General terms and conditions of sale
If you are a professional, your general terms and conditions of sale can be found below on this page. To open your professional account and receive your general terms and conditions of sale as well as the account opening form, contact us.
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SEATRONIC, a limited liability company with a capital of 6.000 euros, having its registered office at Cellule C2 Pôle Duguay-Trouin 14 Bd de la République 35 400 Saint Malo registered in the Saint Malo Trade and Companies Register under number 489 117 184 (hereinafter "the Seller"), from non-professional buyers (hereinafter "the Customer"), wishing to acquire the products offered for sale by the Seller (hereinafter "the Products") on its Internet site< (hereinafter "the Site") www.seatronic.fr
These conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on this Website and will prevail, if necessary, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by SEATRONIC constitute proof of all transactions.
The Products presented on the Site are offered for sale for the following territories, to the exclusion of any other: France, Belgium, and Switzerland.
Product offers are subject to availability and without any particular commitment on the part of the Seller. Information on product availability is provided at the time of placing the order.
ARTICLE 2 - Orders
It is the Customer's responsibility to select on the Site the Products he wishes to order, according to the following procedures:
choice of Products by the Customer;
provisional validation of the choices made;
display of the summary of the choices made, the details of the prices excluding taxes and VAT, and the delivery costs;
final validation of the choice made by the Client or correction of the choices made;
full payment of the sale price.
The sale will only be considered final after the confirmation of acceptance of the order by the Seller has been sent to the Customer by e-mail, and subject to full payment of the full price in the manner chosen by the Customer.
Any changes to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that they are sent by e-mail to the Seller within twelve (12) hours of placing the order.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer shall be returned to him within a maximum period of eight (8) days from the notification of the impossibility of accepting the modifications made by the Seller to the Customer (unless the latter prefers to benefit from a credit note).
ARTICLE 3 - Rates
The Products are provided at the rates mentioned in the attached price list, when the order is registered by the Seller. Prices are expressed in Euros, excluding VAT and including VAT.
These rates are firm and cannot be revised during their period of validity, as defined in the said scale.
They do not include processing, shipping and transportation costs.
The Customer's specific orders, to which this scale cannot apply, and any order shipped outside the territory of metropolitan France, will be subject to an estimate previously accepted by the Customer. Quotations prepared by the Seller are valid for a period of fifteen (15) days from the date of their preparation.
The order on quotation is considered accepted only after full payment of the price when placing the order.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered products.
ARTICLE 4 - Terms of payment
4.1. Payment terms of payment
The price is payable in cash, in full on the day the order is placed by the Customer, according to the terms specified in the "Orders" article above.
The Seller shall not be obliged to deliver the products ordered by the Customer if the price has not been paid in full in advance.
The Seller does not offer any discounts.
4.2. Penalties for late payment
In the event of late payment and payment of sums due by the Client beyond the deadline set above, and after the date of payment appearing on the invoice sent to the Client, late payment penalties calculated at the monthly rate of two (2) % of the amount including VAT of the purchase price appearing on the said invoice, shall be automatically and automatically acquired by the Seller, without any formalities or prior formal notice and shall entail the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may bring against the Customer in this respect.
In the event of non-compliance with the above payment conditions, the Seller also reserves the right to suspend or cancel the delivery of pending orders placed by the Customer and/or to suspend the performance of its obligations.
4.3. No compensation
Unless expressly agreed in advance in writing by the Seller, and provided that the reciprocal claims and debts are certain, liquid and payable, no compensation can be validly made between any penalties for late delivery or non-compliance of the Products with the order and the sums due for the purchase of the Products from the Seller.
4.4 Methods of payment
Payments made by the Customer shall only be considered final after actual receipt of the sums due to the Seller.
Payment for purchases is made either by bank card (visacard, mastercard, credit card), or by bank cheque issued by a bank domiciled in France, or by bank transfer.
Payments by credit card are debited at the time of placing the order.
In the event of payment by bank check, it is given for collection as soon as it is received.
4.5. Retention of title clause
In the event of non-payment by the Customer of all or part of the price of the order, the Seller reserves, until full payment, a right of ownership of the products sold, allowing him to repossess said products.
Any advance payment made by the Customer shall remain the property of the Seller as a lump sum compensation, without prejudice to any other action it may be entitled to bring against the Customer as a result.
ARTICLE 5 - Deliveries
The products purchased by the Customer will be delivered within a maximum period of fifteen (15) days to the address indicated by the Customer when ordering on the Site.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery. Deliveries are made by an independent carrier.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above. These deadlines are communicated for information purposes only and any exceeding of them will not give rise to any damages, withholding or cancellation of the order by the Customer. However, if the ordered products have not been delivered within eight (8) days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Customer or the Seller. The sums paid by the Client will then be returned to him without delay, excluding any compensation or withholding.
Delivery is deemed to have been made as soon as the Products ordered by the Seller have been delivered to the carrier.
In the event of particular requests from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be invoiced in an additional specific invoice, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered Products. He has a period of eight (8) days from delivery to submit in writing (postal mail, e-mail, fax) any reservations or claims for non-compliance or apparent defect of the Products delivered, with all supporting documents relating thereto. After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall replace as soon as possible and at its own expense, the delivered Products whose apparent defects or lack of conformity have been duly proven by the Customer.
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Customer shall only take place after full payment of the price by the latter, regardless of the delivery date of the Products.
On the other hand, the transfer of the risks of loss and deterioration of the Seller's Products will be carried out as soon as the products leave, as the latter travel at the Customer's risk and peril, who may, in the event of damage, make any claims against the carrier under the legal and regulatory conditions in force.
ARTICLE 7 - Right of withdrawal
The Customer has, in accordance with the law, a withdrawal period of seven (7) days from the delivery of the products to return them to the Seller for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fifteen (15) days of delivery. The return costs will be the exclusive responsibility of the Customer.
ARTICLE 8 - Seller's Liability - Warranty
The products delivered by the Seller benefit, in accordance with the legal provisions, from a guarantee against any hidden defect resulting from a defect in material, design or manufacturing affecting the delivered Products and rendering them unfit for use, for a period of one (1) year, from the date of delivery, any interventions made by the Seller under this guarantee can in no case have the effect of extending the duration of this guarantee.
Exceptionally, the above warranty may be extended to two (2) years for certain products specifically identified by the Seller on the Site and recalled on the invoice.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the goods or force majeure.
In order to assert its rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of the defects within a maximum period of one (1) month from their discovery.
The Seller shall replace or have repaired Products or parts under warranty deemed defective. This warranty also covers labour costs.
The products sold on the Site comply with the regulations in force in France. The Seller shall not be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check.
The photographs and illustrations accompanying the Products on the Site have no contractual value and therefore do not engage the responsibility of the Seller.
The Customer is solely responsible for the choice of the Products, their preservation and their use.
The Seller shall not be considered liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
ARTICLE 9 - Information Technology and Liberties
In accordance with Law No. 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and are intended for internal use by the Seller. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, this personal data will not be transmitted to third parties, partners of the Seller. The Client has the right to access, modify, rectify and oppose information concerning him/her, under the conditions provided for by the Law and regulations in force.
ARTICLE 10 - Disputes
In the absence of an amicable settlement between the Parties, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, consequences and consequences shall be submitted to the competent courts under the conditions of ordinary law
ARTICLE 11 - Language of the contract - Applicable law
By express agreement between the parties, this contract is governed by and subject to French law.
For convenience, an English translation has been prepared. However, in the event of a dispute, only the French text shall prevail.
ARTICLE 12 - Client Acceptance
The fact that a Customer orders on the Site implies full acceptance and acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, to rely on any contradictory document, which would not be enforceable against the Seller.
GENERAL TERMS AND CONDITIONS OF SALE OF PROFESSIONALS
1. General information
These general conditions apply to all products and services (hereinafter referred to as "the Products") offered by SEATRONIC to its Professional Customers, unless otherwise expressly agreed.
An order for Products placed with SEATRONIC implies the Customer's unreserved acceptance of these general conditions and the waiver of any contrary clause of its own general conditions of purchase.
The Customer must send SEATRONIC a written order stating precisely the Products requested.
To be accepted by SEATRONIC, the first order must be paid for with the order and the following ones will be made with a payment period of thirty days.
An order is deemed valid and accepted after receipt by the Customer of a copy of his order form duly dated and signed by SEATRONIC.
The prices of the Products are valid for 30 (thirty) days from the date of issue of a quotation. In the absence of an estimate prior to an order, the prices of the Products are those applicable on the day of the order, SEATRONIC reserving the right to modify its scale at any time.
The prices of the Products indicated are expressed in Euros, excluding taxes and external charges of all kinds (in particular: transport costs and transport insurance, taxes and customs duties, etc.).
An estimate is always established according to the needs and constraints of each Client and does not constitute a standardised price offer applicable to another order.
4. Payment - delay or default
Unless otherwise agreed, the Products are payable within 30 (thirty) days from the date of invoice, according to the payment formula indicated on the invoice. In the event of payment by LCR, any refusal of a direct debit will result in a bank processing fee of approximately €20 excluding VAT per transaction.
No discount will be granted for early payment.
Failure to pay a single invoice on its due date shall result in forfeiture of the term and render all SEATRONIC's receivables due, even if they are not yet due. From the due date, default interest automatically accrues at the legal interest rate, multiplied by 3 (three).
For any professional, in addition to the late payment indemnities, any sum, including the deposit, not paid on his due date will automatically produce the payment of a fixed indemnity of 40 euros not subject to VAT due for recovery costs (Art. 441-6, I para. 12 of the French Commercial Code and D. 441-5 ibidem).
In addition, in the event of non-payment on the due date, SEATRONIC reserves the right to suspend the execution of all or part of the Client's current or future orders, without prejudice to damages if any.
5. Validity of opening a professional account
The business account is opened without the expiry date. In exceptional cases such as resumption of collaboration after a period of more than one year, Seatronic reserves the right to request the account opening documents again from the professional client concerned, failing which the professional discount cannot be applied.
6. Retention of ownership
The transfer of ownership of the products is suspended until full payment of the price by the customer, even if payment terms are granted.
7. Shipping & Delivery
When receiving packages, special attention must be paid to their condition as any claim against the carrier must be made upon receipt by the delivery person. In case of doubt about the condition of the transported goods, the Customer must put a reserve which will be used to make a claim to the carrier.
8. Confidentiality - Intellectual property
Information relating to the Client and SEATRONIC is confidential.
Unless expressly stated otherwise, the Client authorizes SEATRONIC to quote its name as a commercial reference.
In the context of the execution of orders, SEATRONIC retains all its intellectual and/or industrial property rights, and does not transfer any property rights to the Client.
9. Time limits
The order processing times communicated by SEATRONIC are indicative. Any delay will not engage SEATRONIC's responsibility.
10. Force majeure
The non-fulfilment of orders due to a case of force majeure cannot be the subject of any recourse. In the event of such an event preventing SEATRONIC from fulfilling its commitments, SEATRONIC undertakes to inform the Client as soon as possible.
Each party may freely terminate the order in the event that the case of force majeure persists beyond 60 (sixty) days from the occurrence of the case of force majeure, without either party being entitled to claim damages.
The Products ordered may be delivered in one or more shipments. Any dispute by the Customer concerning the conformity of the delivery with the order placed must, in order to be enforceable against SEATRONIC, be addressed within 8 (eight) days from the delivery date.
All Products manufactured and sold by SEATRONIC are guaranteed 12 (twelve) months from their delivery.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance, such as normal wear and tear or force majeure.
In order to assert its rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform SEATRONIC, in writing, of the existence of defects or malfunctions within a maximum period of 15 (fifteen) days from their discovery.
SEATRONIC will replace or have repaired the Products deemed defective as soon as possible. This warranty also covers labour costs.
The replacement or repair of defective Products will not extend the duration of the above warranty period until they are unavailable.
13. Product return
Any return of Product(s) must be previously and expressly accepted by SEATRONIC, and carried out according to the procedure that may be communicated to the Customer.
SEATRONIC undertakes to perform the obligations for which it is responsible with all the care in use in its profession and in accordance with the best practices of the moment.
SEATRONIC shall not be held liable for any indirect or implicit damages allegedly caused to the Customer. All indirect or implicit damages such as operating loss or loss of customers are therefore expressly excluded.
If SEATRONIC's liability is retained in the execution of an order or following it, the Customer may not claim any compensation or damages in excess of the total price of the order concerned, excluding tax.
15. Termination of contract
If one of the parties having failed to fulfil its obligations does not remedy its failure within 2 (two) weeks after notification of a formal notice by the other party, the latter may, without prejudice to any other action, automatically terminate the contract concluded.
The fact that SEATRONIC does not avail itself at any given time of any of the clauses hereof shall not constitute a waiver of its right to avail itself of these same clauses at a later date.
17. Choice of domicile - Applicable law - Attribution of jurisdiction
The parties elect domicile at their registered office.
Any question relating to these general conditions as well as to the sales of services governed by them is subject to French law to the exclusion of any other right.
18. For any dispute that could not be settled amicably, the courts within the jurisdiction of the Court of Appeal of the Seatronic headquarters shall have sole jurisdiction.