CGV

1. General clause
These general terms and conditions of sale (hereinafter referred to as the “VTC”) constitute, in accordance with Article L. 441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties. The CGV shall apply, without restrictions or reservations, to all sales concluded by S&S DISTRIBUTION, of the products of the marks contained in its product catalogue, in the territory of France (Metropolitan and Corsica) and the rest of the world, to professional buyers (hereinafter the “Customers”), regardless of the clauses that may appear on the documents of the Customers, and in particular their general terms of purchase, except for exemptions. In accordance with the regulations in force, S&S DISTRIBUTION reserves the right to waive certain clauses of these VGCs, depending on the negotiations with the Customer, by establishing specific terms of sale. The VGCs are systematically communicated to any Customer who makes the request, so that they can place an order with the help of S&S DISTRIBUTION. Any order for Products implies, on the part of the Customer, the full and unreserved acceptance of these GTCs, as well as the conditions of use of the www.s-sdistribution.com website (hereinafter the “Internet Site”), for orders made on the Website. These CGVs take effect on January 1, 2018, until the day of their modification by S&S DISTRIBUTION. They cancel and replace those previously established. The information and rates on the catalogues and prospectus of S&S DISTRIBUTION are for information purposes and are subject to review at any time. S&S DISTRIBUTION is entitled to make any modifications that may seem useful to it. The prizes and texts of S&S DISTRIBUTION can only be applied during the validity of the catalog, each new catalog canceling the previous one.
2. Command
Orders of Products are placed by Customers at S&S DISTRIBUTION:
by telephone/fax: For France, Corsica and Monaco : +33 1 48 32 55 79, Monday to Saturday from 9am to 5pm
– Fax : +33 1 53 02 96 50
by mail to : S&S DISTRIBUTION - 70 avenue Henri Barbusse, Z.I les Vignes - 93000 Bobigny - France
by e-mail: contact@s-sdistribution.com
on the Website: www.s-sdistribution.com
S&S DISTRIBUTION cannot be held responsible for any difficulty in accessing its website, any disruption or interruption during or after the connection to its website and any consequences related to the use of its website.
3. Contract training
3.1 For orders made on the Website, the Customer is considered to have placed the order as soon as it has accepted these GTCs by validating the order. The customer expressly declares and acknowledges (i) that they have taken full notice of the general terms and conditions of sale and (ii) accept them unconditionally by clicking on the "order" button after having completed and validated the various steps of the order. The information of all required fields is one of the registration and validation conditions of the order. Validation of the order implies acceptance of all of these VGCs and constitutes proof of the sale contract. S&S DISTRIBUTION cannot be held liable for any difficulty in accessing its Website, any disruption or interruption during or after the connection to its Website and any consequences related to the use of its Website.
3.2 For orders made by mail, by e-mail and by fax, the order is materialized by the transmission of the order form to S≡S DISTRIBUTION, which implies full and unreserved adherence to these CGVs.
3.3 For orders placed by telephone, the order is placed orally by the Customer, which confirms its knowledge and acceptance of these VTCs and any specific conditions agreed upon. The Customer also undertakes to provide accurate, complete and sincere information regarding all the questions asked to him. The placing of the order implies acceptance of the entirety of these CGV by the Customer.
3.4 The sales are perfect only after express acceptance of the Customer’s order by S≡S DISTRIBUTION, which will ensure, in particular, the availability of the requested products and, if necessary, after payment by the Customer of the entire price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors to S.”.
3.5 Any modifications requested by the Customer after confirmation of the order may only be taken into account in the event of an express notification to S&S DISTRIBUTION, within the limits of the possibilities of S-S DISTRIBUTION, at its sole discretion and after possible price adjustment. In addition, S&S DISTRIBUTION reserves the right to refuse all orders from Customers with whom disputes exist, as well as any order from Customers in deferred payment, which would not present sufficient solvency guarantees.
3.6 Unless otherwise proven, the data stored computerly by S&S DISTRIBUTION is evidence of transactions with Customers. In addition, in accordance with the provisions of Article 1127-1 of the Civil Code, the VGCs may be retained by any person visiting the Website, by means of a computer registration and may be reproduced by their impression. Unless otherwise proven, the data recorded computerly by S&S DISTRIBUTION is evidence of all past transactions between S&S DISTRIBUTION on its website www.s-sdistribution.com and its customers.
4. Availability
Products offers can be reached within the limits of the available stocks, as specified in the purchase order. In the event of an unavailability of one or more Products after placing the order, the Customer would be notified by telephone, email or mail upon receipt of the information by S&S DISTRIBUTION from suppliers. If necessary, at the Customer’s request, the order will be automatically cancelled and the Customer will be refunded within 15 if the bank account has already been debited. In no case shall S AffectS DISTRIBUTION be held liable for any unavailability of Products or any consequences, as long as the Customer has been informed as indicated above.
5. Price
The prices charged are those on the online catalogue and in effect at the time of the order being placed, subject to significant changes in the purchase prices. The prices are stipulated in euros, excluding tax from our warehouses, VAT in addition. They do not include transportation, any customs charges and any insurance that remains at the expense of the Customer. Prices are firm and are not revisable, since they are based on wholesale purchases, discounted. They are therefore not subject to discounts, additional discounts or discounts for any advance payment.
6. Payment conditions
Unless otherwise specified, the regulation is counted and in whole at the time of order, net and without discount, by transfer, bank card, in case of order on the Website. By exception to these terms and conditions of payment, the invoice is payable by the Customer within 30 days of the date of issue of the invoice, after express acceptance of the file by S&S DISTRIBUTION. The cashing, in case of payment by cheque, is done immediately. Payments made by the Customer are considered final only after actual cashing, by S&S DISTRIBUTION, of amounts due.
7. Penalties and lump-sum compensation for recovery costs
From an express agreement, the default on the fixed maturity will result in the immediate requirement of all amounts due, regardless of the prescribed payment method. S&S DISTRIBUTION also reserves the right to suspend or cancel the delivery of orders pending from the Customer in the event of non-compliance with the terms of payment. Finally, in the event of delay in payment and payment of the sums due by the Customer beyond the time limit, delay penalties equal to 15% of the sums due, as well as a flat allowance of 90 euros due to the recovery costs under articles L. 441-6, I paragraph 12 and D. 441-5 of the Code of Commerce will be automatically and in full right acquired in SBUTRIS, without prejudice to any formality. S&S DISTRIBUTION reserves the right to request additional compensation to the Customer if the actual recovery costs incurred exceeded this amount, upon presentation of the evidence.
8. Special clause intra-community delivery
Upon prior and mandatory receipt and after verification of the intra-community VAT number, a non-tax invoice (tax excl.) will be sent to the subject corresponding to the Products invoiced.
9. Reserve of property
S&S DISTRIBUTION reserves the right to ownership over the Products sold, allowing it to take possession of the Products, in any hand, until the full price is paid by the Customer. All amounts (partial payment) already paid by the Customer will remain acquired at S⋆S DISTRIBUTION as a lump sum allowance, without prejudice to any other actions that it would be entitled to incur against the Customer. These provisions do not preclude the transfer to the Customer, upon removal of the Products by the carrier, of the risks of loss and deterioration of the Products sold, as well as of the damage they may cause. As a result, the Customer is obliged to ensure, at its own expense, the Products ordered, to the benefit of SOLDS DISTRIBUTION, by insurance, the value of the Products, to the full transfer of ownership and to justify to the latter at its request. In the absence of such a document, S&S DISTRIBUTION would be entitled to delay delivery to the submission of this document. The Customer shall not establish a security right in the Products of which the property is reserved for S&S DISTRIBUTION and shall notify S&S DISTRIBUTION without delay of any seizure that would be made on these Products. The claim of the property for which the property is reserved for S&S DISTRIBUTION is carried out by letter ordered with notice of receipt or in any other form provided for by the laws and regulations. All claim costs are borne by the Customer, without prejudice to any damages or interests.
10. Delivery and transport
The Customer acknowledges that it is the carrier’s responsibility to carry out the delivery, as S&S DISTRIBUTION is deemed to have fulfilled its obligation to deliver as long as it has delivered the Products ordered to the carrier that has accepted them without reservation. The Customer is required to check the status of the Products during delivery. In the absence of any reservation or claims relating to delay, loss, damage or non-compliance of the Products delivered to the order, expressly issued and made by the Customer to the carrier, in the legal forms and times and in particular in accordance with the provisions of Article L. 133-3 of the Commercial Code, the Products shall be deemed to be in conformity with the quantity and quality of the order. The Customer shall attach to his or her reservations or claims all supporting documents. Unless otherwise specified, our deliveries are made by one of our carriers to the "no door" within 24 to 48 working days (except bulky parcels and insular delivery) from the confirmation of the order by SASES DISTRIBUTION, subject to the availability in stock of the Products concerned and, where applicable, to the payment of the Price of Products by the Customer. If this delivery is delayed for an independent reason of the will of S&S, it will be deemed to have been made on the agreed date. The overrun of delivery times may not result in the cancellation of the order and does not open any damages or penalties. Participation in shipping costs is fully borne by the purchaser.
11. Right of return
The Customer shall be guaranteed a right of return of 7 frank days from the date of delivery of the Product until the date of delivery in return, the stamp of the position being declared. Returns, excluding guarantees, are not accepted beyond that date. The costs of transporting the return remain to the Customer. Only returns of Products in perfect condition of resale are allowed in their original packaging. The use of the right of return created for the benefit of the Customer a right to an asset of the amount of the returned order. In the event of a withdrawal within the legal framework, the Customer has a 7-day delay from the receipt of the Products, in order to inform S&S DISTRIBUTION of his wish to withdraw through a letter, by e-mail or by mail. In this same time and at its expense, the Customer will also have to return the Products to S&S, in order to obtain the refund.
12. Guarantees
Products delivered by S&S DISTRIBUTION have a one-year warranty period from the date of delivery, covering the non-compliance of the Products to the order and any hidden defects, from a material, design or manufacturing defect affecting the Products delivered and making them unfit for their use. This guarantee is valid only for the new products of the current catalogue bearing the inscription “Garantie 1 ans”. The guarantee forms an all inseparable with the Product sold by S&S DISTRIBUTION. This guarantee is limited to the replacement or reimbursement of non-compliant or assigned products of a vice. S&S DISTRIBUTION will replace or repair products or parts under warranty deemed defective. The repair is provided by S&S DISTRIBUTION, at no cost to the Customer. A similar replacement material may be made available to the Customer, if expressly requested, during the unavailability period. The replacement of defective products or parts will not extend the warranty duration. Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the case of normal wear of the Product or force majeure. Similarly, the warranty may not intervene if the Products have been subject to abnormal use or have been used under different conditions than those for which they have been manufactured, especially in the event of non-compliance with the conditions prescribed in the User Manual. The responsibility of S facingS DISTRIBUTION for hidden defects cannot be incurred beyond that of its own suppliers.
13. Liberation movements
DISTRIBUTION is free from the obligation to deliver in case of force majeure, strike, sinister, interruption in transport, impossibility of being supplied, made by the prince and more generally if any event, independent of his will, prevents the fulfilment of his obligations or significantly increases the cost. In these cases, S&S DISTRIBUTION may either postpone delivery or cancel orders. The Customer will be informed of the difficulties encountered and the fate of the orders. The same circumstances allow S&S DISTRIBUTION to change the nature and number of products proposed or ordered. S&S DISTRIBUTION first informs the Customer and offers one or more replacement products. The Customer is free to accept or refuse the substitution but cannot in any case claim compensation or damages.
14. Intellectual and industrial property rights
The Customer has no intellectual and/or industrial property rights on the Products sold, their packaging, advertising or presentation documents and distinctive signs.
15. Information Technology and Freedoms
Pursuant to the law of 6 January 1978 on computing and freedoms, as amended, it is recalled that the nominal data requested by the Customer are necessary for the processing of his order. This data may be communicated to potential S&S DISTRIBUTION partners responsible for the execution, processing, management and payment of orders. The Customer has, in accordance with the existing national and European regulations, a right of permanent access, modification, rectification and opposition with respect to the information concerning him. This right can be exercised by contacting S&S DISTRIBUTION – 125 Bld Diderot - 75012 Paris– France.
16. Jurisdictional clause and applicable law
These CGVs are in French. In the event that they are translated into one or more languages, only the French text would be credible in the event of a dispute. An express agreement between the parties, these VGCs and the resulting purchase and sale transactions are governed by French law. In the event of a dispute, the parties expressly agree with the jurisdiction of the courts of Paris, even in the case of a warranty appeal by the seller.