TERMS &CONDITIONS :
CURRENCY AND SHIPPING COST :
Currency: Euro (€).
Shipping terms: Ex-Works. The order is confirmed after receipt
of the deposit.
KEY DATES :
Order deadline: 9 July
Deadline for payment of deposit: 28 July.
MINIMUM ORDER VALUE :
Minimum order value: €6,000.
RTW (ready-to-wear): 4 units per colour/style.
Accessories: Pack of 4 units (e.g. 4 caps).
Collaboration with Maia Ruth Lee : Minimum 3 units per style.
Collaboration with Andy Warhol : Minimum 3 units per style.
DELIVERY DATES :
Between January, 1st to March 31st
TERMS AND CONDITIONS OF SALE
- Any and all orders imply the full acceptance without reservations whatsoever on the
part of the buyer of the following terms and conditions. These shall therefore not be
overridden by any clause mentioned in the correspondence or on any order form
received from our customers.
- All orders are final upon signature.
- Any order cancellation on the part of the buyer shall be considered only if such
cancellation is received in our offices by return-receipt registered mail, ten
days at the latest after the order was written. After such period has elapsed, any order
cancellation received by seller whether by mail and/or any failure to take delivery
of merchandize delivered by carrier on the part of the buyer shall not be admissible and
therefore make the latter liable to an indemnity payable as a lump sum in an amount
equal to 40 % of the total amount of the order inclusive of all tax, within fifteen days
after such cancellation or modification was made, as a compensation to the seller. After
such fifteen-day period, a 100 Euro per day periodic penalty payment shall be
automatically levied without precluding of any legal interest.
- SAS Yesterday reserves the right to keep the deposit collected in compensation for
any order not honored or canceled in time.
- Any order modification on the part of the buyer shall be taken into consideration only if
such modification is sent by return-receipt registered mail, ten days at the latest after
the order was placed. After such period no change shall be taken into account unless
agreed by SAS Yesterday or the distributor.
- Orders shall only be fulfilled subject to the procurement or manufacturing abilities of
the seller.
- Deliveries shall be made only based upon availability. SAS Yesterday or the
distributor may make full or partial deliveries. Late deliveries can in no way give rise to
damages nor to any withholding, as such delivery times are merely indicative.
- SAS Yesterday or the distributor. reserve the right to make any change it deems
necessary to its products without having to effect such change on products previously
delivered or currently on order.
- SAS Yesterday or the distributor reserve the right to use the shipping company of his
choice at the time of delivery.
- Any delivery shall be deemed accepted as soon as seller has signed off on carrier's
release after making sure that the shipment is intact or after having made proper
reservations if the shipment exhibits any damage.
- Any order shall be deemed cancelled upon initiative of buyer, if the latter refuses
delivery of his package from the carrier.
- Without precluding of any action to be taken with regard to the carrier, all claims as to
apparent damage or concerning non-compliance of the product delivered with the
product ordered or the shipping voucher must be made by return receipt registered
letter within 48 hours of the receipt of such merchandize.
- Any return shall be automatically rejected upon arrival if it is not preceded by a claim
from the buyer following the mistakes set forth in the previous article along with the
written consent of the seller. Such consent shall in no way imply any acknowledgement
whatsoever with respect to the appropriateness of the claims of the buyer. All shipping
expenses shall be borne by the buyer. The validity of seller's written consent or return
voucher shall not exceed 10 days as of the date of receipt of such by buyer.
- Wholesale Prices are quoted free warehouse (EXW), therefore and unless expressly otherwise agreed by the parties, shipping charges shall be borne by the buyer.
- In case of late payment, SAS Yesterday or the distributor may suspend all pending
orders, without precluding of any other recourse. If 48 hours after notice has been
given, payment is still in default, seller may with full legal right and at his own discretion
realize the sale, and can further, through emergency proceedings seek to gain recovery
of the product, without relinquishing any other damages whatsoever. The decision shall
not only apply to the order in question, but also to all previous unpaid orders, whether
they be delivered or pending and whether payment be due or not. In case of payment
by negotiable documents, failure to return same documents by the end of the 48-hour
period shall be construed as a refusal to accept assimilated to a failure to pay. Failure
to make a single payment on time shall make seller's claim due in full without prior
notice. In case of default on the part of the debtor, the sums recovered by way of
contentions collection shall automatically be increased by a 100 euro per day late fee in
addition to late interest.
- Pursuant to French law 80-335 of May 12, 1980, goods delivered shall remain the property of the seller until payment in full of the agreed price. Should a single due date not be met,
SAS Yesterday or the distributor reserve the right to recover any and all merchandize
delivered and unpaid at that time which may have remained in the possession of the
buyer.
- It is expressly agreed that in case of a dispute, the commercial chamber of the District
Court of Paris - "chambre commerciale du tribunal d'instance / de grande instance de
Paris" shall be the only competent venue. The parties expressly agree to such
domiciliary clause.
- For all the request of transportation document (Certificate of Origin, ATR, EUR1) SAS YESTERDAY will invoice 30,00€ per document.
