Wholesale terms and conditions
These commercial terms and conditions apply to sales made by Tomète SAS to its professional reseller clients.
Tomète SAS
SIREN: 919 735 654
Intra-community VAT number: FR70 919735654
320 rue Saint-Honoré
75001 Paris – France
hello@tometestore.com
tometestore.com
ORDERS
Any order placed on the Wholesale portal is subject to validation by Tomète.
After receiving the order request, Tomète will verify product availability, any production times, and applicable delivery conditions. The order is confirmed after this verification.
Placing an order implies full and complete acceptance of these commercial terms and conditions.
Products are offered subject to availability. Photographs, characteristics, dimensions, weight, prices, and other information appearing in catalogs or price lists are provided for informational purposes only and may change.
MINIMUM ORDER
The minimum amount for the first order is €1,000 excluding tax.
The minimum amount for restock orders is €500 excluding tax.
PRICES
All Wholesale prices are indicated excluding tax (HT).
VAT and any other applicable taxes are determined according to the place of delivery and current regulations.
Invoicing is based on the prices in effect at the time the order is validated. Tomète reserves the right to modify its prices, particularly in the event of changes in the cost of raw materials or production.
PAYMENT
Unless specific conditions are agreed upon in writing with Tomète, 30% of the order amount is due upon confirmation.
The remaining 70% is due before shipment of the goods.
Payment is made by bank transfer, based on the instructions communicated by Tomète after order validation.
No discount is granted for early payment.
AVAILABILITY & PRODUCTION
Orders are processed based on available stock.
When one or more products are not immediately available, Tomète will communicate the estimated production or restocking time to the client upon order validation.
Unless otherwise agreed, when an order includes available items and items requiring production, shipment will occur when the entire order is available.
Partial shipment can be arranged at the client's request. Any additional transport costs related to these shipments will then be borne by the client.
DELIVERY
Delivery costs and terms are confirmed by Tomète after order validation.
Delivery is free for orders above the following amounts:
Metropolitan France: €1,500 excluding tax
European Union: €2,000 excluding tax
Rest of the world: €5,000 excluding tax
Below these thresholds, delivery costs are borne by the client and are communicated after order validation.
For international deliveries, any customs duties, import taxes, customs clearance fees, and other import-related charges are the responsibility of the client, unless otherwise agreed in writing.
Goods travel at the client's risk.
Upon receipt, the client must check the external and internal condition of the packages as well as the quality, quantities, references, and conformity of the delivered products.
Any anomaly or reservation must be reported to the carrier upon delivery and communicated to Tomète as soon as possible.
No claim relating to the conformity of the delivery will be accepted more than five (5) days after receipt.
Delivery delays cannot lead to cancellation of the order, refusal of the goods, or a claim for damages.
RETURNS
Returns are accepted only in case of product defect, delivery error, or faulty merchandise.
Any return must be subject to prior written agreement from Tomète and must be requested within seven (7) days of receipt.
Products must be returned unused, in their original condition and packaging, at the client's expense and risk, to the address communicated by Tomète.
Personalized or custom-made products cannot be returned or exchanged.
LATE PAYMENT
Any late payment will result in the immediate enforceability of the outstanding amounts.
In accordance with Article L.441-10 of the French Commercial Code, a fixed compensation of €40 for recovery costs is due from the first day of delay.
Late payment penalties are also payable at the rate provided by applicable regulations.
Default or delay in payment may result in the suspension or cancellation of current orders. Tomète also reserves the right to request advance payment or specific guarantees before accepting any new order.
No discount is granted for early payment.
RETENTION OF TITLE
Tomète retains ownership of the goods until full payment of their price.
However, the risks associated with the goods are transferred to the client under the conditions applicable to their shipment.
INTELLECTUAL PROPERTY
Any reproduction, total or partial, of Tomète models is strictly prohibited.
The transmission to third parties of information enabling such reproduction is also prohibited and may lead to prosecution.
Photographs, visuals, and other content belonging to Tomète are protected by intellectual property rights.
Any use of Tomète photographs or content, particularly on a website, marketplace, or social media, must be subject to prior authorization from Tomète specifying the intended use.
Any unauthorized use or use outside the agreed framework may be considered an infringement of Tomète's intellectual property rights.
BRAND & DEBRANDING
It is strictly forbidden to remove or conceal the Tomète brand affixed to the products, or to market the products under another brand in such a way as to conceal their origin or substitute them with a third-party brand.
ONLINE SALES
Resale of Tomète products online is authorized only after presentation and prior written agreement from Tomète regarding the online distribution project.
Resale of Tomète products on marketplaces or third-party platforms is also subject to prior written agreement from Tomète.
APPLICABLE LAW & JURISDICTION
These commercial terms and conditions as well as sales made by Tomète are subject to French law.
In case of dispute, and failing amicable resolution, the Paris Commercial Court shall have sole jurisdiction, including in the event of a warranty claim or multiple defendants.