Terms of Sales
These general terms and conditions of sale (hereinafter the "GTC") apply to any purchase made by a professional (hereinafter the "CUSTOMER") on the website http://www.proferia.com (hereinafter after the “SITE”) with SAS GED GLOBAL EQUIPMENT DISTRIBUTION, SAS, registered in the LYON Trade and Companies Register under number 892226374, having its registered office at 469 Avenue BEN GOURION, 69009 LYON, France Tel: 0972 105 205, email : info@ged-group.com (hereinafter the “SELLER”).
IMPORTANT
Any order placed on the SITE or by direct offer by ESTIMATE necessarily implies the unconditional acceptance of these GCS and waiver of any general conditions of purchase of the CUSTOMER.
1. DEFINITIONS
The terms mentioned below have the following meaning in these T&Cs:
“CUSTOMER”: designates the co-contractor of the SELLER, who guarantees to have the quality of professional as defined by French law and case law. As such, it is expressly provided that the CUSTOMER acts within the framework of his usual or commercial activity.
“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated when ordering.
“PRODUCTS”: refers to all the products offered for sale by the SELLER and available on the SITE.
“TERRITORY”: refers to Metropolitan FRANCE and Corsica and EUROPE (EEA).
“USER”: designates any person who accesses and browses the SITE.
2. PURPOSE
These GCS govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS available on the SITE and in our brochures / catalogs. The CUSTOMER is clearly informed and acknowledges that these GCS govern any order placed on the SITE or by direct offer of QUOTATIONS by a CUSTOMER for the purchase of a PRODUCT.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
Except for a written framework contract between the SELLER and the CUSTOMER, these GTC and those possibly granted or negotiated are only valid for a specific sale. Their possible repetition from one sale to another sale does not in any way create an acquired right for the benefit of the CUSTOMER or any framework contract between the SELLER and the CUSTOMER. The CUSTOMER must carefully read these terms and accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE. These T&Cs are referenced at the bottom of the SITE by means of a link and must be consulted and then accepted before placing the order. The CUSTOMER is invited to carefully read, download, print the T&Cs and keep a copy. The CUSTOMER undertakes to read the T&Cs for each new order, the latest version of the said T&Cs applying to any new order of PRODUCTS. By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the T&Cs without limitation or condition.
4. CONTRACTUAL DOCUMENTS
These T&Cs consist of the following contractual documents:
The present document ; Annexes.
It is understood that these contractual documents are mutually explanatory. However, in the event of contradiction or discrepancy between the terms of these contractual documents, they will prevail in the order in which they are listed above, the document of the higher rank prevailing over the lower rank.
5. CUSTOMER INFORMATION
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
6. ORDERS
6.1. Characteristics of the PRODUCTS
The SELLER undertakes to present the essential characteristics of the PRODUCTS on the SITE or in the Annex Brochures and the information required under applicable law.
Therefore, the CUSTOMER agrees to read them carefully before placing an order.
After having read it, the CUSTOMER, under his sole responsibility and according to his own needs, chooses the PRODUCT(S) subject to his order. The responsibility of the SELLER cannot be retained in any way in this respect. The availability of the PRODUCTS is communicated directly to the customer by email or other means. Unless expressly stated otherwise, all the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
6.2. order procedure
Orders for PRODUCTS are placed directly on the SITE or via a direct offer by Estimate following contact with an adviser. To place an order online, the CUSTOMER must follow the steps described below.
6.2.1. Selection of PRODUCTS and purchasing options.
The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired quantity or, where applicable, the characteristic of the desired PRODUCT. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The CUSTOMER can add as many PRODUCTS as he wishes to his basket.
6.2.2. Online Orders
Once the PRODUCTS have been placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not done so yet, he will be asked to identify himself or register (optional). Once the CUSTOMER has validated the contents of the basket, an online form will be automatically completed and summarizing the price, applicable taxes and delivery costs, if applicable.
The CUSTOMER is invited to check the content of his order (including the quantity and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
After verification, the CUSTOMER can then proceed to secure payment for the PRODUCTS by following the instructions on the SITE and providing all the information necessary for invoicing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for their processing.
The order will be validated definitively from the full payment of the price of the PRODUCTS ordered, in principal and accessories, it being specified that the sale concluded between the SELLER and the CLIENT.
The order will be canceled if it turns out that the CUSTOMER has not fully or partially paid for other previous orders placed on the SITE.
6.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
6.2.4. Billing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER must also specify the means of payment chosen. Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
6.3. Date of the order
The date of the order is the date on which the CUSTOMER proceeds to the total or partial payment of his order. Time limits do not begin to run until this date.
6.4. Price
For all the PRODUCTS, the CUSTOMER will find on the SITE or the brochures prices displayed in euros excluding tax, as well as the applicable delivery costs.
In particular, the prices do not include value added tax (VAT) at the rate in force on the date of the order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The price including taxes is indicated in the basket,
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE and the brochures may change. They can also be modified in the event of special offers or sales. The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE and the brochures on the date on which the order is placed by the CLIENT.
In the event of default or late payment, the SELLER applies late payment penalties calculated as follows:
Late payment penalties = (amount including VAT of the invoice * LEGAL RATE APPLICABLE FOR THE SEMESTER) * (number of days late in the semester / 365)
The APPLICABLE LEGAL RATE means the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
Late payment penalties are payable the day following the payment date appearing on the invoice without the need for a reminder. Any CUSTOMER in a situation of late payment is automatically indebted, with regard to the creditor, to a lump sum compensation for recovery costs in the amount of 40 euros. When the recovery costs incurred exceed the amount of this fixed compensation, the SELLER may request additional compensation, upon justification.
6.5. Availability of PRODUCTS
In case of permanent unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order.
The unavailability of a PRODUCT will in principle be communicated. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT as soon as possible if the PRODUCT is unavailable.
The SELLER may, if the parties agree:
Propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
Propose a pre-order for the PRODUCTS IN Restocking.
Propose a paid Rental while waiting for the Restocking of the Package: €15 excl. VAT / day (excluding transport costs)
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
7. DELIVERY
The terms of delivery are set out in Appendix 1.
8. PAYMENT
8.1. Means of payment
The CUSTOMER may pay for his PRODUCTS using the means offered by the SELLER. (Transfer, Checks, Bank Card)
The CUSTOMER guarantees the SELLER that he has all the authorizations required to use the means of payment chosen. It is specified in this respect that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
8.2. Payment deadline
The deadline for payment of the sums due by the CLIENT is set by the SELLER. In the event of a periodic invoice and Financing, this deadline will be indicated on the Commercial offer._cc781905-5cde-3194-bb3b -136bad5cf58d_
Orders are shipped only in the event of Total or Partial payment.
8.3. Payment date
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
The date of the first Payment determines the Order Date and represents the starting point of all delays.
8.4. Refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CLIENT proves impossible, the order will be canceled and the sale automatically terminated.
9. TRANSFER OF OWNERSHIP
The SELLER retains ownership of the PRODUCTS until full payment of the price, in principal, interest and accessories, even if a payment period is granted. Any clause to the contrary, notably inserted in the CUSTOMER's general conditions of purchase, is deemed unwritten. As such, if the customer is the subject of a reorganization or a judicial liquidation, the SELLER reserves the right to claim, within the framework of the collective procedure, the PRODUCTS sold and remained unpaid. As of DELIVERY, the CUSTOMER is the depository and guardian of said PRODUCTS. In the case of non-payment and unless the SELLER prefers to request the full execution of the sale, the SELLER reserves the right to consider the sale as resolved for fault, after formal notice remained unsuccessful for 15 days and to claim the delivered goods, the return costs remaining the responsibility of the CUSTOMER and the payments made being acquired by the SELLER as a penalty clause.
The delivered goods will be recovered in the event of non-payment of a due date.
10. TRANSFER OF RISKS
Unless specifically agreed otherwise between the parties, the transfer to the CUSTOMER of the risks of theft, loss, deterioration or destruction takes place upon delivery or in the event of delivery to a carrier upon delivery of the goods to the first carrier.
11. WARRANTIES
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would not have given it than a lower price, if he had known them (used machine for example). This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned. In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER. The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
Goods called “Used” are excluded from legal warranties. They may however, on a case-by-case basis, be subject to certain Warranties Communicated by the SELLER.
12. LIABILITY
Unless public order provisions to the contrary, the SELLER shall not be liable for the occurrence of any damage of any nature whatsoever resulting directly or indirectly from the use or the impossibility of use of the PRODUCTS and in particular:
The SELLER shall not be liable for the occurrence of any special, indirect or incidental damage such as, in particular, drop in production, loss of profits, even if the CUSTOMER has been warned of the possibility of the occurrence of such damage or loss;
The SELLER shall not be liable in the event of loss or destruction of any property, damage or expense resulting directly or indirectly from the use, misuse or inability to use the PRODUCT by the CUSTOMER, and this independently or in combination with another product;
The SELLER shall not be liable for any commercial loss of any kind whatsoever; the SELLER shall under no circumstances be required to provide replacement equipment.
Under no circumstances shall the contractual liability of the SELLER, as it may be incurred pursuant to these GCS, exceed the amount of the sums paid or remaining to be paid by the CLIENT for the purchase of the PRODUCT in question.
The SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no guarantee is provided as to their content.
13. FORCE MAJEURE
The responsibility of the SELLER cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GCS results from a case of force majeure. There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation. by the debtor. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code. As such, the responsibility of the SELLER cannot be engaged in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of the SELLER occurring after the conclusion of the GCS and preventing the execution under normal conditions. It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot bring any action against the SELLER. In the event of the occurrence of one of the aforementioned events, the SELLER will endeavor to inform the CLIENT as soon as possible.
14. PERSONAL DATA
The SELLER collects personal data about its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting mail, news-letters , promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER. The CLIENT's data is kept confidential by the SELLER, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners. In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons at with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of persons concerned. It is recalled that the CUSTOMER whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of the information which concerns him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the General European Regulation on the Protection of Persons (GDPR). In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without costs. The CLIENT may exercise these rights by sending an e-mail to the address: info@ged-group.com or by sending a letter to 469 Avenue Ben Gurion, 69009 LYON. It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
15. INTELLECTUAL PROPERTY
All the visual and sound elements of the SITE and the brochures, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the Site must request authorization from the SELLER in writing. This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the Site that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited. Any representation or reproduction, total or partial, of the SITE and its content, by any process whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following. and articles L.713-1 and following of the Intellectual Property Code. Acceptance of these T&Cs implies recognition by the CLIENT of the SELLER's intellectual property rights and a commitment to respect them.
16. VALIDITY OF THE GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these T&Cs shall not affect the validity of these T&Cs. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these GCS. All conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector for individuals, for companies whose head office is located in France.
17. MODIFICATION OF THE GENERAL CONDITIONS
These T&Cs apply to all purchases made online on the SITE and through informed direct sales, as long as the SITE is available online. These T&Cs are dated precisely and may be modified and updated by the SELLER at any time. However, it is specified that the applicable T&Cs are those in force at the time of the order. Thus, the modifications made to the GCS will not apply to the PRODUCTS already purchased.
18. ATTRIBUTION OF JURISDICTION AND APPLICABLE LAW
THE COMPETENT COMMERCIAL COURT IN WHICH THE SELLER'S HEAD OFFICE IS LOCATED SHALL HAVE JURISDICTION TO HEAR ANY DISPUTE ABOUT THE APPLICATION OF THESE GTS AND THEIR INTERPRETATION, THEIR EXECUTION AND THE SUBSEQUENT SALES AGREEMENTS CONCLUDED BY THE SELLER, OR ON THE SUBJECT OF THE PAYMENT OF THE PRICE, AND THIS EVEN IN THE CASE OF DEBTS, APPEAL IN WARRANTY OR REFERRAL. HOWEVER, THE SELLER RESERVES THE RIGHT TO SUE THE CUSTOMER BEFORE THE COMMERCIAL COURT IN WHICH THE CUSTOMER HAS HIS RESIDENCE. THESE TERMS AND CONDITIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
However, prior to any recourse to the arbitration or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to these GCS, including relating to its validity. The PARTY wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the PARTIES are unable to reach an agreement, the dispute will be submitted to the competent court designated below. Throughout the negotiation process and until its outcome, the PARTIES refrain from taking any legal action against each other and for the conflict subject of the negotiation. By way of exception, the PARTIES are authorized to seize the court of summary proceedings or to seek the pronouncement of an order on request. A possible action before the court of summary proceedings or the implementation of a procedure on request does not entail on their part any waiver of the amicable settlement clause, unless expressly agreed otherwise.
APPENDIX 1 - DELIVERY POLICY
Delivery zone
The PRODUCTS offered can only be delivered on the TERRITORY OF FRANCE AND EUROPE. It is impossible to place an order for any delivery address located outside the EUROPEAN ZONE. The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.
delivery time
It is expressly agreed that the delivery time is purely indicative and does not bind the SELLER. The buyer may not request the cancellation of the sale, refuse the Products and/or claim damages in the event of one or more delays in delivery of the Product.
Possible delays may occur on an exceptional basis (bad weather, holidays and vacations, strikes, occasional closures of our manufacturers, force majeure, natural disasters). In case of delay, the responsibility of the seller cannot be engaged, and this, for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, or late payment penalty or damages, may be claimed by the buyer.
In the event of an online order or distance selling, except in the event of force majeure or during closing periods clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Manufacturing and/or shipping times run from the date of receipt of full payment.
The Products acquired by the Buyer will be delivered within the maximum period indicated on the corresponding order form duly signed and accompanied by the amount of the deposit due on that date. This period does not constitute a strict period and the Seller cannot be held liable with regard to the Buyer in the event of a delay in delivery not exceeding 60 days. The responsibility of the Seller can in no case be engaged in the event of delay or suspension of delivery attributable to the Buyer or in the event of force majeure.
The deadlines for preparing an order and then drawing up the invoice, before shipping the PRODUCTS in stock, are mentioned to the CLIENT. These deadlines do not include weekends or public holidays. An electronic message will be automatically sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and formulas for the PRODUCTS purchased. Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased. Details of delivery times and costs are detailed on the order.
DELIVERY terms
The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document. In case of absence, a transit advice note will be left to the CUSTOMER, in order to allow him to pick up his parcel in his post office or at the nearest relay.
The products ordered are delivered by an independent carrier, depending on the size and weight of the products ordered and at the sole initiative of the SELLER. It is also possible, under certain conditions (by appointment, and using a form from our company), for the buyer to go on site, in order to be able to withdraw the goods directly at his own expense and risk.
DELIVERY problems
The DELIVERY time indicated when ordering is given for information only and is not guaranteed. Consequently, any delay in the provision of the products cannot give rise to the benefit of the CUSTOMER: the allocation of damages; the allocation of penalties; cancellation of the order. It is up to the customer to check the PRODUCTS delivered as soon as they are DELIVERED. In the event of missing, damaged or apparent non-conformity products, the CLIENT must make all the necessary reservations on the delivery note upon receipt of the said PRODUCTS. Otherwise, the CUSTOMER is deemed to have accepted the PRODUCTS without reservation. The CUSTOMER must provide any justification as to the reality of the defects observed, the SELLER reserving the right to proceed, directly or indirectly, to any observation and verification on site. The return of non-compliant PRODUCTS is subject to the prior acceptance of the SELLER. Otherwise, the CUSTOMER is deemed to have accepted the PRODUCTS without reservation. In the event of non-payment in full of an invoice that has expired, after formal notice that has had no effect within 48 hours, the SELLER reserves the right to suspend any DELIVERY in progress and/or to come.