General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter "GTC") apply to all sales of products made by La Vrac Attitude, a simplified joint-stock company (SASU) registered with the Grenoble Trade and Companies Register under number 882 813 474, with its registered office at 10C avenue de Verdun, 38240 Meylan, France (hereinafter "the Seller"), to any professional buyer (hereinafter "the Buyer").

These GTC apply exclusively to business-to-business (B2B) relationships. They take precedence over any document from the Buyer, including their general purchasing conditions, unless the Seller has given prior express written consent to the contrary.

The Seller reserves the right to modify these GTC at any time. The applicable GTC are those in force on the date the order is placed.

Placing an order with the Seller implies full and unconditional acceptance of these GTC by the Buyer, without reservation or restriction.

The Buyer acknowledges having had the opportunity to read these GTC prior to placing their order and waives any right to rely on any contradictory document.

Price offers are provided by written quotation, valid for 30 days from the date of issue, unless otherwise stated on the quotation.

Prices are expressed in euros excluding VAT (ex-VAT). The applicable VAT rate is that in force on the date of invoicing. Shipping, packaging and insurance costs are indicated separately on the quotation.

The Seller reserves the right to modify prices at any time. Orders are invoiced at the price in force on the date the confirmed order is placed.

In the event of a significant variation in the cost of raw materials (stainless steel, glass) exceeding 5% between the quotation date and the delivery date, the Seller may adjust the price after notifying the Buyer.

All orders must be placed in writing (letter, email or signed purchase order). An order is only firm once the Seller has provided express confirmation and, where applicable, upon receipt of the agreed deposit.

Any modification or cancellation of an order by the Buyer must be notified in writing. It is only accepted if production has not yet commenced. In such a case, costs incurred up to the date of cancellation remain the Buyer's responsibility.

Custom-made or personalised products may not be cancelled or returned once production has begun.

Unless otherwise specified on the quotation or invoice, the payment terms are as follows:

• 30% deposit upon ordering;
• balance upon receipt of invoice, net, without discount, within 30 days of the invoice date.

Payment is made by bank transfer. Bank details are provided on each invoice.

No early payment discount is granted unless agreed in writing by the Seller in advance.

In accordance with applicable commercial law, any late payment automatically entails:

• the application of late payment penalties calculated at the European Central Bank rate plus 10 percentage points, applicable from the first day of delay;
• a fixed recovery fee of €40 per unpaid invoice;
• the right for the Seller to suspend any ongoing deliveries.

In the event of non-payment by the due date, the Seller reserves the right to terminate the sale by operation of law, without prejudice to any claim for damages.

The Seller retains ownership of the products sold until full payment of the price in principal, interest and ancillary costs has been received.

In the event of full payment not being made by the due date, the Seller may demand the return of delivered products, without prejudice to its right to claim damages. The risks of loss, theft or deterioration of products are transferred to the Buyer upon delivery.

The Buyer undertakes not to resell, transform or pledge the products as long as their price has not been paid in full.

Delivery times are given as an indication on the quotation. They run from the date of order confirmation and receipt of the deposit.

Any delay in delivery shall not give rise to any penalties, compensation or termination of the contract, unless the delay is manifestly excessive and attributable to the Seller.

In the event of force majeure (shortage of raw materials, strikes, natural disasters, pandemic, etc.), delivery times may be extended without the Buyer being entitled to any compensation.

Delivery is made to the address indicated by the Buyer on the purchase order.

Shipping costs are the Buyer's responsibility, unless otherwise stated on the quotation. The Seller selects the carrier and mode of shipment, unless the Buyer has expressly requested a specific method.

For orders with a pre-VAT value exceeding €2,000, delivery is free of charge in mainland France (excluding Corsica and islands), unless otherwise stated on the quotation.

If the Buyer refuses delivery without legitimate cause, the costs of return, storage and re-shipping remain the Buyer's responsibility.

Upon receipt of the products, the Buyer must verify the conformity of the delivery (quantity, nature, condition of products) in the presence of the carrier.

In the event of apparent damage or shortfall, the Buyer must make precise and substantiated reservations on the carrier's delivery note, and confirm these reservations by registered letter to the carrier within 3 working days of delivery, in accordance with applicable commercial law.

Any claim not made within these deadlines and conditions cannot be taken into account. The absence of reservations constitutes acceptance of the delivery.

The transfer of risk occurs upon delivery of the products to the Buyer or, in the case of shipment, upon handover of the products to the carrier, even if ownership is retained until full payment.

It is the Buyer's responsibility to take out any appropriate insurance to cover the risks of loss, theft or deterioration of products from the time they are taken over by the carrier.

Products benefit from the statutory warranty of conformity and the statutory warranty against hidden defects, under the conditions provided by applicable civil law.

To invoke the warranty against hidden defects, the Buyer must:

• report the hidden defect in writing within 2 years of discovering the defect;
• provide proof that the defect pre-existed the sale and renders the product unfit for its intended use.

La Vrac Attitude products come with a contractual warranty of 2 years from the date of delivery, covering material and manufacturing defects.

This warranty covers the free repair or replacement of the defective part. Individual parts (glass panel, dispenser, seal, lid) may be replaced without having to replace the entire product.

The following are excluded from the warranty: damage resulting from use not in accordance with the instructions, improper maintenance, modifications made by the Buyer, normal wear and tear or accidental damage.

To invoke the warranty, the Buyer must contact the Seller in writing describing the defect observed and attaching a photo if possible.

The Seller's liability is limited to the pre-VAT amount of the order in question. The Seller cannot be held liable for indirect losses, including loss of revenue, customers or data.

The Seller is not responsible for damage caused by improper use of products, inappropriate storage or failure to follow maintenance instructions.

The Seller cannot be held responsible for failure to fulfil its obligations in the event of force majeure within the meaning of applicable civil law.

No product return is accepted without prior written agreement from the Seller. Any unauthorised return will be refused and sent back to the Buyer at their expense.

In the event of an accepted return due to proven non-conformity, the Seller will cover the return shipping costs. For any other accepted return (particularly in the case of an ordering error by the Buyer), return costs remain the Buyer's responsibility and a 15% reduction will be applied to cover reconditioning.

Returned products must be in perfect condition, in their original packaging. No return is accepted beyond 30 days from delivery.

All elements of the vracattitude.com website and the Seller's commercial documents (the "La Vrac Attitude" trademark, texts, images, videos, plans, industrial drawings) are protected by intellectual property law.

Any total or partial reproduction, representation or use, without prior written authorisation from the Seller, is strictly prohibited and would constitute an infringement punishable under intellectual property law.

The purchase of La Vrac Attitude products does not grant the Buyer any rights over the trademark or protected elements.

Personal data collected during the ordering process is processed by La Vrac Attitude as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and applicable data protection law.

This data is used for order management, invoicing, commercial follow-up and, with the Buyer's consent, for sending commercial information.

It is not sold to third parties for commercial purposes. It may be transmitted to service providers involved in fulfilling the order (carriers, payment service providers) to the extent strictly necessary.

The Buyer has rights of access, rectification, erasure, restriction and portability of their data by contacting: contact[at]vracattitude.com.

For more information, please consult our Privacy Policy.

These GTC and the sales contracts are governed by French law.

In the event of a dispute, the parties undertake to attempt to find an amicable solution before resorting to legal proceedings. In the absence of an amicable agreement within 30 days of notification of the dispute, the courts within the jurisdiction of Grenoble shall have sole jurisdiction, even in the case of multiple defendants or warranty claims.

This jurisdiction clause applies even in summary proceedings and notwithstanding any contrary clause in the Buyer's documents.