Terms of Sales
Article 1. Purpose of the contract
This contract has passed between the buyer named customer on the one hand, and the SAS DCPACK (distributor of Wasteness Group), whose SIREN is 890 018 450 named seller on the other hand.
The purpose of the contract is to define the rights and obligations of the seller and his client as part of the sale of goods.
These general conditions of sale apply to all sales of the SAS Dcpackunless formal and express derogation accepted by the seller.
These general conditions of sale are integrated into the account opening agreement and are also online on the website of the company DCPACK.
These will be amended full right in the event of the evolution of national or European legislation.
Article 2. Definitions
ORDERED: refers to any order on the goods, accepted by the SAS Dcpack.
Orders may be passed through the following means:
- Via the Internet on www.wasteness-group.com
- By e-mail: email@example.com
- By phone at 07.88.36.86.71
DELIVERY: refers to the first presentation of the products ordered by the client at the delivery address indicated during the order.
GOOD FOR SHOOTING: refers to the summary document delivered to the customer for validation, before the launch of the order.
Products: refers to all the products offered by the seller. Some products can be customized or modified by the customer (color change, materials, adding text or photography ...).
Article 3. Contractual documents
3-1- The order made by the customer is confirmed by email and / or mail.
3-2- The sales contract is constituted in order of increasing priority:
- These Terms and Conditions
- Tariff conditions in force at the time of signature.
3-3- These Terms and Conditions shall prevail over any other condition in any other document, shall annoile and replace any written or verbal agreement, correspondence or previous proposal, except for prior written and written derogation.
3-4- Complementary sales subscribed separately constitute accessory contracts to the sales contract. They follow the regime of the latter, unless implemented in the acknowledgment of order.
3-5- The Customer acknowledges having taken aware of the general conditions in force, they may have asked for any details that he wanted to the seller and recognize that they have accepted the conditions with full knowledge of the facts.
Article 4. Payment and billing
4-1- PRICE - The prices of goods sold are those in effect on the day of ordering. They are denominated in euros and calculated excluding tax. As a result, they will be increased by the VAT rate and transportation costs applicable on the day of the order.
4-2- Fresh - The additional costs of transport, delivery or postage (which must be added the other costs borne by the seller), whose customer was able to read before the order, are fixed on the order form.
4-3- Modification of sales - The customer may request a change in his order under the conditions set out in the Order article. In this case, the price will be re-evaluated according to the conditions in force.
4-4- Price revision- The seller agrees with the right to change its rates at any time. However, it undertakes to charge the goods ordered at the prices indicated when registering the order.
4-5- REGULATION - It can be done:
- By bank transfer, if you have a customer account, using the RIB indicated on your invoice.
- By check provided, in case of a first order, to have inquired your SIRET number when registering.
- By credit card directly online on our website. The payment is secure.
The orders regulations are made by LCR and exceptionally, on agreement of the SAS DCPACK, by bank transfer or by check, at 30 net days.
4-6- When the Customer has not regulated an account opening when registering the order, the client will have to pay a deposit of 50% of the overall amount of the invoice, the balance to be paid upon receipt of the goods.
4-7 - Late payment: Any delay of settlement will result in full right and without any formal notice to payment of delay penalties. These penalties are calculated on an annual basis of three (3) times the rate of legal interest. The rate of the legal interest retained is that in force on the day of delivery of the goods. These interests are calculated on the amount TTC of the amount remaining due and runs from the due date until the total payment of the debt.
4-8- Various expenses related to a failure to pay sums due under the sales contract will also be charged.
4-9- Notwithstanding the payment of interest, any default or late payment (even partial) of the sums due by the client in execution of the contract, persistent more than (15) fifteen calendar days after notification of default or late payment addressed to the client by email , entitlement and without the need for additional notification or formal notice:
- The immediate due diligence of all the remaining amounts owed by the customer under the contract, regardless of the method of regulation planned,
- The possibility for the seller, immediately and without notice, to suspend all or part of the orders of the Customer (including those which have been settled), to refuse any new order and to terminate, of right, by email, the contract in all or part.
4-10- In the event of default or late payment, the Customer is liable for a lump sum allowance for recovery fees, According to Article 441-6 of the French Commercial Code, Forty (40) euros, without prejudice to the possibility for the seller to request, on justification, additional compensation when the exhibited recovery fees are greater than the amount of the lump sum indemnity.
4-11- It was agreed between the parties that an automatic compensation for the benefit of the seller will be made between the sums due by the customer to the seller and those who could be owed by the seller to the customer for any reason whatsoever under this contract.
4-12- Penalty clause - The sums and penalties recovered by the seller by the contentious way will be increased by a fixed allowance of 15% of their amount of interest, as a criminal clause.
4-13- Justice and fees will be borne by the customer.
4-14- Uniqueness of contractual relations : The receivables owed by the customer under a contract subscribed with the seller can be postponed on any other contract.
4-15- Contestation - An invoice that has not been challenged by the Customer within thirty (30) days from the date of issue shall be deemed accepted by the latter in principle and in its amount. The client's high protest against the invoice can under no circumstances provide it with its payment. Any reduction in the disputed invoice will result in the issuance of a deduction of the following invoice after agreement of both parties.
4-16- DISCOUNT - No discount will be consented in case of advance payment.
Article 5. Order
5-1- Any order taken will be the subject of an acknowledgment of confirmation receiving which will resume the details of the order.
5-2- Failing the client to cancel or modify the order within 48 hours following the transmission of confirmation email, this order will be permanently acquired and the sale will be considered perfect.
Article 6. Custom product order
6-1- Personalized products impose additional validation between the customer and the seller. Thus, the acceptance of the order and the formation of the sales contract of personalized products between the client and the seller will only be complete when the customer has accepted the good to shoot.
6-2- The good to draw accepted by the customer releases the liability of the seller, subject to corrections on the right.
6-3- Product description- The rendering of an object customization is not the exact reflection of an on-screen image. The combination of different marking techniques with different product colors may cause changes in result that the customer must take into account, the seller can not be held responsible.
Article 7. Right Propriete
7-1- The customer is responsible for the accuracy of the content as well as the legal admissibility of the contents he wishes to add for the customization of a product. As such, the customer declares held all intellectual property rights on the texts, photos, trademarks or drawings on all the documents entrusted to the seller and for which he gives good to shoot.
It does its entire business of any authorization, which might be necessary.
7-2- The Customer also states that the documents ordered are not counterfeits or falsifications that may be detrimental to any legal or physical person.
7-3- The seller can not, therefore, not be incurred in the event of a claim or legal action of third parties related to the photographs and any other item provided by the client.
7-4- In any case the customer undertakes to compensate the seller from all the financial consequences related to judicial action or a complaint from third parties resulting from the violation of the general conditions of sale by the customer.
Article 8. Delivery
8-1- Delivery is performed at the address designated by the customer during the order process. The seller will not be held responsible for the impossibility of delivering the goods, in the event of an error in the wording of the recipient's coordinates or the absence of the client.
8-2- Delivery costs: Delivery costs are calculated based on the volume ordered and indicated at the time of payment.
8-3- Delay - The products are delivered on the date indicated in the order acknowledgment. The seller undertakes to do the necessary for the order to be delivered within the deadlines in the order acknowledgment.
8-4- However, the time is indicative, a tolerance of four (4) civilian weeks being deemed to be accepted by the customer. In this period, any delay can not give rise to the benefit of the customer to:
- The allowance of damages and interests
- In the refusal of goods
- The cancellation of the order
8-5- In case of exceeding the contractual period increase in four (4) civilian weeks, the customer may benefit:
- A discount of 5% between 1 week and 2 calendar weeks late
- A discount of 10% between 2 weeks and 3 calendar weeks late
- A 15% discount between 3 weeks and 4 caught delay weeks
8-6- In case of exceeding the contractual delay of more than eight (8) weeks, the order may be canceled by the customer.
Article 9. Transport - risk transfer
The risks of loss or damage to the goods are transferred to the customer at the time the goods are given to the first carrier and that regardless of Article 12-1.
Article 10. Reception
10-1- At the reception, the recipient must ensure the good condition of the package and its content. The damages or missing during transport, must make the subject of written motivated reserves, on the retention of the carrier on the part of the recipient at the time of the issuance of the goods.
10-2- It is up to the customer to provide all justifications for the reality of apparent or missing defects.
10-3- The customer must, in addition, confirm the carrier its reserves within 48 hours of receipt, by registered letter.
10-4- The unreserved reception of the products ordered by the customer covers any apparent and / or missing vice.
10-5- No return of goods can be made by the customer without the prior agreement, express and written seller.
Article 11. Indicability of the product Command
11-1- The products are put on sale and delivered within the limits of available stocks.
11-2 - In the event that a product ordered by the customer would no longer be manufactured by the vendor's supplier, the seller undertakes to inform the client by email as soon as he knows this unavailability
11-3 - In this hypothesis, the seller will propose to the customer to provide him, in exchange for the product ordered, a product of a quality and an equivalent price.
11-4 - The customer will have a period of 7 days to accept or deny the seller's proposal. If the customer does not pronounce within 7 days that is allotted, or if, within that period, he refuses the seller's proposal, the order will be canceled.
11-5 - In the event of payment of a deposit, the seller will reimburse the client of the price of that deposit if his bank account was debited at the latest within 14 days following the cancellation of the order. This refund will be made by bank transfer or bank check.
11-6- Apart from the reimbursement of the price of the product unavailable, the seller is not required to any cancellation allowance.
ARTICLE 12. PROPERTY RESERVE CLAUSE
12-1- The seller retains the ownership of the goods sold until the effective payment of the entire prize in principal and accessory, even in case of granting of payment deadlines. Failure to pay any of the deadlines may result in the merchandise claim.
12-2- These provisions do not impede the transfer to the client, upon shipment, risks and loss and deterioration of goods sold as well as the damage it could cause. As of this expedition, the customer is constituted custodial and depositary of the said goods
12-3- Of express agreement, the seller may make the rights he holds in accordance with this property retention clause, for any of his receivables, on all of his products in possession of the client, the latter being conventionally Alleged to be those unpaid, and the seller may resume or claim them for compensation for all his unpaid invoices, without prejudice to his right of resolution of ongoing sales.
12-4- As such, if the Customer is the subject of a judicial recovery or liquidation, the seller reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Article 13. Warranty
13-1- The products must be checked by the customer at their reception.
13-2- The products are guaranteed against any lack of material or manufacturing for a period of one year, from the date of delivery. The warranty interventions can not have the effect of extending the duration of the latter.
13-3- Under this warranty, the only obligation incumbent upon the seller will be, at his choice, the free replacement or the repair of the product or the defective recognized element by its services unless this mode of compensation is impossible or disproportionate. To benefit from the warranty, any product must be subjected to the after-sales service of the seller whose agreement is essential for any replacement. Thus, any complaint, reservation or dispute must be carried out under the conditions and according to the terms and conditions laid down in Article Claim-return
13-4- Potential shipping costs are the responsibility of the customer who can not claim any compensation in the event of the property of the application of the guarantee.
13-5- This warranty does not apply in case of:
- Customer's fault in the use or maintenance of said material
- Faults that would result from non-compliant use conditions for the product use manual.
- Defects and deterioration of products delivered consecutive to abnormal conditions for storage and / or conservation at the client, particularly in the event of an accident of any kind, may not be entitled to the warranty owed by the seller.
13-6- Sales made by the seller are subject to the provisions of Articles 1641 and following of the Civil Code relating to the guarantee of hidden defects.
Article 14. Reclamation - return
14-1- To be valid, the claims whatever they are, must be addressed to the seller within 8 days of receipt of the goods by registered mail with acknowledgment.
14-2- Any return of merchandise require the prior agreement of the seller. The customer will have to wait for the seller's instructions before making shipping. No return will be accepted without the prior agreement of the seller. In the absence of return agreement, the goods will be returned to the customer, at his expense, risks and perils. All transport, storage, handling charges being at its expense.
14-3- The customer has after obtaining the return agreement a period of eight days from the date of delivery to return the goods to the seller. The goods must be returned with a copy of the invoice at the following address: SAS DCPACK, 24 rue des ickels 25720 Avanne-Aveney.
14-4- The products must be in their original state accompanied by the photocopy of the invoice and the reason for return or the exchange.
14-5- Any incomplete, damaged, damaged, transformed and / or packaging product will have been damaged, will not be resumed or exchanged or refunded.
14-6- DcpackOptera, in its sole discretion, between:
- The exchange of the product. In the event of a difference between the price of the product to be exchanged and the price of the originally ordered product, the customer will be charged from the price supplement if the price is superior or DcpackWashed a credit for the difference if the price displayed is lower.
- The issue of an amount equivalent to that initially charged. This credit will be credited to the customer's account, and will be valid for one (1) year.
Article 15. Bonds and responsibilities of the seller
15-1 - the seller is responsible for the proper execution of his contractual obligations, and undertakes to take all necessary measures to deliver the relevant goods in good functioning.
15-2- TOTHERO, the liability of the seller can not be engaged in case of:
- Of non-performance or misinformed the contract due, or by the fact of the client, or the insurmountable and unpredictable fact of a third party to the contract, or to a case of force majeure
- Non-compliance with the seller's recommendations
- If the Customer did not comply with his obligations as arising out of these
- In case of destruction or loss of the goods delivered which could occur during an incident of any kind
- Deterioration of the seller's equipment from directly or indirectly from accidents of all kinds: shock, overvoltage, lightning, flooding, fire ...
- Of force majeure, being specified that any unpredictable or irresistible event, even if it is not external, will be considered as a case of force majeure
- Has a misuse of the product by the customer
- Fault, negligence, omission or failure from the client
15-3- The liability of the seller can only be engaged for the only material and direct damage resulting from a fault proved against him. Excluded intangible and / or indirect damage such as financial and commercial damages, revenue losses, benefits or clientele ...
15-4- To take into account the respective obligations of the parties but also the attractiveness of the seller's rates, the liability of the seller because of the damage suffered by the client within the framework of the contract, whatever the cause is limited, all prejudices confused. Whether they are material or intangible (loss of operation, losses of luck to sell ...), at the lump sum of € 1,000. The customer recognizes the balanced nature of this lump sum allowance. If the customer considers that the ceiling is not enough, it has the opportunity to negotiate a higher warranty ceiling that will result in the application of a different rate.
In this case, a new tariff proposal will be sent within eight (8) days, by registered letter with receipt notice, depending on the new warranty ceiling obtained by the customer. The customer will also benefit from eight (8) days to accept the said proposal.
15-5- Without prejudice to the above stipulations, the customer may initiate the liability of the seller for any damage of any kind, and in particular any direct or indirect damage, under the contract, only within a period of one (1) year. from the occurrence of the damage in question.
Article 16. force majeure
16-1- The parties are not deemed faulty and can not see their responsibilities incurred in cases where the non-performance of their contractual obligations would result from a case of force majeure as defined by Article 1218 of the Civil Code and by the case law. However, in order to be able to avail itself of this provision, the party which is prevented from carrying out its obligations must inform by any means, the other part as soon as possible by specifying the circumstances and the foreseeable duration of this situation, and keep it regularly informed of the evolution of the situation. If, despite the efforts of the failed part, its failure lasts more than thirty (120) days, the other Party may, each Party may terminate the contract by registered letter with acknowledgment of receipt, without compensation for the one or the other party.
16-2- In the event of the occurrence of a force majeure event, each of the parties takes reasonable measures to minimize the disturbances caused by force majeure.
Article 17. Various provisions
17-1 - CUSTUIRE: This contract is transferable and transmitted by the seller. For its part, the customer will not be able to assign, transfer or dispose of any or all of his rights or obligations born from the contract, unless written and prior to the seller.
17-2- Subcontractors: The seller reserves the right to give out the subcontracting the application of all or part of this contract to allow the good continuity of the service.
17-3- The parties undertake not to challenge the admissibility, validity, opposability or probative strength of all the elements exchanged between them. Unless proven contrary, these elements will be valid and opposable between the parties and with the same convincing force that an act under private segregation.
17-4- Independence of clauses: It was agreed that if a clause of these conditions was deemed nil or irrelevant, the other clauses would retain their full and entire effect as if the null and irrelevant stipulations were no longer there.
The fact that the seller does not prevail at a given moment of any of these terms and conditions and / or a breach by the other Party to any of the obligations referred to in these terms and conditions can not be interpreted as a renunciation by the seller to subsequently avail himself of any of the said conditions.
Article 18. Attribution of jurisdiction
In case of dispute of any kind whatsoever, the commercial tribunals of Besancon are the only competent, even in the case of plurality of defendants, incidental demand or warranty. French law is the only applicable.