GENERAL TERMS AND CONDITIONS OF SALE : BISK&CO

Bisk&Co, a simplified joint-stock company (SAS) with a share capital of €1,000, registered with the Auch Trade and Companies Register under number 992 195 214, with its registered office located at 1700 chemin du Magnas, 32600 Clermont-Savès, France (hereinafter "Bisk&Co" or "the Seller"), publishes the website www.biskandco.com.

Article 1 : Subject and Scope

These general terms and conditions of sale (hereinafter "GTC") govern, in accordance with Article L441-1 of the French Commercial Code, all contractual relations between Bisk&Co and its professional or trade customers (hereinafter "the Customer"), acting for the purposes of their professional activity.

Bisk&Co markets equipment and raw materials (in particular ceramic bisque and associated supplies) intended for creative and craft activities, exclusively for professionals. Any order implies unreserved acceptance by the Customer of these GTC, to the exclusion of any other document, and in particular the Customer's general terms and conditions of purchase, unless expressly agreed otherwise in writing in advance by Bisk&Co.

These GTC are provided to any Customer upon request, in accordance with Article L441-1 of the French Commercial Code, and can be viewed on the biskandco.com website. Bisk&Co reserves the right to amend them at any time; the GTC applicable to an order are those in effect on the date of that order.

Article 2 : Orders

Orders are placed in writing, by email, or online via the biskandco.com website. They are only considered final after written confirmation by Bisk&Co and full receipt of payment by Bisk&Co, payment being due upon ordering (Article 4).

Bisk&Co reserves the right to refuse or cancel any order from a Customer with whom there is an ongoing dispute concerning the payment of a previous order, or for any legitimate reason relating in particular to available stocks.

Any order modifications requested by the Customer will only be taken into account if they are notified in writing and expressly accepted by Bisk&Co prior to shipment.

The right of withdrawal provided for in Articles L221-18 et seq. of the French Consumer Code does not apply to transactions between professionals. As an exception, it could only benefit a Customer employing five or fewer employees if the order relates to an area that does not fall within the scope of its main business activity (Article L221-3 of the French Consumer Code), a situation which, by its nature, does not apply to the purchase of equipment and raw materials required for the Customer's business activity.

Article 3 : Prices and Shipping Costs

Prices are stated in euros, excluding taxes (excl. VAT), and are subject to VAT at the rate in force on the date of the order.

Shipping costs are payable by the Customer and are specified on the quote or order confirmation, unless the free shipping threshold applies: Bisk&Co covers shipping costs for any order of an amount equal to or greater than €2,000 excl. VAT delivered within France. Below this amount, shipping costs are invoiced to the Customer according to the rates in effect on the date of the order.

Bisk&Co provides its unit price list and discount terms upon request, in accordance with Article L441-1 of the French Commercial Code. Rates may be revised at any time; the price applicable to an order is the one in effect on the date of its written confirmation by Bisk&Co.

Article 4 : Payment Terms and Deadlines

Payment of the price is due in full upon placing the order, according to the payment methods specified at the time of ordering (credit/debit card, bank transfer, etc.). Bisk&Co only proceeds with the final confirmation of the order, its preparation, and its shipment after the actual and full collection of the payment.

In the event of payment rejection (unpaid cheque, direct debit or online payment failure), the order is automatically suspended and will not be confirmed or shipped until the payment has been settled, without prejudice to the penalties below if the rejection occurs after the fulfillment of the order has begun.

Exceptionally, payment terms may be granted to a Customer by prior written agreement from Bisk&Co. In this case, pursuant to Article L441-10 of the French Commercial Code, this period may not exceed 60 net days (or 45 days end of month) from the invoice date, and any late payment will automatically result in, without prior formal notice:

• the application of late payment penalties calculated on the basis of the European Central Bank interest rate plus 10 percentage points (in the absence of a higher contractual rate, which itself cannot be lower than three times the legal interest rate);
• a fixed recovery fee of €40 per invoice, payable automatically from the first day of late payment; if the recovery costs actually incurred exceed this amount, Bisk&Co may claim additional compensation, upon presentation of supporting documents.

In the event of non-payment, Bisk&Co reserves the right to suspend or cancel pending orders from the Customer concerned, without prejudice to any other legal action.

Article 5 : Delivery and Transfer of Risk

Delivery times are given for informational purposes only and do not constitute a binding commitment. A delay in delivery shall not give rise to damages, deductions, or order cancellations, except in the event of gross negligence or wilful misconduct by Bisk&Co.

In accordance with Article 1657 of the French Civil Code, the risks of loss and damage to products are transferred to the Customer upon handover of the goods to the carrier, even when the carrier is chosen by Bisk&Co. It is the Customer's responsibility to check the condition of the goods upon receipt and to make any precise and justified reservations with the carrier (by registered letter with acknowledgement of receipt within statutory deadlines), pursuant to Article L133-3 of the French Commercial Code, as well as to notify Bisk&Co within 48 hours.

Article 6 : Retention of Title

Pursuant to Articles 2367 et seq. of the French Civil Code, Bisk&Co retains full and complete ownership of the products sold until full payment of the principal amount and ancillary charges. Failure to pay all or part of the price may result in Bisk&Co reclaiming the goods.

This retention of title does not prevent the transfer, upon delivery, of the risks of loss or damage to the products, as well as the resulting liability for the Customer, in accordance with Article 5 above.

Article 7 : Product Conformity

Bisk&Co undertakes to deliver products that comply with the order, in quantity and quality, pursuant to Articles 1604 and 1616 of the French Civil Code. It is the Customer's responsibility to check the conformity of the products upon receipt.

Article 8 : Statutory Warranties

The products sold benefit from the statutory warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code, which obliges Bisk&Co to guarantee the Customer against hidden defects in the sold item that make it unfit for its intended purpose, or that impair this use to such an extent that the Customer would not have purchased it or would have paid a lower price had they known of them.

Any action under the warranty against hidden defects must be brought by the Customer within two years from the discovery of the defect, pursuant to Article 1648 of the French Civil Code, and must be accompanied by any evidence establishing the existence of the claimed defect (photographs, precise description, storage and handling conditions of the products).

This warranty does not cover: normal wear and tear, apparent defects noted upon delivery and not reported in accordance with Article 5, damage resulting from use, storage, or processing not in compliance with Bisk&Co's recommendations, nor defects resulting from an event of force majeure.

Article 9 : Claims and Return Processing

Any claim relating to an apparent defect, a delivery error, or non-conformity must be sent in writing to Bisk&Co within 21 days following receipt of the goods, accompanied by any useful supporting documents (photos, order number, detailed description). After this period, the products will be deemed accepted without reservation, subject to hidden defects covered by Article 8.

No return of goods will be accepted without prior written agreement from Bisk&Co, specifying the return procedure.

Non-refund policy. Unless public policy statutory provisions state otherwise, Bisk&Co does not issue refunds. When a claim submitted under the terms and deadlines above is recognized as justified by Bisk&Co (proven non-conformity, delivery error attributable to Bisk&Co, or hidden defect duly established under the terms of Article 8), Bisk&Co will offer the Customer, at its discretion:

• the replacement of the products concerned, or
• the issuance of a credit note that can be used on a future order,

to the exclusion of any refund in cash, bank transfer, or any other means of payment. This policy constitutes the standard procedure for handling justified claims and does not deprive the Customer of any rights they might hold, where applicable, under a mandatory statutory provision that cannot be contractually waived.

Article 10 : Liability

Bisk&Co's liability for any contractual breach is limited to the amount of the relevant order excluding taxes. Bisk&Co may under no circumstances be held liable for indirect damages such as operating loss, loss of turnover, loss of customers, loss of data, or harm to reputation, in accordance with Articles 1231-1 et seq. of the French Civil Code, the latter only being deemed compensable in the event of direct and foreseeable damages on the date the contract was concluded, except in cases of wilful misconduct or gross negligence.

Article 11 : Force Majeure

Pursuant to Article 1218 of the French Civil Code, Bisk&Co cannot be held liable for any delay or failure to perform its obligations resulting from an event beyond its control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects could not have been avoided by appropriate measures (including natural disasters, epidemics, total or partial strikes, logistics blockages, supplier failures, major IT outages).

In such a situation, the performance of Bisk&Co's obligations will be suspended for the duration of the event; if it lasts longer than 30 days, either party may terminate the relevant order, without compensation on either side.

Article 12 : Intellectual Property

The trademarks, logos, visuals, catalogues, technical data sheets, and contents of the biskandco.com website are the exclusive property of Bisk&Co or its partners and are protected under the Intellectual Property Code. Any reproduction, representation, or use, whether in whole or in part, without prior written authorization from Bisk&Co, is strictly prohibited and may result in legal action.

Article 13: Personal Data

The Customer's personal data is collected and processed by Bisk&Co for the purposes of managing the commercial relationship (order processing, invoicing, customer support), in compliance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the amended French Data Protection Act No. 78-17 of 6 January 1978.

The Customer has the right to access, rectify, erase, restrict, and object to the processing of their data, which they can exercise with Bisk&Co at contact@agencemix.com, as well as the right to lodge a complaint with the CNIL.

Article 14: Severability

If any provision of these General Terms and Conditions is declared invalid or unenforceable pursuant to a law, regulation, or following a final court decision, it shall be deemed unwritten, without affecting the validity of the remaining provisions, unless such clause was essential and decisive to the consent of one of the parties.

Article 15: Applicable Law and Jurisdiction

These General Terms and Conditions, as well as the orders they govern, are subject to French law.

ANY DISPUTE RELATING TO THE FORMATION, INTERPRETATION, OR PERFORMANCE OF THESE GENERAL TERMS AND CONDITIONS, FAILING AN AMICABLE SETTLEMENT, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF AUCH (TRIBUNAL DE COMMERCE D'AUCH), NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, INCLUDING EMERGENCY, CONSERVATORY, SUMMARY, OR EX PARTE PROCEEDINGS.

(Clause valid between merchants within the meaning of Article 48 of the French Code of Civil Procedure: keep it in bold/capital letters in the final document to ensure its enforceability.)

Last updated: 10 September 2026