Terms and condition of sale
TERMS AND CONDITIONS OF SALE
ARTICLE - 1 - GENERAL
The present general conditions of sale apply to all sales of equipment by the company LIGHT & DOMOTIQUE - 481 chemin de la Garenne 34560 POUSSAN, hereafter referred to as the "seller" for the benefit of companies and various customers, hereafter referred to as the "buyer". The fact of placing an order implies the buyer's full and entire adhesion to the present general conditions. The latter prevail over all general conditions of purchase and / or any other special document from the buyer. If one of the clauses of the present general terms and conditions of sale were to be null and void or cancelled, the other clauses would not be cancelled.
ARTICLE - 2 - ORDER
Any order may be made by written form or by any commercial means of use (e-mail, website) approved by the seller. The order must mention, in particular: the quantity, brand, type, references, agreed price, terms of payment, place and date of delivery or pick-up if other than the place of invoicing. As soon as the order is accepted by the seller, it is deemed to contain the agreement of both sides on the thing and the price, within the meaning of Article 1583 of the Civil Code.
ARTICLE - 3 - PRICE
The prices invoiced are those established on the day of the order on the basis of the economic conditions in force. They are likely to vary if the order is placed after the 7 days of validity of the basket established by the buyer. Prices include VAT and transport costs are increased by VAT and/or any other taxes in force. The price of certain items being likely to vary according to fluctuations in exchange rates, taxes and/or manufacturer's tariffs, the parties agree in such cases that the buyer will assume the increase automatically if it does not exceed 5%, the buyer will have eight days after receipt of the letter or email with acknowledgement of receipt informing him of this increase, to cancel his order.
ARTICLE - 4 - DELIVERY
The principle: the delivery is made by the seller at the risk and peril of the buyer, to the address indicated by the buyer when ordering, subject to compliance with the terms of payment.
Shipping: delivery is made by a carrier commissioned by the manufacturer, at the risk and peril of the buyer, to the address indicated by the buyer when ordering, subject to compliance with payment terms. The buyer shall in such a case check, upon receipt of the delivery, the number and condition of the materials delivered. In the event of damage or deterioration, he must express the usual reservations on the delivery note and inform the carrier within the time limits set by the latter, by registered letter with acknowledgement of receipt.
The lack of conformity of a part of the delivery does not exempt the buyer from his obligation to pay for the equipment for which there is no dispute.
Delivery costs are based on the tariffs given by the company making the delivery to the customers, unless special conditions accepted by LIGHT & DOMOTIQUE.
ARTICLE - 5 - DELIVERY TIMES
Delivery times are always communicated according to the supply possibilities at the time of the offer and are only given as an indication.
The seller is diligent in delivering the registered orders as soon as possible and cannot be held responsible both towards the buyer and towards third parties for any direct or indirect damage whatsoever, including in particular loss of profit, resulting from the failure or refusal to satisfy an order, any delay in delivery or any error in the execution of an order for any reason whatsoever.
However, if delivery of the equipment has not taken place 30 days after the indicative delivery date, for any reason other than force majeure, the sale may then be cancelled at the request of either party after sending an email with acknowledgement of receipt, or registered letter with acknowledgement of receipt. The buyer may then only claim the restitution of the total amount of his order placed on the LIGHT & DOMOTIQUE website, without any other compensation.
Any delay in delivery due to a case of force majeure shall result, at the choice of the parties, either in the pure and simple cancellation of the sale, or in the extension of the delivery deadlines, without them being able to claim any other compensation.
The seller will inform the buyer in a timely manner of cases of force majeure. In any event, delivery within the deadlines can only take place if the buyer has fulfilled all his obligations towards the seller.
ARTICLE - 6 - TOTAL PAYMENT
The customer must pay the totality of his order in cash if he wishes the shipment or the programming of his package to be carried out. Payment will be considered only after actual receipt of funds.
The seller reserves the right to cancel or suspend current orders and deliveries in case of non-payment, or partial payment, on the due date.
ARTICLE - 7 - GUARANTEE - SCOPE
The guarantee is always that expressed by the manufacturer of the products in the instructions enclosed with the products. This guarantee covers all hidden or apparent defects from the date of delivery.
The work resulting from the guarantee obligation is carried out
- Either on site by the manufacturer,
- Either in the manufacturer's workshops, by collection on site by the manufacturer or by dispatch/shipment at the buyer's expense.
The buyer may not claim any compensation for direct or indirect damage resulting from the immobilization of the equipment due to the application of the guarantee.
ARTICLE - 8 - WARRANTY - LIMITS AND EXCLUSIONS
Excluded from the guarantee are: the cleaning and routine maintenance of the equipment defined in the user manuals as being the responsibility of the user, as well as the supply of the products necessary for these operations. The purchaser will lose the benefit of the legal and conventional guarantees in particular in the event of ;-
- Abnormal or abusive use of the equipment,
- Repairs or any interventions carried out by persons not approved by the manufacturer,
- Water damage, electrical surges, lightning or damage to equipment resulting from collision, falling material, chemical aggression, fire, vandalism or malicious acts,
- Deterioration or accidents resulting from incorrect operation or lack of supervision or maintenance,
- Premature deterioration due to wear and tear or defects not reported to the manufacturer in good time.
The seller may ask the manufacturer to suspend the legal and conventional guarantees in case of delay or total or partial non-payment of the material. No responsibility of the seller can be sought for losses and damages, direct or indirect, caused by the breakdown or defectiveness of the equipment.
ARTICLE - 9 - WITHDRAWAL PERIOD
The consumer shall have a period of fourteen calendar days to exercise his right of withdrawal, without having to give any reason or incur any penalties. This period shall begin with the delivery of the last item ordered by the consumer.
A contact with our company at the email address: firstname.lastname@example.org, or at the number 06 74 77 76 24 (only by call) must be established so that we can allow you to exercise this right.
The return costs are the responsibility of the customer who ordered on the LIGHT & DOMOTIQUE website.
In accordance with article L121-21-8 of the French Consumer Code, the right of retraction cannot be exercised on the products: "The supply of goods made according to the consumer's specifications or clearly personalised".
ARTICLE -10- CONDITIONS OF TAKEOVER
As the products in the "home automation", "security" and "audio" categories are intended to be programmed and connected to different devices, LIGHT & DOMOTIQUE cannot be held responsible for incorrect connections and their consequences. LIGHT & DOMOTIQUE will therefore not accept any return of products from the above-mentioned categories.
LIGHT & DOMOTIQUE 27/02/2020