GTCS

GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONAL CUSTOMERS

Applicable as of 26 June 2023

General clause
Orders
Formation of the contract
Availability
Prices
Payment terms
Late payment penalties and fixed compensation for recovery costs
Specific clause – intra-community delivery
Retention of title
Delivery and transport
Right of Return
Warranties
Exonerating Circumstances (Force Majeure)
Intellectual and Industrial Property Rights
Data Protection (Information Technology and Civil Liberties)
Recycling
Governing Law and Jurisdiction

1. General clause

These General Terms and Conditions of Sale (hereinafter the “GTC”) constitute, in accordance with Article L.441-6 of the French Commercial Code, the sole basis of the commercial relationship between the parties.
The GTC apply, without restriction or reservation, to all sales concluded by SAS POUSSE MOUSSE COMPAGNIE of products marketed under the “POUSSE MOUSSE” brands listed in its product catalogue (hereinafter the “Products”), within the territory of mainland France and Corsica, the Principality of Monaco, Belgium and Luxembourg, to professional buyers (hereinafter the “Clients”), regardless of any clauses that may appear in the Clients’ documents, in particular their general purchasing conditions, unless expressly agreed otherwise in writing by SAS POUSSE MOUSSE COMPAGNIE.

In accordance with applicable regulations, SAS POUSSE MOUSSE COMPAGNIE reserves the right to derogate from certain provisions of these GTC, depending on the negotiations conducted with the Client, by establishing specific conditions of sale.

The GTC are systematically communicated to any Client who requests them, in order to enable the Client to place an order with SAS POUSSE MOUSSE COMPAGNIE.

Any order for Products implies the Client’s full and unconditional acceptance of these GTC, as well as of the terms of use of the website www.poussemousse.fr (hereinafter the “Website”), for orders placed via the Website.

These GTC take effect on 26 June 2023 and remain applicable until they are modified by SAS POUSSE MOUSSE COMPAGNIE. They cancel and replace all previous versions.

The information and prices appearing in SAS POUSSE MOUSSE COMPAGNIE’s catalogues and brochures are provided for indicative purposes only and may be revised at any time.

SAS POUSSE MOUSSE COMPAGNIE reserves the right to make any modifications it deems useful.

Prices and descriptions issued by SAS POUSSE MOUSSE COMPAGNIE are binding only for the duration of the catalogue’s validity, each new catalogue cancelling and replacing the previous one.

2. Orders

Orders for Products may be placed by Clients with SAS POUSSE MOUSSE COMPAGNIE:

by email: achats@poussemousse.fr
via the Website: www.poussemousse.fr

SAS POUSSE MOUSSE COMPAGNIE shall not be held liable for any difficulty in accessing its Website, any disruption or interruption during or after connection to the Website, or for any consequences resulting from the use of the Website.

3. Formation of the contract

3.1 For orders placed via the Website, the Client shall be deemed to have placed an order once the Client has accepted these General Terms and Conditions of Sale by validating the order.
The Client expressly declares and acknowledges that they (i) have read and understood all of these General Terms and Conditions of Sale and (ii) accept them without reservation by clicking the “order” button after completing and validating the various steps of the ordering process.
Completion of all mandatory fields is a condition for the registration and validation of the order.
Order validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
SAS POUSSE MOUSSE COMPAGNIE shall not be held liable for any difficulty in accessing its Website, any disruption or interruption during or after connection to the Website, or for any consequences resulting from the use of the Website.

3.2 For orders placed by mail, email or fax, the order is formalised by the transmission of the purchase order to SAS POUSSE MOUSSE COMPAGNIE and implies full and unconditional acceptance of these General Terms and Conditions of Sale.

3.3 For orders placed by telephone, the order is placed orally by the Client, who confirms their knowledge and acceptance of these General Terms and Conditions of Sale and any specific conditions that may have been agreed upon.
The Client also undertakes to provide accurate, complete and truthful information in response to all questions asked.
Placing the order implies the Client’s acceptance of all of these General Terms and Conditions of Sale.

3.4 Sales shall only be deemed final after express acceptance of the Client’s order by SAS POUSSE MOUSSE COMPAGNIE, which shall in particular verify the availability of the requested Products and, where applicable, after full payment of the price by the Client.
It is the Client’s responsibility to verify the accuracy of the order and to immediately report any error to SAS POUSSE MOUSSE COMPAGNIE.

3.5 Any modifications requested by the Client after confirmation of the order may only be taken into account subject to express notification to SAS POUSSE MOUSSE COMPAGNIE, within the limits of SAS POUSSE MOUSSE COMPAGNIE’s possibilities, at its sole discretion and after any necessary price adjustment.
Furthermore, SAS POUSSE MOUSSE COMPAGNIE reserves the right to refuse any orders from Clients with whom a dispute exists, as well as any orders from Clients requesting deferred payment who do not provide sufficient guarantees of solvency.

3.6 Unless proven otherwise, data recorded electronically by SAS POUSSE MOUSSE COMPAGNIE shall constitute proof of transactions concluded with the Clients.
Furthermore, in accordance with the provisions of Article 1127-1 of the French Civil Code, these General Terms and Conditions of Sale may be stored by any person visiting the Website by means of electronic recording and may be reproduced by printing.

Unless proven otherwise, the data recorded electronically by SAS POUSSE MOUSSE COMPAGNIE shall constitute proof of all transactions concluded between SAS POUSSE MOUSSE COMPAGNIE, via its website www.poussemousse.fr, and its Clients.

4. Availability

Product offers are subject to availability of stock, as specified at the time the order is placed.

In the event that one or more Products become unavailable after the order has been placed, the Client shall be informed by telephone, email or postal mail as soon as SAS POUSSE MOUSSE COMPAGNIE receives such information from its suppliers.
If necessary, and at the Client’s request, the order shall be automatically cancelled and the Client shall be refunded within fifteen (15) days if the Client’s bank account has already been debited.

Under no circumstances shall SAS POUSSE MOUSSE COMPAGNIE be held liable for any unavailability of Products or for any consequences thereof, provided that the Client has been informed as set out above.

5. Prices

The prices invoiced are those indicated in the online catalogue and in force at the time the order is placed, subject to significant changes in purchase prices.
Prices are stated in euros, exclusive of VAT, ex-warehouse. VAT is charged in addition.
Prices do not include transport costs, any applicable customs duties, or insurance, all of which shall remain at the Client’s expense.

6. Payment terms

Unless otherwise stipulated, payment shall be made in full and in cash at the time the order is placed, net and without discount, by credit card or PayPal for orders placed via the Website.
By way of exception to these payment terms, the invoice may be payable by the Client within thirty (30) days from the invoice issue date, subject to express acceptance of the Client’s file by SAS POUSSE MOUSSE COMPAGNIE.

In the event of payment by cheque, funds shall be deposited for collection immediately.

Payments made by the Client shall only be deemed final after effective receipt of the amounts due by SAS POUSSE MOUSSE COMPAGNIE.

7. Late Payment Penalties and Fixed Compensation for Recovery Costs

By express agreement, any failure to pay by the agreed due date shall result in the immediate enforceability of all sums due, regardless of the payment method provided for.
SAS POUSSE MOUSSE COMPAGNIE also reserves the right to suspend or cancel delivery of any ongoing orders placed by the Client in the event of non-compliance with the payment terms.
In the event of late payment of the sums due by the Client beyond the agreed deadline, late payment penalties equal to 15% of the amounts due, together with a fixed compensation of forty (40) euros for recovery costs, pursuant to Articles L.441-6, I paragraph 12 and D.441-5 of the French Commercial Code, shall automatically and by operation of law become payable to SAS POUSSE MOUSSE COMPAGNIE, without any formality or prior formal notice, and without prejudice to any other action that SAS POUSSE MOUSSE COMPAGNIE may be entitled to bring against the Client in this respect.
SAS POUSSE MOUSSE COMPAGNIE reserves the right to claim additional compensation from the Client if the recovery costs actually incurred exceed this amount, upon presentation of supporting documentation.

8. Specific Clause – Intra-Community Delivery

Subject to the prior and mandatory receipt and verification of a valid intra-Community VAT number, an invoice excluding VAT shall be issued to the taxable person corresponding to the Products invoiced.

9. Retention of Title

SAS POUSSE MOUSSE COMPAGNIE reserves ownership of the Products sold until full and effective payment of the price in principal and ancillary amounts by the Client, enabling it to recover possession of said Products wherever they may be located.

Any sums already paid by the Client, including partial payments, shall remain the property of SAS POUSSE MOUSSE COMPAGNIE as fixed compensation, without prejudice to any other actions it may be entitled to bring against the Client as a result thereof.

These provisions do not prevent the transfer to the Client, as from the time the Products are collected by the carrier, of the risks of loss or deterioration of the Products sold, as well as any damage they may cause.

10. Delivery and Transport

The Client acknowledges that delivery is the responsibility of the carrier, SAS POUSSE MOUSSE COMPAGNIE being deemed to have fulfilled its delivery obligation once it has handed over the ordered Products to the carrier, who has accepted them without reservation.

The Client is required to check the condition of the Products upon delivery.
In the absence of any reservations or claims expressly made by the Client to the carrier regarding delays, losses, damage or non-conformity of the Products delivered, in the legal form and within the statutory time limits, in particular in accordance with the provisions of Article L.133-3 of the French Commercial Code, the Products shall be deemed to be compliant with the order in terms of quantity and quality.
The Client shall attach to such reservations or claims all supporting documents.

Unless otherwise stipulated, deliveries are made by one of our carriers to the “doorstep” within 48 to 72 business hours (excluding bulky parcels and island deliveries) from confirmation of the order by SAS POUSSE MOUSSE COMPAGNIE, subject to product availability and, where applicable, receipt of full payment of the Product price by the Client.
If delivery is delayed for reasons beyond the control of SAS POUSSE MOUSSE COMPAGNIE, it shall be deemed to have been made on the agreed date.

Any exceeding of delivery times shall not give rise to cancellation of the order and shall not entitle the Client to any damages or penalties whatsoever.

11. Right of Return

SAS POUSSE MOUSSE COMPAGNIE grants the Client a right of return of fifteen (15) clear days from the date of delivery of the Product until the date of its return shipment, as evidenced by the postmark. Returns, excluding warranty claims, shall not be accepted after this period. Return transport costs shall remain at the Client’s expense. Only Products in perfect resale condition, in their original packaging, are eligible for return. In the event of withdrawal within the applicable legal framework, the Client has a period of thirty (30) days from receipt of the Products to notify SAS POUSSE MOUSSE COMPAGNIE of their intention to withdraw, by letter, email or postal mail.

Within the same period and at their own expense, the Client must also return the Products to SAS POUSSE MOUSSE COMPAGNIE in order to obtain a refund.

12. Warranties

Products delivered by SAS POUSSE MOUSSE COMPAGNIE benefit from a one-year warranty from the date of delivery, covering non-conformity of the Products with the order and any hidden defects resulting from a defect in material, design or manufacture affecting the delivered Products and rendering them unfit for their intended use. This warranty applies only to Products from the current catalogue bearing the indication “1-year warranty”. The warranty forms an indivisible whole with the Product sold by SAS POUSSE MOUSSE COMPAGNIE. Products may not be sold or resold if altered, transformed or modified.

In order to assert their rights, the Client must, under penalty of forfeiture of any related claim, inform SAS POUSSE MOUSSE COMPAGNIE in writing of the existence of the defects within a maximum period of two (2) years from their discovery.

This warranty is limited to the replacement or refund of Products that are non-compliant or affected by a defect. SAS POUSSE MOUSSE COMPAGNIE shall replace or repair Products or parts under warranty deemed to be defective.

Repairs shall be carried out by SAS POUSSE MOUSSE COMPAGNIE, at no cost to the Client. Similar replacement equipment may be made available to the Client, upon express request, for the duration of the unavailability.

Replacement of defective Products or parts shall not result in an extension of the warranty period.

All warranties are excluded in the event of misuse, negligence or lack of maintenance on the part of the Client, as well as in the event of normal wear and tear or force majeure.

Likewise, the warranty shall not apply if the Products have been used abnormally or under conditions different from those for which they were manufactured, in particular in the event of failure to comply with the conditions specified in the user manual.

The liability of SAS POUSSE MOUSSE COMPAGNIE in respect of hidden defects shall not exceed that of its own suppliers.

13. Exonerating Circumstances (Force Majeure)

SAS POUSSE MOUSSE COMPAGNIE shall be released from its obligation to deliver in the event of force majeure, strikes, accidents, transport disruptions, supply shortages, acts of government, and more generally any event beyond its control that prevents performance of its obligations or significantly increases their cost. In such cases, SAS POUSSE MOUSSE COMPAGNIE may either postpone delivery or cancel the orders. The Client shall be informed of the difficulties encountered and of the status of the orders. The same circumstances entitle SAS POUSSE MOUSSE COMPAGNIE to modify the nature and quantity of the Products offered or ordered. SAS POUSSE MOUSSE COMPAGNIE shall inform the Client in advance and propose one or more replacement Product(s).

The Client is free to accept or refuse the substitution but may not, under any circumstances, claim any compensation or damages.

14. Intellectual and Industrial Property Rights

The Client does not acquire any intellectual and/or industrial property rights over the Products sold, their packaging, advertising or presentation materials, or any distinctive signs.

15. Data Protection (Information Technology and Civil Liberties)

Pursuant to the French Act of 6 January 1978 relating to information technology, data files and civil liberties, as amended, the Client is hereby informed that the personal data requested from the Client are necessary for the processing of the order.

Such data may be communicated to any partners of SAS POUSSE MOUSSE COMPAGNIE responsible for the execution, processing, management and payment of orders.

16. Recycling

SAS POUSSE MOUSSE COMPAGNIE declares that it complies with all obligations incumbent upon it with regard to the collection and processing of waste electrical and electronic equipment for professional use, in accordance with Articles R.543-195 et seq. of the French Environmental Code.

17. Governing Law and Jurisdiction

These General Terms and Conditions of Sale are drafted in the French language. In the event that they are translated into one or more languages, only the French version shall prevail in the event of a dispute.

By express agreement between the parties, these General Terms and Conditions of Sale and the purchase and sale transactions arising therefrom are governed by French law.

In the event of a dispute, the parties expressly agree to submit to the exclusive jurisdiction of the courts of Strasbourg, including in the event of third-party proceedings or warranty claims.