EKOSCAN GENERAL TERMS AND CONDITIONS OF SALE
General conditions on 2017 August 30th
Definitions
Object
Acceptance of sale terms
Contractual and non-contractual documents
On-line purchase of products
Orders
Retractation rights
Payment
Ownership transfer
Warranties
Responsibility
Personal data
Complaints
Terms of sale validity
Choice of juridiction and law
PREAMBLE
Ekoscan SARL (limited liability company) with a share capital of 1,000,000 euros is registered at Chalon/Saône under number 523 390 102. The company is established at the following geographic address:
34 Quai Saint-Cosme
71100 Chalon/Saône
France
Ekoscan legal representative (hereinafter the ‘seller’ ) exploits an internet website
This site is dedicated to the sale of products to website users (hereinafter the ‘customer’).
Our General Terms and Conditions of Sale (GTCS) manage purchases on our website by on-line customers.
1. DEFINITIONS
What do the terms used in GTCS and mentioned below mean?
‘Customer’ designates the seller’s counterpart. The customer guarantees being a consumer according to French law and jurisprudence. As such, he is particularly expected to act without any commercial activities.
‘Delivery’ means the presentation of the products ordered by the customer at the delivery address given on the purchase order.
‘Products’ designates all the available products and goods offered for sale by the seller.
‘Website’ designates the set of pages of information on the internet about functionalities and services offered to users at https://ekoscan.fr.
‘User’ designates any person visiting and navigating through our website
2. OBJECT
These GTCS rule the sale by the seller to his customer of the products available on the site.
The customer is fully aware that the conditions determine any order placed on the site in order to purchase a product.
Any order places on our site necessarily involves an unconditional acceptance of our GTCS.
3. ACCEPTANCE OF OUR GENERAL CONDITIONS
The customer will have to read these conditions carefully and agree with them before processing to the payment for the order placed on our website.
These GTCS are referenced at the bottom corner of each page through a link. They should be consulted and accepted prior to an order being placed.
The customer is asked to carefully read, then to download and print these GTCS. He is also invited to keep a copy of these GTCS.
The customer should make a commitment to read these conditions before any new order since the latest version applies for any new order.
When clicking on the first button to place an order, then on the second button to confirm this order, the customer agrees to have read, understood and accepted the terms and conditions without any limitations or conditions.
4. CONTRACTUAL AND NON CONTRACTUAL DOCUMENTS
These GTCS include the following contractual documents :
The present document
Annex, namely Retractation policy
Privacy policy of Ekoscan site
It is understood that these contractual documents interact with each other. However in case of contradiction or disagreement they will prevail in the order in which they appear. The document of superior rank prevailing over the one of inferior rank.
Pictures, photos, graphic illustrations of the products put up for sale are non-contractual documents.
5. ON-LINE PURCHASE
In order to be allowed to purchase on Ekoscan site, a customer must be at least 18 years old, he must have legal capacity too. If a customer is underage, he must have the agreement of his legal representative.
The customer will be asked to provide accurate information.to be identified. He will have to fill in a form available on the site at https://ekoscan.fr.
To process an order the seller will ask the customer to complete all the fields marked with an asterisk (★).
A customer service may also be contacted via the following telephone number : area code number + 09 81 80 30 79.
The customer will have to provide complete, accurate and up to date information. The seller reserves the right to ask the customer to confirm his identity, his eligibility, the given details.
6 ORDERS
Any order implies the acceptance of all the general conditions of sales which prevail on the general conditions of purchases. Orders are firm and final, no cancellation of an order will be accepted without written consent from the seller. Likewise down payment will not be refunded without written consent. If the delivery deadlines are not met it will not entitle the customer to compensation, nor justify cancelling an order.
6.1 Product specification
The seller makes every effort to present, as clearly as possible, the main specifications of a product and the compulsory information to be supplied to a customer under applicable law. The seller will therefore invite the customer to carefully read the given information before ordering a product on-line.
When being fully aware of a product specifications, it is the customer’s sole responsibility to determine a product liability according to his needs, then to order this product.
On no account will the seller be directly or indirectly responsible. If the customer feels he is not competent enough to choose a product, he may request further details from the sales staff at the following email address : contact@ekoscan.fr. He may also call at area code number + 09 81 80 30 79.
Correct product availability is mentioned. on the site. The seller reserves his right to change the list of on sale available products according to constraints due to the supplier. Unless expressly stated on the site, all our products are new and they comply with the legislation in force in Europe and in accordance to French laws.
6.2 Order procedure
Orders are to be directly placed on Ekoscan website. To place an order the customer will have to follow the steps described below.
6.3 Choosing products and purchasing options
The customer will have to choose the products he wants to buy by clicking on the chosen items, indicating the desired quantity, and when possible, special size, colour and measurements. Then he will click on the ‘Add to cart’ button. Once the product has been chosen, then placed in the shopping cart, the customer may add as many products as he wants to buy.
6.3.1 Orders
When the selected products are in his shopping cart, the customer still has the opportunity to modify the contents of the cart before confirming a final order. Then the customer will be asked to give his details or to subscribe.
When the customer has validated the contents of his cart and has logged on our site, an on-line form indicating the price of the products, the applicable taxes and when appropriate, the delivery costs will be displayed on his screen.
Then, the customer is asked to check the details of his order (including quantity, the references of ordered products, invoicing address, payment method, the amount to be paid for his order).
After validating the GTCS, the customer will choose a means of payment, then give the necessary details for invoicing and delivering the ordered products.
As far as products with available options are concerned, specific information will be displayed on his screen when the right options have been selected. to be processed, orders must be completed with all the necessary information.
An order will be definitively validated after full payment has been made (principal amount and incidentals).
It must be understood that a contract of sale is under a revolutionary condition, that is to say: the ordered product has to be available.
The newly passed order will be cancelled if it turns out that the customer has not (fully or partly) paid for previous orders.
6.3.2 Acknowledgement of receipt
Once all the steps described above have been completed, an overview page opens, the customer is informed that his order and its processing have been taken into account.
The seller has an 8-day further time to confirm or deny whether the ordered products are available or not. Then the customer will receive an email to let him know whether the products he has ordered are available or not. When the seller has confirmed the total or partial availability of the ordered products, he will proceed with sending formalities according to the method of delivery chosen by the customer. A copy of the acknowledgement of receipt will be sent to the customer by email provided he has given a valid email address when filling in his registration form.
6.3.3 Invoicing
During an ordering procedure the customer will have to enter the necessary information for invoicing. The customer will have to clearly indicate the necessary details for delivering the products. An exact delivery address is necessary.
Then the customer will have to indicate the means of payment he has chosen and when appropriate, his bank details before clicking on the button to confirm his order.
Neither the on-line order form nor the on-line acknowledgment of receipt sent to the customer constitute an invoice.
Whatever the means of payment chosen, the customer will be sent an on-line invoice.
6.4 Date of order Shipping Delivery
Starting on the day the seller sends the customer an email to confirm the availability of the ordered products, that is to say, on the day the order has been confirmed, the limits start being calculated.
The products are delivered at the address provided by the customer on his on-line order.
Two delivery methods are offered by the seller. Pick and Go location or door-to-door delivery. When he passes an order, the customer may choose one or the other means of delivery.
6.5 Pricing
Once the content of his shopping cart is overviewed, the customer is informed about prices in Euros, pre-tax prices, taxes and applicable delivery charges (depending on how heavy the parcel is, exclusive of package), delivery address, carrier and on the type of transport chosen.
Prices include value added tax (VAT) which is subject to change depending on exchange rates. The applicable rate may change an existing price depending on the date of entry into force.
The VAT applicable rate is expressed as a percentage of the price of a product. Prices
charged by suppliers may change at any time and without notice. Consequently prices indicated on the order form may change according to special offers or special sales. The applicable price is the one indicated on the seller site on the date of validation of the order passed by the customer.
6.6 Product availability
Because of stock management and stock control of the seller a product may be unavailable. As the case may be the seller is committed to fulfill an order under the condition that the ordered product is available. In any event if the unavailability of a product has not be mentioned when the customer passed his order, the seller makes a commitment to quickly keep the customer informed. Customers may also be informed when a seller is restocking a product.
At a request made by a customer the seller may :
either suggest sending all the products at the same time as soon as the product out of stock is back on sale.
or send the available products, then send the other ones as soon as they are available again, provided the customer is kept informed of additional transport charges.
If the customer makes a decision to cancel his order of unavailable products, he will be reimbursed for the amount already paid in thirty (30) days at the latest.
7. RIGHT OF RETRACTATION
The terms and conditions within which the right of withdrawal is to be exercised are provided at the bottom of each page of this site via a hyperlink. (See Annex)
8. PAYMENT
8.1 Means of payment
To settle a bill the customer may resort to:
payment by bank transfer
payment by a bank check subject to being cashed
payment on account
When the customer has chosen a means of payment, he will be redirected to the site corresponding to his choice to make this payment As part of the process the customer is required to ensure he has the authorization to choose to use the chosen means of payment.
When providing a credit card number or the details of his bank account the customer authorizes the banking institution to debit the total due amount for his order on behalf of the seller .
All necessary measures will be taken to guarantee the safety and confidentiality of the data transmitted on-line in an on-line payment.
If the customer has chosen a payment by bank transfer, the seller will ask the customer to make a fund transfer rapidly so as to minimize the risks of unavailability of the ordered products.
8.2 Date of payment
In accordance with the provisions of article 6 of these conditions of sale, when a customer has chosen a one time payment by credit card, his account will be charged upon confirmation of the availability of the ordered products by the seller.
Should the customer decide to cancel his order of unavailable products he will be paid back according to the last paragraph of article 10.2.2 of thereby GTCS.
9. TRANSFER OF OWNERSHIP
The seller retains ownership of the ordered product pending full payment by the customer.
The photos of our products are not contractual and they may be changed.
10. WARRANTIES
10.1 Guaranties of conformity
The seller is required to deliver a compliant product, that is to say a product corresponding to the expected use of such a product. The delivered product should comply with the description given on-line.
Such a conformity also assumes that the product offers the qualities a buyer may rightfully expect with regard to public statements made by the seller.
Any complaint should consist of details to describe how the product was used, the date of purchase, the place where to see the defective product. The seller reserves the right either to replace the defective product or according to the RMA procedure, to credit the customer’s account for a further purchase.
Liability is limited to the product sold by the seller and this liability is not applied to damage, injuries or earning loss that result from a defective product.
The use of products provided by the seller has to meet the technical recommendations given by the manufacturer.
10.2 Conditions of application of conventional guarantees
The products sold by Ekoscan are warranted against any manufacturing defects, workmanship or design flaws. Products are warranted for a period of one year from the date of purchase of the product. This warranty is subject to a right use of the product by the customer. Thus, the guarantee excludes negligence or defective maintenance.
10.2.1 Limitation of guarantee
The guarantee given by the seller is limited to repair or replacement of a product acknowledged to be defective by a technical service.
The seller is in no way liable to compensate damage caused by unavailability of the product during time repair or by replacement of the product.
The guarantee does not extend to repair time, transformation time or equipment change.
10.2.2 Delivery time, return, dispute, objections
When a parcel is being delivered, the customer should, in the presence of the carrier make sure that the parcel has not been damaged and that the number of parcels is the same as the one mentioned on the transport document.
The customer is invited to express reserves on the transport document or alternatively notify these reserves to the carrier according to Article L. 1333-3 of Commerce code.
Reserves should be expressed by a registered letter with confirmation of receipt, at the latest three (3) days following the delivery, then the buyer should send a copy of this letter to the seller. If he fails to do so, no claim will be accepted by the seller.
The defective goods should be returned to the seller (purchase freight paid by the customer) within a maximum of ten (10) days from the date of receipt of the goods by the customer.
Before returning the goods, the customer will have to ask, via the internet, for a Return of Merchandise Authorization (RMA) and its number. Such a condition is required to carry out the necessary regulations. The goods will have to be returned in the package of origin and accompanied by the RMA document, the number indicated by the seller, plus the order form or the corresponding invoice within a maximum of five (5) days from the date the return has been decided.
If a product is returned without the RMA number clearly written on the package, the customer will have to pay up to €50 HT (without taxes) and the product may be returned to the customer.
The returned products will be subject to a quality control before any decision is taken.
10 2.3. Guarantee in case of hidden flaws
The seller is required to be insured against hidden defects of a product being unfit for its intended use due to non visible manufacturing defects.
When able to prove the existence of a hidden defect, the customer may initiate an RMA procedure.
Bringing an action for infringement must be done according to a deadline starting on the date of detection of the defect.
11. PERSONAL DATA
The seller collects customers’ data so as to be able to quickly process an order, manage a customer account and combat credit card fraud. All the data collected remain confidential throughout the sales relationship.
The customer may justify his identity by scanning his ID.
12. COMPLAINTS
The seller provides the customer with a customer service telephone number : area code umber + 09 51 05 64 70. Please call when necessary.
Any letter of complaint should be transmitted to the following address : contact@ekoscan.fr.
To return a product the customer will have to fill in a Return Material Authorization (RMA) sent by email by the seller.
A questionnaire with a unique RMA number will be sent, then it will be possible for the customer to return a product at the following address:
EKOSCAN SARL
3 Rue DESIRE GILLOT
71100 SAINT-REMY FRANCE
No returned product without the given RMA number will be taken into consideration. Without a duly completed questionnaire the delay to deal with a complaint will be extended.
13. GENERAL CONDITIONS VALIDITY
Any change in legislation or regulation, any decision taken by a court invalidating a term of these GTCS should not affect their validity. In no circumstances, such an amendment will authorize customers to neglect these GTCS.
14. CHOICE OF JURIDICTION AND APPLICABLE LAW
These GTCS as well as the relationship between a seller and a buyer are governed by French law.
Should a dispute arise French courts will be the only relevant courts. However, prior to any judicial resorting, negotiating with a loyalty and good faith spirit will always be privileged.
The part willing to question the bargaining process will inform the other part by sending a registered letter with recorded delivery, a letter pointing out the conflicting elements.
If at the end of a 15-day deadline the two parts still disagree the dispute will be submitted to jurisprudence.
ANNEX STANDARD RETRACTATION FORM
For the attention of HUGO CENCE EKOSCAN SARL
RUE DESIRE GILLOT
71100 SAINT REMY (FRANCE)
Phone number : country code number + 09 81 80 30 79
Email address : contact@ekoscan.fr
I would like to inform you of my withdrawal as far as the product mentioned below is concerned. I will use the RMA procedure to return that product.
Product reference :
Invoice number :
Order form number :
Ordered on :
Received on :
Means of payment :
Name of the customer and whereas necessary name of order beneficiary :
Address of the customer :
Delivery address (when different) :
Signature of customer (unless this document is emailed) :
Date:
RETRACTATION EFFECTS
When a customer wants to retract, the seller makes a commitment to pay back the full amount of the payment, delivery charges included. €25 will be keep by the seller to compensate for handling charges.
The repayment will take place without any undue delay, no later than fourteen (14) days, as from the date when the seller was informed that the customer had decided to withdraw. The seller will make a refund in the same means of payment previously chosen by the buyer for the original transaction, except if the buyer expressly agree with a different means. The seller may postpone the repayment until he receives the product or until the buyer provides proof the product has been sent back.