TECHNAL GENERAL TERMS OF SALE 2018 (WEBSHOP)
1 – SCOPE
These general terms apply to all purchases made by a CUSTOMER from SARL HYDRO BUILDING SYSTEMS FRANCE (hereinafter “the COMPANY") of PRODUCTS in the TECHNAL range, via the COMPANY’s website “fr.shop.technal.com/fr”.
The terms PRODUCTS is understood to mean all standard hardware elements of TECHNAL systems, listed on the COMPANY’s website “fr.shop.technal.com/fr” and for sale for the price applicable on the day of the order.
The main characteristics of the PRODUCTS, particularly the specifications, illustrations and information on the dimensions and capacities of the PRODUCTS, are given on the COMPANY’s website “fr.shop.technal.com/fr”.
The CUSTOMER is required to familiarise himself with them before placing an order.
The choice and purchase of a PRODUCT is the sole responsibility of the CUSTOMER.
The photographs and graphics shown on the COMPANY’s website “fr.shop.technal.com/fr” are non contractual and the COMPANY cannot be held liable with regard to said photographs or graphics.
The CUSTOMER is required to refer to the description and assembly instructions of each PRODUCT in order to find out their essential properties and particular features.
The PRODUCTS are offered whilst stock last, as specified when placing the order.
The COMPANY’s coordinates are as follows: Hydro building systems France sarl RCS Toulouse B 451 221 295, head office 270 rue Léon Joulin 31037 TOULOUSE CEDEX.
These General Terms of Sale can be accessed at any time on the COMPANY’s website “fr.shop.technal.com/fr”, with the CUSTOMER able to consult and download them.
Since these General Terms of Sale may subsequently be modified, the version applicable to the CUSTOMER’s purchase is the one in force on the COMPANY’s website “fr.shop.technal.com/fr” on the day the order is placed.
Except in case of proof to the contrary, the data recorded in the COMPANY’s information systems constitutes the proof of all transactions completed with the CUSTOMER.
In accordance with the "Informatique et Libertés" law (French data protection law) of 6 January 1978, the CUSTOMER has the right to access, rectify and remove all personal data at any time, by sending an email along with proof of identity to: email@example.com
Validation of the order by the CUSTOMER implies the unconditional and unreserved acceptance of these General Terms of Sale, with the exception of all other documents issued by the COMPANY. This applies regardless of any clauses that may appear in the CUSTOMER’s documents, especially in his General Terms of Purchase.
Any document that contradicts the provisions of these General Terms is binding only if it originates from or is validated by the COMPANY’s general management.
The CUSTOMER acknowledges having the capacity required to enter into contracts and acquire the PRODUCTS on offer on the COMPANY’s website “fr.shop.technal.com/fr”.
Unless otherwise agreed upon, the act of ordering implies the full and unconditional acceptance of these General Terms of Sale.
2 – ORDERS
2.1 The CUSTOMER is responsible for selecting the products he wishes to order from the COMPANY’s website “fr.shop.technal.com/fr”in accordance with the following arrangements:
Description of the process for ordering, order validation, confirmation and payment
1. The CUSTOMER selects the PRODUCT of his choice and clicks on the “Ajouter au panier” (Add to Cart) button;
2. The CUSTOMER logs in to his account or creates one if he hasn’t done so before (identification of professional customers using the VAT number), only professionals may make purchases on the site;
3. The CUSTOMER then clicks on the “Voir mon panier” (See my Cart) button;
4. The CUSTOMER sees the contents of his cart and can remove PRODUCTS by clicking on the “Supprimer” (Remove) button. The CUSTOMER can also continue shopping by clicking out of the cart window.
The order is confirmed by clicking on the “Acheter” (Purchase) button. Delivery options are then chosen.
5. The CUSTOMER selects the order delivery location;
The CUSTOMER selects his payment method
6. The CUSTOMER reaches the order summary page and can access the order validation page by clicking on the “Confirmer ma commande” (Confirm my order) button;
7. The CUSTOMER validates his order and thus his full acceptance of these General Terms of Sale, by checking the box “J’accepte les conditions générales de vente” (I accept the General Terms of Sale) and clicking on the “Régler ma commande” (Pay for my order) button;
8. The CUSTOMER pays for his order;
9. An email confirming the order and payment is sent to the CUSTOMER.
Contractual information is presented in French and should be confirmed at the latest by the time the order is validated by the CUSTOMER.
PRODUCT offers are valid whilst they are visible on the site and whilst stocks last.
The sale will be considered final only after confirmation of acceptance of the order is sent to the CUSTOMER by email from the COMPANY.
It is the CUSTOMER’s responsibility to check the accuracy of the order and to immediately report any errors.
An order placed on the COMPANY’s website “fr.shop.technal.com/fr»” constitutes a contract entered in remotely by the CUSTOMER and the COMPANY.
The COMPANY reserves the right to cancel or refuse any order from a CUSTOMER with whom there is a dispute concerning payment of a previous order.
The CUSTOMER can track the progress of his order on the COMPANY's website “fr.shop.technal.com/fr”.
2.2 - The CUSTOMER undertakes to order only PRODUCTS for the implementation of which he has, or undertakes to acquire, the skills, qualifications and/or authorisations that are required from a technical and/or regulatory standpoint.
The benefit of the order is personal to the CUSTOMER; the CUSTOMER may not transfer the benefit of his order, nor order on behalf of a third party, unless it is to handle orders of his own customers.
Orders are settled by cash payment.
In the event of an incident or late payment, the COMPANY reserves the right to suspend or cancel current or future orders, irrespective of any prior agreement to the contrary and without prejudice to any other course of action.
2.3 - The COMPANY reserves the right to refuse an abnormal order which, by its nature, origin, volume or recurrence, appears to contravene the COMPANY’S sales policy and the purpose of the COMPANY’S website.
The PRODUCTS defined in paragraph 1 above are exclusively for professionals in the building and construction industry, in the form of systems. These systems are designed and tested as coherent assemblies and each element is an integral part of them. Consequently, any order that is deemed to be abnormal in this respect may be refused.
3 - PRICE
The PRODUCTS are provided at the applicable prices shown on the COMPANY’s website “fr.shop.technal.com/fr»” when the order is recorded by the COMPANY.
Prices are shown in Euros, inclusive and exclusive of VAT.
The prices take account of any reductions granted by the COMPANY on the COMPANY’s website “fr.shop.technal.com/fr”.
These prices are firm and non-revisable. The COMPANY has the right to modify the prices at any time. They do not include processing, dispatch, transport and delivery expenses, which are invoiced as an extra, in accordance with the conditions specified on the website “fr.shop.technal.com/fr”, and are calculated prior to the order being placed.
The payment required from the CUSTOMER is the total amount of the purchase, including these costs.
An invoice is issued by the COMPANY and is given to the CUSTOMER upon delivery of the ordered PRODUCTS.
4 - DELIVERY
4.1 - The PRODUCTS are delivered to the delivery location specified by the CUSTOMER when placing the order, or picked up by the CUSTOMER at one of the COMPANY’s Service Points.
Orders delivered to the COMPANY’s Service Points will be kept for up to 8 days after they become available. Orders delivered to any other location (home or other address) will be kept for up to 8 days. If the PRODUCTS are returned due to the CUSTOMER’s failure to collect them, the COMPANY reserves the right to bill the CUSTOMER for the corresponding fees.
4.2 - The PRODUCTS are transported at the risk of the CUSTOMER. As such, the CUSTOMER must express any reservations to the shipper.
The CUSTOMER must express his reservations in detailed terms (including the COMPANY’s references) on the shipping note provided by the shipper and notify the latter within three days of his reasoned protest via registered letter with acknowledgment of receipt, a copy of which should be sent to the COMPANY in the same format and within the same timeframe, or at the moment that the PRODUCTS are collected at a Service Point.
4.3 - In all cases - including when the CUSTOMER takes possession of the PRODUCTS in one of the COMPANY’s Service Points - the CUSTOMER is required to check the apparent condition of the products upon delivery.
In the absence of reservations expressed in writing and sent via registered letter with acknowledgment of receipt to the COMPANY within three days of delivery, where necessary as a copy of the protest sent to the shipper (4.2), the PRODUCTS delivered by the COMPANY will be deemed as compliant with the order, in terms of quantity and quality.
4.4 - In all cases, the transport costs are borne by the CUSTOMER.
4.5 - The time until availability is given for informational purposes when the order is placed and does not include the transport time; this should be added on to the time stated.
The time until availability is not a strict deadline, unless an exception to the contrary has been granted by the COMPANY’s general management; the fact of having exceeded this deadline cannot be used as a reason to cancel the order or claim compensation.
However, if the deadline stated when the order is placed is exceeded by more than 48 hours, and provided that such delay is not attributable to him, the CUSTOMER may request the cancellation of the sale.
By express agreement, contingencies like production shutdowns, equipment, raw material or labour shortage, late delivery of materials and parts ordered from the COMPANY’s suppliers, restriction of import licences, are all deemed to be cases of force majeure justifying a delay in fulfilling the order.
4.6 -.In terms of packaging, the COMPANY is only bound by a best-endeavours obligation. The standard packaging for which the COMPANY is responsible is designed to protect the PRODUCTS during their normal transport time, but under no circumstances for their storage, whether in transit or at the destination.
5 - OPENING A CUSTOMER ACCOUNT
To begin a business relationship with the COMPANY, a CUSTOMER account must have been opened via the website “fr.shop.technal.com/fr”.
A CUSTOMER account is opened on the website “fr.shop.technal.com/fr” before the CUSTOMER accepts the COMPANY’s General Terms of Sale.
When opening the account, the CUSTOMER declares his name, activity, delivery address, intra-community VAT number, email address and telephone number.
6 - METHODS OF PAYMENT –
All products ordered on the website “fr.shop.technal.com/fr”are settled by cash payment.
7 - INVOICING
An invoice is drawn up by the COMPANY in accordance with article L.441-3 of the French Commercial Code and is issued to the CUSTOMER upon delivery of the ordered PRODUCTS or periodically.
After a period of one calendar month from its date of issue, an invoice cannot be successfully contested by the CUSTOMER. The invoice is deemed to have been approved in all its terms and conditions by the CUSTOMER.
8 - CLAIMS
8.1 - All claims concerning a PRODUCT defect or an inaccuracy in the quantity or item number must be made within at most three days of taking delivery of the PRODUCTS.
In this case, the PRODUCTS are replaced free of charge and as quickly as possible once the faulty product has been returned to the COMPANY and checked; no claim or compensation may be made from the COMPANY in this respect.
8.2 - If the claim is made at time of delivery by a shipper, the CUSTOMER must express his reservations in detailed terms (including the COMPANY’s references) on the shipping note provided by the shipper and notify the latter within three days of his reasoned protest via registered letter with acknowledgment of receipt, a copy of which should be sent to the COMPANY in the same format and within the same timeframe.
9 - WARRANTIES - LIMITATIONS
9.1 - All CUSTOMERS benefit from the statutory warranty: delivered product compliant with the characteristics agreed when ordering, and a warranty against latent defects of the sold good.
The warranty for the PRODUCTS and equipment supplied is in accordance with the French technical standards applicable on the delivery date.
9.2 - The COMPANY offers a contractual warranty for each type of PRODUCT, which ensures the free-of-charge replacement of parts proven as defective, i.e. making them unsuitable for their intended use.
In all cases and regardless of the PRODUCT in question, the CUSTOMER is responsible for providing the proof of such defects or faults.
The warranty takes effect on the PRODUCT delivery date. Repairs, modifications or replacements of parts during the warranty period do not result in any extension to the warranty period.
The measures, assembly drawings and suggestions shown on the COMPANY’s website “fr.shop.technal.com/fr” are for informational purposes only.
The CUSTOMER is informed that these elements do not constitute an element of execution, and that they must be checked and confirmed by an internal or external design office, and that as such the COMPANY cannot be held liable for them.
9.3 - The warranty does not cover damage caused by:
- natural wear and tear,
- non-compliance with the COMPANY’s recommendations or best practices concerning the implementation/installation of the PRODUCTS,
- the use and/or installation of the PRODUCTS in conditions or for purposes that are improper to their characteristics,
- poor PRODUCT maintenance, or lack thereof,
9.4 - The warranty period for the PRODUCTS against all manufacturing or operating defects and against any material faults is two (2) years after they are shipped.
10 - PRODUCT RETURNS
No PRODUCT returns will be accepted, except in cases mentioned in article 8 – CLAIMS.
11 - IMPROVEMENTS
The COMPANY reserves the right, without any requirement to give prior notice, to make any alterations deemed necessary to the offer or the PRODUCTS, in order to improve their technical or design quality.
12 - Intellectual property
The content of the website “fr.shop.technal.com/fr” is the property of the COMPANY and of its partners, and is protected by French and international intellectual property laws.
Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
In addition, the COMPANY remains the owner of all intellectual property rights pertaining to the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the CUSTOMER) for the provision of the PRODUCTS to the Customer. The CUSTOMER is therefore prohibited from reproducing or using such studies, drawings, models and prototypes, etc. without the express, prior written consent of the COMPANY, who may make its use conditional on financial compensation.
- The TECHNAL® brand
The use of the name TECHNAL is strictly limited to the description of the CUSTOMER’s constructions that implement exclusively and in full TECHNAL PRODUCTS, with the exclusion of any promotional use that has not been authorised by the COMPANY.
This restriction applies to any written, oral or electronic communication, especially via the internet or domain name.
It is recalled that, pursuant to the French Intellectual Property Code, it is illegal to reproduce the COMPANY’s documentation, whether in whole or in part, without the COMPANY’s agreement and that such reproduction constitutes copyright infringement.
13 – DATA PROTECTION
Pursuant to Law No. 78-17 of 6 January 1978, it is recalled that the personal data requested from the CUSTOMER are required in order to process the order and prepare invoices, amongst other things.
These data may be communicated to any of the COMPANY’s partners that are responsible for the implementation, processing, management and payment of the orders.
The processing of information sent via the website « fr.shop.technal.com/fr» has been declared to the CNIL (French data protection authority).
The CUSTOMER has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification and removal with regards to the information concerning him.
This right can be exercised in accordance with the conditions and provisions set out on the website “fr.shop.technal.com/fr”.
14 - DISPUTES
It is expressly agreed that any disputes arising between the parties in connection with their commercial relations shall be subject to the exclusive jurisdiction of the Toulouse Commercial Court, regardless of the place of delivery or mode of payment and even in the event of third party proceedings or multiple defendants.