GENERAL TERMS AND CONDITIONS OF SALE APPLICABLE TO CONSUMERS

1. General provisions

Company Overview 929. Company 929 is a simplified joint-stock company registered in the Trade and Companies Register of VILLEFRANCHE-TARARE under number 819 808 718 with a capital of € 11,230 and having its registered office located at 407 rue Peignaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT.

Its intra-community VAT number is FR90 819 808 718. 

The company 929 operates, under the brand POLOCHON & CIE of which it is the owner, an activity of sale of textile products and furniture among which portable nomadic flashlights with removable lampshade, intended for children.

The company can be reached by phone at 06 60 25 32 96 during the opening hours of its establishment and by email at the address contact@maison-polochon.fr.

Enforceability of the general conditions of sale online. These general terms and conditions are only intended to govern online sales between 929 and its consumer customers, excluding professional customers. 

Any product order implies the unreserved acceptance, by the customer, of these general conditions of sale available on the website of the company 929.

This acceptance will take place via a click, during the validation of the order.

The customer acknowledges having read and understood them and accepts them without reservation. 

These conditions prevail over any other document, publication or communication, correspondence, emails or old general conditions of sale, or commitment of the company 929 and may not be the subject of any reservation or modification.

Written and unilateral modifications by the customer are not enforceable against the company 929.

The customer is informed that the company 929 reserves the right to modify these general conditions at any time in order to bring them into compliance with the new requirements resulting from the development of its activity, the evolution of the equipment or the new legal provisions. In this case, the new general conditions will be applicable for any new order, any previous order remaining governed by the conditions in force at the time of the subscription of the contract, with the exception of the provisions of public order applicable to current contracts.

2. Formation of the contract

Produce. The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the website.

The customer is required to refer to the description of each product in order to know the properties, the essential particularities and the delivery times.

The photographs of the products of the company 929 appearing on its website or on its commercial catalog are illustrative, non-contractual and do not bind the company 929.

Rates and payment term. The products offered by the company 929 are provided at the rates in force as mentioned on its website, on the day of the order. In case of request for a quote, these rates are firm and not revisable during their period of validity, that is to say in the month following the issuance of the quote. The prices are expressed in Euros, HT and TTC and take into account the taxes applicable on the date of issue of the invoice.

The rates indicated do not include the transport and shipping costs that will be borne by the customer. 

All orders are payable in cash.

Validation of the order. The customer has the possibility to check the details of his order, its total price, the method of delivery, and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to report or rectify any errors immediately.

The contract will only be formed after validation by the customer of the summary of his order and acceptance of these general conditions of sale by ticking the box provided for this purpose. 

After validating the order and proceeding to payment, the customer will receive a summary document in accordance with the provisions of Articles L.111-1 and L.221-5 of the Consumer Code and mentioning:

- these general conditions of sale;

- the essential characteristics of the property sold;

- the price of the property sold;

- the date and method of delivery;

- information relating to the identity of the company 929, its postal, telephone and electronic contact details.

An invoice referring to these general conditions will then be drawn up and sent to the customer by the company 929, from the delivery.

From the date of payment, the contract will be formed, definitively and irrevocably, except for the consumer customer to make use of his right of withdrawal in accordance with the provisions recalled below.


3. Transport and delivery of products

Delivery times. The delivery times and place are those mentioned on the invoice, in accordance with the choices made by the customer when placing the order. The product will be transported under the conditions chosen by the customer, among those proposed by the company 929.

The transfer of the risks of the thing sold to the customer takes place as soon as the order is delivered, at his home or at any other place agreed according to the delivery method adopted.

In any case, the customer may not make any complaint for the delay in delivery, provided that the delivery does not exceed a period of 30 working days following the confirmation by him of the order. After this period, the customer may request the termination of the contract by sending an email or letter with acknowledgment of receipt to the company 929, to the email and postal addresses mentioned at the top of these general conditions.

This resolution will only be final provided that the company 929 has not been able to deliver the order within 7 days of receipt of said mail. In the event that the contract is terminated pursuant to the foregoing provisions, company 929 will reimburse the customer for all sums paid by him, at the latest within 14 days of the effective date of termination of the contract.

Reception and reservations. Upon receipt of his order, the customer is obliged to immediately check the quantity, conformity and condition of the products delivered and received.

If the customer wishes to express reservations related to the condition of the package, he must immediately notify the carrier on the receipt slip.

Thus, in the event that the package is damaged, the customer must imperatively have mentioned it to the carrier in the form of reservations and ensure that the latter will have registered it on the delivery note, in order to allow the company 929 to make its appeal against the carrier, in case of non-conformity resulting from the transport.

In the absence of a reservation, the package will be deemed to have been delivered in good condition.

Conformity of the property. From the delivery of the order and after having opened it, the customer will have a period of 2 working days to assert, by email, the existence of a possible non-conformity with his order by producing any supporting document.

Once this period has passed, the order will be deemed compliant and the customer will no longer be able to plead non-compliance.

In the event that the order is not compliant, the company 929 will take care of the return of the products and will proceed to the exchange at no cost to the customer.


4. Right of withdrawal

The consumer customer is informed that in accordance with the provisions provided for in Article L.221-18 of the Consumer Code, he has a period of fourteen days to exercise his right of withdrawal, without having to justify his decision or to bear any costs other than those related to the return of the goods.

This right of withdrawal is not applicable to goods made to the customer's specifications or clearly personalized.

The customer must exercise his right of withdrawal via the standard form downloadable from his customer area and which he must send to the company 929.

The period for exercising the right of withdrawal runs from the receipt of the good by the customer.

In the event of an order containing several batches not delivered concomitantly, the period runs from the delivery of the last order. 

The return must take place in a condition identical to that of the order and by means of packaging identical to that used during shipment, in order, if necessary, to allow the remarketing of the product.

In the event that the product is damaged on its return, the company 929 may refuse the resumption of the order and the refund induced.

Returns must be accompanied by a copy of the original invoice or delivery note.

Provided that the customer has made correct use of his right of withdrawal and that the products have not been damaged, the company 929, will reimburse him all the sums paid less the costs related to the return of the product ordered.

This refund will be made at most within fourteen days of the date of receipt of the order. 

5. Legal guarantees

In the event that the customer considers the good not to be in conformity with the contract, the latter may invoke the legal guarantee of conformity provided for in Articles L.217-4 and following of the Consumer Code.

In accordance with Article L.217-5 of the Consumer Code, the good is deemed to comply with the contract:

(1) If it is fit for the use usually expected of similar property and, where applicable,

- if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L.217-7 specifies that:

'Lack of conformity which appears within twenty-four months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise.'

The customer must make the reasoned request directly to the company 929, by means of a registered letter or email, to the addresses indicated on these general conditions.

This request must be motivated, supported by supporting elements and made within a maximum period of one month from the knowledge of the defect or defect. The date to be taken into account will be that of sending the mail. After this period, no lack of conformity or defect can be invoked, the customer being deemed to have refused to avail himself of it. 

In case of lack of conformity, the customer will have to choose between the repair and replacement of the ordered good.

The repair or replacement must take place at no cost to the customer, within 30 days of receipt of the letter sent by the customer.

However, the company 929 may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate to the other modality, given the value of the good or the importance of the defect. 

Unless the lack of conformity is minor, if the repair and replacement of the good are impossible or can not be implemented within one month of the customer's claim, the latter may return the good and have the price refunded.

It may also be proposed to the customer to keep the property and have part of the price returned, the amount of which must then have been determined jointly with the company 929.

The liability of the company 929 will in any case be limited to the implementation of the legal guarantee of conformity so that the customer can not claim any damages arising from a defect or non-conformity of the product, or claim the allocation of compensation whatsoever in particular for direct or indirect damages, material or immaterial, consecutive or not.

In accordance with the legal provisions, the customer is also informed of the possibility of implementing, as far as possible, the legal guarantee known as hidden defects provided for in Article 1641 of the Civil Code, which provides that "the seller is bound by the guarantee for hidden defects in the thing sold that make it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »

Like the legal guarantee, this request must be motivated, supported by supporting elements and made within a maximum period of one month from the knowledge of the defect or defect. The date to be taken into account will be that of sending the mail. After this period, no lack of conformity or defect can be invoked, the customer being deemed to have refused to avail himself of it. 


6. Liability of the company 929

Deterioration and use of the property. Under no circumstances does the company 929 guarantee the deterioration resulting from an erroneous use, a lack of maintenance or a use of the product not in accordance with its intended purpose. 

In the same way, defects and deterioration of products resulting from non-compliance with the assembly, use and maintenance instructions given by the company 929, or abnormal conditions of storage and / or conservation by the customer, can not give right to warranty. 

The company 929 also does not guarantee the deterioration resulting from an accident, a shock, a fall, negligence, a lack of supervision or maintenance or the normal wear and tear of the product.

The company 929 can not be held responsible for any damage that would result from the inability of the equipment delivered to satisfy a use, a gain or a function specially sought by the customer and not specified in the contractual field. 

Company 929 does not provide any guarantee with regard to the ability of the equipment to achieve one or more objectives that the customer had set for himself since these objectives have not been expressly accepted and have not been mentioned by company 929.  

Online sales site. The responsibility of the company 929 can not be engaged because of a misuse of the site of sale online by the customer.

The company 929 can not be held responsible for disturbances, cuts and anomalies that are not of its own making and that would affect transmissions by the Internet and more generally by the communication network and this regardless of the importance of the duration.

Transport. In the event of a dispute arising from the performance of the contract of carriage, company 929 shall not bear any liability, the latter being the responsibility of the carrier.

In the event that the carrier's liability is proven, it will take the necessary steps to ensure that either the replacement of the marketed product or compensation to the customer is carried out. 

The customer must have reported reservations to the carrier and have ensured that they are taken into account by the latter.

Otherwise, no liability for improper performance of the contract of carriage can be sought against the carrier or the company 929.

7. Force majeure

In the presence of a case of force majeure and in accordance with the provisions of Article 1218 of the Civil Code, the party noting the event must without delay inform the other party of its impossibility to perform its service and justify it to the latter. 

The suspension of obligations can in no way be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Therefore, as soon as the cause of the suspension of their reciprocal obligations has disappeared, the parties will make every effort to resume as soon as possible the normal performance of their contractual obligations. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act.

If the impediment is final, the contract will be terminated. 

8. Intellectual propertyAll texts, images, designs and models reproduced on the site of the company 929 or on the products sold by it, are protected by intellectual property law. Copying or downloading, of all or part of this content for any use other than private, is prohibited. Any use that does not comply with or breaches of these provisions constitutes counterfeiting and is subject to sanctions under intellectual property law.

9. Personal data

The customer's personal data is processed by the company 929.

The processing of personal data may result in particular:

- navigation on the market-place website; 

- the creation of a customer account; 

- a purchase and payment made on the site; 

- the use of dedicated e-mail;

In application of the law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the customer are necessary for the processing of his order and the establishment of invoices.

This data may be communicated to any partners of the service provider responsible for the execution, processing, management and payment of orders.

The customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to the information concerning him.

The customer will not be able to use the personal data of the customers for canvassing, and other treatments.

This right can be exercised under the conditions and according to the terms defined on the website and according to the general conditions of use of this site. 

The customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and justifying his identity.

The issue of the processing of personal data is set out in more detail in the dedicated part of the website of the company 929 and more particularly in its conditions of use of its website.


10. Litigation and Mediation

At any time, the customer will have the possibility to contact the company 929 at the addresses indicated above, in order to send him any request or complaint relating to the products ordered and in particular to assert his guarantees or his right of withdrawal, or even to request additional information.

In accordance with the legal provisions and more particularly the ordinance of 20 August 2015 2015-2033 on the out-of-court settlement of consumer disputes, the customer has the right to use the service of a consumer mediator free of charge if a dispute related to consumption could not be settled amicably with a professional. 

In the event of a dispute, each party may have recourse to conventional mediation, in particular with the Consumer Mediation Commission (art. L.612-1 of the Consumer Code) or with existing sectoral mediation bodies, or any alternative dispute resolution method.

In this case, the provisions laid down in the Articles shall be applied. 

L.611-1 et seq. of the Consumer Code.

In the event of a dispute, the competent court will be that of the place of the customer's main domicile. 

WITHDRAWAL FORM

(Please complete and return this form by registered mail only if you wish to withdraw from the contract and subject to compliance with the deadline and contractual conditions)

For the attention of company 929, a simplified joint-stock company with a single shareholder registered in the Trade and Companies Register of VILLEFRANCHE-TARARE under number 819 808 718 with a capital of € 10,000 and having its registered office located at 407 rue Peignaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT.

I/we hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:

Ordered on: __________;_

Order and invoice number: __

Name of consumer(s): __

Address of consumer(s):_               

Date: _____________

 

Signature: 

(*) Cross out the unnecessary mention.

GENERAL CONDITIONS OF SALE APPLICABLE TO PROFESSIONALS


1. General provisions

Company Overview 929. Company 929 is a simplified joint-stock company registered in the Trade and Companies Register of VILLEFRANCHE-TARARE under number 819 808 718 with a capital of € 11,230 and having its registered office located at 407 rue Peignaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT.

Its intra-community VAT number is FR90 819 808 718. 

The company 929 operates, under the brand POLOCHON & CIE of which it is the owner, an activity of sale of textile products and furniture among which portable nomadic flashlights with removable lampshade, intended for children.

The company can be reached by phone at 06 60 25 32 96 during the opening hours of its establishment and by email at the address vente@maison-polochon.fr.

Enforceability of the general conditions of sale online. These general terms and conditions are only intended to govern sales between the company 929 and its professional customers to the exclusion of consumers.

Any product order implies the unreserved acceptance, by the customer, of these general conditions of sale available on the website of the company 929.

The customer acknowledges having read and understood them and accepts them without reservation. 

These conditions prevail over any other document, publication or communication, correspondence, emails or old general conditions of sale, or commitment of the company 929 and may not be the subject of any reservation or modification.

In accordance with the provisions of Article L.441-1 of the French Commercial Code, these general conditions of sale constitute the sole basis of commercial negotiation and prevail over the customer's general conditions of purchase.

Written and unilateral modifications of the customer are not enforceable against the company 929 without the written agreement of the legal representative of the company 929.

The customer is informed that the company 929 reserves the right to modify these general conditions at any time in order to bring them into compliance with the new requirements resulting from the development of its activity, the evolution of the equipment or the new legal provisions. In this case, the new general conditions will be applicable for any new order, any previous order remaining governed by the conditions in force at the time of the subscription of the contract, with the exception of the provisions of public order applicable to current contracts.

2. Formation of the contract

Produce. The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the website or on the catalog of the company 929.

The customer is required to refer to the description of each product in order to know its properties and essential particularities.

The photographs of the products of the company 929 appearing on its website or on its commercial catalog are illustrative, non-contractual and do not bind the company 929.

Rates and deadline. The products offered by the company 929 are provided at the rates in force as mentioned on its website or on its catalog, on the day of the order. 

In case of request for a quote, these rates are firm and not revisable during their period of validity, that is to say in the month following the issuance of the quote. The prices are expressed in Euros, HT and TTC and take into account the taxes applicable on the date of issue of the invoice.

The rates indicated do not include the transport and shipping costs which are charged to the customer as soon as the order does not exceed 418 € HT.

Validation of the order. The sales contract is formed in view of: (i) a purchase order sent by the buyer specifying the references of the desired products, their quantity and the desired delivery date, (ii) the issuance by the company 929 of a notice of order confirmation in the form of a quote, with, if necessary, mention of the deposit to be paid beforehand.

When a deposit has been requested by the company 929, the contract is formed under the resolutory condition of the actual payment of the deposit and / or the establishment of payment guarantees by the buyer. 

Orders are irrevocable and cannot be modified by the buyer after their acceptance by the company 929, except with the written agreement of the latter and possible adjustment of the financial and delivery conditions.

In case of cancellation of the order, the company 929 will invoice all the products manufactured on the day of the cancellation, and will retain, as compensation, the ownership of said products. 

If the parts cannot be resold because of their specificity, the company 929 will add a penalty corresponding to 30% of the amount of the cancelled order.

Invoices and payment. Invoices for the products ordered are drawn up on the date of delivery, without prejudice to pro-forma invoices. They are sent by any means, including electronic, to the buyer.

All orders are payable within thirty days from the date of issue of the invoice. 

The actual collection on this due date is the only one considered as full and regular payment. Full payment of the price entails transfer of ownership of the delivered products to the buyer.

However, even before the transfer of ownership, in the normal course of its business, the buyer is authorized to sell the delivered products. Such a resale entails forfeiture of the payment term and obliges the customer to pay the invoice without delay.


3. Retention of title clause and transfer of risk

The sale is deemed final under the resolutory condition of payment of the full price.

Thus, the transfer of ownership of the products sold by the company 929 is suspended until full payment by the buyer of the invoiced price. 

However, the transfer of risk takes place, at the expense of the buyer, upon delivery, as specified above.

The buyer thus undertakes to insure the delivered products against all risks, with delegation of compensation to the company 929, until the date of transfer of ownership, and to justify it on first request.


4. Failure to pay

Any failure to pay, total or partial, on the due date, gives rise, ipso jure and without formality, to the payment by the buyer of a late payment increase equal to ten times the legal interest rate and an indemnity for recovery costs of € 40, without prejudice to additional damages. 

In the event that the company 929 is not paid at the end of a period of fifteen days following the receipt by the buyer of a formal notice to pay, the deposits paid will remain acquired to him as a penalty clause and the company 929 will request in addition, the payment of all its invoices, without deduction of the deposits paid and increased by the applicable penalty rate.

In the event that no deposit has been requested, the company 929 will request, within the same period and in addition to the amount of its invoice, a fixed compensation corresponding to 30% of the amount of the order. 

Upon receipt by the buyer of the formal notice mentioned in the preceding paragraphs, the company 929 may suspend and / or cancel orders in progress, even accepted, and not to register a new order. 

The company 929 may also exercise its action in retention of title on the goods delivered.


5. Transport and delivery of products

Delivery times. The delivery times and place are those mentioned on the invoice, in accordance with the choices made by the buyer when placing the order. 

Deliveries are made to the place agreed in the acceptance of the order and the buyer undertakes to implement all the means necessary to take delivery.

The delivery time is given for informational and indicative purposes, with tolerances in accordance with professional practices, except in cases of force majeure or circumstances beyond the control of the company 929.

Any delays may not give rise to any penalty or compensation for the benefit of the customer. They can not lead to the termination of the sale, except force majeure, derogatory agreement or serious breach of the company 929.

Unless otherwise indicated by the company 929, the transfer of risks to the buyer takes place as soon as the order is handed over to the carrier.

Reception and reservations. Upon receipt of his order, the buyer is obliged to immediately check the quantity, conformity and condition of the products delivered and received.

If the buyer wishes to express reservations related to the condition of the package, he must immediately notify the carrier on the receipt and do his business with the latter.

In the absence of a reservation, the package will be deemed to have been delivered in good condition.

Conformity of the property. From the delivery of the order and after having opened it, the buyer will have a period of three working days to assert by email, the existence of a possible non-conformity with his order by producing any necessary supporting document.

Once this period has been placed, the order will be deemed compliant and the buyer will no longer be able to plead non-conformity.

In the event that the order is not compliant, the company 929 will take care of the return of the products that it recognizes as non-compliant and will proceed to the exchange at no cost to the customer, who will not be able to claim compensation, penalties or damages or request the termination of the sales contract.

6. Liability and guarantees of the company 929

Except in cases of force majeure and subject to full payment of the price, the company 929 guarantees the buyer in accordance with the legal provisions and without additional payment, against any non-conformity notified within three days of receipt of the product, or against any hidden defect resulting from a defect in the design or realization of the products ordered.

In the case of a hidden defect, the buyer must notify the company 929 within fifteen days from the date on which he became aware of it.

This notification must take place by registered mail. 

The date to be taken into account will be that of the issuance of the registered mail and not that of its receipt. If the deadline expires on a Saturday or a holiday not worked, it will be postponed to the next working day

In the absence of information within this period, the responsibility of the company 929 can no longer be sought for the existence of a hidden defect and the buyer irrevocably undertakes to guarantee the company 929 of any condemnation that could be charged to him for the benefit of the end customer.

The guarantee due for hidden defects that do not make the product unfit for its intended purpose is limited to the first six months of use, the first use being deemed to occur no later than fifteen days after delivery of the product by the buyer to the final customer.

In any case, the company 929 is only required to replace free of charge the products or parts recognized as defective or defective, the buyer can not claim the award of any compensation or other damages whether for direct or indirect damages, material or immaterial, consecutive or not.

Under no circumstances does the company 929 guarantee the deterioration resulting from an erroneous use or a lack of maintenance or a use of the product not in accordance with its intended purpose. 

Defects and deterioration of products resulting from non-compliance with the instructions for assembly, use, care and maintenance given by the company 929, or abnormal conditions of storage and / or conservation by the buyer, or his own customers, can not give right to warranty. 

The warranty is purely and simply excluded in the event of intervention by a third party on the parts supplied as well as in the event of vandalism and malicious acts or non-compliant use.

The company 929 can not be held responsible for any damage that would result from the inability of the equipment delivered to satisfy a use, a gain or a function specially sought by the customer and not specified in the contractual field. 


7. Force majeure

In the presence of a case of force majeure and in accordance with the provisions of Article 1218 of the Civil Code, the party noting the event must without delay inform the other party of its impossibility to perform its service and justify it to the latter. 

The suspension of obligations can in no way be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Therefore, as soon as the cause of the suspension of their reciprocal obligations has disappeared, the parties will make every effort to resume as soon as possible the normal performance of their contractual obligations. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act.

If the impediment is final, the contract will be terminated. 

8. Intellectual property

All texts, images, designs and models reproduced on the site of the company 929 or on the products sold by it, are protected by intellectual property law. Copying or downloading, of all or part of this content for any use other than private or authorized, is prohibited. Any use that does not comply with or breaches of these provisions constitutes counterfeiting and is subject to sanctions under intellectual property law.

9. Personal data

The customer's personal data is processed by the company 929.

The processing of personal data may result in particular:

- navigation on the market-place website; 

- the creation of a customer account; 

- a purchase and payment made on the site; 

- the use of dedicated e-mail;

In application of the law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the customer are necessary for the processing of his order and the establishment of invoices.

The issue of the processing of personal data is set out in more detail in the dedicated part of the website of the company 929 and more particularly in its conditions of use of its website.

10. Litigation and Mediation

The contract and its general conditions are subject to French law. 

The customer irrevocably agrees and even in the presence of a plurality of defendants or in the event of a warranty appeal, to submit any dispute arising directly or indirectly from this contract to the exclusive jurisdiction of the Commercial Court of LYON.

As necessary, it is recalled that this clause is valid for any dispute arising from this contract including in the event of sudden termination of commercial relations within the meaning of Article L.442-6 I 5 ° of the Commercial Code.