TERMS AND CONDITIONS
The company OrigaLys (below THE SELLER) is registered in the Trade register of Lyon under the number RCS 790 001 960. Its postal address is: Les Verchères 2, 1st floor, 62A Avenue de l'europe, 69140 Rillieux-la-Pape, France (below THE SELLER'S ADDRESS); its phone number is +33 9 54 17 56 03; And its e-mail address is [email protected]. Any order for a product appearing in the online store of the www.origalys.com website (below the SELLER WEBSITE) implies the consultation and the prior acceptance of terms and conditions. The validation click implies full acceptance of it. This click is a "digital signature".
NAME: OrigaLys Electrochem
LEGAL FORM: SAS
RCS: LYON 790 001 960
Intra-community VAT number: FR42790001960
The purpose of these terms and conditions is to define the rights and obligations of the Parties in connection with the sale of goods offered by THE SELLER to the consumer on line.
The contractual information will be confirmed by e-mail to the address indicated by the consumer within the purchase order.
EVIDENCE OF THE TRANSACTION
Computer records kept in the SELLER's computer systems under reasonable conditions of security shall be considered as evidence of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as evidence.
INFORMATION ON THE PRODUCTS
All efforts have been made to ensure the accuracy of the information presented on the SELLER WEBSITE. THE SELLER or its suppliers shall not, however, be liable for the consequences, incidents, special damages resulting from electronic transmission or the accuracy of the information transmitted even if THE SELLER has been aware of the possibility of such damage. The photos, descriptions and prices of the products are not contractual.
DURATION AND PRICES OF THE OFFERS
The SELLER's prices are valid 60 days and are in Euro, ex-works, unpackaged products and duty-free.
The prices displayed are only valid in the "Eurozone". For any offers outside of this area, additional charges may apply. If the consumer country has an Origalys agent, the SELLER cannot (except in particular case) send an offer directly to the consumer.
Prices are subject to review if THE SELLER is unable to meet the deadline due to the instructions or a lack of instructions from the consumer.
Minimum amount for purchasing: €100 HT.
For any order less than €100 HT, we apply a management fee of €15.
The SELLER's payment terms are 30 days from the date of issue of the invoice, including VAT.
Delay penalties are due on the first day after the settlement date on the invoice. The interest rate will be equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. A lump sum payment of EUR 40 will also be applied for each late invoice.
For contracts equal to or greater than €20,000 excluding Taxes, and if there is no other agreement between the SELLER and the customer, the terms of the regulations shall be as follows:
- 30% to order
- 70% on delivery of equipment
For any new customer, within the European Union, or any client presenting a solvency risk, a deposit of 30% to 50% will be required (payable to the order).
The company also reserves the right to request a payment in advance of the entire order for any new customer outside the European Union.
The products are delivered to the address indicated by the consumer on the purchase order and only on the geographical areas we serve.
All products leave our premises in perfect condition. The customer must report to the carrier (or to the factor) the slightest trace of shock (holes, traces of crushing etc.) on the parcel, and if necessary to refuse the parcel. A new identical product will be returned to you free of charge.
The exchange of any product declared, in ex, damaged during transport, without any reservation having been issued at the reception of the parcel, will not be able to be taken over.
As in any expedition, it is possible to suffer a delay or the product strays. In such a case, we contact the carrier to start an investigation. All efforts are made, as long as necessary, to find this parcel. If necessary the trader will be reimbursed by the carrier and deliver a new parcel identical to his expenses.
We disclaim all responsibility for the extension of delivery times as a result of the carrier, particularly in the event of loss of products, weather or strikes.
DELIVERY PROBLEMS DUE TO CARRIER
Any anomaly concerning the delivery (damage, missing product in relation to the delivery order, damaged parcels, broken products ...) must be imperatively indicated on the delivery voucher in the form of "handwritten reserve", accompanied by the signature of the client.
The consumer shall concurrently confirm this anomaly by sending the carrier within (2) two working days following the date of delivery a registered mail with acknowledgement of receipt exposing the said claims.
The consumer will have to send a copy of this mail to the SELLER'S ADDRESS. Without this finding, we are not making any exchange.
The consumer shall formulate to the SELLER, on the day of delivery or at the latest the first working day following the delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the purchase order.
Beyond this period, any claim will be rejected. The wording of this claim to the SELLER may be made at the ADDRESS OF THE SELLER.
Any claim not made in the rules set out above and within the specified time limits may not be taken into account and will relieve the SELLER of any liability to the consumer.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the SELLER as a whole and in its original packaging in impeccable condition to the SELLER'S ADDRESS.
To be accepted, any return will have to be reported and have the prior agreement of the SELLER, who in case of agreement reship the parcel to the correct address.
The cost of the shipments shall be borne by the SELLER, except if the product does not correspond to the Declaration of origin made by the consumer in the right direction of return.
WARRANTY ON THE PRODUCTS
The provisions hereof may not deprive the consumer of the legal guarantee which requires the professional seller to guarantee it against all the consequences of hidden defects of the thing sold.
The warranty period is five years (5 years). Are excluded from this warranty:
- All products modified or repaired by the customer or by any other entity than the suppliers chosen by the SELLER.
- All wear parts: all connectors of instruments, internal batteries of OrigaΜµ, brush holder (brush holder and charcoal contact) of OrigaTrod, bearings of OrigaTrod, needles of OrigaTrod and StaTrod.
- All non-defect design accessories: tips, sample-holders, pellets, electrodes, glass cells, o-rings.
- Abnormal use contrary to the conditions of use of the instruments.
RIGHT OF WITHDRAWAL
The right of withdrawal applies only to natural persons.
In accordance with articles L. 120-20 (of the French consumer Code), the consumer has a period of fourteen (14) calendar days to return, at his expense, the products not suitable for him. This period of time runs from the day of receipt of the consumer order. Any return may be reported beforehand to the SELLER's customer service. The product must be returned to the SELLER'S ADDRESS.
Only the products returned as a whole, in their original packaging and intact, and in perfect condition of resale, will be taken back. Any product which has been damaged, or whose original packaging has been deteriorated, will not be reimbursed, taken back or exchanged. This right of withdrawal is exercised without penalty, except for the costs of sending and returning. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid or the exchange of the product. In the case of an exchange, the Redispatch will be done at the expense of the consumer.
In the event of the exercise of the right of withdrawal, the SELLER shall make every effort to repay the consumer within fourteen (14) days.
RIGHTS OF USE
The use of the marks present on the site is strictly prohibited.
None of the parties will have failed to fulfil its contractual obligations to the extent that their execution will be delayed, hindered or prevented by a fortuitous case of force majeure. It will be considered as a case of force majeure any fact or circumstance irresistible, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all reasonable efforts possible.
The party affected by such circumstances shall notify the other within ten (10) working days of the date on which it has been notified.
The two parties will then come closer, within three months, except in case of force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be pursued. If the force majeure case lasts longer than one month, these general conditions may be terminated by the aggrieved party.
Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those which are usually retained by the case-law of the French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flooding, lightning, shutting down telecommunication networks or difficulties peculiar to external telecommunication networks to customers.
PARTIAL NON VALIDATION
If one or more provisions of these terms and conditions are held for non-validated or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall keep all their strength and reach.
The fact that one of the parties fails to avail itself of a breach by the other party to any of the obligations under these general terms and conditions cannot be construed for the future as a claim to the obligation in question.
These general conditions are subject to the French law. This is so for the fund rules as for the rules of form.
In the event of a dispute or a complaint, the consumer will first address the SELLER to obtain an amicable solution.
PERSONAL DATA PROTECTION
All the data you entrust to us is so that you can process your orders.
Under Act No. 78-17 of 6th January 1978 (on information technology, files and liberties), you have the right to rectify, consult, modify and delete the data that you have communicated to the SELLER. This right can also be exercised online.
Any order placed through the SELLER's website will take the customer's membership, without any restrictions, to the SELLER's Terms and Conditions.
In case of sale to a legal person, any different relating to the sale (prices, terms, products, ...) will be subject to French law before the Commercial Court of the SELLER's registered office.