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General Terms and Conditions of Sale
On this page, you will find the General Terms and Conditions of Sale applicable to orders placed on the Solutions Elastomères website.
Table of contents
General Terms and Conditions of Sale for Consumers General Terms and Conditions of Sale for Business Customers Contact us
General Terms and Conditions of Sale for Consumers
PREAMBLE
The Seller carries out an e-commerce activity and offers an online Product sales service on the website below:
Part 1 of these general terms and conditions, hereinafter referred to as the “Terms”, is exclusively reserved for consumer and non-professional Buyers.
ARTICLE 1 – DEFINITIONS
The terms used within the Terms shall have the meaning given to them below:
Buyer: natural person purchasing Products through one of the Websites
Order: purchase order placed by the Buyer for one or more Products and accepted by the Seller in accordance with the Terms
Email: computerised document that a user enters, sends or consults on a deferred basis via a network.
Internet: global network combining telecommunications resources and server and client computers, intended for the exchange of electronic messages, multimedia information and files. It operates using a common protocol that enables messages divided into independent packets to be routed from one point to another.
Party(ies): the Buyer and/or the Seller
Product: goods offered for sale on the Website by the Seller
Websites (Websites or Internet Sites): websites accessible at the addresses mentioned in the preamble, on which the Seller offers the Products for sale
Seller: SOLUTIONS ELASTOMERES SAS, 10 rue Ferdinand – 42000 SAINT-ETIENNE (France) Tel: +33 4 77 47 51 92 Fax: +33 4 77 47 02 54 – email: [email protected] - RCS 488574971 (Saint-Etienne) – VAT: FR23 488 574 971 – Share capital €65,000, offering Products for sale through the Websites.
ARTICLE 2 – PURPOSE
The purpose of the Terms is to define the rights and obligations of the Seller and the Buyer in connection with the sale of Products through the Websites.
ARTICLE 3 – SCOPE OF APPLICATION
The Terms apply to all sales of Products by the Seller to the Buyer, carried out through the Websites.
An Order shall only be taken into account by the Seller after the Buyer has first accepted the Terms.
ARTICLE 4 – ORDER
The Buyer places their Order through the Websites.
All contractual information is presented in French.
This information will be confirmed by email at the latest at the time of delivery.
The Buyer declares that they have read the Terms before placing their Order and acknowledges that validation of their Order implies acceptance of the Terms.
The Buyer also acknowledges that the Terms are made available to them in a manner allowing their storage and reproduction, in accordance with Article 1369-4 of the French Civil Code.
The offers presented by the Seller on the Websites are valid for a minimum of 30 days.
To place the Order, the Buyer must provide the Seller with personal data and complete an online form accessible from the Websites.
The sales contract between the Seller and the Buyer is formed when the Buyer clicks on the “Confirm” button when confirming their Order.
Until this final stage, the Buyer will have the possibility to return to the previous pages and correct and modify their Order and the information previously provided.
A confirmation Email, acknowledging receipt of the Order and summarising all this information, will then be sent to the Buyer as soon as possible.
The Buyer must therefore provide a valid email address when completing the fields relating to their identity.
In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by telephone, Email or fax as soon as the Seller becomes aware of this unavailability.
This unavailability shall result in cancellation of the Order and reimbursement of the Buyer, without delay and at the latest within 14 days, for the price of this order if their bank account has been debited.
The reimbursement will be made by sending a cheque or by crediting the debited bank account.
ARTICLE 5 – PAYMENT
The prices of the Products indicated on the Website pages correspond to prices excluding tax and excluding contribution to logistics preparation and shipping costs.
The Seller reserves the right to modify the prices of the Products presented on the Websites.
However, the Products will be invoiced to the Buyer on the basis of the rates in force at the time the Order is validated.
Payment for the Order shall be made:
By credit card via the secure Axepta BNP PARIBAS website (immediate debit)
By bank transfer (debit after the order given by the Buyer to their bank)
By cheque (debit upon receipt of the cheque)
By PayPal (immediate debit)
The payment order made by bank card or PayPal cannot be cancelled. Consequently, payment of the Order by the Buyer is irrevocable, without prejudice to the Buyer’s right to exercise their right of withdrawal or subsequently cancel the Order.
OWNERSHIP OF THE PRODUCT SHALL ONLY BE TRANSFERRED TO THE BUYER ONCE THE SELLER HAS RECEIVED FULL PAYMENT OF THE PRICE.
ARTICLE 6 – DELIVERY
The Product will be delivered to the contact details provided by the Buyer in the form completed when placing the Order.
The Seller undertakes to deliver the Product covered by the Order within thirty days from the day following validation of the Order.
In the event of a delivery delay following dispatch of the Product, the Buyer may cancel the Order and obtain reimbursement of the Product price as well as the return costs.
If the Product is delivered after cancellation of the Order, reimbursement will take place once the Seller has received the Product in its original condition.
In the event that this period is exceeded by the Seller in connection with dispatch of the Product, an email will be sent to the Buyer and the Buyer will have the option to cancel the Order and, if their bank account has already been debited, to obtain reimbursement of the Product price within 14 days.
Return of the Product and reimbursement of the Buyer will take place under the conditions set out below in Article 7 “Cancellation – Withdrawal - Reimbursement”.
ARTICLE 7 – CANCELLATION – WITHDRAWAL - REIMBURSEMENT
The Buyer has the option to cancel the Order as soon as it is concluded.
In addition, from receipt of the Product by the Buyer, the Buyer has a withdrawal period of 14 days, allowing them to return the delivered Product without having to provide any specific reason.
If the Buyer exercises this right of withdrawal within 14 full days from receipt of the Product, the Seller undertakes to reimburse the Buyer for the relevant products without delay and at the latest within 14 days following the date on which this right was exercised, provided that the Product has been returned to the Seller in perfect condition within the period indicated above.
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to products made to measure or cut according to the Buyer’s specifications; as such, hoses and sleeves cut to order cannot be returned or exchanged.
Return transport costs shall be borne by the Buyer.
To exercise these rights of cancellation of the Order and withdrawal, the Buyer must print and complete the withdrawal form available on the page below:
A confirmation acknowledging receipt of this return request will be sent to the Buyer by email.
In the event of a dispute, the Buyer may use the consumer mediation procedure by contacting directly the association governed by the French Law of 1901, whose contact details are given below:
Chambre Nationale des Praticiens de la Médiation CNPM
23 rue de Terrenoire - 42100 SAINT-ETIENNE
Tel: +33 4 77 49 45 89
ARTICLE 8 - RIGHT TO OPPOSE TELEPHONE CANVASSING
In accordance with Article L.223-2 of the French Consumer Code, the Buyer is informed of their right to register on a telephone canvassing opt-out list, such as BLOCTEL.
ARTICLE 9 – WARRANTY
If the Product received by the Buyer does not conform to the Product designated in their Order, this Product will be replaced or repaired, according to the Buyer’s stated preference, unless this preference entails a cost that is clearly disproportionate compared with the other option.
If the Buyer’s stated preference cannot be fulfilled within one month following their complaint, or if such repair or replacement is impossible, the Buyer may either return the Product and obtain reimbursement of the price of that Product if payment has already been made, or keep the Product and obtain reimbursement of only part of the price.
In addition, without prejudice to the aforementioned rights of withdrawal, cancellation and warranty of conformity, the Buyer benefits from the warranty against hidden defects for the Product as provided for in Articles 1641 to 1649 of the French Civil Code.
These warranties apply at no cost to the Buyer. Return postage costs shall be borne by the Seller.
When acting under the legal warranty of conformity, the consumer:
- benefits from a period of two years from delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
The consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code, and in this case may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the French Civil Code.
ARTICLE 10 – LIABILITY
The Seller is automatically liable towards the Buyer for the proper performance of the Order.
However, the Seller’s liability shall not be incurred if the Seller proves that the non-performance or improper performance of its obligations is attributable to the Buyer, to the unforeseeable and unavoidable act of a third party unrelated to the provision of the services provided for in the Terms, or to a case of force majeure.
The Seller shall not be held liable for damage resulting from fault by the Buyer in the use of the Products.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements published on the Websites, such as sounds, images, photographs, videos, texts, animations, programmes, graphic charter, utilities, databases and software, are protected by the provisions of the French Intellectual Property Code and belong to the Seller.
The Buyer undertakes not to infringe the intellectual property rights relating to these elements and in particular not to reproduce, represent, modify, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part thereof, excluding acts necessary for their normal and compliant use.
ARTICLE 12 – PERSONAL DATA
The Buyer is informed that, during browsing and in connection with the Order, personal data concerning the Buyer is collected and processed by the Seller as data controller, in particular through the online form intended for placing the Order.
The Buyer is informed that the Order cannot be placed if this form is not properly completed. This form indicates which fields are optional or mandatory.
The recipients of the data thus collected will be the members of the Sales Department of SOLUTIONS ELASTOMERES.
This processing has been declared to the Commission Nationale Informatique et Libertés in accordance with Law No. 78-17 of 6 January 1978.
This data is used for processing the Order as well as for improving and personalising the services offered by the Seller.
It is not intended to be transmitted to third parties.
The Buyer has the right, on legitimate grounds, to object to the processing of personal data concerning them.
The Buyer has the right, free of charge, to object to the use of data concerning them for prospecting purposes, in particular commercial prospecting, by the Seller or by the controller of subsequent processing.
The Buyer, provided they prove their identity, has the right to question the Seller in order to obtain confirmation as to whether or not personal data concerning them is subject to such processing, information relating to the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data is communicated, where applicable, information relating to envisaged transfers of personal data to a State that is not a member of the European Community, communication, in an accessible form, of the personal data concerning them and any available information as to the origin thereof, as well as information enabling them to know and contest the logic underlying automated processing in the event of a decision taken on the basis thereof producing legal effects in respect of the data subject.
The Buyer is informed that a copy of the personal data may be provided to them upon request.
The Buyer, provided they prove their identity, also has the right to require the Seller to rectify, complete, update, block or erase personal data concerning them that is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or retention is prohibited.
To exercise this right, the Buyer shall send a letter to the Seller in its capacity as data controller, at the following address: SOLUTIONS ELASTOMERES – Complaints Department – 10 rue Ferdinand – 42000 SAINT-ETIENNE.
When the Buyer so requests, the Seller must prove, free of charge for the Buyer, that it has carried out the requested operations.
The Buyer is informed that in the event of a dispute, the burden of proof lies with the Seller, except where it is established that the disputed data was communicated by the Buyer or with their agreement.
The Buyer is also informed that, when a modification of the record is obtained, the Buyer is entitled to reimbursement of the costs corresponding to the cost of the aforementioned copy.
ARTICLE 13 – AGREEMENT ON EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Terms, provided that technical security measures intended to guarantee the confidentiality of the data exchanged are put in place.
Both Parties agree that Emails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, particularly with regard to the transmission and acceptance of Orders.
ARTICLE 14 – PARTIAL INVALIDITY
If one or more of the provisions of the Terms were deemed unlawful or void, such invalidity would not result in the invalidity of the other provisions of these Terms, unless those provisions were inseparable from the invalidated provision.
ARTICLE 15 – APPLICABLE LAW
The Terms are governed by French law.
ARTICLE 16 – JURISDICTION
The Parties agree that, in the event of a dispute that may arise concerning the performance or interpretation of the Terms, they will endeavour to find an amicable solution.
If this attempt at amicable resolution of the dispute fails, the Buyer may bring the matter either before one of the courts with territorial jurisdiction pursuant to the French Code of Civil Procedure, or before the court of the place where they resided at the time the contract was concluded or at the time the harmful event occurred.
General Terms and Conditions of Sale for Business Customers
PREAMBLE
The Seller carries out an e-commerce activity and offers an online Product sales service on the website below:
Part 2 of these general terms and conditions, hereinafter referred to as the “Terms”, is exclusively reserved for professional Buyers acting in direct connection with their professional activity.
ARTICLE 1 – DEFINITIONS
The terms used within the Terms shall have the meaning given to them below:
Buyer: natural or legal person purchasing Products through the Websites
Order: purchase order placed by the Buyer for one or more Products and accepted by the Seller in accordance with the Terms
Email: computerised document that a user enters, sends or consults on a deferred basis via a network.
Internet: global network combining telecommunications resources and server and client computers, intended for the exchange of electronic messages, multimedia information and files. It operates using a common protocol that enables messages divided into independent packets to be routed from one point to another.
Party(ies): the Buyer and/or the Seller
Product: goods offered for sale on the Websites by the Seller
Websites: websites accessible at the addresses mentioned in the preamble, on which the Seller offers the Products for sale
Seller: SOLUTIONS ELASTOMERES SAS, 10 rue Ferdinand – 42000 SAINT-ETIENNE (France) Tel: +33 4 77 47 51 92 Fax: +33 4 77 47 02 54 – email: [email protected] - RCS 488574971 (Saint-Etienne) – VAT: FR23 488 574 971 – Share capital €65,000, offering Products for sale through the Websites.
ARTICLE 2 – PURPOSE
The purpose of the Terms is to define the rights and obligations of the Seller and the Buyer in connection with the sale of Products through the Websites.
ARTICLE 3 – SCOPE OF APPLICATION
The Terms apply to all sales of Products by the Seller to the Buyer, carried out through the Websites, unless specific terms have been agreed between the Parties.
An Order shall only be taken into account by the Seller after the Buyer has first accepted the Terms.
The Terms shall prevail over the Buyer’s general purchasing terms.
ARTICLE 4 – ORDER
The Buyer places their Order through the Websites, by fax, by email or by post.
All contractual information is presented in French on the Websites and will be confirmed by email or fax at the latest at the time of delivery.
The Buyer declares that they have read the Terms before placing their Order and acknowledges that validation of their Order implies acceptance of the Terms.
The Buyer also acknowledges that the Terms are made available to them in a manner allowing their storage and reproduction, in accordance with Article 1369-4 of the French Civil Code.
To place the Order, the Buyer must provide the Seller with personal data and complete an online form accessible from the Websites.
The sales contract between the Seller and the Buyer is formed when the Buyer clicks on the “Confirm” button when confirming their Order.
Until this final stage, the Buyer will have the possibility to return to the previous pages and correct and modify their Order and the information previously provided.
A confirmation Email, acknowledging receipt of the Order and summarising all this information, will then be sent to the Buyer as soon as possible.
The Buyer must therefore provide a valid email address when completing the fields relating to their identity.
Each Order will result in the issuance of an invoice delivered to the Buyer once the sale has been completed.
In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by Email, fax or telephone as soon as the Seller becomes aware of this unavailability.
The Seller will then offer the Buyer the possibility of providing, in exchange for the ordered Product, a Product of equivalent quality and price.
In the event of an Order placed by a Buyer who has not paid previous Orders, the Seller may refuse to fulfil the Order, without the Buyer being entitled to claim any compensation on this basis. This refusal shall result in reimbursement to the Buyer of the price of this Order if their bank account has been debited.
ARTICLE 5 – PAYMENT
The prices of the Products indicated on the Website pages correspond to net prices, excluding tax and excluding transport.
The Products will be invoiced to the Buyer on the basis of the rates in force at the time the Order is validated.
Payment for the Order shall be made according to the following methods, after agreement between the two parties:
- by cheque, bank transfer, credit card or PayPal at the time of order
- by accepted or domiciled bill of exchange, by bank transfer, or by promissory note within a maximum period of 45 days after invoice
The payment order made by bank card or PayPal cannot be cancelled. Consequently, payment of the Order by the Buyer is irrevocable, without prejudice to the Buyer’s right to subsequently cancel the Order.
The due date is indicated on the invoice.
Late payment shall automatically result in late payment penalties from the day following the date indicated on the invoice, this rate being not less than one and a half times the statutory interest rate.
The Order may be cancelled and the sale terminated by the Seller and, where applicable, the Product returned, in the event of non-payment 30 days after the Seller has sent a formal notice to pay that remains unsuccessful.
OWNERSHIP OF THE PRODUCT SHALL ONLY BE TRANSFERRED TO THE BUYER ONCE THE SELLER HAS RECEIVED FULL PAYMENT OF THE PRICE.
ARTICLE 6 – MODIFICATION OF THE ORDER
The Buyer wishing to modify or cancel the Order shall send the Seller a registered letter with acknowledgement of receipt.
However, this request may not be taken into account if the letter is sent after the Product has been dispatched.
A confirmation acknowledging receipt of this request will be sent to the Buyer by email or fax.
ARTICLE 7 – DELIVERY – TIMEFRAME
Delivery is made to the address indicated by the Buyer when placing the Order, or by notice of availability in the absence of the recipient.
Orders are processed according to their order of validation and Product availability.
The delivery times indicated when placing the Order are purely indicative and depend on supply and transport possibilities.
Exceeding this timeframe shall not give rise to any late penalty.
In the event that the delivery timeframe is exceeded by more than 30 days and this is not due to force majeure, an Email or fax will be sent to the Buyer and the Buyer will have the possibility to cancel the Order.
The Product will be delivered to the contact details provided by the Buyer in the form completed when placing the Order and will travel at the Buyer’s risk.
ARTICLE 8 - RECEIPT
In the event of damage or partial loss of the Products, it is the Buyer’s responsibility to make reservations with the carrier.
The Buyer acknowledges that action against the carrier is extinguished if the carrier has not been notified of the Buyer’s reasoned claim, by extrajudicial act or registered letter, within three days following receipt.
Notwithstanding reservations made with the carrier, the Buyer may submit complaints to the Seller within 7 days following receipt in the event of defects, shortages or non-conformity of the Products delivered with the specifications of the Order.
This complaint must be made by sending the Seller a registered letter with acknowledgement of receipt.
Any complaint made outside the period provided for above will not be taken into account by the Seller.
In the event of defects, shortages or non-conformity of the Product, established by the Buyer and noted by the Seller, the Product will be replaced or repaired according to the Buyer’s stated preference.
The Parties agree that a Product may only be returned to the Seller after the Seller’s prior express authorisation.
Products are returned at the Buyer’s expense and risk.
If the Product is not returned in the condition in which it was delivered, the Buyer may not be reimbursed for its full price.
ARTICLE 9 – WARRANTY
The Buyer benefits from the warranty against hidden defects for the Product as provided for in Articles 1641 to 1649 of the French Civil Code.
The warranty shall not apply to deterioration due to wear or non-compliant use of the Product by the Buyer.
ARTICLE 10 – LIABILITY
The Seller is automatically liable towards the Buyer for the proper performance of the Order.
However, the Seller’s liability shall not be incurred if the Seller proves that the non-performance or improper performance of its obligations is attributable to the Buyer, to the unforeseeable and unavoidable act of a third party unrelated to the provision of the services provided for in the Terms, or to a case of force majeure.
The Seller shall not be held liable for damage resulting from fault by the Buyer in the use of the Products.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements published on the Website, such as sounds, images, photographs, videos, texts, animations, programmes, graphic charter, utilities, databases and software, are protected by the provisions of the French Intellectual Property Code and belong to the Seller.
The Buyer undertakes not to infringe the intellectual property rights relating to these elements and in particular not to reproduce, represent, modify, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part thereof, excluding acts necessary for their normal and compliant use.
ARTICLE 12 – PERSONAL DATA
The Buyer is informed that, during browsing and in connection with the Order, personal data concerning the Buyer is collected and processed by the Seller as data controller, in particular through the online form intended for placing the Order.
The Buyer is informed that the Order cannot be placed if this form is not properly completed.
This form indicates which fields are optional or mandatory.
The recipients of the data thus collected will be the members of the Solutions Elastomères sales team.
This processing has been declared to the Commission Nationale Informatique et Libertés in accordance with Law No. 78-17 of 6 January 1978.
This data is used for processing the Order as well as for improving and personalising the services offered by the Seller.
It is not intended to be transmitted to third parties.
The Buyer has the right, on legitimate grounds, to object to the processing of personal data concerning them.
The Buyer has the right, free of charge, to object to the use of data concerning them for prospecting purposes, in particular commercial prospecting, by the Seller or by the controller of subsequent processing.
The Buyer, provided they prove their identity, has the right to question the Seller in order to obtain confirmation as to whether or not personal data concerning them is subject to such processing, information relating to the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data is communicated, where applicable, information relating to envisaged transfers of personal data to a State that is not a member of the European Community, communication, in an accessible form, of the personal data concerning them as well
as any available information as to the origin thereof, and information enabling them to know and contest the logic underlying automated processing in the event of a decision taken on the basis thereof producing legal effects in respect of the data subject.
The Buyer is informed that a copy of the personal data may be provided to them upon request.
The Buyer, provided they prove their identity, also has the right to require the Seller to rectify, complete, update, block or erase personal data concerning them that is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or retention is prohibited.
To exercise this right, the Buyer shall send a letter to the Seller in its capacity as data controller, at the following address: SOLUTIONS ELASTOMERES – Complaints Department - 10 rue Ferdinand – 42000 Saint-Etienne.
When the Buyer so requests, the Seller must prove, free of charge for the Buyer, that it has carried out the requested operations.
The Buyer is informed that in the event of a dispute, the burden of proof lies with the Seller, except where it is established that the disputed data was communicated by the Buyer or with their agreement.
The Buyer is also informed that, when a modification of the record is obtained, the Buyer is entitled to reimbursement of the costs corresponding to the cost of the aforementioned copy.
ARTICLE 13 – AGREEMENT ON EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Terms.
Both Parties agree that Emails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, particularly with regard to the transmission and acceptance of Orders.
ARTICLE 14 – PARTIAL INVALIDITY
If one or more of the provisions of the Terms were deemed unlawful or void, such invalidity would not result in the invalidity of the other provisions of these Terms, unless those provisions were inseparable from the invalidated provision.
ARTICLE 15 – APPLICABLE LAW
The Terms are governed by French law.
ARTICLE 16 – JURISDICTION
The Parties agree that, in the event of a dispute that may arise concerning the performance or interpretation of the Terms, they will endeavour to find an AMICABLE solution.
If this attempt at amicable resolution of the dispute fails, the matter shall be brought before the Courts of Saint-Etienne (42).
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