Pollen Robotics SAS
2 place Jean Jaurès
33000 Bordeaux, France
contact@pollen-robotics.com
- Purpose
These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply without limitation or reservation to any inquiry, request for quotation, order, provision, or delivery relating to the products (hereinafter referred to as the « Products« ) from the company Pollen Robotics SAS (hereinafter referred to as « Pollen Robotics« ). These General Terms and Conditions of Sale apply to the actual or potential customer interested in the Products (hereinafter referred to as the « Customer« ), including the individual or entity identified a Quotation or order for a Product.
These General Terms and Conditions of Sale constitute, together with the Quotation(s) from Pollen Robotics (taken as is, and excluding any annexes), an inseparable contractual whole (hereinafter referred to as the « Contract« ). In the event of contradiction, the provisions of the Pollen Robotics Quotation(s) will take precedence over these general conditions. In the event of a contradiction between different Quotations, the most recent document from Pollen Robotics will take precedence over older ones.
The Contract will take precedence over any other annex, general or specific terms and conditions. Any additional, alternative, or modified terms or conditions provided by Customer are expressly objected to and rejected by Pollen Robotics, unless expressly approved otherwise in writing by an authorized officer of Pollen Robotics. Unless contained in this Contract or other writing signed by an officer of Pollen Robotics, these terms and conditions shall solely control.
If Customer does not agree to these General Terms and Conditions of Sale do not request or accept a Quotation, order, or receipt of the Products.
- Ordering Products and acceptance of the General Terms and Conditions of Sale
The Products can be requested and ordered by email, telephone or post at the address indicated at the top of this document. Pollen Robotics reserves the right to reject any request or order.
Prior to any order for the provision of Products, the Customer must provide Pollen Robotics with all relevant or requested information and documents, which may include information relating to Customer’s identity and contemplated use and expectations of the Product, and Customer represents and warrants that all such information is true and complete to the best of Customer’s knowledge. Pollen Robotics may perform an analysis of the foregoing as well as a study of the Customer’s sector and its trends, but does not warrant or guarantee that the Products will be fit for Customer’s intended use or expectations. Based on this analysis, Pollen Robotics may then draw up one or more quotations (hereinafter referred to as the « Quotation(s) ») indicating the Products ordered.
The Quotation will indicate the price, the place of delivery and the foreseeable delivery times from the validation of the Quotation.
Unless otherwise stated, all Quotations issued by Pollen Robotics are valid for sixty (60) calendar days from the date of issue. If the Quotation is not validated by the Customer within this period, the Quotation will be considered null and void. Any Customer who wishes to order the Services must validate the corresponding Quotation within the above deadline, in writing, through any pertinent channels, and in particular by email. This validation can be followed if necessary by the issue of a purchase order by the Customer solely for Customer’s internal administrative purposes, such a purchase order and any related terms or conditions therein, however, are non-binding and have no force, effect, or impact on Pollen Robotics or the Contract as defined above.
Each express or implied validation of the Quotation implies full acceptance of these General Terms and Conditions of Sale in the version that was in effect on the date of the Quotation in question. Any qualified acceptance will be considered null and void. Any Customer who does not accept to be bound by these General Terms and Conditions of Sale must not request, order, or accept Products from Pollen Robotics, and must immediately reject delivery and return Products to Pollen Robotics.
Pollen Robotics reserves the right to modify these General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date the Quotation is sent to the Customer, as defined below.
Customer also acknowledges and agrees that any information (other than personal information subject to legal protections and restrictions) Customer provides Pollen Robotics relating to the Products, including potential use cases, requirements, expectations, or otherwise, may be the same or similar to what other customers provide Pollen Robotics, and considered and used freely by Pollen Robotics to improve or enhance the Products or develop new products, unless expressly agreed otherwise by Pollen Robotics in a separate written agreement.
- Prices and methods of payment
a. Prices
The sale prices of Products are indicated on the Quotation.
The price is expressed by default in euros. Depending on the Customer’s geographical area, the price may be displayed with or without taxes.
The price does not include transport, customs, tariffs, or other similar charges and insurance (hereinafter: « Delivery Charges »), which remain the responsibility of the Customer and may also be estimated or indicated in the Quotation. If Delivery Charges change during the period in which the Quotation is valid but the Products have not yet shipped, Pollen Robotics reserves the right to make adjustments and pass through such changes to Customer. Pollen Robotics also reserves the right, at its discretion and according to terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.
Pollen Robotics reserves the right to modify its prices at any time, and the Products will be invoiced on the basis of the taxes, tariffs, and other similar items in force at the time of the recording of the applicable order, subject to availability at this date and their effective payment.
Pollen Robotics can propose to its customers punctual promotions. The promotions are proposed on fixed dates and limited stocks.
The Products remain the sole and exclusive property of Pollen Robotics until the complete collection of the price by Pollen Robotics.
b. Terms of Payment
According to the terms of payment indicated on the Quotation, the Customer undertakes to pay for the order in two instalments: 50% when the order is placed and 50% once the Customer has received the Product. The first invoice is sent by e-mail. The invoice for the remainder of the balance is sent either by post with the Products delivered to the address Customer specified when ordering and mentions only the items delivered or by e-mail. If the delivery is made several times, Customer will have several invoices for the same order. The Customer must comply with applicable law and this Contract’s terms and methods of payment when sending Pollin Robitics the payment.
Unless otherwise stated, invoices are sent by email and are payable within 30 (thirty) days from the date of issuance of the invoice. Any delay in payment of all or part of a sum due on its due date shall automatically result, without prior formal notice: (i) in the forfeiture of the term of all sums owed by the Customer and their immediate due date, (ii) in the invoicing to the benefit of Pollen Robotics of late payment interest at the rate of 3 (three) times the French legal interest rate, based on the amount of all sums owed by the Buyer, in addition to a fixed indemnity of 40 (forty) € for collection costs (or such other amounts as permitted by applicable law).
c. Method of Payment
Payments are made exclusively by bank transfer to the account of Pollen Robotics, whose details are specified on the invoices. Customer is responsible for any banking, currency, other fees charged by its bank. Pollen Robotics reserves the right to modify the terms and methods of payment depending on the Customer.
- Delivery of Products
The corresponding Quotation will indicate the estimated and foreseeable delivery time for each order. The Customer expressly accepts that this period is only an indicative estimate and actual delivery may vary. Pollen Robotics’ responsibility cannot be engaged in case of late delivery compared to the announced period. The information given by the Customer at the time of order taking is binding on the Customer: in case of an error in the wording of the addressee’s details, Pollen Robotics cannot be held responsible for the impossibility of delivering the Product or for any additional delays caused. Pollen Robotics would then be entitled to require the payment of a sum corresponding to the expenses generated by a second expedition.
The Customer is also expressly informed and accepts the following:
(i) The Customer bears all risks relating to the delivery of the Products, including the risks relating to the loading of the Products by the carrier selected by Pollen Robotics. The Customer shall take out any insurance that may be necessary in this respect. This transfer of risks does not affect the transfer of ownership provided for in the article « Retention of ownership ».
(ii) It is the Customer’s responsibility to check the Products delivered upon receipt and to immediately notify the carrier of any reservations and claims, particularly in the event of damage to the Products.
(iii)Any complaint as to the conformity or quantity of the Products delivered must be sent to Pollen Robotics by e-mail or registered letter with acknowledgement of receipt within 15 (fifteen) calendar days following delivery. Failing this, it cannot be taken into account.
The Customer must imperatively date and sign the delivery receipt, on which he must also affix the Customer’s company stamp and the name of the signatory. In case of non-compliance with the above procedure, the Customer’s claims will be rejected.
In case of a damaged package or Product, the Customer must notify the carrier at the time of delivery by mentioning reserves or by refusing to accept the package or Product. The fact that the Customer does not make any reservations at the time of delivery relieves Pollen Robotics of any responsibility for the external condition of the Product or its packaging. Packaging costs are included in the Product prices.
By default and unless otherwise provided in Pollen Robitics Quotation, the INCOTERM chosen between Pollen Robotics and the Customer regarding the delivery is DAP.
- Retention of ownership
The Products shall remain the property of Pollen Robotics until the full price of the order (including delivery costs) has been paid in full by the Customer. In the event of non-payment on the due date of any sum due by the Customer, Pollen Robotics is entitled to take back the delivered Products immediately, and the Customer is obliged to return such Products on first demand to Pollen Robotics designated location.
- Obligations of the Customer
All orders placed with Pollen Robotics are intended for use solely by the Customer. To the maximum extent permitted by applicable law, Customer or recipients of the Products shall refrain from any partial or total resale of the Products, unless they have signed a distribution contract with Pollen Robotics.
Customer agrees, in their use of the Product, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party. To the maximum extent permitted by law, Customer is solely responsible for its specific use cases of the Products and decisions on whether and how to use the Products.
Customer acknowledges it is Customer’s duty to be aware of the Products and its characteristics. Customer is also responsible for maintenance and testing of the Products for Customer’s uses of the Products.
- Customers’ guarantee
Each Customer agrees to defend, indemnify and hold Pollen Robotics and its affiliates (each a « PR Indemnitee«) harmless from and against any claims, demands, actions and/or grievances whatsoever that any PR Indemnitee could incur as a result of a breach by the Customer of any one of its obligations, prohibitions, or guarantees under this Contract.
Customer agree to compensate PR Indemnitee for any prejudice that the latter could be subject to and to pay any costs, liabilities, charges and/or convictions that the latter could incur as a result of such a breach.
- Obligations and liability of Pollen robotics
Pollen Robotics undertakes to ensure that the Product delivered complies as closely as possible with Pollen Robotics’ description of the Product and the associated documentation, particularly in terms of technical specifications. The visuals displayed on these documents are not contractual.
Pollen Robotics cannot be held responsible for any failure or delay in the execution of the Contract or any Product due to force majeure or disruption or partial or total strikes of postal services, transport channels or communications.
Pollen Robotics cannot be held responsible for damages of any kind, whether material, immaterial or corporal, which could result from a malfunction or misuse of the Products marketed or otherwise provided under an order.
Pollen Robotics is not a party to the relationship between the Customer and its users or clients and shall in no event be liable for any difficulties arising from this relationship, nor be a party to any disputes whatsoever, guarantees, declarations and any other obligations whatsoever to which the Customer may be bound.
To the maximum extent permitted by law, the Products are provided by Pollen Robotics as is and without any guarantee of any kind, whether express or implicit. In particular, Pollen Robotics does not guarantee to Customer (i) that the Products, which are subject to ongoing research to improve their performance and progress, will be free of errors, defects or faults, (ii) that the Products, being standard and in no way proposed solely for the benefit of a given Customer according to Customer’s constraints, will specifically meet such needs and expectations.
The liability to be incurred by Pollen Robotics hereunder is expressly limited to the total amount of the Product price as indicated in the corresponding Quotation. In no event is Pollen Robotics or any PR Indemnitee responsible for any damage in excess of such price to maximum extent permitted by applicable law. Some jurisdictions may not permit the disclaimers or limitations of liability described above for certain types of customers or orders to certain locations, and then liability is limited to the maximum extent permitted by applicable law in that jurisdiction.
- Prohibited behaviour
It is strictly prohibited to use the Products to the following ends:
– Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
– Violating public order or any local policy or law,
– Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,
– Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
– And more generally, any action that uses the Products for any high-risk or dangerous application or purpose (e.g., medical care, handling sensitive materials) or any other purpose than that for which the Product were specifically designed.
Customers are strictly prohibited from copying and/or using for their purposes or those of a third party, the concept, technology or any other component of the Products.
- Intellectual Property
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, etc.) used by Pollen Robotics, as well as the Products, are protected by all intellectual property rights in force. Any dismantling, decompilation, reverse engineering (except to the extent this prohibition is not permitted by applicable law), deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any of these items without the authorisation of Pollen Robotics and the creators of the Products where appropriate, is strictly prohibited to the extent permitted by law and could be subject to prosecution.
Customer agrees that Pollen Robotics may freely use and exploit any feedback, suggestions, learnings, and know-how acquired by or provided to Pollen Robotics relating to the Products, including to improve the Products or develop new products to the maximum extent permitted by law.
- Modifications
These General Terms and Conditions of Sale may be modified at any moment or subject to supplemental terms for certain geographies or industries at Pollen Robotics’ discretion[S1] . In this case, the terms and conditions that will apply will be those in force on the date the Customer places their order.
- Force Majeure
Neither party may be held liable for a failure to perform its contractual obligations if this failure is due to an event beyond the Parties’ control and constitutes force majeure, as defined in Article 1218 of the French Civil Code.
By force majeure, the Parties agree in particular to understand the occurrence of an event with the characteristics of unpredictability and irresistibility usually recognised by French law and courts, as well as strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or default attributable to a third party telecommunications provider.
The prevented party shall inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties shall come together to determine the most appropriate means to alleviate, if possible, the consequences of the event(s) constituting force majeure.
If the case of force majeure lasts for more than 3 (three) months, each party may terminate the Agreement, ipso jure, without legal formality, without notice and the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.
If, as a result of a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain liable for the fulfilment of the obligations not affected by the case of force majeure as well as its payment obligations.
As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume the performance of the affected obligations within a reasonable time.
- Language
In the event of a translation of any portion of the Contract into one or more languages, the language of interpretation taking priority shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
- Law and Jurisdiction
This Contract is governed by French law.
In the event of a dispute concerning the validity, interpretation and/or application of the Contract, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
- Cancellation, Modification, Revocation
a. Cancellation before delivery
The Customer’s (or Customer representative’s) signature (whether electronic or otherwise) on the Quotation shall be deemed to be binding on the order. If Customer is a company or other organization, the signatory represents he or she has the authority to bind the Customer to this Contract. However, for any request to cancel or modify an order before it is shipped, please contact Pollen Robotics at +33 (0) 5 40 24 55 96.
b. Right of withdrawal
In accordance with the Consumer Code, the any Customer that is an individual has 14 days (from receipt of the articles, with tracking provided by the carrier as proof) to exercise his right of withdrawal without the need for justification. In the event of exchange or refund, it is advisable to return the new articles, intact and in their original packaging, accompanied by all possible accessories, instructions and documentation, to the following address: 2 place Jean Jaurès 33000 Bordeaux, France.
In case of exercise of the right of withdrawal, Pollen Robotics is obliged to reimburse the sums paid by the Customer. In the case where the Customer has chosen an express delivery method for the initial shipment of the Product(s), the reimbursement of the shipping costs will be limited to the amount of the least expensive shipping costs for the chosen delivery zone. The transport costs related to the return of the goods shall be borne by the Customer.
The refund is due within a maximum of 14 days following receipt of the items in the aforementioned condition. The refund is made via the same payment method used at the time of purchase. This right of withdrawal does not apply to Customers that are companies or organizations.
Orders by individual customers located outside of France may be subject to mandatory local consumer protection laws that provide such individuals certain rights relating to the topic described in this section. In that case, and only to the extent required by such local mandatory law, such customers will have such legal rights to return Products or cancel orders as required by such mandatory law.
- Limited Warranty and after-sales service
The Products delivered benefit from a guarantee period as indicated on the Quotation, starting from the delivery of the Product. Any proven defect in the use or handling of the Product will result in the cancellation of the guarantee. In case of malfunction(s) during such period, the Customer may request the exchange or replacement of the Product. However, Pollen Robotics is not obliged to replace the Product when repair is possible.
In the case of purchase of any Product, the Customer shall take particular care to check the correct operation of the delivered device and to read the documents provided relating to the Product. In addition, the Customer will be able to benefit from online assistance to characterise operating problems and possible solutions. It is the responsibility of the Customer and its end-user to make sure that the Products are used according to Pollen Robotics’ guidelines and good practices.
Pollen Robotics is liable for defects in conformity of the good sold under the conditions of articles L. 211-4 and following the Consumer Code and for hidden defects of the good under the conditions of articles 1641 and following the Civil Code.
EXCEPT AS EXPRESSLY PROVIDED IN THE CONTRACT AND TO THE EXTENT PERMITTED BY LAW, POLLEN ROBOTICS MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE OR DESIGN OR NON-INFRINGEMENT.
- Severability
If any provision of this Contract are held to be illegal, invalid or unenforceable, such provision shall be fully severable and the provisions of this Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part of it and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Contract. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
- Entry into Force
These Terms and Conditions of Sale become effective on the 13th of October 2025.