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Terms and conditions




Article 1. Scope


These General Conditions of Sale constitute, in accordance with Article L441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties.


Their purpose is to define the conditions under which the company Ponpon SASU registered in the Trade and Companies Register of Paris, under number 494 372 048 having its registered office in Paris (75003), 251 rue Saint-Martin, provides Buyers Professionals (“the Buyers or the Buyer”) the ranges of clothing and accessories for children (“the Products or the Product”) of which it is the distributor.           _cc781905-5cde-3194 -bb3b-136bad5cf58d_           _cc781905 -5cde-3194-bb3b-136bad5cf58d_         _cc781905-5cde-3194- bb3b-136bad5cf58d_           _cc781905- 5cde-3194-bb3b-136bad5cf58d_     _cc781905-5cde-3194-bb3b- 136bad5cf58d_ 

They apply without restrictions or reservations to all sales concluded by Ponpon with Buyers of the same category, regardless of the clauses that may appear in the Buyer's documents, and in particular its general conditions of purchase.

In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any Buyer who requests them, to enable them to place an order with Ponpon.

Any order of Products implies, on the part of the Buyer, the acceptance of these General Conditions of Sale and, where applicable, the general conditions of use of the “Business to Business” internet platform used by Ponpon.

The information appearing in Ponpon's catalogues, prospectuses and prices are given for information only and may be revised at any time. Ponpon is entitled to make any changes it deems useful.

In accordance with the regulations in force, Ponpon reserves the right to derogate from certain clauses of these General Conditions of Sale, depending on the negotiations carried out with the Buyer, by establishing Special Conditions of Sale.

Article 2. Orders – Prices

2.1. Placing the Order

The order is made on the order form made available to Buyers by Ponpon. Sales are only perfect after written acceptance of the Buyer's order by Ponpon.

Minimum orders are required for orders to be accepted.

2.2. Modification or cancellation of the Order

The modification or cancellation of the order requested by the Buyer may be taken into account on the condition of being notified to Ponpon by an amending order form at the latest within fifteen days of the dispatch of the initial order. In the event of modification or cancellation of the order by the Purchaser after the expiry of the aforementioned fifteen-day period and before the order confirmation referred to in article 2.3, the Purchaser shall be liable for compensation equal to 30 % of the value of the products which he no longer wishes to be delivered.

2.3. Order confirmation

The order confirmation will only occur after the expiry of the fifteen-day period referred to in article 2.2.

The order confirmation specifies the amount of the deposit to be paid, the terms of payment, the delivery period and the total price of the order. Where applicable, the order confirmation will specify the quantities available and any non-substantial changes to the products compared to the samples given to Buyers at the time of the order. In the event of modification or cancellation of the order by the Buyer after its confirmation, Ponpon will be entitled to obtain payment for all of the products which the Buyer no longer wishes to be delivered. In addition, the deposit paid with the order, as defined in Article 3 of these General Terms and Conditions of Sale, will be automatically acquired by Ponpon and cannot give rise to any reimbursement.

2.4. Prices

The products are supplied at Ponpon's prices in force on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Buyer. These prices are subject to review at any time, given the evolving nature of the range of products offered and its desire to adapt at all times to the opportunities offered by manufacturers and the launch of new references.

These prices are in Euros and excluding taxes, departure from the place specified in article 5 below and include the packaging necessary for the shipment of the products. Where applicable, the amount excluding tax of each invoice is increased by the applicable VAT at the legal rate in force.

The prices do not include transport, nor any customs fees and insurance which remain the responsibility of the Buyer. Transport costs outside metropolitan territory are the responsibility of the Buyer and are invoiced to him in addition on request.

Special pricing conditions may be applied depending on the specifics requested by the Purchaser concerning, in particular, the terms and delivery times, or the terms and conditions of payment. A special commercial offer will then be sent to the Buyer by Ponpon.

Article 3. Terms of payment

A deposit corresponding to 30% of the total price of the products is required upon receipt of the order confirmation. The balance of the price is payable in cash, upon receipt of the invoice and in any case before the delivery of the products, except for special conditions mentioned on the order confirmation. No discount will be granted.

Ponpon will not be required to deliver the products until the Purchaser has paid the due invoices.

The Buyer agrees to receive his invoices exclusively by electronic means.

In the event of late payment and payment of sums due by the Purchaser after the date of payment appearing on the invoice addressed to the latter, late payment penalties, calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by ten percentage points, based on the amount including tax of the price appearing on the said invoice, will be automatically acquired by Ponpon without any formality or formal notice.

Any delay in payment will result in the immediate payment of all sums due, without prejudice to any other action that Ponpon would be entitled to bring, in this regard, against the Buyer.

In the event of non-compliance with the payment conditions set out above, Ponpon also reserves the right to reduce or cancel any discounts granted to the Buyer. Special payment conditions may be applied after prior acceptance by Ponpon and during order confirmation.

Finally, a lump sum compensation for recovery costs, in the amount of forty euros per unpaid invoice will be due, automatically and without prior notification by the Buyer in the event of late payment. Ponpon reserves the right to ask the Buyer for additional compensation if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.

Ponpon reserves, until full payment of the price by the Buyer, a right of ownership over the Products sold, allowing it to regain possession of the Products. Any deposit paid by the Purchaser will remain acquired by Ponpon as lump sum compensation, without prejudice to any other actions that it would be entitled to bring against the Purchaser as a result.

Article 4. Discounts, Rebates and Rebates

The Buyer may benefit from discounts and rebates appearing in Ponpon's prices, depending on the quantities acquired or delivered by Ponpon at one time and at one place, or depending on the regularity of his orders.

Article 5. Deliveries

Deliveries are made subject to product availability. Delivery takes place by making the products available to the Buyer. The delivery dates, indicated in the order confirmation, do not constitute a strict deadline and Ponpon cannot be held liable with regard to the Buyer in respect of delivery deadlines. Ponpon is free to choose the carrier of its choice.

Ponpon reserves the right not to deliver an accepted order if there are unpaid invoices.

The products will be made available in France at the address appearing on the order confirmation, the products traveling at the risk and peril of the Buyer.

The Buyer is required to check the apparent condition of the products upon delivery. In the absence of reservations expressly made in writing and accompanied by the delivery note, by the latter, within fifteen days of delivery, the products delivered by Ponpon will be deemed to comply in quantity and quality with the order. No complaint can be validly accepted in the event of non-compliance with these formalities by the Buyer and the return of the products must imperatively have been accepted in advance by Ponpon, which will give on this occasion all useful instructions relating to the procedure for returning the Products. .

Ponpon, if able, may replace as soon as possible and at its expense, the products delivered whose lack of conformity has been duly proven by the Buyer. No claim can be accepted once the product has undergone any treatment, transformation, use or modification whatsoever.

Insofar as he chooses to use a carrier to have the products delivered to the place of his choice, the Buyer acknowledges that it is up to the carrier to make the delivery, Ponpon being deemed to have fulfilled his obligation. of delivery when he has made the products ordered available to the carrier who has accepted them without reservations.

The Buyer therefore has no warranty claim against Ponpon in the event of non-delivery of the products ordered or damage occurring during transport or unloading.


Article 6. Modification of Products and Orders

Ponpon could be required, without informing the Purchaser beforehand and without this resulting in compensable damage for the Purchaser, to make non-substantial modifications to the Products compared to the samples given to the Purchasers at the time of the order.

In addition, Ponpon could be forced to offer the Buyer a lower quantity of products than the quantity ordered, without this resulting in compensable damage for the Buyer. Nevertheless, the Buyer will be informed beforehand.

Article 7. Transfer of ownership - Transfer of risks


On the other hand, the transfer of the risks of loss and deterioration of the products takes place upon delivery of the products.

The Buyer therefore undertakes to insure, at his own expense, the products ordered, for the benefit of Ponpon, by ad hoc insurance, until the complete transfer of ownership and to justify this to the latter during the delivery.

Article 8. Liability - Guarantee

The products delivered by Ponpon benefit from a contractual guarantee for a period of six months, from the date of delivery, covering the non-compliance of the products with the order and any hidden defect, resulting from a defect in the material, design or manufacture affecting the products delivered and rendering them unfit for use.

The warranty forms an inseparable whole with the product sold by Ponpon. The product cannot be sold or resold altered, transformed or modified.

This warranty is limited to the replacement or reimbursement of products that are not in conformity or affected by a defect.

In order to assert his rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform Ponpon, by registered letter with acknowledgment of receipt, of the existence of a non-conformity or a defect within a maximum period of fifteen days from receipt of the products or discovery of the defect.

After acceptance of the return, Ponpon will replace the Products under warranty deemed to be defective. Failing to be able to proceed with the identical replacement, Ponpon will refund the price of the products after, if applicable, application of discounts, rebates or rebates.

The replacement of the products will not have the effect of extending the duration of the guarantee set out above.

Finally, the guarantee cannot intervene if the products have been subject to abnormal use, or have been used in conditions different from those for which they were manufactured. It also does not apply in the event of deterioration or accident resulting from shock, fall, negligence, lack of supervision or maintenance, or in the event of transformation of the product, or in the event of force majeure.

Article 9. Intellectual property

Each brand represented by Ponpon retains all the industrial and intellectual property rights relating to the Products, photos and technical documentation, which cannot be communicated or executed without its written authorisation.

Article 10. Disputes


Article 11. Applicable law - Language of the contract

By express agreement between the parties, these General Conditions of Sale and the resulting purchase and sale transactions are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

Article 12. Acceptance of the Buyer

These General Conditions of Sale as well as the prices and scales concerning discounts, rebates and rebates, are expressly approved and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore renounces to avail himself of any contradictory document and, in particular, its own general conditions of purchase.

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