General Terms and Conditions of Sale

Article 1 - Scope of Application

These General Terms and Conditions of Sale (hereinafter “GTC”) apply to all sales concluded by the company Anoukis Multimedia SARL (hereinafter “the Seller”), operating the B2B distribution website Anoukis Distribution (anoukis-distribution.fr), with its professional customers (hereinafter “the Buyer”), to the exclusion of any consumer within the meaning of the Consumer Code.

Any purchase from the Seller via the Anoukis Distribution website implies the Buyer’s unreserved acceptance of these GTC, which take precedence over any other document from the Buyer, particularly the Buyer’s own general purchasing conditions, unless otherwise agreed in writing in advance by the Seller.

The Seller reserves the right to amend these GTC at any time. The applicable GTC are those in force at the date of the order.

Article 2 - Orders

Orders are placed via the Seller’s secure website, or by any other means agreed between the parties. They are only final after written confirmation by the Seller (by email or purchase order).

The Seller reserves the right to refuse any order from a Buyer with whom a dispute exists regarding payment of a previous order.

Any modification or cancellation of an order accepted by the Seller may only be taken into account if it reaches the Seller before the goods are dispatched and subject to the Seller’s written acceptance.

Article 3 - Pricing

Prices are quoted in euros excluding VAT (excl. tax). Applicable VAT at the current rate is charged additionally.

The applicable prices are those listed in the catalogue in force on the date of the order. The Seller reserves the right to modify prices at any time; modifications do not apply to orders already accepted.

Shipping costs are charged separately, unless otherwise stated in the order. Conditions for free shipping are subject to separate commercial terms communicated to the Buyer.

Discounts may be granted based on order volume or predefined packaging conditions. These discounts are not guaranteed and shall not constitute a right in the future.

Article 4 - Payment Terms

Unless otherwise agreed in writing, invoices are payable upon receipt, by bank transfer.

In accordance with applicable commercial law:

• Any late payment will result in the application of late payment penalties calculated at the statutory interest rate in force multiplied by three (3), from the day following the due date.
• Any professional in a situation of late payment is automatically liable, to the creditor, for a fixed recovery fee of €40.

In the event of non-payment at the due date, the Seller reserves the right to suspend or cancel any order in progress without prior notice, and to demand immediate payment of all amounts due, even those not yet due.

Article 5 - Delivery

Delivery times are given as an indication only. They run from order confirmation and full receipt (or credit approval) of payment.

Goods travel at the Buyer’s risk and peril, unless otherwise required by law. The transfer of risk occurs upon delivery of the goods to the carrier.

In the event of a delivery delay attributable to the Seller, the Buyer may, after formal notice remaining without effect within a reasonable period, request the cancellation of the sale. No compensation will be due beyond the refund of the price of undelivered goods.

Deliveries are made to the address indicated by the Buyer at the time of ordering. Any additional costs related to an incorrect address or unsuccessful delivery will be borne by the Buyer.

Article 6 - Receipt and Claims

The Buyer is required to check the condition of the goods upon delivery. Any anomaly (damaged package, missing items, non-conforming product) must be:

• Reported to the carrier with written reservations on the delivery note at the time of receipt;
• Notified to the Seller in writing (email or registered letter) within 48 working hours after delivery.

Hidden defects must be reported as soon as they are discovered, under the conditions provided by applicable law.

Article 7 - Retention of Title

The Seller retains full and complete ownership of the goods sold until full payment of the price in principal and accessories, in accordance with applicable commercial law.

The transfer of ownership is conditional upon full payment of the entire price of the goods. Failure to pay any instalment may result in recovery of the goods.

The Buyer undertakes to keep the goods in good condition until full payment. Without the prior written consent of the Seller, the Buyer may not resell the goods before full settlement.

Article 8 - Returns and Cancellations

No goods may be returned without prior written consent from the Seller. The Buyer must submit a return request by email indicating the order reference, the products concerned, and the reason.

Authorised returns must be made in their original packaging, in perfect condition, accompanied by a return note provided by the Seller. Return costs are at the Buyer’s expense, unless the error or defect is attributable to the Seller.

In the event of an accepted return, a credit note will be issued in favour of the Buyer. No cash refund will be made unless expressly agreed by the Seller.

Expired, opened, or goods no longer in their original packaging cannot be returned.

Article 9 - Liability

The Seller shall not be liable for indirect, intangible or consequential damages suffered by the Buyer (loss of business, loss of earnings, commercial loss, etc.).

In any event, the Seller’s liability is limited to the amount excluding VAT of the relevant order.

The Seller cannot be held responsible for information and technical specifications of products provided by publishers or manufacturers.

Article 10 - Force Majeure

The Seller shall not be liable for failure or delay in performing its obligations in the event of a force majeure event within the meaning of applicable law.

The following shall notably be considered as force majeure events: strikes, transport blockages, fires, floods, epidemics, government decisions, telecommunications network failures, or any other event beyond the Seller’s reasonable control.

The Seller will inform the Buyer as soon as possible of the occurrence of such an event. If the impediment is temporary, performance is suspended; if the impediment is permanent, the order is automatically terminated without compensation.

Article 11 - Personal Data Protection

In the context of the commercial relationship, the company Anoukis Multimedia SARL, as data controller for the Anoukis Distribution website, collects and processes personal data concerning you, in accordance with the General Data Protection Regulation (GDPR - EU Regulation 2016/679).

The data collected is used exclusively for:

• Order management and tracking;
• Invoicing and accounting;
• Sending commercial communications (with your consent).

This data is not shared with third parties, except as required by law or with service providers strictly necessary for the execution of orders (carriers).

You have the right of access, rectification, deletion and portability of your data, as well as a right of objection and restriction of processing. To exercise these rights, you may use our contact form.

Article 12 - Applicable Law and Jurisdiction

These GTC are governed by French law.

In the event of a dispute relating to the formation, interpretation or performance of these GTC, and in the absence of an amicable settlement, the parties attribute exclusive jurisdiction to the Commercial Court of Perpignan, even in the event of multiple defendants, a guarantee claim or precautionary proceedings.