General terms and conditions of sale

Purpose and scope

These Terms and Conditions apply to sales concluded by VANK DISTRIBUTION with customers acting for professional purposes, including retailers, distributors, wholesalers, stores, retail chains, e-commerce businesses, marketplace sellers and buying groups.

They apply to sales made through the website, by quotation, purchase order, commercial correspondence or any other method accepted by VANK DISTRIBUTION.

Products and nature of stock

VANK DISTRIBUTION notably sells products originating from stock clearance, overstock, end-of-line stock, range changes, liquidations and other commercial opportunities.

Products may be offered individually, in lots, cartons, pallets or professional quantities depending on available stock.

Photographs, descriptions and commercial information are provided for information purposes. Minor differences in presentation, packaging, packing or product version may occur without affecting the essential characteristics of the product.

Stock availability

All offers are subject to stock availability.

Due to the nature of the stock clearance business, available quantities may change rapidly. Stock levels displayed are updated using VANK DISTRIBUTION's management systems but remain subject to final confirmation.

In the event of total or partial unavailability after an order has been placed, VANK DISTRIBUTION may offer an adjustment to the quantity, an equivalent product, a credit note or a refund corresponding to the unavailable products.

Orders

The customer is responsible for checking product references, quantities, billing and delivery addresses and all other information provided when placing an order.

The order becomes binding once it has been approved by VANK DISTRIBUTION and, where applicable, once the required payment has been received.

VANK DISTRIBUTION reserves the right to refuse or suspend an order in the event of a payment incident, previous dispute, incomplete information, obvious error, suspected fraud or lack of stock availability.

Prices

Unless otherwise stated, prices are expressed in euros excluding VAT.

VAT and any applicable taxes are calculated in accordance with the regulations in force and the customer's tax status.

Transport, insurance, handling and other additional service charges are not included in product prices unless expressly stated otherwise.

VANK DISTRIBUTION may change its prices at any time. Products are invoiced at the price accepted when the order is confirmed.

Payment terms

Available payment methods may include:

• bank card;
• bank transfer.

Unless otherwise agreed in writing, goods must be paid for in full before they are dispatched or made available for collection.

Deferred payment terms

Where VANK DISTRIBUTION expressly grants deferred payment terms, the applicable due date is the one stated on the quotation, purchase order or invoice.

In all cases, agreed payment periods may not exceed the statutory limits applicable to business-to-business transactions.

Late payment

Any amount not paid by its due date will automatically incur late-payment penalties from the day following the due date, without the need for a prior reminder.

The rate of late-payment interest is equal to the rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points, unless another rate compliant with applicable regulations is specified in the commercial documents.

A professional customer who fails to pay on time is also automatically liable for a fixed recovery charge of €40.

Where the recovery costs actually incurred exceed this amount, VANK DISTRIBUTION may claim additional compensation upon presentation of supporting evidence.

No discount for early payment

Unless otherwise agreed in writing, no discount is granted for early payment.

Delivery and collection

Warehouse collection

Customers may collect their orders from the VANK DISTRIBUTION warehouse, 2 Rue de l’Électrolyse, 62410 Wingles, France, once preparation has been confirmed and by appointment where required.

Transport

Where delivery is requested, VANK DISTRIBUTION may provide a specific transport quotation based on the volume, weight, number of pallets, destination, type of goods and logistical requirements.

Delivery times are estimates unless VANK DISTRIBUTION expressly agrees in writing to a firm delivery date.

A reasonable delay shall not automatically entitle the customer to cancel the order or claim compensation, unless mandatory legal provisions or specific contractual commitments provide otherwise.

Receipt of goods and transport

The customer must inspect the goods upon receipt, including the number of parcels or pallets, the external condition of the packaging and any visible damage.

In the event of damage, loss or an apparent transport-related discrepancy, the customer must make precise and detailed reservations with the carrier upon delivery and complete the necessary formalities within the applicable statutory time limits.

A general reservation such as "subject to unpacking" is not, on its own, sufficient to precisely identify transport damage.

Claims

Any claim relating to an incorrect reference, missing quantity, defect or non-conformity must be submitted to VANK DISTRIBUTION as soon as possible after receipt.

The customer must provide at least the order or invoice number, the product reference concerned, the quantities and, where relevant, photographs enabling the issue to be identified.

Returns

No goods may be returned without the prior approval of VANK DISTRIBUTION.

Products returned without prior authorisation may be refused.

Responsibility for return transport costs and the conditions applicable to replacement, credit notes or refunds will be determined according to the nature of the claim and the responsibilities established.

Business-to-business sales only

The B2B catalogue and these Terms and Conditions are intended for professional customers.

Consumer protection rules specifically applicable to consumers do not apply to commercial relationships entered into for the purposes of the customer's professional activity, unless mandatory legal provisions provide otherwise.

Retention of title

VANK DISTRIBUTION retains ownership of the goods sold until all amounts due in connection with the order have been paid in full, including principal amounts, charges and ancillary costs.

Failure to pay may result in VANK DISTRIBUTION reclaiming the goods in accordance with applicable regulations.

Customer responsibilities

The professional customer is responsible for the resale, storage, handling and use of the products in accordance with their intended purpose, applicable regulations and manufacturers' instructions.

In particular, it is the customer's responsibility to ensure that the products are suitable for the market, country and distribution channel in which they intend to sell them.

Liability of VANK DISTRIBUTION

VANK DISTRIBUTION shall not be held liable for damage resulting from abnormal use, modification of a product, inappropriate storage, negligence by the customer or failure to comply with the manufacturer's instructions.

VANK DISTRIBUTION shall also not be held liable for any delay or failure to perform resulting from an external event that is unforeseeable or reasonably beyond its control.

Force majeure

Neither party shall be held liable for failure to perform its obligations where such failure results from an event of force majeure within the meaning of French law.

Depending on the circumstances, such events may include natural disasters, fires, conflicts, epidemics, administrative restrictions, major network disruptions, logistical blockages or serious carrier failures.

Personal data

Data collected in connection with orders and commercial relationships is used to manage customer accounts, orders, payments, invoices, deliveries, claims and commercial communications where permitted.

For further information, please see our Privacy Policy.

Intellectual property

Content available on the VANK DISTRIBUTION website, including text, graphic elements, photographs, logos, presentations and layout elements, is protected in accordance with applicable intellectual property laws.