GENERAL TERMS OF SALE FOR PROFESSIONAL BUYERS
Applicable as from 15/03/2021
KRAMPOUZ Professional Customer Service
Telephone number: +33 (0)298 539 292 (cost of a local call in France). Lines are open Monday to Friday, from 8am to 12pm and from 1pm to 5:30pm.
Contact form: https://www.krampouz-pro.com/contact
These general terms of sale (hereafter the “GTS”) are entered into between (i) the company KRAMPOUZ SAS (hereafter referred to as “the Company”) registered with the Quimper Trade and Companies Registry under number 387 558 315, and (ii) its professional customers wishing to make a purchase for professional use only (hereafter the “Professional Customer”) of items (hereafter the “Items”) on the https://www.krampouz-pro.com/ website (hereafter “the Website”).
The Website aims at supplying items for professional and private customers, but the Items differ depending on the intended use of them.
Any order on the Website implies the unreserved acceptance of these GTS.
The Company reserves the right to amend these GTS at any time. The applicable GTS are those in force on the date of placing the order.
The Company recommends that the Professional Customer keeps a copy of these GTS.
These GTS aim at defining the sales conditions between the Company and the Professional Customer, in particular for taking the order, payment, monitoring the order and delivery of the Items.
All orders imply acceptance of the prices and description of the Items available for sale.
The Professional Customer may place an order online for any Item available for sale on the Website.
In the event of the creation of a customer account with a personal username and password, the Professional Customer must ensure that the password is protected and that it is not revealed to any person, as the Professional Customer is personally responsible for each purchase made with the latter’s username and password.
The Professional Customer selects the Item(s) chosen on the Website, and requests an estimate.
The Professional Customer will then receive an estimate by e-mail indicating the price calculated on the basis of the information provided by the latter. The estimate will include the carriage costs and the expected delivery lead times.
The Professional Customer will then have the possibility of accepting the estimate and placing an Order for the Items.
The agreement will be signed upon confirmation of the order by the Professional Customer and will be deemed as acceptance of these GTS.
The prices are indicated on the Website in Euros, excluding taxes. They are increased on the invoice by the taxes legally applicable on the date of the invoice.
The price invoiced to the Professional Customer is the price in force on the date of the order, subject to confirmation by the Company.
The prices are firm upon the Professional Customer’s order. If one or several taxes or contributions, in particular environmental taxes or contributions, should be created or amended, upwards or downwards, this change may affect the sales price of the Items present on the Website.
The Company reserves the right to amend its prices at any time, but the price invoiced to the Professional Customer will be that in force upon confirmation by the latter of the order.
3. PAYMENT TERMS
When confirming their order, the Professional Customers may pay for it:
4.1 Delivery terms
The order will be delivered exclusively in metropolitan France (including Corsica and Monaco) at the address indicated by the Professional Customer.
The Professional Customer undertakes to communicate all information related to the delivery terms (place, recipient, etc.) upon placing the order. This information is binding on the Professional Customer. In the event of an error in the wording of the recipient’s address details or any other information, the Company may not be held liable for any lack of possibility of delivering the Items ordered.
The delivery lead times are given as an indication only, subject to stock availability. They may be reviewed and amended by the Company in particular in the event of late delivery from its factory, or any other factor beyond its control. Late deliveries may not, in any event, give rise to the cancellation of the Order, refusal of Items ordered or the application of penalties or damages.
If the Professional Customer is absent or does not collect the Item, the Professional Customer remains liable for the payment of the price as if the collection had taken place. A delivery notice will be left by the carrier indicating where and when to collect the parcel.
In the event of lack of conformity or visible defect, the Professional Customer should indicate this immediately, as from receipt, and make a claim to the Company within a maximum period of seven (7) days as from receipt of the Items, by e-mail and/or registered letter with confirmation of receipt. Otherwise, the Professional Customer will be irrefutably deemed to have accepted the Items as they are.
5. TRANSFER OF RISKS
The Company undertakes to send the Item(s) to its/their destination; the transfer of risks takes place at the latest upon providing the Items to the first carrier.
Partial deliveries are accepted, unless otherwise stipulated.
The Professional Customer’s attention is drawn to the need to make all reservations in relation to the carrier, where appropriate.
The Professional Customer must check the Items delivered, carefully, upon their arrival, so that the Items that have been damaged by the transport, missing and lost items are recorded as from receipt, on the carrier’s delivery form and accepted by the latter. Otherwise, the Professional Customer may not expect any compensation.
Defects that are not due to the transport but to a lack of compliance with the order must be set forth in a claim sent to the Company, within a maximum period of seven (7) days as from receipt of the items, by e-mail and/or registered letter with confirmation of receipt. After this period, the Items in question will not be taken back or replaced and will not give rise to the payment by the Company of damages to the Professional Customer.
6. WARRANTY OF THE ITEMS
Material defects, hidden defects, standards or specifications errors will only lead to the Company being bound to the simple replacement of the faulty spare parts, with the exception of any other compensation.
The Items are guaranteed for any functional breakdown for twelve (12) months as from their receipt by the Professional Customer, with the exception of:
The warranty does not include the price of the labour and carriage costs, which remain borne by the Professional Customer.
The warranty is not applicable if the Professional Customer changes the Items or uses them improperly.
Replacing products during the warranty period does not extend the warranty period.
The normal maintenance of the Items is not included in the warranty.
7. RETURN OF ITEMS
7.1. Right to withdrawal
It is reminded that the right of withdrawal DOES NOT APPLY to orders placed by professionals.
7.2. Other grounds for returning items
Items may not be returned without prior, formal consent from the Company. In the event that a Professional Customer wishes to return an Item, the latter should request this beforehand, in writing and with grounds, sent to the Company.
The carriage costs will be borne by the Professional Customer.
Any accepted return will entail, after checking the returned Items, as chosen by the Company:
9. RESERVE OF TITLE – CLAIM
The Items shall remain the ownership of the Company until full payment of the price (principal amount and ancillary costs), where this reserve of title is valid in light of the law applicable to the agreement.
The communication of a deed creating an obligation to pay (draft, etc.) does not constitute a payment as stipulated in this article.
The reserve of title does not alter the transfer of risks as stipulated in Article 5.
In the event of lack of payment by the Professional Customer on the date indicated, the Company may claim the return of the Item(s) not yet paid for, at the Professional Customer’s expense and risk, after sending a registered letter with confirmation of receipt. If, after a period of three (3) months, the Professional Customer has not paid the amount due, the Company will be entitled to claim compensation for the losses caused to it, by written notification sent to the Professional Customer.
The compensation must not exceed the sales price of the Item(s).
These GTS set forth all of the obligations and responsibilities of the Company as regards the supply of the Items. As authorised by the applicable law, the Company refuses any guarantee of any kind, whether explicit or implicit, and all terms and conditions other than those specifically indicated in these GTS.
More specifically, the Company is not responsible for the suitability of the Items with the uses intended by the Professional Customer.
The Company’s liability may not be incurred where the lack of performance of its obligations may be attributable either to the unforeseeable and unavoidable deed of a third party to the agreement, or to a force majeure situation as defined by case-law examples.
Similarly, the Company’s liability may not be incurred for any inconvenience or damage related to the use of the Internet network.
12. INTELLECTUAL PROPERTY
The reproduction or use of any distinctive sign of the Company is only authorised with the latter’s written consent.
The Company requires that its Professional Customers, representatives, partners and subcontractors comply with the legal provisions in force when performing their activities and in particular regarding commercial, social, environmental and societal aspects, and anti-corruption. The Professional Customer undertakes to take all necessary measures for guaranteeing compliance with the regulations applicable in the country of marketing.
14. FULL AGREEMENT
These GTS comprise all of their clauses. The fact of not taking advantage, at a given time, of one of the terms of this document, may not be deemed as a waiver to take advantage of these same terms at a later date.
In the event that one of the clauses becomes null and void due to a change in legislation, regulation or court decision, this would not have any effect on the validity and compliance of these GTS.
These GTS apply as from the date of application and for the whole period during which the Items are offered for sale online by the Company.
16. FORCE MAJEURE EVENT
All of the Company’s commitments will be suspended or cancelled in all cases in which the lack of performance of an obligation is caused by a force majeure event as defined by article 1218 of the French Civil Code. In this case, the total or partial lack of performance of obligations may not give rise to compensation and the delivery lead times will be adjusted in order to take into account the events considered as force majeure events.
17. CANCELLATION CLAUSE
In the event of breach by the Professional Customer of any of the latter’s obligations, the Company maintains the right, in its sole discretion, to acknowledge the cancellation of the sale, fifteen (15) days after sending formal notice by registered letter with confirmation of receipt, remaining unheeded.
The nullity of one of the provisions of these general terms of sale does not entail the nullity of all of these general terms of sale.
19. FORESEEABLE LACK OF PERFORMANCE
Notwithstanding the other provisions of these GTS regarding suspension, each party is entitled to suspend the performance of its contractual obligations, when it is evident from the circumstances that the other party is unable to perform its obligations.
The party suspending its obligations must inform the other party, in writing, immediately.
20. APPLICABLE LAW AND JURISDICTION
These GTS are subject to French law.
In the event of a dispute related to these GTS, an out-of-court solution will be sought before any court action.
Any dispute related to the sales of the Items made by the Company and the application or interpretation of these general terms will be referred to the exclusive jurisdiction of the Commercial Court in Quimper, France.