GENERAL CONDITIONS OF SALE
ARTICLE 1 : PURPOSE AND AREA OF APPLICATION
These conditions of sale (after named the "conditions") are intended to rule all orders for the products sold on the site of DISTRIFOND (distrifond.com), hereinafter referred to as the website, sold by EASYGONG SAS, hereinafter referred to as the seller, with the capital of 30000 €, whose headquarters are in France 77320 Dagny - 2 Rue de la Césarderie, registered with the RCS Meaux under the Siret number 81981011000018.
The site activity is strictly reserved to persons acting under their professional occupation.
Any product order placed with the sellor implies acceptance by the buyer and his full acceptance of these terms and conditions which prevail over any other document of the buyer, including all terms and conditions of purchase without the express prior agreement notwithstanding our society.
Any other document that the general conditions of sale and including catalogs, brochures, advertisements, notices, is merely informative and indicative, non-contractual.
ARTICLE 2 : PRODUCTS AND AVAILABILITY
The products offered for sale are those listed on the site, provided that the seller reserves the right to modify at any time the range of the products. The offers of products offered on the website are subject to availability. Furthermore, it is understood that the features, dimensions, weight, photos, graphics specified in the catalog are only indicative value.
In case of unavailability of a product after ordering, the buyer will be informed by email. The cancellation of the order of this product and its potential refund will be made. The rest of the order remains unchanged.
ARTICLE 3 : ORDERS
The order is placed by the buyer either online on the website, or by email by putting a complete description of the product offered on the site.
For online order to be valid, the buyer must create an account, specify the billing address, the address and the delivery method. He will have to accept these terms and conditions by clicking on the button to accept the Terms.
No modification of the order will be accepted after approval thereof.
As we sell products for professionals, the right of withdrawal does not apply.
ARTICLE 4 : PRICE
The seller reserves the right to change prices at any time according to changes of materials and production costs. However, our prices are fixed by the tariff in force at the date of placing the order. They are always exclusive of taxes, unpackaged products and transportation is not included. On site unit prices are exclusive of tax and in euros. For companies in the European Union (excluding France) with a VAT number, billing can be realized without tax.
Sauf accord contraire, les retards de livraison n'emportent ni annulation, ni modification du contrat. Ils ne sauraient donner lieu à dommages et intérêts. Les clauses pénales figurant sur les papiers commerciaux de nos clients nous sont inopposables.Unless otherwise agreed, delivery delays do not constitute any cancellation or modification of the contract. They do not give damages or penalties. The present clause applies even in the event of clauses different appearing to the commercial documents from the purchaser.
ARTICLE 5 :PAYMENT TERMS
All orders placed on the site will follow the following payment methods:
- by bank card (3Dsecure for online purchases)
- by Paypal
- by bank transfert (Additional time to process)
- by check (Additional time to process)
When opening an account validated by DISTRIFOND, paying bills can be done:
- By bank transfert within 45 days (end of the month)
No discount will be granted for early payment.
In the case of an open account with payment after delivery, in accordance with Article L. 441-6 of the Commercial Code, penalties for delays are due to failure to settle the day following the payment date indicated on the present document. They are due without any reminder. Their interest rate is set at 3 times the rate of legal interest. The legal interest rate which is held is the legal interest rate in force on the day of delivery of the goods.
In addition to delay damages, any amount, including the deposit, not paid by its due date, occurs automatically on the payment of a lump sum of 40 euros due for recovery costs.
In addition, our company reserves the right to appeal to the competent court in order to end this nonpayment, with penalty payments per day of delay.
ARTICLE 6 : Deliveries
Time of delivery
Delivery times are given for informative purposes; those depending in particular on the availability of goods and of carriers.
Notre société s'efforce de respecter les délais de livraison qu'elle indique à l'acceptation de la commande, et à exécuter les commandes, sauf force majeure, ou en cas de circonstances hors de son contrôle, tels que grèves, gel, incendie, tempête, inondation, épidémie, difficultés d'approvisionnement, sans que cette liste soit limitative.
Our company strives to meet the delivery times that indicate the acceptance of the order, and execute orders unless force majeure or in the event of circumstances beyond its control, such as strikes, frost, fire , storm, flood, epidemic, supply difficulties, but this list is not limited.
Delays in delivery can not give rise to any penalty or compensation, or motivate the cancellation of the order. Any delay in relation to the indicative delivery time originally planned, can not justify cancellation of the order placed by the customer and recorded by our company.
Deliveries are made with free of charge shipments. The transfer of risk on products sold by our company is made upon delivery of goods to the carrier (or exit from our warehouses).
The customer, in case of damage or missing goods delivered, to make all necessary reservations with the carrier.
Any product that has not been the subject of reservations by registered letter within 3 days of receipt from the carrier, in accordance with Article L. 133-3 of the Commercial Code, and with copies sent simultaneously to our society, will be considered accepted by the customer.
Without prejudice of the customer regarding the carrier as described in section "transport" in case of damages or missing products, any claim of whatever nature, relating to products delivered shall be accepted by us if it is made in writing by registered letter within a period of 3 days.
It is up to the buyer to provide any justification to prove the reality of damages or missing products.
No return of goods shall be made by the customer without the express prior written approval of our company, obtained by fax or email.
Return costs will be borne by our company, if an apparent defect, or missing, is indeed found by the latter or his agent.
Only the carrier chosen by our company is authorized to make the return of the products concerned.
Receiving without any reservations made by the customer covers all apparent defects and / or missing.
Case of customers with an account (for bank transfers at 45 days)
All orders we accept are validated, given the fact that the client has adequate financial guarantees, and that actually will pay the amounts due on due time, according to the law. Also, if our society has serious reason to fear particular difficulties payment from the customer on the date of the order or subsequent thereto, or if the client does not have the same guarantees as during the acceptance of the order date, our company can make acceptance of the order or the pursuit of his performance to a cash payment or the provision, by the customer, of guarantees for the benefit of our society.
Our company will also have the option, before accepting any order, as running, to require the customer communication of its accounting records, including income statements, even forecast, allowing it to assess its solvency .
In case of refusal by the customer's cash payment without sufficient guarantees being proposed by the latter, our company may refuse to honor the order placed and deliver the goods concerned without the client to argue a unjustified refusal to sell or to claim any compensation.
In case of full non-payment of a bill expired, after formal notice remained without effect within 48 hours, our company reserves the right to suspend any ongoing delivery and / or future.
In case the customer places an order at our company without having made the payment of previous orders, our company can refuse to honor the order and deliver the goods concerned without the customer being entitled to any compensation for any reason whatsoever.
ARTICLE 7 : RESERVATION OF OWNERSHIP
Unless express prior written decision of the seller notified to the Client prior to delivery of each order, the seller will retain full ownership of the goods delivered until full payment of the corresponding price. Until then delivered products will be considered and recorded the Customer shall bear all risks associated with damages that the products might suffer or cause for any reason whatsoever.
Furthermore the products can not be resold without the prior written consent of the seller. In case of non-compliance by the Customer with a payment deadline, the seller, without prejudice to any other rights, may obtain, automatically and on notice to Customer by registered letter with acknowledgment of receipt, the return of goods concerned at Customer's expense.
ARTICLE 8 : FORCE MAJEURE
The parties can not be held responsible for a breach of any of their obligations on the occurrence of a force majeure event as defined in the French Civil Code.
ARTICLE 9 : INTELLECTUAL PROPERTY
All technical documents delivered to customers remain the exclusive property of our company.
Our customers agree not to make any use of these documents, which may adversely affect industrial or intellectual property rights of our company, and undertake not to disclose to any third party.
Site Content is protected by French and international laws on intellectual property. Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
ARTICLE 10 : INFORMATION TECHNOLOGY AND FREEDOM
As part of the orders, the site has to collect personal data. These data are processed and stored under conditions designed to ensure their safety. Some of these data are essential for application processing or customer orders.
The processing of information provided through the website has been declared to CNIL.
Conformément à la Loi "informatique et libertés" du 6 janvier 1978, le Client dispose d'un droit d'accès, de rectification et de suppression des données le concernant. Le Client est dès lors susceptible de recevoir des offres promotionnelles du site. S'il ne le souhaite pas, il pourra s'y opposer, soit en écrivant au site, à firstname.lastname@example.org, soit lorsque ces offres sont envoyées par messagerie électronique, au moment de la collecte ou en cliquant sur le lien de désinscription y figurant.
In accordance with the law "Information technology and Freedoms" of 6 January 1978, the Customer has a right to access, correct and delete personal data. The Customer is therefore likely to receive promotional offers on the site. If he does not want, he will oppose it, either by writing to the site, email@example.com or when they are contacted by e-mail by clicking the link unsubscribe contained therein.
ARTICLE 11 : APPLICABLE LAW
The present conditions are governed by French law. This contract is written in English. In case of difficulties or complaints in connection with an order, the buyer can contact the Customer Service. In case of dispute, only French courts are competent. Any legal action will be the exclusive jurisdiction of competent courts of the seller's registered office.