{"id":10961,"date":"2025-10-16T09:53:54","date_gmt":"2025-10-16T09:53:54","guid":{"rendered":"https:\/\/1k9xnbqiht.preview.infomaniak.website\/?page_id=10961"},"modified":"2025-10-20T13:09:33","modified_gmt":"2025-10-20T13:09:33","slug":"cgv","status":"publish","type":"page","link":"https:\/\/www.polytropic.com\/en\/cgv\/","title":{"rendered":"GENERAL TERMS AND CONDITIONS"},"content":{"rendered":"
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t

GENERAL TERMS AND CONDITIONS <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

POLYTROPIC SAS GENERAL TERMS AND CONDITIONS OF SALE<\/strong><\/p>

DATE OF LAST UPDATE: October 2025<\/em><\/strong><\/p>

\u00a0<\/em><\/strong><\/p>

ARTICLE 1 - Scope of application<\/strong><\/p>

1-1. <\/strong>In accordance with Article L 441-1 of the French Commercial Code, these General Terms and Conditions of Sale (hereinafter referred to as the \"GTCS\") form the sole basis of the commercial relationship between the parties.<\/p>

1-2. <\/strong>The purpose of the General Terms and Conditions is to define the conditions under which POLYTROPIC, a simplified joint stock company with capital of \u20ac100,000, whose registered office is located at 4 Chemin des Eclapons, 69390 Vourles, registered in the Lyon Trade and Companies Register under number 423 815 125 (\"the Supplier\") supplies to professional Purchasers (\"the Purchaser\") who request it, via the Supplier's website, by direct contact or on paper, all the products marketed by the Supplier and in particular heat pumps for swimming pools or residential heat pumps, dehumidifiers for swimming pools, their accessories and the software integrated into the heat pumps (\"the Products\").<\/p>

1-3. <\/strong>The GTC shall apply without restriction or reservation to all sales made by the Supplier to Purchasers in the same category, regardless of any clauses that may appear in the Purchaser's documents, and in particular the Purchaser's general terms and conditions of purchase, which shall be inapplicable. They cancel and replace all previous conditions and may be modified by the Supplier at any time. Any order for Products implies the Buyer's acceptance of these GCS, without restriction or reservation.<\/p>

1-4.\u00a0 <\/strong>In accordance with the regulations in force, these GCS are systematically communicated to any Buyer who requests them, via the Supplier's website, by direct contact or via a paper medium. They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement as referred to in article L 441-3 of the French Commercial Code, within the legal time limits.<\/p>

1-5. <\/strong>The information appearing in the Supplier's catalogues, prospectuses and price lists is given for information only and may be revised at any time. The Supplier is entitled to make any changes it deems necessary.<\/p>

1-6. <\/strong>In accordance with the regulations in force, the Supplier reserves the right to derogate from certain clauses of these GCS, depending on the negotiations conducted with the Buyer, by drawing up special Conditions of Sale. In the event of any contradiction between the GCS and the Special Terms and Conditions of Sale, particularly with regard to guarantees, the latter shall prevail.<\/p>

1-7. <\/strong>The Supplier may, in addition, be required to draw up categorical GCS, derogating from these GCS, depending on the type of customer in question, determined on the basis of objective criteria. In this case, the categorical GCS apply to all operators meeting these criteria.<\/p>

\u00a0<\/strong><\/p>

ARTICLE 2 - Orders<\/strong><\/p>

\u00a0<\/strong>2-1<\/strong>. All orders must be confirmed in writing, by means of an order form duly signed by the Buyer, irrespective of the method used to place the order (hereinafter referred to as the \"Order Form\").<\/span><\/p>

\"Order\"). An Order must include: the billing address,<\/p>

the desired delivery address, the Order number, the Product references and their<\/p>

quantities, as well as the desired delivery date. In the event of incomplete or erroneous information, the Supplier shall not be held responsible for any errors or delays in processing the Order.<\/p>

Sales shall only be deemed complete once the Purchaser's Order has been expressly accepted in writing by the Supplier, which shall in particular ensure that the Products requested are available, as evidenced by the Supplier's acknowledgement of receipt of the Order.<\/p>

2-2<\/strong>. The Order must be sent within a reasonable time before the desired delivery date. Delivery times vary according to the area to be delivered and the means of transport. The Supplier shall endeavour to respond to the Order placed within a reasonable period of time, although this period may not be considered imperative. In the event of the Product being temporarily unavailable, the Supplier will decide whether it is feasible to dispatch the remainder at a later date depending on the number of units of the Product not supplied. If this is not possible, the Order will be invoiced and paid for in proportion to the number of units of Product actually delivered by the Supplier.<\/p>

2-3<\/strong>. Any modification or cancellation of the Order may only be made by prior written agreement between the Purchaser and the Supplier.<\/p>

2-4 <\/strong>No special Order, i.e. relating to a specific or non-catalogue Product, may be cancelled by the Purchaser once the Supplier has started production of the specific Product. If, however, the Supplier agrees to cancel the Order for specific Products, it shall have the right to claim payment from the Purchaser of compensation equal to forty (40) % of the selling price excluding VAT of the Order, as indicated on the order form.<\/p>

ARTICLE 3 - Prices - Discounts and rebates<\/strong><\/p>

\u00a0<\/strong>3-1. <\/strong>The Products are supplied at the prices set out in the Supplier's price list on the date of the Order and, where applicable, in the commercial proposal sent by the Supplier to the Purchaser. These prices may be revised by the Supplier at any time, without prior notice.<\/span><\/p>

These prices are net and expressed in EURO \u20ac excluding VAT, or any other currency not expressly agreed in writing by the parties, ex works and including packaging costs. They do not include VAT in France, eco-participation taxes and any other taxes, transport costs, any customs charges (duties and taxes) and other contributions outside France, insurance and specific requests for packaging or transport, which remain the responsibility of the Buyer.<\/p>

Special pricing conditions may be applied depending on the specific features requested by the Buyer concerning, in particular, delivery terms and deadlines, or payment deadlines and conditions. The Supplier will then send the Buyer a special commercial offer. It must be formalised in an order form, in accordance with the process indicated in article 2 in order to constitute an Order.<\/p>

The Supplier reserves the right to modify these prices at any time depending on economic conditions. The value of the transaction will necessarily be that of the date and time of the Order placed by the Purchaser, the Parties acknowledging that they have no recourse in the event of a price decrease or increase subsequent to the Order.<\/p>

3-2. <\/strong>The Purchaser may benefit from discounts and rebates appearing in the Supplier's price lists, depending on the quantities purchased or delivered by the Supplier at a single time and place, or on the regularity of its Orders.<\/p>

3-3. <\/strong>Any deposit paid by the Purchaser shall be retained by the Supplier by way of lump-sum compensation in the event of cancellation of the Order to the Purchaser's detriment, without prejudice to any other action that the Supplier may be entitled to bring against the Purchaser as a result.<\/p>

ARTICLE 4 - Terms of payment<\/strong><\/p>

\u00a0<\/strong>4-1. <\/strong>If a customer account is opened by the Supplier when the first Order is placed, the Purchaser must pay for the first Order in full before it is dispatched. For subsequent Orders, the invoice shall be payable in full and in a single instalment within a default period of thirty (30) days end of month by direct debit, as from the date of issue of the Invoice, within the limit of the outstanding amount authorised by the Supplier. The payment period will be stated on the invoice sent to the Purchaser. No discount will be applied by the Supplier for payment made before the date shown on the invoice.<\/span><\/p>

4-2. <\/strong>In the event of late payment, late payment penalties calculated at a rate equivalent to 3 times the legal interest rate in force on the basis of the amount inclusive of tax of the price appearing on the said invoice, shall be automatically and by operation of law due to the Supplier, without any formality or prior formal notice. The legal collection costs of \u20ac40 per unpaid invoice will also apply. These penalties shall be payable on receipt of the notice informing the Purchaser that they have been debited.<\/p>

4-3. <\/strong>Default of payment by the Purchaser shall entitle the Supplier, all rights and actions reserved, to suspend performance of all or part of the Order in progress or to terminate it automatically and without formality.<\/p>

Without prejudice to the foregoing, in the event of non-payment, the Purchaser shall pay the Supplier, as a penalty clause, a sum corresponding to eight percent (8%) of the amount of the unpaid debt (Article L444-10 of the French Commercial Code).<\/p>

4-4. <\/strong>Except with the Supplier's express, prior and written agreement, and provided that the reciprocal receivables and debts are certain, liquid and due, no compensation may be validly effected between any penalties for late delivery or non-conformity of the Products ordered by the Purchaser on the one hand, and the sums owed by the Purchaser to the Supplier for the purchase of the said Products on the other.<\/p>

ARTICLE 5 - Transfer of ownership - Transfer of risks<\/strong><\/p>

\u00a0<\/strong>5-1. <\/strong>The Supplier reserves, until full payment of the price by the Purchaser, a right of ownership over the Products sold, enabling it to repossess said Products, regardless of the date of delivery of said Products.<\/span><\/p>

5-2. <\/strong>On the other hand, the risk of loss and deterioration shall be transferred to the Purchaser as soon as the Products ordered are delivered, i.e. as soon as they leave the Supplier's premises, regardless of the transfer of ownership, and this regardless of the date of the Order and payment thereof. The Purchaser acknowledges that it is the carrier's responsibility to make the delivery, the Supplier being deemed to have fulfilled its obligation to deliver once it has handed over the Products ordered to the carrier who has accepted them without reservation. The Purchaser therefore has no recourse against the Supplier in the event of failure to deliver the Products ordered or of damage occurring during transport or unloading.<\/p>

5-3. <\/strong>The Purchaser therefore undertakes, at its own expense, to insure the Products ordered, in favour of the Supplier, by an ad hoc insurance policy, until full transfer of ownership and to provide proof thereof to the Supplier at the time of delivery. Failing this, the Supplier shall be entitled to delay delivery until such proof has been provided.<\/p>

\u00a0<\/strong><\/p>

ARTICLE 6 - Delivery - Acceptance<\/strong><\/p>

6-1. <\/strong>The Products purchased by the Purchaser shall be delivered within the delivery period indicated in the acknowledgement of receipt of the Order sent by the Supplier. This delivery time is indicative and not binding on the Supplier. Delivery shall be made on the Supplier's premises to a shipper or carrier, with the Products travelling at the Purchaser's risk. Any failure or delay in delivery or damage to the Products during transport or unloading attributable to the carrier may not be held against the Supplier.<\/p>

6-2. <\/strong>The Purchaser is required to check the condition and conformity of the Products at the time of delivery. Upon acceptance of delivery, the Products delivered by the Supplier shall be deemed to comply in quantity and quality with the Order.<\/p>

Any apparent defect must be immediately recorded in writing on the Carrier's delivery note. These reservations must be confirmed by registered letter with acknowledgement of receipt to the Carrier within three (3) days, not including public holidays, following delivery in accordance with the provisions of art. L133.3 et seq. of the French Commercial Code. The Purchaser shall jointly inform the Supplier of the reservations made.<\/p>

No claim will be validly accepted if the Buyer fails to comply with these formalities.<\/p>

6-3. Product returns<\/strong><\/p>

No return of Products will be accepted without the Supplier's prior agreement, as the Supplier does not, as a matter of principle, accept any return of Products.<\/p>

Any complaint concerning the defectiveness of a Product must be addressed to the Supplier's customer service department, whose contact details are available online or on request.<\/p>

If the Supplier accepts the return in writing, the Product in new condition must be returned in its original box within eight (8) days of acceptance by the Supplier.<\/p>

The cost of returning the goods shall be borne by the Purchaser and shall not be reimbursed by the Supplier.<\/p>

Products taken back under the above conditions will systematically be subject to a discount of ten (10)%, excluding initial delivery costs, with a fixed minimum of one hundred (100) \u20ac excluding VAT to be paid by the Buyer.<\/p>

If the Purchaser fails to comply with these terms and conditions, the Supplier shall be entitled to refuse reimbursement of the Products and the original invoice shall be due in full.<\/p>

ARTICLE 7 - Supplier's liability - Warranty - After-sales service 7-1<\/strong>. Guarantee<\/strong><\/p>

7.1.1. <\/strong>The Supplier's legal warranty on the Products is limited to the non-conformity of the Products with the Order and to the warranty for hidden defects, resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use. This warranty is limited to the repair, replacement or reimbursement of Products that do not conform or are affected by a defect, as well as the cost of labour on the refrigeration part of the Products. The warranty forms an inseparable whole with the Product sold by the Supplier. The Product may not be sold or resold altered, transformed or modified.<\/p>