General terms and conditions of sale – The Clinique Sécurité Logistique
Article 1 – Application and enforceability of the general terms and conditions of sale
The present general conditions of sale (GCS) govern all sales of the company CLINIQUE SECURITE LOGISTIQUE, the E-Commerce subsidiary of the company RAYONNAGE CONTROLS. Consequently, the fact of placing an order on our site implies the full and unreserved adhesion of the client company to its GCS, to the exclusion of any other document such as prospectus, catalogue issued by the seller and which have only an indicative value. No particular condition may prevail over the GCS. Any condition to the contrary opposed by the buyer will therefore, in the absence of express and formal acceptance, be unenforceable against the seller, regardless of when it may have been brought to his attention. Furthermore, any acceptance would only be valid within the framework of a specific sale. The fact that the seller does not avail itself, at a given time, of any of these GCS cannot be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
Article 2 – Commercial offer
Acceptance of our offers implies acceptance of these conditions. Commercial offers made by our sales department or by a designated intermediary or commitments made by them are only valid after written acceptance by us. The documentation attached to our offers is for information purposes only, and only the specifications described in the quotation are binding on our company. Details of construction, specification and delivery time are given for information only and without guarantee. The weights that we may indicate in our offers are only approximate and cannot, under any circumstances, give rise to a claim.
Article 2bis – Internet offer and emailings
The internet offers and commercial operations included in our email campaigns are valid for 1 week after the day of sending. Unless otherwise stated, a date of validity is indicated. As stipulated by the CNIL (French Data Protection Authority) law of 6 January 1978, you have an unsubscribe link at the bottom of each of our emailings.
Article 3 – Prices
Our prices are for unpacked goods, ex works. Our invoices are drawn up according to the price list in force on the day of delivery: any new charges, fiscal, customs or other, any increase in transport rates that increase the prices stipulated on the day of acceptance of each order will be at the expense of the client company.
Article 4 – Terms of payment
You have several means of payment at your disposal offering maximum security guarantees. For example, you can pay :
1) By credit card or private card (Carte Bleue, Visa, Eurocard/Mastercard,). For bank cards, the customer must indicate the number of his card, its validity date and its control number on the back of the card. Cards issued by banks domiciled outside France must be international bank cards. Secure online payment by bank card is completely safe: it uses the SSL (Secure Socket Layer) protocol. The information transmitted is encrypted by software and cannot be read during transport on the network. You can see that the transmission is encrypted as soon as the padlock symbol appears in your browser. Moreover, when you enter your bank details, the URL address becomes an https URL (the “s” indicating security) and no longer an http address.
Article 4bis: Information about the 3D secure security system :
3D Secure is a secure Internet payment protocol developed by Visa to increase the level of security of e-transactions, then adopted by Mastercard. The basic principle consists in asking the cyber buyer, in addition to his bank card number, for information independent of the said card. His date of birth, for example, or another personal element. Sites that accept this type of authentication can then display the “Verified by Visa” or “MasterCard SecureCode” logos on their pages. The implementation of this protocol goes hand in hand with the activation as of 1 October 2008 of what is known as “Liability Shift”, in other words the transfer of responsibility from the merchant to the merchant’s bank in the event of fraudulent use of a customer’s bank card .
2) Information about MasterCard® SecureCode?
The MasterCard SecureCode makes it easier and more secure to pay for online purchases. Your SecureCode is a confidential code known only to you and your financial institution. It enhances your existing MasterCard account by providing additional protection against unauthorized use of your card when you make purchases online. To create your own SecureCode, follow the instructions of your financial institution. It’s very easy.
Use your SecureCode at the point of payment
Each time you want to pay for an online purchase at a participating merchant, a window will automatically open and a message will ask you to enter your SecureCode – just like you do at the ATM when you enter your PIN. Within seconds, you’ll have enhanced protection for your online purchases.
3) VISA VERIFIED Information
Verified by Visa is a system that offers extra security for online purchases. It gives your Visa card double protection when you buy products on the internet. This protection is based on a personal message that only you know and which is associated with your secret code. If you’ve signed up for it, you’ll get this extra protection on many of your favourite online shopping sites.
In the event of non-payment of our invoices by the agreed due dates, the sums due will be increased by late payment interest calculated on the annual bank base rate plus 11% calculated on a monthly basis. Any calendar month commenced is due in full as far as interest is concerned. All our transactions will come under the jurisdiction of the Commercial Court of TOURS and this court will have sole jurisdiction for formal agreements between our buyers or suppliers and us in the event of difficulties of any nature whatsoever and whatever the conditions and method of payment agreed.
4) By PayPal: You can pay for your order by PayPal, within the limit of 50 000 euros. To benefit from this method of payment, you must have an account with the PayPal company. If your account is not verified, the amount may be limited. In case of payment by PayPal, the general terms and conditions of use of PayPal apply.
5) By bank transfer: You can pay for your order by bank transfer, indicating your order number on the transfer wording, IBAN FR76 1870 7006 4231 6219 2153 046, BIC CCBPFRPPVER Domiciliation BPVF JOUE LES TOURS.
Article 5 – Packaging
Packaging is invoiced in the best interests of our customers and is never taken back.
Article 6 – Storage charges
In the event of a delay in delivery on the part of the client company, CLINIQUE SECURITE LOGISTIQUE must be notified in writing at least 3 weeks in advance. Should this not be the case, the following management and storage charges will be applied: 0.25% of the total sales price, per week of delay, with a minimum of € 150.00 excluding VAT.
Article 7 – Delivery period
1. If the terms of payment have not been respected by the customer.
2. If the information provided by the customer has not been transmitted in due time to CLINIQUE SECURITE LOGISTIQUE.
3. In the event of unforeseen events of force majeure, such as strikes, shortages of raw materials, manpower, energy and transport.
Article 8 – Delivery
Delivery is deemed to have been made, either by simple notice of readiness, or by direct delivery to the customer or to a carrier. The seller is authorised to make deliveries in whole or in part.
Article 9 – Transport and insurance
Our goods, even if shipped carriage paid, travel at the recipient’s risk. Goods sold in warehouses are kept at the buyer’s risk and expense, in particular for the risk of fire and water damage, risk of malice, forces of nature etc…
The equipment is only insured on the express instructions of the customer. In all cases, it is the responsibility of the buyer to carry out all checks, to make all reservations on arrival of the equipment and to exercise, if necessary, against the carrier, the recourses provided for by the Commercial Code, within the time limits set by the latter. Unloading, unpacking and assembly, except in the case of special agreements, remain in all cases at the expense and risk of our customers.
Article 10 – Cancellation of order
No cancellation of an order may be made without prior determination of a compensatory indemnity.
Article 11 – Returning goods
RIGHT OF WITHDRAWAL
The customer has a period of 14 calendar days from receipt of the products ordered to exercise his right of withdrawal, without having to justify his reasons or pay any penalties. However, the return costs remain at the customer’s expense. If the customer makes use of this right of retraction, the products must be returned in their original packaging, in resaleable condition, accompanied by all accessories and any notices in perfect resale condition, with the original invoice to which the products relate and the return number given by our Customer Service. Any product that is damaged, incomplete, missing or whose original packaging has been damaged, or without the invoice accompanied by the return number, will not be refunded or exchanged and will be returned to the customer at the latter’s expense. CLINIQUE SECURITE LOGISTIQUE also reserves the right not to accept the product if the accessories mentioned in the product’s technical data sheet are missing. In accordance with article L 121-20-2 3° of the Consumer Code, hygiene products, when used, cannot be the subject of the right of retraction. CLINIQUE SECURITE LOGISTIQUE is obliged to exchange the goods or to reimburse the sums paid by the customer (price and delivery costs). However, the return costs remain the responsibility of the consumer. Reimbursement may be made by re-crediting the credit card, by bank transfer or by cheque within a period of less than 30 days following the date on which the right of retraction was exercised.
Article 12 – Penalties
No delay in delivery can give rise to any delay in delivery:
– penalties for late delivery (except in the case of express acceptance on our part)
– for damages of any kind.
– to cancellation of order.
Article 13 – Guarantee
Our equipment is guaranteed for six months from the date of delivery. It is guaranteed against any defect in construction or material, it being understood that this guarantee is strictly limited to the free supply, ex works, of the part recognised as defective by us, and that it does not extend to the consequences or accidents resulting from a defect in material or manufacture. There is no guarantee for damage and consequences, when the installations have been damaged by external events, such as fire, explosion, negligence, handling equipment, malevolence by load, etc. Deteriorations caused by normal wear and tear or those motivated by use, negligence, lack of maintenance, or by overloading, even temporary, are excluded from the guarantee.
In the event of an event leading to the guarantee on the part of CLINIQUE SECURITE LOGISTIQUE, the customer undertakes to immediately notify CLINIQUE SECURITE LOGISTIQUE by telephone, e-mail, fax, and to take all precautionary measures within its power, in order to limit the extent of any possible damage, and/or to carry out a salvage of the goods which threaten to be damaged. In any case, the responsibility of CLINIQUE SECURITE LOGISTIQUE is globally limited, with regard to the client, for its own goods and those for which it is civilly or contractually responsible.
Article 14 – Disputes / Attribution of jurisdiction
However, the consignees remain liable for any damage to the goods. The sale only becomes perfect and transitive of property when the total payment of the main interests and costs, if any, has been made. In the event of non-payment of a due date and six days after an unsuccessful summons to pay, the sale will be cancelled by operation of law and the material will be immediately and without delay returned to CLINIQUE SECURITE LOGISTIQUE unless the latter prefers to pursue the recovery of the sum due. In this case, the President of the Commercial Court of TOURS, ruling in summary proceedings, will have sole jurisdiction to record the cancellation and order, by provision, the return of the equipment and appoint such expert as he may deem appropriate to ascertain the condition and evaluate the market value of the equipment thus returned. The payments made will be retained by CLINIQUE SECURITE LOGISTIQUE as damages and interest, and the market value of the returned equipment, evaluated according to its condition, its date of construction and its sale possibilities, will be entered in the books of the company to the credit of the purchaser, who undertakes, after this operation, to pay, if necessary, the balance of his debtor account including principal, interest and costs. In the event of a change of address of the buyer, rental, transfer of his business or certain elements of it, as well as in the event of non-payment of a single instalment, all outstanding sums will become immediately payable.
Article 15 – Retention of title
In accordance with law n° 80.335 of 12 May 1980, our sales only become perfect after payment of the total price of the goods delivered.
Article 16 – Retention of title
Within the framework of orders, CLINIQUE SECURITE LOGISTIQUE is led to collect personal data. These data are processed and stored in conditions designed to ensure their security. Some of this data is essential for the processing of customer requests or orders.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and delete data concerning him/her.
The Customer is therefore likely to receive promotional offers from CLINIQUE SECURITE LOGISTIQUE. If he does not wish to do so, he may oppose this, either by writing to RAYONNAGE CONROLS – ZA Les Poujeaux – 4bis Rue des Ormes- 375300 Nazelles-Négron or firstname.lastname@example.org, or when these offers are sent by e-mail, at the time of collection or by clicking on the unsubscribe link appearing there. This information will only be communicated to third parties if the Customer has expressly given his prior consent.