General Terms and Conditions of Sale – Businesses

Version of 30 October 2026 – applicable to orders placed from that date onwards.

The Seller

The website onduleur.shop (the “Site”) is published and operated by:

Important: any order placed on the Site implies the unreserved acceptance of these general terms and conditions of sale (the “Terms”) and the waiver of any general terms and conditions of purchase of the Customer.

1. Scope and definitions

The Terms apply to any sale of products concluded on the Site between the Seller and a business customer. They prevail over any other terms and conditions, in particular the Customer’s general terms and conditions of purchase, unless the Seller has expressly agreed otherwise in writing. Unless a written framework agreement exists, they apply only to the sale concerned: their repeated application from one order to the next does not create any vested right or framework agreement.

• Customer: any natural or legal person who places an order on the Site for the purposes of its commercial, industrial, craft, liberal-profession, non-profit or public-sector activity.
• Account: the Customer’s personal area, which contains its information, orders and invoices.
• Login Credentials: the e-mail address and password used to access the Account.
• Products: the products offered for sale on the Site.
• Delivery: the first presentation of the Products at the delivery address specified when the order was placed.
• Territory: the countries to which the Seller agrees to deliver, as offered during the ordering process.

2. Customer account

For its first order, the Customer creates an Account (or orders as a guest where this option is offered). Registration is free of charge. The person registering declares that he or she has the authority to bind the Customer and acknowledges having read the Terms.

• The Customer provides accurate and complete information (including its company name and, where applicable, its intra-community VAT number) and keeps it up to date.
• The Customer may create only one Account. Its Login Credentials are personal and confidential; any login made with them is presumed to have been made by the Customer, who shall inform the Seller without delay of any fraudulent use.
• The Seller may request any proof of identity or of the company’s existence, and may suspend or delete an Account that is incomplete, used fraudulently or used in breach of the Terms.

3. Products

The essential characteristics of the Products are presented on their product page. Photographs, illustrations and documents, often provided by the manufacturers, are for information purposes only. The Customer, as a professional, chooses the Products under its sole responsibility, according to its needs and the constraints of its installation (voltage, power, runtime, dimensions, compatibility). The Seller may advise the Customer but does not know the precise use of the Products and cannot be held liable for any failure to advise on the suitability of the Product for the intended use.

Unless otherwise stated, the Products are new and comply with the applicable European and French regulations. The Seller may change its product range according to its suppliers’ constraints.

4. Orders

1. The Customer selects its Products, options and quantities, then adds them to its cart.
2. The Customer logs in, enters its billing and delivery addresses, and chooses the delivery method and the payment method.
3. The Customer checks the order summary (Products, prices, delivery costs, addresses, lead times), corrects any errors, then accepts the Terms.
4. The Customer confirms by clicking the “Order with an obligation to pay” button (or equivalent wording). This confirmation constitutes a firm order and acceptance of the Terms.

The Customer may also order by telephone on +33 (0)9 75 81 14 30. The Seller confirms the order online and by e-mail; the order date is the date of this confirmation. The Seller may refuse or suspend an order for a legitimate reason, in particular in the event of a previous payment dispute, suspected fraud, an incomplete address or an unavailable Product. The order confirmation is not an invoice.

5. Prices

Prices are stated in euros, first excluding tax (excl. VAT), then including all taxes (incl. VAT) at the VAT rate in force on the date of the order. Delivery costs, calculated according to weight, volume, address and mode of transport, are displayed before the order is confirmed. The applicable price is the price displayed on the date of the order. The Seller may change its prices at any time, without affecting confirmed orders; in the event of an obvious display error, it may cancel the order concerned and refund the Customer.

Outside mainland France, any customs duties, taxes and import formalities are the responsibility of the Customer. For intra-community deliveries, VAT exemption is subject to the provision of a valid intra-community VAT number, under the conditions laid down by the regulations.

6. Payment and late-payment penalties

6.1. Payment methods and payment date

Unless the Seller has agreed in writing to a different payment term, the price is payable in full when the order is placed. The Customer may pay by bank card, bank transfer or cheque, as well as by any other method offered when ordering; public administrations and local authorities may request to pay by administrative mandate (mandat administratif). Bank card data is processed by the Seller’s payment service provider and is not stored by the Seller.

• Bank transfer: the bank details are displayed at the end of the order and sent by e-mail; please quote the order number as the payment reference. The order is prepared as soon as the payment is notified and is generally shipped on the day the funds are received.
• Cheque: made payable to ADVANCED POWER SYSTEMS S.A.S and sent to the registered office, with the order number written on the back. The order is prepared and shipped as soon as the cheque has been received and validated.

6.2. Payment default

If payment by card is refused, the order is cancelled. For other payment methods, if the payment has not reached the Seller within ten (10) days of the order, or if it is refused or unpaid, the order is automatically cancelled. The Seller may request supporting documents (identity, company, payment method) to prevent fraud, and may cancel the order if no response is received.

6.3. Late-payment penalties

Any late payment automatically entails, without prior formal notice, the application of late-payment penalties at a rate of three (3) times the legal interest rate, calculated on the amount including VAT remaining due from the day following the due date, as well as the payment of a fixed compensation for recovery costs of forty (40) euros (articles L.441-10 and D.441-5 of the French Code de commerce). Where the recovery costs incurred exceed this amount, the Seller may claim additional compensation upon presentation of supporting evidence. Failure to pay any instalment renders all sums due immediately payable and entitles the Seller to suspend deliveries.

6.4. Invoicing

The invoice is available and can be printed from the Customer’s Account; a paper copy may be requested at [email protected].

7. Product availability

Offers are valid while stocks last and, for Products not held in stock, subject to availability from suppliers. If a Product is unavailable, the Seller informs the Customer without delay and may, at the Customer’s request: ship the entire order as soon as the Product is back in stock; ship the available Products first and then the rest, subject to clear information on any additional shipping costs; or offer an equivalent Product, accepted by the Customer. The Customer may also cancel the order for the unavailable Products; the sums paid are then refunded no later than thirty (30) days after payment.

8. Delivery

8.1. Area, lead times and tracking

The Products are delivered to the address specified by the Customer when ordering, within the Territory. Estimated delivery times, from full payment, are 2 to 3 working days in France and 7 to 10 working days in the European Union. These lead times are indicative; they include preparation, dispatch and transport, and may be extended if the Customer changes its order while it is being processed. A late delivery does not entitle the Customer to damages, penalties or cancellation of the order, unless the Seller agrees otherwise in writing. A shipping e-mail provides the parcel tracking number.

Transit times, including those of express services (“1 working day”), are those announced by the carriers and are not guaranteed. The Seller undertakes to ship the order as quickly as possible and to hand it to the service chosen by the Customer; it cannot be held liable for delays attributable to carriers. Any surcharge paid for an express service is not refundable in the event of a carrier delay.

8.2. Delivery costs

Delivery costs are displayed before the order is confirmed. Free shipping applies only where the offer states so, for delivery within mainland France, excluding islands not connected to the mainland by a toll-free bridge. If an incorrect or incomplete address makes delivery impossible, the costs of a new delivery shall be borne by the Customer.

Pick-up points and unclaimed parcels. As soon as the parcel ships, the Customer receives the tracking number and link by e-mail; it is the Customer’s responsibility to follow the parcel and collect it within the period set by the carrier, even without a notice or SMS from the carrier. A parcel that is not collected or claimed is returned to the Seller: return and re-shipping costs are borne by the Customer, and the parcel is only re-sent once they have been paid.

8.3. Inspection upon receipt

The Customer checks the condition of the parcel and its contents in the presence of the delivery driver, before signing the delivery note. In the event of a missing, damaged or apparently non-compliant product, the Customer records precise, dated, written reservations on the delivery note, then confirms them to the carrier by registered letter within three (3) working days, and informs the Seller. Failing this, the Products are deemed to have been accepted without reservation. The Seller may carry out any verification, directly or indirectly; the return of non-compliant Products is subject to its prior consent.

9. Claims and returns

Any claim or request for return, exchange or refund must state the order number and the reason, and must be sent to customer service before any item is sent back. No return is accepted without the Seller’s prior consent. Products returned with its consent must be sent back complete, in their original packaging and in perfect condition for resale; return shipping costs are borne by the Customer, except in the event of an error by the Seller or of a non-compliant or defective Product. The right of withdrawal provided for by the Code de la consommation (French Consumer Code) does not apply to sales concluded with business customers.

Customer service: +33 (0)9 75 81 14 30 (Monday to Friday, 9 am to 12 pm and 2 pm to 6 pm) – [email protected] – ADVANCED POWER SYSTEMS S.A.S, 1671 avenue Maréchal de Lattre de Tassigny, 06360 Èze, France.

10. Warranties

The Seller is bound by the warranty against hidden defects under the conditions of articles 1641 to 1649 of the Code civil (French Civil Code): a Customer who demonstrates the existence of a hidden defect, existing prior to the sale, that makes the Product unfit for its intended use, may obtain the rescission of the sale against return of the Product, or a price reduction if it keeps the Product. The action must be brought within two (2) years of the discovery of the defect.

Many Products also benefit from their manufacturer’s commercial warranty, the duration and terms of which are given on the Product page or in its documentation. The Seller does not grant any contractual warranty of its own, unless expressly stated in writing. Warranties do not cover damage resulting from installation, connection, use or storage not in accordance with the manufacturer’s recommendations, from modification of the Product, from normal wear and tear or from force majeure. It is advisable to keep the original packaging, as some manufacturers require it in order to honour their warranty.

11. Retention of title and transfer of risk

The Seller retains ownership of the Products until full payment of the price, principal and incidental costs, even if a payment term has been granted. Any contrary clause in the Customer’s terms of purchase is deemed unwritten. From Delivery, the Customer is the custodian of the unpaid Products. The Customer undertakes not to resell or pledge them until the price has been paid in full, unless agreed in writing. In the event of non-payment, after formal notice has remained without effect for fifteen (15) days, the Seller may terminate the sale and reclaim the Products, the costs of recovery being borne by the Customer and the sums already paid being retained by the Seller as compensation, without prejudice to any other remedy. In the event of insolvency proceedings, the Seller may reclaim the unpaid Products under the conditions of the Code de commerce (French Commercial Code).

The risks of loss, theft, damage or destruction are transferred, unless otherwise agreed, upon handover of the Products to the Customer at delivery by the Seller or, in the case of shipment, upon handover to the first carrier. This provision does not prevent the transfer of risks to the Customer as soon as the Products subject to retention of title are received.

12. Liability

The Seller’s liability is limited to direct and foreseeable damage. Except in the case of personal injury, gross negligence or wilful misconduct, it may not exceed the price paid by the Customer for the Product that caused the damage. The Seller is not liable for indirect or intangible damage, such as loss of business, production, profit, data, customers or contracts, or damage to reputation, nor for damage resulting from the use, misuse or inability to use a Product, alone or in combination with other equipment. The Seller is not required to provide replacement equipment during a repair or exchange.

The Seller is not liable for failures attributable to the Customer, for the temporary unavailability of the Site (maintenance, update, breakdown, cyber-attack), or for the content of third-party websites to which the Site links. The Customer is responsible for the selection, installation, connection and use of the Products, which must comply with the manufacturer’s recommendations and the applicable regulations; electrical installation work must be entrusted to a qualified professional where required by regulations. The Customer is solely responsible for the content it publishes on the Site. The Seller cannot be held liable for such content unless it has failed to promptly remove manifestly unlawful content notified to it in the manner set out in article 6-I of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy (loi pour la confiance dans l’économie numérique).

13. Force majeure

The Seller is not liable for non-performance or delay in the performance of its obligations where these result from a case of force majeure within the meaning of article 1218 of the Code civil (French Civil Code). The following, even when partial, are in particular treated as force majeure: strikes, lock-outs, fire, flood, riot, war, shortage of fuel, energy, transport, equipment or products needed by its suppliers, failure of a carrier or supplier, decision of an authority. If the impediment lasts more than thirty (30) days, either party may terminate the order concerned by registered letter, with the Seller refunding the sums received for undelivered Products.

14. Customer reviews

The Site allows the Customer to post reviews of the Products. The Customer remains responsible for its reviews, which must be genuine, comply with the law and the rights of third parties, and contain no insulting, defamatory, discriminatory, hateful or violent remarks, nor any commercial promotion. The Customer may write only one review per Product. The Customer grants the Seller, free of charge, the right to reproduce and publish its reviews on the Site, worldwide, for the duration of their legal protection. To report a review that appears to be unlawful: [email protected].

15. Personal data

ADVANCED POWER SYSTEMS S.A.S is the controller of the personal data collected on the Site (that of the Customer or of its representatives and employees), in accordance with Regulation (EU) 2016/679 (“GDPR”) and the French “Informatique et Libertés” data protection act. The data is processed in order to fulfil orders, delivery and warranties, issue invoices and comply with legal obligations, manage the business relationship, prevent fraud and, with the data subject’s consent or where permitted by law, send commercial information. It is disclosed to the service providers involved in the order, payment, delivery, hosting and sending of messages, in particular Cloudflare, Inc. (United States), which ensures the security and speed of the Site, and Mailjet SAS (France), which delivers the Seller’s e-mails. Any transfers of technical data outside the European Union by Cloudflare are governed by the EU–US Data Privacy Framework and the European Commission’s standard contractual clauses. Cookies that are strictly necessary for the operation and security of the Site, including Cloudflare’s, do not require consent. It is kept for the duration of the business relationship and then for three years from the last contact for prospecting purposes, and for ten years for accounting documents. Data subjects have the right of access, rectification, erasure, restriction, objection and portability, which they may exercise by writing to [email protected] or to the address of the registered office, providing proof of identity. They may lodge a complaint with the CNIL (www.cnil.fr). Cookies are managed from the Site’s consent banner.

16. Intellectual property

The elements of the Site (texts, images, sounds, logos, trademarks, databases, technical elements) are protected by copyright, trademark law and, where applicable, patent law, and belong to the Seller or its partners. Any reproduction or use without written authorisation is prohibited. A simple hyperlink to the Site is permitted; framing and in-line linking are prohibited.

The Site’s catalogue (product pages, specifications, prices, photos) is a database protected by Articles L.341-1 et seq. of the French Intellectual Property Code. Its automated extraction or re-use, in whole or in substantial part (copying the site, automated price monitoring, copying texts or photos by robots or software), is prohibited without the Seller’s written authorisation. Indexing by search engines and consultation by search and artificial intelligence assistants remain permitted under the conditions set out in the Site’s robots.txt file.

17. Evidence and archiving

The data recorded by the Seller shall be authoritative between the parties, unless proven otherwise. Contracts are archived for five (5) years, in accordance with article L.110-4 of the Code de commerce (French Commercial Code); a copy is provided to the Customer on request at [email protected]. Invoices are kept for ten (10) years.

18. Amendments and validity of the Terms

The Seller may amend the Terms at any time. The applicable Terms are those in force on the date of the order. If any clause is declared null and void or unenforceable, the other clauses remain in force. The Terms are drafted in French; in the event of translation, only the French version shall be authoritative.

19. Governing law and jurisdiction

The Terms and the relations between the Seller and the Customer are governed by French law. In the event of a dispute, the parties shall first seek an amicable solution: the party wishing to initiate this process shall inform the other party by registered letter with acknowledgement of receipt, setting out the subject of the dispute. Failing agreement within fifteen (15) days, the dispute shall be brought before the Commercial Court (tribunal de commerce) of Nice, which shall have jurisdiction over any dispute relating to the interpretation or performance of the Terms and of the sales concluded, as well as to the payment of the price, even in the event of multiple defendants, third-party warranty claims or summary proceedings (référé). The Seller nevertheless reserves the right to bring proceedings against the Customer before the Commercial Court of the place of the Customer’s registered office. During the amicable phase, the parties shall refrain from taking legal action, except to request urgent or protective measures (summary proceedings or ex parte application).