General Terms and Conditions of Sale for Business Customers
These general conditions of sale apply to all sales to Businesses concluded on the website European HDD PCBs.
If you aren't a Business customer please read B2C Terms of Sale.
The European HDD PCBs website is a service of:
- The FreeDam Sole Proprietorship
- Registered Address: 6 rue des Bottiers, 49230 St Germain sur Moine, France
- Website address: hddpcb.eu
- E-mail address: firstname.lastname@example.org
- Phone: 0241555854
The European HDD PCBs website markets the following products: Used hard disk (HDD) printed circuit boards.
The customer declares to have read and accepted the general conditions of sale prior to the placing of their order. The validation of an order is therefore seen as an acceptance of the general conditions of sale.
Article 1 - Principles
These terms and conditions express the full obligations of the involved parties. They constitute the sole basis of the commercial relationship between the involved parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale prevail over any other document, including all general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.
The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify their general conditions. They will be applicable as soon as they are posted online.
In the event that a sale should fail, it would be considered to be governed by the practices in force in the sector of distance selling whose companies have headquarters in France.
These general conditions of sale are communicated to any buyer who requests it, in order to allow them to place an order.
The present general conditions of sale are applicable until December 31, 2018.
Article 2 - Content
These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods and products offered by the seller to the buyer.
These conditions apply to purchases made on this website and delivered everywhere in the world
Article 3 - The order
The buyer places their order online, from the online catalogue and using the form on the website.
In order for the order to be validated, the buyer will have to accept, by clicking on the place indicated on the site, the present general conditions. Its acceptance will lead to the sending of a confirmation email from the seller, in accordance with the conditions described below.
The buyer will have to choose the address and the delivery method. Payment is made by direct debit.
Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees as mentioned below.
In some cases, including payment default, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.
In case of unavailability of a product ordered, the buyer will be informed by email.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.
For any question regarding the follow-up of an order, the buyer can:
- call the following number: 0241555854 (cost of a local call), on the following days and times: Monday to Friday from 10h to 12h15 and from 14h to 20h,
- Send an e-mail to the following address: email@example.com.
Article 4 - Electronic Signature
The online supply of the buyer's bank details and the final validation of the order will be proof of the agreement of the buyer. This will allow the seller to obtain the payment of the sums due under the purchase order and this will be worth signing and express acceptance of all transactions.
In case of fraudulent use of the bank details, the buyer is invited, upon the finding of this use, to contact the seller by calling the following number: 0241555854, or by sending an email to the following address: firstname.lastname@example.org.
Article 5 - Confirmation of order
Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer in the order form. / p>
Article 6 - Proof of the transaction
Computerized records kept in the vendor's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 7 - Product Information
Products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred regarding this presentation, the seller's liability may not be engaged.
The photographs of the products are not contractual.
Article 8 - Price
The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the on-line shop.
Payment of the full price must be made when ordering. At no time, may any the sums paid be considered as a deposit or instalments.
If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the products.
The buyer may benefit from discounts and reductions, depending on the specific conditions specified when ordering.
Article 9 - Method of payment
This is an order with payment obligation, which means that placing the order involves a payment from the buyer. Payment of the order is made by:
- withdrawal from the bank account of the buyer. The buyer must enter their bank details in the place provided and confirm this entry by attaching a document confirming their bank details (known to French banks as a ‘RIB’) to the order form.
The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization from officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not fully or has only partially paid a previous order or with whom a payment dispute is being treated. . The seller has implemented an order verification procedure to ensure that no one uses the bank details of another person without his knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of a piece of identification and a proof of address. The order will be validated only after receipt and verification by the seller of the parts sent.
Article 10 - Availability of products
Except in case of force majeure or during the closing periods clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
In case of delay, the responsibility of the seller cannot be engaged for any reason whatsoever. Therefore, no claim of any nature whatsoever, can be claimed by the buyer.
In case of unavailability of the ordered product, the buyer will be informed at the earliest pssible opportunity, and will have the option to cancel their order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 11 - Terms of delivery
Delivery is made only after confirmation of payment by the seller's bank.
It is provided within the time specified in Article 10, from the receipt by the seller of the order form.
Any delay greater than 2 weeks may result in the dissolution of the sale. The payment made to the order site will then return to the buyer.
In case of non-compliance with the terms of payment listed above, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be redelivered at the expense of the buyer.
The buyer can, at their request, arrange for an invoice to be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the driver will leave a calling card in the mailbox, which will allow the package to be picked up at the specified place and time.
If at the time of delivery, the original packaging is damaged, torn open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (parcel refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).
This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at address indicated in the legal notice of the site.
If products need to be returned to the seller, they must be returned to the seller within 14 business days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).
Article 12 - Delivery Errors
The buyer must communicate with the seller the same day as the delivery or at the latest the first working day following the delivery, any claim of error of delivery and / or nonconformity of the products in kind or in quality. Compared to the indications on the order form. Any claim made after this time will be rejected.
The complaint can be made, at the choice of the buyer, by contacting the seller by email or phone.
Any claim not made in the rules defined above and within the time limits cannot be taken into account and release the seller from any responsibility vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Lettre suivie (tracked letter), at the following address: 6 rue of Bottiers, 49230 St Germain sur Moine.
The return shipping costs are the responsibility of the seller.
Article 13 - Product Warranty
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a design or supply defect of the services to the exclusion of any negligence or fault of the buyer.
In the event that the seller's liability is withheld, the seller's guarantee will be limited to the amount paid by the purchaser for the purchase of the goods, excluding VAT.
Article 14 - Right of withdrawal
As the buyer is a professional purchasing within the framework and for the needs of their profession, it is not necessary to apply the right of withdrawal provided for by the code of consumption.
Article 15 - Force majeure
Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered as grounds for exoneration of the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence and their disappearance.
All facts or circumstances uncontrollable, external parties, unpredictable, inevitable, beyond the control of the parties which cannot be prevented by them, despite all efforts reasonably possible will be considered as force majeure. Expressly, these are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other clauses will keep all their strength and reach.
Article 17 - Non-Waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations set out in these terms and conditions cannot be interpreted in the future as a waiver of the obligation in question.
Article 18 - Applicable law
These general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.
If they do not succeed, the parties will submit the dispute to the Commercial Court.