Terms of Sales

ARTICLE 1 – Scope of Application

In accordance with Article L 441-6 of the Commercial Code, these General Terms and Conditions of Sale (GTC) constitute the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which the Seller provides to professional buyers (the Buyer or Buyers) the following products (Products):

- All products offered by the Seller

These GTC may be supplemented by elements of general purchasing conditions possibly established by the Buyer on elements of their commercial relationship other than prices, payment terms (late penalties, rebates, etc.), and special sales conditions.

In the event of a conflict between these GTC and the Buyer's General Terms and Conditions (GTC), the GTC prevail and must be applied by the parties.

Any order for Products implies acceptance by the Buyer of the GTC and the General Terms of Use of the Seller's website for orders via the seller's website.

The fact that the seller does not avail himself of any of the clauses contained in these GTC cannot be interpreted as a waiver of the right to avail himself of them later.

The Seller may agree with the Buyer on specific conditions deviating from the GTC.

These GTC are valid for an unlimited period, until any modifications made by the seller.

ARTICLE 2 – Orders

2.2. Minimum Amount

No minimum order amount is required by the seller.

ARTICLE 3 – Prices

3.1. Price Details

The Products and Services are provided at the prices in effect on the day of placing the order or in the specific commercial proposal sent to the Buyer. The prices are firm and non-revisable for the entire period of their validity, as indicated by the Seller.

The applicable VAT is the VAT in effect on the day of placing the order, and any change in the rate may be passed on to the price of the Products.

Any tax, duty, fee, or other charge payable under French regulations or those of an importing or transit country shall be borne by the Buyer.

Prices are in euros and do not include:

3.2. Discount

No discounts will be granted by the Seller for payment of ordered Products before the payment date indicated on the invoice or within a shorter period than that provided for in the GTC.

ARTICLE 4 – Discounts and Rebates

Depending on the quantities requested by the Buyer or delivered by the Seller at one time and place, or the regularity of orders, the Buyer may benefit from discounts and rebates on the prices charged by the Seller.

ARTICLE 5 – Payment Terms

5.1. Payment Condition

For any order, the Buyer shall make payment for the price of the ordered Products by:

- VISA; Master Card; American Express; Paypal; Stripe; Apple Pay

The price is payable in full on the last day of performance of the contract comprising delivery of the Products, in accordance with the terms of the Delivery article, and the end of any Service provision.

5.2. Late Penalties

In the event of late payment by the Buyer, the Seller may suspend all orders in progress, without prejudice to any other recourse.

Any sum not paid on the due date set out in these GTC shall, as of right, without formal notice or demand, from the day following the date of payment specified on the invoice, incur late payment penalties at a rate equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten points.

A lump sum indemnity for collection costs of €40 shall also be due, automatically and without prior notice to the Buyer. The Seller reserves the right to claim from the Buyer an additional amount if the collection costs incurred exceed this amount.

ARTICLE 6 – Cancellation

In the event that the Buyer wishes to cancel their order after acceptance by the Seller, they have a maximum period of 24 hours from said acceptance, and in any case, cancellation cannot occur once the Products have been delivered to the Buyer.

ARTICLE 7 – Delivery

Products are delivered within a period of 5 to 7 working days from receipt by the Seller of the signed purchase order.

This period is not a strict deadline, and the Seller shall not be liable for any delay in delivery not exceeding a period of 40 days. In the event of a delay exceeding 40 days, the Buyer may request the resolution of the sale, and any advances paid will be refunded by the Seller.

The Seller's liability shall never be incurred in the event of a delay or suspension of delivery if this is attributable to the Buyer or to a force majeure event.

ARTICLE 8 – Returns

The Seller reserves the right to refuse the return of Products by the Buyer if they are not related to or in accordance with the return policies implemented.

ARTICLE 9 – Packaging

Packaging bearing the Seller's brand and/or name may only be used for the Products and under no circumstances for products that are not theirs.

ARTICLE 10 – Transfer of Ownership

Acceptance of the purchase order by the Seller automatically entails the transfer of ownership and the transfer of risks for the Products ordered.

ARTICLE 11 – Liability - Warranty

11.1. Warranty

Buyers benefit from the legal warranty against eviction and hidden defects.

The Products provided by the Seller are guaranteed against any defect in material or workmanship for a period of 14 days from their receipt by the Buyer.

The only obligation of the Seller under this warranty is, at its option, the replacement or repair of the defective Product or part, unless this mode of compensation proves to be impossible or disproportionate. The Buyer shall not be entitled to any compensation in the event of immobilization of the Product under this warranty.

The warranty does not apply to visible defects, defects and damage caused by natural wear and tear due to normal use of the Product or improper use of the product by the Buyer. It also does not apply to damage caused by force majeure events, such as, but not limited to, weather conditions, earthquakes, war, fires, strikes, etc.

No warranty shall apply in the event of non-payment in full of the sums due by the Buyer to the Seller.

11.2. Limitation of Liability

The Seller's liability can only be incurred in the event of gross negligence, intentional or fraudulent misconduct. In all other cases, the Seller's liability cannot be sought or incurred by the Buyers.

Buyers shall indemnify and hold the Seller harmless against any liability actions brought by third parties to the contract.

In any event, if the Seller's liability is incurred, it shall not exceed the value of the Products subject to the contract concluded with the Buyer.

ARTICLE 12 – Applicable Law - Disputes - Complaints Handling - Mediation

Applicable Law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, French courts shall have sole jurisdiction.

Complaints Handling: For any complaint, you can contact customer service at the contact details mentioned in the preamble of these terms only.

Jurisdiction: Any dispute arising from the formation, interpretation, or performance of this contract shall be the exclusive jurisdiction of the courts within the jurisdiction of Toulon, notwithstanding multiple defendants or third-party proceedings.

In the event of difficulties arising from the ordering or delivery of items sold on the Site, the Customer shall first contact OP LEGACY to seek an amicable solution. The Customer has the option to use a conventional mediation procedure or any other alternative dispute resolution method.

Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 2000:

- The Customer may bring the action either before the court of the place where they are domiciled or before the French courts,

- OP LEGACY may bring the action before the court of the place where the Customer is domiciled.