Article 1: Scope
These General Terms and Conditions of Sale apply to all sales concluded by the company PULVE PROTECT with professional buyers (hereinafter the Client), irrespective of the clauses that may appear in the Client’s documents, in particular their general terms and conditions of purchase, and concerning all the products its markets.

These General Terms and Conditions of Sale are provided immediately to each Client on request. In accordance with the regulations in force, the company PULVE PROTECT reserves the right to derogate from certain clauses present in these General Terms and Conditions of Sale, in accordance with the negotiations conducted with the Client, through the drafting of Special Terms and Conditions of Sale.

Furthermore, the company PULVE PROTECT can draw up Category-Specific General Terms and Conditions of Sale that derogate from these General Terms and Conditions of Sale, in accordance with the type of client in question, determined on the basis of objective criteria. In this case, the Category-Specific General Terms and Conditions of Sale apply to all operators that meet the criteria.

Article 2: Orders – prices
Sales only take effect after the express and written acceptance of the client’s order by the company PULVE PROTECT, in particular, confirming the availability of the products requested.

The products are provided at the prices set out in the price list, if applicable, attached to the commercial proposal provided to the client. These prices are binding and cannot be revised during their validity period. Any amendments requested by the buyer will only be considered, within the limits of the possibilities of the company PULVE PROTECT and at its sole discretion, if reported in writing.

In case of cancellation of the order by the Client after acceptance by the company PULVE PROTECT, for any reason whatsoever, except force majeure, the deposit paid at the time the order was placed, as defined in the article “Delivery” of these General Terms and Conditions of Sale, will automatically be acquired by the company PULVE PROTECT and no refund will be given.

If no deposit has been paid, in case of cancellation of the order by the Client after acceptance by the company PULVE PROTECT, for any reason whatsoever, except force majeure, a sum corresponding to 15% of the total invoice will be acquired by the company PULVE PROTECT, by way of compensation for damages.

The products are provided at the prices in force on the day the order is placed, and, if applicable, in the specific commercial proposal provided to the client.

Article 3: Payment terms
Unless otherwise agreed, a deposit corresponding to the total acquisition price for the aforementioned products is required when the order is placed. Unless specifically agreed, the balance of the price is payable in full, on the delivery date, under the conditions defined in the article “Delivery” below.

The price can also be paid in instalments agreed between the Client and the company PULVE PROTECT, during the commercial negotiation, in particular, depending on the volume of products ordered. This instalment schedule will be set out on the invoice provided to the Client by the company PULVE PROTECT.

The company PULVE PROTECT will not be required to proceed with the delivery of the products ordered by the Client if the latter does not provide payment under the conditions and in the manner indicated above.

In case of late payment and payment of the sums due by the Client beyond the timeframe set out above, and after the payment date shown on the invoice provided to the Client, late penalties equal to the rates applied by the Central European Bank for its most recent refinancing operation, plus ten percentage points of the total amount inclusive of taxes of the acquisition price shown on said invoice, will be automatically acquired by the company PULVE PROTECT, without formality or prior notice, without prejudice to any other action that the company PULVE PROTECT may be entitled to bring in relation to this matter.
In case of non-respect of the payment terms shown above, the company PULVE PROTECT reserves the right to suspend or cancel the delivery of all current orders of the Client.
Until receipt of full payment of the price by the Client, the company PULVE PROTECT retains the ownership rights over the products sold, enabling the company to repossess said products. Any deposit paid by the Client will remain acquired by the company PULVE PROTECT by way of fixed-sum compensation, without prejudice to any other actions the company may be entitled to bring in relation to this matter.

In contrast, the risk of loss and damage will be transferred to the Client on delivery of the products ordered. Therefore, the Client is required to insure the products ordered, at their own expense, for the benefit of the company PULVE PROTECT, through an ad hoc insurance policy, until full transfer of ownership and proof of this must be provided to the company on delivery. Failure to do so will entitle the company PULVE PROTECT to delay the delivery until proof has been provided.
No discount will be applied by the company PULVE PROTECT for payment in cash or for payment in advance of the due date shown in these General Terms and Conditions of Sale or on the invoice provided by the company PULVE PROTECT.

Article 4: Discounts, rebates and refunds
The company PULVE PROTECT does not give discounts, rebates or refunds.

Article 5: Delivery
Unless specifically agreed, the products acquired by the Client will be delivered (shipped) within a maximum timeframe of one month from receipt by the company PULVE PROTECT of the order duly signed and accompanied by the deposit.
This timeframe does not constitute a strict deadline and the company PULVE PROTECT cannot be held liable by the Client if delivery is made up to 15 days late.

The company PULVE PROTECT cannot be held liable in case of delay or suspension of delivery attributable to the Client or in case of force majeure.
Delivery is made at the Client’s own risk. The Client is required to check the apparent condition of the products on delivery. In the absence of reservations expressly formulated in writing, by the Client, within 15 days of delivery, the products delivered by the company PULVE PROTECT will be deemed compliant in quantity and quality with the order and no complaint will be accepted.

If a carrier is used, the Client recognises that it is the carrier that is responsible for making the delivery, the company PULVE PROTECT being deemed to have fulfilled its delivery obligation once the goods sold have been sent to the carrier and the latter has accepted them without reservations. The Client cannot make any guarantee claim against the loader, even if it was the supplier, in case of non-delivery of the goods transported.

Article 6: Transfer of ownership – transfer of risks
Ownership of the products from the company PULVE PROTECT to the Client will only be transferred after receipt of full payment of the price by the Client, irrespective of the delivery date of said products.
In contrast, the risk of loss and damage of said products will be transferred from the company PULVE PROTECT on delivery of said products.

Article 7: Liability of the company PULVE PROTECT
In accordance with article 1642 of the [French] Civil Code, the company PULVE PROTECT is not liable for apparent defects that the buyer could have discovered on their own.
In the absence of a contractual guarantee, in accordance with article 1643 of the [French] Civil Code and supplementary to willingness, the company PULVE PROTECT is not required to guarantee against hidden defects.
In any case, the Client must, under penalty of forfeiture of any related action, inform the company PULVE PROTECT, in writing, of the existence of any defects within one month of discovering them.

Article 8 : Disputes
All disputes that may result from this contract, concerning its validity, interpretation, performance, cancellation and their consequences and repercussions will be referred to Commercial Court of REIMS.

Article 9: Applicable law – Language on the contract – Acceptance by the buyer
By express agreement between the parties, these General Terms and Conditions of Sale and the resulting purchase and sale operations are governed by French law.
They are drafted in French. If translated into one or more languages, only the French text will be valid in case of dispute.
These General Terms and Conditions of Sale as well as the prices and lists concerning rebates, discounts and refunds attached, are expressly agreed and accepted by the Client, which declares and acknowledges having full knowledge thereof, and thereby renounces its right to invoke any contradictory document, in particular, its own general terms and conditions of purchase.