Terms and conditions of sale to individual consumers

Preamble

These general conditions of sale apply to all sales concluded on the website European HDD PCBs for individuals.

For sales to Businesses, please read B2B  Terms of sale 

The hddpcb.eu website is a service of:

  • The FreeDam Sole Proprietorship
  • Registered Address: 6 rue des Bottiers, 49230 St Germain sur Moine, France
  • Website URL: hddpcb.eu
  • Email: damien@freedam.fr
  • Telephone: +33241555854

The European HDD PCBs website markets the following products:Hard Disk Drive 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 the 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 parties. In this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing.

They are accessible on the European HDD PCBs website and will prevail, if necessary, on any other version or any other contradictory document.

The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify the general conditions. They will be applicable as soon as they are posted.

If a condition of 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.

The present general conditions of sale are valid 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 offered by the seller to the buyer, from the European HDD PCBs website.

These purchases concern the following products: HDD Printed circuit boards.

Article 3 - Precontractual information

The buyer acknowledges having communicated, before the placing of their order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L 221-5 of the Consumer Code.

The following information is provided to the buyer in a clear and comprehensible manner:

The essential characteristics of the property;

  • The price of the good and / or the method of calculating the price
  • And, if applicable, any additional charges for transportation, delivery or postage and any other charges that may be required.
  • In the absence of immediate execution of the contract, the date or the deadline at which the seller undertakes to deliver the goods, whatever their price;
  • Information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal warranties, the functionality of the digital content and, where appropriate, its interoperability, existence and conditions of implementation of guarantees and other contractual conditions.

Article 4 - The order

The buyer has the opportunity to place an order online, from the online catalogue using the form therein, for any product, while stocks last.

The buyer will be informed of any unavailability of the product or property ordered.

In order for the order to be validated, the buyer will have to accept, by clicking on the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.

The sale will be considered final:

  • After sending the buyer the confirmation of acceptance of the order by the seller by email;
  • After receipt by the seller of the full order cost.

Any order implied 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 mentioned below.

In some cases, including payment default, wrong address or other problems on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is resolved.

For any question relating to the follow-up of an order, the buyer must call the following telephone number: +33241555854, on the following days and times: from Monday to Friday from 10am to 8pm (french Time), Saturday from 10am to noon, or send an email to the seller at the following email address: damien@freedam.fr.

Article 5 - Electronic Signature

The online provision of the credit card number of the buyer and the final validation of the order will be proof of the agreement of the buyer for:

  • Payment due under the order form,
  • Signature and express acceptance of all the operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, upon the finding of this use, to contact the seller at the following telephone number: +33241555854.

Article 6 - Order Confirmation

The seller provides the buyer with a copy of the contract by e-mail.

Article 7 - 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 8 - 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 have occurred regarding this presentation, the seller's liability may not be engaged.

The photographs of the products are not contractual.

Article 9 - Price

The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of the order, subject to availability on that date.

Prices are quoted 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 into account the VAT applicable on the day of the order and any change of the rate applicable VAT will be automatically passed on the price of the products of the on-line shop.

If one or more taxes or contributions, including environmental, created or modified, up or down, this change may be reflected in the selling price of products.

Article 10 - Method of payment

This is an order with a payment obligation, which means that placing the order involves a payment from the buyer.

To settle their order, the buyer has, at their disposition, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to refuse to honour an order from a buyer who has not fully or only partially paid a previous order or with whom a payment dispute is being treated.

The total order price is paid in full on the day of the order, according to the following terms: PayPal, Mastercard or Visa payments.

Article 11 - Availability of Products - Reimbursement - Resolution

Except in case of force majeure or during periods of closure of the online store that will be 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 the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional period.

Failing execution at the end of this new period, the buyer will be free to terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this resolution, unless the professional has since executed.

The buyer can however immediately terminate the contract, if the dates or deadlines seen above are for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all amounts paid, within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed at the earliest possible opportunity and will have the option to request either the refund of the sums paid within 14 days  their payment, or to arrange an exchange of the product.

Article 12 - Terms of delivery

Delivery refers to the transfer to the consumer of the physical possession or control of the property. The ordered products are delivered according to the terms and the deadline specified above.

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 returned at the expense of the buyer. The buyer can, at their request, obtain the sending of an invoice 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 reason on the delivery note (parcel refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwriting reason 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 any reservations to the courier 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 the indicated address in the legal notices of the site.

If the products need to be returned to the seller, they must be returned to the seller within 14 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 13 - Delivery Errors

The buyer must communicate with the seller the same day of 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:

  • Phone number: +33241555854;
  • E-mail address: contact@hddpcb.eu.

Any claim not made in the rules defined above and within the time limits cannot be taken into account and the seller is released from any responsibility vis-à-vis the buyer.

Upon receipt of the claim, the seller will assign an exchange number of the product (s) concerned (s) and will communicate this 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 buyer.

Article 14 - Product Warranty

Legal guarantee of conformity and legal guarantee of hidden defects

European HDD PCBs is the guarantor of the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity envisaged in articles L. 217-4 and following of the code of the consumption or the guarantee of the defects of the thing sold within the meaning of articles 1641 and following of the civil code. In case of implementation of the legal guarantee of conformity, one is reminded that:

  • The buyer has a period of 2 years from delivery of the property to act;
  • The buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-17 of the Consumer Code;
  • The buyer does not have to prove the non-conformity of the good during the 6 months in case of second-hand goods, following the delivery of the good.

In addition, the buyer is reminded that:

  • The legal guarantee of conformity applies independently of the commercial guarantee indicated below;
  • The buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

Article 15 - Right of withdrawal

In accordance with the provisions of the code of consumption, the buyer has a period of 14 working days from the date of delivery of their order, to return any item that does not suit them and request the exchange or the refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products may not be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on the European HDD PCBs website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased (s) and the delivery costs are reimbursed.

The return shipping costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will usually be made within 48 hours, and at the latest, within 14 days of receipt, by the seller, of products returned by the customer. 

Article 16 - Force majeure

Any circumstances beyond the parties' control that prevent the performance of their obligations under normal conditions are considered to be grounds for exoneration of the obligations of the parties and result in 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 uncontrollable circumstances, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by them, despite all reasonable efforts will be considered as force majeure. Expressly,  regarded as case of force majeure or fortuitous cases are, 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 17 - Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights on its content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 18 - Data Protection

The personal data provided by the buyer is necessary for the processing of their order and the preparation of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the European HDD PCBs website will be declared to the CNIL.

The buyer has a permanent right to access, modify, rectify and oppose the information concerning them. This right may be exercised under the conditions and in the manner defined on the European HDD PCBs website.

Article 19 - Partial non-validation

If one or more stipulations of these general terms and conditions are held invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will all their strength and reach.

Article 20 - Non-Waiver

The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In case of dispute of interpretation of any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be valid in case of dispute.

Article 23 - Mediation

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in case of contestation.

Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than € 10,000 or the court of first instance for disputes over € 10,000.

This is so for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

Appendices Consumer Code Article L. 217-4: "The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. He also responds to any lack of conformity resulting from the packaging, assembly instructions or the installation when it was charged to him by the contract or was carried out under his responsibility. "

Article L. 217-5:
"The good conforms to the contract:
  1. If it is fit for the usually expected use of a similar good and, where appropriate:
    • if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer as a sample or model;
    • if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;
    • Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. "
Article L. 217-6:
"The seller is not bound by the public declarations of the producer or their representative if it is established that he did not know them and was not legitimately able to know them ".
Article L. 217-7:
"Deficiencies of conformity that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of the issue, unless proven otherwise. For the goods sold second-hand, this period is fixed at six months. The seller can combat this presumption if it is not compatible with the nature of the good or lack of conformity invoked. "
Article L. 217-8:
"The buyer has the right to demand the conformity of the goods to the contract. However, he cannot challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. The same is true when the defect originates from the materials it has itself supplied. "
Article L. 217-9:
"In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, except impossibility, according to the modality not chosen by the buyer. "
Article L. 217-10:
"If the repair and replacement of the good are impossible, the buyer can return the property and be refund the price or keep the property and get a part of the price. The same option is open to him: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's claim; 2 ° Or if this solution cannot be without major inconvenience for this one taking into account the nature of the good and the use that it seeks. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. "
Article L. 217-11:
The application of the provisions of articles L. 217 -9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L. 217-12:
"The action resulting from lack of conformity is prescribed by two years from the delivery of the goods."
Article L. 217-13:
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as resulting from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by the law."
Article L. 217-14:
"The recourse action may be exercised by the final vendor against the successive sellers or intermediaries and the producer of tangible personal property, according to the principles of the civil code.
Article L. 217-15:
"The commercial guarantee means any contractual commitment of a professional towards the consumer in order to refund the price of purchase, replacement or repair of the property or the provision of any other service in connection with the property, in addition to its legal obligations to ensure the conformity of the property. The commercial guarantee is the subject of a written contract a copy of which is given to the buyer The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent and the name and address of the guarantor. , it mentions clearly and precisely that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to the defects of the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are fully reproduced in the contract. In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it. "
Article L. 217-16:
"When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him in the acquisition or repair of movable property, a restoration covered by the guarantee, any period of detention of at least seven days is added to the duration of the guarantee This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641:
"The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish such use, that the buyer would not have acquired it, or would have given a lower price, if he had known them."
Article 1648:
"The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.