Terms of Sale

These General Terms and Conditions of Sale ("Terms") govern the sale of goods between Montandor Andorra S.L.U. ("Montandor", the "Seller") and its professional buyers (the "Client"). They apply to the registered trademarks Montandor Andorra and Securit. Placing an order with the Seller constitutes full and unreserved acceptance of these Terms. The professional Client acknowledges having read them before ordering. This page is a web summary; in case of any divergence with the master contractual PDF signed by both parties, the PDF prevails.

1. Scope

These Terms apply to all commercial transactions between Montandor and its professional buyers, whether based in the European Union, Andorra or a third country. The Seller is established in Andorra, a non-EU State benefiting from specific customs agreements with the EU. For intra-EU sales, these Terms rely on UNCITRAL principles and the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG). They do not apply to consumer sales; retail sales, where they exist, are governed by separate terms published on the relevant online store.

2. Order and contract formation

In accordance with Articles 14 to 24 of the CISG, the contract is formed upon written confirmation of the order by the Seller, by any written means (mail, EDI, electronic platform, transactional email). Order confirmation constitutes acceptance of these Terms, which prevail over any general terms of purchase (GTP) of the Client, save express written acceptance by the Seller. Any modification, cancellation or postponement of a confirmed order requires the Seller's prior written consent and may incur fees. Custom or specific products (private label, personalisation, co-development, dedicated manufacture) are firm and final upon validation and cannot be cancelled, returned or exchanged, except for duly established non-conformity.

3. Prices and invoicing

Prices are expressed in euros, exclusive of taxes, unless otherwise stated. The applicable prices are those shown on the order confirmation. Any discounts, rebates or carriage-paid conditions granted are part of the Seller's commercial policy, defined on a case-by-case basis, and do not constitute an acquired right. Where exceptional cost evolution (transport, raw materials, energy, taxation, customs duties) substantially alters the economic balance of the contract, in line with Article 1195 of the French Civil Code, the Seller may request discussions to adapt the conditions. Invoices are issued on dispatch.

4. Payment terms

Unless otherwise agreed in writing, invoices are payable by bank transfer within thirty (30) days from the invoice date. The Seller reserves the right, for any new Client or where doubt exists as to solvency, to require advance payment or financial guarantees (cash payment, bank guarantee, credit insurance).

Full banking details (IBAN, BIC) appear solely on the invoice issued by Montandor Andorra S.L.U. No banking details are published on this website.

Any late payment automatically triggers, without prior formal notice, late-payment interest at three (3) times the legal interest rate (Article L. 441-10 of the French Commercial Code), plus a fixed recovery indemnity of forty (40) euros per overdue invoice. Where actual recovery costs (lawyers, bailiffs, court fees) exceed that lump sum, additional compensation may be claimed on supporting evidence.

The Client expressly waives any unilateral set-off, deduction or withholding, on whatever ground (penalties, unvalidated credit notes, quality disputes, service-level claims). No penalty, contractual fine or deduction may be applied to the Seller without the Seller's express prior written consent. Any clause in the Client's purchase terms providing for automatic application of penalties or deductions is deemed unwritten, in accordance with Article L. 442-1 of the French Commercial Code.

5. Delivery and Incoterms

Goods are stored and dispatched from the Seller's main logistics warehouse in Grisolles (France, 82170). Any order validated before 1:00 p.m. ships the same day. Mainland France delivery occurs within 24 to 72 hours after dispatch. Delivery times are indicative and do not constitute a firm commitment unless specifically agreed in writing.

• Deliveries within the European Union: unless otherwise agreed, sales are made under DDP – named place of delivery (Incoterms® 2020 – ICC). The Seller arranges transport and bears the customs and tax formalities applicable within the EU.
• Deliveries outside the European Union: unless otherwise agreed in writing, sales are made under FCA – Grisolles warehouse (France) (Incoterms® 2020 – ICC). Risks, transport costs, insurance, customs formalities, taxes, duties and charges related to export and import are transferred to the Client upon handover of the goods to the carrier.

Risk transfers upon handover of the goods to the carrier or, failing that, upon delivery to the Client, in accordance with Article 67 of the CISG. The Client must inspect the goods upon receipt and notify any reservation in writing within eight (8) days.

6. Retention of title

Title to the goods sold remains fully and exclusively reserved to Montandor Andorra S.L.U. until full, effective and irrevocable payment by the Client of all sums due (principal price, interest, penalties, recovery costs, taxes, accessories), in accordance with Article 2367 of the French Civil Code. Payment is deemed made only upon actual and irrevocable receipt of funds. Delivery of a payment instrument, granting of payment delays or partial payment do not transfer title.

Until title transfers, the Client undertakes to keep the goods in perfect condition, to identify them as the Seller's property and to refrain from any resale, transformation, incorporation or creation of security interests, save written authorisation. In case of default, the Seller may reclaim immediate restitution of the goods, at the Client's cost and risk. This retention-of-title clause is fully enforceable in collective insolvency proceedings (safeguard, reorganisation, liquidation), in accordance with Articles L. 624-16 et seq. of the French Commercial Code.

7. Warranty and liability

Any claim for apparent defects, non-conformity or visible defects must be notified in writing within eight (8) days of delivery (Articles 38 and 39 of the CISG). Failing this, the products are deemed accepted without reservation. For hidden defects, the Client has two (2) years from delivery (Articles 1641 et seq. of the French Civil Code).

Where a claim is found valid, the Seller may, at its option, replace or repair the goods or grant a proportional price reduction. The Seller is in no event liable for indirect damages (loss of business, loss of profit, data loss, financial prejudice), in accordance with Article 74 of the CISG. The Seller's overall liability is limited to the total amount of the relevant order, except in cases of gross negligence or wilful misconduct.

8. Returns and after-sales

Any return request, quality complaint or after-sales matter must be submitted via the contact form selecting the "After-sales / Complaint" category. Provide the order reference, a description of the defect and photographs where relevant. No return will be accepted without the Seller's prior written consent and the issue of a return number (RMA). Custom or personalised products are non-returnable, save duly established non-conformity.

9. Force majeure

In accordance with Article 1218 of the French Civil Code and Article 79 of the CISG, the Seller may suspend performance of its obligations in case of force majeure: strikes, natural disasters, epidemics, wars, economic sanctions, embargoes, major failure of transport or telecommunications networks, or any other unforeseeable event beyond reasonable control. In case of delay exceeding thirty (30) days, the Client may terminate the unperformed part of the contract without penalty, and the Seller refunds the corresponding advance payment. The Client's internal economic or financial difficulties, cash-flow shortfalls, internal IT outages, market evolution or activity decline do not constitute force majeure for the Client.

10. Personal data

Professional data exchanged in the commercial relationship (identification, contact, invoicing, delivery) is processed solely for contractual, commercial, logistical, administrative and accounting management, in compliance with the GDPR (EU 2016/679) and the Andorran LQPD. For details on purposes, retention periods, recipients, processors, international transfers and exercise of your rights, see our privacy policy. For any data-related request, use the contact form selecting the "Privacy" category.

11. Governing law and jurisdiction

These Terms are governed by the law of the Principality of Andorra, supplemented by UNCITRAL principles and the rules of the Vienna Convention (CISG) for international sales of goods. The parties shall first seek an amicable resolution of any dispute.

Failing amicable settlement, any dispute arising from the performance or interpretation of these Terms shall be submitted, at the Seller's option, either to the exclusive jurisdiction of the Tribunal de Batlles in Andorra la Vella, or to international arbitration under the UNCITRAL Arbitration Rules, seated in a neutral location agreed between the parties, conducted in English, before a panel of three arbitrators. This clause prevails over any other jurisdiction, save protective or urgent measures requiring immediate judicial intervention, and without prejudice to mandatory consumer-protection rules of the Client's country of residence.