These General Terms and Conditions of Sale govern the commercial activity of ENTRE NOUS SAS , with a capital of 1000.00 euros, whose head office is located at 5 IMP DES TISSERANDS 85160 SAINT JEAN DE MONTS, registered at the RCS of LA ROCHE SUR YON under the number 843147497 (the Seller).
Article 1 – Scope
In accordance with Article L 441-6 of the French Commercial Code, these General Terms and Conditions of Sale ( GTC ) constitute the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions in which the Seller provides to the professional buyers or not (the Buyer or the Buyers ) the following products ( Products ):
- All Products Offered by Seller
They also define the conditions under which the Seller sells the following services (
- All the Services offered by the Seller
The GTC apply without reserve or restriction to sales concluded between the Seller and the Purchasers, whatever the stipulations that may appear in the general conditions of purchase possibly established by the Purchasers.
Any order of Products implies the acceptance by the Buyer of the General Terms and Conditions of Use of the Seller’s website for orders via the Seller’s website.
The fact that the Seller does not avail himself of any of the clauses contained in these GTS can not be interpreted as a waiver to use it later.
The Seller may agree with a Buyer specific terms of sale derogating from the GTC.
These GTC are valid for an unlimited period, until any changes made by the Seller.
Article 2 – Orders
2.1- Terms of order
Orders can be placed by the Buyers with the Seller:
- Via a website
- Via a partner
Orders must be confirmed in writing by means of a purchase order duly signed by
Sales are not final, even if they are taken through sales representatives or employees, only after express and written acceptance by the Seller of the order issued by the Buyer. This acceptance can be materialized by sending an email, an SMS or a mail.
2.2- Minimum amount
No minimum order amount is required by the Seller.
If the Buyer wishes to modify his order, his request can be taken into consideration only if it reaches the Seller in writing before the dispatch of the Products and for the Services before the date of commencement of the service determined by the Seller.
The benefit of the order is granted to the Buyer only and may not be assigned without the Seller’s consent.
Article 3 – Rates
3.1- Price details
Products and Services are provided at the rates in effect on the day of placing the order or in the specific commercial proposal that may be sent to the Buyer. Rates are firm and non-revisable throughout their period of validity, indicated by the Seller.
The applicable VAT is the VAT in force on the day of placing the order, any change in the rate may be reflected in the price of the Products.
Any tax, duty, duty or other benefit payable under the French regulations or those of an importing country or a transit country shall be borne by the Purchaser.
Prices are in euros and do not include:
- Online payment fees
No discount will be charged by the Seller in the event of payment of the Products ordered before the date of payment appearing on the invoice or in a period less than that envisaged by the GSC.
Article 4 – Discounts and rebates
Depending on the quantities ordered by the Buyer or delivered by the Seller at one time and in one place or the regularity of orders, the Buyer may benefit from discounts and rebates on rates
practiced by the Seller.
Article 5 – Terms of payment
5.1- Terms of payment
For any order, the Buyer will pay the price of the Products ordered by:
- Bank card
The invoice is paid by the Buyer according to a payment schedule specific to each Products and Services and specified on the order form.
5.2- Penalties of delay
In the event of late payment by the Buyer, the Seller may suspend all current orders, without prejudice to any other course of action.
Any amount not paid by the due date set by these Terms automatically entails, without any formality or notice, from the day following the settlement date stipulated on the invoice, the application of late penalties of an equal amount. at the rate applied by the European Central Bank to its most recent refinancing operation plus ten points.
A lump sum compensation for recovery costs of 40 euros will also be due, automatically and without prior notice to the Buyer. The Seller reserves the right to ask the Buyer for an additional sum if the recovery costs incurred exceed this amount.
Article 6 – Cancellation
The Seller will not accept any cancellation of orders from the Buyer, whatever the reason, except in cases of force majeure.
Article 7 – Delivery
7.1- Delivery of products
Delivery times may differ depending on the Products ordered, they are specified on the purchase order signed by the Buyer for each Product or category of Products.
This period does not constitute a period of rigor and the Seller can not be held liable in the event of late delivery not exceeding a period of 10 days. In the case of a delay exceeding 10 days, the Buyer may request the resolution of the sale and any down payments paid will be returned by the Seller.
The Seller’s liability can never be incurred in the event of delay or suspension of delivery if this is attributable to the Buyer or to a case of force majeure.
7.2- Execution of the service provision
Services provided by the Buyer will be performed at the Seller’s place of residence. The deadlines for performing these services are specified in an annexed document communicated to the Purchasers and are specific to each Service.
The terms and conditions regarding the place of performance of Services ordered by the Buyer may be specified in the purchase order or the Seller’s catalog.
Article 8 – Returns
The Seller authorizes himself to refuse returns of Products from the Buyer.
Article 9 – Packaging
Packages bearing the mark and / or the name of the Seller may only be used for the Products and in no case for products that are not his own.
Article 10 – Transfer of ownership
The transfer of ownership and risks to the Products takes place upon delivery of the Seller’s Products to the Buyer. The Seller therefore remains the owner of the Products until their delivery to the Buyer and only bears the risks associated with their transport.
Article 11 – Liability – Warranty
Buyers benefit from the legal guarantee of eviction and hidden defects.
No additional contractual guarantee is provided for the benefit of the Purchaser, who may only avail himself of the legal guarantees stipulated above.
No guarantee can be applied in the absence of full payment of the sums due by the Buyer to the Seller.
11.2- Limitation of liability
Seller’s liability may be incurred only in case of gross, intentional or fraudulent negligence. In all other cases, the Seller’s liability can never be sought or incurred by the Purchasers.
Buyers guarantee and indemnify any liability claims against the Seller by third parties to the contract.
In any event, the Seller’s liability, if incurred, may not exceed the value of the Products subject of the contract concluded with the Buyer.
Article 12 – Applicable Law – Disputes – Claims Processing – Mediation
Applicable law: This contract is subject to French law. The language of this contract is French. In case of dispute the French courts will be competent.
Complaint handling: For any complaint you can contact the customer service at the coordinates mentioned in the preamble of these conditions.
Attribution of jurisdiction : Any dispute resulting from the formation, the interpretation or the execution of this contract will be the exclusive competence of the courts within the jurisdiction of LA ROCHE SUR YON notwithstanding multiple defendants or call in guarantee.
In case of difficulty occurring during the order or delivery of the items sold on the Site, the Customer will first contact ENTRE US to find an amicable solution. The Customer has the option of using conventional mediation or any other alternative dispute resolution process.
Notwithstanding the above, in case of dispute, in accordance with Regulation No. 44/2001 of 22 December 2000:
- The Client can seize either the court of the place where he is domiciled, or the French courts,
- BETWEEN US may seize the court of the place where the Customer is domiciled.
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may in any case resort to a conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution in case of dispute. In this case, the designated mediator is
73 boulevard de Clichy, 75009 Paris
Online Dispute Resolution Platform:
In accordance with Article 14 of Regulation (EU) No 524/2013, an online Dispute Resolution platform has been set up by the European Commission, facilitating the independent and out-of-court settlement of online disputes between consumers and professionals of the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/