Any order implies unconditional and unreserved acceptance of the general terms and conditions of sale in force on the date of the order placed by the Customer. These general terms and conditions of sale prevail over any other document of the Customer, and in particular over any general terms and conditions of purchase, unless otherwise expressly agreed in writing by INVICTA GROUP.
Subject to this reservation, any contrary condition opposed by the Customer shall therefore be unenforceable against INVICTA GROUP.
INVICTA GROUP reserves the right to modify its general terms and conditions of sale at any time.
These contractual provisions are applicable to any professional buyer established in the territories in which the Products are marketed by INVICTA GROUP.
By Product(s), we mean all INVICTA GROUP products, namely heating appliances, barbecues, planchas, furniture and culinary products marketed under the INVICTA brand, including culinary products from the HUNTER range, LAUDEL heating appliances as well as heating appliances marketed under the DEVILLE brand.
The information contained in any other document, in particular catalogues, prospectuses, advertisements, notices and scales, is only indicative and non-contractual. INVICTA GROUP reserves the right to modify it at any time and without notice, due to technical and/or economic developments.
2.1 An order may only relate to a Product offered in the catalogues in force on the date of the order.
An order can be placed electronically, by post or by fax. Any order placed with INVICTA GROUP is binding on the Customer.
An acknowledgement of receipt may be sent by INVICTA GROUP. This acknowledgement of receipt does not constitute validation of the order.
An order is only final with respect to INVICTA GROUP after its express agreement and full payment in cash on a pro forma invoice.
To be validly taken into consideration by INVICTA GROUP, the order must specify, at a minimum, the quantity, brand and references of the Product(s) ordered as well as the price indicated on the catalogues in force or the price agreed according to a specific written agreement and the place of delivery.
The order may not contain any conditions contrary to these general terms and conditions of sale, unless INVICTA GROUP has given its prior written agreement.
An estimate given to the Customer does not constitute acceptance of the order and is valid for a period of one (1) month, at the end of which it will lapse.
2.2 INVICTA GROUP reserves the right to refuse any order for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by the Customer.
INVICTA GROUP may refuse to execute an order if the Customer is deemed insolvent or if INVICTA GROUP has experienced a payment incident with the Customer in the past.
The benefit of the order is personal to the Customer and cannot be transferred without the prior written consent of INVICTA GROUP. The order is neither assignable nor transferable by the Customer to any third party whatsoever.
2.3 In the event of difficulties in the supply of raw materials and, a fortiori, in the event of a shortage, INVICTA GROUP will respond to orders according to availability.
Products are offered for sale and delivered within the limits of available stocks. INVICTA GROUP may also decide to permanently stop the marketing of a product. In the event of temporary unavailability of the Product ordered, INVICTA GROUP will inform the Customer and may, in the event of definitive unavailability, offer a Product of equivalent quality and price or, failing that, a credit note for the amount of the deposit or the price received against a future purchase, excluding any refund. With the exception of the reimbursement of sums paid, INVICTA GROUP is not liable for any cancellation compensation.
3.1 Any modification or cancellation of an order must be requested electronically, by post or by fax, and be subject to INVICTA GROUP's express prior written agreement.
Failing this, any modification or cancellation of an order by the Customer will be deprived of any effect and the entire price will remain due.
In the event of a modification of the order by the Customer accepted by INVICTA GROUP, the latter will be released from the agreed deadlines for its execution.
3.2 In the case of custom-made products, the modification request may only be taken into consideration if it has been received by INVICTA GROUP in writing before the Product ordered from the factory is put into production.
In any case, such a request remains subject to the prior written consent of INVICTA GROUP. In the event of acceptance on its part, INVICTA GROUP will be released from the initially agreed deadlines.
3.3 In the event of cancellation of the order accepted by INVICTA GROUP, the latter shall be entitled to keep the amount of the deposit or the price paid.
4.1 Prices and accessories:
The prices are fixed by the price list in force on the day of the order. Prices are established ex works (Incoterm 2010). Transport, transport insurance, customs or any other taxes and duties, all ancillary expenses, in force at the time of payment, shall be invoiced in addition to the price, such direct or indirect costs, duties, taxes or expenses being borne by the Customer. Prices are in Euros excluding VAT, unless otherwise specified, and taxes are invoiced and due in addition at the rate in force at the time of payment.
The prices communicated by INVICTA GROUP are firm and final on the date of the order and are guaranteed until the day of delivery. If the delivery has not been made within the specified period, the price guarantee will be extended until the effective date of delivery, unless the delay is attributable to the Customer.
INVICTA GROUP may revise the prices at any time, after prior notification to Customers. Any price change will be automatically applicable on the date indicated on the new price list.
If the Customer requests the postponement of the delivery of the Product ordered beyond the indicated date, INVICTA GROUP reserves the right to charge storage costs, it being specified that the postponement of delivery may not exceed thirty (30) days.
4.2 Price change:
The prices of the Products are established under the economic conditions known at the date of their publication. If, as a result of economic or commercial circumstances of any kind, the conditions of execution of the order are modified to such an extent that it is detrimental to INVICTA GROUP, the financial conditions will be revised at INVICTA GROUP's initiative in order to remedy this inequitable effect. In the event of disagreement on the amount of this revision, the sales contract concluded by INVICTA GROUP and the Customer may be terminated at the discretion of INVICTA GROUP or the Customer, without compensation on either side, by notification by registered letter with acknowledgement of receipt. However, all costs already incurred by INVICTA GROUP shall remain payable by the Customer.
4.3 Payment terms:
Payment will be made in Euros and in cash before delivery, on presentation of a pro forma invoice. Only the actual collection will be considered as full payment within the meaning of these general terms and conditions of sale. Any advance payment does not give right to any reduction or discount. Invoices are payable at INVICTA GROUP's Head Office.
4.4 Non-payment:
In the event of non-payment, in whole or in part, INVICTA GROUP reserves the right either to request the execution of the sale and payment of the price if necessary under court order, it being specified that any amount due by the Customer to INVICTA GROUP will bear interest from the due date at the legal interest rate plus 10 points, or to cancel the sale, by registered letter with acknowledgement of receipt with, if applicable, return of the Product and to keep any amount paid as compensation.
In accordance with Article L441-6 of the Commercial Code, any late payment gives rise, in addition to late payment penalties, to the payment of a fixed compensation of 40 Euros for recovery costs. When the recovery costs incurred exceed the amount of this fixed compensation, INVICTA GROUP may request additional compensation, upon justification.
In the event of multiple instalments, failure to pay one of the instalments results, when INVICTA GROUP does not opt to cancel the sale with retention, as compensation, of the instalments paid, in the immediate payment of subsequent instalments.
In the event of non-payment of all or part of the price by the Customer, all INVICTA GROUP's claims on the Customer will become immediately due as from the due date of the unpaid invoice.
INVICTA GROUP reserves the right at any time to set an outstanding amount, adapt payment deadlines or even deliver on a pro forma basis in the event of a payment incident or in the event of poor financial information.
A dispute does not exempt the Customer from paying INVICTA GROUP's invoice.
The transfer of ownership will only take place after full payment of the price. The Product delivered and invoiced remains the property of INVICTA GROUP until it is paid in full. Payment means the actual collection of the price, the delivery of a bill of exchange or any other title creating an obligation to pay does not constitute payment. It is nevertheless expressly stated that the Customer shall be liable for the Product as soon as it is physically delivered to it or handed over to the carrier, if applicable. The transfer of possession results in the transfer of risks. The Customer shall refrain, before full payment of the price, from reselling or pledging any Product unless INVICTA GROUP has given its prior written consent
.
The Customer is liable for any loss, damage, theft and/or depreciation that may occur to the Product sold, for any reason whatsoever, before full payment of the price. Consequently, the Customer undertakes to take out a policy covering the above risks with a reputable insurance company. In the event of a claim or cancellation, any dismantling and repair costs will be borne by the Customer.
INVICTA GROUP may exercise its rights under this clause for any of its claims on any of its Products in the Customer's possession, which are conventionally deemed to be those which are unpaid, and INVICTA GROUP may take them back or claim them in consideration of any unpaid invoice, without prejudice to its right to cancel any other current order, with retention, as compensation, of any deposit paid.
INVICTA GROUP may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of its Products in the Customer's possession, who undertakes to allow free access to its warehouses, stores, homes or any other place where the Products are deposited for this purpose, ensuring that the identification of INVICTA GROUP's Products is always possible.
This clause is enforceable against any third party as well as in the event of the Customer's receivership or judicial liquidation.
6.1 For Customers established in France, delivery is made by delivery of the Product by a shipper or a carrier, to the address indicated on the order form.
In the absence of an address indicated on the order form or in the event of an undisclosed address, the Product(s) are stored on INVICTA GROUP's premises at the Customer's expense and risk. In the event of an incorrect address, the Product(s) are stored on the carrier's premises. INVICTA GROUP reserves the right to invoice the Product(s) on the initial delivery date and the storage costs (its own or those of the carrier) on the actual delivery date.
6.2 In the event of non-payment in full of an invoice that is due, INVICTA GROUP reserves the right to suspend any other current and/or future deliveries.
6.3 As delivery times are given as an indication, exceeding the time limit may under no circumstances result in the cancellation of the order or in the payment of any compensation or penalty, whatever its nature.
6.4 Without prejudice to the measures to be taken by the Customer with regard to the carrier as described in Articles 7.1.2, 7.1.2, 7.1.3 and 7.1.5, in the event of an apparent defect or missing item, any complaint, whatever its nature, relating to the products delivered will only be accepted by INVICTA GROUP if it is made in writing, by registered letter with acknowledgement of receipt, within a period of 3 days.
7.1 Provisions applicable to Customers residing within the European Union
7.1.1 In accordance with Article 4.1, transport costs shall be invoiced in addition to the price of the Product ordered by the Customer (unless otherwise agreed in writing).
7.1.2 When the Product is delivered by a carrier, it is the Customer's responsibility to check, in the presence of the carrier, the condition of the Product delivered and, in the event of damage or missing items, to make reservations on the delivery note.
7.1.3 In the event of delivery by a shipper or a carrier, the Product is delivered exclusively to the entrance of the premises of the address indicated on the order form, on the public road, on the edge of the property or rental. The Customer is responsible for transporting the Product to the desired location, as the Product is not delivered inside the accommodation or any other premises. The transfer or risks takes place ex works. The Product delivered to the Customer by a carrier chosen by INVICTA travels at the Customer's risk.
7.1.4 Storage of the Product on the carrier's delivery platform awaiting delivery to the Customer shall be at the Customer's expense and risk.
7.1.5 It is the Customer's responsibility, in the event of damage to the delivered Product or missing items, to make all necessary reservations with the carrier. Any product that has not been the subject of a precise reservation on the nature of the damage and/or the quantity, by registered letter with acknowledgement of receipt within 3 days of receipt from the carrier, in accordance with Article L.133-3 of the Commercial Code, a copy of which will be sent simultaneously to INVICTA GROUP, will be considered accepted by the Customer.
7.2 Provisions applicable to Customers residing outside the European Union
7.2.1 For Customers established outside the European Union, the terms of delivery are understood by reference to the INCOTERMS 2010 - EXW of the International Chamber of Commerce. Consequently, INVICTA GROUP's sole responsibility is to make the goods available to the Customer at its premises in packaging suitable for transport. INVICTA GROUP is not responsible for loading the goods on the vehicle provided by the Customer, unless otherwise agreed. The Customer shall bear all costs and risks inherent in transport from the factory to the place of destination; it also carries out the export formalities. The cost of these export formalities is borne by the Customer.
7.2.2 INVICTA GROUP insures the Products against transport risks only at the express request of the Customer, a request that INVICTA GROUP reserves the right to accept or refuse, without having to justify itself.
When INVICTA GROUP takes out the insurance directly, any claims of the Customer may only be taken into consideration if the Customer has provided proof that it has completed the insurance formalities that may have been incumbent on it.
8.1 All complaints must be made to INVICTA GROUP's After-Sales Service by email, post or fax. It is the Customer's responsibility to provide any justification as to the reality of the non-conformity, hidden defect or alleged anomaly. It must give INVICTA GROUP every facility to establish the complaint and to remedy it, if necessary. An INVICTA GROUP sales representative or technician may be required to visit the site to carry out an appraisal. In the meantime, the Customer shall refrain from intervening itself or having a third party intervene for this purpose.
8.2 No Product returns will be accepted without the prior written agreement of INVICTA GROUP. Any Product returned without this agreement will be held at the Customer's disposal and returned, at its expense, after one month. The costs, storage and risks of the return are always the responsibility of the Customer, it being specified that the returned product will be reshipped carriage paid. Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of INVICTA GROUP's agreement by its after-sales service. The returned Product will be accompanied by a return form to be attached to the package and must be in the condition in which INVICTA GROUP delivered it.
8.3 A return not in accordance with the above procedure will result in the loss of the deposit or price paid by the Customer and any guarantee.
Spare parts for products marketed under the INVICTA or LAUDEL brand name that are essential for the use of the products are available for 5 years from the date of delivery of the Product by the carrier or at the point of sale, with the exception of the models below.
Spare parts for Magda, Mirella, Pyra, Attiba, Voluspa, Skandic, Norvall, Olene, Kemi, Olsson models,
Balder, Thor and La Royale as well as gas barbecue spare parts essential for the use of the products are available for 2 years, from the date of delivery of the Product by the carrier or at the point of sale.
Spare parts for fireplaces, inserts and wood stoves marketed under the brand name DEVILLE essential for the use of the products are available for 5 years from the date of delivery of the Product by the carrier or at the point of sale.
Spare parts for pellet and oil stoves, wood and oil stoves and hydros marketed under the brand name DEVILLE essential for the use of the products are available for 2 years from the date of delivery of the Product by the carrier or at the point of sale.
Spare parts for gas heating appliances marketed under the INVICTA, LAUDEL or DEVILLE brands essential for the use of the products are available for 2 years from the date of delivery of the Product by the carrier or at the point of sale.
10.1 Commercial guarantee applicable to the consumer
For information, in addition to the legal guarantees, INVICTA GROUP contractually guarantees to the consumer only, and therefore excluding the professional customer, fireplaces, inserts, wood stoves, pellet stoves, fuel stoves, wood stoves, fuel stoves, hydros, gas and cooking appliances under the following conditions and subject to payment of the invoice issued by INVICTA GROUP.
In the event of difficulty in applying this warranty, the consumer has the possibility, before any legal action, to seek an amicable solution, in particular by contacting INVICTA GROUP's After-Sales Service.
In accordance with Article L. 211-16 of the Consumer Code, "when the buyer asks the seller, during the commercial warranty granted on the acquisition or repair of personal property, for a repair covered by the warranty, any period of immobilisation of seven days or longer shall be added to the unexpired term of the warranty. This period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance".
10.1.1 Territoriality
The consumer commercial warranty applies in all countries in which the Products are sold by INVICTA GROUP.
10.1.2 Content and duration
- Heating appliances (fireplaces, inserts, wood stoves, hydros, pellet stoves, oil stoves and stoves, wood stoves, gas furnaces):
The heating elements (non-removable parts) are guaranteed to the consumer, from the date of delivery by the carrier or at the point of sale, for the following periods:
- 5 years for fireplaces, inserts, wood stoves and hydros marketed under the INVICTA, LAUDEL or DEVILLE brands,
- 2 years for pellet stoves marketed under the INVICTA, LAUDEL or DEVILLE brands,
- 2 years for oil stoves and stoves marketed under the INVICTA, LAUDEL or DEVILLE brand,
- 2 years for wood-burning stoves marketed under the INVICTA, LAUDEL or DEVILLE brand names,
- 2 years for gas heating appliances marketed under the INVICTA, LAUDEL or DEVILLE brands.
The electrical parts (extractor, fan, electronic board) of pellet stoves marketed under the INVICTA or DEVILLE brands as well as the electrical parts (electronic board) of gas heating appliances marketed under the INVICTA, LAUDEL or DEVILLE brands are guaranteed for 2 years.
The other components, such as:
- latches, screws, fans, printed circuits, switches, terminals, electrical wires, fireplace electrical ducts, inserts, wood stoves marketed under the INVICTA, LAUDEL or DEVILLE brands,
- latches, screws, decorative plates, deflectors for pellet stoves marketed under the INVICTA, LAUDEL or DEVILLE brands,
- latches, screws, distributors, buttons, burners for stoves and oil stoves marketed under the INVICTA, LAUDEL or DEVILLE brand names,
- handles, screws, bricks, thermometers for wood stoves marketed under the INVICTA, LAUDEL or DEVILLE brand names,
- the handles, screws and burners for gas heating appliances marketed under the INVICTA, LAUDEL or DEVILLE brands are guaranteed to the consumer for a period of 1 year, starting from the date of delivery by the carrier or at the point of sale.
The warranty applies during this period to any defect in material or workmanship, subject to the proper use of the equipment in accordance with the operating instructions provided with the equipment and any applicable regulations.
Proof of purchase of the Product (invoice, detailed sales receipt) and photos of the product will be required for the processing of any claim.
The warranty is only valid if the device has been installed at the address indicated on the warranty certificate provided with the device and if the purchaser has registered the warranty on the website www.invicta.fr or by calling the toll-free number 0.809.10.00.13, it being specified that the consumer is required, in any event, to present proof of purchase of the Product for the implementation of the warranty.
The warranty is limited to the free replacement of defective parts, after inspection by INVICTA GROUP. If the replacement of these parts proves too expensive, INVICTA GROUP may decide to replace the product. Under no circumstances may INVICTA GROUP be the subject of a claim for damages, under any name or form whatsoever.
INVICTA GROUP is released from any obligation relating to the warranty in the event of installation of the Product that does not comply with any legal, regulatory and/or administrative requirements and good engineering practice, or in the event of modification of the Product.
The commercial warranty is excluded in the case of professional use.
Other warranty exclusions:
- External removable parts,
- normal wear and tear of the Product such as, for example, a change in appearance (colour, gloss) or corrosion, as well as moving or fixed internal parts, in steel or cast iron, of the Product,
- the consequences of improper maintenance or lack of maintenance of the Product, an accident, negligence or error in handling the Product and, more generally, failure to comply with instructions for use and maintenance and, in particular, maintenance by qualified personnel,
- Since the glass resists a temperature of 750°C and the temperatures in the combustion chamber never reach this temperature, there can be no breakage of the glass due to overheating. Consequently, glass breakage due to improper handling during use or handling of the equipment is not covered by the warranty.
- Seals for any heating appliance, crucibles for pellet stoves and candles for pellet stoves and gas furnaces that are considered to be wear parts,
- The fuel used and the operation of the appliance are beyond the manufacturer's control,
- parts of the fireplace in direct or indirect contact with the igniting fuel, such as:
- Decorative plates, fire grates, baffles, firebox logs, inserts, wood stoves and hydros marketed under the INVICTA, LAUDEL or DEVILE brands
- Decorative plates and deflectors for pellet stoves marketed under the INVICTA, LAUDEL or DEVILLE brands,
- Diffuser tubes, wicks, igniters, cast iron rings for stoves and fuel stoves marketed under the INVICTA, LAUDEL or DEVILLE brand names,
- Refractory bricks, fire grates, deflectors for wood stoves marketed under the INVICTA, LAUDEL or DEVILLE brand names,
- Decorative plates and baffles for gas heating appliances marketed under the INVICTA, LAUDEL or DEVILLE brands.
The warranty also excludes any damage caused by mechanical or electrical components that are not supplied by the manufacturer of the Product and/or are prohibited by laws governing heating appliances.
- Damage caused by the use of any fuel other than that provided for the Product concerned.
- The costs of travel, transport, labour, packaging, dismantling and the consequences of immobilisation of the equipment, resulting from warranty operations, are the responsibility of the Customer.
The warranty does not cover any damage, total or partial, direct or indirect, caused by use that does not comply with the instructions for use and/or maintenance, is abnormal, negligent or faulty or results from a cause unrelated to the intrinsic qualities of the Product.
. Culinary products of the INVICTA brand and the Hunter range:
With the exception of fondue cooking utensils, INVICTA GROUP offers a commercial guarantee to the consumer, without limitation of time, against any manufacturing defect or any quality defect, subject to the use of the utensils with all due care and attention, under normal conditions of use and storage, and in compliance with the use and maintenance instructions provided with the utensils.
The commercial guarantee consists, at the choice of INVICTA GROUP, in the replacement of all or part of the utensil, or in the reimbursement of all or part of the purchase price (less the margin applied by any distributor/intermediate reseller). If the colour of the utensil to be exchanged is no longer available during the exchange, the utensil will be replaced in another colour. Under no circumstances may INVICTA GROUP be the subject of a claim for damages, under any name or form whatsoever.
Proof of purchase of the utensil (invoice, detailed sales receipt, etc.) and photos of the product will be required to process any claim.
The commercial guarantee does not cover, in particular:
- normal wear and tear of the utensil such as, for example, a change in the appearance of the enamel (colour, gloss),
- any damage or consequence of use not in accordance with the instructions for use or of negligent, faulty or abnormal use such as cooking at an excessive temperature, enamel chipping due to shocks or overheating, frequent use in the dishwasher with abrasive products, etc., or resulting from a cause unrelated to the intrinsic qualities of the Product,
- the consequences of improper maintenance or lack of maintenance of the utensil, an accident, negligence such as incorrect handling of the utensil and, more generally, failure to comply with the instructions for use and maintenance,
- any indirect damage and any defect not attributable to the Product.
INVICTA GROUP is released from any warranty obligation if a modification is made to the utensil.
- Barbecues, planchas:
The heating elements (non-removable parts of barbecues and planchas marketed by INVICTA GROUP) are guaranteed to the consumer for a period of 1 year, from the date of delivery by the carrier or at the point of sale.
- normal wear and tear of the Product such as, for example, a change in appearance (colour, gloss) or corrosion,
- the consequences of improper maintenance or lack of maintenance of the Product, an accident, negligence or error in handling the Product and, more generally, failure to comply with the instructions for use and maintenance,
- Damage caused by the use of any fuel not specified in the user manual.
- The costs of travel, transport, labour, packaging, dismantling and the consequences of immobilisation of the equipment, resulting from warranty operations, are the responsibility of the consumer.
The warranty does not cover any damage, total or partial, directly or indirectly caused by use that does not comply with the instructions for use and/or maintenance, is abnormal, negligent or faulty or results from a cause unrelated to the intrinsic qualities of the Product.
10.1.3 Transfer of the warranty
The warranty is linked to the Product sold by INVICTA GROUP, it is automatically acquired by any new owner for the remaining duration.
10.1.4 Price of the guarantee
The commercial guarantee as defined above does not entail any payment by the consumer.
INVICTA GROUP's liability towards the professional customer is limited to the conditions of the legal guarantee, the burden of proof of which lies with the customer. However, under no circumstances shall INVICTA GROUP be held liable for any direct or indirect damage that the Customer may suffer. In addition and in any event, any damages due by INVICTA GROUP may never exceed 10% of the sale price by INVICTA GROUP.
12.1 INVICTA GROUP cannot be held liable when the delay in delivery or performance of services is due to a case of force majeure as usually retained by French case law, or a fortuitous event. Force majeure or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes it totally impossible for them to perform their obligations.
In particular, the following are considered to be force majeure or fortuitous events relieving INVICTA GROUP of its obligations:
strikes by all or part of the staff of INVICTA GROUP or its usual carriers or any manufacturer of products marketed by INVICTA GROUP, lockouts, fires, floods, bad weather, war, production stoppages due to accidental breakdowns, inability to be supplied with raw materials, epidemics, thaw barriers, roadblocks, strikes or disruption of energy supply, or disruption of supply for a reason not attributable to INVICTA GROUP, as well as any other cause of disruption of supply attributable to its suppliers.
12.2 Initially, any case of force majeure shall suspend the performance of the contract; it shall be notified by registered letter with acknowledgement of receipt. In all cases, the contractual period will automatically be extended by the impact of the delay.
If the force majeure event lasts for more than one month, this contract may be terminated at the discretion of INVICTA GROUP or the Customer, without compensation on either side, by notification by registered letter with acknowledgement of receipt. However, the cost of all the work already undertaken by INVICTA GROUP will be due by the Customer.
13.1 In the event of non-performance of one of its obligations by a party, the sales contract concluded between INVICTA GROUP and the Customer shall be automatically terminated in favour of the other party without prejudice to any damages that may be claimed from the defaulting party, 15 days after sending a registered letter with acknowledgement of receipt notifying the breach in question. This period does not apply in the event of non-payment, in whole or in part, in which case INVICTA GROUP may immediately terminate the contract, without prejudice to the recovery of its entire claim and any damages.
13.2 In all cases of non-performance of one of its obligations by the Customer, any amount paid shall be retained by INVICTA GROUP as compensation.
14.1 All drawings, plans, diagrams and in general any element relating to the design, construction as well as all technical or commercial information provided in connection with an offer or order remain the property of INVICTA GROUP, the sole owner of the industrial and/or intellectual property rights on these elements, and may not be reproduced or communicated to third parties without the prior written consent of INVICTA GROUP.
14.2 The Customer undertakes not to make any use of the elements referred to in Article 14.1 likely to infringe INVICTA GROUP's rights.
14.3 The sale of a Product by INVICTA GROUP does not give the Customer any right to the trademarks or other distinctive signs of INVICTA GROUP other than that of a use strictly necessary and reserved for the sale of the product by the Customer.
Unless otherwise specified, the personal data collected is mandatory for the processing of the order and its follow-up. It is processed by INVICTA GROUP for purposes such as customer management and commercial prospecting. The Customer has a right of access and rectification on the data concerning him as well as the right to object, for legitimate reasons, to the processing of such data; the Customer may exercise these rights by contacting INVICTA GROUP; any request must be accompanied by a double-sided copy of an identity document.
16.1 The fact that INVICTA GROUP does not require at any time the strict application of one or more clauses of these general terms and conditions of sale may never be interpreted as a waiver of its right to avail itself of them in the future or as a waiver of another clause or of all the general terms and conditions of sale.
16.2 The nullity of a contractual clause does not entail the nullity of the general terms and conditions of sale.
16.3 These general terms and conditions are written in French, which will prevail over any other version that may be written in a foreign language.
17.1 This contract is governed by French law. The application of the 1980 Vienna Convention is expressly excluded.
17.2 In the event of a dispute, the Court within the jurisdiction of which INVICTA GROUP's registered office is located shall have sole jurisdiction, even in the event of multiple defendants or warranty claims, including summary proceedings.