Terms and Conditions
The general conditions of sale are defined by article L.441-6 of the Commercial Code.
The Company Poly Event, 13 rue Condorcet, 94430 Chennevières-Sur-Marne, France, registered in the Créteil Trade and Companies Register under the SIRET number 532 710 845 00027, represented by Mr Toufik Iguighil. The company can be reached by email, by phone or you can also come to the Poly Event offices. The individual or legal entity purchasing products or services from Poly Event is subject to the following clauses.
Foreword
The Seller is a publisher of products and services marketed through its Websites (www.poly-event.com). The list and description of goods and services offered by Poly Event can be consulted on the above-mentioned Websites.
Article 1: Purpose
The general conditions of sale described below detail the rights and obligations of Poly Event and its Customer in the context of the sale of our various goods.
Article 2: General rules
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through the Company's Websites and telephone conversations, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on their Website. The GTCS applicable at that time are those in force at the date of payment of the order (or at the first payment in the case of multiple payments). These GTCS are published on the Company's Website at the following address: www.jeux-gonflables.net. The Company also ensures that their acceptance is clear and unreserved by putting in place a checkbox and a validation click. The Customer declares that he/she has read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer is suitable for his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she can validly represent the private individual or legal entity for which he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
For items intended for sale, the prices of products sold through the Websites are indicated in Euros, excluding taxes. The prices do not take into account delivery costs, possible promotional offers and personal discounts, indicated before the final validation of the order. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes, import duties, or state taxes may be applicable in certain cases. These duties and fees are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the relevant authorities, etc.). The Seller invites the Buyer to inquire about these matters with the corresponding local authorities. Poly Event reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company's Websites are to be paid by the Customer and, where applicable, the delivery costs as well.
Article 4: Products and services
The essential characteristics of the goods and their respective prices are made available to the Buyer on the Company's Websites. The Customer confirms that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller agrees to satisfy the Customer's order only within the limits of the Products currently in stock. In the absence of such availability, the Seller shall inform the Customer. [This contractual information is presented in detail and in English.] In accordance with French law, they are summarised and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of an offer on a product as well as its price is specified in Poly Event's quotes. Barring special conditions, the rights granted hereunder are solely to the person signing the order (or the person holding the email address provided).
Article 5: Warranties
[All Poly Event products have a 1 year warranty against defects or manufacturing errors from the date of delivery]. Obstacles, sliding sheets, jumping areas, straps, velcro, climbing surfaces, have a 3 month warranty. Wear and tear and damage due to negligence, misuse or failure to follow Poly Event's instructions are not covered by the warranty. Poly Event shall not be liable for any injury or damage caused directly or indirectly by the product to a user, to personnel operating the product, or to the general public. In the event of an incident on one of our products, a detailed report with photos must be sent to us before any intervention or action on the inflatable equipment.
Article 6: Payment terms
The payment terms within the Company Poly Event are as follows:
- Payment in full for any pick-up or shipment of goods
- No reservation is possible without a signed quote and a deposit of at least 50%
- No out-of-stock product can be launched into manufacture without a 50% deposit.
- All signed quotes are subject to payment within 7 days of receipt.
Payment method:
[Orders can be paid by debit/credit card, paypal or bank transfer.]
Only City Halls are allowed to pay by administrative voucher. Any goods cannot be sent without receipt of this administrative voucher.
The Company Poly Event also allows payment by documentary letter of credit provided that it is irrevocable and confirmed.
Article 7: Late payment
In the event of non-payment in full or in part of the goods received on the day of delivery, the Buyer shall pay Poly Event a late payment penalty equal to three times the official dealing rate. The official dealing rate used is the one in force on the day of delivery of the goods. This penalty is calculated on the remaining amount due, including VAT, and runs from the due date on the invoice without the need for any prior letter of formal notice. In addition to the late payment penalties, any sum, including the deposit, not paid on the due date will automatically give way to the payment of a fixed penalty of 40 euros to cover the collection costs.
Article 8 : Termination clause
If within 15 days of the delay in payment, the Buyer has not paid the outstanding sums, the sale will be lawfully terminated and may give rise to compensation for damages in favour of Poly Event.
Article 9: Retention of title clause
The Company Poly Event retains sole and absolute ownership of all goods sold until full payment of the price. In this respect, if the Buyer is placed in administration or undergoing a bankruptcy proceeding, the Company Poly Event reserves the right to claim, within the framework of the bankruptcy proceeding, the goods sold and not yet paid for.
Article 10: Delivery
The products are delivered to the delivery address indicated at the time of the order and within the period indicated. This period does not take into account the preparation time of the order. When the delivery requires an appointment with the Customer, the Customer shall come to our warehouse (94430, Chennevières-sur-Marne, France) by his own means. When the Customer orders several products at the same time, they may have different delivery times, depending on the terms and conditions agreed at the time of sale. In the event of a delay in delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 138-2 of the Consumer Code. The Seller shall then proceed to refund the product and the "outward" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure the follow-up of the order. The Seller hereby reminds the Customer that at the moment the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer. It is the Customer's responsibility to notify the carrier of any concerns regarding the product delivered.
Article 11: Collection of goods
The Customer undertakes, in the event of a collection from our warehouses, to take delivery of the order within a period of 10 days following the notification that the goods are available. If the Customer fails to take delivery within this period, we may, at our discretion, consider the sale as lawfully cancelled, in accordance witharticle 1657 du Code Civil, without any formality and without prejudice of any compensation. We may then dispose of the goods in favour of a third party; or send the Customer a letter of formal notice by registered post to invite them to pick-up the goods and, failing this, within forty-eight hours, to store the goods in a place chosen by us, in accordance witharticle 1264 du Code Civil. The invoice corresponding to these goods, plus the storage costs, will then be sent to the Customer and will become due immediately.
Article 12 : Circumstances outside the control of the Company
Poly Event cannot be held responsible if the non-execution or the delay in the execution of one of its obligations described in the present general terms and conditions of sale results from a case of force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Article 13: Complaints
All complaints related to transport or the consequences thereof must be made to Poly Event and to the transport company in question by registered letter with acknowledgement of receipt, within three (3) days of delivery of the goods and invoice, and in case of breakage or damaged materials. In the event of non-delivery, the complaint must be made within seven (7) days.
Any complaint on the quality of the products can only be considered if it has been submitted beforehand by registered letter with acknowledgement of receipt, within eight (8) clear daysfollowing the date of receipt of the goods. After this period, no complaint can be accepted. Goods accepted without reservation by the recipient at the time of delivery are deemed to have arrived in good condition and in their entirety (number of parts, in conformity with the order, etc.). No complaint can then be taken into account by Poly Event and the responsibility of Poly Event cannot be engaged .
However, the return of the goods will be accepted if the following conditions are met:
- The precise reason for rejection must be given for each item of allegedly defective goods.
- The return must be made in the original packaging, the goods being complete and in good condition with their consumable accessories and instruction manuals included, at the Buyer's expense.
- The goods must not have suffered any deterioration for any reason whatsoever, in particular during storage, inspection, demonstration or use.
- The Buyer must not have made any alterations to the goods, nor used the goods in an improper or incorrect manner.
Any multiple return shipments of goods, for whatever reason, must be carried out prepaid at the Customer's expense.
Article 14 - Withdrawal and cancellation
In the case of a sale to a Private individual, if the Customer is not satisfied, we undertake to take back the products delivered and to refund them, excluding transport costs. The goods must be returned to us:
- within 14 days for non-conforming or damaged goods
- in new condition, in perfect condition for resale, otherwise a depreciation of -30% on the purchase value will be deducted
- in its original packaging
- packaging and shipping costs at the Customer's expense
- together with the accessories delivered (blowers and fans, instruction manuals, pegs, repair kit, etc.)
- accompanied by a copy of the invoice or delivery receipt
- along with an explanation of the reason for the return and precise instructions regarding the desired exchange or refund..
The outgoing shipping and return costs are at the Customer's expense. After this 14 day period, no returns will be accepted..
Article 15: Applicable law and jurisdiction
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the absence of an amicable solution, any dispute shall be brought before the Commercial Court of Créteil (94, France).
Article 16: Intellectual Property
All brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
Article 17: Personal data protection
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you agree that we may collect and use this data for the purposes of this contract. By entering your email address on one of the Websites of our network, you will receive emails containing informational and promotional offers concerning products published by Poly Event. You can unsubscribe at any time.