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STRUCTIL fabrique en France des barres pultrudées depuis plus de 25ans ... STRUCTIL produces in France pultruded profiles since more than 25 years ... |
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GENERAL CONDITIONS OF SALE
3 November 2006 The present general conditions of sale shall apply automatically to all sales carried out by STRUCTIL on its on-line sales site structil.biz, hereinafter referred to as the ‘Site’, to the exclusion of any other condition, particularly the Client’s general conditions of purchase. Consequently, any order made via the Site shall be deemed to entail express acceptance on the part of the Client of the present general conditions of sale and OF the particular conditions governing the order (articles ordered on the Site). To this end, no order may be taken into account by STRUCTIL if the Client has not appraised itself of and accepted the said general conditions of sale by marking the box provided for that purpose. STRUCTIL reserves the right to amend the present general conditions of sale without notice. These changes shall not apply to previous orders or to deliveries already processed. STRUCTIL is a limited company with capital of EUR 3,106,950, registered in the Companies Register of Evry under No. 331 620 385 and is domiciled at 18 rue Lavoisier – 91 710 Vert le Petit (France). Sales made by STRUCTIL on the Site shall be reserved exclusively to adult natural persons and to corporate bodies who:
Pursuant to Law No. 2004-575 of 21 June 2004:
Offers made by SRTUCTIL shall be valid only within the limit of the stocks available at the time the Client places its order. However, if an article should become unavailable at the time of despatch, the Client shall be informed by email and it shall be requested whether or not it wishes to confirm its order. 3. Law of 6 January 1978 on information technology, files and freedom Pursuant to the law of 10 January 1978 on information technology, files and freedom, the name files of STRUCTIL shall be declared to the National Committee on Information Technology and Freedom under No. 105 31 27. At any time the Client shall be able to request STRUCTIL to have access to, to change or to erase its personal details. The said request must be addressed to STRUCTIL:
4. Client identification The information provided by the Client in the mandatory fields shall have binding effect on it. In the event of an error by the Client in the wording of the mandatory information which could, in particular, result in the products being lost, STRUCTIL shall under no circumstances be deemed liable. 5. Method of payment Payment shall be made by credit card which, in the case of clients domiciled outside of France, must be of international validity. However, payment by cheque shall be permitted on condition that the cheque is drawn on a French bank. Payment by cheque must be sent to the following address: STRUCTIL, Service Vente en Ligne, 18 rue Lavoisier, 91710 Vert le Petit, France. In the case of credit card payments, STRUCTIL provides by means of PAYBOX, a company specializing in the management of secure payments over the internet, a system of payment which guarantees that card numbers are kept secret by the use of protection and encryption procedures. Delivery shall be made only after PAYBOX has received the credit card payment or after the bank cheque has been cashed by STRUCTIL. In the event that the credit card payment or the cashing of the cheque is not authorized, the order shall be cancelled and the Client shall be notified accordingly by email. In such a case, STRUCTIL reserves the right not to proceed with any further order placed by the Client. 6. Transfer of property and transfer of risks The transfer of property shall be contractually determined at the time of delivery. The risks shall be transferred to the client at the time of delivery. 7. Delivery Delivery shall be executed by the handling agent selected by the Site depending on the products despatched and within the limits of the areas referred to. The time limits referred to on the Site shall be indicative. The Client may not in any event take advantage of a delay in delivery to cancel an order, without the prior written agreement of STRUCTIL, or to refuse to take delivery of the products ordered. Such a delay shall not give rise to the payment of damages and interest nor to the application of default penalties. In such cases, STRUCTIL shall under no circumstances bear liability. The Client shall undertake to sign the despatch note presented by the handling agent. The signature on the despatch note shall provide confirmation of acknowledgement of delivery. The client shall undertake to check each of the products delivered. Should the Client notice that there are products missing or damaged during transportation, it must contact STRUCTIL within 48 hours of signing the despatch note; contact to be made by email to the following address: contact@structil.biz STRUCTIL shall then reimburse the amount in respect of the missing or damaged products. In the event of damaged products, the Client shall undertake to return them to STRUCTIL, Service Vente en Ligne, 18 rue Lavoisier, 91710 Vert le Petit, France. Reimbursement shall be made only after the goods have been returned. The goods shall be returned by the same handling agent which delivered them and shall be organized by the Client, with STRUCTIL bearing the cost of returning the goods and reimbursing the Client accordingly. 8. Force majeure The parties shall not be held liable in the event of a failure to perform their contractual obligations as the result of force majeure. Force majeure shall be deemed to be any event which is unforeseeable, unavoidable and extraneous to the parties such as, without this list being exhaustive in nature: war, civil unrest, natural disasters, embargos, fire, labour unrest, strikes, general disruption in the supply of raw materials, (total or partial) disruption or strike in the postal services etc. The party subject to a case of force majeure must immediately notify the other party thereof by email. In such a case:
9. Right of revocation Pursuant to the Law of 6 January 1988 and Directive No. 97.7 of 20 May 1997, the Client shall have a time limit of seven clear days from the date of delivery of its order to return the product or products to STRUCTIL for exchange or reimbursement, without any penalties. The Client shall bear the cost of returning the product(s). Delivery shall be executed by the signing and dating of the despatch note. Goods must be returned to the following address: STRUCTIL, Service Vente en Ligne, 18 rue Lavoisier, 91710 Vert le Petit, France. The time limit for revocation from the contract shall be extended to three months from the date of delivery in cases where STRUCTIL has not confirmed, pursuant to Article 6 of the aforementioned directive and Article 1 of the present general conditions of sale, the order prior to the delivery of the products. Should STRUCTIL confirm the order after delivery and within the aforementioned time limit of three months, the time limit of seven clear days shall apply from the date of confirmation of the order by STRUCTIL. If the Client exercises its right of revocation, it must return the product to STRUCTIL, unused, in its original packaging and in perfect condition together with STRUCTIL’s invoice. If these conditions are not met by the Client, STRUCTIL reserves the right not to exchange the product or not to provide reimbursement. 10. Price Prices are given in euro. The prices indicated in the product lists do not include the costs of delivery. Delivery costs shall be calculated on-line depending on the place of delivery and shall be identified as such in the confirmation of the order and in the invoices. The total price inclusive of all taxes indicated in the order, in the confirmation of the order given by STRUCTIL and in the invoice shall be the total price of the order including the costs of delivery. STRUCTIL reserves the right to increase its prices without prior notice, save for orders and deliveries already processed. 11. Guarantee of product compliance Notwithstanding any legal guarantee, STRUCTIL guarantees that the products are compliant with their description. This guarantee shall apply only to products which are not transformed and are unused and which are stored in accordance with trade rules. The Client must inform STRUCTIL by email of the alleged non-compliance of products within a time limit of fifteen days from the date of delivery of the products. If the non-compliance can be duly proved as being the sole liability of STRUCTIL, STRUCTIL shall undertake to replace the product or provide reimbursement for the non-compliant product which must be returned to STRUCTIL at STRUCTIL’S expense. STRUCTIL shall under no circumstances be held liable for anything other than the simple replacement or reimbursement of the non-compliant product. This guarantee shall exclude the payment of any compensation and the payment of any expenses in connection with the implementation of this guarantee. The provisions of the present clause shall represent the entirety of the obligations and liabilities of STRUCTIL under its guarantee. In addition, it is up to the Client to ensure that the product adequately meets the requirements of the application envisaged by it. In fact, the Client shall have sole responsibility for choosing to purchase a product on the STRUCTIL Site. Any total or partial impossibility of using a product, particularly as the result of the product’s incompatibility for the application envisaged by the Client, may not give rise to any claim for damages, reimbursement or liability on the part of STRUCTIL. STRUCTIL shall not give any guarantee regarding the suitability of its products for the needs of the Client. 12. Client Relations Service The Client may contact STRUCTIL by: - email: contact@structil.biz, telephone : 33 1 69908926, fax : 33 1 69908998, post to the address: STRUCTIL, Service Vente en Ligne, 18 rue Lavoisier, 91710 Vert le Petit, France. 13. Intellectual property All aspects of the Site are the exclusive property of STRUCTIL and are, to this end, protected by industrial and intellectual property rights. Consequently, the Client shall be prohibited from copying or downloading all or part of the content of the Site, save with the prior written authorization of STRUCTIL. In addition, any simple link connecting directly to the home page of the Site and any hypertext link connecting to the Site and using the framing technique and on-line linking shall not be authorized, save with the prior written authorization of STRUCTIL. 14. Liability STRUCTIL may not under any circumstances be held liable for the reparation of any material, immaterial or corporeal damage incurred by the Client as a result of the execution or the non-execution of an order, or for the improper application of the operating procedure for placing an order. Accordingly, STRUCTIL may not be held liable for loss of use, loss of profit etc. Moreover, STRUCTIL may not be held liable for any risk inherent in the use of the internet such as, in particular, a suspension of the service, hacking or the presence of a computer virus. 15. Disputes The parties shall give an undertaking to seek an amicable resolution to any dispute arising out of the interpretation and/or execution of any order. In the event of a failure to reach an amicable agreement within a time limit of 60 days, the party bringing the action shall submit the dispute to the relevant tribunal in Paris (France). French law shall be the applicable law. 16. Autonomy of the provisions If a part of or a provision of the present agreement, other than a mandatory and decisive provision, is declared illegal and void by any tribunal, government or government agency, the other provisions shall remain in force as between the parties. 17. Assignment - transfer The Client may not, under any circumstances, assign any order totally or partially to a third party free of charge or in return for payment, save with the prior written authorization of STRUCTIL. |