PREAMBLE
These terms and conditions of sale are concluded between, on one side:
The company PANIER DES SENS SA, SAS registered in the RCS of Marseille under no. 438 616 476, and whose registered office is located at Parc D'Activité Saint‐Antoine, Boulevard Jules Sebastianelli ‐ 13011 Marseille.
Hereinafter referred to as « PANIER DES SENS SA »,
And on the other side:
Any professional person or entity wishing to make a purchase from PANIER DES SENS
Hereinafter referred to as the « customer ».
SCOPE OF THE TERMS AND CONDITIONS OF SALE
Any order for products from PANIER DES SENS implies the unconditional acceptance of these terms and conditions of sale which override any contrary clause that may be included in the terms of sale, purchase orders or other business documents from the customer.
PANIER DES SENS reserves the right to modify these terms and conditions at any time. In such a case, the general terms and conditions will be those in effect on the date of the customer's order.
ORDERS
Orders placed with PANIER DES SENS, through their representatives or directly with their sales department, are always subject to acceptance. To open a new account, the customer must necessarily provide their bank account details and their trade registry or company numbers.
All orders with a delivery address outside France, Germany, UK, Spain, Netherlands are exworks.
DELIVERY ‐ CLAIMS
Deliveries are made to the address indicated at the time of the order.
Goods cannot be exchanged or refunded. Any claims for credit note should be sent with all evidence by writting to adv@panierdessens.com in 5 working days after delivery.
In case of goods damaged or missing in transit, the customer must make specific written reservations on the delivery slip upon receipt. These reservations must be further confirmed by registered mail with proof of delivery addressed to PANIER DES SENS and to the carrier within three days of delivery.
The delivery time indicated at the time of the order is given for information purposes only and is not guaranteed. However, if the customer is not delivered by the indicative date, he may cancel all or part of the order one month after the letter of formal notice remains without effect.
Under no circumstances shall the delay in delivery give rise to an award of damages.
PRICES AND PAYMENT TERMS
Goods are charged at the rate prevailing on the date the order is placed.
Any change in the VAT rate will affect the final price of products and services.
PANIER DES SENS reserves the right to modify the prices of its products at any time. However, they agree to invoice the ordered goods at the prices specified during the registration of the order.
For the first order, payment is to be made before shipping, according to the proforma invoice or wire transfer.
In case of late payment, PANIER DES SENS may suspend all pending orders. Any amount not paid by the due date shall automatically entail the application of penalties for an amount equal to 10% of the balance due.
Penalties are calculated on the amount of the sums due including all taxes, and are payable without any reminder or letter of formal notice being required. They become automatically effective upon the day following the settlement date on the invoice or, failing that, the thirty‐first day following the date of receipt of goods.
PANIER DES SENS reserves the right, in case of payment problems, to require advance payment for any future orders.
The customer will also be legally required in the event of late payment, to pay the fixed allowance for collection costs under law no. 2012‐387 of March 22, 2012 ‐ the amount of which is fixed by decree. Currently, this amont is EUR 40.
PANIER DES SENS will pass on to the customer a flat-rate cost of 10€ to cover the bank charges incurred in the event of rejected payment. PANIER DES SENS also reserves the right to pass on to the customer the potential extra costs due to the delay in the final payment of the product sold.
Please note also that PANIER DES SENS reserves the right, in case of fluctuation of currency exchange rates, to adjust its sale prices of plus or minus 5%.
ONLINE SELLING
The approved Client undertakes to sell the Products exclusively at a physical location agreed upon and in their original presentation. It may, in addition, sell the Products on the Internet solely subject to written agreement by the company PANIER DES SENS and to any other requirement that may be imposed upon it and brought to its attention by the company PANIER DES SENS in the context of its sales policy on the Internet, without implementing any active sales outside the territory allocated to it (unless agreed in advance).
The below is strictly prohibited:
- Bid on search engine (Google, Yahoo,..) on Panier des Sens brand name and its variations Panier des Sens en Provence/ Paniers des Sens/ Panier de Sens.
- Purchase of any key words of Panier des Sens/ Panier des Sens en Provence/ Paniers des Sens/ Panier de Sens.
- Diffusion of any advertisement campaign in Google Adwords using only the brand name of Panier des Sens.
- Netlinking.
- Diffusion of any Panier des Sens products under price comparators web sites.
In case any of the above prohibitions is breached, PANIER DES SENS reserves the right to terminate the collaboration with the Client immediately.
RETURN OF GOODS
The return process is available by contacting your sales agent, or the sales administration team through adv@panierdessens.com
TERMINATION CLAUSE
In case of payment default within forty‐eight hours after the unsuccessful letter of formal notice, the sale will be automatically cancelled by the seller who may request the return of the goods without prejudice to any other damages.
The remaining amounts for other deliveries become immediately due if the seller does not opt for the resolution of the corresponding orders.
RETENTION OF TITLE CLAUSE
The ordered products remain PANIER DES SENS' property until full payment of the price in principal and charges. As such, if the customer is subject to a court ordered reorganisation or liquidation, PANIER DES SENS reserves the right to claim the unpaid goods sold in the collective bankruptcy proceedings.
FORCE MAJEURE
PANIER DES SENS' responsibility cannot be incurred if the non‐performance or delays in any of its obligations described in these terms of sale are the result of force majeure. In this respect, force majeure shall mean any external, unforeseeable and irresistible event within the meaning of article 1148 of the civil code.
JURISDICTION
Any dispute concerning the interpretation and execution of these general terms and conditions of sale are subject to French law.
Failing amicable settlement, the commercial court of Marseille shall have sole jurisdiction in any dispute relating to the present."