Conditions Generale 

GENERAL CONDITIONS OF SHIPPING

Article 1.

1(1) These General Shipping Conditions (CGE) apply to all shipping contracts

That is those passed between, on the one hand, a client (natural person or legal entity, acting for private or professional purposes) (hereinafter “the client”) and, on the other hand, the company Sarl Le Forestier (hereinafter “ADF” trading name Sarl Le Forestier”) located at Le Forestier, Teyjat 24300 France.

The shipping contract may possibly be accompanied by the provision of one or more additional services defined in Article 4 of the CGE.

These CGE are not applicable to services other than shipping, nor to purchases of goods from ADF, unrelated to a shipping contract which are governed by the General Conditions of Sale of ADF.

1(2) As part of the shipping contract we require the duly completed and signed form of Procuration from the Client and acceptance of our Terms and Conditions.  ADF will provide the related forms, quotes and invoices. The General Conditions of Transport of the partner Transport company used by ADF can be provided upon request.

1(3) No deviation from these T&Cs or from the shipping contract will be permitted, unless this has been expressly accepted in writing by ADF.
Any exemption from the General Conditions of Transport of ADF's partner transport company must have been previously accepted in writing by the latter.

1(4) The CGE take precedence over any deviating document emanating from the client.

Article 2. Execution of the shipping contract.

2(1) The transport of goods and merchandise from the point of pick-up to the recipient is carried out by ADF and or the partner transport company of ADF mentioned on the Devis. Consequently, any shipping contract implies the client's adherence to the General Conditions of Transport of ADF's partner transport company which the client declares to be aware of, having been provided with the details prior to signing the form of Procuration.
2(2) Sarl Le Forestier is not responsible or liable for the execution of the transport and is not guarantor of the facts of the partner transport company of ADF and/or its substitutes.
2(3) Client Obligations.
In the event that the client delivers goods and/or merchandise to ADF that contravenes the Conditions imposed by ADF's partner transport company, he alone will bear the consequences without recourse against Sarl Le Forestier. Weapons will only be allowed to be shipped on the condition that the client accepts the waiver of any recourse against Sarl Le Forestier and/or ADF's partner transport company.

Article 3. Customs clearance.

ADF is authorised to carry out customs clearance operations on behalf of the client or to entrust them to a third party such as ADF's partner transport company.
However, compliance with customs regulations is solely the responsibility of the client. The client will pay Sarl Le Forestier upon request for the costs of taxes and fees resulting from customs clearance or will pay, upon first request, a deposit of an amount sufficient to cover ADF for any sums which it would be required to advance to carry out its operations.

Article 4. Additional services.

4(1) Packaging service.
The client has the possibility of obtaining the packaging service offered by ADF, upon payment of the price indicated on the Devis.
In the case of goods requiring special packaging precautions for their transport, the client must inform ADF in writing, his responsibility cannot be engaged in the event that the specifics relating to the goods have not been mentioned.

Article 5. Liability.

ADF is not responsible for losses, damage or delays attributable to ADF's partner transport company or third parties.

Whilst every care is given, ADF cannot be held responsible for any cause and for any reason whatsoever, for any loss or damage occasioned in the operation or the provision of their services, including seizure of goods by Customs Officers or any additional costs, charges or penalties, deemed legal or otherwise occasioned in the seizure or release of the goods. In signing and retuning the form or Procuration, the Client accepts these terms.

In the movement of firearms and related goods in and out of the European Union it is impossible to purchase an effective policy of insurance.  Therefore the client is to assume that in the event of loss or damage to goods by whatever means, including the seizure by Customs, whether temporary or permanent, the loss is solely that of the client.  The company (ADF) will not be liable in any sense or any circumstances for such losses.  In addition, in the case of customs seizures, the client will be responsible for those costs incurred by ADF, or their part thereof, in securing the release of those goods being the property of the customer.  This may include legal fees, customs penalties or charges, storage and additional transport costs.  These charges (on an apportioned basis relating to the value of the goods seized) will be invoiced once the goods have cleared customs after seizure in the destination country.  In the event that the charges are not paid within 30 days a penalty of 5% of the value of the goods will be imposed per week to cover administration and storage charges.  Once the goods have reached the destination country if they are to be forwarded to the client or his agent by third party courier insurance is normally available upon request.  However, that insurance will rarely cover the value of the goods.

The client agrees that ADF bears no liability for the loss or damage of any goods being transported by third party couriers, however caused, and furthermore agrees that in the event of such loss and a claim under the insurance policy provided by the third party courier, the client will deal with such negotiations and bear any cost occasioned therein in making such a claim.

Article 6. Payment conditions.

Any order for shipping services and additional shipping services is payable by the client to ADF on the day of signing the contract, by the means of payment indicated on the Devis.

If payment deadlines are agreed, these cannot, under any circumstances, exceed 30 days from the date of issue of the invoice for all services performed by ADF.
In the absence of payment on time, the client will automatically be liable for a late payment penalty of an amount equal to the interest rate set at three times the legal interest rate and a fixed compensation for costs. recovery of €40.00.

When the recovery costs incurred are greater than the amount of this fixed compensation, ADF may request additional compensation upon justification.

Article 7. Right of conventional lien.

ADF has a right of conventional lien carrying a right of general and permanent preferential retention on all goods and merchandise entrusted to it, as guarantee of payment of all sums owed to it by the client.

Article 8. Prescription.

In the event of contention, all liability actions arising from the execution of services performed by ADF are subject to a limitation period of one year from the execution of the disputed service and in terms of duties and taxes recovered a posteriori from of the notification of the adjustment.

Article 9. Personal data.

Your personal data will be processed in compliance with the applicable regulations regarding the protection of personal data (arising in particular from European Regulation 2016/679 on the Protection of Personal Data which entered into force on May 25, 2018).

Article 10. Jurisdiction clause.

In the event of a dispute or dispute, only the Perigueux Commercial Court will have jurisdiction even in the event of multiple defendants or a warranty claim.

Article 11. Final provisions.

French law governs all legal relations between the client and ADF.
If one of the provisions of these T&Cs should be considered void or inapplicable for any reason whatsoever, the other provisions of the T&Cs will remain valid.

Article 12. Complaint and Mediation.

If within 21 days of sending your complaint, the response to your request does not satisfy you, you can then contact the Franchise-Consumer Mediation Commission (MFC) whose contact details are as are available upon request.

Updated October 2023