1. Scope
These General Terms and Conditions ("GTC") apply to all contracts between BOULLIUNG SASU, 60 rue François 1er, 75008 Paris, France (hereinafter "Seller") and entrepreneurs within the meaning of § 14 BGB (hereinafter "Customer").
These GTC apply exclusively. Deviating terms of the Customer do not apply unless the Seller expressly agrees to their validity in writing.
2. Subject matter
The subject of the contracts is the sale of vending machines (in particular models such as BASIC, SMART, NANO) and related services.
These include in particular:
- Consultation
- Remote support
- Supply of spare parts
The machines are manufactured by industrial partners. Technical details, illustrations and descriptions serve as general orientation and are binding only where expressly agreed as binding.
3. Conclusion of contract
A contract may come about through:
- Acceptance of an offer by the Customer
- An order via the Seller's website
- Individual agreement (for example by email)
In particular, a contract also comes about when an order is placed via the online shop and the designated initialisation fee has been paid successfully.
4. Prices and taxes
All prices are net plus the applicable statutory value added tax.
Transport costs are usually included in the price. Additional costs are only charged where expressly agreed (for example for special delivery requirements or additional services).
For intra-Community supplies the following applies:
- Application of the reverse-charge procedure with a valid VAT ID
- Otherwise, statutory value added tax is charged
5. Payment terms
Invoices are due within 5 working days of receipt.
In the event of default in payment, the Seller is entitled:
- to charge default interest
- to claim reminder costs
- to withhold services until payment in full
6. Delivery and transfer of risk
Unless otherwise agreed, delivery is made kerbside to the address specified by the Customer.
The Customer is responsible for:
- accessibility of the place of delivery
- unloading
- onward transport (for example stairs, floors)
Delivery times are non-binding unless expressly agreed as binding.
Risk passes to the Customer upon handover of the goods to the carrier.
7. Duty of inspection and acceptance
The Customer is obliged to inspect the goods on delivery. Obvious damage must be reported to the carrier immediately. Hidden defects must be reported in writing within 5 working days of discovery. If no timely notification is made, or if the machine is put into operation, the goods are deemed accepted.
8. Duties to cooperate
The Customer must ensure that all prerequisites for delivery and operation are met, in particular:
- power supply
- accessibility of the installation site
- suitable structural conditions
Delays due to a lack of cooperation are not at the Seller's expense.
9. Retention of title
The delivered goods remain the property of the Seller until payment in full.
10. Installation and operation
Installation and operation of the machines are generally the responsibility of the Customer, unless otherwise agreed.
The Seller assumes no responsibility for:
- faulty installation
- improper use
- economic results or earnings
11. Warranty and service
The warranty period is 12 months from delivery. A service case exists where a fault or malfunction occurs during operation. The Customer must document faults as precisely as possible (in particular a description and, where applicable, photo or video material).
Small components (for example motors, circuit boards, displays):
- Replacement is generally carried out by the Customer
- Support is provided through instructions or remote support
Larger components (for example cooling systems, glass, housing):
- The decision on repair, replacement or on-site service is made by the Seller
- Execution is carried out by the Seller or an authorised partner
There is no warranty case in the event of operating errors, incorrect configuration, unsuitable products, wear and tear or external influences.
In such cases services may be subject to charge. Peripheral devices (for example card payment systems) are subject to the terms of the respective manufacturer. There are no fixed response or restoration times (SLA) unless expressly agreed.
12. Liability
The Seller is liable without limitation in cases of:
- intent
- gross negligence
- injury to life, body or health
In the case of simple negligence, liability exists only for breach of material contractual obligations. Liability is — as far as legally permissible — limited to the net order value.
Liability for indirect damage, in particular lost profit or loss of revenue, is excluded.
Mandatory statutory liability (for example product liability) remains unaffected.
13. Force majeure
The Seller is not liable for delays or failures caused by events beyond its control, in particular:
- natural events and severe weather
- strikes, lockouts and official orders
- disruptions in the supply chain and in transport
- failures of energy or telecommunications networks
14. Intellectual property
All technical documents, content and materials remain the property of the Seller or its partners.
15. Data protection
Personal data is processed in accordance with the privacy policy.
16. Choice of law and place of jurisdiction
French law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For merchants the following applies:
Place of jurisdiction is Paris.
For deliveries with a place of delivery in Germany, the place of jurisdiction is also Germany.
The Seller is entitled to bring an action at the Customer's registered office.
17. Final provisions
Amendments must be made in text form (email is sufficient). Should individual provisions be invalid, the remainder of the contract remains effective.