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EN
These General Terms and Conditions of Sale govern the commercial activity of ELECTRIONE, a company with a capital of 2,000 euros, whose head office is located at 52 RUE des Entreprises 89170 Saint-Fargeau, registered with the RCS of AUXERRE under number 984592501 (the Seller).
In accordance with article L 441-6 of the Commercial Code, these general terms and conditions of sale (GTC) constitute the unique basis of the commercial relationship between the parties. Their purpose is to define the conditions under which the Seller provides the buyers (the Buyer or the Buyers) with the following products (Products): All Electrione Products
The GTC apply without reservation or restriction to sales concluded between the Seller and the Buyers, regardless of the stipulations that may appear in the general conditions of purchase possibly established by the Buyers.
Any order for Products implies acceptance by the Buyer of the General Terms and Conditions of Use of the Seller's website for orders via the Seller's website.
The fact that the Seller does not take advantage of any of the clauses contained in these Terms and Conditions cannot be interpreted as a waiver of relying on them later.
The Seller may agree with a Buyer on special conditions of sale that derogate from the GTC.
These Terms and Conditions are in force for an unlimited period of time, until any changes made by the Seller.
Orders may be placed by Buyers with the Seller by any means.
Orders must be confirmed in writing, using an order form duly signed by the Buyer.
Sales are only final, even if taken through sales representatives or employees, after express written acceptance by the Seller of the order issued by the Buyer. This acceptance may be materialized by sending an email, a text message or a letter.
No minimum order amount is required by the Seller.
If the Buyer wishes to change his order, his request can only be taken into consideration if it is received in writing to
Seller before the Products are shipped and that it is expressly accepted by the Seller.
The Products are supplied at the rates in force on the day the order is placed or in the specific commercial proposal that may be sent to the Buyer. The prices are firm and cannot be revised during their entire period of validity, indicated by the Seller.
Rates are inclusive of all costs.
The applicable VAT is the VAT in force on the day the order is placed, any change in the rate may be reflected in the price of the Products.
Any tax, tax, duty or other service to be paid in application of French regulations or those of an importing country or a country of transit are the responsibility of the Buyer.
No discount will be applied by the Seller in the event of payment of the Products ordered before the payment date shown on the invoice or within a period less than that provided for by the CGV.
Depending on the quantities ordered by the Buyer or delivered by the Seller at one time and in one place or on the regularity of the orders, the Buyer may benefit from discounts and rebates on the rates charged by the Seller.
For any order, the Buyer will proceed with the payment of the price of the Products ordered by bank transfer.
Sales are final after payment of a deposit of 50% of the total amount of the invoice excluding taxes to the Seller.
The price to be paid to the Seller is therefore the total price of the invoice, less the amount of the deposit already paid.
In the event of late payment by the Buyer, the Seller may suspend all orders in progress, without prejudice to any other course of action.
Any sum not paid by the due date set out in these Terms and Conditions automatically, without formality or formal notice, from the day following the payment date provided on the invoice, leads to the application of late payment penalties in an amount equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten points.
A fixed compensation for recovery costs in the amount of 40 euros will also be due, ipso jure and without prior notification to the Buyer. The Seller reserves the right to ask the Buyer for an additional sum if the recovery costs incurred exceed this amount.
In accordance with the legal provisions in force (article L.221-18 of the Consumer Code), the Customer has a period of 14 days from the date of placing the order to exercise his right of withdrawal without having to justify reasons or pay a penalty.
In case of exercise of the right of withdrawal within the period referred to above, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition. In the event of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the Customer may be held liable. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if it, due to its nature, cannot normally be returned by post. If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
To exercise his right of withdrawal, in accordance with legal provisions, the Customer must send a declaration of withdrawal to ELECTRIONE at the seller's head office. Once the withdrawal statement has been sent to ELECTRIONE no later than 14 days after receiving your order, the Customer must return the product (s) concerned to ELECTRIONE within a reasonable period of time and, at the latest, within 14 days from the date of sending the withdrawal statement to ELECTRIONE.
The request must mention the order concerned by this withdrawal. If the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the Seller. The Customer may exercise his right of withdrawal by registered letter.
In case of exercise of the right of withdrawal, ELECTRIONE will refund the amounts paid no later than 14 days from the date on which ELECTRIONE is informed of your decision to withdraw and using the same means of payment as that used for the order (unless the Customer expressly agrees to a refund using another method of payment).
This refund date may be postponed until receipt of the product or until the Customer has provided proof of shipment of the product. The Seller is not required to reimburse additional costs in the event of choosing a more expensive delivery method than the standard delivery method.
The right of withdrawal is also extended to professionals who meet the following conditions: professionals who have concluded off-premises contracts as long as the subject of these contracts does not fall within the scope of the main activity of the professional requested and the number of employees employed by the professional sought is less than or equal to five. The deadlines are the same as in the previous paragraph.
Since delivery times may differ depending on the Products ordered, they are specified on the order form signed by the Buyer for each Product or category of Products.
This period does not constitute a strict deadline and the Seller cannot be held responsible in the event of a delay in delivery that does not exceed a period of 30 days. In the event of a delay of more than 30 days, the Buyer may request the resolution of the sale and any deposits paid will be returned to him by the Seller.
The Seller can never be held liable in the event of a delay or suspension of delivery if this is attributable to the Buyer or to a case of force majeure.
Returns of Products by the Buyer must be subject to a formal agreement with the Seller and any Product returned to the Seller without his agreement would not give rise to the establishment of any credit note.
Namely:
The packaging on which the Seller's brand and/or name appears may only be used for the Products and in no case for products that are not his.
Acceptance of the purchase order by the Seller automatically results in the transfer of ownership and the transfer of risks on the Products ordered.
Buyers benefit from the legal guarantee of eviction and hidden defects.
No additional contractual guarantee is provided for the benefit of the Buyer, who can rely only on the legal guarantees stipulated above.
No guarantee can be applied in the absence of full payment of the amounts due by the Buyer to the Seller.
The Seller can only be held liable in the event of gross, intentional or fraudulent misconduct. In all other cases,
the responsibility of the Seller can never be sought or engaged by the Buyers.
The Buyers guarantee and indemnify any liability actions against the Seller by third parties to the contract.
In any event, the Seller's liability, if incurred, may not exceed the value of the Products covered by the contract concluded with the Buyer.
Applicable law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Complaint handling: For any complaint, you can contact customer service at the contact details mentioned in the preamble to these conditions.
Attribution of jurisdiction: Any dispute arising from the formation, interpretation or execution of this contract will be under the exclusive jurisdiction of the courts of the jurisdiction of Auxerre notwithstanding multiple defendants or warranty claims.
In the event of difficulty arising when ordering or delivering items sold on the Site, the Customer will first contact ELECTRIONE to seek an amicable solution. The Customer has the option of using a conventional mediation procedure or any other alternative dispute resolution method.
Notwithstanding the above, in the event of a dispute, in accordance with Regulation No. 44/2001 of 22 December 2000:
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may in any event use conventional mediation, with existing sectoral mediation bodies or any alternative method of dispute resolution in the event of a dispute. In this case, the appointed mediator is: Maître Stéphanie ROUIF, whose address is 83 rue de Paris, 89000 Auxerre.
Online Dispute Resolution Platform:
In accordance with Article 14 of Regulation (EU) No. 524/2013, an Online Dispute Resolution platform has been set up by the European Commission, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link:
https://webgate.ec.europa.eu/odr/
