Pollen Robotics SAS
2 place Jean Jaurès
33000 Bordeaux, France
contact@pollen-robotics.com
- Purpose
These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply without limitation or reservation to any order for products (hereinafter referred to as the “Products“) from the company Pollen Robotics (hereinafter referred to as “Pollen Robotics“). Their purpose is to define the terms and conditions for the provision and the delivery of the Products to the customer identified in the Quotation(s) referred to in Article 2 (hereinafter referred to as the “Customer“).
They constitute, together with the Quotation(s) (taken as is, and excluding any annexes), an inseparable contractual whole (hereinafter referred to as the “Contract“). In the event of contradiction, the provisions of the Quotation(s) will take precedence over these general conditions. In the event of a contradiction between different Quotations, the most recent document will take precedence over older ones.
The Contract will take precedence over any other general or specific terms and conditions not expressly approved by Pollen Robotics.
- Ordering Products and acceptance of the General Terms and Conditions of Sale
The Products can be ordered by email, telephone or post at the address indicated at the top of this document.
Prior to any provision of Products, the Customer must provide Pollen Robotics with all relevant information and documents in order to enable the latter to identify the needs and expectations of the former. Pollen Robotics will then perform an analysis of these needs as well as a study of the Customer’s sector and its trends. Based on this analysis, Pollen Robotics will then draw up one or more quotations (hereinafter referred to as the “Quotation(s)”) indicating the Products ordered.
The Quotation will indicate the price, the place of delivery and the foreseeable delivery times from the validation of the Quotation.
Unless otherwise stated, all Quotations issued by Pollen Robotics are valid for 60 (sixteen) calendar days from the date of issue. If the Quotation is not validated by the Customer within this period, the Quotation will be considered null and void. Any Customer who wishes to order the Services must validate the corresponding Quotation within the above deadline, in writing, through any pertinent channels, and in particular by email. This validation can be followed if necessary by the issue of a purchase order by the Customer, such a purchase order, however, having no impact on the Contract as defined above.
Each express or implied validation of the Quotation implies full acceptance of these General Terms and Conditions of Sale in the version that was in effect on the date of the Quotation in question. Any qualified acceptance will be considered null and void. Any Customer who does not accept to be bound by these General Terms and Conditions of Sale must not order Services from Pollen Robotics.
Pollen Robotics reserves the right to modify these General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date the Quotation is sent to the Customer, as defined below.
- Prices and methods of payment
a. Prices
The sale prices of Products are indicated on the Quotation.
The price is expressed by default in euros. Depending on the Customer’s geographical area, the price may be displayed with or without taxes.
The price does not include transport, customs charges and insurance (hereinafter: “Delivery Charges”), which remain the responsibility of the Customer and are also indicated in the Quotation. Pollen Robotics reserves the right, at its discretion and according to terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.
The company Pollen Robotics reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the tariffs in force at the time of the recording of the orders, subject to availability at this date and their effective payment.
The Pollen Robotics company can propose to its customers punctual promotions. The promotions are proposed on fixed dates and limited stocks.
The products remain the property of the company Pollen Robotics until the complete collection of the price by Pollen Robotics.
b. Terms of Payment
According to the terms of payment indicated on the quotation, the customer undertakes to pay for the order in two instalments: 50% when the order is placed and 50% once the customer has received the product. The first invoice is sent by e-mail. The balance invoice is sent either by post with the products delivered to the address you will have specified when ordering and mentions only the items delivered or by e-mail. If the delivery is made several times, you will have several balance invoices for the same order. The customer must comply with the terms of payment in order to send us the payment.
Unless otherwise stated, invoices are sent by email and are payable within 30 (thirty) days from the date of issuance of the invoice. Any delay in payment of all or part of a sum due on its due date shall automatically result, without prior formal notice: (i) in the forfeiture of the term of all sums owed by the Customer and their immediate due date, (ii) in the invoicing to the benefit of Pollen Robotics of late payment interest at the rate of 3 (three) times the French legal interest rate, based on the amount of all sums owed by the Buyer, in addition to a fixed indemnity of 40 (forty) € for collection costs.
c. Method of Payment
Payments are made exclusively by bank transfer to the account of the company Pollen Robotics, whose details are specified on the invoices. Pollen Robotics reserves the right to modify the terms of payment depending on the customer.
- Delivery of Products
The corresponding Quotation will indicate the foreseeable delivery time for each order. The Buyer expressly accepts that this period is only indicative, Pollen Robotics’ responsibility cannot be engaged in case of late delivery compared to the announced period. The information given by the buyer at the time of order taking is binding on the buyer: in case of an error in the wording of the addressee’s details, the seller cannot be held responsible for the impossibility of delivering the product or for any additional delays caused. The Pollen Robotics company would then be entitled to require the payment of a sum corresponding to the expenses generated by a second expedition.
The Customer is also expressly informed and accepts the following:
(i) He bears all risks relating to the delivery of the Products, including the risks relating to the loading of the Products by the carrier selected by Pollen Robotics. The Customer shall take out any insurance that may be necessary in this respect. This transfer of risks does not affect the transfer of ownership provided for in the article “Retention of ownership”.
(ii) It is the Customer’s responsibility to check the Products delivered upon receipt and to immediately notify the carrier of any reservations and claims, particularly in the event of damage to the Products.
(iii)Any complaint as to the conformity or quantity of the Products delivered must be sent to Pollen Robotics by e-mail or registered letter with acknowledgement of receipt within 15 (fifteen) calendar days following delivery. Failing this, it cannot be taken into account.
The Customer must imperatively date and sign the delivery receipt, on which he must also affix his company stamp and the name of the signatory. In case of non-compliance with the above procedure, the Customer’s claims will be rejected.
In case of a damaged package, the customer must notify the carrier at the time of delivery by mentioning reserves or by refusing to accept the goods. The fact that the customer does not make any reservations at the time of delivery relieves the seller of any responsibility for the external condition of the product or its packaging. Packaging costs are included in the product prices.
By default, the INCOTERM chosen between Pollen Robotics and the Customer regarding the delivery is DAP.
- Retention of ownership
The Products shall remain the property of Pollen Robotics until the full price of the order (including delivery costs) has been paid in full by the Customer. In the event of non-payment on the due date of any sum due by the Customer, Pollen Robotics is entitled to take back the delivered Products immediately, and the Customer is obliged to return them on first demand.
- Obligations of the Customer
All orders placed with Pollen Robotics are intended for use by the Customer. Customers or recipients of the Products shall refrain from any partial or total resale of the Products unless they have signed a distribution contract with Pollen Robotics.
Customers agree, in their use of the Product, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Customers acknowledge to be aware of the Products and their characteristics.
- Customers’ guarantee
Each Customer agrees to defend, indemnify and hold Pollen Robotics harmless from and against any claims, demands, actions and/or grievances whatsoever that Pollen Robotics could incur as a result of a breach by the Customer in question of any one of its obligations or guarantees under this Contract.
Customers agree to compensate Pollen Robotics for any prejudice that the latter could be subject to and to pay any costs, liabilities, charges and/or convictions that the latter could incur as a result of such a breach.
- Obligations and liability of Pollen robotics
Pollen Robotics undertakes to ensure that the Product delivered complies as closely as possible with the description of the Product and the associated documentation, particularly in terms of technical specifications. The visuals displayed on these documents are not contractual.
Pollen Robotics cannot be held responsible for any failure or delay in the execution of the Contract due to force majeure or disruption or partial or total strikes of postal services, transport channels or communications.
Pollen Robotics cannot be held responsible for damages of any kind, whether material, immaterial or corporal, which could result from a malfunction or misuse of the Products marketed.
Pollen Robotics is not a party to the relationship between the Customers and its clients and shall in no event be liable for any difficulties arising from this relationship, nor be a party to any disputes whatsoever, guarantees, declarations and any other obligations whatsoever to which the Customers may be bound.
The Products are provided by Pollen Robotics as is and without any guarantee of any kind, whether express or implicit. In particular, Pollen Robotics does not guarantee to Customers (i) that the Products, which are subject to constant research to improve their performance and progress, will be free of errors, defects or faults, (ii) that the Products, being standard and in no way proposed solely for the benefit of a given Customers according to his constraints, will specifically meet his needs and expectations.
The liability likely to be incurred by Pollen Robotics hereunder is expressly limited to the total amount of the Product as indicated in the corresponding Quotation.
- Prohibited behaviour
It is strictly prohibited to use the Products to the following ends:
– Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
– Violating public order or any local policy or law,
– Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,
– Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
– And more generally, any action that uses the Products for any other purpose than that for which they were designed.
Customers are strictly prohibited from copying and/or using for their purposes or those of a third party, the concept, technology or any other component of the Products.
- Intellectual Property
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, etc.) used by Pollen Robotics, as well as the Products, are protected by all intellectual property rights in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any of these items without the authorisation of Pollen Robotics and the creators of the Products where appropriate, is strictly prohibited and could be subject to prosecution.
- Modifications
These General Terms and Conditions of Sale may be modified at any moment. In this case, the conditions that will apply will be those in force on the date the Customer places their order.
- Force Majeure
Neither party may be held liable for a failure to perform its contractual obligations if this failure is due to an event beyond the Parties’ control and constitutes force majeure, as defined in Article 1218 of the French Civil Code.
By force majeure, the Parties agree in particular to understand the occurrence of an event with the characteristics of unpredictability and irresistibility usually recognised by French law and courts, as well as strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or default attributable to a third party telecommunications provider.
The prevented party shall inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties shall come together to determine the most appropriate means to alleviate, if possible, the consequences of the event(s) constituting force majeure.
If the case of force majeure lasts for more than 3 (three) months, each party may terminate the Agreement, ipso jure, without legal formality, without notice and the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.
If, as a result of a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain liable for the fulfilment of the obligations not affected by the case of force majeure as well as its payment obligations.
As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume the performance of the affected obligations within a reasonable time.
- Language
In the event of a translation of these General Terms and Conditions of Sale into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
- Law and Jurisdiction
These Terms and Conditions of Sale are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or application of these General Terms and Conditions of Sale, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
- Cancellation, Modification, Revocation
a. Cancellation before delivery
The customer’s signature on the quotation shall be deemed to be binding on the order. However, for any request to cancel or modify an order before it is shipped, please contact Pollen Robotics at +33 (0) 5 40 24 55 96.
b. Right of withdrawal
In accordance with the Consumer Code, the customer has 14 days (from receipt of the articles, with tracking provided by the carrier as proof) to exercise his right of withdrawal without the need for justification. In the event of exchange or refund, it is advisable to return the new articles, intact and in their original packaging, accompanied by all possible accessories, instructions and documentation, to the following address: 2 place Jean Jaurès 33000 Bordeaux, France.
In case of exercise of the right of withdrawal, Pollen Robotics is obliged to reimburse the sums paid by the customer. In the case where the customer has chosen an express delivery method for the initial shipment of the products, the reimbursement of the shipping costs will be limited to the amount of the least expensive shipping costs for the chosen delivery zone. The transport costs related to the return of the goods shall be borne by the customer.
The refund is due within a maximum of 14 days following receipt of the items in the aforementioned condition. The refund is made via the same payment method used at the time of purchase. This right of withdrawal does not apply to companies.
- Warranty and after-sales service
The products delivered benefit from a guarantee period as indicated on the quotation, starting from the delivery of the product. Any proven defect in the use or handling of the product will result in the cancellation of the guarantee. In case of malfunction(s), the customer may request the exchange or replacement of the product. However, Pollen Robotics is not obliged to replace the product when repair is possible.
In the case of purchase of any product, the customer shall take particular care to check the correct operation of the delivered device and to read the documents provided relating to the product. In addition, the customer will be able to benefit from online assistance to characterise operating problems and possible solutions. It is the responsibility of the end-user to make sure that the products are used according to Pollen Robotics’ guidelines and good practices.
The seller is liable for defects in conformity of the good sold under the conditions of articles L. 211-4 and following the Consumer Code and for hidden defects of the good under the conditions of articles 1641 and following the Civil Code.
- Entry into Force
These Terms and Conditions of Sale become effective on the 2nd of October 2024.
