General terms and conditions of sale

SAS EOLE FRANCE Share capital of €20,000 VAT number: FR64 832 758 759 256 allée de la Fontaine de Valescure 83700 SAINT RAPHAEL SIRET: 83275875900027 Telephone number: +33 (1) 9 72 65 58 50 E-mail address: contact@www.eolefrance.frGeneral terms and conditions of sale for products sold on the website: eolefrance.frLast updated on 27 September 2018These terms and conditions govern sales by SAS EOLE FRANCE for all products marketed by the website: eolefrance. fr.SAS EOLE FRANCE, hereinafter referred to as the seller,manufactures and sells industrial air-conditioning and refrigeration equipment. The seller markets the aforementioned goods through the eolefrance.fr website.The list of goods offered for sale online by the seller can be consulted on this website.

The parties agree that the photos of the goods for sale on the site have no contractual value. Unless otherwise specified, the products marketed by the seller originate from the factory and are sold as is, without transformation. The parties agree that their relations will be governed exclusively by the present contract. Any service provided by SAS EOLE FRANCE therefore implies the buyer’s unreserved acceptance of the present general conditions of sale.

However, when the seller acts as a factory agent, orders placed by SAS EOLE FRANCE are subject to the supplier’s specific conditions insofar as they derogate from these general terms and conditions of sale. The seller reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale are those in force on the date of the order.

Article 1 – Purpose

The purpose of this contract is to define the rights and obligations of the parties in the context of the online sale of goods offered for sale by the seller to the customer.

Article 2: Scope of application

SAS EOLE FRANCE’s offer is exclusively intended for professionals. By placing an order, the customer confirms that he/she will use the goods in the context of his/her professional activity. The customer declares that he/she has read and understood these general terms and conditions of sale before validating his/her order, as defined in article 4. Validation of the order therefore implies unreserved acceptance of these general terms and conditions of sale.

Article 3: Entry into force and duration

This contract comes into force on the date of validation of the order as defined in article 4. The contract is concluded for the duration necessary for the supply of the goods until the extinction of the guarantees and obligations of the seller.

Article 4: Ordering the goods and concluding the online sale

In order to complete the order, the customer must follow the following steps: – Enter the site address – Follow the instructions on the Site and, in particular, the instructions for opening a customer account – Complete the order form. In the event of prolonged inactivity during connection, it is possible that the selection of goods chosen by the customer before this inactivity is no longer guaranteed. In this case, the customer is invited to restart the selection of goods from the beginning – Check the order details and, if necessary, identify and correct any errors – Confirm the order, the total price and the all-inclusive price Once the seller has received payment, the customer will receive electronic confirmation of the order The seller undertakes to honour the order only within the limits of available stocks of goods.
However, the seller reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other legitimate reason and, in particular, if there is a dispute with the customer concerning payment for a previous order.

Article 5: Price of goods and conditions of validity

The price of goods sold on the site is indicated by article and/or by reference Unless otherwise agreed, the seller’s prices are those in force on the day of the order. They are indicated exclusive of tax. The seller reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in force at the time of validation of the order, subject to availability. All orders, whatever their origin, are payable in euros. In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of SAS EOLE FRANCE. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to obtain information on these aspects from your local authorities.

Article 6: Terms of payment

Payment of the order must be made via the secure PAYPAL or STRIPE site. In the event of it being impossible to debit the price, the online sale will be immediately cancelled by operation of law and the order will be cancelled.

Article 7: Delivery of the order

7.1 Delivery methods Delivery is carried out under the conditions set out below: – either by handing over the goods directly to the purchaser; – or by sending a notice to the purchaser that the goods are available in the shop; – or at the location indicated by the purchaser on the order form. In all cases, delivery, regardless of the method chosen, can only take place once the seller has received the relevant payment.

7.2 Delivery times Delivery times are available on the Site and may vary depending on the availability of the goods ordered. Delivery times are given in working days and correspond to the average time taken to prepare and send the order within the country. They run from the date of confirmation of the order.

The delivery time indicated when the order is registered is given as an indication only and is in no way guaranteed. 7.3 Delay in delivery The delivery time indicated when the order is registered will be respected as far as possible. Consequently, any reasonable delay in the delivery of the products will not give rise to: – the allocation of damages; – the cancellation of the order.

7.2 – Suspension of delivery All events affecting the seller or its suppliers, such as strikes, lock-outs, riots, mobilisation, war, floods, fire, material accidents, epidemics, total or partial bans by national or international administrative authorities, changes in import or exchange conditions, shortages of raw materials and/or energy, production limitations, supply disruptions, etc. 7.3 – Cancellation of the order in the event of suspension of delivery In the above case, the buyer may request cancellation of the order if it does not wish to bear the suspension of deliveries in progress. 7.4 -Place The seller’s goods are deemed to have been taken and approved in its warehouses as soon as the sales contract is concluded, even in the event of total or partial delivery by carrier or by the seller’s own vehicles. 7.5 -Loading Loading is the responsibility of the person who drives the vehicle. 7.6 -Pick-up of goods Goods picked up travel at the sole risk and peril of the buyer. 7.7 -Transport costs Unless otherwise agreed, transport costs are payable by the buyer. 7.8 -Unloading By express agreement, unloading at the place of delivery is carried out exclusively by the buyer and under the buyer’s responsibility, regardless of whether the unloading operations are carried out by the driver of the seller’s company or by the driver of the carrier chosen by the seller. 7.9 – Acceptance of the goods Delivery can only take place if the goods have been accepted; if this is not the case, the seller reserves the right to charge the buyer for the cost of returning and re-presenting the goods and for all related handling costs. 7.10 – Checking the quantity and nature of the product The customer is obliged to check the condition of the packaging and the items on delivery. It is the customer’s responsibility to make any reservations or complaints that they consider necessary, or even to refuse the parcel if it is clearly damaged on delivery. The said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the goods. The customer must also send a copy of this letter to the seller. Failure to lodge a complaint within the aforementioned period extinguishes any action against the carrier in accordance with article L 133-3 of the French Commercial Code.

In the event of delivery that does not comply with the order, the goods in question must be returned to the seller by the buyer in the condition in which they were supplied. 7.11 -Tolerances The seller’s deliveries are made subject to the manufacturers’ tolerances on quantities, dimensions, thickness and quality characteristics.

Article 8: Rescission actions

In the event of non-compliance with these general terms and conditions or the specific terms and conditions of sale, the seller reserves the right to request either the cancellation of the sale or its compulsory execution.

Article 9: Complaints

The customer must send any complaints to the seller by post or e-mail, quoting the reference number and date of the order.

Article 10 – WARRANTY

10.1 -Apparent defect Any apparent defect is covered by acceptance of the seller’s goods without reservation. 10.2 -Hidden defect The seller’s liability in this respect is that provided for in articles 1641 et seq. of the French Civil Code. 10.3 -Any defects inherent in the material shall only oblige the seller to replace the goods outright, to the exclusion of any contribution to any damage suffered. 10.4 -The company does not accept any return of goods without prior authorisation. Returns of goods which are not attributable to the company and which are accepted will in all cases be subject to a reduction in the trade-in value of at least 15% of the invoice value.

11 – WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

In accordance with article 18 of decree 2005-829 of 20 July 2005 dealing with the composition of electrical and electronic equipment, as well as the elimination of waste from this equipment, the commitment to set up and finance the collection and treatment of this waste is left to the user, unless expressly provided for by agreement or regulation. Consequently, the user organises the collection of the equipment concerned, its treatment and its recovery in accordance with article 21 of the said decree.

12 – INTELLECTUAL PROPERTY

All elements of the emi-air-comprimé.com website are and remain the exclusive intellectual property of SAS EOLE FRANCE. No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of SAS EOLE FRANCE.

13 – JURISDICTION

In the event of a dispute, French law alone shall apply. The courts of the territorial jurisdiction of the seller’s registered office have exclusive jurisdiction, regardless of the conditions of sale and the agreed method of payment, even in the event of a warranty claim or multiple plaintiffs or defendants.