General Conditions of Sale: DISTRIBUTOR - PROFESSIONAL RESELLER
1. Purpose hereof
1.1 These general conditions of sale (hereinafter “CGV”) apply to all agreements between S.A.S. LES PETITES PRODUCTIONS SA. and a professional distributor customer (hereinafter “Reseller”) under the terms of which the Reseller purchases products of the “MAZHARIA” brand (hereinafter the “Products”) from S.A.S. LES PETITES PRODUCTIONS A.S. (hereinafter “LES PETITES PRODUCTIONS » or the “Seller”). Any order for Products implies unreserved acceptance of these General Terms and Conditions. These prevail over any different or contrary clause appearing on the documents or correspondence of the Reseller which has not been the subject of express acceptance by LES PETITES PRODUCTIONS. These T&Cs cancel and replace the T&Cs previously issued by the Seller.
1.2 The Reseller undertakes to ensure that all third parties involved in the resale of “MAZHARIA” brand products are aware of and comply with these General Terms and Conditions, in particular Article 8, and that third parties enforce these conditions on their own. own co-contractors, if applicable.
2. Presentation of the Products
2.1 The Seller sells quality “MAZHARIA” brand decoration products.
2.2 The Reseller offers the Products to end consumers in physical stores or e-commerce and ensures compliance with the quality, style and image of the “MAZHARIA” brand.
3. Ordering Products
The Reseller is invited to consult the Product catalog on the website www.mazharia.fr (hereinafter the “Website”) and to place orders online. Any first order requires verification by LES PETITES PRODUCTIONS of the professional quality of the Reseller, and an initial exchange by email or workflow between the parties. The order process allows the Reseller to check the quantity and characteristics of the Products ordered. Therefore, it is up to the Reseller to carry out any prior verification, it being understood that any order placed and validated is final. LES PETITES PRODUCTIONS reserves the right to cancel or refuse an order if it turns out that the order was not placed by a professional reseller, or if the Reseller does not comply with these General Terms and Conditions. No more changes to orders confirmed more than 48 hours ago or to backorders.
4. Delivery of Products
Deliveries are made from the Bidache site (64, Pyrénées Atlantique). Unless otherwise noted, our products are not in stock. They are made just for you. Delivery times can vary from 8 to 12 weeks. All elements of your order will be delivered at the same time. A justified stock shortage cannot result in any penalty or damages for the benefit of the Reseller without LES PETITS PRODUCTIONS having expressly consented to it, nor the termination of the order or more generally of the current business relationship. In the event of the occurrence of a force majeure event within the meaning of article 1218 of the Civil Code, the obligations of LES PETITES PRODUCTIONS will be suspended without any penalty or compensation being claimed from it and without the Reseller being in right to offset or automatically deduct any penalty from the payment of invoices. Any committed delivery cannot be canceled by the Reseller. The Reseller must obligatorily and systematically sign the documents accompanying the delivery and must return, as soon as the unloading has been completed and the order has been checked, these signed documents. No returns or credits will be accepted more than six months from the invoice date. The Products travel at the Reseller’s own risk. In the event of loss or damage occurring during transport, the Reseller must, under penalty of having its claims rejected:
Make the usual reservations with the carrier,
Confirm reservations by registered letter within 48 hours; in order to maintain all rights vis-à-vis the carrier’s insurance company. If the Reseller does not meet these two conditions, he himself will suffer the consequences.
5. Price & Payment Terms
All orders will be invoiced at the excluding tax rate in effect on the order date, departure from Bidache. The Products are paid for when ordered, and are subject to a proforma invoice. After validation by the Customer by LES PETITES PRODUCTIONS' credit insurance, invoices are payable within thirty days for France and thirty days net from the invoice date for Europe. The Reseller's first order from LES PETITES PRODUCTIONS will be subject to full payment before delivery of the Products. In the event of cash payment within 10 days, LES PETITES PRODUCTIONS will grant a discount calculated according to the overall effective rate in force. Balances of less than €200 excluding tax are not managed and balances of more than 3 months are automatically deleted. Items purchased on promotions will not be returned or exchanged.
6 - Failure to pay
Failure to pay invoices by the due date will result, regardless of the payment method provided, without further formality in the application to the invoice:
a daily late payment interest equal to 3%, plus the legal interest rate. Interest accrues from the due date until full payment;
legal compensation in the amount of 40 euros for recovery costs per invoice. When the recovery costs incurred are greater than the amount of this fixed compensation, DUBOS may request additional compensation with proof of the costs actually incurred.
7 - Reservation of ownership
LES PETITES PRODUCTIONS retains ownership of the Products sold until the day of actual collection of the sums due by the Reseller, including the entire price in principal and incidentals. Judicial recovery or liquidation cannot deviate from these General Terms and Conditions, in accordance with the provisions of article L.624-16 of the Commercial Code. Failure by the Reseller to pay any of the due dates may result in LES PETITES PRODUCTIONS claiming the Products. The Reseller nevertheless assumes from delivery the risks of loss or deterioration of the Products as well as liability for damage that they could cause. The Reseller undertakes to take out insurance with a reputably solvent insurance company and to be able to provide proof upon simple request. This insurance must cover all risks for loss, destruction, theft, damage to the Products which it will assume until full payment of the price of the Products.
8- Marketing of Products
8.1 Use of trademarks
8.1.1 The “MAZHARIA” brand and the “MAZHARIA” logo are protected trademarks belonging to LES PETITES PRODUCTIONS (hereinafter the “Brand”).
8.1.2 The Reseller may display the “MAZHARIA” Brand in the sales promotion of “MAZHARIA” Products in store or on its merchant website, scrupulously respecting the Brand's graphic charter.
8.1.3 The Reseller will refrain from using the Brand in a manner that could harm the distinctive character or reputation of the Brand, in particular by associating it with products of lower quality, or by using the Brand as a trademark of appeal, likely to harm the image or reputation of LES PETITES PRODUCTIONS. 8.1.4 For advertising purposes, the “MAZHARIA” Brand can only be used in stores or on the Reseller’s commercial website. Advertisements reproducing the Brand must correspond to the image of the Brand (avoid bright colors and/or terminology that does not correspond to the quality of the Products).
8.2 Internet reseller
8.2.1 The Reseller undertakes to only present on its merchant website a quantity of Products consistent with the actual stock in its possession, and in accordance with the cycle of creation of the Products by DUBOS. The notion of "real stock" applies to the general case but in the event of a stock shortage of HAOMY products at the company SAS DUBOS AS, it is naturally possible to accept orders from customers with full knowledge of a delay of ‘supply.
8.2.2 The use of the Brands, photos of Products or other references to “MAZHARIA” cannot under any circumstances create confusion between the Reseller and LES PETITES PRODUCTIONS, nor suggest the existence of any link between the Reseller and LES PETITES PRODUCTIONS, which remain two independent traders. The identity of the Reseller must always be clearly visible on its merchant website, in order to avoid any confusion as to the identity of the owner of the site.
8.2.3 The use of the Brand, the name “MAZHARIA” or any terminology similar to it, and/or the name LES PETITES PRODUCTIONS in a domain name of the Reseller’s commercial website is prohibited. The use of a specific subpage named “MAZHARIA” is only authorized with the written consent of LES PETITES PRODUCTIONS.
8.2.4 The presentation pages of the Reseller's commercial website presenting the Products must comply with the graphic charter and the presentation of the Products proposed on the LES PETITES PRODUCTIONS Website, and offer a certain harmony with the entire site Reseller's merchant internet.
8.2.5 The Reseller's commercial website may include hypertext links to the LES PETITES PRODUCTIONS Website, after written authorization.
8.2.6 The reseller undertakes to practice a pricing policy on the Internet in accordance with the minimum “internet resale” price list given by the company LES PETITES PRODUCTIONS. 8.2.8 By failing to apply paragraph
8.2.7, the reseller undertakes to withdraw from internet sales all the products concerned by the list and will not be able to request any compensation or indemnity.
8.2.8 The company LES PETITES PRODUCTIONS authorizes Internet resellers to offer promotions on MAZHARIA products during:
legal sales periods
the week preceding the sales for “private sales”
“Black Friday” week
“Mother’s Day” week
Outside of these periods, the reseller will not be able to offer discounts, particularly on customer baskets for MAZHARIA products. Concerning MAZHARIA items purchased on sale at the end of the collection, it is requested to distinguish the sales which follow in a “CLEARANCE”, “PROMOS” sector on the websites.
8.3. Marketplaces
8.3.1 The Reseller may only sell the Products on marketplaces (or “Market place”) after having presented to LES PETITES PRODUCTIONS the envisaged platforms and obtained prior written agreement from LES PETITES PRODUCTIONS.
8.3.2 After obtaining authorization from LES PETITES PRODUCTIONS, the Reseller will regularly ensure that the marketplace respects the image and the “MAZHARIA” Brand, and undertakes to cease all sales if it appears that the marketplace no longer corresponds to the image of the Brand.
8.3.3 The Reseller is not authorized to use the “MAZHARIA” Brand or any terminology relating to the Brand as an SEO keyword.
8.4. Use of images
8.4.1 LES PETITES PRODUCTIONS holds the copyright on the photographs of the products reproduced in its promotional materials and on its website. Any use and/or reproduction on any medium whatsoever without the express prior authorization of LES PETITES PRODUCTIONS is prohibited.
8.4.2 LES PETITES PRODUCTIONS expressly authorizes the Reseller to use up to five photographs of each product on its promotional materials and on its commercial website, and will provide the photographs in a quality favoring reproduction upon simple request.
8.4.3 If the Reseller wishes to use photographs of the Products in a manner other than that authorized in these conditions, he may only do so with the prior written authorization of LES PETITES PRODUCTIONS.
8.4.4 The Reseller undertakes not to copy, by any means whatsoever, the photographs present on the LES PETITES PRODUCTIONS website or on any other medium, in order to avoid a loss of image quality leading to a deterioration of the brand image of LES PETITES PRODUCTIONS. Photos of Products from previous collections cannot under any circumstances be used by the Reseller.
9. Intellectual property
All Products and the elements relating to them, including, in particular, models, texts, logos or graphic charters, images, drawings, photographs, trademarks remain the exclusive property of LES PETITES PRODUCTIONS and/ or its partners and suppliers and are protected under the provisions of the Intellectual Property Code. The copying, modification, reproduction and/or distribution of these elements, in whole or in part, in any form whatsoever, is strictly prohibited without the prior written authorization of LES PETITES PRODUCTIONS. The Reseller also undertakes not to alter, in any way whatsoever, the Products or the elements relating to them which would modify or be likely to modify their composition and/or their appearance. Violation of the obligations referred to in this article constitutes an infringement within the meaning of the Intellectual Property Code and subjects any offender to the criminal and civil sanctions provided for in this respect by the legislation.
10. Personal data
As part of the execution of the General Terms and Conditions, the parties may communicate personal data relating to their staff (in particular, their name, title, signature, email). In accordance with the regulations regarding personal data, the parties undertake not to use the data for purposes other than those necessary for the execution of these terms. The parties also undertake to keep the data for a period not exceeding that necessary for the purposes for which they are processed. People whose data is processed benefit from a certain number of rights, including the right to access and rectify their data. Concerning the activities of the company LES PETITES PRODUCTIONS, this processing is carried out under the conditions explained in its Privacy Policy, which each new Customer is invited to consult and accept when creating their account. It is specified that the persons concerned may exercise their rights by specifying their identity and the subject of their request, by electronic means or by post to the following addresses: contact@mazharia.com or LES PETITES PRODUCTIONS, commercial department 11 rue Alcide Augey, 64200 Biarritz.
11. Jurisdiction and applicable law
In the absence of an amicable agreement between the parties, it is expressly agreed that any dispute relating to the interpretation and/or application of these General Terms and Conditions and/or relating to the sales contract or the commercial relationship which may exist between LES PETITES PRODUCTIONS and the Reseller, will be under the exclusive jurisdiction of the Courts of Paris, even in the event of a warranty claim or multiple defendants. French law is only applicable. Eco-Mobilier unique identifier: FR025942_10L8UH