Terms and Conditions of Sale - SEMPERTEX France

Article 1 - Purpose
The general terms and conditions of sale (GTC) detailed below outline the rights and obligations of SEMPERTEX France (SAS Eleven Ballons) and its customers regarding the sale of the following goods or services:

• The sale of all types of balloons,
• The sale of party, event, and decoration items,
• Professional training for adults.

Article 2 - Acceptance of Terms
By placing an order, the Buyer unconditionally accepts these general terms and conditions of sale. They take precedence over any other documents from the Buyer, including their general purchase conditions.

Article 3 - Pricing of Goods (or Services)
The prices of goods (or services) sold are those in effect on the date of the order. They are expressed in euros, excluding taxes. Consequently, VAT and applicable shipping costs will be added to the order total.

SEMPERTEX France (SAS Eleven Ballons) reserves the right to modify its prices at any time. However, the company commits to billing the goods at the prices indicated during the order's registration.

Discounts and Rebates:
The prices offered include any discounts and rebates that SEMPERTEX France (SAS Eleven Ballons) may grant based on its performance results.

No Early Payment Discounts:
No discounts will be granted for advance payments.

Article 4 - Payment
Payments for orders must be made either by credit card or bank transfer. Payments must be completed before the goods are shipped.

No Early Payment Discounts:
No discounts are granted for advance payments.

Late Payments:
In the event of total or partial non-payment for goods delivered by the due date, the Buyer must pay SEMPERTEX France (SAS Eleven Ballons) a late payment penalty equal to three times the legal interest rate.

The applicable legal interest rate is that in effect on the delivery date of the goods. This penalty is calculated on the total inclusive price of the remaining balance and accrues from the due date without any prior formal notice being necessary.

Termination Clause:
If, within fifteen days following the activation of the "Late Payment" clause, the Buyer has not settled the remaining amounts due, the sale will be automatically terminated, and SEMPERTEX France (SAS Eleven Ballons) may be entitled to claim damages.

Article 5 - Delivery
Products are delivered to the address specified by the Buyer at the time of the order. Delivery times are indicative and depend on product availability. The Seller cannot be held liable for delays due to force majeure or circumstances beyond its control.

Consequently, reasonable delivery delays do not entitle the Buyer to:

• Claim damages,
• Cancel the order.

The Buyer assumes all transport-related risks.

Article 6 - Receipt and Complaints
Upon receipt of the products, it is the Buyer’s responsibility to check the conformity of the goods. Any complaint regarding defects or non-conformities must be submitted within 5 days of delivery. If no complaint is made within this period, the products will be deemed accepted.

In case of missing or damaged goods during transport, the Buyer must make all necessary reservations on the delivery note upon receipt of the goods. These reservations must also be confirmed in writing within five days following delivery by registered mail with acknowledgment of receipt.

Article 7 - Return of Products
Product returns will only be accepted after prior approval by the Seller and must take place within 14 days following receipt. Returned products must be in their original, complete condition. A refund will be issued within a maximum of 15 days.

Returns are not accepted for perishable products, such as biodegradable latex balloons, due to specific storage requirements. We cannot guarantee their quality after being returned, so we cannot accept returns.

Return costs are the responsibility of the Buyer.

Article 8 - Liability
SEMPERTEX France (SAS Eleven Ballons) accepts no responsibility for damages resulting from improper use of the products by the Buyer or any incidents related to their use.

Article 9 - Intellectual Property
All elements of the website www.sempertexfrance.com, whether visual or auditory, are protected by copyright and trademark law. Any full or partial reproduction of the site is strictly prohibited without the express permission of the Seller.

Article 10 - Confidentiality and Personal Data
The personal information collected from the Buyers is necessary for the management of orders. It will only be used for this purpose and will not be passed on to third parties, except with the prior consent of the Buyer.

Access to computerized information:
In accordance with French Law No. 78-17 of January 6, 1978, the Client may request access to information concerning them and have it corrected.

Confidentiality:
All commercial or other types of information that one party has gathered from the other party, in any form (particularly orally during meetings and interviews), are confidential. Each party undertakes not to disclose or communicate any of this confidential information to anyone and to take all necessary measures to preserve this confidentiality.

Each party, as the recipient of such information, agrees not to use confidential information for any purpose other than the execution of the contract. The parties also agree not to claim industrial, literary, or artistic property rights over the confidential information and knowledge derived from this information.

Documents of any kind provided by the parties remain the property of the party that provided them.

The parties agree to return all documents, items, or products shared upon request or if the contract is terminated and not to keep any copies or reproductions. The obligations defined by this article remain in effect until the confidential information enters the public domain.

Article 10 - Retention of Title Clause:
SEMPERTEX France (SAS Eleven Ballons) retains ownership of the goods sold until full payment of the price, including principal and any applicable fees. In the event of the Buyer undergoing judicial recovery or liquidation, SEMPERTEX France (SAS Eleven Ballons) reserves the right to reclaim the goods sold but unpaid under the collective procedure.

Article 10 - Force Majeure:
SEMPERTEX France (SAS Eleven Ballons) will not be held responsible for non-execution or delay in fulfilling any of its obligations under these general terms and conditions due to a force majeure event. Force majeure is defined as any external, unpredictable, and irresistible event as outlined in Article 1148 of the Civil Code.

The party failing to meet this obligation will indemnify the other party by paying damages equivalent to three (3) times the gross annual salary of the engaged collaborator or employee.

Miscellaneous Provisions:
Any deadline set by these general terms and conditions expires on the last day at 24:00. If the deadline expires on a Saturday, Sunday, public holiday, or non-working day, it is extended to the next working day. If any of the provisions of these terms are deemed void or irrelevant, they will be considered as non-written, and this will not affect the validity of other provisions.

Jurisdiction:
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.

In the event of a failure to reach an amicable resolution, the dispute will be brought before the Commercial Court of Strasbourg.

Done at Hoerdt, on October 21, 2024.

SEMPERTEX France (SAS Eleven Ballons)
1 rue de l’innovation
67720 Hoerdt