These conditions are concluded exclusively between SOCIETE NOUVELLE DES ETABLISSEMENTS THIERS-ISSARD (hereinafter "the Company"), a simplified joint-stock company with a share capital of 300,000 euros, registered in the Trade and Companies Register under number 334 281 649, whose registered office is located at the Zone Industrielle du Felet, 63300 in THIERS (France), publisher of the website www.thiers-issard.fr (hereinafter "the Site"), and any professional visiting or making a purchase on the Site (hereinafter "the Customer"), and collectively referred to as "the Parties".
The Parties agree that their relations are governed exclusively by these general terms and conditions of sale.
Consequently, any placing of an order for an item offered for sale on the Site (hereinafter "the Product") implies full and complete acceptance of these general terms and conditions of sale, of which the Customer recognizes having read before placing his order.
These conditions are subject to change. Consequently, it is expressly agreed that the general terms and conditions of sale applicable are those in force on the Site at the time the order is placed on the Site by the Customer.
Sales to or from abroad may require specific additional special conditions.
Article 1: Purpose
The purpose of these general terms and conditions of sale is to define the rights and obligations of the Parties in connection with the online sale of the Products offered by the Site to the Customer.
Article 2 : Product Features and Availability
2.1 Products features
All information relating to the Products (descriptive, visual...) presented on the Site has no contractual value and is given for information purposes only. In addition, they are subject to change at any time.
Consequently, the Company cannot be held liable for the difference in perception between this information and the Products.
2.2 Products Availability
The Company undertakes to honor orders received only within the limits of the available stocks of the Products. In this regard, the Company shall not be held liable for breach of contract in the event of stock shortage or unavailability of the Product.
In the absence of availability, the Company reserves the right to cancel the order, subject to informing the Customer as soon as possible. The Company may also offer the Customer an alternative Product or indicate to him the possible restocking of the Product.
In the event of the Customer's refusal, the Customer will be refunded the price of the Product, within fourteen (14) days following the date of confirmation of the refusal.
Article 3: Product Prices
The prices indicated on the Site are, at the Customer's choice, in euros, pounds sterling or US dollars. These rates apply to Customers, who are exclusively professional resellers.
The prices are indicated excluding taxes and do not include charges applicable in metropolitan France, at the current VAT rate. They also do not include administrative, packaging and transport costs. These additional costs are borne by the Customer and are indicated to him at the time of placing the order, before its final validation.
The Company grants itself the right to modify its prices at any time but it undertakes to invoice the Products ordered at the prices indicated at the time of placing the order.
Invoices are issued at the rate in effect on the day of delivery.
The prices indicated for orders to countries outside the European Union are exclusive of tax. The Customer undertakes to pay any taxes and customs duties imposed on the importation of the Products into the country of the place of delivery.
Article 4: Order and Conditions of Payment
Beforehand, the Customer is required to create an account, allowing him/her to be identified and to access the selling prices of the Products.
The Customer is required to provide the information required in the registration form, relating to his identity and that of his company, in a complete and correct manner.
After a verification phase by the Company of the information transmitted, the Customer will receive an email confirming his registration.
At this stage, the Customer must also create a password, which he/she undertakes to keep. The Customer is responsible for all actions performed on the Site using his login and password.
4.2 Order placement
The Customer's order is placed directly on the Site. The Customer fills in his/her cart of Products and enters an invoicing address and a delivery address, completing all the requested information.
When summarizing the order, the Customer may correct any errors made in entering his data and enter a delivery address different from the billing address.
The Customer must declare, before proceeding with the secure payment, that he accepts without reservation all the general terms and conditions of sale by ticking the box: "I accept the general terms and conditions of sale". By this act, the Customer acknowledges having read, understood and accepted these conditions.
The Customer will then finalize his order by the obligation of payment. He will have to select the payment method, provide the required information online and proceed to the payment of his order on the secure interface.
The final validation of the order by the Customer shall constitute proof of the order and payment of the sums for the Products of the order.
Once the payment has been validated, the Customer will receive an email confirming his order by the Company. This order validation email constitutes acceptance by the Company of the order placed by the Customer and thus forms the sales contract between the Parties.
In order to avoid any fraudulent identity theft or payment fraud, the Company reserves the right to verify the personal data provided by the Customer, in order to prove that the latter is the holder of the Customer account and/or the means of payment.
4.3 Payment methods
The payment methods available to the Customer through the Site are as follows:
- Credit card: Once this payment method has been selected, the Customer is redirected to the secure payment platform, PayZen. The Customer must indicate the information requested, relating to the number of his card, its validity date and its control number. The amount of the order is debited upon acceptance of payment on this secure service. The Customer may, after validation of the payment, print in PDF format the summary ticket of the payment.
Cards issued by banks domiciled outside France must be international bank cards.
- PayPal: The Customer must enter his identifiers, if he/she has a PayPal account, or will be able to create one. Personal and financial information is automatically encrypted during this operation.
- Cheque: The cheque must be addressed to the order and address of the Company, as specified when selecting this payment method. The shipment of the Products only takes place once the cheque has been received and cashed and will be confirmed by email to the Customer. Payment by cheque is only possible for banks domiciled in Metropolitan France.
- Bank transfer: The Company's bank details are available to the Customer upon request. The order will be definitively validated as soon as the Customer has received the transfer, who will be informed by email. The transfer costs are the exclusive responsibility of the Customer.
Once the payment of the order has been validated, the Customer receives an email confirming the order.
Article 5: Shipping
5.1 Scope of delivery
The Company's geographical area of delivery is as follows: France, Europe, Asia, America, Australia, Oceania, Africa, CIS. Any delivery outside this area is impossible.
The Products are delivered to the address indicated by the Customer when placing the order on the Site.
The Customer must ensure that complete and correct information is provided, as well as the conditions of access to the place of delivery and a telephone number. In the event of an input error on the part of the Customer, the re-shipment of the order is at the Customer's expense.
5.2 Delivery costs
Delivery costs are calculated according to the number of Products ordered, the total weight of the order, as well as the delivery destination chosen at the time of placing the order.
5.3 Method and delivery times
The delivery of the Products ordered by the Customer is made only by the transporter DPD.
Delivery times are generally 24 to 48 hours, Monday to Friday. They are deemed to be valid from the date of final shipment of the order and do not take into account the time required for processing and preparing the order by the Company.
These delivery times are given only as an indication and are in no way guaranteed.
Consequently, any reasonable delay in the delivery of the Products shall in no event engage the Company's liability, nor give rise to late payment penalties, damages of any kind whatsoever, or cancellation of the order. Nor may the Customer use it to refuse to take possession of the delivered Products or to claim a refusal to pay the price.
However, in the event of exceeding a period of more than thirty (30) working days, the Customer may cancel all or part of his order, subject to prior notification to the Company by registered letter.
This DPD delivery method chosen and proposed by the Company has a parcel tracking service ("tracking DPD"). Once the order has been validated and the Products shipped, the Customer receives an email in which a link allows him to track his package and the steps of its delivery.
5.4 Right of retention
The delivered products remain the property of the company until they are handed over to the carrier.
5.5 Effect of delivery and right of withdrawal
It is the Customer's responsibility to check the condition of the package containing his order, upon delivery, and to verify the content of his order.
In case of reservations concerning apparent defects (damage, loss or missing), he must immediately formulate them on the transport order provided by the carrier, and send an email to email@example.com within a maximum period of three (3) working days following receipt of the Products.
In the absence of a confirmed complaint within this period, the Product is deemed accepted and compliant by the Customer, and may not be the subject of any dispute for apparent defects.
Article 6: Guarantees
In addition to the legal guarantee against hidden defects, the Company guarantees all its Products for 2 years.
In the event of a defect in conformity, the Customer may choose between repair or replacement of the goods at no charge within 2 years from the date of delivery of the product.
The Company guarantees the delivered Products, provided that they have been used and maintained under normal conditions of use and in accordance with the recommendations written in the maintenance instructions published by the Company.
The Company will replace or repair defective parts at its factory or at any place of its convenience. The shipping costs are borne by the Customer. All defective parts will be appraised by the Company and will only be taken as warranty if they have been used normally.
The following are excluded from the guarantee:
- items that would have been dismantled,
- damage due to oxidation.
Article 7: Responsibility
The Products on the Site comply with the legislation in force in France. The Company cannot be held liable in the event that the Product does not comply with the standards applicable in the country of delivery.
The Company cannot be held liable for an order that does not meet the Customer's needs, it being understood that the Customer must ensure that the Product ordered is in line with its objectives.
The Company undertakes to ensure the proper execution of the contract concluded with the Customer. Nevertheless, the Company's liability is limited to direct and foreseeable damages that may result from the use of the Products by the Customer and not to indirect damages resulting from a fault of use of the Customer, such as negligence, repairs, interventions or modifications made without the prior written consent of the Company.
In the event that the Company's liability is incurred by the Customer, it is agreed that the maximum amount of compensation that may be paid by the Company may not exceed the total amount, excluding tax, invoiced to the Customer for the order that caused the damage, except in the case of bodily injury.
In addition, the Company cannot be held liable for any breach of its contractual obligations resulting from an unforeseen event or force majeure.
The occurrence of a case of force majeure results in the immediate suspension of the execution of the contract. The latter shall be automatically terminated in the event of extension of the case of force majeure for more than 60 days.
Article 8: Customers Service
The Company has set up a Customer Service Department for any question or difficulty related to the purchase of a Product on the Site.
This Customer Service is available:
- By telephone on +33 (0) 4 73 80 41 41 41 (cost of a local call from a fixed line in metropolitan France), on working days, from 9am to 12pm and from 2pm to 5pm, excluding public holidays
- By email to firstname.lastname@example.org
- By post: SOCIETE NOUVELLE DES ETABLISSEMENTS THIERS-ISSARD, Zone Industrielle du Felet, 63300 THIERS
Article 9: Suspension – Termination
The Company reserves the right to suspend the Customer's access to the Site, terminate his account and refuse any order in the event of failure by the Customer to comply with one of his contractual obligations, in particular in the event of default in payment.
The Customer may also terminate his registration and account on his own by sending a request for termination to the Company's Customer Service at any time.
Article 10: Intellectual Property
All elements of the Site such as images, texts, graphic design or underlying technology used, are the exclusive property of the Company and are protected by the provisions of the Intellectual Property Code and the international treaties relating thereto.
The trademarks and logos appearing on the Company's Site are the property of the Company or third parties. Any use, total or partial reproduction of these brands and/or logos is prohibited, within the meaning of articles L.713-2 and following of the French Intellectual Property Code, unless prior and express authorization has been obtained from the Company.
Article 11: Entirety - Temporary renunciation - Invalidity of a clause
These general terms and conditions of sale express all the obligations of the Parties and are composed of all the clauses that compose them. The Customer is therefore deemed to accept without reservation all the provisions of these conditions.
The fact that one of the Parties does not exercise, on one or more occasions, the rights, options, claims or actions reserved to it by these conditions shall not be interpreted as a waiver or refusal to exercise them.
In the case that any of the clauses of the present contract is recognized or declared null and void or in violation of a provision of public order, said clause shall be deemed unwritten and all the other clauses shall remain in force.
Article 12: Applicable law and competent jurisdiction
These general terms and conditions of sale are subject to French law.
If no amicable settlement is reached, the litigation will be brought before the Commercial Court of the Company's registered office, namely that of Clermont-Ferrand, even in the event of a guarantee call and a plurality of plaintiffs or defendants.