ARTICLE 1 - Scope of these General Conditions of Sale
These General Conditions of Sale (the "strong>GTC ") apply, without restriction or reservation to all offers made and sales concluded by OPTIMEO (The" Seller ") From all professional buyers or distributors (the" Clients " where the " Customer ") Purchasing via the Seller's website the products offered for sale by the Seller, and in particular the Opti-1 ergonomic document holder and the Opti-2 laptop booster, developed by the Seller (the" Products ").
They specify in particular the conditions of purchase, ordering, payment, and delivery or delivery of Products ordered by Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented in the Seller's catalogs and appear on the latter's website. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential features.
Product offers are subject to the limit of available stocks.
These T & Cs apply to the exclusion of all other conditions, and in particular those of the Customer.
These T & Cs are systematically communicated to any Customer prior to the purchase or ordering and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these GTC and to have accepted them before purchasing or placing an order. These GTCS may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date of the purchase or the placing of the order.
The validation of the order on the Seller's website by the Customer constitutes acceptance without restriction or reservation of these T & Cs.
ARTICLE 3 - Product orders online
Online orders for Products are made as follows:
The sale will only be considered final after confirmation of the acceptance of the order by the Seller has been sent to the Customer, and after receipt by the latter of the full price due.
It is the Customer's responsibility to verify the accuracy of the order before confirming it definitively.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to a previous order.
ARTICLE 4 - Prices
The Products are supplied at the prices in force appearing on the Seller's website on the day of the purchase or the registration of the order by the Seller.
The prices are expressed in Euros, HT and TTC. The Seller reserves the right to modify the prices at any time, this modification not applying to orders in progress.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Seller's website and calculated prior to the validation of the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
An invoice is established by the Seller and sent to the Customer upon delivery of the purchased Products ordered.
ARTICLE 5 - Terms of payment - Late payments
Any amount paid in advance of the price, deposit or deposit, is productive of interest at the legal rate at the expiration of a period of three months from the payment and until the date of delivery or execution of the service.
The price is payable in cash, in full on the day of purchase or ordering by the Customer, as follows:
- by credit cards: Visa, MasterCard, American Express, other credit cards
- by transfer.
Payments made by the Customer will be considered final.
In the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after the payment date appearing on the invoice addressed to the latter, late penalties calculated from the due date of payment at the rate of the ECB + 10%, will be acquired automatically and automatically from the Seller, without any formality or prior notice and will result in the immediate payment of all sums due by the Customer, as well as a lump sum compensation of 40 € per unpaid or late invoice, without prejudice to any other action that the Seller would be entitled to bring, as such, against the Customer.
In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment may be billed to the Customer.
ARTICLE 6 - Delivery of products - Deliveries
The Products ordered or acquired by the Customer will be delivered in mainland France within 2 weeks of the order for the standard version and 4 weeks for the customizable version, from the date of validation of the proof by the Customer.
For international deliveries, the customer is informed that they will take place within 4 weeks of the order.
The delivery times listed above are only indicative and do not bind the Seller.
In the event of international delivery, the Customer is informed that delivery times will potentially be longer depending on the country of destination.
The delivery concerns only one place per order.
Regarding deliveries in packages of 25 pieces or on pallets, the Products are always delivered flat and unassembled for a minimum of bulk.
Customers undertake to acquire a minimum of 25 Products per order.
An invoice will be issued to the Customer at the latest on delivery, for each order.
ARTICLE 7 - Checking the Products on delivery
When the Product is delivered, the Customer must carry out a complete and exhaustive verification of the Products in order to verify their packaging, conformity, quality and quantities. Any non-conformity, apparent damage to the packaging and / or the Product, or any missing quantity must be noted and communicated to the Seller as soon as they are noticed by e-mail. The Product will be automatically deemed accepted if the Customer does not make any written complaint within two (2) days of delivery.
No complaint will be accepted by the Seller with regard to defects, non-conformity, insufficiencies, missing quantities that a normal verification should have revealed, in the event that said verification was not carried out or was carried out improperly.
In the event of a written complaint from the Customer, the latter must return the Product concerned to the Seller without delay in order to allow the Seller to carry out an inspection of this Product.
ARTICLE 8 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Customer will only be carried out after delivery and after full payment of the price by the latter, regardless of the date of delivery of said Products.
Except when the Customer uses a carrier that he himself has chosen, independent of the Seller, in which case the transfer of risk is made when the products ordered by the Seller are handed over to the carrier chosen by the Customer, whatever either the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto, will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.
ARTICLE 9 - Responsibility of the Seller - Guarantee
The Products offered for sale comply with the regulations in force in France and in the European Union and have performance compatible with usual uses for this type of product.
The Products supplied by the Seller benefit as of right and without additional payment, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned deadlines and return the defective Products to the Seller in the condition in which they were received with the all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products under warranty deemed non-compliant or defective. In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 60 days of the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by check sent to the Customer.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
- in the event of misuse, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
SELLER'S WARRANTY IS, IN ANY CASE, LIMITED TO THE REPLACEMENT OR REIMBURSEMENT OF NON-CONFORMING OR DEFECTIVE PRODUCTS.
IN NO EVENT SHALL THE SELLER BE HELD LIABLE FOR ANY LOSS OF OPERATION, PRODUCTIVITY AND / OR ANY OTHER LOSS OR DAMAGE, INCIDENTAL OR CONSEQUENTIAL, DIRECTLY OR INDIRECTLY SUFFERED BY THE CUSTOMER OR ANY OTHER PERSON, AS A RESULT OF THE PRODUCTS. . ACCORDINGLY, THE CUSTOMER WAIVES ANY RECOURSE AGAINST THE SELLER AND ITS INSURERS IN THIS RESPECT AND UNDERTAKES TO OBTAIN SUCH WAIVER FROM ITS OWN INSURERS.
FURTHERMORE, SELLER'S RESPONSIBILITY FOR A QUOTE OR ORDER SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PRICE APPEARING ON THIS QUOTE OR ON THIS ORDER.
ARTICLE 10 - Intellectual property
The Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) for the supply of the Products to the Customer.
The Opti-1 Product and the Opti-2 product are registered designs and trademarks of the Seller. A patent application has been filed by the Seller.
The Customer therefore refrains from any reproduction of the Products, as well as any use of said photographs, presentations, studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may make it conditional on financial compensation.
ARTICLE 11 - Personal data
The Seller implements the processing of personal data - in particular via its website - in order to enable it to ensure the management and follow-up of its Customers' files and above all, in order to be able to enable the efficient implementation of the product.
These data are absolutely necessary for the sale and the proper implementation of the Product developed by the Seller, namely the ergonomic document support, which aims to help prevent the risk of MSDs when working on screen.
Personal data is managed by the Company OPTIMEO and can be viewed by staff or associates within the framework of the Company's activity.
Thus in accordance with the law "Informatique et Liberté" of January 6, 1978 as amended and the European Regulation known as "RGPD" n ° 2016/679 / EU of April 27, 2016, the Customer has a right of consultation, modification and withdrawal all personal data collected by the Seller.
To exercise these rights, you must write to the following address: email@example.com .
ARTICLE 12 - Unpredictability
In the event of a change in unforeseeable circumstances during the conclusion of the contract, the Party which has not accepted the risk of excessively onerous performance may request a renegotiation of the contract from its co-contracting party. However, if the change in unforeseeable circumstances during the conclusion of the contract were final or lasted beyond two months, these would be purely and simply resolved.
ARTICLE 13 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code .
ARTICLE 14 - Termination of the contract
In the event of sufficiently serious non-performance of any of the obligations arising from these general conditions incumbent on the other Party, the Party victim of the default may notify by registered letter with acknowledgment of receipt to the Defaulting Party, the faulty resolution hereof, 30 days after receipt of an unsuccessful formal notice to perform, in application of the provisions of article 1224 of the Civil Code.
ARTICLE 15 - Right of Withdrawal
Professional Customers benefit from a right of withdrawal in accordance with Article L. 121-16-1.III of the Consumer Code on condition that the sale takes place via the Seller's website, that is to say say outside the Client's establishment that the subject of the contract does not fall within the Client's main field of activity and that the Client has less than 5 employees.
This right of withdrawal can be exercised within 14 days from the date of receipt of the Products.
This right cannot be exercised if the Products have been personalized at the request of the Customer, according to his specific requests.
ARTICLE 16 - Applicable law - disputes
By express agreement between the parties, these GTC and the purchase and sale transactions resulting therefrom are exclusively governed by French law.
The GTC are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 17 - Pre-contractual information - Customer acceptance
The Customer acknowledges having communicated, prior to the purchase or placing of his order and the conclusion of the contract, in a clear and understandable manner, of these GTCS and all the information relating to the Products and in particular the following information :
- the essential characteristics of the Product;
- the price of the Product and ancillary costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or the deadline at which the Seller undertakes to supply the Products ordered;
- information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if it does not appear from the context;
- information relating to legal and contractual guarantees and their implementation methods;
The fact for a natural or legal person to make a purchase or to order a Product implies full and complete acceptance and acceptance of these GTCS and obligation to pay for the products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail itself of any contradictory document (and in particular its own general purchasing conditions), which would be unenforceable against the Seller.
ARTICLE 18 - Seller's contact details
SAS with a capital of 1,000 €
2 rue du Chemin de la Montée in DEYVILLERS (88000)
registered with the RCS of NANCY under number 827 972 803
E-mail : firstname.lastname@example.org