These terms and conditions of sale govern the sale of Sixten products on b2b.sixten-environmental.com between SAS MEDIAMART, 114 rue des Vanniers, 40150 Soorts-Hossegor, France, SIRET 901 274 514 00016 ("MEDIAMART"), and any professional buyer acting for the purposes of its business (the "Buyer"). This is a translation: the French version prevails.
1. Scope
Placing an order implies the Buyer's unreserved acceptance of these terms, which it acknowledges having read before confirming the order. They prevail over any purchasing conditions of the Buyer, unless MEDIAMART has expressly agreed otherwise in writing beforehand. Specific conditions (prices, payment or shipping terms) may be agreed in writing with certain customers, in particular distributors and exclusive dealers; they then supplement these terms.
MEDIAMART may amend these terms at any time; the terms in force on the date of the order apply.
2. Business account
The site is for professionals only. To order, the Buyer opens an account with its company details (company name, registration number, EU VAT number, address). The account is activated once MEDIAMART has checked these details; MEDIAMART may refuse it without giving reasons. The Buyer guarantees that this information is accurate and undertakes to keep it up to date: it determines, among other things, the VAT that applies.
3. Orders
Orders are placed on the site. An order is firm and irrevocable for the Buyer as soon as it is confirmed; it may only be cancelled or changed with MEDIAMART's written consent. A confirmation email summarising the order is sent to the Buyer.
Orders are fulfilled while stocks last. If a product becomes unavailable after the order, MEDIAMART informs the Buyer and offers either a new delivery date or a refund of that product. MEDIAMART may refuse an abnormal order, an order placed in bad faith, or an order from a Buyer with whom there is a payment dispute.
4. Customised products
Some products can be customised with files (logos, artwork) supplied by the Buyer. The Buyer guarantees that it holds all the necessary rights to these files and that reproducing them infringes no third-party rights (trademarks, copyright, image rights); it indemnifies MEDIAMART against any claim in this respect.
The result depends on the quality of the files supplied: MEDIAMART may ask for a better file, or refuse content that is unlawful or offensive. Slight differences in colour or position compared with the on-screen preview are inherent to manufacturing and do not constitute a non-conformity. As they are made to order, customised products are neither taken back nor exchanged, except in the case of a manufacturing defect.
5. Prices
Prices are shown in euros excluding VAT, at the trade price list that applies to the Buyer's account. VAT is added at the current rate; it is not charged on intra-EU deliveries to a Buyer with a valid VAT number (reverse charge) or on exports outside the European Union, in which case import duties and taxes are payable by the Buyer. Any delivery charges are shown before the order is confirmed.
Prices may change at any time; products are invoiced at the price in force when the order is confirmed.
6. Payment
Unless specific terms have been agreed in writing, the price is payable in full when ordering, without discount, by one of the methods offered on the site:
- card, through the secure Stripe platform: the Buyer is charged when the order is confirmed;
- bank transfer: MEDIAMART's bank details are given when the order is confirmed; the order is processed once the funds are received.
Details are on the Secure payment page. An invoice is issued for every order and made available in the Buyer's account.
7. Late payment
Where payment terms have been granted, any amount unpaid on the due date automatically incurs, without any reminder being necessary, late-payment interest at three times the French statutory interest rate, plus a fixed recovery fee of €40 (articles L.441-10 and D.441-5 of the French Commercial Code). Further compensation may be claimed, with supporting evidence, if the recovery costs incurred are higher.
In the event of late payment, MEDIAMART may also suspend orders in progress and make any further delivery conditional on prior payment in full of the amounts due.
8. Delivery
Products are delivered to the address given by the Buyer when ordering, or made available at MEDIAMART's premises when the Buyer chooses collection (click and collect). Deliveries depend on availability; MEDIAMART may make partial deliveries. Delivery times are given for information only: a delay cannot justify cancelling the order, refusing the products or claiming damages.
Products are shipped by the carrier chosen by MEDIAMART. The risk of loss and damage passes to the Buyer when the products are handed over to the carrier, or when they are collected, even where carriage is paid.
9. Receipt and claims
The Buyer checks the products on receipt, in the presence of the carrier. If products are damaged or missing, the Buyer writes precise reservations on the delivery note and confirms them to the carrier by registered letter with acknowledgement of receipt within three days of receipt (article L.133-3 of the French Commercial Code), with a copy to MEDIAMART.
Any claim for visible defects or for products not matching the order must be sent to MEDIAMART in writing, through the contact form, within eight days of receipt, with photographs. No claim will be accepted after this period.
10. Returns
As the Buyer acts for the purposes of its business, the consumer right of withdrawal does not apply. No return is accepted without MEDIAMART's prior written consent, to be requested through the contact form.
Products returned with MEDIAMART's consent must be new, in their original undamaged packaging, with a copy of the invoice. Unless the product is non-conforming or defective, the cost and risk of the return are borne by the Buyer. Customised products are not taken back (article 4).
11. Warranty
Unless otherwise stated on the product or at the time of purchase, products are guaranteed against defects in materials and workmanship for six months from delivery (or for the statutory period if longer). The warranty is limited to replacing or repairing products that MEDIAMART recognises as defective, subject to mandatory provisions of law, in particular the statutory warranty against hidden defects.
To claim under the warranty, the Buyer submits the product to MEDIAMART's after-sales service through the contact form; its consent is required before any return. The warranty does not cover defects or damage resulting from abnormal storage or use, accident, lack of maintenance, normal wear and tear, or any modification of the product not provided for by MEDIAMART.
12. Retention of title
MEDIAMART retains ownership of the products sold until the full price, including any additional costs, has actually been paid. This does not prevent the transfer of risk to the Buyer set out in article 8. If payment is not made, MEDIAMART may reclaim the products; the Buyer shall not pledge them or transfer their ownership as security.
13. Resale
The Buyer resells the products under its sole responsibility, in its own name and on its own behalf. It may use the visuals and descriptions provided on the site to present Sixten products, provided it respects the brand's image; it shall not use the Sixten trademarks and logos in any way that could create confusion as to its status, nor resell through channels that harm the brand's image.
14. Liability
MEDIAMART is bound by an obligation of means. It cannot be held liable for indirect losses (loss of turnover, customers or reputation, loss of profit) and its total liability, for whatever cause, is limited to the amount of the order concerned, except in the case of gross negligence or wilful misconduct.
15. Force majeure
MEDIAMART cannot be held liable for any failure or delay in performing its obligations resulting from force majeure within the meaning of article 1218 of the French Civil Code, in particular supply shortages, strikes, transport disruption, fire, flood, epidemic or failure of telecommunication networks.
16. Intellectual property and confidentiality
The Sixten trademarks, logos, visuals and technical documents remain the exclusive property of MEDIAMART. Any technical documents given to the Buyer are confidential and must be returned on request.
17. Personal data
The data collected to process orders is handled in accordance with the GDPR, as described in our legal notice.
18. Governing law and jurisdiction
These terms and the sales they govern are subject to French law, excluding the Vienna Convention on the International Sale of Goods. In the event of a dispute, the parties will first seek an amicable settlement. Failing this, any dispute of whatever nature falls under the exclusive jurisdiction of the commercial court with jurisdiction over MEDIAMART's registered office, including for summary proceedings, incidental claims, multiple defendants or third-party claims. The French version of these terms prevails.
