Article 1 — Preamble
These terms of sale apply exclusively between Pielno SARL (hereinafter “We”) and the Buyer, any natural or legal person registered as a professional customer with Pielno SARL (hereinafter “You”), for all orders and purchases made through our website (hereinafter the “Site”), by telephone, email, fax or through a sales agent mandated by Us.
These terms are deemed known and accepted without reservation for all transactions carried out between You and Us.
Article 2 — Contract
2.1 Conditions for placing an order
You acknowledge that you are at least 18 years old and have legal capacity and, where applicable, are duly authorised to act on behalf of the legal entity, duly formed, for which You are contracting in accordance with and in compliance with its corporate purpose.
Any act exceeding the corporate purpose set out in the articles of association of the legal entity for which You contract may not be invoked against Us.
2.2 Order
After placing your order on our website, We send You an email containing the details confirming it. We inform you of the dispatch of your items as soon as they are shipped.
For orders placed by manual or handwritten purchase order, only the order confirmation sent by email shall constitute confirmation, in the absence of an order placed through our website.
It is your responsibility to verify that the items appearing in the confirmation correspond to what You wish to order.
Article 3 — Price, availability and delivery
The prices stated are indicated simultaneously in euros excluding tax and in euros including all French taxes (French VAT and other applicable taxes), excluding shipping costs and the processing fees for your order.
We may accept your orders within the limits of available stock. We inform You of the availability of items sold on the Site on the information page of each item. For orders placed outside our Site, the availability of items can only be confirmed after your order has been entered. Delivery times are indicative and we shall not be held responsible for an incorrect time attributable to the chosen carriers.
If, despite our vigilance, the items are unavailable, We will inform You as soon as possible.
In the event of unavailability of items, We reserve the right to:
- substitute a replacement item with equivalent characteristics; or
- partially ship your order with later dispatch of the unavailable items.
In the event that an item is not available and no replacement item can be delivered to You, your payment card will be re-credited with the amount of the undelivered item if payment was made by card.
For orders delivered outside the European Union, French VAT will be removed. Upon prior provision of a valid intra-community VAT number identifying You, VAT may be removed from goods delivered within Your member state.
Article 4 — Customs duties
Any order placed and delivered outside France may be subject to any taxes and customs duties imposed when the parcel reaches its destination. These customs duties and any taxes related to the delivery of an item are borne by the recipient and fall under Your responsibility. We are not required to check and inform You of the applicable customs duties and taxes. To find out about them, We advise You to enquire with the competent authorities of your country.
Article 5 — Payment
5.1 Payment methods
You may pay by payment card (Visa, MasterCard or Amex), by bank transfer or by SEPA direct debit.
Our bank details are available upon simple written request by email or may appear on our commercial documents.
In the event of payment by bank card, the amount of your order is debited instantly upon ordering.
5.2 Due date and late payment
In principle, any order placed is payable before the shipment of the goods, unless otherwise stated and/or with our express agreement.
We will only send the ordered goods from the time of their payment, unless a special particular agreement grants a payment term.
Article 6 — Retention of title and transfer of risk
The goods delivered and invoiced shall remain our property until full payment of the corresponding invoice.
Risks are transferred to You upon delivery, in the event of loss, damage and/or destruction of the delivered goods.
Article 7 — Warranties and liability
7.1 Characteristics
Our products are warranted, except for consumable items or those with an expiry date and/or unless otherwise stated, for 12 (twelve) months from their date of purchase. In the event of malfunction of the delivered item within the period and in the context of normal use in accordance with the item's instructions for use, We undertake to repair the defective item and/or replace it at Our discretion.
We decline all liability in the event that the delivered item does not comply with the legislation of the country of delivery other than France.
We undertake to apply all the care customary in the profession for the implementation of the service offered to the customer. Nevertheless, our liability cannot be incurred in the event of a breach of our contractual obligations due to a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.
7.2 Scope
Our liability shall not be incurred in the event of a delay due to a stock shortage. Furthermore, in the event of non-substantial differences between the presentation photos of the items on our Site or publications, texts and illustrations, and the items ordered, our liability shall not be incurred.
We implement all the means at our disposal to ensure the services covered by these Terms and Conditions of Sale. Under no circumstances shall We incur liability for loss of profits, commercial losses, loss of data or loss of earnings or any other indirect damage.
7.3 Delivery delays
The delivery times indicated when placing your order are indicative times which are understood to be in addition to the product's dispatch time of 1 (one) business day, or as specified where applicable and with the exception of products ordered with customisation.
In the event of delivery outside the indicative times, We decline all liability and shipping costs are not refundable.
Only an expressly guaranteed service offers a fixed time guarantee and, in the event of failure to meet the indicated delivery time, shipping costs are refundable. Excluded from the refund of shipping costs for a guaranteed service are orders submitted within the guaranteed time which, either due to (i) the absence of the recipient or an insufficiently precise address, (ii) a case of force majeure or (iii) customs procedures, could not be delivered on the scheduled day.
Article 9 — Governing law and competent jurisdiction
These terms and conditions of sale are subject to French law and the Vienna Convention on Contracts for the International Sale of Goods. All disputes relating to the commercial relationship existing between You and Us are subject to the exclusive jurisdiction of the Commercial Court of Le Mans (72000).