CGV Pro
General Terms and Conditions of Professional Sales
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I. Publisher
Dada Sport SAS
139 avenue de Wagram
75017 Paris
registered in the SCR under number 752 263 111
The director of the publication is Mrs. Caroline Boudier in her capacity as president.
contact: cboudier(at)dadasport.com
II. Hosting
OVH
RCS Roubaix - Tourcoing 424 761 419 00045
Code APE 6202A
VAT NUMBER : FR 22 424 761 419
Head office: 2 rue Kellermann - 59100 Roubaix - France.
1. GENERALITIES & FIELDS OF APPLICATION
Dadasport.com (hereinafter referred to as "the site") is published by the Company Dada Sport, SAS with a capital of 46,980 euros, whose registered office is in Paris (75017) - 139, avenue de Wagram, registered in the Paris Trade and Companies Register under No. 752 263 111, intra-community VAT No. FR 52752263111 (hereinafter referred to as "Dada Sport" or the "Seller").
These general terms and conditions of sale (hereinafter referred to as the "PRO GTCs") are applicable to all orders placed by a professional customer (hereinafter referred to as the "Buyer") with the Seller.
Dada Sport reserves the right to adapt or modify at any time these terms and conditions, the version of the professional terms and conditions of sale applicable to any transaction being the one appearing online on the site pro.dadasport.com at the time of the order. Accordingly, the fact of placing an order implies full acceptance, without reservation, to these conditions.
These general conditions apply to the purchase of non-personalized products made in France on the Dada Sport website.
Personalized products are understood to be products presented in the category "made to measure" and made according to specifications specific to each customer who orders them and are not governed by these general terms and conditions of sale.
Our professional general terms and conditions of sale are the only valid ones, even in case of contrary indication in the general terms and conditions of purchase of our customers, and the mere fact of placing an order with us and accepting the delivery carries the acceptance without reserve.
Unless expressly and in writing, these Professional General Terms and Conditions of Sale shall prevail over any contrary provisions inserted in documents issued by the Buyer, regardless of when they were brought to the attention of the Seller.
Dada Sport is not obliged to accept conditions of purchase or requests on the part of the Buyer that would be manifestly abusive or that would subject it to obligations creating a significant imbalance between the rights and obligations of the parties. The fact that the Seller does not avail itself, at a given time, of the GTC PRO, cannot be interpreted as a waiver of its right to avail itself of them at a later date. In the event of a conflict between the content of a clause and its title, the content shall prevail. In the event that one or more of the clauses hereof is cancelled, its nullity shall not affect the other provisions which shall continue to apply. Any handwritten modification is deemed null and void and not opposable to Dada Sport. The reservations or modifications appearing on the order cannot be opposed to Dada Sport if the latter has not expressly agreed to them, even in the absence of specific mention in the acknowledgement of receipt.
In case of contradiction between French translation and any other translation, the provisions of French translation will prevail.
2. ORDERS
A. The documentation contained in our catalogs and price lists is provided for information purposes only and does not constitute an offer to sell.
Dada Sport reserves the right to modify its products at any time, in accordance with the official provisions in force.
B. Orders placed and proposals made by our Representatives, Agents and other delegates are only binding on us after confirmation from Dada Sport, materialized by acknowledgement of receipt of order.
C. All orders are firm and cannot be cancelled by the Buyer. Those that could be cancelled exceptionally would only be after express acceptance of the Commercial Department of Dada Sport.
D. All orders, including those placed by telephone, must be confirmed the same day by the customer, by e-mail with indication of the delivery time and the agreed price.
Any order not confirmed in writing will be deemed to have been made on the characteristics of the order placed by phone and at the price then in force.
E. The minimum order amount to open a Dada Sport account is set at 2500€ HT. The minimum amount for restocking is set at 1000€ HT.
F. The initial order must contain an assortment of at least 3 different references including 1 reference of jacket and 1 reference of pants in order to be able to create a Dada Sport corner reflecting the complete offer of the brand. The Purchaser also undertakes to maintain a complete offer.
3. PRICES
The products are sold according to the price list in force at the time the order is placed. The current price list is at all times at the free disposal of the Buyer.
Dada Sport applies a discount rate 0.
Unless otherwise agreed, our prices do not include taxes, customs duties and transport costs.
Dada Sport is an exclusive brand that manufactures products that can be identified, by the quality of their manufacture, the quality of the materials and fabrics used, and their price, as luxurious. Therefore, we take particular care to ensure that our outfits, clothing and accessories are presented to customers in the right conditions and in the right environment.
Dada Sport does not practice, with regard to its exclusive / luxury positioning, any sale or promotion.
4. EXPEDITIONS
Our goods travel at the recipient's risk, whatever the method of shipment, even carriage paid, the Buyer must immediately check the good condition and quality of the goods.
In the event of damage, missing or delayed goods, the Buyer must refuse delivery and/or make the usual reservations (Article L133-3 of the French Commercial Code).
He must also notify our Sales Department within 2 days of receipt.
5. ONLINE SALES
The sale of Dada Sport products on the Internet by a Buyer must comply with a set of specifications whose main elements are as follows:
A. the sale on third party sites such as Amazon or eBay is strictly prohibited.
B. Only images and photos of the outfits, clothing and accessories provided by Dada Sport are authorized for the illustration of product sheets on the Internet. Any other photo or image must be validated by Dada Sport before it can be used.
C. Only texts, descriptions and technical details constituting the content describing the outfits, clothing and accessories provided by Dada Sport are authorized in the product sheets on the Internet. Any other text or content must be validated by Dada Sport before use.
D. The names of Dada Sport products must not be modified in any way.
E. It is strictly forbidden for the Buyer to bid on and/or purchase the keywords "DADA SPORT" and/or "DADA" in the context of promotional campaigns on the Internet on platforms, social networks or search engines such as Google Ads, Pinterest, Yahoo or Bing for example.
6. SPONSORSHIP / ENDORSMENT
Any sponsorship agreement between the Buyer and a rider or a team, whether professional or amateur, which would consist in providing free Dada Sport outfits, clothing or accessories in exchange for the use of the image and reputation of Dada Sport, must be submitted to the prior agreement of Dada Sport.
7. DELIVERY TIMES
Our delivery times are subject to change:
- force majeure or any other cause beyond our control,
- that our co-contractors have, in due time, provided all the information necessary for the execution of the order and fulfilled the payment conditions provided for, any delays can in no way give rise to damages on our part.
8. FORCE MAJEURE
By express agreement, no compensation will be due in case of force majeure or any other cause beyond our control, and in particular, in case of strike, interruption of transport, fire ... which could lead to cancellation, suspension or delay of orders or contracts concluded.
9. PAYMENT
A. Unless expressly agreed otherwise between the Parties, payment for the goods shall be made in full at the time of order before shipment.
B. Payment facilities, which could be granted on an exceptional basis, do not commit us to future orders.
C. The terms of payment cannot be delayed under any pretext whatsoever.
Partial payments are charged exclusively and by priority to the oldest invoices.
D. In the event of non-payment on the due date, the sums due will automatically bear interest at a rate equal to 3 times the legal rate per year of delay from the day following the date on which payment is due. Dada Sport also reserves the right to suspend any new delivery until complete settlement of the account, without any refusal of sale or unilateral breach of contract between the Parties.
Similarly, any default or delay in payment of an invoice issued by Dada Sport will result in forfeiture of all current commercial terms relating to the goods delivered by Dada Sport to the Buyer, without any formality. As a result, the totality of the customer's claims will become due and payable by operation of law.
10. PENALTIES CLAUSE
A. In the event of late payment not justified by a case of force majeure, the customer will be automatically liable to pay a penalty for bank charges and litigation fees fixed at a non-reducible amount of €150. This penalty will be acquired by right to the company Dada Sport from the formal notice to pay.
B. In the event of judicial recovery of the debt, the debtor will also be automatically liable for all costs, fees and expenses of the procedure including all protective measures.
11. RESERVATION OF OWNERSHIP - RESOLUTORY CLAUSE
A. Dada Sport will remain owner of the goods sold until full payment of their price in principal, interest, bank charges and litigation fees, the Buyer will bear all risks incurred or caused by the goods as soon as they leave our warehouse.
In case of total or partial non-payment of the price on the due date, Dada Sport may require the restitution of the unpaid goods at the expense, risk and peril of the Buyer by simple registered letter or any other equivalent means.
B. In case of total or partial non-payment of the price on the due date, the sale may be cancelled by Dada Sport by right. This resolution will be made effective by sending a simple registered letter or any other equivalent means.
12. RETURNS OF GOODS
The return of goods is accepted only if it has been the subject of our prior agreement.
In this case, the Buyer will be credited or the goods replaced, at our discretion, only after recognition by our Commercial Department of the merits of the claim.
In all cases, the goods must be returned to us in perfect condition and in the original packaging and wrapping.
13. RESPONSIBILITY CLAUSE
Dada Sport disclaims any responsibility for the use that could be made of the goods that our Company would be led to market.
Our warranties are strictly limited to the replacement of merchandise recognized as defective.
14. APPLICABLE LAW - JURISDICTION
French law is the only applicable law. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the Commercial Court of Paris.