{"id":19119,"date":"2026-10-05T18:07:24","date_gmt":"2026-10-05T18:07:24","guid":{"rendered":"https:\/\/www.polaire.eu\/terms-and-conditions-of-sale-reseller\/"},"modified":"2026-10-05T18:07:24","modified_gmt":"2026-10-05T18:07:24","slug":"terms-and-conditions-of-sale-reseller","status":"publish","type":"page","link":"https:\/\/www.polaire.eu\/en\/terms-and-conditions-of-sale-reseller\/","title":{"rendered":"Terms and Conditions of Sale \u2014 Reseller"},"content":{"rendered":"

General Terms and Conditions of Sale<\/strong><\/p>\n

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 \u201cGTC\u201d) apply to all products (the term \u201cProducts\u201d 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 reseller customers of the brand (hereinafter \u201cCustomer\u201d or \u201cCustomers\u201d). Any order for Products, regardless of its origin, implies unreserved acceptance of the GTC, which supersede any conflicting provisions that may appear in the Customer\u2019s terms of purchase, contracts, documents, or correspondence from the Customer, unless expressly waived in writing and previously signed by a duly authorized representative of the Company. The GTC are established in accordance with the principle of transparency that governs the relationship between the Company and the Customers and constitute the sole basis for negotiations between the parties and the framework for the commercial relationship. The Customer agrees to negotiate in good faith any annual agreements that may be entered into between the parties and not to exclude the GTC as a matter of principle in favor of its own general terms and conditions of purchase. It is expressly understood that the Company is not obligated to accept any terms of purchase or requests from the Customer that are unreasonable, derogatory, or excessive in relation to the GTC. 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, as the Company remains free at all times 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.<\/p>\n

1. Customer:<\/strong> 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\u2019s business practices being inconsistent with the Company\u2019s code of business conduct, or the Client\u2019s non-professional status, in which case the Client shall not be entitled to any compensation of any kind.<\/p>\n

2.<\/strong> Orders and Pricing<\/strong><\/p>\n

2.1 The information contained in catalogs, brochures, and price lists\u2014whether in paper or electronic form\u2014is provided by the Company for informational purposes only, and the Company reserves the right to make changes at any time to both the Products and their prices, referred to as the Supplier Price List (SPL). When determining a price agreed upon at the conclusion of an annual agreement, the Company shall provide the Customer with all supporting documentation justifying the request for a price change. The Customer must respond within two months. Unless the Customer provides justification for refusing the price change, the new price will take effect no later than two months after the request.<\/p>\n

2.2 Proposals, offers\u2014including those in the Company\u2019s printed sales catalog or published online\u2014and 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 orders, or, failing that, upon issuance of the delivery note, or, failing that, upon issuance of the invoice.<\/p>\n

2.3 Prices are quoted in euros, net and exclusive of taxes, on an ex-works (EXW \u2013 Incoterms 2010) basis at the Company\u2019s 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.<\/p>\n

2.4 Prices are subject to change; our invoices are issued based on the prices in effect on the date of order confirmation. 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. Commitments made by the Company\u2019s representatives are valid only upon written approval by the Company\u2019s sales management. The current price is valid only for a quantity corresponding to the item\u2019s packaging as specified in the Company\u2019s price proposal.<\/p>\n

2.5 All orders must be submitted to the Company by mail, email, fax, EDI, or telephone. Orders are deemed accepted only to the extent that inventory is available.<\/p>\n

2.6 In any event, the Company reserves the right to suspend fulfillment of the order if a financial risk or any other factor likely to jeopardize delivery arises on the part of the Customer. Acceptance of an order may be contingent upon the Customer providing security, particularly in the event of the Company\u2019s insolvency, dissolution, or restructuring, or in the event that the Customer\u2019s real property is mortgaged or its business assets are pledged as collateral.<\/p>\n

2.7 Any modification or cancellation of an order by the Customer will be considered only if it is received by the Company in writing before preparation of the order has begun and subject to the Company\u2019s prior written acceptance. Changes made after the order has been placed may result in additional costs, which will be communicated to the Customer for approval, or may cause a delay in the delivery of the order in question.<\/p>\n

2.8. The Company reserves the right to discontinue the sale of any Product offered to the Customer listed 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 appropriate, provided such changes have no impact on either quality or price, after first notifying Customers with a pending order or an ongoing promotional campaign, provided that a notice period of eight weeks is observed, and without any obligation on the part of the Company to make these same modifications to Products previously delivered or currently being delivered, and without giving rise to any right to compensation or damages, even in the event of failure to comply with the aforementioned notice period. The Company\u2019s Products comply with the regulations in effect in France at the time of order confirmation.<\/p>\n

3. Payment Terms:<\/strong> Each invoice issued will incur a \u20ac3 (excluding tax) administrative fee. For special invoicing requests (outside our standard procedures), such as, but not limited to, systematic issuance of duplicate invoices, reprinting of all delivery notes, inclusion of order copies, or electronic invoicing, these fees amount to \u20ac20 (excluding tax) per invoice. The provision of routine information, such as purchase statistics, numerical breakdowns, and data in formats specified by the Customer, is billed at a rate of \u20ac500 (excluding tax) per day, with a minimum charge of \u20ac125 (excluding tax) for each new edition. Invoices are payable within thirty days of the invoice date via any of the payment methods listed on the account opening form. In the absence of specific instructions at the time of account opening, the payment method is deemed to be a direct bank draft not subject to acceptance. Cash discounts apply only to the value of the goods and not to miscellaneous charges. This deduction automatically results in a reduction of the tax refund to the Treasury for the taxes listed on this invoice. In accordance with Law No. 92-1442 of December 31, 1992, a 2% discount will be applied for payment made within 10 days. VAT will be recalculated. In the event of a delay in full or partial payment, the following will apply, effective from the first day following the due date: late payment penalties calculated by applying a rate equal to three times the statutory interest rate in effect to the amounts due, for a period corresponding to the number of days of delay between the due date stated on the invoice and the actual payment date. These penalties will be billed to the Customer. Under no circumstances shall these provisions be construed as implying an extension of the payment term. Furthermore, a minimum flat fee of \u20ac40 per unpaid invoice will be due as compensation for collection costs. The Company reserves the right to seek additional compensation upon presentation of supporting documentation. Failure to pay a single installment, regardless of which one, results in the acceleration of all outstanding debts, which thereby become immediately due and payable. In the case of payment in installments, failure to pay a single installment will result in the acceleration of the entire credit granted. The Company reserves the right to demand immediate payment of all remaining installments and reserves the right to suspend all deliveries until all outstanding invoices are paid in full or to cancel pending orders, without prejudice to the exercise of any legal remedies. It is expressly stipulated that, in such a case, the remaining amounts due shall be increased, by way of a penalty clause, by a lump-sum indemnity set at 15% of the amount of the due and payable claims, without prejudice to any interest, costs, and fees that may arise from litigation. In any event, in the event of a deterioration in the Customer\u2019s creditworthiness or if the Customer\u2019s financial situation poses a risk to the Company\u2019s ability to collect its receivables, or if the order is placed by a Customer who has not fulfilled all obligations arising from prior transactions, or if outstanding balances exceed the limits covered by insurance providers, the Company reserves the right to require payment prior to delivery or to demand any payment guarantees it deems necessary. If such guarantees cannot be obtained, for any reason whatsoever, the Company reserves the right not to fulfill orders and\/or to cancel pending orders. In accordance with the relevant article of the Commercial Code, the Customer shall not automatically deduct from the invoice issued by the Company any penalties or discounts resulting from a missed delivery date or non-conformity of the goods, when the debt is not certain, liquid, or due, without the Company having had the opportunity to verify the validity of the corresponding complaint. To this end, the Company must be given sufficient time to assess the Customer\u2019s complaints, and the Customer must provide the Company with a written summary of such complaints. Payments are considered made only once the amount has been credited to our bank account. Contracts entered into between the Company and a customer whose principal place of business is located outside Metropolitan France, where the Products are destined for a location outside Metropolitan France, shall be invoiced prior to the Products being made available; such invoice must be paid in full before the Products are made available. These terms apply regardless of the Incoterm selected. Any other payment terms must be agreed upon in advance and in writing between the Company and the Customer.<\/p>\n

4.<\/strong> Deliveries<\/strong><\/p>\n

4.1 Our Products are delivered free of shipping charges for any order totaling at least \u20ac120 (excluding tax) across all Products, with delivery to a single location in France. For deliveries to warehouses in \u201callottes,\u201d the minimum order amount per store may not be less than \u20ac350 excluding tax. Details of delivery charges are specified in our catalogs under the \u201cDelivery Terms\u201d section.<\/p>\n

4.2 Transfer of Risk: The delivery date is considered to be the day the goods leave the factory or warehouse, or the day they are made available to the Customer or the Customer\u2019s carrier. The method of shipment is at the Company\u2019s discretion. All goods travel at the recipient\u2019s own risk, even in the case of shipping with freight prepaid or cash on delivery. Delivered goods are therefore not insured, unless expressly requested by the Customer and at the Customer\u2019s expense. All goods, even those delivered by our branches or warehouses, are considered to have been picked up from our warehouses. They travel at the recipients\u2019 own risk (Art. 100 of the Commercial Code).<\/p>\n

4.3 Delivery Terms: In the event of partial deliveries, each such delivery shall be considered a complete commercial transaction. Each partial delivery shall be accompanied by a proportional payment.<\/p>\n

4.4 Delivery Times: The Company provides delivery times in good faith and endeavors to meet them; however, it cannot be bound by a firm delivery date. Cases of force majeure, administrative restrictions, or serious events affecting factory operations shall release the Company from its obligation to deliver for the duration of the disruption; a delay exceeding eight weeks shall entitle the Customer to cancel the order. Standard delivery times are specified in our catalogs and are provided for informational purposes only; only the delivery times mentioned in the order confirmation, if any, are binding. Unless confirmed by the Company, the delivery timeframe remains indicative until the date on which the Customer and the Company schedule a delivery appointment. Consequently, such timeframes are not enforceable against the Company prior to that date, particularly with regard to penalties, which must be proportionate to the actual damage suffered. In the event of incomplete fulfillment of the order by the Company, the Customer shall not unilaterally notify the Company of a price reduction; only an explicit, prior, written agreement between the parties may result in such a reduction. Partial or total, temporary or permanent failure to fulfill an order, due to causes beyond our control\u2014including, but not limited to, the inability to operate the business under normal conditions, a shortage of materials necessary for manufacturing, or the inability to deliver or arrange for delivery, shall not give rise to any liability on the part of the Company, nor shall it result in the cancellation or refusal of pending orders, nor may it give rise to a price adjustment. The Customer may not rely on a customary delivery time that is faster than the general delivery time specified above to claim that there is a delivery delay. For highly seasonal Products and given the Company\u2019s lead time for sourcing these Products, as well as for items subject to a distributor promotion, firm orders must be received by the Company six months prior to the desired delivery date. Failure to meet this deadline shall not result in any penalties being imposed on the Company. Depending on demand, the Company may not be able to deliver the entire order if quantities are limited. In such a case, the Company reserves the right to allocate deliveries among the various Customers after first notifying the affected Customers. In this instance, the Customer shall not unilaterally notify the Company of a price reduction. No delay in delivery entitles the Customer to modify payments on the agreed-upon due dates. Similarly, no delay may give rise to the cancellation of pending orders or a refusal of the goods. No penalty of any kind\u2014and, as such, no predetermined penalty that may appear in the Customer\u2019s commercial documents\u2014will be accepted by the Company, unless the Company has given its specific, prior, and written consent, regardless of the reason for the penalty. In any event, the Company\u2019s liability is expressly limited to 2% of the value of the goods not delivered in accordance with the terms of the contract.<\/p>\n

4.5 Shipping Terms: In the event of damage, delays, or missing items, it is the recipient\u2019s 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, and confirm 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.<\/p>\n

4.6 Returns: Returns of merchandise are authorized only if the Company has previously accepted 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 modifications. The costs and risks associated with returns are always the responsibility of the Customer. The Company\u2019s 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 in no event 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. Under no circumstances may the Customer claim a deduction on an invoice for a return initiated by the Customer without the Company having first approved such return. The following will not be accepted for return: non-catalog items that are custom-made or special orders, private-label Products, and Products from promotional campaigns (in the latter case, a return requires prior approval from the sales department). In the event of defects identified by the Company\u2014and only after the Company\u2019s prior written approval\u2014the Products mentioned above 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 quality and quantity inspection of the returned Products, subject to a 30% discount on the Customer\u2019s 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.<\/p>\n

4.7 Direct Deliveries to Consumers: The Company offers a direct delivery service to consumers or end customers who have purchased the Products from the Customer. A written agreement must be specifically entered into between the Company and the Customer for this purpose. This specific service will be compensated in accordance with the terms set forth in the service agreement or, failing that, as specified in our catalogs under the \u201cDelivery Terms\u201d section. In addition to delivery to the end customer\u2019s residence, the Company ensures that the Client is kept continuously informed of the status of orders.<\/p>\n

4.7.1. It is understood that the consumer orders the Product from the Company\u2019s Client. If the consumer exercises their right of withdrawal, the Product will be returned to the Client, and the Client will not be entitled to a refund from the Company.<\/p>\n

4.7.2. The Client agrees to have the consumer sign, at a minimum, the following delivery terms:<\/p>\n

– Delivery location. Deliveries are made within the country selected at the time of order, to the address provided by the Client for this purpose. Our carriers are authorized to place packages in mailboxes or deliver them in person to the location nearest the residence where the carrier can park. For very bulky 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 make a U-turn without difficulty once the delivery is complete.<\/p>\n

– 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 \u201cDelivery\u201d step of the ordering process on the website.<\/p>\n

– Delivery times. The shipping or delivery time for the Products is explicitly stated in each Product\u2019s 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 Company 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 Actis\u00e8re, 38570 Le Cheylas.<\/p>\n

– Customer\u2019s Obligations. The Customer agrees to provide, at the time of ordering, all information necessary for delivery to ensure its successful completion (and 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\u2019s recipient, to accept delivery of the goods at the address provided when placing the order. Upon delivery, the Customer or the recipient of the Products must be able, if requested, to provide proof of identity.<\/p>\n

5 Retention of Title:<\/strong> The Company retains title to the delivered goods until full payment of the price has been made. The delivery of a promissory note or other instruments creating an obligation to pay does not constitute payment within the meaning of this provision; payment is not considered effective until the funds are credited to the Company\u2019s accounts. During the term of the retention of title, in its capacity as custodian\u2014since the risks have been transferred under the conditions set forth in Article 4.2 above\u2014the Customer must insure the goods against all risks of damage or liability, and in particular must obtain product liability insurance. The Customer agrees to allow the identification and reclamation of the delivered goods at any time. By express agreement, goods in stock at the Customer\u2019s premises are deemed to relate to unpaid invoices. The Customer, who is authorized to resell the delivered goods in the ordinary course of business, is required to immediately notify the Company of any seizure, for the benefit of a third party, of the goods delivered subject to retention of title. The Customer further agrees not to pledge or assign ownership of the goods as security. In the event of resale, the Customer agrees to assign to the Company any claims it holds against the sub-purchasers up to the amount of the sums due. In the event of non-payment of any portion or the entirety of any of the agreed-upon installments, and fifteen days after a formal notice sent by certified mail has remained unanswered, in whole or in part, the Company reserves the right to proceed with the sale or to reclaim the goods. In the latter case, the goods must be made immediately available to the Company, unless the Company requires the return of the goods at the Customer\u2019s risk and expense. Such a claim may be made by any means (registered letter, fax, bailiff\u2019s summons, joint inventory, etc.) at the Customer\u2019s expense and risk. The repossession of the goods does not constitute termination of the sales contract. Any amounts already paid by the Customer (including down payments) shall be retained by the Company as initial damages, subject to any other claims. The above provisions do not preclude the transfer to the Customer of the risks of loss and deterioration of the Products sold, as set forth in Section 4.2 above.<\/p>\n

6. Warranty:<\/strong> Warranty repairs 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\u2019s 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\u2019s non-conformity must be made in writing and submitted within 8 days of the date of purchase, supported by a sales receipt. The warranty claim must precisely describe the defects in question in writing. Returns are governed by Section 4.6 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\u2019s discretion, the Product will be repaired, or a pro-rata reduction 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, dated, and stamped by the claimant. Repairs will be performed only after the estimate has been accepted. 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.<\/p>\n

7.<\/strong> Liability:<\/strong> 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\u2019s country, or any other event beyond the Company\u2019s 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\u2014without this list being exhaustive\u2014loss of revenue, loss of profits, operating losses, any business disruptions whatsoever, and the Customer and its insurer hereby waive any right of recourse against the Company and its insurers in this regard. The Company\u2019s total and aggregate liability shall not exceed, in any event, the total amount received by the Company under the order or contract in question.<\/p>\n

8 Jurisdiction:<\/strong> 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\u2019s 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.<\/p>\n

9 Intellectual Property:<\/strong> The Customer agrees to respect all intellectual property rights of the Company or those for which the Company holds rights of use and\/or exploitation, of which the Customer declares to be fully aware. The Customer shall not reproduce or cause to be reproduced, in whole or in part, the trademarks, designs, or any other intellectual or industrial property rights owned by the Company or for which the Company holds a right of use and\/or exploitation, under penalty of legal action, and\/or to transmit to third parties any information of any kind whatsoever that would enable the total or partial reproduction of such rights. The Customer shall not disclose any information relating to the Company\u2019s know-how. The Customer also agrees not to damage the brand image of the Company\u2019s Products and to use the most recent graphic guidelines for the Products, which the Company may provide upon request. The Customer agrees not to infringe upon the Company\u2019s distinctive marks that are not protected by intellectual property rights. Quotes, proposals, catalogs, and, more generally, all documents provided or sent by the Company to the Customer, as well as the intellectual property rights pertaining thereto, are and remain the sole property of the Company or are licensed from third parties, even if the Customer was asked to contribute to the costs. Under no circumstances may any of these documents be reproduced without the Company\u2019s prior written authorization. This provision shall survive the expiration of the order or contract. It is understood that the Customer shall have no intellectual property rights relating to the Product unless expressly agreed to in writing by the Company.<\/p>\n

10<\/strong> Discontinuation:<\/strong> The discontinuation of Products from the Company\u2019s product line during the year\u2014whether total or partial and for any reason whatsoever\u2014will automatically result in the loss of all year-end rebates related to product line discounts, as provided for in the Company\u2019s Terms and Conditions of Sale. Similarly, the delisting of Products from the Company\u2019s product line during the year, whether total or partial and for any reason whatsoever, will automatically result in the termination of current service agreements and the suspension of payments by the Company of the installments due as compensation for said services. Services already rendered will be paid on a pro-rata basis. The Company\u2019s failure to comply with any of the obligations imposed upon it by the Client shall not result in the immediate termination of any relationship, such as the cancellation of pending orders and\/or the rescission of sales of Products already delivered to the Client.<\/p>\n

11<\/strong> Loan of Equipment:<\/strong> The Company develops, has manufactured, and purchases for its own account presentation equipment specifically adapted for the sale of certain items in its collection. In addition to its material value, this equipment represents significant value in terms of research and development. It confers originality and a distinctive and appreciable competitive advantage, enabling significant growth in sales of the Company\u2019s Products. The Company makes this sales equipment available to its Customers, either free of charge or for a fee, on the strict condition that it be used exclusively for the sale of the Company\u2019s Products for which it was specifically designed, to the exclusion of any other Product. As this constitutes a loan for use of equipment governed by Articles 1875 et seq. of the Civil Code, the Company reserves the right to reclaim the equipment should the Customer cease to procure the relevant Products for any reason whatsoever. Use of the equipment for Products other than those supplied by the Company shall result in the immediate termination of the loan agreement without notice. The equipment is the property of the Company. It is non-transferable and exempt from seizure. It may not be used as collateral for the Customer\u2019s creditors, even in the event of receivership or judicial liquidation. The Customer must ensure that the equipment is maintained in good condition and shall be liable for any damages of any kind that may occur to the equipment or that may be caused by the equipment. Should a Customer express a desire to retain this equipment, even in the absence of the Products normally supplied by the Company, the Company will invoice the Customer for such equipment at the net price, excluding any discounts, as set forth in the current price list.<\/p>\n

12. Effective Date:<\/strong> These General Terms and Conditions supersede and replace all prior general terms and conditions that may appear in the Company\u2019s documents or have been agreed upon by any other means.<\/p>\n

13. Unique REP Identifier:<\/strong> FR211959_01GXBD<\/p>\n","protected":false},"excerpt":{"rendered":"

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. 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