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General terms and conditions of sale
1. Definition
Commercial proposal: means any document relating to the pricing conditions, payment conditions, transport conditions and other special conditions for the supply of parts by the Supplier to the Customer
Supplier : SOMOCAP SAS- Lieu-Dit Karrikiztila 64480 JATXOU – RCS : 353 680 903 Bayonne – SIREN 353 680 903
Client: the legal or natural person identified as the Client or principal in the special conditions
Particular Conditions: any document signed by the parties and which identifies the service or commercial proposal that the supplier undertakes to carry out for a given Customer, including, if necessary, the description provided by the site respi-protection.com
2. General provisions
2.1. These general terms and conditions have been drawn up in accordance with current practice within the European Economic Area. They define the rights and obligations of SOMOCAP SAS, hereinafter referred to as the Supplier, and the customer, hereinafter referred to as the Customer, with regard to sales of products presented on its website respi-protection.com. They are applicable to all orders placed with the Supplier regardless of the method used (website – including eCommerce).
2.2. The respi-protection.com website allows the Customer to order RESPI branded products online, hereinafter referred to as “the Product(s)”, in accordance with these terms and conditions.
2.3. Any order carried out on respi-protection.com involves the acceptance without reserve by the customers of the present general conditions of sale.
2.4.. They shall supersede any clause to the contrary formulated in any way and at any time by the Customer, if the Supplier has not expressly accepted it in writing.
2.5. By making a purchase on respi-protection.com, the customer accepts without reserve the present general conditions of service and sale of the supplier and waives the application of his general conditions of purchase.
2.6. The present general terms and conditions of sale may be modified at any time and without prior notice by the Supplier, the applicable conditions being those in force at the date of the order by the customer. They are permanently accessible at www.respi-protection.com/conditions-generales-de-vente/.
3. PRODUCTS AND COMPLIANCE
3.1. The Products put on sale are presented on the site respi-protection.com and accompanied by a description.
3.2. The Products proposed by respi-protection.com are in conformity with the standards applicable in France.
3.3. The elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Accordingly, the Supplier shall not be liable for any errors or omissions in any of these elements or for any changes in these elements by suppliers and/or publishers.
3.4. respi-protection.com strives to display the colors and images of RESPI products as accurately as possible, but cannot guarantee that the color displayed by the customer’s computer screen will be accurate.
3.6. The Supplier reserves the right to limit the quantities of Products offered and to discontinue any purchase at any time. All Product descriptions or prices are subject to change at any time without notice at Supplier’s sole discretion.
3.7. Supplier does not warrant that the quality of the Products, services, information or other materials purchased or obtained by Customer will meet Customer’s expectations, or that any errors in the service will be corrected
4. OBLIGATIONS OF THE CLIENT
4.1. The Customer declares to be at least 18 years old and to have the legal capacity or to be titular of a parental authorization allowing him to carry out an order on respi-protection.com
4.2. The Customer undertakes to provide the Supplier with the actual information required to perform the service covered by these terms and conditions as requested online and according to his situation, in particular his surname, first name, address, telephone number and valid e-mail.
The customer is responsible for the consequences of false or inaccurate information transmitted or of information that is unlawfully included.
4.3. Once the order is placed, respi-protection.com addresses to the Customer an e-mail confirming this one. It informs him/her of the shipment of the Products.
4.4. The Customer can modify his data in the “my account” section.
5. ORDER
5.1. Any order will be validated only after acceptance of the payment.
5.2. The Supplier reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
5.3. The Supplier can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of the confirmation of the order.
If, in spite of the vigilance of the Supplier, the products are unavailable, respi-protection.com will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel his order and be reimbursed, if necessary, the amounts already paid.
The permanent or temporary unavailability shall not in any way engage the responsibility of the Supplier, nor shall it give rise to any right to compensation or damages in favor of the Customer.
6. PACKAGING
In the absence of a specific agreement, the Supplier shall propose one or more packaging solutions.
The packaging protects the product from dust during storage and transport, but does not exclude the need for proper cleaning as indicated in the instructions for use
Given the purpose of the product supplied, the Customer must clean the product before use, as stipulated in the instructions for use.
7. DELIVERY AND TRANSFER OF RISK
7.1. The Supplier delivers its Products in France and in all countries of the European Union and can on request deliver in any country.
7.2. The Supplier selects carriers based on the quality of their service and may change carriers at any time. The Customer can choose his mode of delivery but does not have access to the choice of the provider.
7.3. The products are shipped to the delivery address indicated by the Customer at the time of his order, with the delivery order. The delivery times indicated on the site are indicative, corresponding to the average time of treatment and delivery. In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).
7.4. In the event of a delay in delivery of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of his order.
If the item has been shipped prior to receipt of the cancellation of the order for late delivery of more than 7 days, the Supplier will proceed to refund the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.
RESPI undertakes to inform the Customer of the progress of the processing of his order.
The Supplier shall not be held responsible for the consequences of a delay in delivery that is not its fault.
7.5. In case of damaged packages (already opened, missing products…), the Customer undertakes to notify the carrier and RESPI, by any means, of any reservations within 3 days of receiving the product.
8. PRICE
8.1. The prices posted on respi-protection.com are indicated in euros all French taxes included (French VAT and other taxes possibly applicable), participation in the expenses of treatment of order and expenses of packing included, except carriage costs.
8.2. The shipping costs will be indicated in the Customer’s shopping cart, before the final validation of the order.
8.3. Prices can be modified at any time, without prior notice and in particular in case of change of fiscal or economic data. The items will be invoiced on the basis of the rates in effect at the time of the order.
8.4. The Supplier may offer a “company” rate to any corporate customer wishing to equip its staff. The Supplier reserves the right to refuse to negotiate a “business” rate without incurring any liability, nor shall it give rise to any right to compensation or damages in favor of the business Customer.
9. TERMS OF PAYMENT
9.1. Payments are deemed to be made at the Supplier’s registered office
9.2. The full payment must be made at the time of ordering. At no time can the sums paid be considered as deposits or down payments. The Customer pays his order by credit card (Visa, Eurocard/Mastercard), or with his Paypal account in accordance with the provisions of this article.
9.3. respi-protection.com does not accept payment by check. The customer will have to go to the other means of payment proposed.
9.4. For any transaction, the Customer will indicate the number on the front of his card, the expiration date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Customer of his credit card number shall constitute authorization for the Supplier to debit his account for the amount of his order.
No COD shipments will be accepted for any reason.
9.5. Purchases are made in a secure manner. The payment solutions adopted by respi-protection.com are 100% secure. For the payments by bank card (blue card, blue card visa and e-carte bleue), all the information that the Customers communicate to respi-protection.com are strictly protected and guarantee the conformity and the safety of each transaction.
A loan commits you and must be repaid. Check your ability to repay before committing yourself.
10.RETURN AND REFUND OF PRODUCT
10.1. The customer has a period of 14 days to receive the products supplied in accordance with their specifications. After this period and in the absence of return, the products are deemed accepted by the Customer and the Customer will not be able to claim any compensation for this.
10.2. Within 14 days, the Customer may request the return of the Product(s) if and only if the Product(s) has (have) not been worn. To do so, the Customer shall use the return form provided by the Supplier.
The return costs are at the charge of the Customer.
Returns should be sent to the following address
ETXE LOGISTICA – Returns RESPI – 600 Route de Bidache – 40300 BIDACHE.
10.3. If the Customer fails to comply with these conditions, in particular the conditions of return, the Supplier shall not be entitled to reimburse or issue a credit note for the Products concerned.
11. GUARANTEE
11.1. The Supplier is obliged to supply parts that comply with the standards in force for the said Products.
In the event of a complaint by the Customer about the delivered Products, the Supplier reserves the right to examine them on return.
11.2. The Supplier’s warranty shall only apply if a non-conformity is due to poor execution by the Supplier in the manufacture of the Product(s). The warranty by the Supplier can only be realized if:
– On the one hand, the customer has reported the non-conformity within the time limits indicated in paragraph 12.3.
– On the other hand the non-conformity is directly attributable to the supplier
– And finally, if the non-compliance is not attributable to a deficiency or fault of the customer.
It consists, after agreement with the Customer :
– to credit the Customer for the value of the Products recognized as not conforming to the contractual specifications,
– or replace them free of charge,
– or to bring them into compliance, if necessary,
Products replaced by Supplier shall be subject to a credit note, with replacement products being charged at the same price as the replaced products.
In the event of compliance, this shall be carried out in accordance with the terms and conditions agreed upon by the Customer. The Supplier shall bear the cost thereof, unless the non-conformity is due to a deficiency or fault of the customer.
The replacement or upgrading of the products, made by agreement between the Supplier and the Customer, shall not have the effect of modifying the warranty regime.
Products for which the Customer has obtained a credit note, replacement or compliance by the Supplier, unless otherwise agreed, shall be returned to the Supplier freight collect, with the Supplier reserving the choice of carrier.
11.3. Under penalty of forfeiture of the right to the guarantee previously defined, the Customer is required to report the non-conformities as soon as they are discovered and to explicitly request the replacement or the bringing into conformity of the products in question within the maximum period, starting from the delivery:
– 14 days for apparent non-conformities,
– 2 years for other non-conformities (Art. L. 211-12. of the Consumer Code)
Once these deadlines have expired, no claims will be accepted.
Compliance by the Supplier shall be possible only if the above-mentioned deadlines are met by the Customer and if the non-compliance is directly attributable to the Supplier and/or if it is not attributable to a deficiency or fault of the Customer.
11.4. The warranty does not extend to any other damage, except for gross negligence on the part of the Supplier.
11.5. The warranty does not apply to misuse of the product.
12. RESPONSIBILITY
12.1. The Supplier shall not be liable for any direct or indirect damages in the event of a fault in the performance of the services.
12.2. In the event of fault in the performance of the services, the Supplier’s liability shall be limited to the performance of the warranty for direct damage to the Product as described in paragraph 12. It shall not exceed the amount actually paid by the customer for direct damages.
12.3. Art. L. 211-4. of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, if the latter was made his responsibility by the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code
– To conform to the contract, the property must:
(1) Be fit for the purpose ordinarily expected of similar property and, where applicable :
– correspond to the description given by the seller and have the qualities that the seller has presented to the Customer in the form of a sample or model;
– have the qualities that a Customer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which reduce this use so much that the customer would not have acquired it, or would have given only a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
You can contact the Supplier by phone at 05 59 93 11 56.
13. INTELLECTUAL PROPERTY
3.1. Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos…).
This Site or any portion of this Site may not be reproduced, copied, sold or otherwise exploited for any commercial purpose without the express written permission of the Provider.
13.2. In general, all copyrights, trademarks, models and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and complete property of the Supplier.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, if any, or register any trademark that would be detrimental to the owner of the rights, unless otherwise provided for in the contract.
13.3. The same applies to any other intellectual property right.
14. JURISDICTION
The contracts are governed by French law. If the contractual documents are drafted in several languages, only the French version will be valid.
The parties shall endeavor to settle amicably all disputes relating to the interpretation and execution of these general conditions of service and sale and contracts.
In the event that they fail to do so and in the absence of any agreement to the contrary, the Commercial Court of Bayonne has sole jurisdiction for any dispute relating to the execution or interpretation of the contract, whatever the conditions of these contracts and the agreed method of payment, even in the event of an appeal for guarantee or multiple defendants, and in the event of summary proceedings. In case of dispute in matters of intellectual property, only the Bordeaux court of law will be competent, even in case of appeal in guarantee or of plurality of defendants, and of summary proceedings