Terms of sale
Updated as of: May 19, 2025
The terms "We," "Our," and "Us" refer to Fluid Market SAS, a simplified joint-stock company, whose registered office is located at 26 rue du château Landon, 75010 PARIS and registered in the trade and companies register under number 932 563 471 (RCS PARIS) ("Fluid Market").
The terms "You," "Your," and "Buyer" refer to the buyer (excluding consumers and non-professionals within the meaning of the consumer code) who purchases products distributed under the Fluid Market brand (the "Products") from Us.
An "Order" means a purchase that you make from Us for Products.
These general terms and conditions of sale (the "General Terms") govern the conditions for concluding and executing the Order. They constitute the sole basis of the commercial relationship between the parties in accordance with articles L.441-1 and L.441-6 of the Commercial Code.
We and You are hereinafter collectively referred to as the "Parties" and individually referred to as a "Party."
These General Terms:
May be modified by Fluid Market particularly to adapt them to possible legal and/or regulatory changes;
Enter into force between the Parties upon acceptance of the Order in accordance with the provisions hereof and shall remain in force for the duration necessary to execute the obligations contracted by the Parties and until their termination, except for contrary provisions set forth herein and expressly accepted by the Buyer.
All notifications, requests, claims, demands and other communications under these General Terms and more specifically regarding the execution of the Order must be in writing and sent to Fluid Market at the address indicated in these General Terms. Any aforementioned notification shall, where applicable, take effect only upon receipt by Fluid Market.
Before placing an Order for Products, You are asked to carefully read these General Terms and accept them. You are also advised to print a copy and keep it. Any Order for Products therefore implies complete and unreserved acceptance of these General Terms.
The Buyer is informed that each of the Products may be protected by intellectual property rights of which We are the exclusive holders.
Consumers or End Users are defined as any natural or legal person who makes a purchase of Products for non-commercial or non-professional purposes.
1. Resale of Our Products
1.1 Authorized Sales Channels for Consumers You may sell our products directly to Consumers on your own website, provided that the domain name clearly identifies you as the seller of the Products within the meaning of the provisions of the Consumer Code.
You may also offer our Products in your physical retail stores, provided that the store name clearly identifies you as the seller of the Products within the meaning of the provisions of the Consumer Code.
It is understood that You must have previously informed Us of the exact location of your physical point of sale. Otherwise, We reserve the right to prohibit the marketing of our products through your intermediary.
1.2 Authorized Sales Channels for Professional Buyers By way of derogation from the aforementioned provisions, you may sell our Products on a project basis to professional entities such as architects, interior designers and project managers. Sales are also authorized to professional End Users such as hotels, restaurants and healthcare organizations, subject to guaranteeing the absence of resale of our Products by these establishments/organizations.
1.3 Unauthorized Sales Channels All sales not specified above are strictly prohibited. For example, you are prohibited from selling our Products on third-party online marketplaces or to companies that are not direct End Users.
Given the aforementioned provisions, We reserve the right not to follow up on Orders that do not comply with Our commercial policy, particularly Orders that are the subject of reports or suspicions of fraudulent or illegal activities.
2. Pricing
2.1 Resale Price Information Our price list includes recommended selling prices, which may be changed at our discretion.
2.2 Exclusions Prices do not include VAT, taxes or any other fees or charges, including delivery costs.
2.3 Product Sales Price Adjustments We reserve the right to adjust prices in response to changes in laws, regulations or other factors impacting our Product costs. Such changes will be communicated to you at least 14 days in advance.
In case of orders with staggered deliveries, Prices may be revised.
Prices are firm and non-revisable. They are not subject to discounts or additional rebates, except with the express agreement of Fluid Market to that effect.
We therefore thank you for checking the Final Price of your Order before any validation thereof.
3. Payment Terms
3.1 Invoice Details Payment details are provided on our invoice, which lists all fees due.
3.2 Payment Terms If you are a new customer, we will send you a pro forma invoice, which must be paid before delivery.
For existing customers, invoices are payable within 30 days of receipt of the related Order, unless otherwise agreed in writing.
In any case, the sale of Products is only complete after payment validation and receipt thereof by Fluid Market.
3.3 Payment Delays
By express agreement, failure to pay by the set due date will result in the immediate enforceability of all amounts due, regardless of the planned payment method. Fluid Market also reserves the right to suspend or cancel delivery of the current Order in case of non-compliance with payment conditions.
Finally, in case of late payment and payment of amounts due by the Buyer beyond the set deadline, late payment penalties equal to 3 times the legal interest rate, as well as a flat-rate compensation of 40 euros provided for in article L441-10 of the commercial code are due.
The automatic application of this flat-rate compensation does not prevent the application of additional compensation upon justification, in accordance with the aforementioned text, up to the entirety of the amounts that will have been incurred for the recovery of the debt, whatever its nature.
The Buyer will also be liable for a penalty clause equal to 15% of the unpaid amounts.
Late payments will incur interest of 1.5% per month of the total Order Price.
3.4 Advance Payment Requirement We reserve the right to require advance payment for an Order and may suspend its processing until payment is received.
3.5 Transfer of Ownership Ownership of the Products remains the property of Fluid Market until full payment of the Order has been made and the related Price has been received by Fluid Market. However, all risks of loss or damage to the Products as well as damage they could cause are borne by the Buyer from delivery.
4. Orders
4.1 Validity of Quotes and Pro Forma Quotes and pro forma invoices are valid for 30 business days from their date of issue.
4.2 How to Place Orders Orders can only be placed through our sales representatives, where applicable, or via our B2B portal (https://pro.fluidmarket.fr) and must be confirmed by us in writing to be considered validated.
4.3 Order Verification It is your responsibility to verify the Order confirmation, its compliance with the desired Products, and to notify us of any discrepancy within 48 hours of receiving the Order validation.
The Buyer is solely responsible for the accuracy and completeness of the information stated when placing the Order. In case of error relating to information communicated to Fluid Market, all resulting costs and particularly return/re-shipping costs will be exclusively borne by the Buyer.
4.4 Pro Forma Products appearing on pro forma invoices are not reserved; only receipt of full payment of the Order Price confirms the reservation of Products in the event that payment of the Price is requested by Fluid Market before delivery of the Products.
4.5 Availability Product offers are understood within the limits of available stock. No claim may be addressed to this effect by the Buyer. In case of Product unavailability after Order validation, the Buyer will be informed as soon as possible.
In case of prior collection of the Price related to the Order, the Buyer may request reimbursement of this overpaid amount. Reimbursement will occur within 21 days following the cancellation of the Order.
5. Order Cancellations & Returns
5.1 Cancellation of Standard Product Orders (within 48 hours) Cancellations made within 48 hours of receiving the Order confirmation for standard products will not be subject to cancellation fees. In the event that the Order Price would have been collected, it will be fully refunded within 30 days following receipt of the Order cancellation request.
"Standard Products" means items from our standard collection.
5.2 Cancellation of Standard Product Orders (after 48 hours) Cancellations made after 48 hours of order confirmation will incur cancellation fees of 20% of the Order amount, plus non-recoverable third-party costs (including particularly delivery costs).
Thus, return costs are borne by the Buyer. Products, if already received by the Buyer, must be returned to Fluid Market within 14 days following Order cancellation.
In the event that the Order Price would have been collected, it will be partially refunded at 80% within 30 days following receipt of the Order cancellation request.
In the event that the Price would not have been collected, the Buyer undertakes to pay the amount equivalent to 20% of the Order Price to Fluid Market within 7 days following Order cancellation.
In case of non-payment of this amount, Fluid Market reserves the right not to follow up on future orders from the Buyer in question.
5.3 Cancellation of Customized Product Orders Orders for customized Products cannot be canceled without incurring cancellation fees of 100% of the Order amount, plus all associated third-party costs.
Customized Products means any item manufactured or modified according to your specifications or any Product marketed by Fluid Market as part of a special and one-time operation.
In case of non-payment of this amount, Fluid Market reserves the right not to follow up on future orders from the Buyer in question.
5.4 Non-Collection of Orders If we agree that You will come to collect the Order, but it remains uncollected for more than 30 days after We have informed you of its availability, the Order will be considered canceled.
In this case, you will have to pay cancellation fees equivalent to 100% of the Order amount, plus third-party costs. If the Price has already been paid to Fluid Market, it is acknowledged by the Buyer that it will not be refunded.
5.5 Product Returns All products received by you are neither returnable nor refundable.
It is acknowledged by the Buyer that the latter, in their capacity as Professional Buyer operating in the decoration sector, does not benefit from a withdrawal period.
6. Defective Products and Credits
The essential characteristics of Products are presented on our website on each Product page. The images and colors of Products sold by Fluid Market could however not correspond to the actual colors under the effect, particularly, of the internet browser and screen used. This is expressly acknowledged by the Buyer who agrees to waive any claim in this regard.
Fluid Market guarantees that its Products comply with the specifications and quality standards in force. However, it is up to the Buyer to verify the conformity of Products upon their receipt and before any use or Resale.
Thus, the Buyer waives any claim relating to Product conformity subsequent to receipt of Products, provided that no reservation has been made within three days following receipt, by registered mail to Fluid Market.
In case of proven defect not conforming to the essential characteristics of a Product, our responsibility is limited exclusively to replacement of the defective Product or issuance of a credit, subject to application of article 6.1 of these General Terms.
No refund or compensation will be granted for indirect, incidental or consequential damages, including but not limited to: financial losses, material damage (e.g.: furniture, floors, textiles) or immaterial damage resulting from product use.
The Buyer assumes full responsibility for information and advice to their own end customers. It is their responsibility to ensure that Products are used in accordance with their intended purpose.
Any claim for hidden defect must be addressed in writing within a maximum period of 15 days after receipt of goods. After this period, no request can be taken into account. Any claim for hidden defects must also be addressed by registered mail to Fluid Market.
6.1 Management of Defective Items
For any defective Product, it is imperative to provide Us with a clear photo for each Product concerned, as well as a detailed description of the problem in writing in the email accompanying the Product photo.
After studying the photos:
If the Product has a small stain, air bubble, or slight printing defect, a credit of 30% of the Product's purchase price may be issued at Fluid Market's discretion.
If the Product is broken, if its primary utility is compromised for any reason, or if the printing is severely damaged, a complete Product credit will be granted to the Buyer within the limit of the Product's purchase price.
We reserve the right to evaluate defects based on transmitted photos before issuing any credit. We also reserve the right to ask You to return the Products. In this case, credit will be issued after receipt of products.
We do not proceed with any replacement of defective Products. The Buyer thus waives any claim for replacement of defective Products. More particularly, the Buyer acknowledges that the Defective Product may be out of stock and that it will be exclusively up to Fluid Market to decide to restock the concerned Products, if applicable.
6.2 Use of Credits
Credits issued are usable exclusively for deductions on your next invoices. No cash refund will be made for these credits. Credits are issued personally and cannot be assigned/transferred.
Credits issued have a validity period of twelve months.
7. Delivery
7.1 Standard Delivery Conditions Unless otherwise agreed, deliveries will be made according to the following terms: The shipping location will be chosen by us.
Delivery locations must be a store/shop or warehouse. Deliveries will be made on business days (excluding weekends and holidays), and as far as possible during business hours. Delivery times are approximate. Fluid Market cannot be held responsible for any delivery delay for which it is not responsible. No Order cancellation may be requested on this basis.
More particularly, any delivery may occur outside the days and hours of operation of the Buyer's shop. In this regard, no claim may be addressed to Fluid Market.
The Buyer acknowledges that it is up to the carrier to make the Delivery, Fluid Market being deemed to have fulfilled its delivery obligation as soon as it has delivered the Products to the carrier and they have been accepted without reservation.
7.2 Collection Conditions If you opt for Order collection, conditions include: Delivery is Ex Works (Incoterms 2020). The collection location is designated by us.
Collection must take place within 10 business days following Order availability; otherwise, storage fees of €50 per week will be charged until collection or Order cancellation.
7.3 Delivery Requirements You must provide all details necessary for delivery (for example, vehicle size restrictions, equipment available for unloading, opening hours). If the order cannot be delivered due to insufficient information, additional fees may apply. In this case, we also reserve the right to cancel the Order while retaining the entire Price related to the Order, which You acknowledge by these General Terms.
Delivery Costs may vary with regard to chosen deadlines and the location where the Buyer is situated.
8. Non-Conformity Report
You must report any problem within the aforementioned deadlines following receipt of the Order. If reported within these deadlines and confirmed by us, we may either replace the Product or issue a credit.
Upon expiration of the aforementioned deadlines, no credit may be granted.
9. Limitation of Liability
9.1 Limited Liability Our liability is limited to legal obligations, all other liability being excluded. In any case, only damage directly suffered by the Buyer may be the subject of a claim under this article.
Fluid Market's liability is limited to the value of the Order in question, subject to receipt of the Price related to the Order by Fluid Market. This limitation applies to the fullest extent permitted by law. The Buyer already agrees to release Fluid Market from any liability when its liability would amount to an amount greater than that mentioned above.
It is understood between the Parties that Fluid Market cannot in any case be held responsible, neither jointly nor severally, for damage suffered by third parties due to use or faulty handling of Products, subsequent to delivery of Products to the Buyer.
9.2 Expiration of Claims Warranty claims are subject to article 6 while other claims must be made within 12 months following the event in question.
9.3 Fluid Market cannot be held responsible for any difficulty accessing its website, any disruption or interruption during or after connection to said site and any possible consequences related to its use.
9.3 Force Majeure
Fluid Market cannot be held responsible for any breach or delay in performing any of its obligations under the General Terms that would be caused by event(s) beyond its reasonable control ("Force Majeure Events").
A Force Majeure Event includes in addition to any act falling under the definition of force majeure within the meaning of the French civil code and applicable jurisprudence, any act, event, non-occurrence, omission or accident beyond reasonable control of Fluid Market and includes, in particular (without limitation), the following:
Strikes, lockouts or other union actions; and/or
Riots, invasions, civil unrest, terrorist attacks or threats of terrorist attacks, wars (declared or not), threats of war or war preparations; and/or
Epidemics, pandemics, quarantine measures;
Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters; and/or
Impossibility of using railways, navigation, air transport, motor transport or other means of public or private transport; and/or
Impossibility of using public or private telecommunications networks;
Measures taken by governmental, prefectural, local or jurisdictional authorities prohibiting and/or suspending directly and/or indirectly the execution of the Order, particularly by restricting freedom of movement;
Fluid Market's obligations under the General Terms and Order execution are suspended for the period during which the Force Majeure Event continues, and Fluid Market will extend the deadline for performing its obligations for the entire duration of this extension period.
However, in cases where amounts would be due under the Order, the Buyer undertakes to pay them to Fluid Market regardless of the occurrence of the Force Majeure Event and the suspension of Fluid Market's obligation execution regarding Order execution and delivery due particularly and in a non-limiting manner to possible costs/expenses incurred by Fluid Market.
If we are unable to fulfill our obligations due to a Force Majeure Event for more than 14 days, We reserve the right to terminate the Order and thus not deliver the Ordered Products.
10. Miscellaneous
10.1 Contact Information All correspondence must be made in writing.
Our contact details are as follows:
Fluid Market SAS
26 rue du Château Landon
75010 Paris
France
Registration number / Siret: 93256347100014
VAT number: FR32932563471
EORI number: FR93265347100014
Email: hello@fluidmarket.fr
10.2 Applicability These general terms govern all agreements and orders with us. We expressly reject any general terms that you might provide.
10.3 Fluid Market will comply in the context of Order execution with the data protection principles provided for by the general data protection regulation (GDPR).
10.4 If any of the stipulations of the General Terms should be declared null or invalidated by application of a legal or regulatory provision or following a final decision of a competent court, it would be deemed unwritten.
This nullity or invalidation would not result in that of other provisions which will remain in force between the Parties. The fact that Fluid Market does not invoke a breach by the Buyer of any of their contractual obligations or any of the stipulations of the General Terms, cannot be interpreted as a waiver to invoke it.
10.5 General Terms Updates We reserve the right to update these terms, with modifications being effective upon publication. In case of modification due to legal/regulatory evolution, these General Terms will enter into force upon their publication.
10.6 Providing Accurate Information You are responsible for providing complete and accurate information necessary for the execution of our obligations.
10.7 Intellectual Property Rights All intellectual and industrial property rights remain our property or that of our licensors. The conclusion of the Order and acceptance of these General Terms cannot in any case be interpreted as an assignment of Intellectual Property rights held by FLUID MARKET, and particularly on its trademarks and Products.
Thus any communication by the Buyer about the Products must be subject to a prior authorization request from Fluid Market.
In case of obtaining authorization from Us to communicate about the Products, the Buyer undertakes by these General Terms not to harm Fluid Market's brand image, not to denigrate Fluid Market, its Products or to harm the honor of its legal representatives.
10.8 Applicable Law and Jurisdiction French law exclusively governs these General Terms and more particularly the conclusion and execution of the Order.
In the absence of amicable resolution or mediation, disputes must be resolved before the competent court in Paris, France, unless We choose to bring action in the jurisdiction of Your registered office.
