General Terms and Conditions of Sale
These General Terms and Conditions of Sale are applicable in the event of the sale of products by a professional seller (hereinafter referred to as the « Seller ») to a corporate or private customer (hereinafter referred to as the « Customer »), whether he/she/it is a natural or a legal person.
All the articles of these General Terms and Conditions of Sale concern both the corporate customer and the private customer, except Article 13 which only concerns the private customer.
The sale is defined by Article 1582 of the Civil Code as a convention whereby one is obligated to deliver something and the other to pay for it.
The professional seller concerned here is the Puiver company (SARL), with a share capital of € 10,000, whose headquarters are located at 13 rue Carmen, 24100 Bergerac, France, registered with the Trade and Companies Register (RCS) of Bergerac under number 893 092 296.
ARTICLE 1 – PRECONTRACTUAL INFORMATION
The Customer acknowledges having read, before any purchase of products, these General Terms and Conditions of Sale and legal information appearing on Puiver’s online shopping websites, such as:
• The company name of the Seller,
• Its postal address,
• Its registration number in the Trade and Companies Register (RCS),
• Essential characteristics of the products,
• Product prices, VAT and shipping costs,
• Estimated time to which the Seller commits to deliver the products,
• Payment terms,
• Delivery terms,
• Procedures for complaints,
• Guarantee terms.
ARTICLE 2 – SCOPE
The General Terms and Conditions of Sale and other commercial media can be revised at any time by the Seller.
The Customer acknowledges having accepted the General Terms and Conditions of Sale in their entirety before the purchasing of products.
From his/her/its consent, they apply, without restriction or reservation, to all purchases he/she/it made, regardless of any other document, including the Customer’s general purchasing conditions.
Indeed, the General Terms and Conditions of Sale constitute the sole basis of commercial negotiation, pursuant to Article L441-1 of the Trade Legislation.
The General Terms and Conditions of Sale have a duration of ten (10) years, from the date of their acceptance by the Customer. The Seller may modify them, depending on legislative and regulatory evolutions in particular, the version applicable to the purchase of products by the Customer being the one in force on the date the Seller validated the order under the conditions indicated below.
ARTICLE 3 – TECHNICAL IMPROVEMENTS
The Seller reserves the right to make, without notice and at any time, the modifications deemed useful to improve the technical or aesthetic quality of the products.
ARTICLE 4 – PRODUCT PURCHASE PROCESS
To purchase products, the Customer orders them on one of these websites:
• https://puiver.fr
• https://puiver.com
The sales contract is only final after validation of the order by the Seller and financial receipt of the total amount of the products, including VAT and shipping costs.
ARTICLE 5 – PRICE OF PRODUCTS
The prices are expressed in Euros excluding taxes (€ excl. taxes) on the product sheets and supporting documents.
Any additional costs are chargeable to the Customer: insurances, VAT, shipping and customs costs…
Standard or customized products can only be ordered in the quantities mentioned on the online shopping websites.
Promotional offers correspond to the availability of standard products in stock.
They are only applicable if indicated as such on the online shopping websites.
ARTICLE 6 – CONDITIONS OF PAYMENT FOR PRODUCTS
The Customer fills in and validates an order form, under the heading « Basket ».
The products are payable outright when ordering.
Payment for purchases is only possible by credit card through Stripe or PayPal.
The Seller confirms by e-mail that the order and payment have been taken into account.
The ordered products are only delivered to the Customer if the latter has previously paid the total amount, in one single bank transfer. Otherwise, the Seller remains the owner of the products.
ARTICLE 7 – CANCELLATION OF THE ORDER
If the Customer cancels his/her/its order after having paid for it and after having received confirmation by e-mail from the Seller, the payment remains acquired by the Seller and, in any case, will not be refunded to the Customer.
ARTICLE 8 – DELIVERY OF PRODUCTS
If, at the Customer’s request, the Seller accepts specific conditions for packaging and/or transport, the related costs shall be borne by the Customer.
The Seller ensures that the products will be delivered after financial receipt within ninety (90) days, except in case of force majeure beyond the control of the Seller. The period of ninety (90) days does not therefore constitute a strict deadline.
The Seller cannot be held responsible if the Customer suspends, delays or cancels the delivery. The Customer bears all transport risks as well as those that may arise from delivery.
In the event of a delay or absence of delivery of the products, the Customer has no recourse in warranty against the Seller. The Customer must address the transporter his/her/its complaint.
In the event of damage to the packages during transport or unloading, the Customer indicates his/her/its reservations on the transport receipt and sends a registered letter within forty-eight (48) hours to the transporter.
Products are delivered to the delivery address indicated by the Customer when ordering.
Any additional costs associated with a change of delivery address, after ordering, are chargeable by the Customer.
The Customer checks the condition of the packages in the presence of the delivery person.
The Customer signs the discharge given by the delivery person to certify the good condition of the packages.
In the event of non-conformity in quality or quantity, deterioration, defects not apparent at first glance, or even hidden defects in the products, the Customer has a period of seven (7) days from the date of delivery to issue his/her/its reservations to the Seller, with supporting evidence, and to return defective or non-conforming products at his/her/its expense, as soon as possible, to the storage company: ESAT Bertran de Born, Cité de Clairvivre, 24160 Salagnac, France.
If the Seller recognizes that the products are damaged or not in conformity with the order, it then accepts to reimburse the Customer for them.
ARTICLE 9 – LEGAL GUARANTEES ON PRODUCTS
The Customer acknowledges having inquired, before ordering, about the legal guarantees to which he/she/it is entitled, such as:
• The legal guarantee of conformity provided for by the Trade Legislation for the products that are apparently defective, deteriorated or damaged or inconsistent with the order.
• The legal guarantee against hidden defects provided for by the Civil Code, arising from a material, design or production defect affecting the delivered product and making it unfit for use.
To assert his/her/its rights, the Customer informs the Seller within the aforementioned period – in writing and with supporting evidence – of the non-conformity of the products in terms of quality or quantity, and quickly returns to the storage company the products which are defective, affected by a hidden defect or non-conforming, in the state in which they were received: ESAT Bertran de Born, Cité de Clairvivre, 24160 Salagnac, France.
After observation and approval, the Seller reimburses the Customer for the concerned products.
Return costs are chargeable by the Customer.
The Seller cannot be held liable in the event of normal wear and tear of the products, improper use, negligence, lack of maintenance… contrary to the user instructions.
In any case, the Seller’s guarantee is limited to the reimbursement for the defective products, affected by a hidden defect or non-conforming.
ARTICLE 10 – INTELLECTUAL PROPERTY AND INFRINGEMENT GUARANTEE
The Seller retains all industrial and intellectual property rights relating to products and the associated documentation.
The sale of the products does not confer any right upon the Customer on the trademarks or distinctive signs affixed by the Seller on products, nor on the associated documentation.
The Seller remains the owner of all industrial and intellectual property rights on its photographs, presentations, studies, drawings, designs, models, prototypes, brands, logos…
As a result, the Customer refrains from any reproduction or exploitation of the photographs, presentations, studies, drawings, designs, models, prototypes, brands, logos… of the Seller, without the express, written and prior authorization of the latter.
ARTICLE 11 – INSURANCE
The Seller declares to be the holder of an insurance policy guaranteeing the pecuniary consequences upon its tort or contractual liability, likely to be incurred within the framework of the sale of products.
ARTICLE 12 – PROTECTION OF PERSONAL DATA
The Seller only uses the Customer’s personal data as part of their business relationship. The Seller commits to protect them, in particular by taking all necessary precautions to prevent them from being altered or accessible to third parties unrelated to the company. The Seller is prohibited from giving the access of them to third parties unrelated to the company, from selling, renting or assigning them, without the prior consent of the Customer, unless the former is compelled to do so for a legitimate reason. The Seller may transmit them to the employees, service providers and third parties bound by contract with it, without the Customer’s authorization being necessary.
The Customer has the right to access, rectify and delete his/her/its personal data, under the conditions provided for by the law and regulations in force.
To exercise one or more of his/her/its rights, the Customer must send a request by mail to the Seller. Each request must be accompanied by the response address and the photocopy of an identity document bearing the Customer’s signature.
The Customer accepts to be informed by the Seller of products and commercial offers by post, e-mail or SMS, except if he/she/it marks his/her/its opposition.
When consulting the online shopping website, information about the navigation of the terminal may be saved in cookie files. Although they facilitate the navigation on the site, the Customer has the option of refusing cookies.
If necessary, the Customer can file a complaint with the National Commission for Computing and Liberties, namely with the delegate for the protection of personal data.
ARTICLE 13 – RIGHT OF WITHDRAWAL OF THE PRIVATE CUSTOMER
Only the private customer has a right of withdrawal.
This right is exercised within fourteen (14) days from the date of delivery of the products, to the delivery address indicated by the private customer and, in case of absence of the latter, from the date of the first presentation of the delivery person.
The private customer then has sixteen (16) days to return his/her package to the address of the following storage company: ESAT Bertran de Born, Cité de Clairvivre, 24160 Salagnac, France.
Return costs are chargeable by the private customer.
All products must be returned in their original packaging, in perfect condition for resale, and accompanied by the invoice.
The Seller reserves the right to refuse the return, replacement or refund, in the event of deterioration of the packaging and/or the merchandise, but also in the event of an incomplete package.
ARTICLE 14 – FORCED PERFORMANCE IN KIND OF OBLIGATIONS
The party victim of a breach of obligations – therefore the creditor – can, after formal notice, continue their performance in kind, except if this performance is impossible or if there is a manifest disproportion between its cost for the debtor in good faith and its interest for the creditor (cf. Article 1221 of the Civil Code).
After formal notice, the creditor may also, within a reasonable time and at a reasonable cost, get the obligation performed or, with the prior authorization of the judge, destroy what has been done in violation. He/She/It may ask the debtor for reimbursement of the sums committed for this purpose (cf. Article 1222 of the Civil Code).
ARTICLE 15 – EXCEPTIONS FROM NON-PERFORMANCE OF OBLIGATIONS
A party may refuse to perform his/her/its obligation, even though it is due, if the other party does not perform his/her/its own obligation and if this non-performance is grave enough (cf. Article 1219 of the Civil Code).
A party may suspend the performance of his/her/its obligation as soon as it is clear that the co-contracting party will not comply on the due date and that the consequences of this non-performance are grave enough for him/her/it. This suspension must be notified as soon as possible (cf. Article 1220 of the Civil Code).
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the performance of his/her/its obligation by the debtor. If the impediment is temporary, the performance of the obligation is suspended, unless the resulting delay justifies the termination of the contract. If the impediment is final, the contract is rightfully terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 (cf. Article 1218 of the Civil Code).
ARTICLE 16 – DISPUTES
To propose a compromise or a solution to disputes notified by registered letter with acknowledgment of receipt, the recipient has a period of fifteen (15) days from receipt of this letter. This amicable settlement procedure constitutes an obligatory prerequisite for the initiation of legal action between the parties. Any legal action violating this clause is inadmissible. Notwithstanding, if at the end of the fifteen (15) day period, the parties do not find a compromise or a solution, the disputes are then submitted to the competent jurisdiction designated hereinafter.
If the disputes relate to the validity, interpretation and performance of this contract, only the commercial court of Bergerac may be referred.
ARTICLE 17 – LANGUAGE OF THE CONTRACT
The contractual relations between the Seller and the Customer are governed by French law.
In the event of a dispute, only the Seller’s French texts prevail over any other language.