GENERAL TERMS AND CONDITIONS - ONLINE SALES
SAS CHARGEUR PLUS ®
3 rue Jacques de Vaucanson
Tel: +33 5 46 56 18 88
Email: [email protected]
ARTICLE 1 - Scope of intervention
These General Terms and Conditions of Sale(GTC) apply without restriction or reservation to all sales concluded by SAS CHARGEUR PLUS ("The Seller") to consumers and non-professional purchasers ("Customers or Customer"), wishing to acquire the products offered for sale by the Seller (" Products "). Customers are invited to refer to the Product Catalog (available online and on request), which lists exhaustively and updated the Products covered by these General Terms and Conditions. They specify in particular the conditions of ordering, payment, and delivery of the Products ordered by the Customers. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented in the User's Manuals and Mounting Instructions of the Seller. The photographs and graphics presented are not contractual and can not engage the responsibility of the Seller. The Customer is obliged to refer to the description of each Product in order to know the properties and the essential characteristics.
Product offers are subject to availability.
These General Terms and Conditions are systematically communicated to any Customer prior to placing an order and will prevail, as the case may be, on any other version or other contradictory document.
The Customer declares to have taken note of these General Terms and Conditions and to have accepted them before the placing of his order. These General Terms and Conditions may be amended from time to time and the version applicable to the purchase of the Customer is the one valid at the date of placing the order.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions.
In case of order to a country other than Metropolitan France, the Customer is the importer of the Product (s) concerned. For all products shipped outside the European Union and French Overseas Departments and Territories, the price will be calculated exclusive of taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes are likely to be due. They shall be paid and have responsibility by Customer.
ARTICLE 2 - Orders
- Product orders are made as follows
- Request for a quotation from the Customer in writing (directly on line, by e-mail or by post at the coordinates at the top of these Terms and Conditions) or by calling the Sales Department of SAS CHARGEUR PLUS.
- Sending by the Seller to the Customer of the Quotation electronically or by post, according to the recommendations of the Customer. The Quotation specifies, in particular, the product concerned, the amount of the deposit and the balance of the order, the probable time of preparation, the mode and the anticipated delivery times, and the postage.
ONLY THE ORDER GRANTED BY THE SAS PLUS LOADER TO THE CUSTOMER ENGAGES THE SELLER.
- The written validation of the estimate by the Customer, by return of the estimate to the Seller marked "good for agreement".
- Payment by credit card or bank transfer.
- Acknowledgment of receipt of the final order by the Seller to the Customer upon actual receipt of the deposit. This acknowledgment of receipt to the customer.
- Notice to the customer when finalizing the order (by telephone or e-mail as recommended by the customer)
- Payment by credit card or bank transfer by bank transfer.
- Delivery of the products according to the agreed mode and the destination of delivery.
- Sending the final invoice to the customer.
The sale will be considered as definitive only after sending the Customer confirmation of the acceptance of the order by the Seller, and after receipt by the latter of the full price.
It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
In case of cancellation of the order by the Customer after its acceptance by the Seller, for any reason other than the force majeure, an amount corresponding to 10% of the total amount of the purchase will be acquired to the Seller and invoiced to the Customer , By way of damages, in compensation for the damage thus suffered.
ARTICLE 3 - Prices
The Products are provided at the rates in effect on the Seller's website on the day the Seller signs the order. Prices are in Euros, excluding taxes and all taxes included.
For Products not withdrawn by the Customer himself, the prices do not include the processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated in the Seller and calculated prior to placing the order. The payment requested from the Customer is the total amount of the sale, including these costs.
Any specific orders from the Customer may be considered. If necessary, they will be the subject of a quote previously accepted by the latter.
The quotations established by the Seller are valid for a period of 1 month, from their date of establishment. The order on estimate is considered accepted only after the payment of an advance, as specified in article 2 of the present GTC. The amount of this deposit is specified, for each product, by the catalog of Products available online on the website of the Supplier, www.chargeurplus.com
The amount of the deposit will be confirmed at the time the quotation is drawn up by the Supplier.
An invoice is established by the Seller and given to the Customer when the products purchased immediately or ordered are collected or delivered.
ARTICLE 4 - Payment Terms
An advance payment, as defined in article 3 of these Terms and Conditions is required when the Customer orders the order. This deposit can under no circumstances be considered a deposit.
The balance of the price is payable on the day of delivery, under the conditions defined in the article "Deliveries" below. The following payment methods can be used:
- By bank check, issued by a bank domiciled in metropolitan France or in Monaco. The payment of the check is made immediately
- Wire Transfer
- By PAYPAL
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price in full in the conditions indicated above.
Payments made by the Customer will be considered as final only after actual collection of the sums owed by the Seller.
ARTICLE 5 - Products discounts - Deliveries
The Products ordered will be delivered to the address indicated by the Customer when ordering.
Delivery is the transfer to the Customer of the physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. The Seller undertakes to make his best efforts to deliver the Products ordered by the Customer within the time limits mentioned in the Order Form.
However, these deadlines are given for information only. If the Products ordered have not been delivered within 12 weeks after the indicative delivery date, for any reason other than force majeure, the sale may be resolved at the Customer's written request under the conditions provided for in articles L 216-2 L216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to him within fourteen days of the date of termination of the contract, excluding any compensation or withholding.
If deliveries are carried out by an independent carrier.
Deliveries are carried out by an independent carrier at the address mentioned by the Customer when ordering or immediately purchasing and to which the carrier can easily access.
Where the Customer has himself undertaken to use a carrier he chooses himself, the delivery shall be deemed to have been effected on delivery of the Products ordered by the Seller to the carrier once the carrier has accepted them without Reserve. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and does not have any warranty claims against the Seller in the event of failure to deliver the goods carried.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, on estimate previously accepted in writing by the customer.
The Customer is responsible for checking the status of the delivered Products.
It has a period of 10 days from the date of delivery to express any reservations or claims for non-conformity or apparent defect of the Products delivered, in writing (registered letter, electronic mail, facsimile) Photos in particular). With regard to reservations and complaints concerning the conditions of delivery of the Products (for example: damaged package, already opened ...), the Customer must imperatively formulate any reservations on the TRANSPORT BON delivered by the Carrier delivery.
After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim can be validly accepted by the Seller. The Seller shall reimburse or replace at its own expense, as soon as possible, the Products delivered, the defects of which have been duly proved by the Customer, in conformity with the provisions of articles L 217-4 et seq. Code of consumption and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Products of the Seller, for the benefit of the Customer, whether an immediate purchase or an order, will be realized only after full payment of the price by the latter, whatever The date of delivery of such Products.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration thereof, will be realized only when the Customer takes physical possession of the Products. The Products therefore travel at Seller's risk, except in the case where the Customer himself has entrusted himself with the use of a carrier he chooses himself.
ARTICLE 7 - Seller's Liability - Warranty
The Products offered for sale comply with the regulations in force in France.
The Products supplied by the Seller shall be entitled, as of right and without further payment, in accordance with the legal provisions,
- the statutory warranty of conformity, for Products which are apparently defective, damaged or damaged or which do not correspond to the order or immediate purchase,
- the legal warranty against latent defects arising from a defect in material, design or workmanship affecting the products delivered and rendering them unfit for use,
The fact that a natural person (or legal entity), to make an immediate purchase or to order a Product entails acceptance and full acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Client, who waives, in particular, to avail himself of any contradictory document, which would be inopposable to the Seller.
Under the conditions and in the manner indicated in the box below and defined by the following articles of the Consumer Code and the Civil Code:
Article L217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
The property complies with the contract:
(1) If it is suitable for the customary use of a similar good and, where applicable:
- it corresponds to the description given by the seller and possesses the qualities which he has presented to the purchaser in the form of a sample or a model;
- if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
Article L217-16 of the Consumer Code
When the buyer asks the Seller, during the course of the commercial guarantee given to him during the acquisition or repair of a movable property, to refurbish the warranty, At least seven days in addition to the remaining warranty period. This period shall run from the buyer's request to intervene or the making available for repair of the goods in question, if such availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The Seller shall be liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which so diminish such use that the buyer would not have acquired it, Would have given a lesser price if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.
It is recalled that within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the property to act against the Seller. The Customer may choose between repairing or replacing the ordered Product, subject to the cost conditions provided for by article L 217-9 of the Consumer Code. The Customer is exempt from proof of the lack of conformity of the Product during the twenty-four months following the issue of the Product, except for second-hand goods, the period of which is extended to six months (article 217 -7 of the Consumer Code). The Client may decide to implement the guarantee against hidden defects in accordance with article 1641 of the Civil Code; In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code. In order to assert its rights, the Customer must inform the Seller in writing of the non-conformity of the Products within the aforementioned deadlines and return the defective Products in the state in which they were received with the whole Of the elements (accessories, packaging, instructions ...). Any written notice from the Customer concerning the lack of conformity or the guarantee against hidden defects should be sent by registered post, electronic mail or fax to the following address:
SAS CHARGEUR PLUS
3 Jacques de Vaucanson Street
Tel : 05.46.56.18.88
Email: [email protected]
The Seller shall refund, replace or cause to be repaired the Products or parts under warranty found to be invalid or defective. In case of delivery, the shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded on presentation of the justifications. Refunds of Products found to be non-compliant or defective will be made as soon as possible and at the latest within 15 days of the Seller's finding of the lack of conformity or of the hidden defect. The refund will be made by credit to the Client's bank account or by bank check addressed to the Client.
The Seller shall not be liable in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, that it is up to the Customer to verify,
In the event of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, such as normal wear and tear of the Product, accident or force majeure.
Products delivered in KIT for mounting by the Customer benefit from the legal warranty subject to a mounting in all points identical to the original model, according to the recommendations of the Seller in the MOUNTING INSTRUCTIONS. The MOUNTING INSTRUCTIONS is transmitted by the Seller to each Customer upon delivery of the Product, and is also available online on the Seller's website. The Seller can not be held liable in the event of a defect in assembly or failure to comply with the installation recommendations by the Customer, perfectly and completely execute each step of assembly and welding. In no event shall the Seller be limited to the liability incurred in the event of a defect in particular of welding, that is to say the continuation under the sole responsibility of the Customer.
INSTRUCTIONS FOR USE
Each Product also comes with an OPERATING INSTRUCTIONS which details the use and maintenance rules of the Product. The USER'S MANUAL is also available online on the Seller's website.
- "Authorized" and "Prohibited" utilization for products
- Pre-checking before each use
- The Safety and Usage Rules
- Product Maintenance Rules
The Seller can not be held liable in the event of faulty maintenance of the Products or elements, or improper use of the Products as detailed in the INSTRUCTIONS FOR USE .
ARTICLE 8 – Right to retract
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller without having to justify reasons or to pay a penalty, Exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 30 days of notification to the Seller of the Customer's decision to retract. Returns are to be made in their original state and complete (packaging, accessories, notice ...) allowing them to return to the market in new condition, accompanied by the purchase invoice. Products damaged, dirty or incomplete are not taken back. The right of withdrawal can be exercised online, using the form of retraction available on the website "www.chargeurplus.com", in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, Or any other declaration, unambiguous, expressing the will to retract. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; The costs of return remaining at the Customer's expense. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 9 - Intellectual property
The Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, designs, models, prototypes, etc. carried out (even at the Customer's request) with a view to supplying the Products to the Customer. The Client is therefore prohibited from any reproduction or exploitation of said photographs, presentations, studies, designs, models and prototypes, etc., without the express prior written authorization of the Seller which can condition it to a financial counterpart.
ARTICLE 10- Case of force majeure
The Parties shall not be liable for failure to perform or delay in performing any of their obligations as described herein as a result of force majeure within the meaning of Article 1218 of the Civil Code.
ARTICLE 11 - Applicable Law - Language
By express agreement between the parties, these General Conditions of Sale and the transactions resulting therefrom are governed by and subject to French law. These General Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text will be considered authentic in the event of a dispute.
ARTICLE 12 - Disputes
ALL DISPUTES TO WHICH PURCHASING AND SELLING OPERATIONS CONCLUDED PURSUANT TO THE PRESENT GENERAL CONDITIONS OF SALE MAY PROVIDE FOR THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, THEIR CONSEQUENCES AND THEIR SUITES AND WHICH WOULD NOT HAVE BETWEEN THE DEALER AND THE CUSTOMER, WILL BE SUBJECT TO COMPETENT TRIBUNALS UNDER THE CONDITIONS OF COMMON LAW.S DE DROIT COMMUN.
The Client is informed that he may in any event resort to a mediation agreement, in particular with the Commission of the mediation of the consumption (C. consom, art L 612-1) or with the existing sectoral mediation bodies , Or any alternative means of dispute settlement (conciliation, for example) in case of dispute.
ARTICLE 13 - Pre-contractual information - Customer acceptance
The customer acknowledges having communicated, before the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and comprehensible way, the present General Conditions of Sale and all the information listed in the article L.221-5 of the Consumer Code, and in particular the following information:
- The essential characteristics of the Product,
- The price of the Products and related costs (delivery, for example);
- In the absence of immediate execution of the contract, the date or time at which the Seller agrees to deliver the Product,
- The information relating to the identity of the Seller, his postal, telephone and electronic contact details and his activities, if they do not appear in context,
- information on legal and contractual guarantees and their implementation modalities,
- The functionality of digital content and, where appropriate, its interoperability,
- The possibility of resorting to mediation in the event of litigation.