Terms and conditions of sale
This is a courtesy translation of our French general terms and conditions of sale. Only the French version, available at pielno.fr, is legally binding. In the event of any discrepancy, the French text prevails.
Article 1 — Preamble
These terms and conditions of sale apply exclusively between Pielno SARL (hereinafter "We") and the Buyer, any natural or legal person registered as a trade customer with Pielno SARL (hereinafter "You"), for all orders and purchases made through our website (hereinafter the "Site"), by telephone, by email, by fax or through a sales agent appointed by Us.
These terms are deemed known and accepted without reservation for all transactions carried out between You and Us.
Article 2 — Contract
2.1 Conditions for placing an order
You acknowledge that you are at least 18 years of age and have the legal capacity and, where applicable, are duly authorised to act on behalf of the duly incorporated legal entity for which You are contracting, in accordance with and within the limits of its corporate purpose.
Any act exceeding the corporate purpose set out in the articles of association of the legal entity for which You are contracting may not be invoked against Us.
2.2 Orders
After You place your order on our website, We send You an email setting out the details and confirming it. We notify You when your items are dispatched.
For orders placed by manual or handwritten order form, only the order confirmation sent by email shall constitute confirmation, in the absence of an order placed through our website.
It is your responsibility to check that the details shown in the confirmation correspond to what You intend to order.
Article 3 — Prices, availability and delivery
Prices are quoted simultaneously in euros excluding tax and in euros including all French taxes (French VAT and other applicable taxes), excluding any contribution to shipping and order processing costs.
We may accept your orders subject to available stock. We indicate the availability of items sold on the Site on each item's information page. For orders placed outside our Site, availability can only be confirmed once your order has been entered. Delivery times are indicative and We may not be held liable for an incorrect lead time attributable to the carriers selected.
If, despite our vigilance, items are unavailable, We will inform You as soon as possible.
Where items are unavailable, We reserve the right to:
- substitute a replacement item of equivalent characteristics; or
- ship your order in part and send the unavailable items later.
Where an item is unavailable and no replacement item can be delivered to You, your payment card will be re-credited with the amount of the undelivered item if payment was made by card.
For orders delivered outside the European Union, French VAT will be removed. On prior provision of a valid intra-Community VAT number identifying You, VAT may be removed for 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 levied when the parcel reaches its destination. Such customs duties and any taxes relating to the delivery of an item are payable by the recipient and fall under Your responsibility. We are not required to check or inform You of the applicable customs duties and taxes. To find out about them, We advise You to enquire with the relevant authorities in your country.
Article 5 — Payment
5.1 Payment methods
You may pay by payment card (Visa, MasterCard or Amex), by bank transfer or by SEPA direct debit.
Our bank details are available on simple written request by email, or may appear on our commercial documents.
Where payment is made by bank card, the amount of your order is debited immediately upon ordering.
5.2 Due date and late payment
As a rule, any order placed is payable before the goods are dispatched, unless otherwise stated and/or expressly agreed by Us.
We will only send the goods ordered once payment has been received, save under a specific agreement granting a payment period.
5.3 Late payment penalties and recovery costs
Any sum not paid when due shall automatically incur, without any reminder being necessary, late payment penalties at a rate of three times the applicable statutory interest rate, calculated from the due date until payment in full. A fixed indemnity for recovery costs of €40 is also automatically due (articles L441-10 and D441-5 of the French Commercial Code), without prejudice to additional compensation on production of evidence where the recovery costs incurred exceed that amount. No early payment discount is granted.
Article 6 — Retention of title and transfer of risk
Goods delivered and invoiced shall remain our property until the corresponding invoice has been paid in full.
Risk passes to You upon delivery, in the event of loss, damage and/or destruction of the goods delivered.
Article 7 — Warranties and liability
7.1 Characteristics
Our products are warranted, except for consumable items or items with an expiry date and/or where otherwise stated, for 12 (twelve) months from their date of purchase. In the event of a malfunction of the item delivered within that period and in the course of normal use in accordance with the item's instructions for use, We undertake to repair the defective item and/or replace it at Our discretion.
We accept no liability in the event that the item delivered does not comply with the legislation of a country of delivery other than France.
We undertake to exercise all the care customary in the profession in providing the service offered to the customer. Nevertheless, our liability may not be engaged for any failure to meet our contractual obligations arising from a fortuitous event or a case of force majeure as defined by the case law of the French courts.
7.2 Scope
Our liability shall not be engaged in the event of a delay due to a stock shortage. Furthermore, our liability shall not be engaged in the event of non-substantial differences between the presentation photographs of items on our Site or in publications, texts and illustrations, and the items ordered.
We employ all the means at Our disposal to provide the services covered by these general terms and conditions of sale. Under no circumstances shall We incur liability for loss of profit, business losses, loss of data, loss of earnings or any other indirect damage.
7.3 Delivery delays
The delivery times indicated when your order is placed are indicative and are in addition to the product dispatch time of 1 (one) working day, or as otherwise specified, and excluding products ordered with personalisation.
In the event of delivery outside the indicative times, We accept no liability and shipping costs are not refundable.
Only an expressly guaranteed service offers a fixed lead time guarantee, and where the stated delivery time is not met, shipping costs are refundable. Excluded from the refund of shipping costs on a guaranteed service are orders presented within the guaranteed time which could not be delivered on the scheduled day owing to (i) the absence of the recipient or an insufficiently precise address, (ii) a case of force majeure, or (iii) customs procedures.
Article 8 — Governing law and jurisdiction
These general terms and conditions of sale are governed by French law and by 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), France.