Terms of Sales

Article 1 - GENERAL

Any order for products from the company FRANCE ETUVES implies the unreserved acceptance of the customer hereinafter referred to as the buyer and their full and complete acceptance of these general conditions of sale which take precedence over any other document from the buyer.

Any order implies prior consultation of these general conditions of sale accessible at any time by direct and permanent link on the website of the company FRANCE ETUVES at the address https://www.france-etuves.com/CGV and systematically attached quotes to allow the customer to place an order with full knowledge of the facts. The buyer must return the T&C document to us, which must be signed with the words “Good for acceptance”.

Article 2 - INTELLECTUAL PROPERTY

Any patent, copyright of model relating to any plan, drawing, specification, information, and quote that the company FRANCE ETUVES will provide to the buyer, will remain the property of the company FRANCE ETUVES.

If the buyer wishes to acquire the plans of the equipment ordered, he must explicitly request this from the company FRANCE ETUVES who will accept or refuse his request. The transfer of the plans will be made at a price defined in a quote separate from the initial order of the equipment.

Article 3 - ORDER

Any order sent to the company FRANCE ETUVES via its website, by email, by fax, by post, only becomes final after acceptance by the company FRANCE ETUVES which returns an acknowledgment of receipt of the order.

The company FRANCE ETUVES reserves the right not to honor an order in the event of a dispute defined by the regulations in force, for example unpaid invoice, non-full payment of previous orders, without the customer being able to claim any < strong>compensation. Any order placed by the buyer with the company FRANCE ETUVES has a firm, definitive and irrevocable character for the buyer.

The buyer's order will be executed for a strict definition of the quote. Any possible modification will be the subject of a new quote and an amendment to the order from the buyer, in addition the delivery time may be unilaterally postponed by the company FRANCE ETUVES.

Article 4 - PRICE AND PAYMENT CONDITIONS

The price is agreed for the strict definition given in the quote.

Prices and deadlines only bind the company FRANCE ETUVES for the duration of the validity indicated on the quote; after this period a revision of price and deadline may be applied.

Unless otherwise indicated by us, our prices are exclusive of taxes, ex-works, packaging not included. Unless otherwise stipulated on our part, the payment conditions are as follows:

30% deposit of the amount including tax when ordering by check,
the balance on delivery.

If special agreements provide for a retention of guarantee, it may only be required:

if the amount of the order excluding tax exceeds 40,000 euros,
the withholding may in no case exceed 5%,
the duration cannot extend beyond one year.

In all cases, any withholding security can be released upon submission of a “retaining security deposit” issued by a financial institution.

Article 5 - AVAILABILITY

Our product offers are valid while stocks last.

Article 6 - RESERVATION OF OWNERSHIP CLAUSE

The provision of the material does not result in a transfer of ownership.

The company FRANCE ÉTUVES reserves ownership of its supplies until full payment of invoices, in accordance with the terms of law n°80 335 of 05/12/1980. If the equipment is delivered and in the process of payment, the buyer must insure it against all risks of damage that it could cause or suffer and responsibilities that could result therefrom.

In the event of total or partial non-payment of the price on the due date, or in the event of non-compliance by the buyer with just one of the general conditions of sale, the company FRANCE ETUVES will automatically demand restitution without formality. of the material at the expense and risk of the buyer. This restitution does not, however, amount to the dissolution of the sale.

Article 7 - TRANSPORT

All transport operations, insurance, customs, handling, up to delivery of the material and unloading are the responsibility, expense, risk and peril of the buyer, who is responsible for verifying the conformity of the goods at the time of delivery. delivery before signing the delivery note and to exercise, if necessary, recourse to the carrier, even if the shipment was made free of carriage.

Unreserved receipt of the products ordered by the buyer covers any apparent or missing defect.

Complaints made by the buyer upon delivery will only be accepted by the company FRANCE ETUVES if they are detailed at the time of receipt of the material on the carrier's receipt and confirmed in writing to the latter by letter registered within 48 hours, a copy of which must be sent within the same time frame to the company FRANCE ETUVES.

The fact of organizing, in the name and on behalf of the buyer, the transport of the goods sold with a carrier chosen by the company FRANCE ÉTUVES does not modify these conditions in any way.

The claim made by the buyer under the conditions and terms described above does not suspend payment for the material concerned.

Article 8 – GUARANTEES

Our products are guaranteed for 12 months by workshop return.

The benefit of the guarantee only applies after full payment for the material.

The warranty period begins on the date of issue of the delivery note.

In the case of provision in our workshops, the guarantee will take effect immediately.

The guarantee only exists towards the buyer and not towards third parties to whom the equipment could be resold.

The FRANCE ETUVES company guarantee is limited to the free replacement in our workshops of parts recognized as defective by our services.

In this case the material must be returned to the company FRANCE ETUVES at the buyer's expense.

The company FRANCE ETUVES may however bear the return costs of an amount not exceeding the shipping costs incurred during the initial delivery, however this remains in all cases at the free discretion of the company FRANCE ETUVES.

Unless specifically stipulated on our part, this commitment only applies to defects which have become apparent during the 12-month period. To be able to invoke the benefit of these provisions, the buyer must notify the company FRANCE ETUVES by the means he deems quickest, with written confirmation of the defects he attributes to the equipment and provide all justification as to the reality of these. -this. The buyer must give the company FRANCE ETUVES every facility to identify these defects and repair them. He must also refrain, unless expressly agreed, from carrying out the repair or having it carried out by a third party. The buyer cannot take advantage of the warranty recourse to suspend or defer his payments and will not be able to make any price reduction as compensation.

Article 9 - EXCLUSION OF WARRANTY

The warranty will not apply in the following cases:

breakdowns occurring during installation or assembly or following the opening and/or modification of the contents of the guaranteed device or when the installation or assembly is entrusted to an installer or a non-mandated repairer by the company FRANCE ETUVES, or in the event of proven non-compliance with the installation or assembly conditions of the guaranteed device, mentioned in the instructions for use;
scratches, chips, scrapes and more generally accidental (and aesthetic) damage caused to the exterior parts of the guaranteed device and the damage does not affect its proper functioning;
breakdowns linked to obstruction of ventilation systems or the insertion of liquids into electrical and mechanical parts not intended for this purpose;
breakdowns resulting from accidental damage;
accidental damages ;
damage resulting from the intentional or willful misconduct of the buyer or any third party. (accident, fall, shock, malicious intent, false operation, bad connection, etc.);
breakdowns resulting from modification of the original characteristics of the guaranteed device;
breakdowns resulting from unauthorized modification of the guaranteed device, program, data settings;
breakdowns linked to the use of non-compliant or unsuitable accessories for the guaranteed device;
the direct or indirect consequences of damage to the elements contained in the devices;
the direct or indirect consequences of part or all of the operating loss during or following a breakdown;
breakdowns attributable to electrical accidents whose origin is external to the guaranteed device (heating, short circuit, voltage drop, induction, insulation failure, influence of atmospheric electricity);
breakdowns resulting from the occurrence of a force majeure event;
breakdowns linked to external dryness, oxidation, corrosion, the presence of dust, or excess external temperature;
indirect damage, financial or not, suffered by the buyer during or following the use of these guarantees;
commissioning, adjustment, cleaning and routine maintenance costs;
breakdowns resulting from non-compliance with the instructions for use, connection, installation and maintenance appearing in the instructions for the guaranteed device;
breakdowns falling under specific exclusions to the warranty of the guaranteed device mentioned in the instructions for use of the guaranteed device;
breakdowns for which the buyer cannot provide the guaranteed broken down device;
the settings accessible to the buyer without dismantling the guaranteed device;
>breakdowns when the serial number of the device guaranteed to have broken down is illegible;
so-called consumable products and accessories;
breakdowns covered under the legal guarantee relating to hidden defects within the meaning of Articles 1641 et seq. of the Civil Code;
breakdowns covered under the warranty relating to lack of conformity within the meaning of Articles L211-1 et seq. of the Consumer Code.

In all cases, warranty interventions do not extend the duration of the original warranty of the equipment.

Article 10 - LIABILITY

Unless expressly stipulated on our part. Documents and information attached to the proposal, such as sketches, plans, photos, weights, dimensions, etc. are given for information purposes only and cannot in any way engage the responsibility of the company FRANCE ETUVES.

When the selection of the product offered is made by the company FRANCE ETUVES on the basis of information provided by the buyer, the company FRANCE ETUVES assumes no responsibility for errors that may result from imprecise, inaccurate or incomplete data. It is always up to the buyer to ensure that the characteristics of the product offered correspond to his needs, both in terms of performance and with regard to the possibilities of implementation.

The liability of the company FRANCE ETUVES can only be incurred up to the events guaranteed by its insurance policy and the amounts compensated by its insurance.

The company FRANCE ETUVES cannot be held responsible for a breakdown resulting from misuse of the equipment by the buyer or any other person having access to the equipment during its use.

The FRANCE ETUVES company is in no way responsible for any loss of profit in the event of a breakdown.

The responsibility of the company FRANCE ETUVES cannot be called into question for events occurring during the transport of the equipment such as damage, loss or theft, etc. and this even if the carrier was chosen by him, including if the transport was carried out “free of carriage”.

In the context of instructions given by telephone, the company FRANCE ETUVES cannot verify whether the advice given has been correctly applied; its liability cannot be sought in the event of deterioration of the equipment or loss of profit resulting from an interruption of activity.

Article 11 – SUBCONTRACTING

The FRANCE ETUVES company reserves the right to subcontract all or part of the services provided for in this contract to one of its service providers or to a third party, without the buyer being able to obstruct this. In any case, subcontracting does not cause any modification to the rights and obligations arising from this contract, for the buyer or for the company FRANCE ETUVES, the latter being solely responsible for the subcontractors it may designate.

Article 12 – DELIVERY TIME

The delivery time begins after receipt of the deposit. For orders involving custom manufacturing, the delivery time begins upon validation of the plans by the buyer and after receipt of the deposit.

The company FRANCE ETUVES will endeavor to respect the deadlines indicated in the offer.

The delivery time extends until the material is made available to the carrier.

The delivery time will be automatically extended in the presence of unforeseeable events not directly attributable to the company FRANCE ETUVES, occurring in its establishments as well as in those of its subcontractors.

The company FRANCE ETUVES will keep the buyer informed, in a timely manner, of the development of the aforementioned events.

The delay resulting from the accumulation of these events will not be attributable to the company FRANCE ETUVES and will not be grounds for cancellation of an order or any request for compensation.

Article 13 – APPLICABLE LAW – DISPUTES

The parties will seek an amicable agreement before any contentious action.

Any complaints can be sent to the following address

FRANCE ETUVES
Sales department
67 rue Auguste Meunier - 77500 CHELLES

This agreement is subject to French law. Any dispute will be under the exclusive jurisdiction of the MEAUX COMMERCIAL TRIBUNAL.

Article 14 – COMPUTING AND FREEDOMS

In accordance with the provisions of the Data Protection Act of January 6, 1978 as amended, the buyer is informed that providing the company FRANCE ETUVES with the personal information requested by the latter is mandatory because it is essential for commercial management.

The information collected by the company FRANCE ETUVES as data controller will be used for management purposes and may, as such, be transmitted to authorized third parties (its agents, its contractual partners, distributors, agents of these the latter as well, where applicable, as well as to the supervisory authorities).

In accordance with the Data Protection Act, the Customer has a right of access, rectification and opposition to personal data concerning him. All he has to do is write to:
FRANCE ETUVES – Sales department, 67 rue Auguste Meunier 77500 CHELLES