General Terms and Conditions of Sale General Warranty Conditions TIVOLY

PREAMBLE

These conditions are applicable, regardless of the buyer's general conditions. Any modifications that the parties could make to them require express written agreement.

ACCOUNT OPENING AND CREDIT CONDITIONS

Account opening and/or the application of our commercial conditions is subject to obtaining the documents (legal, financial) or guarantees that we deem necessary.
TIVOLY's written agreement and confirmation of commercial conditions confirm the validity of account opening.
TIVOLY reserves the right to set a credit limit beyond which cash payment may be required.

PRICING

The prices applied are those of the tariff in force on the day of receipt of the order at TIVOLY's headquarters. If the price undergoes a modification between the order date and the date of a previous offer, the new applicable price will be communicated to the buyer who, except for express refusal within two working days, will be deemed to have accepted it.
A surcharge will be applied to the net price of the item for any deconditioning requested by the customer with the order.

ORDERING

Orders transmitted to us are always understood subject to our acceptance. This can only result from the issuance of an order acknowledgment or direct execution of the order. Information shown on our catalogs, advertisements, price scales and other commercial documents or on our websites is given for information only and cannot bind us. It is the customer's responsibility to check the information stipulated on the Order Acknowledgment, particularly the tariffs and delivery conditions applied.

SPECIAL MANUFACTURING

Except for specific agreements, for orders of items requiring special manufacturing, we reserve the right to deliver and invoice 10% more or less compared to the ordered quantity. For orders of less than 10 pieces, this tolerance may be 2 pieces.

PAYMENT CONDITIONS

Except for derogation, all our sales are understood as payment within 30 days end of month. The place of payment is at TIVOLY's headquarters. In case of particular derogations to the above conditions, the buyer cannot claim a value "25" or any other previous or subsequent value to delay a due date by 30 days.
The minimum billing is €100 excluding VAT. Any order below this amount will be subject to administrative fee billing.
Advance payment or down payment with the order may be requested, depending on its specificities.
Payment deadlines are strict. No dispute over the quantity or quality of products sold, or over a description or amount appearing on the invoice, can authorize non-payment of an invoice at its due date. In case of partial delivery, the absence of complementary delivery or its postponement cannot delay payment for products already delivered.
Any payment made beyond this deadline will result in the application of penalties at the interest rate applied by the ECB (Refi rate) to its most recent refinancing operation increased by 10 percentage points. These penalties will be invoiced based on the number of days elapsed between the due date and the effective payment date. No discount will be granted for early payment.
The buyer's default of payment at the due date will automatically and by right result in formal notice and all non-due amounts will become immediately payable. A flat-rate indemnity equal to 15% of the principal amount of the debt or the quota of unpaid debt will be applied as a penalty clause with a minimum of €150 per claim.
Furthermore, without prejudice to all other damages, in case of payment delay, the debtor will automatically owe a flat-rate indemnity of €40 per invoice for collection costs, in addition to delay penalties. However, if the collection costs we actually incur are higher than €40, we reserve the right to claim additional compensation from the buyer for these additional costs.
Any default of execution, even partial, by the customer of any of their obligations towards us authorizes us, automatically and by right, to suspend without prior notice the execution of our obligations towards them. No compensation or retention right is admitted regarding our claims; only credits issued by TIVOLY can partially or totally cancel our invoices.

DELIVERY DELAY

Our delivery deadlines are given for information only and do not constitute a firm commitment on our part. In case of delay, we cannot be held responsible for any compensation, penalties or cancellation of the order.

TRANSPORT

Except for specific agreement, deliveries are made free to the buyer's shipping address as defined in the tariff in force.
For orders below €250 net, shipping costs are to be borne by the buyer.
In case of multiple partial deliveries not justifiable by us, the shipping costs of the second delivery may be charged to the buyer depending on the order amount.

DELIVERY COMPLAINT

Any complaint related to delivery must be made within eight days of receiving the goods. Beyond this deadline, the goods will be considered accepted.
The buyer is responsible for making all reservations with the carrier (damage during transport, missing pieces or goods) and informing us of this situation within 48 hours of delivery.
In case of apparent defects, we must be informed within eight days of delivery to arrange for return and replacement.
In case of hidden defects, we must be informed as soon as possible after discovery.
Only defects affecting the substantial characteristics of the goods will be considered.

MERCHANDISE RETURN

Any merchandise return must be subject to prior written agreement from TIVOLY. Returns can only be made in the original packaging or equivalent in perfect condition.
Return shipping costs are always at the buyer's expense. If the return is justified, TIVOLY will bear the return shipping costs and, where applicable, will reimburse the initial shipping costs.
Only goods in perfect commercial condition and in their original packaging will be accepted for return.
Custom or special manufacturing goods cannot be returned or exchanged.

PROPERTY RESERVE

In accordance with Law No. 80-335 of May 12, 1980, we expressly reserve ownership of the goods until full payment of their price. In case of non-payment, we reserve the right to demand return of the goods, and this at the buyer's expense.

WARRANTY - RESPONSIBILITY

TIVOLY BRAND PRODUCT WARRANTY
Our products are guaranteed to conform to specifications shown in catalogs. Tolerance is admitted insofar as current standards are respected. We provide no warranty regarding product suitability to achieve objectives set by the buyer in the absence of prior written validation by us of these objectives and technical specifications provided by the buyer. The buyer cannot invoke warranty recourse to suspend or defer payments.
PEUGEOT PROFESSIONAL TOOLS BRAND PRODUCT WARRANTY:
Since products are intended for professionals of the same specialty as PEUGEOT PROFESSIONAL TOOLS, TIVOLY in no way guarantees product choice, its suitability to fulfill intended use, its resistance and durability over time. Products are only guaranteed within limits defined below. Any other warranty of any nature is expressly excluded.
For concerned parts, our warranty is strictly limited to free replacement of parts recognized as defective in manufacturing or materials. Warranty is only considered for repairs performed by our authorized services.
Notably excluded from right of recourse to this warranty are damages resulting from:

• - lack of lubrication
• - lack of supervision
• - shocks
• - normal wear
• - in case of fall or overvoltage
• - in case of device opening by customer outside interventions permitted in user manual and/or in case of repair without new original parts,
• - in case of product modification,
• - in case of deterioration from transport carried out without precaution

INDUSTRIAL PROPERTY - CONFIDENTIALITY

TIVOLY is exclusive owner of studies, plans and models that the buyer may have become aware of within the framework of the contract. Any breach of these rules may be subject to legal proceedings.

DEROGATION

Any derogation from these general conditions of sale and notably the buyer's purchasing conditions, are only valid after written acceptance on our part.

JURISDICTION

In case of dispute, the Tribunal of Chambéry is exclusively competent, even in case of plurality of defendants or warranty appeal. French Law alone applies.

DATA MANAGEMENT

Information and data concerning the buyer are necessary for order management and maintaining good commercial relations. In accordance with current legal provisions, the buyer has a right of access and rectification to personal data concerning them. The buyer can exercise this right by addressing their written request to our services. Collection of concerned information is essential for order processing and delivery as well as invoicing. Thus absence of information to requested data may prevent order validation and completion. For any written request, the buyer must address, indicating their coordinates (company, email, address and if possible customer reference) to our customer accounting service.

NULLITY

Partial or total nullity of any of the provisions of these general conditions of sale will not affect the validity of other provisions.

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