Expelec est une société de Festigroup.
55 Route de la Fillière
74370 CHARVONNEX - France
Tel : +33 (0)4 50 60 80 20
DESIGN AND PRODUCTION
55 Fillière Road
74370 CHARVONNEX - France
Tel: +33 (0) 4 50 60 80 20
1 and 1
7 place of the station
57201 - Sarreguemines Cedex
Expelec SA : SA au capital de 1 290 300 € - Siren 322 847 567 – TVA FR 41 322 847 567 - 55 Route de la Fillière 74370 Charvonnex –
www.expelec.fr – 04.50.60.80.20 – [email protected]
Terms and conditions
The order and its acceptance by our company imply the full and unreserved acceptance of the Buyer to these Terms and Conditions and the definitive waiver of any other contradictory purchase clause regardless of its form. No special conditions can, except formal and written acceptance of our company, prevail against these Terms and Conditions of Sale. Any contrary condition posed by the Buyer will, therefore, failing express acceptance, unenforceable to our company, regardless of when it may have been brought to its attention. The fact that our company does not prevail at a given moment in any of these General Terms and Conditions of Sale can not be interpreted as a waiver of any of the said conditions at a later date.
Our products are manufactured according to European standards.
ARTICLE 1 - ORDERS, PRICES
1.1 Purchaser's orders are subject to the Seller's written acceptance, which may to the extent permitted by law refuse any order or accept all or part of it.
1.2 The information on the catalogs and price lists is only indicative. The Seller may modify them at any time and without notice due to changes in technology or economic conditions.
1.3 The prices included in our different prices are outside T.V.A. Our prices are excluding the cost of recovery and recycling at the end of life. The prices of products covered by Directive 2002/96 / EC on Waste Electrical and Electronic Equipment (WEEE) are to be increased by the amount of the cost of recovery and recycling in accordance with the terms of the Directive.
ARTICLE 2 - DELIVERY, FORCE MAJEURE
2.1 Orders may be executed in one or more deliveries, at the option of the Seller.
2.2 Delivery times are given for information only and without guarantee. Delays in delivery do not give the Buyer the right to cancel the sale or refuse the products. They may not give rise to withholding, compensation, penalty or damages.
2.3 The Seller shall not be liable for the consequences of force majeure or other events beyond his control, including: declared or undeclared wars or hostilities, terrorist acts, riots, strikes or concerted cessations of work, fires, floods and other disasters natural, contamination by radioactivity or toxic, dangerous or polluting materials, equipment failures, subcontractor or supplier shortcomings, public service disturbances or road service or other disturbances without this list being exhaustive.
2.4 Shipments are made carriage-free for all deliveries equal or higher than 500 euros net H.T, a participation in the shipping costs will be asked in case of expedition with exceptional character (weight or volume). Shipments outside Metropolitan France (Dom-Tom, European Union, ....) Are not made free of postage.
2.5 Even in the case of free shipping, the Seller's products travel at the recipient's own risk. In case of missing or damaged, any claim must be made to the carrier only responsible, on the receipt at the time of delivery, and confirmed by registered letter with acknowledgment of receipt within 3 working days after delivery, with copy to the Shipper.
ARTICLE 3 - PAYMENT
3.1 The products are supplied at the price in effect at the time of the order.
3.2 Prices are products in standard packaging, from the Seller's Establishments, unless otherwise indicated, and excluding taxes.
3.3 The terms of payment (payment period, discount of 0.5% ...) are specified in special conditions.
3.4 Late Payment Penalties: Any amount not paid at the due date shown on the invoice will result in the application of penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
3.5 CLAUSE OF RESERVE OF PROPERTY: the seller retains ownership of the sold products until the effective payment of the full price in principal and accessory. If one of the deadlines has not been paid, the contract shall be automatically settled if it seems to the seller and the products returned without delay at the expense and risk of the buyer. these provisions do not impede the transfer to the buyer of the delivery, the risks of loss and deterioration of the products sold.
These sold products will not be able to become the pledge of the personal creditors of the purchaser. in the event of a lawsuit by the personal creditors of the purchaser, of receivership or bankruptcy, personal bankruptcy or bankruptcy, the products sold and not fully paid can not be seized and will never become the pledge of the estate. creditors. The buyer will be required to return them to the seller at the first request, especially in case of non-delivery of an effect within the deadline or non-payment of a deadline, or if there occurred an event of a nature a to doubt his true or supposed creditworthiness.
The buyer undertakes to allow at any time the identification and the claim of the products, being agreed that the products in stock are considered related to the unpaid products. in the event of a claim, the returned products will be considered as the last invoices, and will therefore be taken back to the amount of the unpaid invoices.
3.6 The products are always payable to CHARVONNEX regardless of their method of payment. The drafts or acceptance of payment do not operate novation nor derogation to this place of payment attributive of jurisdiction.
ARTICLE 4 - FEES, TAXES, RIGHTS, REGULATIONS
All fees, taxes and duties of any kind, current or future, due on the basis of sales, imports, deliveries or uses of the products will be the responsibility of the Buyer and are not included in the selling price.
Our products are guaranteed for a period of twenty-four months from the date of delivery.
The Seller warrants, in accordance with the legal provisions, the Buyer, against any hidden defect, resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for their use.
Any warranty is excluded in case of misuse, shock or use contrary to the Seller's recommendations for use and good practice, negligence or lack of maintenance on the part of the Purchaser, as in normal wear and tear of the good or force majeure.
The guarantee is limited either to the replacement or the repair of the components recognized defective by the Seller.
The replacement of defective products or parts will not have the effect of extending the duration of the above warranty.
All returns of products must be sent to the Seller free shipping and packing.
Guarantees are excluded: lamps, so-called wear parts, lampholders, coals, mixing potentiometer, etc ... except in the case of an original defect.
ARTICLE 6 - RECEPTION
6.1 Any absence of dispute in writing within 48 hours, following the delivery of the products will be worth acknowledgment of receipt and outright acceptance thereof.
6.2 Unless previously agreed by the Seller, orders can not give rise to any cancellation. This agreement could not apply to products manufactured or being manufactured. Which are in all cases billed to the Buyer.
ARTICLE 7 - RESOLUTIONARY CLAUSE
Any sale is concluded under resolutive condition. In the absence of full or partial payment of the price at the agreed due date, or in the absence of acceptance of a bill of exchange within the time limits, the sale will be automatically settled, if this is the intention of the seller.
The resolution may be extended to all sales concluded by the Seller with the defaulting debtor and which have not yet been paid.
Installments paid will be retained by the Seller as a penalty clause.
ARTICLE 8 - REQUIREMENT
By express agreement and except in case of delay requested by the Seller, failure to pay the products on the due date will result in the immediate payment of all sums remaining due, regardless of the method of payment (by accepted draft or no),
ARTICLE 9 - SPECIAL PROVISIONS
In the event that the Seller proceeds to manufacture a product or carry out a study on the designs and / or specification of a Buyer and that would constitute an infringement of any industrial property right belonging to a third party, the Buyer shall be required to indemnify the Seller for any damages, penalties, costs and expenses of which the Seller is liable.
ARTICLE 10 - REGULATIONS CONCERNING WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (Decree No. 2005-829 of July 20, 2005)
shall apply on November 15, 2007 in the DOM, in accordance with the legislation in force (1) regarding collection and the recycling of electrical and electronic products affected by this decree.
Accordingly, we inform you of the following provisions:
1 / Household products related to the Directive
We inform you that from 15/11/07 we will have, as each producer or importer, the legal obligation to charge you an eco-contribution for each product covered by the Directive. The total amount of eco-contributions will appear at the bottom of the invoice, in addition to the price excluding VAT, as well as under each reference concerned. This eco-contribution will not be subject to any margin or discount.
From that date, all deliveries, including outstanding deliveries, will be subject to the eco-contribution for all products within the legislative scope.
We also remind you of your legal obligation to pass on this eco-contribution in the same way to your customers, who will have to do the same, to the end user.
2 / Cases of products, which by their very nature are considered as professional
No contribution is due to date. Indeed, the public authorities have not yet approved eco-organizations to manage the collection of professional WEEE other than lamps. For your information, some of them should be approved soon. During this transitional period, you have the opportunity to:
• Or, continue to manage waste according to your recycling network,
• Or, we return this waste from professional WEEE placed on the market after August 13, 2005, so that we can ensure recycling. The cost of collection and transport back to our warehouses will be your responsibility.
Once the eco-organizations approved to manage this waste are designated, we will inform you of the eco-contribution applicable on the invoices.
ARTICLE 11 - APPLICABLE LAW - JURISDICTION
Any sale of products by the seller to the buyer will be governed by French law, to the exclusion of all other rights.
Any dispute or other claim arising from any sale subject hereof or relating thereto shall be settled by the courts of competent jurisdiction in the jurisdiction of Annecy (France), to which the parties declare to grant exclusive jurisdiction, even in the event of collateral appeal or multiple defendants.
ARTICLE 12 - ONLINE SALES
Any sale of EXPELEC products, its own brands or its distribution brands by a reseller on a reseller's own online sales website, requires written authorization from EXPELEC. Without explicit written and nominative agreement to the reseller, the marketing by this seller is not allowed. In case of acceptance of the company EXPELEC, all the pages of the site of our reseller will have to be validated by the company EXPELEC in writing. The reseller's site must respect the image of the brands, the technical descriptions and the visuals sent by the company EXPELEC. All pages containing products of EXPELEC and its own brands or distributions must contain a link to the website of the company; http://www.expelec.fr. Any marketing of EXPELEC's products and its own brands or distributions must be in physical stock at the reseller who owns the online sales site. Any marketing of EXPELEC's own-brand products or distributions by a reseller on third-party online marketing websites, "market place", or "market place" is formally prohibited. In case of non-compliance, EXPELEC reserves the right to freeze the account.