Catalogue Pébéo

276 CAHIER PRATIQUE - GENERAL INFORMATION - CUADERNO PRÁCTICO 1. APPLICATION OF TERMS AND CONDITIONS OF SALE These terms and conditions (hereinafter the “Terms”) are the basis for contract negotiations between the parties, and any order, unless otherwise agreed in writing by PÉBÉO, is automatically subject to these terms. Unless otherwise agreed in writing by PÉBÉO, all orders are automatically subject to these terms and conditions regardless of the terms that may also appear on the customer’s documents, unless otherwise agreed in writing by the contracting parties. The Terms are considered generally known and accepted upon submission of the first order. Any modifications to the conditions below shall be immediately applicable to orders subsequent to said modifications. No tolerance of any kind by PÉBÉO, whatever the importance or delay involved, can be interpreted as a waiver of these Terms. 2. ORDERS - CHANGES No order received can be amended or cancelled by the customer without prior agreement from PÉBÉO, subject to the products not having already been shipped. In case of acceptance of cancellation, PÉBÉO reserves the right to charge the customer 20% of the order amount, or any costs already incurred if they exceed this handling fee. Orders are delivered while stocks last. In the event of stock shortages, PÉBÉO will inform the customer and may reduce the amount ordered by the customer, including after confirmation of the order, without the customer being able to seek compensation or the cancellation of orders. 3. ORDER PROCESSING The order is prepared when PÉBÉO has received all the necessary information for processing, in particular, precise and up-to-date delivery and billing information, contact name and the delivery consignee as well as telephone and email contact information. If information is missing, PÉBÉO may not be held responsible for delivery delays. If any or all of the delivery address proves to be incorrect, forcing PÉBÉO to return orders to its warehouse, the customer shall be liable for any costs. Moreover, PÉBÉO will be entitled to charge for the cost of shipping as well as any associated costs related to the return orders. Any request to open an account will entail a review of trading and banking references. The first order must reach a minimum of € 800 excluding VAT and its processing time may be up to 3 weeks. A deposit of 30 to 50% may be requested by PÉBÉO in the case of a company being created or if anything suggests a lack of creditworthiness from the customer. The first order may result in a cash on delivery payment. PÉBÉO may be required to increase its prices, in particular in accordance with changes to the price of raw materials. These increases will be communicated to the customer who may refuse to place any further order. For customers in French overseas departments and territories, the minimum order is set at € 375 excluding VAT, which entitles them to free shipping. 4. SHIPPING 4.1. Shipping terms Shipping consists of the transfer of products to a carrier at the PÉBÉO warehouse. Unless otherwise agreed by the customer, the transportation of goods will be organized by PÉBÉO, by truck, boat or plane. Insurance costs shall be borne by the purchaser. If the customer chooses to organise transportation itself, it will take full responsibility and will indicate the mode and carrier name to PÉBÉO prior to pick-up of the order. 4.2. Destination and delivery times Products ordered are delivered to the customer headquarters or to any other address specified in the order, subject to confirmation by PÉBÉO. Delivery times are for information only and may vary depending on the mode of transport. Delivery delays cannot justify cancellation of the order and do not entitle the purchaser to withholding payments or to liability damages. 4.3. Risks and transportation Products ordered always travel at the customer’s own risk and PÉBÉO cannot be held liable for incidents during transport, including destruction, damage, loss or theft. The customer is responsible for insuring the goods during transport. The customer is also responsible for checking the good condition and conformity of the delivery upon receipt, and for recording any detailed reservations on the way bill remitted to the carrier. Moreover, these reservations must be confirmed with the carrier within three (3) days of the date of delivery by registered letter, in accordance with Article L.133-3 of the French Commercial Code. Concurrently, these reservations must be reported to us within the same period, supported by the annotated way bill. 4.4. Returns In all cases, any return is subject to prior and express consent by PÉBÉO. 25% of the total amount shall be deducted for goods shipped prepaid by the distributor after quantitative and qualitative verification of returned products. 5. PRICING Prices are in Euros, excluding all taxes and insurance fees. The products ordered are charged at the prices in force upon order confirmation. PÉBÉO reserves the right to change prices at any time, subject to communicating them before an order is processed. The proposed prices include any discounts and rebates that PÉBÉO may grant considering the customer’s category and/or quantity of products ordered. PÉBÉO reiterates that its product ranges are divided into different product groups known as: - Product group 3: Creative leisure - Product group 4: Fine Art - Product group 5: Children - Product group 7: Painting surfaces - Product group 10: Brushes - Product group 16: Gédéo - Product group 18: Arty’s - Product group 21: MABEF Discounts may be given to customers based on their customer category and the number of product lines held during the year. 6. PAYMENT Unless otherwise expressly agreed in writing, orders shall be paid within a period not exceeding 30 days from the date of issue of the invoice. All orders must exceed a minimum of € 155 excluding VAT. For any order between € 155 and € 375 excl. VAT, a lump sum to the amount of € 20 excl. VAT will be charged for administrative costs and transportation. Exceeding the amount of € 375 excl. VAT, PÉBÉO shall bear the cost of transport. A discount may be granted in the case of cash payment. When advance payment is made within 10 days of the invoice date, a discount of 0.7% will be applied to the total amount excluding VAT, net of discounts and rebates, and credited to the distributor. Invoices are payable by bill of exchange within thirty days from the end of month, unless otherwise agreed between the parties. No dispute or claim authorises the purchaser to suspend payment of an invoice. No compensation or right of retention can be exercised with respect to claims against PÉBÉO, notwithstanding the provisions of Common law. In the event of the distributor’s credit deterioration, late or unpaid payments, deliveries will be made subject to cash on delivery payment. Any rebates will no longer be applied. 6.1. Payment delay or default Payment delay or default Any delay in payment will, by rights, automatically result in late payment penalty charges, at an interest rate of 1.5% per month, payable on the day following the payment date on the invoice. In case of non-payment of an invoice by the due date, PÉBÉO reserves the right to require, in addition, reimbursement of recovery costs at a flat fee set at 10% of the amounts due, without prejudice to the legal late payment penalty charges, in addition to a penalty of € 40 per invoice due. The amounts due for other deliveries or for any other reason shall then become immediately payable, without prejudice to the right of PÉBÉO to suspend or cancel pending orders without prior notice. PÉBÉO may reclaim any delivered and unpaid products. Discounts will no longer be applied. 6.2. Guarantee or payment requirement In case of deterioration of the customer’s financial situation, PÉBÉO is entitled to demand payment for the order upon receipt by the customer of the written order confirmation, subject to it being stated in said confirmation. 7. PRODUCT WARRANTY In order to allow PÉBÉO to appraise its own merchandise and verify claims by the customer of non-conformity or latent defect, or on any other basis, the customer is required to return the items to PÉBÉO, and shall be liable for the costs and risks of returns. After a major product defect is found by PÉBÉO, its only obligation will be to refund the sale price and the cost of return by cheque or to issue a credit note for the corresponding amount. In no case can unilateral appraisal be invoked validly against PÉBÉO. 8. LIABILITY In any case, PÉBÉO’s liability shall be limited to direct, personal and certain damages suffered by the customer, with the express exclusion of repairing any damage and/or indirect and intangible injury such as financial loss, commercial losses, operating losses and loss of turnover. PÉBÉO may not be held liable in the event of non-performance or delay in performing any of its obligations as described herein resulting from force majeure or equivalent (strikes, riots, import bans, floods, etc.). In any event, excluding cases considered reservations, such as those referred to in Article 5.3 hereof, no action can be taken after a period of one year from the event giving rise to the claim. This period cannot be interrupted or suspended. 9. TITLE RETENTION CLAUSE 9.1. Title retention and customer in bonis PÉBÉO shall retain ownership of products ordered and/or delivered until the date of payment in full, including any additional costs. The customer shall take out insurance at its own expense on the goods delivered, covering against the risk of damage, destruction or loss for the period until full payment. In the event that the delivered products are sold before full payment, notwithstanding possible action concerning the unpaid amount, any product of the same type or similar delivered during the last twelve months by PÉBÉO in the possession of the customer, may be repossessed for a value currently estimated equivalent to the amount payable in any capacity whatsoever between the parties. In case of seizure, or any other act by a third party on the products, it is imperative that the customer inform PÉBÉO without delay to allow PÉBÉO to oppose this act and preserve its rights. The purchaser shall not, in addition, pledge or assign as security the ownership of PÉBÉO products. However, if the customer has pledged PÉBÉO products, PÉBÉO reserves the right to withdraw existing products from the customer and all amounts due then become immediately payable as right without formality. 9.2. Title retention and insolvency proceedings The products are sold under a title retention clause and transfer of ownership may not be made until the date of payment in full, including any additional costs. In the event that the customer is subject to bankruptcy proceedings, it hereby undertakes to inform PÉBÉO of this situation by registered letter within fifteen (15) days of the legal decision declaring insolvency, so that PÉBÉO may be able to claim its goods from among the purchaser’s assets, or the price not yet paid. The customer shall ensure that the identification of products is always possible on its premises. The customer agrees to continue the insurance policy covering the risks associated with the products delivered until they have actually been removed from the premises following the claim made by PÉBÉO. 10. TERMINATION In case of breach of contract by one party, any sale will be automatically cancelled as right in favour of the other party without prejudice to any damages that might be claimed against the defaulting party. Termination shall take effect rightfully five (5) working days after sending notice by registered letter without a successful solution. 11. APPLICABLE LAW - JURISDICTION These Terms are subject to the application of French law. Contractual information is presented in French and the products for sale are in accordance with French law. The court with jurisdiction over PÉBÉO head office shall have sole jurisdiction for any dispute arising between the parties in connection with the sale of products or resulting from such a sale. 12. PRODUCT PRESENTATION The characteristics of the products for sale are described on the PÉBÉO website. Photographs of products do not enter into the contract. PÉBÉO may not be held liable should errors occur. All text and images on the PÉBÉO website are protected worldwide under copyright and intellectual property laws; reproduction, even partial, is prohibited. FACTORY / HEAD OFFICE : Parc d'Activités de Gémenos 305, Avenue du Pic de Bertagne 13420 GEMENOS - FRANCE Phone +33 4 42 32 08 08 Fax +33 4 42 32 57 26 CONDITIONS GÉNÉRALES DE VENTE GENERAL SALES CONDITIONS - CONDICIONES GENERALES DE VENTA