GENERAL TERMS OF SALE
Applicable starting from 09/18/2025
- These general terms and conditions of sale (hereinafter "GTC") apply to any purchase by a professional (hereinafter the "Buyer"), notably on the website shop@kolumna.fr (hereinafter the "Site") from the company KOLUMNA, a simplified joint-stock company, with a capital of €10,000, registered with the Lyon Trade and Companies Register under number 981448145, whose registered office is located at 117 Route de Grenoble 69800 Saint-Priest - France. VAT Identification No. FR45981448145, Contact : contact@kolumna.fr (hereinafter the "Supplier").
- These GTC aim to regulate the sale and delivery of products ordered by professional Buyers from the Supplier, notably via the Site. They constitute the unique foundation of the commercial relationship between the parties in accordance with Article L441-1 of the Commercial Code.
- They are accessible upon request from Buyers in accordance with Article L441-1 of the Commercial Code.
- Any order for products, regardless of the channel used, necessarily implies the unconditional acceptance by the Buyer of these GTC.
- ARTICLE 1 – DEFINITIONS
- The terms used hereinafter have, in these GTC, the following meaning :
- 1.1 – Buyer : refers to the contracting party of the Supplier who guarantees to have the status of a professional as defined by French law and jurisprudence. In this respect, it is expressly provided that the Buyer acts for purposes within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.
- 1.2 – Order : refers to the purchase of products by a Buyer from the Supplier, notably on the Site.
- 1.3 – Supplier : refers to the company KOLUMNA simplified joint-stock company, with a capital of €10,000, registered with the Lyon Trade and Companies Register under number 981448145, whose registered office is located at 117 Route de Grenoble 69800 Saint-Priest - France. VAT Identification Number FR45981448145, Contact : contact@kolumna.fr
- 1.4 – Delivery : refers to the first presentation of the Products purchased by the Buyer at the delivery address indicated by them at the time of the Order.
- 1.5 – Parties : refers collectively to the Supplier and the Buyer. In the singular, refers to one of the two Parties.
- 1.6 – Products : refers to all products available notably on the Site.
- 1.7 – Withdrawal : refers to the procedure by which the Buyer can collect their Product directly at the Supplier's premises or at a designated location for this purpose after placing an Order, notably via the Site.
- 1.8 – Site : refers to the Supplier's website accessible at the following address :
- shop@kolumna.fr
- ARTICLE 2 – SCOPE OF APPLICATION
- 2.1 – The present General Terms and Conditions govern the sale of Products by the Supplier to professional Buyers, notably via the Site.
- They apply without restriction or reservation to all sales concluded by the Supplier with Buyers, regardless of the clauses that may appear on the Buyer's documents, and notably their general purchasing conditions.
- The Buyer is clearly informed and acknowledges that the Site and, more generally, the Supplier, are intended solely for professionals.
- Therefore, the Buyer agrees to purchase the Products for their professional use.
- 2.2 – The Buyer agrees to carefully read these General Terms and Conditions and expressly accept them before proceeding to pay for an Order of Products placed with the Supplier.
- Thus, any Order of Products implies, on the part of the Buyer, acceptance of these General Terms and Conditions.
- The Supplier advises the Buyer to read the General Terms and Conditions with each new Order, with the latest version of said General Terms and Conditions applying to any new Order of Products.
- The information contained in the Supplier's catalogs, brochures, and price lists is provided for informational purposes and is subject to revision at any time. The Supplier has the right to make any changes that it deems useful.
- 2.3 – The General Terms and Conditions may be modified at any time by the Supplier, without notice. The General Terms and Conditions may not be modified in any way by the Buyer.
- The applicable General Terms and Conditions will be those present on the Site at the time the order is placed by the Buyer.
- In accordance with the applicable regulations, the Supplier reserves the right to deviate from certain clauses of these General Terms and Conditions, depending on the negotiations conducted with the Buyer, by establishing Specific Sales Conditions.
- ARTICLE 3 – ORDER
- 3.1 – The Buyer acknowledges having the required capacity to contract and acquire the Products.
- 3.2 – Sales are only perfected after express and written acceptance of the Buyer's order by the Supplier, who will ensure, in particular, the availability of the requested products, as evidenced by sending a purchase order to the Buyer.
- The Supplier has ordering means (including acceptance and confirmation) electronically, notably via the Site, allowing the Buyer to order the products. Orders placed via the website are generally those that provide the best conditions of convenience and speed.
- For orders placed exclusively online, the registration of an order on the Supplier's site is completed when the Buyer accepts these General Terms and Conditions by checking the box provided for this purpose and validates their order. This validation implies acceptance of all of these General Terms and Conditions and constitutes proof of the sales contract.
- The acknowledgment of the order and its acceptance are confirmed by the sending of an email. The data recorded in the Supplier's computer system constitutes proof of all transactions concluded with the Buyer.
- 3.3 – Any modifications 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 at least 5 days before the scheduled delivery date of the ordered Products, after the Buyer signs a specific purchase order and any adjustment of the price.
- In the event of cancellation of the order by the Buyer after its acceptance by the Supplier less than 5 days before the scheduled date for the supply of the ordered Products, for any reason other than force majeure, any deposit paid on the order will be fully acquired by the Supplier and will not give rise to any refund.
- 3.4 – The products are supplied at the Supplier's rates in effect on the day the order is placed, and, if applicable, in the specific commercial proposal addressed to the Buyer. These rates are firm and non-revisable during their validity period, as indicated by the Supplier.
- These prices are net and excluding tax, ex-works and packaging extra. They do not include transportation, nor any potential customs fees and insurance, which remain the responsibility of the Buyer.
- Special pricing conditions may be applied based on the specific requests made by the Buyer regarding, in particular, the terms and deadlines for delivery, or the terms and conditions of payment. A specific commercial offer will then be sent to the Buyer by the Supplier.
- 3.5 – The products offered for sale by the Supplier are those present on the Site on the day the Buyer consults the Site.
- The main characteristics of the Products, including specifications, illustrations, indications of dimensions, capacity, and, if applicable, tolerances specific to natural materials, are presented on the Site. The Supplier invites the Buyer to take note of them before any order. The choice and purchase of a Product are solely the responsibility of the Buyer.
- The photographs and graphics presented on the Site, and in any other document from the Supplier or its own suppliers, are not contractual and cannot engage the Supplier's liability. Furthermore, the Supplier cannot be held responsible in the event of a mismatch between the descriptions of the products presented and those delivered, as long as the errors do not concern essential characteristics of the product.
- ARTICLE 4 – PAYMENT TERMS
- 4.1 – Payment terms : All invoices issued by the Supplier will be settled by bank transfer within 30 days from the date of delivery.
- In case it is not possible to set up a bank transfer, the price is payable in cash, in full on the day of delivery of the Products under the conditions defined in the article "Delivery" below and as indicated on the invoice provided to the Buyer.
- 4.2 – Deposit : For any order, the Supplier reserves the right to request a deposit upon ordering. In particular, the Supplier may, at its discretion, require deposits for orders placed by new Buyers.
- 4.3 – Late payment : In case of late payment and remittance of amounts due by the Buyer beyond the deadlines set above, and after the payment date indicated on the invoice sent to them, late penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by ten (10) percentage points, starting from the day after the due date of the unpaid amount, plus shipping costs indicated on said invoice. These penalties will be automatically and fully acquired by the Supplier, without any formalities or prior notice.
- Furthermore, in accordance with Article L.441-10 of the Commercial Code, any delay or default in payment will result in a flat-rate compensation for recovery costs of forty euros (40€) without prejudice to additional compensation upon justification (Articles L.441-10 and D.441-5 of the Commercial Code).
- Late payment will also result in the immediate enforceability of all amounts due by the Buyer, without prejudice to any other action that the Supplier may be entitled to take against the Buyer in this regard.
- Furthermore, the Supplier reserves the right, in the event of non-compliance with the payment terms set forth above, to suspend or cancel the delivery of ongoing orders placed by the Buyer, to suspend the performance of its obligations, and to reduce or cancel any discounts granted to the latter.
- 4.4 – Compensation : Unless expressly agreed in advance and in writing by the Supplier, and provided that the reciprocal claims and debts are certain, liquid, and due, no compensation may be validly made between any potential penalties for delays in delivery or non-compliance of the products ordered by the Buyer on one hand, and the amounts due by the latter to the Supplier for the purchase of said products on the other hand.
- No discount will be granted by the Supplier for payment before the date indicated on the invoice or within a period shorter than that mentioned in these General Terms and Conditions.
- ARTICLE 5 – DELIVERY
- 5.1 – General : The Supplier will provide the Buyer with an indicative delivery date before the order is validated; this date is without guarantee. It corresponds to the average shipping time indicated on the product sheet, plus the average transit time. If an order includes several Products with different indicative delivery dates, the indicative delivery date of the order corresponds to the furthest date. The Supplier reserves the right to split deliveries.
- The indicated delivery time is also automatically suspended by any event beyond the Supplier's control that results in a delay in delivery.
- 5.2 – Delivery address : Orders are delivered to the delivery address provided by the Buyer at the time of their order. Any change to the destination address of the order after payment validation will not be taken into account. However, a change of address may be notified to the Supplier's after-sales service (by email at contact@kolumna.fr), which will communicate the new address to the carriers, but without any guarantee that it can be taken into account by the carriers.
- Delivery is made in Metropolitan France. The Buyer's attention is drawn to the fact that it is their responsibility to assess the feasibility of the delivery and drop-off, meaning that the delivery location must be easily accessible, compatible with the receipt of the Product, and to specify any access particulars at the time of ordering.
- If the carrier is unable to deliver the package to the Buyer, it will be returned to the Supplier.
- 5.3 – Shipping delay : In the event that a shipping delay could impact the estimated delivery date, the Buyer will be informed by an email sent to the address provided by them at the time of the order.
- 5.4 – Delivery delay : Delivery times may vary depending on the time of the Buyer's order and the destination of the package. These times being independent of the Supplier, no penalty or compensation payment from the Supplier to the Buyer will be accepted on this basis. In case of delay compared to the indicative date, the Supplier will propose a new delivery date. The Buyer is invited to contact Customer Service in case of problems and for any questions.
- 5.5 – Risks : The costs and risks related to the delivery operation of the products are the sole responsibility of the Supplier. From the time of delivery, the risks of the Products are transferred to the Buyer.
- 5.6 – Reservations : The Buyer must indicate on the transport documents any reservations (for example: damaged package, already opened…) regarding the delivered Product(s). In accordance with Article L.133-3 of the Commercial Code, the Buyer must notify the carrier and the Supplier within three (3) days of the reservations expressed by registered letter. Any claim will be subject to an investigation conducted by the Supplier with the logistics or carriers. This will determine the responsibility of each party.
- 5.7 – Withdrawal – Carrier designated by the Buyer : When the transport of the order is organized by a carrier chosen and mandated by the Buyer, the Buyer assumes full responsibility for the transport, including in the event of loss, damage, theft, or delivery delay.
- In this case, the transfer of risks occurs as soon as the goods are handed over by the Supplier to the carrier designated by the Buyer, at the Supplier's premises or any other agreed location. It is the Buyer's responsibility to make any necessary reservations with the carrier and to exercise, if applicable, any recourse against them.
- The Supplier shall not be held liable in any case for a breach or damage occurring during transport when it is carried out under the responsibility of the carrier mandated by the Buyer.
- ARTICLE 6 – RECEIPT OF PRODUCTS
- 6.1 – General: The risks of the ordered Product(s) are borne by the Buyer from the time of delivery of the order.
- 6.2 – Compliance of the order: The Buyer must check upon receipt the compliance of the delivered products with the ordered products and the absence of any apparent defect.
- If the package is damaged or opened, the package must be refused by the Buyer by specifying the reason on the delivery note, or accepted with clear, precise, and justified reservations on the delivery note. Any delivery of a package accepted without reservation at the time of delivery will be deemed free of defects due to delivery.
- According to the results of the investigation, the ordered products may be refunded or reshipped within 30 days after contacting the Buyer. The Supplier will make an attempt to contact the Buyer to know their wishes. If unsuccessful, the Supplier will refund the Buyer and inform them by email or phone.
- If the received items do not match the order, the Buyer must contact Customer Service within 3 days of receiving their order (by email at contact@kolumna.fr to confirm the non-conformity and follow the appropriate procedure (return, refund, or reshipment of the products).
- If no claim or reservation is made by the Buyer on the day of receipt of the products, the said products can no longer be returned or exchanged, in accordance with the provisions of Article 1642 of the Civil Code.
- In the event of apparent defects or non-conformity of the delivered products to the ordered products noted by the Buyer on the day of receipt, the Supplier is obliged to replace the delivered products with new and identical products to the order.
- The costs incurred by the return and delivery of the new products are the sole responsibility of the Supplier.
- 6.3 – Delivery note: A delivery note, confirming the details of the Buyer’s order, is issued upon Delivery.
- ARTICLE 7 – RESERVATION OF TITLE
- The Supplier reserves ownership of the delivered goods until full payment of the principal price and accessories, including costs and taxes.
- However, the risks related to the Products are transferred to the Buyer upon their delivery.
- Throughout the duration of the reservation of title, the Buyer must insure, at their own expense, the Products belonging to the Supplier against any risk of loss or damage, and provide proof upon first request.
- Non-payment, even partial, of a due date may lead to the immediate claim of the Products by the Supplier.
- If the Products have not yet been resold and in case of default of payment within the agreed timeframe, the Supplier may exercise its right of reclamation.
- It is expressly agreed that the Products in stock at the Buyer bearing the same reference as the unpaid Products will be presumed to correspond to those remaining the property of the Supplier.
- The reclamation of the Products will not constitute termination of these General Terms and Conditions.
- All costs related to the recovery of the Products, including legal fees, will be fully borne by the Buyer.
- In the event of the Buyer's recovery or judicial liquidation, the Supplier reserves the right to reclaim, within the framework of the collective procedure, the unpaid Products. The Buyer must ensure that the Products can be identified at all times.
- The Buyer is prohibited from pledging the Products subject to the retention of title clause.
- In the event of seizure of these Products, the Buyer must immediately inform the seizing party (and the bailiff) as well as the Supplier.
- ARTICLE 8 – WARRANTIES
- 8.1 – The Products sold are covered by the legal warranty against hidden defects, within the meaning of Article 1641 of the Civil Code.
- 8.2 – The Supplier agrees to refund or exchange the Products:
- - not corresponding to the Buyer's order; - presenting a hidden defect.
- In any case, the Buyer must justify the non-conformity or hidden defect in detail and by email to the address contact@kolumna.fr, then return the concerned Product(s) within fourteen (14) days from the date on which they informed the Supplier of the defect or non-conformity.
- The products must be returned to the Supplier at the following address: Dachser 555 Rue de la Craz 01120 Dagneux.
- The product(s) must be:
- (i) returned complete, in its (their) original packaging intact and
- (ii) accompanied by its (their) original packaging as well as the return slip provided by Customer Service and the invoice.
- Furthermore, the Supplier does not accept packages sent with postage due. Any risk related to the return of the product(s) is the responsibility of the Buyer. Upon receipt of the product(s) presumed to be non-conforming or affected by a hidden defect, the Supplier will conduct a check of the product(s) to determine the conformity or non-conformity of said products.
- After verification, the Supplier will proceed, at the Buyer's choice:
- - Either to exchange the non-conforming product(s) or affected by a hidden defect at the Buyer's request.
- - Or to refund the non-conforming product(s) or affected by a hidden defect within thirty (30) days after receipt of the non-conforming product(s).
- The initial delivery costs will be refunded based on the amount charged to the Buyer, and the return costs will also be refunded upon presentation of receipts.
- ARTICLE 9 – REFUND
- Refunds for Products in the cases outlined in Article 8 of these General Terms and Conditions will be made as soon as possible and no later than thirty (30) days following the date on which the right has been validly exercised.
- The refund will be made by bank transfer to the Buyer’s account that was initially charged.
- ARTICLE 10 – LIABILITY
- 10.1 – The Products offered comply with current French legislation. The Supplier's liability cannot be engaged in the event of non-compliance with the legislation of the country where the Product is delivered. In general, it is the buyer's responsibility to check with local authorities the possibilities of importing or using the products or services they intend to order.
- 10.2 – The photos are provided for illustrative purposes. The Supplier invites the Buyer to refer to the description of each Product to know its precise characteristics, and in case of doubt, or to obtain additional information, to contact the Customer Service defined in Article 15 below.
- 10.3 – The Buyer must ensure compliance with the conditions of use of the Products in accordance with the user manual and the Supplier's specifications to ensure that they are used in conditions suitable for their intended purpose.
- 10.4 – The Supplier disclaims all liability in the event of interruption, malfunction, or fraudulent intrusion on the Site. The Supplier cannot be held responsible for any loss of data or files resulting from the consultation of the Site. It is the Buyer's responsibility to perform all necessary backups before placing their order on the Site.
- 10.5 – The Supplier's liability cannot, under any circumstances, be engaged for indirect, consequential or non-consequential damages, including: loss of use, loss of goods, loss of business, damage to image and/or immobilization of a Product and any other costs or expenses.
- The Supplier's liability is capped, for all causes combined, at the amounts received for the supply of the relevant Products.
- ARTICLE 11 – FORCE MAJEURE
- The Supplier's liability cannot be engaged for total or partial non-compliance with the obligations of these General Terms and Conditions in the event of the occurrence of a force majeure event as defined by Article 1218 of the Civil Code and by jurisprudence. The following are considered as cases of force majeure, without this list being exhaustive: pandemics, epidemics, general or localized confinement due to illness including COVID-19, war in France or abroad, strikes…
- ARTICLE 12 – CONFIDENTIALITY
- The Buyer agrees to keep strictly confidential all information relating to the Products purchased from the Supplier.
- In particular, the Buyer is prohibited from disclosing to third parties the purchase conditions of the Products.
- The confidential information referred to in this article may not be communicated to third parties or used for any purpose other than the strict execution of these General Terms and Conditions.
- ARTICLE 13 – INTELLECTUAL PROPERTY
- The Supplier holds all rights related to this Site as well as to all elements contained therein, including trademarks, logos, illustrations, texts, sound elements, works, and images.
- No rights or licenses are granted to the user, except for a right of access and consultation of the Site.
- In accordance with the provisions of the Intellectual Property Code, any reproduction or representation, in whole or in part, of the Site or any of its elements is strictly prohibited, except for private use and subject to different or more restrictive provisions provided by said Code.
- ARTICLE 14 – PERSONAL DATA
- As part of the business relationship, the Supplier is required to collect and process personal data relating to the representatives, employees, or collaborators of the Buyer, such as names, first names, professional email addresses, phone numbers, or any other data necessary for the execution of the contract.
- This data is mandatory and necessary for processing and managing the order. Failure to provide this information will prevent the Supplier from processing the Buyer's order.
- This data is processed solely for the purposes of order management, business relationship, invoicing, and after-sales service. It is retained for the duration necessary to manage the contractual relationship, plus the legal limitation periods.
- In accordance with the Data Protection Act No. 78-17 of January 6, 1978, and the General Regulation on Data Protection (GDPR) of May 4, 2016, the Buyer has the right to access, rectify, delete, object to, and limit the processing of their data. These rights can be exercised by sending a request to the following address: admin@kolumna.fr.
- The Supplier agrees not to transmit data to unauthorized third parties and to implement appropriate technical and organizational measures to ensure its security and confidentiality.
- ARTICLE 15 – AFTER-SALES SERVICE
- For any information or questions, an After-sales Service is available:
- By email: contact@kolumna.fr
- By phone at 04.81.91.11.65, from 8 AM to 7 PM, Monday to Friday
- ARTICLE 16 – Tolerance
- If one or more provisions of these General Terms and Conditions are deemed invalid or declared as such by a final court decision, the other provisions will retain all their force and scope.
- The fact that the Supplier does not invoke a breach of any of the obligations of these General Terms and Conditions cannot be interpreted in the future as a waiver of the obligation in question.
- ARTICLE 17 – APPLICABLE LAW
- 18.1 – These General Terms and Conditions will be governed by French law.
- 18.2 – In the event of a dispute regarding the interpretation, execution, termination, consequences, or validity of these General Terms and Conditions, the parties agree to seek, before any legal action, an amicable solution, within thirty (30) days from the notification by one party of the dispute to the other by a formal notice sent by registered mail.
- 18.3 – In the absence of an amicable resolution within thirty (30) days from the receipt of this notification, the dispute will be submitted to the exclusive jurisdiction of the Commercial Court of Lyon.