General terms of sale

Notice

Translation provided for information. In the event of a discrepancy, the French version prevails.

Article 1 — Purpose and scope

These General Terms of Sale ("GTS") govern the contractual relationship between SAS POMODORO, a French simplified joint-stock company with a share capital of €500, registered with the Marseille Trade and Companies Register under number 881 162 416 (SIREN 881 162 416 — head office SIRET 881 162 416 00013), EU VAT number FR95 881 162 416, whose registered office is at 59 avenue Joseph Vidal, 13008 Marseille, France (the "Seller" or "Pomodoro"), and any professional (restaurant, hotel, catering establishment, caterer) ordering customised tableware in porcelain or stainless steel (the "Customer").

The Seller has the products made by its partner factory in Italy and remains the Customer's single point of contact for the whole order. Any order implies unreserved acceptance of these GTS, which prevail over any other document of the Customer, unless otherwise agreed in writing.

Article 2 — Minimum order

The minimum order is 120 porcelain pieces per reference and per design, and 50 stainless steel pieces per size. A dinner plate and a soup plate with the same design are two separate references.

Article 3 — Order and quote approval

Every order is preceded by a quote and a digital mock-up of the customised product, sent to the Customer for approval. The order is only final once the Customer has approved the mock-up in writing (email or signature) and paid the deposit provided for in Article 4. The Seller cannot be held liable for a customisation error (logo, text, colour) that appeared on the mock-up approved by the Customer.

Article 4 — Prices and payment terms

Prices are stated in euros excluding VAT and are those in force on the day of the order; the amount including VAT (at the applicable rate, 20%) is stated on the quote. Shipping costs are calculated according to volume and stated on the quote before any order, unless an offer expressly states "shipping included".

Payment is made as follows: a deposit of 50% of the total order is due on ordering, this deposit constituting final confirmation of the order; the remaining 50% is due before the goods are dispatched, on receipt of the balance invoice and prior to delivery. If the balance is not paid within the agreed time, the Seller reserves the right to suspend dispatch of the order without incurring any liability.

Article 5 — Production and delivery times

The indicative production and delivery time is 3 to 5 weeks from approval of the mock-up and receipt of the deposit. This time is given for information only and does not constitute a firm commitment by the Seller. Exceeding it cannot give rise to any penalty, withholding, cancellation of the order or claim for compensation of any kind against the Seller, except in the event of gross negligence or wilful misconduct on its part. The Customer acknowledges that times may vary according to the production constraints of the partner factory and international transport times. Shipping terms are detailed on the Shipping page of the site.

Article 6 — Quantity tolerance and quality control

Owing to the manufacturing and quality-sorting processes of porcelain, the Customer expressly accepts a variation of plus or minus 15% in quantity compared with the quantity ordered. This tolerance is inherent in the manufacturing and quality-control process and cannot give rise to any claim or credit note, provided the final invoice is adjusted accordingly on the basis of the agreed unit price.

Article 7 — Receipt, transport damage and defects

The Customer undertakes to check the condition of the goods on receipt, in the presence of the carrier, and to note any reservations on the delivery note. In the event of pieces broken or damaged in transit, the Seller will refund or replace the pieces concerned, subject to all of the following conditions: the breakage must be reported by the Customer to the Seller, at contact@pomodoro-france.fr, within 48 hours of receipt of the goods; the report must be accompanied by clear photographs of the broken pieces and their packaging. Any report made after this 48-hour period or not accompanied by photographs cannot give rise to a refund or replacement.

Any manufacturing or printing defect must be reported within 15 days of receipt, with photographs. After validation by the Seller, the pieces concerned are replaced or refunded at the invoiced price. The full procedure is on the Returns and claims page of the site.

Article 8 — No right of withdrawal

The sale is concluded between professionals. Moreover, as the products are made to measure, to the Customer's specifications and design, the right of withdrawal is excluded in accordance with Article L221-28 3° of the French Consumer Code. The products can therefore be neither taken back nor exchanged, except in the cases of breakage or defect provided for in Article 7.

Article 9 — Intellectual property

The Customer warrants that it holds the necessary rights to the logo, text, image or any other graphic element supplied to the Seller for the customisation of the products, and indemnifies the Seller against any third-party claim in this respect. The Seller reserves the right to refuse any customisation contrary to public order or morality or infringing third-party rights.

Article 10 — Liability

The Seller's liability may only be incurred in the event of proven fault and shall in all cases be limited to the amount of the order concerned. The Seller cannot be held liable for indirect damage such as loss of business, loss of customers or commercial loss suffered by the Customer.

Article 11 — Force majeure

The Seller cannot be held liable for any delay or non-performance resulting from an event of force majeure as usually recognised by French case law, including in particular strikes, fires, natural disasters, epidemics or disruption of international transport.

Article 12 — Applicable law and disputes

These GTS are governed by French law. Any dispute relating to their interpretation or performance falls within the exclusive jurisdiction of the Marseille Commercial Court, failing a prior amicable settlement.