General conditions of sale

ARTICLE 1 — Scope
These general conditions of sale constitute, in accordance with article L 441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which the Company J'OCEANE (“The Supplier”) provides to professional Buyers (“The Buyers or the Buyer”) who request it, via the Supplier's website, by direct contact or via a paper medium, the seafood that it markets.
They apply without restrictions or reservations to all sales concluded by the Supplier to Buyers of the same category, regardless of the clauses that may appear on the Buyer's documents, and in particular its general conditions of purchase.
In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any Buyer who requests them, to allow him to place an order with the Supplier.
Any order for Products implies, on the part of the Buyer, the acceptance of these General Conditions of Sale and the general conditions of use of the Supplier's website for electronic orders.
The information in the Supplier's catalogs, brochures and prices is provided for information purposes only and is subject to revision at any time. The Supplier is entitled to make any changes it deems useful.

‍ARTICLE 2 - Orders - Prices
2.1 Sales are only perfect after acceptance of the Buyer's order by the Supplier, who will ensure, in particular, the availability of the products requested, which may be subject to hazard given the nature of the products sold.
Orders can be placed by any means (telephone, fax, email, sms).
The Supplier reserves the right to request written confirmation in the event of a verbal order. Given the specificity of the National Interest Market and the hours of delivery, the signature by the Buyer of a delivery note is not required, the latter forbidding himself in advance from taking advantage of his absence to contest the materiality of the sale. For orders placed exclusively on the Internet, the registration of an order on the Supplier's site is made when the Buyer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract. The data recorded in the Supplier's computer system constitutes proof of all transactions concluded with the Buyer.
2.2 Any changes requested by the Buyer can only be taken into account, within the limits of the Supplier's possibilities and at its sole discretion, if they are notified in writing 5 hours before the scheduled time for the delivery of the Products ordered, after signature by the Buyer of a specific order form and possible adjustment of the price.

Deliveries in regions or abroad can only be changed 5 hours before dispatch, always at the discretion of the Supplier.
2.3 The products are supplied at the Supplier's rates in force on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Buyer. These rates are firm and cannot be revised during their period of validity, as indicated by the Supplier.
These prices are net and excluding VAT, transport included or not depending on commercial offer.
Special pricing conditions may be applied depending on the specificities requested by the Buyer concerning, in particular, delivery methods and deadlines, or payment terms and conditions. A specific commercial offer will then be sent to the Buyer by the Supplier.

‍ARTICLE 3 — Payment terms
No sale can be concluded before the opening of an account by the Buyer.
To this end, the Buyer will provide a KBIS extract of less than three months, as well as a RIB from his bank account.
A sampling authorization may be required. The price will be payable no later than 30 days after the end of the delivery decade in accordance with the legislation in force.
The invoicing of the J'OCEANE Company may be issued in dematerialized form for taxation purposes according to article 289-VII-2c of the CGI.
Acceptance of the general conditions of sale implies acceptance of dematerialization by the Buyer.
Cash payments can only be accepted within the limits of applicable legislation and regulations.
In the event of late payment and payment of the amounts due by the Buyer beyond the deadline set out above, and after the date of payment appearing on the invoice sent to the latter, late penalties calculated at the rate of 10% of 100% of the amount including VAT of the price shown on the said invoice, will be automatically and automatically acquired by the Supplier, without any formality or prior notice of default.
In the event of non-compliance with the payment conditions set out above, the Supplier also reserves the right to no longer honor the Buyer's orders.
Finally, a fixed compensation for recovery costs, in the amount of 40 euros, will be due, ipso jure and without prior notification by the Buyer in the event of late payment.
The Supplier reserves the right to request additional compensation from the Buyer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.

‍ARTICLE 4 — Discounts and Rebates
The Buyer may benefit from the discounts and rebates listed at the Supplier's rates, depending on the quantities purchased or delivered by the Supplier at one time and only one place, or on the regularity of its orders.

‍ARTICLE 5 - Deliveries
The Supplier will make every effort to ensure that the Products purchased by the Buyer are delivered as soon as possible to

order count.
The Supplier cannot be held liable to the Buyer in the event of late delivery.
Delivery will be made to the place indicated by the Buyer, the products traveling at the risk and peril of the Buyer.
The Buyer is required to check the apparent condition of the products upon delivery. In the absence of reservations expressly expressed by the Buyer upon delivery, the Products delivered by the Supplier will be deemed to comply in quantity and quality with the order.
The Buyer will have a period of 24 hours from the delivery and receipt of the products ordered to express, in writing, such reservations to the Supplier.
No complaint can be validly accepted in the event of non-compliance with these formalities by the Buyer.
The Supplier will replace as soon as possible and at its expense, the Products delivered whose lack of conformity has been duly proven by the Buyer. In the event of removal of the goods by the Buyer, such removal will constitute pure and simple acceptance of the products and will prohibit any subsequent dispute by the Buyer.

‍ARTICLE 6 — Guarantee
The Supplier will make every effort to present the Buyer with products in accordance with his order.
In the event of non-conformity accepted by the Supplier, the Supplier will either refund or replace the defective products.
In any event, the liability of the supplier is limited to defective products.

‍ARTICLE 7 — Unforeseeability
The parties reciprocally renounce the application to these general conditions of sale of article 1195 of the civil code as resulting from ordinance no. 2016-131 of February 10, 2016.

‍ARTICLE 8 — Applicable law — Contract language
By express agreement between the parties, these General Terms and Conditions of Sale and the resulting purchase and sale transactions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text would be authentic in the event of a dispute.

‍ARTICLE 9 — Attribution of jurisdiction
Any dispute arising from the conclusion or execution or resolution of a contract concluded in application of these general terms and conditions will possibly be settled on appeal by the Créteil Commercial Court, to which the parties give exclusive jurisdiction.

‍ARTICLE 10 - Acceptance by the Buyer
These general conditions of sale as well as the rates and schedules concerning the attached discounts and rebates, are expressly approved and accepted by the Buyer, who declares and acknowledges having a perfect knowledge of them, and therefore renounces the right to rely on any contradictory document and, in particular, his own general conditions of purchase.