Last update: August 25, 2023

​

These general terms and conditions of sale and service (hereinafter referred to as "the Contract") are entered into as of their last date of signature LOLEX, a limited liability company with capital of €2,500, registered in the Dax Trade and Companies Register under number of Dax under number 948239967, whose registered office is located at 683 avenue de Larrigan, 40510 Seignosse (hereinafter referred to by its trade name "MAISON Joseph"), and the legal entity or person whose information is given in the quotation of which this contract is an appendix and who is acting in a professional or commercial capacity (hereinafter referred to as "the Customer").

​

 

The General Terms and Conditions of Sale (GTCS) form the basis for commercial negotiation and are systematically sent or given to each purchaser to enable them to place an order. Acceptance of the quotation/order form, including the clause "I acknowledge that I have read and accept the attached general terms and conditions of sale", implies the buyer's unreserved acceptance of these general terms and conditions of sale.

​

     1. DEFINITIONS

"Quotation" means the quotation concluded between the Customer and MAISON Joseph determining the financial terms as well as the technical, functional and material characteristics of the service(s) and products ordered by the Customer.
"Customer Data" means all data and information provided entered, processed or stored by the Customer or by users and entrusted to MAISON Joseph as part of the services eventually provided by MAISON Joseph, which may contain personal data.
"User" means the final purchaser and user of the MAISON Joseph product.
"Deliverables" means all work, documents and results that may be delivered by MAISON Joseph to the Customer as part of the execution of the Services.
"Product" means all supplies that may be ordered by the Customer from MAISON Joseph.
"Services" means all services delivered to the Customer by MAISON Joseph, including consulting, deployment, training, assistance, commissioning, regarding the supplies sold by MAISON Joseph, as listed and detailed in the Quotation.
"Prerequisites" means the prerequisites that the Customer must comply with as part of the Contract, as defined in the Quotation or communicated by MAISON Joseph by any means. The Prerequisites may include, in particular, the conditions of shelving, staff training and display.

 

     2. PURPOSE

The purpose of this Agreement is to define the conditions under which MAISON Joseph will provide the Customer with all the Services, Deliverables, products in accordance with the provisions of any quotation accepted by the Customer. In the event that the Client wishes during the execution of the Contract to significantly modify or extend the scope of an accepted quotation, the Client must give MAISON Joseph prior written notice specifying the extent of the desired modifications. MAISON Joseph will respond in writing to this request specifying the financial conditions, execution and impact on the quote concerned. If additional services to those expressly defined in an accepted quotation are agreed by the parties, they will be systematically invoiced separately and will be formalized by a new quotation issued by MAISON Joseph.

 

     3. SALE OF SUPPLIES

All orders for products will be accepted solely on the basis of the prices applicable on the day the order is placed and as indicated in the quote. The products remain the sole property of MAISON Joseph and are sold with retention of title until full payment of the agreed price. The customer is obliged to notify MAISON Joseph immediately of any infringement of its property, such as in the case of a possible seizure of products made available under a sale before the date of transfer of ownership. If installation services are not ordered, the Customer is solely responsible for setting up and installing the products. The Customer undertakes to use the products in accordance with MAISON Joseph's rules of display and enhancement, prerequisites, and all other instructions. The Customer is responsible for any non-conforming use, theft, or degradation of the products that may affect their proper use or presentation.

The ordering procedure of a customer for MAISON Joseph products is the use of his space on the platform www.maison-joseph-pro.com. Access to this platform is subject to the allocation of a space dedicated to the customer by MAISON Joseph with login and password. MAISON Joseph reserves the right to close a customer account at any time, if the terms and conditions are not respected, or for any other reason related to a disagreement about the marketing of MAISON Joseph products.

​

     4. PRICES

The prices of the products sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and shipping costs applicable on the day of the order.
MAISON Joseph reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
The proposed prices include any discounts and rebates that MAISON Joseph may grant due to its results or the assumption by the buyer of certain services.
No discount will be granted for early payment.

 

     5. TERMS OF PAYMENT

Payment for orders may be made by bank transfer, credit card or cheque made out to SARL LOLEX.
Payments will be made under the following conditions:
Payment of 20% (including VAT) on the day the order is signed and payment of the balance before delivery of the goods, or cash on delivery at the time of actual delivery.

​

     6. TERMS OF DELIVERY

Orders for products will be processed and delivered in accordance with the times and frequencies stipulated in the quotation, although delivery days are given for information only. Exceeding delivery deadlines may not give rise to refusal of the goods, cancellation of an order, a request for price adjustment or compensation, or penalties for late delivery.
A minimum invoiceable order is mandatory, depending on the customer's geographical location. Same conditions apply to "carriage paid".
Metropolitan France: minimum order €200 excl. tax, carriage paid €400 excl. tax.
Europe: minimum order €250 excl. VAT, carriage paid €500 excl.
International: Minimum order €400 excl. VAT, carriage paid €800 excl.

 

     7. TRANSFER OF RISK AND RESERVES

Products travel at the Customer's risk. In case of damage, loss or missing items, it is the Customer's responsibility to make clear, precise and complete reservations on the transport documents and to confirm them by registered letter to the carrier and to MAISON Joseph within three days, not including public holidays, following receipt of the Material in accordance with article L.133-3 of the French Commercial Code. After verification, MAISON Joseph will decide what to do with these reservations. After the aforementioned period and if these instructions are not respected, no claim will be taken into account. In addition, the customer may not refuse to pay the invoice for supplies if no reservation has been made in accordance with this article.

 

     8. PRODUCT MARKETING

MAISON Joseph products are offered for sale through various commercial channels such as the showcase and merchant website www.maison-joseph.com or on seasonal markets. All these channels are fully controlled by MAISON Joseph and cannot be restricted by the customer for any reason whatsoever.
Conversely, the customer must indicate all commercial information that allows the marketing of MAISON Joseph products: place of sale, sales channel, prices applied, current promotions. The choice of places and channels of sale of products is exclusively granted by MAISON Joseph and the customer must not deviate from this rule.
MAISON Joseph may at any time refuse to continue the collaboration with a client if the latter does not respect the general sales conditions.

​

     9. TRAINING AND MERCHANDISING
If ordered by the customer, assistance services for staff training and product presentation may be provided by MAISON Joseph to the customer according to the specific terms and conditions set out in a prior estimate including the number of hours to be spent at the point of sale for these services, as well as the costs related to the travel of the person commissioned by MAISON Joseph. 50% of the total cost of the estimate must be paid before the start of the service.
In the event that the customer has not subscribed to the assistance services, any request will be invoiced at the rate of 125 €HT/hour, any hour started being recognized as due in full.

​

     10. EXCLUSIVITIES
Certain products are exclusive to the MAISON Joseph brand and are not available for sale in the boutique, except by individual agreement subject to a special contract with the customer. The prices quoted are recommended prices, respected in all sales channels.

 

     11. MAISON Joseph WARRANTIES on PRODUCTS

MAISON Joseph undertakes to deliver products in accordance with the agreed specifications and its documentation and to implement any contractual and legal warranties that may apply. Any contractual warranty on products purchased by the customer stipulated in the quotation is limited to the replacement or reimbursement, at MAISON Joseph's discretion, of a product that does not conform or is affected by a manufacturing defect. defect. Any warranty is excluded in case of misuse, negligence or lack of maintenance of the product by the Customer, as well as in case of normal wear and tear affecting the product. In the event of non-conformity or manufacturing defect of the product under warranty, the Customer must contact MAISON Joseph's after-sales service to find out how to return the equipment and any accessories. If necessary, and depending on each situation, MAISON Joseph may decide at its sole discretion to intervene directly with the user to replace or repair the defective product, according to terms to be agreed between the parties. All MAISON Joseph services that do not fall within the scope of the aforementioned warranties or within the perimeter of the estimate will be subject to a specific proposal and invoicing to be agreed between the parties.

​

     12. CUSTOMER WARRANTIES

The Customer guarantees first of all to respect the prerequisites necessary for the proper execution of the contract. The Customer will also be fully liable to MAISON Joseph and, without prejudice to the latter's other rights, undertakes to indemnify and hold it harmless against any action brought against it in respect of the non-conformity of the Customer's data with the regulations in force and, in particular, their illicit nature or infringement of third-party rights or non-compliance with any applicable regulations. Finally, the Customer acknowledges that he/she has all the necessary authorizations to allow the products to be installed by MAISON Joseph during the execution of the services. MAISON Joseph declines all responsibility in case of installation of the products required by the Customer without the appropriate and necessary authorizations.

 

     13. FINANCIAL CONDITIONS

The Customer undertakes to pay the price of the Services and/or the price of the products sold, as listed in the quotation. All sums due under this Contract must be paid in accordance with the payment terms and deadlines set out in the quotation. Without prejudice to MAISON Joseph's other rights, any default or delay in payment will result in the immediate application of late payment penalties equivalent to the rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) points, from the day following the agreed due date. MAISON Joseph will be entitled to apply a minimum fixed indemnity for collection costs of €40, without prejudice to its other rights, in particular for the actual costs incurred for this purpose and any related damages. These amounts will be deducted automatically from all sums owed by MAISON Joseph to the Customer, for any reason whatsoever.

 

     14. LIMITATION OF LIABILITY

MAISON Joseph can only be held responsible for a proven and exclusive fault in the realization of the damage. In this sense, it is recalled that MAISON Joseph can not be held responsible for tasks or supplies under the Customer or third parties. Whatever the basis of the claim, MAISON Joseph's liability for any damage, including any replacement, correction, reimbursement or price reduction or compulsory execution that may be requested by the Client and/or ordered, is limited to the amount of the sums collected by MAISON Joseph under the Contract during the last six months preceding the month in which the event giving rise to liability occurred. MAISON Joseph will not be held responsible for any breach of its obligations resulting from an event beyond its control.
MAISON Joseph will not be held liable for indirect damages such as loss of contracts or customers, operating loss, damage to brand image. Any loss suffered by a third party is considered indirect damage.

​

     15. DURATION AND TERMINATION

The Contract comes into force as from its last date of signature and remains in force until the complete realization of the services provided for in the Quotation.
All commitments entered into are binding on the Customer and may not be terminated in advance, except in the case of prior acceptance by MAISON Joseph, taking into account the reasons put forward and justified by the Customer. In any case, no refund of services paid in advance by the Customer will be granted, even in case of early termination accepted by MAISON Joseph.
In the event of a breach by either party of any of its substantial obligations under the Contract, not remedied within thirty (30) days from the date of receipt of the formal notice notifying the breach in question, the Contract will be terminated ipso jure and this, without prejudice to the other rights of the non-defaulting party.
Upon termination of the Contract, whatever the cause, all sums due to MAISON Joseph under the Contract will become immediately payable.

 

     16. CONFIDENTIALITY

The parties undertake to treat as strictly confidential and to treat as such all information of a commercial, financial or technical nature relating to the other party, regardless of the medium, communicated or collected during the performance of the Contract, identified as confidential or reasonably to be regarded as confidential. All publicly known information is deemed to be non-confidential. The parties undertake not to disclose or allow to be disclosed, directly or through an intermediary, in whole or in part, the confidential information of the other party, to any third party whatsoever, with the exception of employees and/or subcontractors requiring the information for the performance of their obligations. Each party undertakes to return to the other party, subject to the latter's full performance of its obligations, all documents or other media containing confidential information, as well as all reproductions thereof.

 

     17. PERSONAL DATA

The parties agree, each for what concerns it, to comply with the Data Protection Act No. 78-17 of January 6, 1978 relating to data, files and freedoms and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and the free movement of such data ("RGPD"). The Parties agree that the Customer's Data may if necessary be hosted by MAISON Joseph or its hosting subcontractor. However, the Customer remains responsible for making the backup of its data, MAISON Joseph does not assume any obligation to backup the Customer's data. In such a situation, the parties are required to enter into the personal data processing subcontracting agreement reproduced in the appendix to this contract.

​

     18. REFERENCE
MAISON Joseph is authorized to use the customer's distinctive signs for customer reference purposes on its advertising or promotional communication media.

​

     19. APPLICABLE LAW / DISPUTES
The contract is subject to French law. In the event of a dispute between the parties concerning the validity, interpretation or performance of the contract, and in the absence of an amicable agreement between the parties, exclusive jurisdiction is assigned to the Dax Commercial Court, notwithstanding multiple defendants or calls for guarantees, even for emergency or conservatory procedures. Notwithstanding the foregoing, MAISON Joseph will retain the right to assert any request for protective or emergency measures, in particular based on its intellectual property rights or confidential information, before any court of law. intellectual property rights or confidential information, before any other competent court of its choice.

 

     20. FORCE MAJEURE

MAISON Joseph cannot be held responsible if the non-execution or delay in the execution of any of its obligations described in these terms and conditions of sale results from a case of force majeure. As such, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

​