General Sales Conditions

Our general terms and conditions of sale

Terms and conditions
The following terms and conditions of sale shall govern the sale of products proposed by PoubelleDirect on its catalogue or on its website and every associated services provided in metropolitan France intended to persons acting within the framework of their professional activity.

1. General
Any products orders implies the customer acceptance without reservation and his adhesion full and whole with the present general terms. The products characteristics and technical specifications, dimensions, weight, photographs, graphical representations presented on our sale supports (internet website) only have informative and indicative values and non-contractual. The present general terms and conditions of sale and the purchase and sale operations resulting from it are governed by the French law.

2. Orders
Orders can be placed by internet or fax. For any internet or phone order, no written confirmation must be sent by the client to avoid being delivered and charged twice. Product orders are definitive only once they have been confirmed in writing by PoubelleDirect. PoubelleDirect also reserves the right to refuse or cancel an order when the product(s) price indicated is erroneous or when several grave elements would pose a suspicion of fraud on the order.

3. Price
Our prices are guaranteed during the validity period of each of our catalogues, documents or than those indicated on every special offer. The selling prices of products on our website are the ones indicated at the moment of the order confirmation. If for economic reasons, particularly in case of an increase in the price of raw materials, certain prices were to be modified before the end of the period of validity of the catalogue, the customer would be informed at the time of ordering.

Prices are indicated in euros excluding tax, excluding shipping fees. Shipping cost are indicated at the end of the order.
Any change in the rate of VAT or any new tax that should be added between the moment of the order and that of delivery will be at the expense of the client.

4. Quote
Estimate are established according to the information communicated by the customer to PoubelleDirect. Any incomplete, incorrect or misleading information given by the client can have direct or indirect consequences on the aforementioned services and result in additional services necessary to ensure the operations continuation. PoubelleDirect commits to inform the client. Those additional services can then be the object of an estimate detailing the prices and delays. PoubelleDirect reserve itself the right to withhold the order execution until the customer agrees to the quotation. In the event of any dispute, only the paper estimate is valid.

5. Methods of payment
Payment can be made via:
– Bank transfer : Account n° : FR7630004025490001025595102 – Domiciliation : BNP Paribas 41 Av. De L´Opéra, Paris 02. BIC Code : BNPAFRPPXXX. In order to facilitate the processing treatment, we ask the administrators to have the paying agency mentioned the invoice number as being the subject of the payment order.

6. Ownership transfer – Risk transfer
PoubelleDirect retains full products ownership and/or equipments and accessories delivered until full payment and until the perfect execution of the customer obligations towards PoubelleDirect. Until this date, the products and/or equipments delivered will be considered as on deposit and the customer will bear all the risks relative to the damage the products and/or equipments could undergo or cause for whatever reason. In the event of failure to make full or part payment, PoubelleDirect, without any prejudice to its other rights, can obtain by rights and by notifying the customer by registered letter, the return of the products and/or equipments concerned at the client expense.

However, the risk transfer of loss and deterioration of the products and/or équipements sold is taken over by the transporters from our suppliers factories or from our warehouse and logistics platforms.

7. Delivery
Delivery time is between 4-8 weeks. It is only provided for information purposes only. It takes effect at the registration order date and is being subject to carrier availability and to the date at which orders are received. If, exceptionally, the announced deadline could not be respected, the client will be informed by mail and he will have the choice between maintaining his order or cancelling it. The Buyer can chose to request a compensation for the late delivery through a letter addressed to the Seller.

The request for compensation must be sent to the Seller via Email, Fax or Post within 3 days after Seller communication regarding shipment delay.

The letter of request for compensation must be signed as accepted by the Seller. Should the Buyer do not send a letter of request for compensation within the agreed timeframe, it is considered that the Buyer accepted the new delivery term without additional claims.

Delivery shall be effected by providing the goods directly to the client in exchange of a signature on the delivery receipt, PoubelleDirect reserves itself the possibility of fragmenting the deliveries. All products, whose description contains no special mention, are unloaded and deposited on the ground floor, with the customer possible help. The route between the carrier deposit place and the place of use is under the client responsibility.

8. Guarantee
Apart from the legal warranty involving latent defects art. 1641 and following art. of the Civil Code, our items have a conventional warranty. A guarantee certificate is sent with the confirmation order, It mentions, for each articles, the guarantee duration and exclusions. The guarantee period starts at the date of the product delivery or from the moment it is put into service by the registered agent. The guarantee period as well as the possibilities of extension are also specified in the products descriptions. The conventional warranty is void in the following cases: Abnormal or non-conforming use of the product in regard of its specifications, normal wear an tear or outer material incidents.

9. Delivery verification – Exchange – Returns
Independently of the optional guarantee 100% tranquility, if the product is unsuitable, the customer has a period of fifteen (15) days beginning with the date of reception of the merchandise to return equipment to PoubelleDirect by phone, fax, mail. Any product returned for exchange or refund must be in perfect condition, should not have been used and have to be provided with all furnished accessories and documents, unopened sealed folders, unpacked and unused consumables, in its original package in perfect condition (or any other appropriate packaging guaranteeing the integrality of the product during transport). An insufficiency of packing may lead to a refusal from the carrier to take over the goods.
The packaging and expedition cost are at the expense of the customer, except for the returns for which the cause can be attributed to PoubelleDirect. The transport organization for returned or forwarded products belongs to PoubelleDirect. All voluminous items shall require the prior written consent of PoubelleDirect.

Customs products or products without reference offered on estimate can be neither returned nor exchanged.

The products must be fully inspected upon receiving, in the presence of the courier or delivery driver. The product must be unpacked and inspected in full before signing the transport document. All visible damages – both of the packaging as well of the unpacked product must be written on the transport document upon delivery.
The buyer have 5 working days to send by Email, Fax or post office a letter detailing the damages and the copy of the transport document.

Should the Buyer make no comments or claims by the time of delivery, the delivery is considered successful and without damage. From there on the Buyer takes full responsibility of the products, any further claims will be considered unacceptable.

10. Responsibilities
PoubelleDirect can not be held responsible in cases of force majeure such as defined by the jurisprudence. In case of recognition of responsibility of PoubelleDirect for a sold product or for an associated service, the amount of damage and interest that could be allocated to the client shall under no circumstances be greater than the product price. Also PoubelleDirect cannot be held responsible toward the customer for any indirect damage such as financial and commercial prejudice.

11. Applicable law – Jurisdictional competence
For all contestations relative to sales realized by the company Smartup Cities SARL and to the application or interpretation to these general terms and conditions of sale, only the spanish courts are competent.

12. Data protection act – Personal data
PoubelleDirect undertake not to disclose to any third party the information communicated by the client.
Under the law n° 78-17 of January 6 1978 relative to the computing, to the files and to the liberties, the information which are asked to the customer are necessary for the order processing and are intended only for PoubelleDirect services.
The client has a right of access, communication, and modification of his personal data.