TRADE AND SALES TERMS
1 - Introduction
Our Trade and Sales terms are designed to regulate the legal relations between METEOTRONIC, whose head office is at 6A rue du commerce – 67118 GEISPOLSHEIM - STRASBOURG-FRANCE (RCS Strasbourg 413 100 660), and the Client as defined below as being the user of the METEOTRONIC web site and accepting the present Trade and Sales terms.
Any other condition or rule, whatsoever the nature can only imply METEOTRONIC after written confirmation on its part. The information given on this site is purely for information and can be changed by METEOTRONIC without notice. Ordering on the METEOTRONIC site implies unconditional acceptance of the present general conditions of sale.
2 - Products
The features of products on sale are shown on the site in each one of the Satellites and information published is constantly updated. Nevertheless, METEOTRONIC cannot take responsibility for any errors that may appear. Photos are not binding. Please inform us of any error or omission by email: email@example.com
3 - Availability
Products are on sale subject to availability. For products that are not in stock in our warehouses at the time of any order by any user, our offers are valid subject to availability with our suppliers. In the case of an order of an out of stock product, the client will be immediately informed via e-mail, and as soon as possible.
4 - Prices
The prices shown on the METEOTRONIC website are given in Euros and include all taxes, exclusive of delivery costs. They may be modified at any time and without notice depending on changes to legislation and/or French regulations, particularly concerning interdictions, new obligations or VAT. These prices may be changed on display without any persons taking advantage of previous prices.
The cost of transport must be added, depending on the nature and weight of ordered items. The costs of delivery and transport insurance are specified on the screen following selection, in the order summary that precedes confirmation
The price is payable as of the day of the order. The current prices are those applied at the time of ordering subject to availability of stocks and subject to any typing error or change in the French VAT. Any change to this rate would immediately be applied to the sale prices.
5 - Orders
Before processing an order, the client first needs to identify. To this end, he will fill in as instructed online, a form will all necessary informations for his identification and in particular his surname, first name, e-mail address, postal and delivery addresses. Additional information may be requested in order to filfull the quality and the security of the delivery.
Having chosen the products on display, the client will confirm his order definitively by clicking the button "Confirm Order" to show his compliance with and acceptance of our trade terms. As of this moment, the order is taken and an order number is given to the client as well as an on-screen confirmation and/or by email. The data recorded by METEOTRONIC constitutes proof of the description of the content, and the date of the order.
No unilateral cancellation of this order will be accepted without prior agreement by METEOTRONIC. If despite everything, the buyer cancels his order, the cancellation will lead to an indemnity equal to 40 % of the total value of the order (all taxes included) and to the reimbursement of all other costs.
Invoicing includes the price of each product before tax with the VAT total calculated on the total before tax and which is included in the total after tax.
6 - Late payment
If the client is a business as understood under Article L. 441-6 of the French Code of Commerce, penalties for late payment are required the day after the payment date shown on the invoice. The rate used to calculate the penalties is three times the current legal interest rate in France on the day of requirement of these penalties.
7 - Shipment
The Parcel is sent to the address specified by the client at the time of order. Chronopost will proceed to the delivery againts signature. The shipper will only intervene once the order is confirmed and payment has been totally settled. The relevant bank authorisation centres will have given their prior acceptance of the payment. If they refuse payment, the order will be automatically cancelled.
Furthermore, METEOTRONIC reserves the right to refuse any order for a client with whom a dispute is ongoing.
8 - Deliveries and insurance
If the item ordered is available in stock, the delivery will occur within two working days for any order taken before 1pm, and 3 working days for orders taken after 1pm. In the case of an out of stock product, re-stocking is normally within two weeks. Proceeding the delivery will not happen until payment for the order is settled.
In case of force majeure or unforeseeable incidents (natural disasters, epidemics, strikes, lock-out, etc.) delaying or preventing the delivery of goods, METEOTRONIC is cleared of any responsibility. In all cases, delivery on time can only be guaranteed if the client is in compliance with his obligations to METEOTRONIC.
The liability for transport is the client's responsibility and he will, in the event of damage during delivery or a missing item will specify his reservations on the delivery invoice and will confirm them within three days of the delivery date by registered post addressed to the transporters. METEOTRONIC cannot be held responsible for loss, breakage, damage and delays. To avoid any claims with its clients, Meteotronic has decided to ensure all its consignments: it costs 1, 08 euros inclusive of tax (0, 90 eurso excluding tax) for every 179, 40 euros of purchase inclusive of tax (150 euros excluding tax).
9 - Claims
In signing the delivery form and/or the registered post receipts, the client accepts the products as delivered and as such, no claim concerning damages sustained during transport can be accepted. It is the client's responsibility to carry out any checks and to inform of any reservations upon arrival of the goods, and to take any action, if necessary, against the transporters.
Upon reception of the goods, the client must immediately therefore check the state and their compliance as stated in the contract. Any claims concerning a fault with the delivered goods, an error in the quantity or an incorrect reference in relation to the order as confirmed by METEOTRONIC, must be made in writing within eight days of reception of goods, failing which the right to make a claim will cease to exist.
Any return of goods requires the prior agreement of METEOTRONIC. Without this prior agreement, any goods returned will be made available to the client at his cost, liability and peril, all transport, storage and handling costs being the client's responsibility. In all cases, the return of goods will be done at the clients cost, liability and peril. Any demand for the return of goods will have to include reason for return as well as the original delivery references (Number and date of the invoice).
Under no circumstances can METEOTRONIC be responsible for repairing or cancelling an order should the product be unusable due to incompatibility with computer equipment or software already owned by the client.
10 - Invoicing
A detailed invoice will be sent to the client in the parcel together with the Order. The VAT mention will allow organizations, companies and liberals to claim the VAT back.
11 - Ways of Payment
By credit/debit card : (Carte Bleue, Visa, Eurocard, Mastercard accepted in France).
Confirmation of the order using credit/debit cards implies the payment of the order price inclusive of tax, delivery and included accessories.
The client has a choice of two ways to communicate the card number , expiry date and the cardholder name :
- On the Internet Thanks to the SSL server, the client may securely transmit the card type (Carte Bleue, Visa, Eurocard, Mastercard), the number of the credit/debit card, the expiry date and the cardholder name (as shown on the card)
-By post The client may, at his own risk, communicate by post the delivery form that he will have downloaded from the together with his credit/debit card number, the type of card (Carte Bleue, VISA, Mastercard, Eurocard) the expiry date and the cardholder name (as shown on the card), and addressed to the below address. This information must be communicated 48 hours at the latest after confirmation of the order on the internet site; the order will be cancelled after this time.
NOTA : Météotronic does not accept orders of this kind coming from persons below the age of 18 without the prior written agreement of their legal parent.
12 - Guarantee and After-sale service
All products sold by METEOTRONIC are guaranteed against manufacturing faults and material faults and material flaws. The length of this guarantee is one year return to warehouse (as of the date shown on the invoice). Depending on the products and the date of purchase, the cost of the repair will be paid for either by METEOTRONIC, or directly by the manufacturer. In the case of return of equipment declared not to be faulty, transport, handling and testing costs (at an hourly cost of 49, 90 euros inclusive of all taxes) may be charged to the client. This guarantee does not cover damages resulting from accidents, misuse or negligence.
Any return of goods requires the prior agreement of METEOTRONIC and a number issued by it to the client, which must be legibly written on any returned parcel. The return of goods is carried out at the costs, risks and peril of the client. Products returned by the transporters without physical protection or poorly protected may not benefit from the guarantee, it therefore is up to client to protect or insure returned goods during transport.
It is up to the client to retain packaging, accessories provided with the product as well as any labels placed on the product or its packaging, and which are necessary to benefit from the proposed guarantee.
METEOTRONIC is not the manufacturer of the products shown, under the terms of the law n°98-389 of May 19th 1998 concerning the liability for defective products. As a consequence, in case of damages inflicted on a person or a possession by a faulty product, the client can only seek the liability of the manufacturer of the product concerned.
The guarantee may not apply if the products sold, weren't either placed or used in normal conditions as stipulated in the technical notices which accompany all products. The guarantee does not apply in the case of normal wear and tear. The intervention of the client or a third party on the product automatically cancels the guarantee.
The following elements do not come under the guarantee :
- Breakage or damage to the technical parts and/or on the LCD display if the appliance has one.
- Installation which is faulty or non-compliant with technical notices
- Disruptive environment
- Constant failure of changes made to appliances or mal-handling.
- Damage caused by batteries.
METEOTRONIC will strive to apply the guarantee on any product returned in the shortest possible time. Nevertheless, when the repair requires the return of the product back to the manufacturer, it cannot be held responsible for any delays due to the manufacturer. On the other hand, the METEOTRONIC after-sale service will itself choose the company in charge of returning the goods to the client.
In the case of a demand for a refund on an article which was given free of charge or at a lesser price due to a special offer made to the client, the reimbursement will be a part of the commercial value and not the total.
For oversize items, reimbursement and replacement are possible minus the costs of order-handling of up to a total of 15 €. In all cases, any demand for an exchange will have to be made by post to METEOTRONIC - 6A rue du commerce – 67118 GEISPOLSHEIM - STRASBOURG-FRANCE.
All articles are subject to a contractual guarantee, which does not pose an obstacle to the legal guarantee provided for by articles 1641 and subsequent articles of the Civil Code.
13 - Cancellation
As from the delivery date of your order, and if you are a private customer, you have fourteen days to exercise your statutory right, and be totally reimbursed (including delivery costs) - the costs of sending back goods remains your responsibility. Nevertheless, incomplete, worn, damaged or dirty products are not taken back. As for all return of products, the client must first obtain a return number from METEOTRONIC by filling in the
refund demand form which will be sent to him on request.
This statutory right period is not applicable when the appliance concerned has undergone an intervention by the client or a third party.
The conditions for return are identical to those in the preceding clause.
14 - Property of Goods and Liability
METEOTRONIC retains ownership of the goods until full settlement for them by the client. The transfer of ownership right of the products to the client occurs at the time of full payment of the price. Nevertheless, during the period from delivery to transfer of ownership right, risk of loss, theft or destruction is the client's responsibility.
The non-fulfilment by the client of his payment obligations, for whatever reason, confers the right to METEOTRONIC to demand the immediate restitution of delivered goods at the costs and peril of the client. The client promises, in the case of court recovery affecting his Concern, to cooperate actively in the carrying out of an inventory of goods in his stocks and for which METEOTRONIC claims ownership of.
Failing this, METEOTRONIC has the power to have a bailiff certify the inventory at the cost of the client. The client will refrain from reselling, transforming or incorporating the delivered goods as from the date of the judgement ordering the court recovery or the liquidation of goods from his Concern. METEOTRONIC may forbid the client from proceeding with the resale, transformation or incorporation of goods in case of late payment. To ensure payments not already made and in particular the client's outstanding balance in the paperwork of METEOTRONIC, it is expressly stipulated that the rights concerning the delivered but unpaid for goods will transferred to identical goods from METEOTRONIC in the client's stock, with no need to charge payments on a determined sale or delivery .
In the event of non payment before the deadlines set contractually agreed and under the law n°92-1442 of 31/12 92 Art. 31 al.3, a registered delivery letter will demand penalties at the rate of 2% a month.
METEOTRONIC has only a minimal obligation for all stages of access to the internet site, of the order process, delivery or subsequent services. The liability of METEOTRONIC cannot be involved for any inconveniences or damages inherent to the use of the internet, especially a breakdown in service, external intrusion or the presence of computer viruses, or for any incident of force majeure, in accordance with jurisprudence. It is furthermore reminded that the confidentiality of emails sent on the internet is not guaranteed when they are not subject to specific protocols.
METEOTRONIC cannot be held responsible for information given and the accuracy of the data presented on recommended sites, partner sites, and any other established link from the METEOTRONIC site. The brands quoted on these sites belong to their respective owners.
15 - Privacy
The user is advised that automated processing of information, in particular the management of email addresses has been the subject of a declaration at the CNIL. In accordance with law 78-17 of 6th January 1978, the client has the right of access and clarification at any time. To exercise this right, he must contact METEOTRONIC by post at the official address.
16 - Records
Computerised registers, stored in the computer systems of METEOTRONIC and its commercial partners under secure conditions, will be deemed as proof of communications, orders and payments between the various parties.
The archiving of orders forms and invoices is done on a reliable and durable system in such a way as to provide a faithful and durable copy in accordance with article 1348 of the Civil Code.
All features of the METEOTRONIC site be they visual or audio, including the practical technology, are protected by copyright, trademarks and patents. They are the exclusive property of METEOTRONIC. The user who has access to the internet site for personal use and who wishes to place, for personal use, a link to one of the pages of the METEOTRONIC site, must ask for prior authorisation from METEOTRONIC. Authorisation will be written and will include the obligation required of the user to mention the source in a clear and obvious manner.
In this case, it will not be a question of an implied affiliation agreement.
On the other hand, any html link leading to the METEOTRONIC site and using the framing or in-line linking techniques is strictly forbidden.
In this case, any link that has implied authorization must be withdrawn on demand of METEOTRONIC.
18 - Legal mentions
Contractual information is presented in French and products available for sale are in accordance with French and European regulations. If necessary, it is up to the foreign client to check with local authorities about the possibilities of using the product that he intends to order. METEOTRONIC cannot be involved in the event of non respect of regulations of a country other than France.
Any disagreements over the formation, execution and termination of contractual obligations between the parties that do not lead to a private settlement will only be submitted to the jurisdiction of the Courts of Strasbourg (France) where METEOTRONIC has its registered address.
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