These general conditions of sale are concluded between MEDIAMART, whose head office is located at 114 rue des vanniers, 40150 SOORTS-HOSSEGOR (hereinafter "MEDIAMART") and any buyer acting for the needs of his business.
APPLICATION - OPPOSABILITY
Any order for products implies the buyer's unreserved acceptance of and full and complete adherence to these terms and conditions of sale, which shall prevail over any condition to the contrary on the part of the buyer (including, without limitation, the buyer's terms of purchase), regardless of when it may have been brought to MEDIAMART's attention, unless MEDIAMART has given its express prior consent. In the absence of any indication to the contrary, any other MEDIAMART document other than these general terms and conditions of sale, in particular catalogs, prospectuses, advertisements and notices, shall only have a non-contractual informative value. The fact that MEDIAMART does not take advantage at a given time of any of the clauses of these general terms of sale does not constitute a waiver of the right to take advantage of these same clauses later. Because of the specific material and immaterial services (signage, specific store layout, staff training, advertising, after-sales service, etc.) provided by exclusive dealers, MEDIAMART reserves the right to apply different pricing, payment, return and shipping conditions to them. Similarly, any wholesale buyer or central purchasing agency operating in a market distinct from retail dealers may be subject to different conditions.
ORDER
Orders are irrevocable for the buyer upon receipt by MEDIAMART unless MEDIAMART agrees in writing to cancel or modify them. Orders can be made by any means but in writing and are honored by MEDIAMART within the limits of available stocks...
PRICES
MEDIAMART's prices do not constitute an offer and may be modified without notice. Products are always invoiced at the rate in effect at MEDIAMART at the time of delivery.
DELIVERY
Deliveries are made according to availability. MEDIAMART is authorized to make full or partial deliveries. Any delivery time given by MEDIAMART is purely indicative without any commitment on its part. If the buyer has made specific requests in this regard, MEDIAMART will make every effort, within the limits of what is economically reasonable, to comply with its requests. Delays in relation to the indicative or desired delivery times will not in any way justify cancellation of the order or any compensation or indemnity of any kind whatsoever. Products are always shipped by the carrier chosen by MEDIAMART. They travel at the risk of the recipient, even in the case of a carriage-paid sale.
RECEIPT-VERIFICATION-CLAIM FOR NON-CONFORMITY
Products must be checked by the buyer upon receipt in the presence of the carrier. In the event of damage or missing products, the buyer must make a note of this on the delivery slip and confirm his or her reservations by registered letter with acknowledgement of receipt, a copy of which will be sent to MEDIAMART, to the carrier within three days of receiving the products. Without prejudice to the foregoing provisions, claims for apparent and visual defects (defects in appearance or workmanship) or non-conformity of the products with the order (including, without limitation, in models, quantities, colors, etc.) must be made, under penalty of prescription, in writing within eight days of receipt.
RETURNS
Under the conditions provided for in Articles L121-20 et seq. of the Consumer Code and in the context of distance selling, the Internet user has a withdrawal period of 14 clear days from the date of his order. The Internet user has a period of 28 days to return the order, which will be reimbursed against the return of the products delivered. Please note that the right of withdrawal of the Internet user begins as soon as the package is sent. In order to facilitate the processing of your return, we advise you to contact us to obtain our advice on the return of your products. The Internet user must return the goods in their original condition, with a copy of the invoice and with the undamaged packaging. The return of goods is at the expense, risk and peril of the Internet user (it is therefore advisable to declare the value of the goods and to take out insurance covering these risks with the carrier).
WARRANTY
Unless otherwise indicated on the product or provided at the time of purchase, the products are guaranteed against any material or manufacturing defect for a period of six months (or if the legal or regulatory period in force is longer, for this longer period), starting from the date of delivery. This warranty, particularly with respect to the time period, does not apply to apparent defects, for which the purchaser, who is a professional in the same field, must make a claim in accordance with the provisions set forth under the heading "RECEPTION-CHECKING-CLAIM FOR NON-COMPLIANCE" above. A latent defect is understood to be a manufacturing defect in the product that makes it unsuitable for its intended use and that could not be detected by the purchaser prior to its use. The present warranty consists solely of the free replacement of products recognized as defective by MEDIAMART, to the exclusion of all others, subject to the provisions of public order. The buyer must provide all justification as to the reality of the alleged defects. MEDIAMART reserves the right to carry out any verification it deems useful. In order to benefit from the guarantee, the product must first be submitted to MEDIAMART's after-sales service upon discovery of an alleged defect, whose agreement is essential for replacement. Defects and deterioration of products caused by abnormal storage and/or conservation conditions at the buyer's premises, or by an accident of any kind (abnormal use, defective maintenance, etc.) or by modification of the product not provided for or specified by MEDIAMART shall not entitle the buyer to the warranty due by MEDIAMART.
RISKS - RETENTION OF TITLE CLAUSE
MEDIAMART retains ownership of the products sold until full payment of the price and all additional costs, duties and taxes that may be added. This provision does not prevent the transfer to the buyer, upon delivery to the carrier, of the risks of loss, theft or deterioration of the products, and the buyer will be required to pay the price even in the event of disappearance due to force majeure or an act of God. It is up to the buyer to take any insurance in this respect. Under the terms of the present general conditions of sale, the purchaser is authorized within the framework of the normal exploitation of his establishment to resell the delivered products. However, it may neither pledge them, nor transfer ownership as security, nor proceed with a global transfer or a lump sum of the stock or part of the stock amicably or judicially without the express written authorization of MEDIAMART and subject to its right to follow. In the event of resale to a third party, the buyer shall assign to MEDIAMART all claims arising to its benefit from the resale to the third party buyer, the sums corresponding to the sale price invoiced by MEDIAMART being pledged to its benefit in accordance with Article 2071 of the Civil Code, with the buyer becoming a simple depositary of the price. Authorization for the buyer to resell products delivered by MEDIAMART shall be automatically withdrawn in the event of the buyer's cessation of payments as determined by a court. MEDIAMART expressly reserves the right to claim products still in stock in the event of the buyer's receivership or liquidation in order to protect the reputation of MEDIAMART brands. In the event that the buyer hands over the delivered products to a carrier or a custodian, the buyer undertakes to have the carrier or custodian date and sign this document, after having indicated by hand that he or she "acknowledges the reservation of ownership clause stipulated in MEDIAMART's general terms of sale" when handing over the products.
PAYMENT
Payments shall be made without discount at MEDIAMART's head office, according to the terms agreed upon and mentioned on the order form and the invoice. For the purposes of this article, payment is not the simple delivery of a check or bill of exchange, but their collection or settlement on the agreed date.
LATE OR NON-PAYMENT-PENALTIES-RESOLUTION
Any sum not paid by the due date indicated on the invoice shall entail the application, at the buyer's expense, of penalties set at one and a half times the legal interest rate. In application of article L.441-6 of the Commercial Code, these penalties are payable by right without the need for a reminder. All bank charges and protest fees as well as stamps for bills of exchange issued in replacement of dishonored bills will be charged to the buyer. In case of payment by bill of exchange, the non-acceptance or the failure to return the bill of exchange will be considered as a refusal of acceptance comparable to a default of payment. In the event of non-payment of a fraction of the price on its due date, cessation of business or transfer of funds, the entire outstanding balance shall become immediately payable by operation of law without the need for any formal notice, protest or other prior formality. In the event of late payment, MEDIAMART reserves the right to suspend all orders in progress and to make any delivery subject to full and prior payment of the corresponding invoice and/or any previous invoice, without prejudice to any other course of action. In addition, any delay in payment authorizes MEDIAMART, at its discretion, to send the buyer a formal notice to pay by registered letter with return receipt or by fax. In the event of failure to pay in full within 48 hours, the sale will be automatically cancelled in favor of MEDIAMART, which may also cancel any order in progress and demand the return of products delivered but not paid for, without prejudice to any other damages. The cancellation will affect not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered and whether or not payment is due. In addition, all rebates, bonuses or other special benefits that have not been applied and paid prior to this resolution will remain acquired by right by MEDIAMART, even retroactively if necessary, as compensation and contractual penalties. Any dispute relating to the resolution or restitution of products will be the exclusive competence of the judge in summary proceedings. Under no circumstances may payments be suspended or be subject to any compensation without the prior written consent of MEDIAMART. Any partial payment will be charged first to the non-privileged part of the debt, then to the sums that are due the earliest.
CONFIDENTIALITY
All technical documents that may be provided to the buyer remain the exclusive property of MEDIAMART, the sole owner of the intellectual property rights to these documents, and must be returned to the buyer upon request. The buyer agrees not to make any use of these documents that may infringe MEDIAMART's intellectual or industrial property rights and agrees not to disclose them to any third party.
JURISDICTIONAL ATTRIBUTION
The competent jurisdiction for any dispute of any nature whatsoever shall be that of the jurisdiction of MEDIAMART's registered office. This clause applies even in the event of summary proceedings, incidental claims, multiple defendants or warranty claims and regardless of the method and terms of payment.
MEDIAMART
114 RUE DES VANNIERS, 40150 SOORTS HOSSEGOR, FRANCE
Tel : 05 58 70 25 05
E-mail : [email protected]
Siret : 500 510 961 00013