• All shipping in Fujairah, Ras Al Khaimah, Ajman, Umm Al Quwain and above a 200km radius will be charged on actuals

In the event of non-compliance with the Free Delivery by the Buyer, a contribution to transport and packaging costs in the amount of 120 AED excluding tax (one hundred- and twenty-dirhams excluding tax) will automatically be due by the Buyer.
Shipping outside UAE (from UAE or Platforms) will be charged as per incoterm and transport cost at the time of shipping.
In all cases, prices may be revised in the event of a significant variation in an element of the price of the Products, a notable increase in the parity with Euro/US Dollar, a significant variation in the cost of raw materials and/or the cost production of the Products and/or the cost of transport. In this case, the Supplier shall communicate in writing its new pricing proposal to the Buyer who must communicate its final position within 30 days (thirty days) from receipt of this proposal. If accepted, the revised net prices replace the net prices then valid and are applicable immediately after this agreement. Finally, in the event of silence from the Buyer, the new conditions are automatically applicable at the end of the period of 30 days (thirty days).

Article 4: DELIVERIES

Available Products from the Delta Plus Stock Plan acquired by the Buyer are generally delivered within 15 (fifteen) days from receipt by the Supplier of the corresponding duly signed purchase order.
Products not available from the Delta Plus Stock Plan, may be offered an equivalence for any item whose expected duration of shortages is 30 days (thirty days) or more.
This delivery time does not constitute a strict deadline, it is only given for information purposes and is subject in particular to the conditions of supply: the Supplier cannot be held liable towards the Buyer in the event of late delivery. This deadline must be negotiated between the two Parties.
In the absence of a sales forecast provided by the Buyer prior to placing the order, the Supplier is not bound by any delivery time.
Any delays cannot give rise to cancellation of the order by the Buyer. No automatic application of late payment penalties or damages is accepted by the Supplier in the absence of supporting information from the Buyer enabling it to establish the existence of damage actually suffered by the latter with proof of causal link between this damage and the delay.
The Supplier's liability cannot under any circumstances be incurred in the event of delay or suspension of delivery attributable to the Buyer or in the event of force majeure.
Fortuitous events or force majeure covering all unforeseeable and insurmountable events (in particular: riots, occupations, war, natural disasters, climatic disturbances, transport strikes, exceptional health or climatic hazards independent of the will of the Parties or any other events comparable to those aforementioned) release the Supplier from all responsibilities, in particular with regard to the delivery of the goods within the contractual deadlines and conditions. Any substantial modification in customs regimes such as bans or restrictions on importing or exporting, tariff changes occurring after the conclusion of the sales contract and preventing or postponing its execution, are comparable to cases of force majeure.
Such cases may lead the Supplier either to suspend execution of the sale or to consider it automatically terminated. The parties undertake in such a case to seek in good faith any alternative solution allowing the Buyer to be normally supplied. If the impediment is definitive, the sales contract is automatically terminated and the Parties are released from their obligations. Whatever the situation, it will be recorded by notification to the Buyer.
The Buyer is required to check the apparent condition of the Products upon delivery. In the absence of reservations expressly expressed by the Buyer by registered mail with acknowledgment of receipt within 48 hours (forty-eight hours) of receipt of delivery, the Products delivered by the Supplier are deemed to conform in quantity and quality to the order.
No complaint will be validly accepted in the event of non- compliance with these formalities by the Buyer.
The Supplier will replace as soon as possible and at its expense, the Products delivered whose lack of conformity has been duly proven by the Buyer.

Article 5: TRANSFER OF OWNERSHIP – TRANSFER OF RISKS:

The transfer of ownership of the Products to the Buyer occurs after full payment of the Price of the Products in principal and in accessories.
The transfer to the Buyer of the risks of loss and deterioration of the Products ordered occurs upon delivery and receipt of said Products, independently of the transfer of ownership, and regardless of the date of the order and payment thereof.
These provisions do not prevent the transfer to the Buyer, upon delivery, of the risks of loss and deterioration of the goods sold as well as the damage they could cause. The Buyer therefore undertakes to take out now an insurance contract guaranteeing these risks.
For sales to foreign countries, the transfer of risks and costs will be carried out according to the ICC Incoterms provided for in the contract, the latest version in force at the time the offer is established.

Article 6: RESERVATION OF OWNERSHIP

The Supplier reserves, until full and effective payment of the price by the Buyer in principal and accessory, a right of ownership over the Products sold, allowing it to regain possession of said Products. Failure to pay any due date may result in the goods being reclaimed and the sale automatically terminated if the Supplier sees fit.
Any deposit paid by the Buyer will remain with the Supplier as lump sum compensation, without prejudice to any other actions that it would be entitled to take against the Buyer as a result.

Article 7: PAYMENT CONDITIONS / PENALTIES

The payment deadline cannot exceed 30 (thirty) days after the date of receipt of the Products. By way of derogation, a maximum period of 45 (forty-five) days at the end of the month after the date of issue of the invoice may be agreed between the Parties, provided that it does not constitute a manifest abuse against the Supplier.
Payments can be settled by advance, cheque, transfer or LCR.
Payments made by the Buyer are only considered final after actual collection of the sums due by the Supplier.
In the event of late payment and payment of the sums due by the Buyer beyond the deadline set above or on any of the due dates, the other due dates become immediately due.
In the event that payment is not made on the due date, and after the payment date appearing on the invoice addressed to the Buyer, Late penalties are automatically and by right acquired by the Supplier, without any formality or prior notice.
Any payment, whatever the method, must be sent to the Supplier's head office to be released.
Finally, any late payment automatically results in the payment of a lump sum compensation for recovery costs, in the amount of 200 AED (two hundreds dirhams), due automatically and without prior notification by the Buyer.

The Supplier reserves the right to request additional compensation from the Buyer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
Late payment leading to the immediate payment of sums due, in the event of non-compliance with the payment conditions set out above, the Supplier also reserves the right to suspend or cancel delivery of orders in progress. on the part of the Buyer.
Unless expressly agreed in advance and in writing by the Supplier, and provided that the reciprocal claims and debts are certain, liquid and payable, no compensation can be validly carried out between possible penalties for delay in delivery or non-conformity of the Products ordered by the Buyer on the one hand, and the sums due, by the latter, to the Supplier, for the purchase of said Products, on the other hand.

Article 8: ISSUANCE OF INVOICES

As part of its CSR approach - social and environmental responsibility - and in accordance with the provisions of the general tax code, the Supplier systematically transmits its invoices to the Buyer electronically, which the Buyer acknowledges and expressly accepts.
To do this, the Buyer communicates to the Supplier, at the latest at the time of ordering, one or more compliant email addresses allowing regular receipt of its invoices electronically. These addresses may be modified at any time at the initiative of the Buyer upon written request addressed to middle.east@deltaplus.eu.
Jointly the Supplier sets up a customer portal online allowing the provision and downloading of its invoices in PDF format so that the Buyer is permanently informed of the invoices issued and the sums due to the Supplier.
Buyers wishing to have paper invoicing must send their request in writing to middle.east@deltaplus.eu.
Otherwise, invoicing transmitted electronically constitutes the only method of sending.
Thanks to the customer portal and electronic messaging, the Supplier makes available to the Buyer and at any time. Consequently, the Buyer cannot under any circumstances rely on non-receipt of an invoice to justify the suspension or non-payment of said invoices.

Article 9: SUPPLIER’S RESPONSIBILITY – GUARANTEE

The Supplier's liability is limited to material defects, certain manufacturing defects or other errors originating from its fault.
Some characteristics of the skin, for leather articles, such as shade of color, veins, speckles or marbling, inherent to the material, cannot be assimilated to material defects.
The warranty forms an inseparable whole with the Product sold by the Supplier. The Product cannot be sold or resold altered, transformed or modified.
This warranty is limited to the repair, replacement or reimbursement of parts or the Product, all at the Supplier's choice, of non-compliant or defective Products. This warranty also covers labor costs.
Any warranty is excluded in the event of misuse (abnormal use, use in conditions different from those for which the Products were manufactured and in particular in the event of non-compliance with the conditions prescribed in the instructions for use), negligence, defect maintenance or failure to carry out the revision of the Product (in particular Products which have undergone modifications or which have not been revised by the Supplier) on the part of the Buyer, as in the event of normal wear and tear of the Product (normal wear and tear of masks, gloves, shoes, clothing, etc.) or force majeure. The warranty is also excluded in the event of deterioration of the Product or accident resulting from shock, fall, negligence, lack of supervision or maintenance, or in the event of transformation of the Product.
In order to assert its rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform the Supplier, by registered letter with acknowledgment of receipt, of the existence of the defects within a maximum period of 3 (three) days from their Delivery.
Failing this, each Delivery made is considered accepted without reservation.
No claim relieves the buyer from paying for the goods according to the terms of the contract.
Replacement of defective parts or Products will not have the effect of extending the duration of the above warranty.
Article 10: RETURN OF GOODS
The Buyer has no acquired right to return goods without prior written agreement from the Supplier and no goods delivered for more than 3 (three) months may be taken back. Furthermore, the Supplier refuses to take back Products deleted or in the process of being deleted from the catalogues. Carriers presenting themselves at the Supplier's docks with returned goods not accepted by the Supplier will be automatically turned away.
No return of goods can take place if the instructions and instructions for use attached to the Products have not been strictly respected, and if a visit (requested by the Supplier) to confirm its liability due to the alleged defect, has not been carried out.
In the case of a return accepted by the Supplier, the goods are returned carriage paid in new condition and in their original packaging (except in the event of a proven defect or order preparation error for which the Supplier proceeds upon removal). The goods must be accompanied by a return slip and a copy of our original delivery slip.
In the event of non-compliance with all these conditions, the Supplier reserves the right not to issue the credit and to destroy the goods within two weeks.
Return: any return acceptance is at the sole discretion of the Supplier.
Any approved return should be subject to a Claim Form. Any approved return shall be subject to a restocking fee of 120 AED or 20% whichever is greater. All returns must be shipped to us freight prepaid and including customs document fees.
Returns will be automatically refused if:

• Any modification has been made or item is considered non-stockable
• Items are not in re-sellable conditions, in original packaging, and with complete documentation
• Items purchased from the Supplier are 3 months or above

Article 11: SAMPLING

Buyer can purchase samples from the Supplier at discounted rate.
The samples given to the Buyer as Free-Of-Cost (FOC) are subject to loan for 1 (one) month. In the event of non-return of these after this period, they will be invoiced “ipso facto” without the possibility of recovery by the Supplier.
Article 12: CONFIDENTIALITY
The studies, plans, photographs, drawings, and documents provided or sent by the Supplier remain its property; they cannot therefore be communicated to third parties for any reason whatsoever by the Buyer.
The same applies to these General Conditions of Sale and the additional documents which may be attached to them.

Any disclosure made without the express prior agreement of the Supplier entails the civil liability of its author.

Article 13: PERSONAL DATA

The personal data collected from Buyers are subject to computer processing carried out by the Supplier. They are recorded in their Customers file and are essential for processing their order.
They are used for the management of the relationship with the Buyer, in particular for the processing, execution and management of orders, prospecting, production, monitoring of requests and files of its customers as well as in the context of invoicing and accounting, particularly for the recovery of Buyer debts.
This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. The Supplier only keeps the data for the duration necessary for the operations for which they were collected, in compliance with the regulations in force. They are kept for as long as necessary for the execution of orders and any guarantees that may apply. In terms of accounting, they are kept for 10 (ten) years from the end of the accounting year. Without prejudice to applicable retention obligations or limitation periods, the Buyer's data is also retained for the duration of the contractual relationship and 10 (ten) years afterwards, for animation and prospecting purposes.
The data controller is the Supplier. Access to personal data is strictly limited to employees of the data controller, authorized to process them by reason of their functions. The information collected may possibly be communicated to third parties linked to the Supplier by contract for the execution of subcontracted tasks, in particular to its service providers responsible for monitoring or recovering customer debts, without the authorization of the Buyer being necessary.
In accordance with the applicable regulations, the Buyer and the persons concerned by the data collected have a right of access, rectification, erasure, and portability of the data concerning them, as well as the right to oppose the processing for legitimate reasons, rights which they can exercise by contacting the data controller at the following postal or email address:

• by email to the address legal.middle.east@deltaplus.eu accompanied by a (scanned) copy of a signed identity document,
• or by post to the following address: ALLSAFE FZE, Warehouse P6/42-43, PO Box 7968, Saif Zone, Sharjah, United Arab Emirates, accompanied by a copy of a signed identity document.

In accordance with the applicable legislation regarding the protection of personal data, the Supplier undertakes to put in place appropriate technical and organizational measures to guarantee the security of personal data and the rights of the persons whose data has been collected.

Article 14: INTELLECTUAL PROPERTY

The Supplier retains all industrial and intellectual property rights relating in particular to patents, trademarks, Products, photos, visuals and technical documentation which cannot be reproduced, represented, communicated or executed without its written authorization.
In accordance with the laws in force, the Buyer is prohibited, under penalty of prosecution, from using, reproducing or representing in whole or in part, the brands, models, creations, catalogues, advertising documents and more generally, all the intellectual property rights of the Supplier.
The Buyer also undertakes not to use the Supplier's brands as a brand, trade name or keywords for any referencing on the Internet, in particular within the framework of a contract that it subscribes to with any which SEO service provider on the Internet.
The Buyer is also prohibited from transmitting to third parties information allowing the total or partial reproduction of the Supplier's brands, models and intellectual property titles, in which case he would be guilty of complicity in the offense of counterfeiting.

Article 15: ETHICS AND COMPLIANCE

The Buyer is involved in a process of improving the social conditions of workers involved in the manufacturing process of its Products and is concerned with respecting the fundamental conventions of the International Labor Organization (ILO), and thus grants its employees:

• Decent working conditions,
• Working hours and wages respecting the applicable legal minimum.

With regard to the environment, the Buyer declares to adopt respectful behavior with regard to the environment and sustainable development, and obliges its suppliers to:

• Comply with local legal obligations applicable to their activity for the protection of the environment (with regard to the use of land, the limitation of waste production and the saving of natural resources by promoting the use of recyclable raw materials ...),

• Never export hazardous/toxic waste without specific and strict authorization.
• Respect the quotas applicable to them in terms of industrial pollution emissions.

The Buyer is involved in the fight against corruption and in favor of ethical practices through the Group's policies, the fight against corruption is decisive for the Supplier.
As such, the buyer agrees to ask its suppliers to:

• Take all necessary measures to fight corruption within its company, with its teams, and outside the company with its own suppliers;
• Guarantee that, during the purchasing manufacturing process, no act of corruption could have taken place.

Article 16: BUYER’S DECLARATION

The Buyer declares and guarantees to the Supplier that:

/ Neither the Buyer, nor any of its managers, nor to its knowledge, any of its employees is engaged in an activity or has committed any act likely to violate any law or regulation in force aimed at preventing or to suppress corruption or money laundering. The Buyer ensures compliance with these laws and regulations;

1. Neither the Buyer, nor to its knowledge, any of its subsidiaries, any of their legal representatives, directors, officers and employees:
2. is a sanctioned person;
3. is a person:
4. owned or controlled by a sanctioned person;
5. engaged in an activity with a sanctioned person;
6. received funds or any other assets from a sanctioned person;
7. does not contravene international sanctions regulations, regardless of geographic location.

The Buyer has implemented and maintains procedures and policies aimed at complying with international sanctions.
The terms used above with a capital letter being defined as follows:
“International sanctions” means any mandatory restrictive measure imposing economic, financial or commercial sanctions (including sanctions or measures relating to embargoes, freezing of funds and economic resources, restrictions applicable to transactions with natural persons or legal entities - hereinafter referred to as "Persons" and individually "Person" - or relating to specific goods or territories) issued, administered or enforced by the United Nations Security Council, the European Union, France, the United States United States of America (including, but not limited to, the Office of Foreign Assets Control attached to the Department of the Treasury or OFAC and the Department of State), or by any other competent authority, including other States, having the power to impose such sanctions.
“Sanctioned person” means any person who is or is subject to international sanctions.
“Sanctioned Territory” means any country or territory subject to or subject to an international sanctions regime prohibiting or restricting relations with such countries, territories or governments.
The accuracy of the above declaration is one of the essential and determining conditions for the signing of the contract by the Supplier with the Buyer.
They will be deemed repeated at the time of payment for each order.

Article 17: TERMINATION OF FULL RIGHTS

If the Buyer does not perform one or more of its obligations, the Supplier is entitled either to suspend execution of the contract or to consider it automatically terminated, all without prejudice. of the Supplier's rights to any damages after simple formal notice addressed to the Buyer. The stipulations set out, either by these General Conditions of Sale, or by the general conditions of each market, do not prevent the Supplier's right to claim compensation for any damage or to exercise any actions not expressly provided for.
It is expressly understood that this termination for failure of the Buyer to fulfil its obligations will take place automatically after sending a formal notice to perform, which remains, in whole or in part, without effect. The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial act.

Article 18: FORCED EXECUTION IN KIND

In the event of failure by the Buyer to fulfil its obligations, the Supplier, victim of the failure, has the right to request forced performance in kind of the obligations arising therefrom. The Supplier may continue this forced execution after a simple formal notice, addressed to the Buyer by registered mail with acknowledgment of receipt, which remains unsuccessful.