At the same time as placing a first order, the buyer is required to create a customer account with KULKER along with an up-to-date K-bis extract and an up-to-date bank identity statement as well as these general conditions signed by the buyer (or the specific agreement signed by both parties). The information sheet must specify: the name and company name of the buyer, his SIRET number, his activity, the billing address, the delivery address and the method of payment of the first order, the contact details of KULKER (name, surname, email addresses, telephone and fax numbers). The buyer will inform KULKER of any changes/updates since the previous order. KULKER reserves the right to refuse to execute an order from the buyer if the buyer provides incomplete or inaccurate information in connection with the creation and/or updating of the customer account. In addition, upon request of the buyer, KULKER can create an Internet account for the benefit of the buyer accessible from the website www.kulker.fr. This account will allow the buyer to place orders and access the purchase price of KULKER products and services. KULKER will send a login (identification) and a password to the buyer to allow him to connect to his Internet account. The buyer agrees not to communicate his password to a third party and not to let another person use his Internet account. The buyer will be solely responsible for the retention and proper use of his password. In case of forgetting or theft of its username and/or password, the buyer will inform KULKER without delay.

The buyer sends a purchase order to KULKER by any means (email, fax, etc.). Any order is binding on the buyer on whose behalf it is made, without obligation for KULKER to ensure the quality and the power of the person signing the order. Orders from the buyer will not become firm and final until confirmed by KULKER. KULKER will send the buyer an acknowledgement of receipt of the order which will form the sales contract between the parties. KULKER may refuse to confirm an order, in particular in the following cases: (i) if a previous order from the buyer is still unpaid, (ii) if the buyer has failed to fulfil his contractual obligations in a previous requisition or (iii) if the command has an abnormal character, in terms of quantity or delay for example. Any request for a major change from the original purchase order will result in the issuance of an amended purchase order and the definition of a new price. Purchase orders must expressly contain the specific references of the products sold by KULKER as they appear in the KULKER catalogues, subject to changes in nomenclature and technical conditions. The consequences of any error in the references on the purchase orders entered by the buyer, whatever the medium, will remain at the expense of the latter.

The specifications and assembly drawings shall be drawn up for information purposes only on the basis of the technical information supplied by the purchaser. It is up to the purchaser to carry out, in advance, under his sole and exclusive responsibility, the identification of requirements, the collection and the verification of technical information useful for the establishment of his order and the realization of his installation (type of water supply: quality, flow and pressure; size, nature and configuration of the land or greenhouse, needs of the crops and plantations concerned, distances etc...). In other words, KULKER shall not be held liable for any errors of choice and/or design attributable to the customer or for any direct or indirect damage resulting from such errors.

The information given on our catalogues, documentation and leaflets is provided for information purposes only and without any obligation on the part of KULKER. They cannot assume the responsibility of KULKER definitively and KULKER reserves the right to make any changes to them at any time.

The prices are exclusive of taxes and are expressed in Euros, they can be revised at any time. Prices are unpackaged material, made available to the buyer in our warehouses, for the quantities provided for in the order, which cannot be modified without the prior agreement of KULKER. Delivery costs will be mentioned by all means and addressed to the buyer upon request. The buyer acknowledges that the proper execution of orders requires active collaboration on his part. In case of excessive delay in the fulfilment of the order due to the lack of cooperation of the buyer, the latter acknowledges and accepts that the price of the order may be re-evaluated. Kulker and the buyer will meet to agree on a budget extension. Where financial benefits are agreed on the basis of the turnover achieved between KULKER and the purchaser, the turnover serving as the basis of assessment corresponds to the turnover excluding taxes actually received by KULKER during the reference period.

KULKER reserves the property of the delivered products until the full payment by the buyer of the price as well as any late penalties or lump sum compensation for recovery costs related thereto. During the term of the retention of title as custodian, the risks having been transferred under the conditions referred to in article "TRANSPORT" below, the buyer must insure the products against all risks of damage or liability, and in particular to take out product liability insurance on behalf of and at KULKER’s expense. The buyer is obliged to allow at any time the identification and the claim of the delivered products. The products in stock at the buyer are deemed to relate to unpaid invoices. The buyer shall not pledge or assign as security the ownership of the products. In the event of non-payment of all or part of the agreed deadlines, and fifteen (15) days after a formal notice by registered letter remained unsuccessful, in whole or in part, KULKER may continue the forced execution of the sale or the resolution of the sale. In the latter case, the buyer should return the products concerned to his own expense.

The user declares that he accepts the characteristics and limitations of the Internet and, in particular, recognizes:

• Having knowledge of the nature of the internet network and in particular its technical performance and response times, to consult, query or transfer information data;
• That the communication by the user to third parties of its identifiers and generally of any information deemed by the user as personal or confidential is done at its own risk;
• That it is the user’s responsibility to take all appropriate measures to protect his own data and/or software from possible virus contamination on the Internet network;
• That data circulating on the Internet may be regulated in terms of use or protected by a proprietary right.

The products will be delivered to the address mentioned on the order confirmation issued by KULKER. The goods always travel at the buyer’s own risk. The delivery date indicated by KULKER is, although indicated as precisely as possible, purely indicative and does not bind KULKER. As a result, no delay in delivery may give rise to damages, nor to withholding or cancelling orders in progress. However a delay of more than five weeks after the indicative delivery date, the sale of the undelivered product, for any reason other than force majeure, may be resolved at the request of either party without the possibility of obtaining damages for the purchaser. Notwithstanding the application of the retention of title clause, the transfer of risks occurs at the place agreed in the context of the order confirmation, at the time of the first presentation of the carrier on the premises of the buyer. The products are unloaded in any case under the exclusive responsibility of the buyer. When the buyer takes delivery of the products within the premises of KULKER, the transfer of risks occurs at the time of the availability of the products by KULKER in its premises, the entire transport operations, loading and unloading being the sole responsibility of the buyer. In the event of loss, damage or delay, the buyer must make reservations with the carrier by registered letter or by extrajudicial act within three (3) days, not including public holidays, in accordance with the provisions of [Article L 133-3 of the French Commercial Code. Free or postage-paid shipments do not derogate from these latter conditions. KULKER is authorised to make partial or global deliveries, unless the purchaser expressly requests, at the time of the order, to make only a global delivery.

No return can be made without prior approval from KULKER. Any return must be made within 10 days after receipt of the goods, beyond this period KULKER will be obliged to apply a discount of 30% on the amount of credit note to be made. Beyond this period, no return will be accepted. Returns expressly accepted by KULKER will result in the creation of a credit note for the benefit of the purchaser after a quantitative and qualitative check of the returned products is carried out. KULKER must be able to ascertain the reality of the complaint raised by the buyer. Moreover, any unjustified refusal of all or part of the products by the buyer may give rise to the invoicing by KULKER of the transport costs and other costs caused by this refusal. Any compensation with an amount owed by the buyer to KULKER assumes that the latter has expressly acknowledged, in writing and in advance, the reality of the claim justifying a credit note.

Receipt and Non-Compliance

This page was uptated on July 24th 2023.