General Conditions of Sale
Professional Reseller
(Applicable effective January 1, 2023)
PLUME, the Seller is a manufacturer and supplier of motorized or non-motorized personal de-travel gear and bicycles.
These General Terms and Conditions of Sale determine the rights and obligations of the parties as part of the sale of Products offered by the Seller to the Buyer, Professional Reseller.
These General Terms and Conditions of Sale (CGV) govern the sales of the Products referred to in the preamble, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the option to modify the present at any time by publishing a new version, including on its website. The applicable GTCs are those that are in effect on the date of the order registration.
These CGVs are available on the PLUME website: https://www.plume-mobility.com/shop/gb/
The Buyer declares that he has taken note of all these General Terms and Conditions of Sale, and, where applicable, of the Special Conditions of Sale related to a product or service, and accept them without restriction or reservation.
The Buyer declares to be in a position to legally contract under French laws or validly represent the natural or legal person for which he commits.
Unless otherwise proven, the information recorded by the Seller is proof of all transactions.
The prices of the products sold are determined by the price scale negotiated with the Buyer.
They are denominated in Euros and calculated without taxes. As a result, they will be increased by the VAT rate and transportation charges applicable to the day of the order.
The proposed rates include discounts and discounts that the Seller would be required to award in light of its results or the Purchaser's management of certain benefits.
No discount will be made in case of advance payment.
Payment of a deposit of 30% of the total amount at the time of the order and the balance at the delivery.
All the regulations are made by bank transfer after automatic debit authorization granted by the Customer and validated by the bank institutions of the Parties.
In the event of a total or partial default of the goods at the payment maturity according to the terms defined in Article 4, the Buyer must pay to PLUME a delay penalty equal to three times the rate of legal interest.
The rate of legal interest retained is that effective on the day of delivery of the goods.
This penalty is calculated on the taxable amount of the remaining amount due, and runs from the due date of the price without any prior notice being required.
In addition to late payments, any amount, including the deposit, not paid at its due date, will result in the payment of a lump sum allowance of 40 euros due to recovery costs.
If within fifteen days after the implementation of the "Payment Relay" clause, the Buyer has not paid the remaining amounts due, the sale will be resolute in full right and will be entitled to compensation for damages to PLUME.
PLUME retains ownership of the goods sold to the full price payment, principal and accessories. As such, if the purchaser is subject to recovery or judicial liquidation, PLUME reserves the right to claim, under the collective procedure, the goods sold and remained totally or partially unpaid.
Delivery is made:
- either by direct delivery of the goods to the Buyer;
- either by sending a notice of disposal in store to the attention of the Buyer;
- either by the deposit of the goods at the place indicated by the Buyer on the order form.
The delivery time indicated during the registration of the order is for information purposes only and is not guaranteed.
As a result, any reasonable delay in the delivery of the goods may not result in the benefit of the Buyer to:
- the allocation of damages;
- the cancellation of the order.
The risk of transport is borne entirely by the Buyer.
In the event of missing or deteriorated goods during carriage, the Buyer shall make all necessary reservations on the order form upon receipt of the said goods. These reservations should also be confirmed in writing within five days of delivery by registered AR mail to PLUME.
The liability of PLUME may not be implemented if the non-performance or delay in the performance of any of its obligations described in these General Terms and Conditions of Sale results from a case of force majeure. As such, the force majeure means any external, unpredictable and irresistible event within the meaning of Article 1148 of the Civil Code.
PLUME products are guaranteed for two years from delivery to the final customer, in accordance with the legal provisions concerning the guarantee of compliance and the guarantee of hidden defects.
However, the guarantee is excluded:
- If the product has been modified or altered the specificities in such a way that it no longer meets the original specifications, in particular during a repair not conforming to the preconizations given by PLUME;
- For the replacement of consumable parts (non-structural element likely to wear due to normal use): tires, wheels, air chambers, bearings, brakes, cables and sheaths, the grip of the tray, handles, lighting leds, battery cells;
- For the repair of aesthetic defects related to normal wear when using the Product;
- For the repair of waste or breaks due to use in conditions not in conformity with the destination of the product, including by skatepark, in all terrain, in acrobatic use, transport of heavy loads or several people, or during immersion of the product, even partial;
- For repair of defects arising from the use of spare parts or accessories not approved by PLUME (including the charger);
- When no product failure was found by PLUME.
PLUME, the Seller is a manufacturer and supplier of motorized or non-motorized personal de-travel gear and bicycles.
Any dispute relating to the interpretation and enforcement of these general terms and conditions of sale is subject to French law.
In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Lille.