warrants goods against hidden defects and manufacturing errors for one year from the invoice date and undertakes to replace defective parts.
No warranty covers defects resulting from force majeure, improper maintenance or mistreatment by the buyer. Returns for repair must state the name, invoice number and product references.
Unless otherwise agreed in writing, the buyer must pay the invoice in full upon receipt of the goods. HBMDM may authorise deferred payments subject to review. Payments by cheque or bill of exchange are only final upon successful collection.
In accordance with French law n°92‑1442 of 31 December 1992, late payment will incur interest at 1.5% per 30‑day period and collection fees, due after formal notice.
Any amount unpaid when due will result in immediate acceleration of all receivables after formal notice and may lead to suspension of deliveries without compensation. Goods or materials left with HBMDM may be retained as security until full payment.
Returns for non‑payment may be accepted with a 20% deduction. In case of default, a penalty of 15% of the outstanding sums, with a minimum of €160 excl. VAT, may be applied.
If any provision is held invalid, the remaining provisions remain in force.
Any dispute relating to the formation or execution of a sales contract shall be subject to the exclusive jurisdiction of the Commercial Court of Paris.
