TERMS
1. GENERAL
The fact of placing an order implies the full and unreserved acceptance of these general terms and conditions of sale by the buyer.
With the exception of specific written and formal stipulations on the part of Zellteck (hereinafter referred to as "The Seller"), in particular in a specific contract between the Buyer and the Seller, no particular conditions may prevail over these conditions. Any contrary condition set by the buyer will therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of the time at which it may have been brought to his attention.
It is expressly stipulated that all clauses printed in the margin or in the body of the Buyer's letters or order sheets, and contrary to these General Terms and Conditions of Sale, may not be invoked against the Seller unless they have been the subject of a prior written agreement by the Seller.
The prices, weights, specifications, dimensions and information contained in the prices, catalogues and instructions are given for information purposes only and are not binding on the Seller.
Our templates may be changed or removed at any time without notice. Our prices may also be modified under the same conditions.
These T&Cs are made available in advance to anyone interested in purchasing our products. To finalize their order, the Client confirms their acceptance of these T&Cs by ticking the box provided for this purpose on the order validation page. Zellteck may modify these T&Cs at any time and without notice. The applicable T&Cs are those in force on the day of the order.
2. ORDERS
The products offered for sale on the Site are those presented on the date of consultation by the Internet user, within the limits of available stocks and are described in product sheets including a photo and indicating their name and characteristics.
3. PRICES
The products are supplied at the price in force at the time the order is placed.
Prices are net excluding taxes, ex-works and packaging included (except for specific packaging mentioned and quantified on the Seller's price offer). Any taxes, duties, duties or other services payable under the regulations of the buyer's country or a transit country shall be borne by the buyer.
Special pricing conditions may be applied according to the specificities requested by the buyer, in particular concerning delivery methods and times.
4. DELIVERY
4.1. Terms of delivery
Unless otherwise specified, sales are made exworks (ICC 2010 incoterm).
Delivery is made either by direct delivery of the product to the buyer, or by simple notice of availability, or by delivery to a shipper or carrier.
4.2. Deadlines
The Seller reserves the right to modify the delivery times indicated by the Buyer on the website. In this case, he will inform the Buyer by return. Delivery times are given by the Seller as an indication.
As a result, a delay in delivery does not give the buyer the right to cancel the order, nor the right to claim compensation for the direct or indirect damage caused by the delay.
In addition, the seller is authorized to proceed with the automatic delivery of any order at the buyer's risk and expense, 1 month after the date of availability communicated to the buyer.
5. TRANSPORTATION
The transfer of risk on the products takes place as soon as they are shipped from the Seller's warehouses, or, if the buyer is required to pick up the goods made available by the Seller, as soon as the notice of availability is sent. This means, in particular, that the goods travel at the buyer's own risk, despite the retention of title clause that applies to the goods sold.
All transport, insurance, customs, handling operations are at the buyer's own risk, even in the case of free supply. The Seller cannot be held responsible for the choice of carrier.
In the event of damage or loss during transport, it is the responsibility of the consignee to exercise, if necessary, any recourse against the carrier, in accordance with Articles 133-3 and 133-4 of the French Commercial Code.
6. COMPLAINTS
Under penalty of foreclosure, claims concerning the goods, notwithstanding any recourse to be exercised against the carrier in accordance with Articles 133-3 and 133-4 of the French Commercial Code, must be made by registered mail with acknowledgement of receipt:
- within 24 hours of the arrival of the goods at the place of destination in the case of an apparent defect or shortages;
- within fifteen days of delivery, if it is a non-apparent defect, or a non-conformity of the delivery with respect to the specifications of the order.
After this period, the products will be deemed compliant.
In any case, no returns will be accepted unless agreed in writing by the Seller.
7. PAYMENT TERMS
The terms of payment are as follows: Payment before shipment, by bank transfer, credit card or SEPA money order for months (unless specific conditions agreed between the parties).
No discount will be applied by the Seller for cash payment or for a period shorter than that indicated on the general terms and conditions of sale.
Payment deadlines are imperative. In the event of late payment, the Seller may suspend all orders in progress, and the sums due will result in the application of penalties of an amount equal to three (3) times the legal interest rate without prior notice, Any delay in payments will result in the immediate payment of all sums remaining due, regardless of the payment method chosen. In the absence of full payment by the agreed deadline, and fifteen days after a formal notice sent by registered mail, the sale will be cancelled by operation of law if the seller sees fit who will then be released from any commitment to the buyer and authorized to repossess the goods not yet paid. The cancellation will affect not only the order in question but also all previous unpaid orders, whether they have been delivered or are in the process of being delivered, and whether or not their payment has expired. The buyer will have to reimburse all costs incurred in the litigation recovery of the sums due.
It is expressly agreed that the price of the products will always be denominated in Euro, and that the buyer will bear the costs related to the chosen payment method.
The deposits paid will remain with the Seller in the event of cancellation of the order, as damages, notwithstanding the latter's right to demand the completion of the Sale.
8. WARRANTY
Our products are guaranteed against any manufacturing defect for a period of 2 years, excluding wear parts and consumables, from the date of delivery. The latter is limited to the free replacement or repair of the product or component recognized as defective. Other claims are excluded, including reimbursement.
No performance or consequential damage will be covered under the warranty.
Interventions under the guarantee may not extend the duration of the guarantee.
Warranty coverage implies the prior return of the defective product or item to the Seller, at the Buyer's expense. The payment will be effective after the Seller has diagnosed the defect of the product.
In the event of a claim, the buyer will not have the right to delay payment or make a deduction from the sums due. He must, under penalty of forfeiture of his rights, inform the Seller in writing of the existence of the defects within a maximum period of 2 months after their discovery.
9. LIMITATION OF LIABILITY
Defects and deterioration caused by natural wear and tear or by an external accident (incorrect assembly, defective maintenance, abnormal use, etc.), or by a modification of the product not foreseen by the Seller, are excluded from the warranty.
In addition, the Seller's liability is limited to defects in its products but not to defects that appear in connection with the integration or addition of its products to those of other suppliers. It is the buyer's responsibility to verify the conformity of the product with the use for which it is intended, as he is responsible for both the destination and the conditions of use of the product delivered.
The Seller shall in no way be liable for any indirect damages, in particular operating losses or profits, indirect losses or consequential damages of any kind, suffered by the buyer or by any third party. In any event, the amount of damages to be paid to the buyer is limited to the purchase value of the disputed products.
To the extent that the Seller's liability is incurred by a third party, the Buyer is obliged to indemnify and indemnify the Seller if such liability exceeds the limits set out in these Terms.
10. RETENTION OF TITLE
The goods remain the property of the seller until full payment of the price.
The buyer undertakes personally to the Seller not to dispose of the goods purchased by any means whatsoever, either in full ownership or by pledge, before full payment of the price.
In the event that the buyer objects to the return of the unpaid goods, a simple summary order will be equivalent to rescission of the sale and authorization to take back the goods.
Notwithstanding this retention of title clause, the purchaser shall bear all transport risks as well as those that may arise from the time of taking possession of the goods.
The Buyer therefore undertakes to have the products ordered for the benefit of the Seller insured at his own expense by a reputably solvent insurance company until the complete transfer of ownership and to justify this at the latter's first request.
In the event of a claim, and even if the buyer is not found responsible, the Company undertakes to compensate the Seller as a priority up to the amount of the invoice.
11. FORCE MAJEURE
Any circumstance beyond the control of the Seller such as strike, lockout (including at subcontractors), fire, mechanical breakdown, war or riots, legislative measures, absence or delay of subcontractors resulting in a delay in deliveries entitles the Seller to postpone the delivery date, reduce or cancel the order without the buyer being able to claim any compensation in this respect.
12. COPYRIGHT
Drawings, models, tools, tools and other items purchased for the manufacture of the products remain the property of the Seller and are not handed over to the buyer even if the buyer has borne the cost thereof. All rights belong to the Seller and must not be transferred, copied, published or transmitted without the prior written permission of the Seller.
13. JURISDICTION CLAUSE AND APPLICABLE LAW
In the event of a dispute, the Commercial Court of the Seller's registered office will, by express agreement, have sole jurisdiction, regardless of the place of delivery, the method of payment accepted and even in the event of a warranty claim or multiple defendants. French law is the only applicable law.