Article 1: Preamble
These terms and conditions apply exclusively between Pielno SARL (hereinafter referred to as “We”) and the Buyer, any natural or legal person registered as a professional reseller with Pielno SARL (hereinafter referred to as “You”), for all orders and purchases made through our website pielnoparty.com (hereinafter referred to as the “Site”), by telephone, email, fax or through a sales agent appointed by Us.
These conditions are deemed to be known and accepted without reservation for all transactions carried out between You and Us. These special terms and conditions replace our applicable general terms and conditions of sale and/or any special terms and conditions of sale previously established between You and Us.
Article 2 : Contract
2.1 Conditions to save an order
You acknowledge that you are at least 18 years of age and have legal capacity and, where applicable, are duly authorized to act on behalf of the duly formed legal entity for which You are contracting in accordance with and in compliance with its corporate purpose.
We cannot be held responsible for any breach of the corporate purpose set out in the articles of association of the legal entity for which You are contracting.
2.2 Order
Once you have placed your order on our website, we will send you an e-mail with the order details. We will inform you of the shipment of your items as soon as they are dispatched.
For orders placed by manual or handwritten purchase order, only the order confirmation sent by email will be considered as confirmation in the absence of an order placed via our website.
It is Your responsibility to check that the elements appearing in the confirmation correspond to what You wish to order.
Article 3: Prices, availability and delivery
All prices are given both in euros, excluding taxes, and in euros, including all French taxes (French VAT and other applicable taxes), but excluding shipping and handling costs.
We can accept your orders subject to availability. We inform You of the availability of items sold on the Site on the information page for each item. For orders placed outside our Site, the availability of items can only be confirmed once your order has been entered. Delivery times are indicative and we cannot be held responsible for incorrect delivery times caused by the chosen carriers.
If, despite our vigilance, the articles are unavailable, We will inform You as soon as possible.
In case of unavailability of items, We reserve the right to :
(i) substitute a replacement item with equivalent characteristics, or
(ii) partially ship your order with subsequent shipment of unavailable items.
In the event that an item is unavailable and no replacement item can be delivered, your payment card will be re-credited for the amount of the undelivered item in the event of payment by card.
For orders delivered outside the European Union, French VAT will be withdrawn. If you provide us with a valid intra-Community VAT number identifying you, VAT may be withdrawn from goods delivered in your member state.
Article 4: Customs duties
Any order placed and delivered outside France may be subject to taxes and customs duties that are imposed when the parcel reaches its destination. These customs duties and taxes are to be paid by the recipient and are Your responsibility. We are not obliged to check and inform You of applicable customs duties and taxes. To find out about them, We advise You to contact the relevant authorities in your country.
Article 5 : Payment
5.1 Payment terms
You can pay by credit card (Visa, MasterCard or Amex), bank transfer or SEPA direct debit.
Our bank details are available upon written request by email.
In the case of payment by credit card, the amount of your order is debited instantly when you place your order.
Article 5.2: Due date and late payment
In principle, all orders placed are payable before the goods are dispatched.
We will only send You the goods ordered once payment has been received, unless we have expressly agreed a special payment period.
Article 6: Retention of title and transfer of risk
Goods delivered and invoiced remain our property until the corresponding invoice has been paid in full.
In the event of loss, damage and/or destruction of the goods delivered, the risks are transferred to you upon delivery.
Article 7: Warranties and liability
7.1 Features
Our products are guaranteed for 12 (twelve) months from the date of purchase, except in the case of consumable items or items with an expiry date and/or statement to the contrary. In the event of malfunction of the item delivered within this period and under normal use in accordance with the instructions for use of the item, We undertake to repair the defective item and/or replace it at Our discretion.
We decline all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery other than France.
We undertake to take all the care customary in the profession to implement the service offered to the customer. Nevertheless, we cannot be held liable in the event of failure to meet our contractual obligations as a result of an act of God or force majeure as defined by the case law of the French courts.
7.2 Scope of application
We shall not be held liable in the event of delays due to stock shortages. Furthermore, we shall not be held liable for any insubstantial differences between the photos, texts and illustrations presenting the items on our Site or in our publications, and the items ordered. You can order samples before to place a more important order if you wish.
We will use our best endeavors to provide the services described in these General Terms and Conditions of Sale. In no event shall We be liable for loss of profits, loss of business, loss of data, loss of revenue or any other indirect damage.
7.3 Delivery delays
The delivery times indicated at the time of placing your order are indicative times which are in addition to the product dispatch time of 1 (one) working day, or specified where applicable and with the exception of personalized products or special orders made specifically for you.
In the event of delivery outside the indicative deadlines, we decline any responsibility and the carriage costs are not refundable.
Only an expressly guaranteed service offers a guarantee of a fixed delivery date, and in the event of failure to meet the stated delivery date, the shipping costs will be reimbursed. Orders submitted within the guaranteed delivery period which, either due to (i) the absence of the addressee or an insufficiently precise address or (ii) force majeure or (iii) customs procedures, could not be delivered on the scheduled day, are excluded from reimbursement of shipping costs for a guaranteed service.
Article 9: Applicable law and jurisdiction
These terms and conditions are governed by French law and the Vienna Convention on Contracts for the International Sale of Goods. All disputes relating to the commercial relationship between You and Us are subject to the exclusive jurisdiction of the Commercial Court of Le Mans (72000).