General Conditions of Sales for Professionnals

UN SOIR A L'OPERA

30 RUE DE LA PIERRE 44350 GUERANDE FRANCE
SIRET 801 117 029

1. Orders - General Provisions

1.1

These general terms and conditions apply to all our sales and/or services. The mere act of contracting with us implies, at the same time, the application of these general conditions to any client and constitutes their express waiver of their own general terms and conditions of purchase.

1.2
Our clients' orders are only registered in accordance with the general conditions below, unless expressly accepted otherwise by us.

1.3
Any order must be entered in the B2B.unsoiropera.com client area and only binds us if we have accepted it in writing by sending a proforma invoice validating the order.

1.4 Execution

Our responsibility cannot under any circumstances be engaged if, for reasons beyond our control, including the impossibility of normal company operation, lack of raw materials or packaging (breakage), or any other force majeure, we are unable to deliver.

1.5
UN SOIR A L'OPERA reserves the right to refuse an order placed via the MAISON et OBJET platform if a store already exists in the concerned city and creates local competition.

1.6
Order cancellations by a client must be made within 8 days by email or by phone.

2. Delivery - Transport

2.1
Delivery takes place when the goods are delivered by GLS/FEDEX/UPS/TNT or COLISSIMO. Delivery addresses must be entered in the client account. For certain territories abroad, sales are made under EXW Incoterms.

2.2 Transport of Dangerous Goods
Depending on the products ordered containing alcohol, IATA packaging may be required and charges may apply.

2.3
Delivery times are indicative. Exceeding them for any reason whatsoever shall not justify the cancellation of the order or give rise to the payment of damages on our part.

2.4 Claims
In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing, and photographic proof must be sent.

3. Invoicing - Payment

3.1
Goods are invoiced at the price in effect on the day of the order and are payable by bank transfer.

3.2
Our invoices are payable to the following Banque Populaire accounts: FR76 1380 7002 3133 2214 5869 045 - CCBPFRPPNAN or FR76 1020 7000 5522 2125 5251 990 - CCBPFRPPMTG.

3.3
Any payment made after the payment date indicated on the invoice will, after formal notice by registered letter with acknowledgment of receipt, result in the application of a late payment penalty calculated on the basis of 3 times the legal interest rate in force in France on the payment date appearing on the invoice (in accordance with LME Law No. 2008-776 of August 4, 2008). If, within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the outstanding sums, the sale will be automatically terminated and may give rise to the awarding of damages to the company UN SOIR A L'OPERA.

3.4
Similarly, if we have serious or particular reasons to fear payment difficulties for the client at the date of the order or subsequent to it, we may make the acceptance of the order or the continuation of its execution conditional on payment before delivery or in cash, on limiting the client's unpaid amount, or on the client providing guarantees in our favor. An overdue invoice not paid within eight days will result in the cancellation of the 30-day payment term granted to clients in France, reverting to payment before order shipment.

3.5All orders outside the European Union and international orders are payable in advance before goods are shipped.

4. Retention of Title

4.1
It is expressly agreed that we retain ownership of the goods until full payment of their price, principal and interest. The issuance of a bill of exchange or other payment instrument does not constitute payment for delivery. The buyer must therefore take all necessary measures and all necessary insurance to cover these risks. In the event of judicial liquidation or receivership of the buyer's goods, the seller has the right to claim ownership of the goods.

5. Liability

5.1
Our company is not responsible for delays caused by traffic disruptions, fire, flood, strike, or war, as well as any case of force majeure. The liability of the company UN SOIR A L'OPERA cannot be invoked if the non-execution or delay in the execution of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this regard, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.

6. Applicable Prices

6.1
The prices of the goods sold are those in effect on the day the order is placed. They are denominated in euros and calculated exclusive of taxes. Consequently, they will be increased by the applicable VAT rate and transport costs on the day of the order. UN SOIR A L'OPERA reserves the right to modify its prices at any time. However, it undertakes to invoice the ordered goods at the prices indicated when the order was registered.

7. Personal Data

The Buyer and UN SOIR A L'OPERA are informed that all data collected as part of the Service when placing orders are processed by UN SOIR A L'OPERA and third-party providers (payment and transport providers) for the purpose of processing said orders. The Buyer's information and data relating to delivery are transmitted by the Seller to the carrier solely for the purpose of enabling the carrier to ship the ordered product(s). Under no circumstances may they be used for other purposes. Sellers undertake to ensure the security of the personal data they retain for the purpose of executing and monitoring orders. In case of difficulty concerning the processing of this data, the Buyer may contact the Seller either by email or by phone.

8. Applicable Law - Jurisdiction

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale operations mentioned therein, are subject to French law. Any dispute will be submitted to the Commercial Court of Saint Nazaire (44), without any jurisdiction clauses that may exist on the buyers' documents being able to obstruct this clause.