Customer service contact details:

SPASSO EUROPE, 141 rue des mésanges, 38500 Coublevie, France

Tel: 04.76.31.35.42 email: hello@spalina.fr

1. PRESENTATION AND SCOPE OF APPLICATION

The general conditions of sale (hereinafter “ General Conditions of Sale ” or “ GCS ”) are intended to govern the relations between

  • the company SPASSO EUROPE (hereinafter, “ SPASSO ”), a limited liability company, registered in the Grenoble trade and companies register under number 498 616 895, and
  • the customer (hereinafter, the “ Customer ”),

under any commitment relating to the provision of products and services at the request of the Customer.

SPASSO and the Client are, individually, referred to as the “ Party ” and, together, referred to as the “ Parties ”.

The Customer is a professional with an activity related to furniture, interior design, plumbing or the bathroom sector broadly understood wishing to acquire the Products. SPASSO and the Customer are therefore considered as professionals of the same specialty under French law.

The General Terms and Conditions of Sale provide the conditions that govern the sale of products under the “ SPALINA ” brand sold by SPASSO (hereinafter, the “ Products ”). These General Terms and Conditions of Sale, as well as all their updates, additions, additional conditions and all SPASSO rules and policies, together constitute the “ Contract ” between SPASSO and the Customer. They apply to the exclusion of all other conditions, in particular those applicable to sales of Products by an independent distributor.

The General Terms and Conditions are systematically communicated to all Customers prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document. The General Terms and Conditions are accessible at any time on the SPASSO website at the following address https://spalina.com/conditions-generales-de-vente-a-distance-professionnels/ . SPASSO reserves the right to modify or amend the General Terms and Conditions at any time.

The purchase of Products requires acceptance without limitation of the conditions set out in the General Terms and Conditions. When requested to do so by the Customer on the website, failure to accept the General Terms and Conditions by not checking the acceptance box constitutes the Customer's refusal to purchase the Products and use the Services offered by SPASSO. In the absence of acceptance of the General Terms and Conditions, the Customer will not be able to access all of the Products and Services.

Use of SPASSO services also requires acceptance of SPASSO's Privacy and Personal Data Protection Policy, available here .

2. PRODUCTS

The Products are presented on the website at the following address: https://spalina.com (hereinafter, the “ Site ”).

The main characteristics of the Products, including all substantial information about the Products, including their description, technical characteristics and related documentation, are provided to the Customer upon request. The Customer is required to read them before placing an Order.

The selection and purchase of a Product are the sole responsibility of the Customer. The photographs and graphics of the Products are not contractual and cannot engage the responsibility of SPASSO.

The Products are offered within the limits of available stocks.

SPASSO expressly reserves the right at any time to make any modifications that appear necessary or likely to improve the Products, without this giving the Customer the right to request cancellation of the sale.

3. ORDER

In order to place an order (hereinafter, the “ Order ”), the Customer must follow and complete the following steps:

  1. Access the Site;
  2. Follow the instructions available on the Site to open a customer account or identify yourself as a Customer;
  3. Complete the order form after having selected all the Products that the Customer wishes to purchase, specifying, for each of the Products, the desired quantity;
  4. Check the elements of the Order, identify and, if necessary, correct errors;
  5. Accept the T&Cs, which implies confirmation of the Order;
  6. Follow the instructions of the online payment service provider to pay the Price.

The Customer receives electronic confirmation of acceptance of payment for the Order at the email address provided when opening the Customer account.

Express and unreserved acceptance of the General Terms and Conditions, the designation of the Products chosen, their quantities, color, price and delivery conditions constitutes confirmation of the Order.

The Customer is committed to SPASSO from the moment he confirms his Order. Once confirmed, the Order cannot be modified or canceled (except in the event of exercising the right of withdrawal or in cases of force majeure).

The Order is considered finalized and is only prepared upon receipt of full payment from the Customer by SPASSO.

4. PRICE

The sales prices of SPASSO Products are indicated on the Site and expressed in euros, including VAT (hereinafter, the “ Prices ”). SPASSO reserves the right to modify the Prices at any time.

The Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Site and calculated prior to placing the Order.

Shipping costs are included directly in the total order amount. These may vary depending on the size of the package and the destination address.

For delivery to Corsica, an additional cost of one hundred and fifty (150) euros including tax will be applied for Products weighing less than 65 kg and two hundred and fifty (250) euros including tax for Products weighing more than 65 kg.

5. PAYMENT

Payment of the price of the Order by the Customer is made by transfer, by instant bank card, via the secure services of the payment provider (CIC Monetico) of SPASSO or Paypal.

Accepted bank cards are those from the Carte Bleue, Visa, Eurocard/MasterCard networks.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the return of the corresponding amounts.

6. DELIVERY

The Order is only prepared and delivery times only begin to run upon receipt of full payment by SPASSO.

Deliveries in mainland France (excluding Corsica) are carried out by a transport service provider independent of SPASSO. The Order for SPASSO Products is delivered to the address indicated by the Customer at the time of the Order within a maximum of six (6) working days from receipt of full payment from the Customer.

In the event of a request for delivery outside mainland France, the Customer must, at the time of placing the Order, make a specific request to SPASSO so that a quote can be sent to them as soon as possible.

When placing the Order, the Customer will inform SPASSO of the various risky passages that the carrier may encounter during unloading (existence of sidewalks, sumps, lawns, unstable ground, bridges, narrow, untarred roads, etc.).

For safety reasons, the carrier will not make deliveries if weather conditions do not allow it (e.g. frost) or in the event of force majeure. If the force majeure event continues beyond two (2) months from its occurrence, the Parties may notify each other by registered letter with acknowledgment of receipt, the cancellation of the Order without the right to compensation on either side.

In any event, in order to guarantee the safety of the Customer and that of the Order, only the carrier is authorized to decide on the most suitable place for unloading and the handling operations to be carried out.

6.1. Standard courier delivery terms

Delivery is understood to be at the property line or "truck/sidewalk foot". The Products are delivered to the foot of the Customer's store or building or their home in the case of individual residence.

Delivery is carried out by "courier", that is to say by trucks with a tonnage greater than 18 tonnes making several deliveries in a single round for logistical simplification.

It is the Customer's responsibility to facilitate access for a 19 to 38 ton truck for unloading the ordered Products. A clear area for unloading the Product is imperative as close as possible to its drop-off location.

Delivery is understood to be at the property line or "truck/sidewalk foot". The Products are delivered to the foot of the Customer's store or building or their home in the case of individual residence.

Delivery is carried out by "courier", that is to say by trucks with a tonnage greater than 18 tonnes making several deliveries in a single round for logistical simplification.

It is the Customer's responsibility to facilitate access for a 19 to 38 ton truck for unloading the ordered Products. A clear area for unloading the Product is imperative as close as possible to its drop-off location.

6.2. Delivery by courier service

Delivery cannot be made by “courier” when the carrier must use the following routes:

  • Roads prohibited to trucks of less than 18 tonnes (such as certain city centre streets or pedestrian streets);
  • Impassable roads (dirt roads, sand, forests, etc.);
  • Narrow paths;
  • Roads prohibited to trucks over 9 tonnes (residential areas, etc.).

In this case, the Customer must contact SPASSO and request delivery of the Products by a “courier” service with a truck of less than 18 tonnes which will transport a single SPASSO product to a single destination.

This “race” will incur an additional cost of one hundred and twenty-five (125) euros excluding VAT for the Customer, it being specified that the delivery remains a “foot truck/sidewalk” delivery.

6.3. Impossibility of delivery

If the configuration of the delivery location does not allow the carrier to deliver safely, the latter will then provide other means of delivery in order to complete the delivery or will agree with the Customer on a new delivery point as close as possible to the delivery address indicated on the order form. The Customer will then be able to collect the package at the new delivery point indicated. Any additional costs will be borne by the Customer.

In the event of an unforeseen absence on the part of the Customer at the time agreed with the carrier, any additional presentation to the initially scheduled delivery will remain the responsibility of the Customer.

In the event that the Customer fails to request a trip with a truck weighing less than 9 tonnes when delivery of the ordered Product requires it, the carrier cannot make the delivery and the carrier is forced to store the Product or arrange a deferred or adapted delivery, the amount incurred by SPASSO will be – upon presentation of supporting documents – invoiced to the Customer, which the Customer accepts and acknowledges.

6.4. Receipt of the package

It is the Customer's responsibility to open, unpack and check the condition and conformity of the products in the Order on the day of delivery, in the presence of the carrier.

It is the Customer's responsibility to check, or have checked by the end customer, each receipt in the presence of the carrier and in particular (i) to check the transport documents (correct goods for the correct recipient), (ii) to indicate the name of the recipient, the date and time of receipt, (iii) to check the number of pallets and the external appearance of the pallets and (iv) to open the packages in order to check the condition of the Products.

IN ALL CASES, THE CUSTOMER MUST OPEN THE PACKAGE IN FRONT OF THE CARRIER

If the packages, pallets and/or Products are damaged, the Customer must make specific reservations on the transport slip, mention the reference and/or name of the damaged Product and describe the damage (Example: Trace of impact on the pallet and broken display case reference AY001).

The absence of reservations, the formulation of imprecise reservations and the mention " subject to unpacking " have no probative value and will lead to a presumption of delivery of compliant Products.

When the carrier refuses to wait for the Customer to check the condition of the package and/or the Product, the Customer must indicate this on the delivery slip and have it signed by the carrier.

The Customer must confirm his reservations to the carrier by registered letter or email with acknowledgment of receipt, with a copy to SPASSO headquarters or by email to sav@spalina.fr , with supporting photos, within seventy-two (72) hours following the delivery date. The Customer must specify the transport number, the reference and/or name of the damaged product and describe the damage. In the absence of confirmation of the reservations within this period, the Products delivered are considered to be compliant.

If the request is accepted by SPASSO, SPASSO will proceed to repair, replace or refund the Product within fifteen (15) working days from notification to the Customer of acceptance by SPASSO.

Unloading is always the responsibility of the Customer.

7. RETURNS

The Professional Client does not benefit from the right of withdrawal.

Any return to SPASSO by the Customer must first be subject to a request for acceptance from SPASSO. After express acceptance by SPASSO, the Product may be returned in new condition and in its original packaging. This return will result in a 50% discount on the amount of the equipment compared to the invoiced price, with transport costs being borne by the Customer.

8. RETENTION OF TITLE AND TRANSFER OF RISKS

SPASSO retains ownership of the Products sold until full payment of the price in principal and accessories. Failure to pay any of the due dates may result in SPASSO claiming all of the Products and receivables.

These provisions in no way prevent the transfer to the Customer, upon dispatch, of the risks of loss and deterioration of the Products sold as well as any damage that they may cause as stipulated in the preceding paragraph.

9. OPENING AND CLOSING OF THE ACCOUNT AT THE CUSTOMER'S INITIATIVE

The Customer acknowledges that, in order to place an Order, he/she must have created a Customer account. The Customer may, at any time, close his/her account.

10. LIABILITY AND WARRANTIES

SPASSO guarantees the Products against alleged defects or hidden defects affecting the Products for a period of one (1) year.

SPASSO guarantees the Products sold under the “SPALINA” brand against defects of conformity for a period of twenty-four (24) months from the date of delivery.

SPASSO's guarantees apply to normal use of the Products and do not apply to damage or destruction caused in particular by assembly errors, improper use, faulty use or overloading.

SPASSO's guarantees do not apply to Products which are stored or kept by the Customer in conditions which are incapable of protecting them from any damage to their integrity or substance, such as bad weather or attacks of animal origin (such as damage caused by insects).

In the event of apparent non-conformity of the Products with the order form attributable to SPASSO, the Customer may request either the replacement of the Products or the cancellation of the invoice up to the price of the non-compliant Products, to the exclusion of any other form of compensation. In particular, SPASSO shall under no circumstances be required to compensate the Customer for any loss that may be linked to the delivery of non-compliant Products.

11. PRESCRIPTION

All actions to which the Order or delivery may give rise, whether principal or accessory, are prescribed within one (1) year from the conclusion and execution of the Order.

12. RESPECT FOR PRIVACY

The collection and use of data, including the entry and use of personal data, are governed by SPASSO's Privacy and Personal Data Protection Policy, accessible here .

In accordance with EU Regulation 2016/679 of April 27, 2016 (hereinafter, the “ GDPR ”), SPASSO has implemented a personal data processing system for the purpose of selling and delivering the Products defined in the T&Cs.

The data controller within the meaning of the GDPR is SPASSO as indicated in the preamble to the T&Cs. The legal basis for the processing of personal data is the contractual execution of the T&Cs.

The recipients of personal data in the context of the relationship between the Parties are SPASSO, SPASSO's departments in charge of marketing, sales, delivery, order processing and their subcontractors, the departments in charge of IT security as well as any authority legally authorized to access the Customer's personal data. No communication or transfer of the Customer's personal data outside the EU is planned.

The Customer has the right to request SPASSO to access, rectify, or erase their personal data. The Customer also has the right to object to the processing and portability of their personal data. The Customer has the right to lodge a complaint with the supervisory authorities.

The Customer's personal data requested when placing the Order are necessary to establish an invoice that meets legal obligations, as well as for the delivery of the Products ordered, without which the Order cannot be placed.

The Client has the right to define the processing of personal data after his death or dissolution and the right to limit the processing of his data.

The Client's personal data is kept for a period of ten (10) years.

13. UNIQUE IDENTIFICATION NUMBERS IN THE NATIONAL REGISTER OF PRODUCERS

Pursuant to Article L. 541-10-13 of the Environmental Code, SPASSO has been assigned the following unique identifiers (hereinafter, “ IDU ”) by ADEME:

  • IDU n°FR025109_05A8OE, certifying registration in the register of producers of Electrical and Electronic Equipment;
  • IDU n°FR018058_04FECS, certifying registration in the register of producers of construction products and materials in the building sector;
  • IDU n°FR018058_01RASG, certifying registration in the register of producers in the Packaging-Paper sector.

These IDUs certify that SPASSO has fulfilled its registration obligations in the registers of Producers of the aforementioned product categories and its marketing declaration obligations to the approved eco-organizations for each of these product categories.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

The General Terms and Conditions are subject to French law. Before any legal action, the Client and SPASSO will attempt to find an amicable solution to any dispute that may arise between them.

Any dispute relating to the interpretation or execution of these terms and conditions which cannot be resolved amicably will be submitted to the courts in whose jurisdiction SPASSO's registered office is located.

15. MISCELLANEOUS PROVISIONS

For any questions or comments, the Client is invited to contact SPASSO at the following address: SPASSO EUROPE, 141 rue des mésanges, 38500 Coublevie, France / Tel: 04.76.31.35.42 Email: hello@spalina.fr.

These General Terms and Conditions constitute the entire agreement between SPASSO and the Client concerning the subject matter hereof.

The current T&Cs can be viewed at any time on the Website at the following address: https://spalina.com/conditions-generales-de-vente-a-distance-professionnels/ .

If any provision of these T&Cs is held to be void or unenforceable, that provision will be deleted and the remaining provisions will remain in force.

The Client agrees that these T&Cs and all agreements incorporated herein may be automatically assigned or transferred by SPASSO at its sole discretion.

Section headings are for convenience of reference only and do not define, limit, interpret or describe the scope or coverage of their section.

Any possible inaction by SPASSO with regard to a breach by the Client or by third parties shall not mean that SPASSO waives its right to act with regard to subsequent or similar breaches.

All sections which, by their context, are intended to survive this Agreement shall survive any termination or expiration of this Agreement.

For any questions or comments, the Client is invited to contact:

The Seat

SPASSO EUROPE SARL

141 rue des Mésanges 38500 Coublevie

Tel: 04 76 31 35 42

After-Sales Service

Tel: 04 76 31 35 42

Email: sav@spalina.fr