B2B T&Cs

PEACHYNESS

GENERAL TERMS AND CONDITIONS OF SALE B2B 2021

The fact of placing an order with PEACHYNESS is equivalent to an express acceptance of these general conditions which prevail over all other conditions, including the general conditions of purchase of the customer.

ARTICLE I - FIELD OF APPLICATION

These general conditions define the terms under which the products manufactured and distributed by PEACHYNESS are transferred. They apply to all orders received from PEACHYNESS by mail, telephone, Internet or e-mail, once this order has been accepted by PEACHYNESS. By signing the order form or accepting the confirmation of an order, the signatory of the order expressly acknowledges having read these general conditions and having accepted them. PEACHYNESS reserves the right to adapt or modify these general conditions at any time, subject to informing its co-contractors as soon as possible. Only derogations subject to a written agreement from PEACHYNESS can modify the application of these general conditions of sale.

ARTICLE 2 – PRODUCTS

PEACHYNESS presents products with the necessary characteristics to comply with article L. 111-1 of the Consumer Code, which provides the possibility for the customer to know before taking the final order the essential characteristics of the products he wishes to buy. .

ARTICLE 3 - OFFERS AND ORDERS

Sales offers are only valid within the limits of available stocks. Before placing the order, an estimated time of availability will be communicated, on request, to the customer as soon as possible by mail, telephone or e-mail. If items should prove to be unavailable after the order has been placed, PEACHYNESS will notify the customer as soon as possible and an equivalent product may be offered to him. The customer will always be free to accept or refuse this equivalent product. Any order placed is firm and final after written confirmation from PEACHYNESS. This confirmation will specify the exact amount invoiced and the terms of delivery of the order. The customer must provide all the personal information requested by PEACHYNESS in the order form. Before sending the order form, he must verify the completeness and conformity of this information, in particular the delivery address. PEACHYNESS cannot be held responsible for any errors or inaccuracies in this information and the resulting consequences (delays or delivery errors for example). If necessary, the costs incurred for the reshipment of the order would be borne by the customer. PEACHYNESS reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. The modifications made by the customer to his order form or to the seller's offer will only be valid on the condition that PEACHYNESS has accepted and confirmed them in writing.

ITEM - 4 PRICE

PEACHYNESS prices are prices excluding taxes (HT) in euros. The prices and information given in the catalogues, prospectuses and tariffs do not bind PEACHYNESS. PEACHYNESS reserves the right to modify its prices at any time, in the event of a significant variation in the cost of raw materials, it being understood, however, that the selling price retained for the purchase of a product corresponds to that at the time of dispatch. of the purchase order. Delivery costs are the responsibility of the customer and are in addition to the selling price of the products, except for specific offers.

To pay for his order, the customer has the following payment methods: check, payment by credit card or bank transfer. In case of payment by check, it must be issued in euros (preferably by a bank domiciled in metropolitan France). An order paid by check will be processed upon receipt of payment, which is cashed immediately.

Except in the case of payment by check or other exceptions, the availability and shipping times begin from the receipt of payment.

For orders of specially made or made-to-measure products, PEACHYNESS reserves the right to request a deposit in order to confirm the order. This may under no circumstances exceed 50% of the total amount including tax of the order, shipping costs included. If it is impossible to debit the account for this deposit, the order will be automatically put on hold.

ARTICLE 5 – PAYMENT

The customer can choose to pay his invoices using the following payment methods:

• Direct debit (on the due date shown on the invoice): the customer can request that his invoices be automatically debited from his bank account. In this case, the customer must return to PEACHYNESS a SEPA direct debit mandate duly completed, dated and signed.
• Payment by bank transfer.
• Payment by check addressed to PEACHYNESS. This must be sent by post to the address of the PEACHYNESS head office.
• Payment by credit card. PEACHYNESS sends you, by e-mail, an electronic invoice (downloadable in PDF) accompanied by an online payment link for the amount of the order including tax.

Payment is made upon receipt of the written confirmation of the order by PEACHYNESS and to the address of the PEACHYNESS head office. When, by special conditions, PEACHYNESS has granted the customer payment terms:

• Any significant change in the financial or economic situation of the customer, even after partial execution of the orders, may lead to the revision of the terms of payment;
• Failure to pay an item on its due date will automatically result in the revocation of the customer's credit, subsequent orders can only be made against payment;
• Any unpaid invoice or late payment of more than ten days will result, regardless of the method of payment provided:
  • Without prior notice, the right of PEACHYNESS to suspend the execution of other orders which could have been accepted, notwithstanding any damages and
  • Without prior notice, late payment interest of 1.5% per month from the contractual date of payment until the day of payment, any month started being due.
  • After prior formal notice by registered letter with acknowledgment of receipt, a penalty of 15% of the amount remaining unpaid with a minimum of fifty euros (€50) per invoice. Unless otherwise agreed, the remaining sums due become immediately payable in the event that one of the payments is not made on the fixed date. Any dispute relating to an invoice must reach us in writing, within fifteen days of its dispatch.

ARTICLE 6 - DELIVERIES AND TRANSPORT

PEACHYNESS will always endeavor to respect the delivery times communicated for information only. PEACHYNESS is automatically released from any commitment relating to the delivery time in the event of force majeure (strikes, technical incident, supplier delay and labor shortage). All transport and handling operations are at the risk and peril of the customer, who is responsible for checking the shipments on arrival and exercising recourse against the carrier if necessary. Each delivery is accompanied by a delivery note detailing the products delivered. The buyer must inform PEACHYNESS without delay of the anomalies observed. In the absence of a complaint made within eight days, deliveries by PEACHYNESS are deemed to have been made correctly and in accordance with the delivery note. In the event of collection by the customer from PEACHYNESS, the products are deemed to have been checked and accepted at the time of collection.

ARTICLE 7 - COMPLAINTS AND RETURN OF GOODS

In the event of a complaint, the buyer must produce his contact details, the reason for the return and a copy of the proof of purchase. In all cases, the return of goods must have been the subject of a prior agreement with PEACHYNESS. When the return has been authorized, the product must:

• be accompanied by the PEACHYNESS delivery note,
• be in its original packaging, the latter in impeccable condition,
• be shipped carriage paid at the customer's expense.

Failure to comply with all of the above conditions will result in PEACHYNESS' choice either of the effective refusal of the return, or the issuance of a credit note in the amount of 75% of the initial invoicing price of the returned product. Return costs to PEACHYNESS establishments and return costs to the customer will be borne by PEACHYNESS if the merchandise to which the warranty applies turns out to be indeed defective.

ARTICLE 8 - RETENTION OF OWNERSHIP

The goods remain the property of PEACHYNESS until full payment of their price. The transfer of ownership of the goods sold is subject to effective payment by the buyer of the price of the claim on the due dates in accordance with the law of May 12, 1980. However, the risks are transferred to the customer upon delivery. In the event that payments are not made on the scheduled dates, PEACHYNESS reserves the right to take back the goods delivered and, if it sees fit, cancel the contract. In the event of legal proceedings for recovery or liquidation, the customer undertakes to carry out with diligence and speed the inventory of the goods which he holds and of which PEACHYNESS has claimed ownership under this clause. In the event of default by the client, PEACHYNESS may have this inventory carried out by a bailiff at the sole expense of the client.

ARTICLE 9 – WARRANTY

The warranty will cover all apparent defects and lack of conformity, ie all those that it was possible for the customer to detect at the time of delivery or within eight calendar days which followed by attentive and serious control. The PEACHYNESS warranty is limited to the repair, exchange or refund in the form of a credit note for the defective product. Under no circumstances will this be refunded.

ARTICLE 10 - EXCLUSION OF LIABILITY

10.1.
When the customer advises his own customer on the use of the product, he does so under his own responsibility. Under no circumstances may the products be used outside of their primary application. The buyer, user or reseller takes responsibility for the use of the products, articles and materials purchased. He declares to know the nature of it and will in no way be able to turn against PEACHYNESS for the direct or indirect damages and prejudices resulting from this use.

Thus, PEACHYNESS cannot be held liable for damages of any kind, whether material, immaterial or bodily that could result from:

• misuse of the products;
• non-compliance with the instructions given in the instructions for use;
• any handling error;
• any abnormal use or use that does not comply with the use for which the product is intended;
• any cause of external origin.

10.2
PEACHYNESS is released from all contractual obligations in the event of force majeure. Are assimilated to force majeure and will constitute clauses of extinction or suspension of its obligations without recourse for the customer, accidents affecting the production and storage of products, fire, flood, machine breakdowns, the total or partial strike, the administrative decisions, the action of third parties and all external events which would be of such a nature as to delay, prevent or render economically exorbitant the execution of these commitments.

ARTICLE 11 - APPLICABLE LAW

These general conditions of sale are governed by French law and the buyer acknowledges that the transaction was carried out in France. All disputes relating to the interpretation or execution of PEACHYNESS contracts will be submitted to the competent courts of Paris even in the event of a warranty claim or multiple defendants If one or more stipulations of these general conditions are held to be non- valid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.