1 - GENERAL
1-1 Unless expressly agreed in writing by us, our sales are made in the following general conditions, which cancel any contrary clause appearing on the purchase orders, the general conditions of purchase or correspondences of our customers.
1-2 The information given on our catalogs, flyers ... are given for information only and can not in any way be considered as an offer from us. The goods offered for sale in our catalogs and on our website www.comatec.fr are described and presented with the greatest accuracy. If despite all precautions, errors may have occurred, no compensation will be due to the customer.
1-3 Our sales are exclusively for professionals, acting in the course of their professional activities, excluding all sales to consumers.
2 - COMMANDS
2-1 Any first order is subject to the opening of a customer account with our sales department. The request to open an account will be established on the basis of a form that the customer will find in our catalog or on our site and will only be processed if it is accompanied by a first order.
2-2 Any order is considered firm and final after validation, it can not be modified without our agreement.
2-3 The validation of order implies the unconditional acceptance of our general conditions of sale.
2-4 We reserve the right to modify these terms and conditions at any time without notice. The general conditions applicable to the customer will be those appearing on our catalogs or on our website on the day of the customer's order.
2-5- Order by fax or email: the customer recognizes his order by fax or email after reading and accepting our terms and conditions. In response, our sales department will send him an official order and encrypted order that he is asked to check, before confirming his order with "Bon pour Accord", by return fax or email. The customer will be solely responsible for any order processing errors due to input errors, omissions or illegibility of the document. The fax or email will be between the customer and ourselves proof of the terms of the order.
- Order by phone: the customer recognizes placing his order by phone after reading and accepting our terms and conditions. In response, our sales department will send him an official order form and encrypted that he is asked to check, before confirming his order, with "Bon pour Accord", by return fax or email. When the customer places his order by telephone without concomitant written confirmation, he gives us under his sole responsibility all the information necessary for the processing of his order and accepts to assume sole responsibility for any errors arising.
Order by internet: the customer acknowledges that the present general conditions of sale apply as soon as he has clicked to agree to these terms and conditions and / or reserved the goods on our site. The data recorded on our website constitutes proof of all transactions made on the site between ourselves and the customer. The customer reserves in a "basket" the goods he wants to order on our site. In response, our sales department will send him an official order and encrypted order that he is asked to check, before confirming his order with "Bon pour Accord", by return fax or email. Any reservation on the website is subject to the entry of access codes; the access codes are sent to the customer upon acceptance of the request to open an account on the site. The customer will assume sole responsibility for the communication, voluntary or involuntary, of his access codes. The customer undertakes to inform us as soon as possible of any misappropriation or fraudulent use of his access codes.
2-6 We can send samples of goods to the customer upon request. We reserve the right to charge these samples based on their quantity and nature.
3 - AVAILABILITY
3-1 Product offers on our catalogs and on our website are offered within the limits of available stocks.
3-2 In this context, indications on the availability of goods will be provided to the customer when ordering. No error on this availability will be able to entail our responsibility. In case of unavailability of the goods ordered, we will inform the customer without delay by phone, email or fax.
4 - DELIVERY / TIME / COMPLIANCE
4-1 The delivery terms appear on our annual catalog and on our website.
4-2 The goods will be delivered in metropolitan France within an indicative time of 72h (working days) for orders validated before 13h. The customer will have to consult us for any express delivery under 24h or 48h (with an additional cost) and for any island delivery, DOM-TOM or abroad. Our delivery times are specified for information only. Any delays can not justify the cancellation of the order or the refusal of the goods and can not result in the claim for damages.
4-3 We reserve the right to split deliveries.
4-4 A delivery slip to be issued will be given to the customer during the pick-up and / or delivery of the goods.
4-5 Upon delivery and in the presence of the carrier, the customer must check the packages (poorly filmed or torn pallet, damaged packages, loading in poor condition ...). In case of damage, written reservations must be made to the carrier on the delivery note. The reserves entered on the delivery note as well as any new reserves must be notified by the customer to the carrier by registered letter within a period of three (3) days, not including holidays, to exercise his recourse vis-à-vis the carrier under the conditions of Article 133-3 of the French Commercial Code.
5 - WARRANTY / COMPLAINT / NON COMPLIANCE
5-1 The customer is required to ensure the conformity of the goods delivered within 72 hours of receipt of these goods. In the absence of a written complaint (by email) within this period, the customer will be deemed to have acknowledged the conformity of the goods to his order. We exclude any warranty for defects that the customer would not have availed himself within this 72 hour period.
5-2 In case of nonconformity, the customer must address within the 72 hours referred to above a complaint specifying the item (s) concerned, the nature of the defect, the quantity concerned, the lot number of the box (es) and photos.
5-3 The customer must keep all or part of the non-conforming goods at his expense until we recover them or until we authorize him to destroy them.
5-4 The prior agreement of our commercial services is necessary before any return of non-compliant and / or defective goods. The costs of returning non-compliant and / or defective goods will be at our expense.
5-5 In case of non-compliant goods, we will establish a credit note upon receipt of goods returned to our services exclusively on pallet (s) filmed.
5-6 We exclude all liability for consequential damages suffered by the customer, such as, but not limited to, loss of revenue, turnover, loss of profits, loss of image, of any nature whatsoever.
5-7 In all cases, our liability shall be limited to the amount paid by the customer for non-conforming goods.
5-8 Any action by the customer against us regarding the conformity of the goods shall be prescribed within a period of one year from the day of discovery of the event giving rise to the action.
5-9 For all other goods returns, our prior agreement is mandatory. Contact us for details.
6- PROPERTY RESERVE
6-1 We retain ownership of the goods delivered until the actual collection of all amounts owed by the customer for any reason whatsoever. However, the customer as custodian of the goods assumes responsibility and risk.
6-2 The customer will have to insure the goods of which he is the custodian and provide the corresponding insurance certificate if we ask him.
6-3 As of right, we may, as soon as a payment incident occurs, demand the return, at the expense, risk and peril of the defaulting customer, of the goods delivered, without notice. The sale will be automatically settled and the installments already paid will remain acquired in exchange for the enjoyment of the goods which will have benefited the customer.
6-4 In case of a claim, the goods in stock at the customer are deemed to be those corresponding to the most recent invoices.
6-5 In the event that the goods are resold, the original customer will be deemed to have made this sale on our behalf, acting as agent, selling the goods and cashing the amount of the sale price on our behalf and on our behalf.
7 - PRICES / DISCOUNTS
7-1 Our prices are specified in our catalog or available on our website. We reserve the right to modify them at any time without notice. Prices are nevertheless billed to the customer according to the prices in force on the day of the order.
7-2 All our prices are net, in € uros, excluding taxes, including packaging, from our warehouses. VAT at the rate in effect on the day of the invoice will be applied to all our prices, except in the case of VAT exemption.
7-3 Rebates or rebates granted to the customer on any purchase of goods will be deemed acquired only after full payment by the customer of all amounts due to us. Any dispute of an invoice must be sent to us by registered letter with AR within 5 days of its receipt by the customer; otherwise, the bill is deemed definitively accepted by the customer.
8 - TERMS OF PAYMENT
8-1 Unless otherwise agreed by our accounting department, invoices must be paid by credit card, check on delivery or by bank transfer before delivery. With the agreement of our accounting department, we can accept a payment at 30 days, transfer, credit card or milking.
8-2 In case of advance payment, and unless otherwise agreed, no discount will be granted to the customer.
8-3 Under no circumstances may the customer, on his own initiative, compensate sums due to him with sums due to us for the sale of goods.
8-4 We may at any time offset sums due to the customer as rebates or rebates with amounts due to us.
9 - DELAY / DEFAULT OF PAYMENT
9-1 Any late payment authorizes us to suspend all orders and deliveries in progress, to modify the conditions granted until the incident, this without prejudice to any other course of action.
9-2 Any delay in payment entails, except in the case of an exceptional report in writing, the automatic invoicing of a late penalty equal to three times the legal interest rate in force, as well as a penalty lump sum for recovery costs fixed at 40 € uros. The late penalty runs from the due date to the date the payment is received.
9-3 Failure to pay a single invoice when due will result in immediate payment of all our invoices.
9-4 Any bill recovered in a contentious manner may be increased as a penalty clause, within the meaning of Article 1229 of the Civil Code, of an indemnity fixed at a flat rate of 10% of the amount remaining unpaid, in addition to the costs recoveries and penalties for late payment. All the costs of procedure and / or litigation following a late payment are the responsibility of the customer.
10 - FORCE MAJEURE
10-1 We reserve the right to suspend and / or cancel orders without compensation when a case of force majeure prevents normal performance.
10-2 The events of total strike, lockout, fire, flood, damage to equipment, riot, delay of delivery of our suppliers, stoppage of driving force, either at our place or at our suppliers or carriers, will be especially considered as cases of force majeure, even if they are only partial.
11 - RESPONSIBILITY
The goods offered comply with the French legislation in force and the standards applicable in France. Our responsibility can not be engaged in case of importation of one of our goods in a third country. It is the customer's responsibility to comply with the local rules for importing or using our goods.
12 - RESOLUTIONARY CLAUSE
We will be able to demand the cancellation of the order if the customer misses any of its commitments. In this case, we must, by registered letter with AR, put the customer in default to respect its commitments and give him a period of fifteen days to do so. At the end of this period and if the customer has not complied with its obligations, we can note the termination of the order by means of a second registered letter with AR.
13 - INTELLECTUAL PROPERTY
The customer undertakes not to depreciate or infringe, in any way whatsoever, trademarks, logos and other distinctive signs on our merchandise. We are the sole owners of the intellectual property rights (designs, copyrights ...) relating to the goods. Nothing contained herein or any sale of goods shall be deemed to include a transfer of intellectual property rights over the goods to the benefit of the customer, unless otherwise agreed by our services. The customer is prohibited from depositing any intellectual property right on the goods in France or abroad. Any reproduction or imitation of the goods without our authorization will be prosecuted for infringement in accordance with the provisions of the Code of Intellectual Property.
14 - DATA PROTECTION
As part of our activities, we may collect and process certain personal data about individuals. In accordance with the law of 6 January 1978 relating to computers, files and freedoms, the customer has a right to access, modify, rectify and delete data concerning him. To exercise these rights, the customer can contact the service by email: firstname.lastname@example.org or by mail: COMATEC, ZI Lannolier, Bd Francois-Xavier Fafeur, 11000 Carcassonne, France.
15 - CONFIDENTIALITY
The customer agrees to keep confidential all information and documents that we transmit to him in the context of these terms and conditions of sale and not to disclose to a third party without our prior consent. This confidentiality undertaking will remain valid for the duration of the business relationship and at the end of the relationship for a period of five (5) years ./
16 - LITIGATION
These general terms and conditions are subject to French law, the parties having expressly agreed to exclude the provisions of the 1980 Vienna International Convention on the International Sale of Goods. For all disputes, and failing amicable agreement, only the courts of our head office will be competent and will decide, regardless of the place of delivery, even in case of plurality of defendants or warranty. / p>
17 - MISCELLANEOUS
17-1 Any modification of the present general conditions will take place by written amendment signed by our services and the customer.
17-2 In case of contradiction between these general conditions and a translation into a foreign language, only the French version will prevail.