General terms and conditions of Internet sales

1. Scope of the general terms and conditions of sale

1.1 The website www.polyflame.com is an activity owned and operated by POLYFLAME EUROPE SAS (Trade & Companies Register of Meaux 400 715 934, TVA FR42 400 715 934). The merchant site polyflame.com is the property of POLYFLAME EUROPE SAS.

1.2 These general terms and conditions of sale ("GTCS") govern any sale made on the merchant website www.polyflame.com ("the Site").

1.3 The website www.polyflame.com is intended exclusively for professional or professionals-like (associations, organisations, clubs, etc.), hereinafter referred to as "Purchaser".

1.4 The Purchaser's attention is particularly drawn to the fact that the placing of an order on the Site implies its unreserved acceptance of these GTCS, which take precedence over any other conditions including any General Conditions of Purchase or any other document issued by the Purchaser. This may only be waived in the context of an order made under special provisions expressly agreed in writing between the Purchaser and POLYFLAME EUROPE, prior to said order.

1.5 The fact that POLYFLAME EUROPE does not expressly or implicitly invoke any one of the articles of these GTCS at a given time may not be interpreted as a waiver by the latter to avail itself of any of the said articles at a later date. In any event, POLYFLAME EUROPE is only bound by the commitments made on its behalf by a person duly authorised for such purpose, in writing.

1.6 POLYFLAME EUROPE and the Purchaser are legally and economically independent professionals, who will always act as such.
In this respect, given the specific nature of the products marketed by POLYFLAME EUROPE ("the Products") and the regulations applicable to them, any resale of the Products by the Purchaser falls under its own responsibility.

2. Validity of offers and orders

2.1 Regardless of whether or not it has been preceded by an offer by POLYFLAME EUROPE, any order will only be definitive after it has been validated on the Site and expressly accepted by POLYFLAME EUROPE, according in particular to the available stock of Products. This acceptance will be given by POLYFLAME EUROPE in principle within a maximum period of 48 hours from the validation of the order by the Purchaser on the Site.

2.2 POLYFLAME EUROPE reserves the right to refuse an order for any reason whatsoever, particularly if it does not meet the minimum quantity of Products imposed by the latter.
In the event of a discrepancy between the acceptance of the order and the initial order related to the quantity of Products available, acceptance shall constitute an order unless the Purchaser refuses it in writing within 48 hours of the date of dispatch of the said acceptance.
In the event of multiple orders by the same Purchaser, orders will be processed by POLYFLAME EUROPE as and when they are received and will be accepted separately if necessary.
Any additional order will be considered by POLYFLAME EUROPE as a new order. The Purchaser may not claim the application of a lower price due to additional quantities of Products ordered later on the Site.

3. Modification or cancellation of an order

Any order accepted by POLYFLAME EUROPE may only be modified or cancelled by the Purchaser subject to the written consent of POLYFLAME EUROPE, prior to the shipment of the Products, and subject to the Purchaser's assumption of all costs resulting from such cancellation or modification.

Any order not yet accepted by POLYFLAME EUROPE and whose modification or cancellation takes place within 24 hours of its validation by the Purchaser on the Site may be accepted by POLYFLAME EUROPE, subject to the Purchaser's order number being stipulated and the Purchaser's assumption of all costs resulting from such cancellation.

4. Supply of Products and Documentation

The offers, quotations or acceptances of orders of POLYFLAME EUROPE are strictly limited to the Products expressly mentioned therein.

The prices of the Products are fixed by POLYFLAME EUROPE per article and by reference, and for a minimum quantity of Products indicated in the price list. These prices are exclusive of tax and of shipping costs.

The prices, characteristics and components of the Products appearing on the Site are given for information purposes only. These elements, and more specifically tariffs, are subject to change without notice, with immediate application, depending on economic circumstances, currency fluctuations or other circumstances.

Only the prices and characteristics of the products expressly indicated or recalled on the acceptance of the order issued by POLYFLAME EUROPE have a contractual value.

5. Delivery - Acceptance of the Products

5.1 Unless specifically instructed by the Purchaser and expressly accepted by POLYFLAME EUROPE no later than at the time of acceptance of the order, POLYFLAME EUROPE may choose at its discretion the method of delivery of the Products, via an authorised carrier.

5.2 Delivery of the Products shall be deemed to occur when they are made available to the Purchaser at the address indicated in the offer, in the acceptance of the order issued by POLYFLAME EUROPE or, failing that, in the order (the "Delivery Location").

5.3 The Products shall be delivered according to their availability and in the order for placement of orders. POLYFLAME EUROPE reserves the right to make partial deliveries, with corresponding partial invoicing.

5.4 The date of dispatch or availability of the Products appearing on the offer or acceptance of the order issued by POLYFLAME EUROPE ("the Indicative Delivery Date") is stated as precisely as possible but may fluctuate depending on the supply and transport times.
The Purchaser acknowledges that any delivery occurring within 15 calendar days after the Indicative Delivery Date will not result in the cancellation of the order. Subject to article 12 of these GTCS (" Force Majeure"), an order may be cancelled at the initiative of either party if the Products covered by the said order have not been delivered more than 5 calendar days after the Indicative Delivery Date.

5.5 The Purchaser shall not be entitled to any compensation for any delivery after the Indicative Delivery Date.

5.6 The Purchaser who does not receive the Products at the Delivery Location and on the Indicative Delivery Date or any other delivery date notified to it by POLYFLAME EUROPE shall nevertheless be obliged to comply with the payment terms provided for in these GTCS.
In this case, and in the absence of receipt of the Products by the Purchaser, the Products may be stored by POLYFLAME EUROPE in a location of its choice, at the expense and risk of the Purchaser, without POLYFLAME EUROPE incurring liability in this respect, on any basis whatsoever.

6. Prices

The prices of the Products are set according to the price lists indicated by POLYFLAME EUROPE, by reference and for a minimum quantity of Products stipulated in the price list.

Unless expressly stipulated otherwise, the prices of the Products mentioned in the order placed by the Purchaser on the Site, are those in force on the date of the order.

The Prices of the Products are exclusive of tax and exclusive of shipping costs. Any taxes, duties or other charges to be paid pursuant to the applicable regulations (French, the country of the importer or a country of transit) shall be borne by the Purchaser.

Shipping charges will be invoiced to the Purchaser at their actual cost for any accepted order for Products for a total price of less than 1,000 euros excluding taxes, duties or other charges.

7. Invoicing

An invoice shall be issued for each delivery of Product(s), at the same time as such delivery.

The invoice shall be sent to the Purchaser by mail and/or by electronic means.

8. Terms of payment

8.1 No payment is made directly on the Site. The payment terms relating to orders placed via the Site are identical to those that apply to orders placed directly via the POLYFLAME EUROPE sales teams, as described below.

8.2 Unless otherwise stipulated in the acceptance of the order, invoices are payable in full to POLYFLAME EUROPE within 30 calendar days of the invoice date, by bank transfer.

8.3 Without prejudice to any other recourse, any late payment shall automatically result in the payment of late payment interest equal to three (3) times the legal interest rate between professionals from the due date of the invoice, in addition to the amount of the fixed recovery compensation set at forty (40) euros in accordance with Articles L.441-6 and D.441-5 of the French Commercial Code. If the recovery costs incurred exceed the amount of this lump sum compensation, POLYFLAME EUROPE reserves the right to request their reimbursement upon presentation of receipts, including the fees of ministerial officers, lawyers and other participants in the recovery of the costs incurred by the recovery of the amounts due.

8.4 In the event of non-payment or late payment, POLYFLAME EUROPE may suspend the execution of all orders of the current Purchaser until full payment of the amounts due. POLYFLAME EUROPE may, if it sees fit, cancel the order in question 8 calendar days after sending a formal notice by registered letter with acknowledgement of receipt which has remained unheeded, and obtain compensation for the entire loss suffered by it (including the costs and fees related to any action taken by POLYFLAME EUROPE to protect its rights). The cancellation may cover not only the order in question but also all orders in progress or delivered, placed on the Site or not, whether payment is due or not. In all of the above cases, the amounts due for other deliveries will automatically become immediately payable if POLYFLAME EUROPE does not opt for the resolution of the corresponding orders.

8.5 Any significant deterioration of the Purchaser's credit or creditworthiness and, more generally, any particular situation of the Purchaser may justify POLYFLAME EUROPE's requirement of sureties or payment in cash, before or during delivery.
POLYFLAME EUROPE reserves the right, at any time, depending on the risks incurred, to set a limit for the outstanding amount of any Purchaser and to demand certain payment deadlines and/or certain guarantees.

9. Conformity - Product Warranty

9.1 POLYFLAME EUROPE undertakes to supply Products that comply with the standards applicable to them and comply scrupulously with its obligations regarding the safety of the Products.

9.2 Without prejudice to the specific provisions to be taken vis-à-vis the carrier, the Purchaser shall be responsible for checking the compliance of the delivered Products with its initial order (references, sizes, quantities), as well as for checking their lack of defects.

9.3 If the Purchaser considers that the Products are defective or do not comply in particular with the specifications of the order, it must notify POLYFLAME EUROPE by registered letter with acknowledgement of receipt within eight (8) calendar days of delivery of the said Products, under penalty of losing any possibility of recourse against POLYFLAME EUROPE. The Purchaser must provide all evidence as to the existence of the defects or anomalies found.
The Purchaser is reminded that it is its responsibility to give the carrier a similar notification within three (3) days, in the event of partial or total damage or loss due to transport. In this respect, reference is made directly to Articles L. 133-1 et seq. of the French Commercial Code.

9.4 Any return of Products must be subject to the prior written consent of POLYFLAME EUROPE. The costs and risks of the return shall be borne by the Purchaser. No return of Products will be accepted beyond one (1) month following delivery. Any return accepted by POLYFLAME EUROPE will give rise, at its discretion, to the issuance of a credit note or replacement of the defective Products, after qualitative and quantitative checking of the returned Products, to the exclusion of any compensation, on any basis whatsoever.

9.5 In any event and including in the event of return of the Product previously accepted by POLYFLAME EUROPE, any warranty of the latter is excluded if the non-Compliance or defect of the Product is found to result from normal wear and tear, abnormal use of the Product, damage resulting from abnormal shocks, handling errors, modifications or repairs not expressly authorised by POLYFLAME EUROPE, inappropriate storage, any accident or external event and/or beyond the control of POLYFLAME EUROPE.

9.6 POLYFLAME EUROPE does not warrant or recognise any warranty other than that expressly mentioned in these GTCS or, by way of derogation, which it has expressly accepted prior to the order.

10. Transfer of risks

Unless otherwise specified in the order confirmation, the Purchaser shall bear all the risks relating to the Products as well as any damage they may cause, from the time of their shipment (i.e. departure from POLYFLAME EUROPE warehouses or departure from the place indicated in the offer or acceptance of the order) until the end of the retention of title period provided for below. The Purchaser therefore undertakes to take out an insurance policy covering all risks of damage and liability caused or suffered by the Products during the retention of title period, as defined in article 11 below, regardless of the cause thereof, as from their shipment.

11. Retention of title

POLYFLAME EUROPE expressly retains title to the Products until full payment of their price in principal and/or accessories. In the event of non-payment of the price even partial, POLYFLAME EUROPE may therefore take back or have the Products returned, at the Purchaser's expense.

The Purchaser may resell the Products in the normal course of its business, provided that it informs the sub-purchasers in writing of the existence of this retention of title. In the event of seizure or any other intervention by a third party on the Products, the Purchaser must inform POLYFLAME EUROPE without delay in order to enable it to oppose it and to preserve its rights.

In the event of receivership or compulsory liquidation proceedings of which the Purchaser is subject, POLYFLAME EUROPE reserves the right to claim the Products in the context of said insolvency proceedings.

12. Force Majeure

12.1 POLYFLAME EUROPE may not be considered as having breached any of its obligations under these GTCS in the event of force majeure. Events of force majeure include events as defined by the Civil Code and the case law of the Court of Cassation, in addition to events of fire, flood, labour conflict, strike (within POLYFLAME EUROPE or one of its suppliers), mobilisation, requisition, embargo or any other event likely to cause the production or slowdown of the Products and/or delivery of the Products.

12.2 The performance of the obligations hindered by the event of force majeure shall be suspended for the duration of said force majeure event and shall resume spontaneously upon its termination. POLYFLAME EUROPE will notify the Purchaser in writing of the occurrence of such events as soon as possible, as well as their cessation.

12.3 Should an event and/or events of force majeure make the execution of an order impossible for a period of three (3) consecutive months, either party may cancel the order by simple written notification, without any compensation on either side.

13. Licences - Authorisations

Given the specific nature of the products marketed by POLYFLAME EUROPE and the regulations applicable to them, any act of resale of the Products by the Purchaser falls under its own responsibility.

Any Purchaser wishing to market the Products outside the territory of the European Union ("EU") must make a prior written request to POLYFLAME EUROPE, in order to ensure that specific agreements have not been established between the latter and one of its licensees and/or partners, subject to the applicable regulations on passive sales within the EU.

Any Purchaser (outside EU) is solely responsible for its compliance with the legislation in force and shall, where applicable, be in possession of import licenses as well as all other official authorisations and payment authorisations as may be necessary. The Purchaser shall not be released from its obligations with regard to POLYFLAME EUROPE in the event that it is unable to produce such documents and shall then pay for the Products in accordance with these GTCS.

In the event of an order expressly entered into according to the CIF Incoterms in accordance with the Incoterms of the International Chamber of Commerce, in particular by way of derogation from Articles 5 and 10 of these GTCS, the Purchaser must inquire about any trademark rights for registered models that might be claimed by other beneficiaries, POLYFLAME EUROPE declines any liability in this respect, on any basis whatsoever.

The Purchaser acknowledges that it is aware of the obligations and restrictions attached to the distribution of the Products under licence from the POLYFLAME EUROPE collection, particularly in terms of marketing territories.

Unless expressly agreed in advance in writing by POLYFLAME EUROPE, the use of the visuals of the Products, the reproduction and/or distribution of trademarks and logos apart from the media provided by POLYFLAME EUROPE are strictly prohibited.

14. Environment

For many years, POLYFLAME EUROPE has been pursuing a policy to reduce its environmental impact. It strives to implement logistical strategies that minimize environmental impacts (particularly in terms of storage and transport), to limit the amount of waste generated by its activity and to ensure the disposal of such waste in an environmentally friendly manner.

Within the framework of the application of the AGEC Act on the Extended Liability of the Producer, and as a producer and marketer, POLYFLAME EUROPE fulfils its obligations by being a member of the various eco-organizations relating to its product categories, namely:

  • For household packaging
    • Eco-organisation: Citéo
    • UIN: FR211783_01FNFZ
  • For its batteries and accumulators
    • Eco-organisation: SCRELEC
    • UIN: FR001253_06K7QU
  • For its household-specific diffuse products
    • Eco-organisation: EcoDDS
    • UIN: FR211783_07VGYP
  • For its electrical and electronic equipment (WEEE)
    • Eco-organisation: Ecologic
    • UIN: FR001253_05HZVL

The Purchaser undertakes to implement or continue any initiative contributing to the preservation of the environment and the mitigation of the impact of the marketing of the Products on natural resources.

15. Personal data protection

POLYFLAME EUROPE and the Purchaser undertake to comply with the regulations applicable to the processing of personal data and, in particular and where applicable for the Purchaser, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (known as the "GDPR Regulation").

The person responsible for the collection and processing of this data is POLYFLAME EUROPE, 23 allée du 1er May 77183 CROISSY BEAUBOURG - France, dpo@polyflame.com, to which any request for access, rectification, modification, limitation, portability or deletion of personal data may be made.

Personal data is collected by POLYFLAME EUROPE from the Purchaser during orders, for the sole purpose of executing the order, providing it with information on the Products and sending it information and commercial offers. Such data is stored for the period of execution of the order and for any guarantees that may be due in respect of these orders.

Recipients and Transfers. Access to personal data will be limited to the employees of the data controller, authorised to process them on the basis of their duties. The Purchaser's personal data may also be communicated to service providers duly authorised by POLYFLAME EUROPE, including subcontractors bound by contract to POLYFLAME EUROPE, who assist it in the performance of tasks necessary for the execution or delivery of the order. All POLYFLAME EUROPE service providers and subcontractors are located in the EU and contractually committed to ensuring the confidentiality and security of the processing of the Purchaser's personal data to which they have access and, on the other hand, to use them only on the instructions of POLYFLAME EUROPE for the purposes of the mission entrusted to them.

Data Subject Rights. Pursuant to European data regulations and the French Data Protection Act, the Purchaser has the right to request from POLYFLAME EUROPE access to, rectification or erasure of personal data, restriction of the processing of data concerning them, the right to object to the processing and the right to the portability of data concerning it.

Terms and Conditions for the Exercise of Rights. These rights may be exercised by mail addressed to: POLYFLAME EUROPE SAS, 23 ALLEE DU 1er MAI CS 31030 CROISSY-BEAUBOURG 77435 MARNE LA VALLEE CEDEX 2

Right to lodge a complaint with a supervisory authority. Moreover, in the event that the Purchaser fails to exercise the aforementioned rights with the data protection officer of POLYFLAME EUROPE, the Purchaser has the right to lodge a complaint with the CNIL, via the on-line complaint teleservice on the CNIL website: https://www.cnil.fr/ , or by post by writing to: CNIL - Service des Plaintes - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.

16. Applicable law and jurisdiction

Relations between the Purchaser and POLYFLAME EUROPE are subject to French law.

Any dispute which may result in the placing or performance of an Order, or which is the result or consequence thereof, shall fall within the exclusive jurisdiction of the Paris Commercial Court, even in the event of summary proceedings, interlocutory application, third-party claim or multiple defendants, regardless of the method of payment of the Products.

17. Legal Information

Polyflame Europe SAS
23 Allée du 1er Mai
77183 Croissy Beaubourg
Tel. +33 1 43 99 60 00
SIRET400 715 934 RCS Meaux
TVA FR42 400 715 934