Terms and Conditions of Sale — Business Customers
General Terms and Conditions of Sale
The Company hereinafter refers to Joubert France for the Products and Customers of its Polaire brand, a company registered with the Clermont-Ferrand Trade and Companies Register under number 421 243 841. These General Terms and Conditions of Sale (hereinafter the “GTC”) apply to all products (the term “Products” refers to the services, systems, equipment, and items sold, made available, loaned, or rented, whether for a fee or free of charge) offered by the Company and to all professional customers who are not resellers of the brand’s Products (hereinafter “Customer” or “Customers”). Any order for Products, regardless of its origin, implies unconditional acceptance of the GTC, which supersede any conflicting provisions that may appear in the Customer’s terms of purchase, contracts, documents, or correspondence from the Customer, unless there is an explicit, written waiver previously signed by a duly authorized representative of the Company. It is expressly understood that the Company is not obligated to accept the Customer’s terms of purchase. The fact that the Company does not invoke the application of one or more provisions of the GTC at a given time shall not be construed as a waiver of the right to invoke them at a later date; the Company shall always remain free to demand their strict application. In the event that one or more provisions of these Terms and Conditions are deemed invalid by a competent court, the remaining provisions shall remain in full force and effect.
1. Customer: The Company reserves the right to decline a request to open a Customer account or to refuse to enter into a contract with the Customer for legitimate reasons, such as, but not limited to, lack of credit insurance coverage, the Client’s business practices being inconsistent with the Company’s code of business conduct, or the Client’s non-professional status, without the Client being entitled to any compensation whatsoever.
2. Orders and Pricing
2.1 Proposals, offers—including those in the Company’s printed sales catalog or published online—or quotes issued by the Company are valid only during the period specified by the Company and are governed by these General Terms and Conditions, supplemented or amended by the Special Terms and Conditions where applicable. They are binding on the Company only after confirmation of the orders, or, failing that, upon issuance of the delivery note, or, failing that, upon issuance of the invoice.
2.2 Prices are quoted in euros, net and exclusive of taxes, on an ex-works (EXW – Incoterm ICC 2010) basis at the Company’s headquarters, including standard packaging. In any event, they do not include any loading and unloading costs, transportation costs, customs duties, taxes, or insurance, which remain the responsibility of the Customer.
2.3 Prices are subject to change; our invoices are issued based on the prices in effect on the date of the order. Product prices may increase in the event of a rise in the cost of raw materials or expenses related to production, shipping, or order logistics.
2.4. Orders are deemed accepted only to the extent that inventory is available.
2.5 The Company reserves the right to discontinue the sale of any Product offered to the Customer that appears in the price list or sales materials and/or to make any modifications to the Products related to technical or aesthetic changes that it deems necessary. The Company’s Products comply with the regulations in effect in France at the time of order confirmation.
2.6. When placing their first order, the Customer must create an account. To open an account in their name, the Customer agrees to provide the requested information and warrants that such information is accurate.
3. Payment Terms: The full amount of the invoice for the Products must be paid on the website using the available payment methods.
4. Deliveries
4.1. Delivery Location. Deliveries are made to the country selected at the time of order, at the address provided by the Customer for this purpose. Our carriers are authorized to leave packages in mailboxes or deliver them in person to a commercial area where the carrier can park. For very large items, deliveries are made under normal accessibility conditions (entry and exit) for a semi-trailer. The Customer must ensure that the road infrastructure leading to the delivery location allows for the passage of a semi-trailer. The truck must be able to easily access and maneuver in front of the delivery location. It must be able to unload from the side and drive away forward (or backward) or turn around without difficulty once the delivery is complete.
4.2. Delivery Terms. Deliveries are made either by La Poste, a carrier, or a courier service. The shipping fee, payable by the Customer, is detailed in the “Delivery” step of the ordering process on the website.
4.3 Delivery Times. The shipping or delivery time for the Products is explicitly stated in each Product’s description. These timeframes apply to Products available in stock, for which preparation, packaging, and handover to the carrier are completed within a maximum of 48 hours after the order is confirmed. This timeframe excludes weekends and holidays. The seller shall not be held liable for the consequences of any events beyond its control, including cases of force majeure or those attributable to the carrier, which may delay or prevent the delivery of the ordered Products. However, if the ordered Products have not been delivered within 8 weeks of the estimated delivery date, for any reason other than force majeure, the Customer may cancel their order by sending a registered letter with return receipt requested to the following address: 585 rue Actisère, 38570 Le Cheylas. The Customer will be reimbursed within 30 days of the Seller’s receipt of the registered letter.
4.4 Customer’s Obligations. The Customer agrees to provide, at the time of ordering, all information necessary for delivery to ensure its successful completion (including, in particular, an email address and a phone number where the carrier can reach the Customer during the day). The Customer agrees, on their own behalf or on behalf of the order’s recipient, to accept delivery of the goods at the address provided at the time of ordering. Upon delivery, the Customer or the recipient of the Products must be able, if requested, to provide proof of identity.
4.5 Shipping Terms: In the event of damage, delays, or missing items, it is the recipient’s responsibility to record formal complaints and reservations with the carrier on the delivery receipt, which the recipient must sign and have countersigned by the carrier or its designated driver, date it, and confirm it by certified mail within three days, excluding holidays, in accordance with the provisions of Article L. 133-3 of the Commercial Code. A copy must be sent to our offices. Failure to comply with the aforementioned rules shall mean that the Customer, through their negligence, has made it impossible for the Company to take legal action against the carrier; consequently, the Company shall not be obligated to compensate the Customer.
4.6. Returns: Returns of merchandise are authorized only if the Company has previously approved them and must be sent to the Company, postage and packaging prepaid, to its headquarters (Le Cheylas) in perfect, brand-new condition and without having undergone any modification. The costs and risks associated with returns are always the responsibility of the Customer. The Company’s acceptance is confirmed by the issuance of a return number, which must be legible upon receipt of the return and without the package being unpacked. Any package returned without a return number will be refused, and the Customer shall not be entitled to any compensation. In any event, in accordance with general law, a claim by the Customer regarding all or part of the Products, for any reason whatsoever, if the validity of such a claim is not explicitly acknowledged in writing by the Company, shall under no circumstances authorize the Customer to take the law into their own hands or to withhold payment of any invoice, whether or not it relates to the dispute. In accordance with Article L. 442-6, I, 8 of the Commercial Code, the Customer shall not refuse Products or return Products without the Company having had the opportunity to verify the validity of the complaint raised by the Customer. In the event of defects confirmed by the Company—and only after the Company’s prior written consent—the aforementioned Products may be returned to the Company. Any return accepted by the Company will result in the issuance of a credit memo to the Customer, following a qualitative and quantitative inspection of the returned Products, subject to a 30% discount on the Customer’s actual purchase price. In the event of an apparent defect or non-conformity of the delivered Products, the Customer may receive a credit note for the Products in question, to the exclusion of any compensation or damages. No credit note may be converted into a refund. Credit notes must be used within twelve months.
5. Retention of Title: The Seller retains full and complete ownership of the Products sold until full payment of the price, including principal, fees, and taxes, has been received.
6. Warranty: Service provided under the warranty shall not extend the warranty period. The warranty may only be invoked after the Company has verified the existence of the defect or nonconformity giving rise to the warranty claim. The warranty may not be invoked without the Company’s prior written consent. The warranty does not cover any damage resulting from force majeure, normal wear and tear, improper use, or any damage caused by accidents, negligence, repairs performed by the Customer or a third party, or resulting from storage conditions incompatible with the nature of the Products, or if the conditions for use set forth in the user and installation manual have not been followed. To be admissible, any claim regarding a Product’s non-conformity must be made in writing and submitted within 8 days of the date of purchase, supported by proof of purchase. Warranty claims must be submitted through the warranty claim process on the website. Returns are governed by the “Returns” section of these Terms and Conditions. The absence of a Product does not give rise to any warranty. All our merchandise is warranted against manufacturing defects. This warranty applies only if the Customer has fulfilled the general obligations and, in particular, the payment terms. The warranty is limited to the repair or replacement of the defective merchandise, excluding any related damages, interest, or miscellaneous costs. The warranty does not apply if the user manual provided with each Product has not been strictly followed. Generally, and at the Company’s discretion, the Product will be repaired, or a prorated deduction based on the remaining warranty period will be applied when issuing a credit or refund. No commercial warranty is provided. Unsubstantiated warranty claim: if the Product is repairable, we will prepare a repair estimate, which must be returned, signed, and dated by the claimant. Repairs will be performed only after the estimate has been accepted and paid. This estimate will include the replacement of damaged parts, labor, and the costs of repackaging and reshipping the Product. If the Product is not repairable, an offer to exchange it may be made at your request. If the Customer does not wish to accept the repair or exchange offer, the damaged Product will remain available to them for one month at our warehouse before being destroyed.
7. Liability: The Company shall be released from its obligations in the event of any circumstance beyond its control that prevents or delays the delivery of the Products, which shall be deemed, for contractual purposes, to constitute force majeure and weather-related events. This shall apply, in particular, to events occurring at the Company or its subcontractors, such as: work stoppages, strikes, epidemics, embargoes, accidents, interruptions or delays in transportation, inability to obtain supplies, defects in raw materials, significant changes in the political situation in the Customer’s country, or any other event beyond the Company’s control resulting in partial or total work stoppages at the Company or at its own suppliers. The Company shall not be subject to any penalties in the event of a force majeure event. The use of the goods supplied is the sole responsibility of the Customer. Our technical application advice, whether oral or written, is provided for informational purposes only, is non-binding, and does not relieve the Customer of the obligation to verify for itself that the Products are suitable for the intended purposes. Under no circumstances shall the Company be liable for indirect and/or consequential damages, whether or not arising directly from the performance of its obligations under the contract, such as—without this list being exhaustive—loss of revenue, loss of profits, operating losses, any business disruptions whatsoever; the Customer and its insurer hereby waive any recourse against the Company and its insurers in this regard. The Company’s total and aggregate liability shall not exceed, in any event, the total amount received by the Company under the order or contract in question.
8 Jurisdiction: By express agreement, exclusive jurisdiction for all disputes that may arise between the parties in connection with their commercial relations arising from the GTC is assigned to the competent courts within the jurisdiction of the Company’s registered office, regardless of the place of delivery, the accepted method of payment, and even in the event of third-party claims or multiple defendants, and regardless of the procedural terms of the action brought. Relations with the Customer are governed by French law. In the event that these Terms are translated into a foreign language, only the text written in French shall be considered authentic.
12. Effective Date: These Terms and Conditions supersede and replace all prior general terms and conditions that may appear in the Company’s documents or have been agreed upon by any other means.
13. Unique REP Identifier: FR211959_01GXBD