CONDITIONNS-GENOTEARSALES
ALL IN INDUSTRIE - PLASTINOVA, a simplified joint-stock company with capital of €65,610, registered with the RCS of Fort-de-France under number 885 368 043, whose registered office is at 55 avenue des Cayalis 97231 Le Robert – Tel: 06.96.60.24.60 – Email:contact.plastinova@gmail.com
ARTICLE 1 - General provisions
These general conditions of sale govern the relationship between PLASTINOVA and its consumer customers, legal persons acting in Lins entering into the framework of its commercial, industrial, artisanal or liberal activity, wishing to acquire the company's products, marketed by the PLASTINOVA company.
Any order placed with PLASTINOVA implies full and unreserved acceptance by the customer of these general conditions of sale in force on the day of the order.
ARTICLE 2 – Products and pricing conditions
PLASTINOVA sells various sealing products directly, as they appear in the catalog available on request.
The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product, particularly with regard to colors.
The visuals present in the catalog and the various commercial media available are presented by way of example and have no contractual value. In case of doubt, it is advisable to contact PLASTINOVA.
The Product List, accessible from the catalog or on request, makes it possible to identify the essential characteristics of the product as well as its price and its availability or not in the company's stocks.
The descriptions of the products offered for sale are only indicative and in no way commit PLASTINOVA.
In the event that the supplier modifies a product, the graphic representation of it cannot engage the responsibility of PLASTINOVA or even affect the validity of the sale. Also, if the supplier changes availability or discontinues a product, PLASTINOVA cannot be held responsible.
In the event that PLASTINOVA modifies a product at the request of the customer, in particular the color of the paints and coatings, the order concerned will be considered firm and final without the possibility of withdrawal. Le client sera donc tenu _cc781905-5cde-3194 -bb3b-136bad5cf58d_de payer l'intégralité des produits modiLiés.
Product offers and associated prices are only valid as long as they appear in the catalog and within the limits of available stocks.
The prices indicated in the catalog are expressed in euros and take into account the applicable VAT. The VAT rate applicable to the order is that in force on the day the order is finalized by the customer.
The catalog prices do not include participation in the shipping costs which will remain the responsibility of the customer choosing the delivery of the products, as will appear in the details of the order before its Finalization.
PLASTINOVA may modify a price or set up a promotion at any time. The price applied to the customer will be that in force at the time of validation of the order.
No modification of the price can intervene after Finalization of the order. For each order placed, all the products of the same reference will be of the same batch or bath of manufacture. In the event of an additional order, we recommend that the customer inform us, when validating it, of the batch number or de _cc781905-5cde-3194 -bb3b-136bad5cf58d_bain du product previously ordered (failing this, the invoice number). Insofar
of the possible and state of stocks, the products of this 2nd order will be from the same manufactures, but without absolute guarantee.
If it is impossible to provide you with the same batch or bath, PLASTINOVA will inform the customer as soon as possible and no acceptable complaint can be made.
PLASTINOVA may freely modify its catalogs and assortments of products offered at any time.
The discounts granted to customers relate exclusively, in accordance with the terms set out below, to the range of Ligurant products at the General Public rate, excluding Ligurant products at the “Professional rate”, with some exceptions. Promotional actions will be organised. They will be offered as a percentage to be calculated on the basic unit price and will be deducted by product line at the time of invoicing. They cannot be combined with other discounts.
ARTICLE 3 – Territory
The PLASTINOVA company has exclusivity on the following territories: Guadeloupe and dependencies, Martinique, Guyana.
ARTICLE 4 – Participation in shipping costs
When placing his order, the customer can opt for on-site collection or home delivery.
In the event of home delivery, a contribution to the shipping or delivery costs will be required according to a price list.
The amount of the contribution to the shipping or delivery costs will be recalled in the details of the order before validation by the customer.
Participation in shipping or delivery costs is a flat rate.
The products travel at the Customer's risk and peril when the delivery is not made by the Seller.
ARTICLE 5 – Quotation and Order
Only a person with the legal capacity to contract can place an order with PLASTINOVA.
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Receipt and validation of the order by the company
The PLASTINOVA company sends an estimate to the customer by email, based on the information provided by the customer. This information includes personal contact details, the problem encountered, site measurements, and all other information useful for drawing up the estimate.
Le client valide le devis en _cc781905-5cde- 3194-bb3b-136bad5cf58d_line de way electronic. Le client paie sa commande selon les moyens de paiement indiqués dans l'article 6. Les cash payments will be collected at the time of availability in store only.
PLASTINOVA may refuse to validate the order if there is a legitimate reason.
Constitutes a legitimate reason the fact for the buyer not to have the capacity to contract, not to proceed to the payment of the order, or to request a delivery outside the territory of which the company PLASTINOVA has exclusivity.
The unavailability of the product is also a legitimate reason.
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Special order
A free quote without any commitment from the customer may be requested for any specific product order or product not available in our stocks at the time of the request.
En cas d'accord, ce devis, établi en deux exemplaires, devra être _cc781905-5cde- 3194-bb3b-136bad5cf58d_duly completed, dated and signed by the customer and bear the mention "Good for Agreement and execution of the estimate", one copy going to PLASTINOVA and the other being kept by the customer.
Full payment for the products will be requested upon signature of this estimate, which will be considered as an order form.
All charges for shipping an order with an emergency are to 0_cc785419 bb3b-136bad5cf58d_la charge du client. La majoration du coût de transport sera communiquée selon les delivery criteria (time, weight, volume, distance, etc.).
ARTICLE 6 – Payment and invoicing
The customer can pay for his order:
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Online by credit card (credit card, Visa, Eurocard Mastercard) – according to the secure payment method offered by PLASTINOVA.
La commande pourra _cc781905-5cde-3194-bb3b -136bad5cf58d_être validée par _cc781905-5cde-3194- bb3b-136bad5cf58d_la société PLASTINOVA _cc781905-5cde- 3194-bb3b-136bad5cf58d_ after verification of the method of payment and receipt of the debit authorization from the bank card.
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By cheque, the order will then only be validated after verification and cashing of the cheque, except in exceptional cases.
- By bank transfer, the order will only be validated upon receipt of the bank transfer.
Failure to pay for all or only part of the order authorizes PLASTINOVA not to validate the order, which will then become null and void.
The invoice will be sent by e-mail upon receipt of full payment. No discount is granted in the event of early payment.
Conformément aux dispositions légales en vigueur, _cc781905-5cde -3194-bb3b-136bad5cf58d_en cas de overflow
period provided for on the invoice, and after prior formal notice, the customer agrees to pay the seller a late payment penalty calculated with annual interest trois fois le taux d'intérêt _cc781905-5cde -3194-bb3b-136bad5cf58d_légal en vigueur à l'échéance. L'intérêt est calculé par mensualité et _cc781905- 5cde-3194-bb3b-136bad5cf58d_tout mois civil commencé est _cc781905-5cde-3194-bb3b -136bad5cf58d_dû in full for interest.
Penalties are not due when payments are made within the time limits provided for in the general conditions of sale. The interest statement is normally calculated after actual payment and is subject to separate invoicing.
In addition and in accordance with the provisions of the Commercial Code, as of January 1, 2013, any professional customer in a situation of late payment becomes full , à l ' é gard de la société PLASTINOVA, outre des pénalités de retard ci above, a fixed indemnity for recovery costs of 40 euros.
This lump sum is payable without a reminder being necessary. It is due, if the payment period is exceeded, by invoice. However, if the recovery costs incurred were greater than the amount of this fixed compensation, PLASTINOVA could request additional compensation, upon justification.
ARTICLE 7 – Delivery or provision of products
When placing his order, the customer will opt for home delivery or for the provision of the products to the store of his choice on the list that will be offered to him.
The delivery will take place at the latest within thirty working days after validation of the order and payment.
In the event of online payment by credit card, the order summary will indicate the expected delivery time if the customer has chosen home delivery.
In the event that the customer has chosen on-site collection, he will be offered an appointment to proceed with the collection of the products within five working days.
In the event of payment by bank transfer or check, the delivery time or availability in store indicated in the order summary, will not run until receipt of the bank transfer or check.
In case of unavailability of one or more products between placing the order online and validation by PLASTINOVA, the company will inform the customer as soon as possible.
The customer can then opt for the cancellation of the order of the unavailable product and its reimbursement or accept a longer delivery time if this possibility is offered by the company.
In the event that the customer chooses an on-site collection and does not show up at the agreed appointment or later within a maximum period of thirty days from the validation of the order, the sale is terminated, and PLASTINOVA may retain the entire settlement.
In the event of home delivery, deliveries are made by a carrier, qui will take contact_cc7819035-94cdebb 136bad5cf58d_ avec le client au numéro de _cc781905-5cde -3194-bb3b-136bad5cf58d_telephone indicated by him when placing the order. The customer will agree on the day and time of delivery with the carrier and must be present on the premises to receive the delivery. In case of absence, the customer can agree on a second delivery, the additional cost of which will be at his own expense.
During delivery or when picking up on site, the customer must be able to prove his identity.
In the event of receipt or withdrawal by a third party, the latter must present the client's identity document, their own identity document and the order confirmation sent by email.
The transfer of the risks of loss or deterioration of the products takes place
on delivery to the home indicated on the invoice or when picking up in store. The customer is required to check the condition of the products.
Toute réclamation ou réserve portant sur une livraison incomplète ou défectueuse doit être transmise à _cc781905-5cde -3194-bb3b-136bad5cf58d_la société PLASTINOVA par tout _cc781905-5cde-3194-bb3b- 136bad5cf58d_means in writing and at the convenience of the customer within eight days of delivery.
ARTICLE 8 – Right of withdrawal
Conformément à l'article _cc781905-5cde-3194 -bb3b-136bad5cf58d_L121-21 du Code _cc781905- 5cde-3194-bb3b-136bad5cf58d_de la consommation,_cc781905-5cde-3194-bb3b- 136bad5cf58d_ le consommateur dispose d'un délai de quatorze jours pour exercer son droit de rétractation d'un _cc781905-5cde-3194- bb3b-136bad5cf58d_contract _cc781905-5cde-3194-bb3b-136bad5 cf58d_conclu à distance, sans avoir à _cc781905-5cde -3194-bb3b-136bad5cf58d_motivate his decision.
The period runs from the delivery of the products or their collection in
store.
If several products have been ordered in a single order, the starting point of the period is the day of receipt of the last good ordered.
Pour exercer le droit de rétractation, _cc781905-5cde -3194-bb3b-136bad5cf58d_le client doit notiLier à _cc781905-5cde-3194-bb3b- 136bad5cf58d_la PLASTINOVA company, 55 avenue des Cayalis 97231 Le Robert – Tel: 06.96.60.24.60
– Email:contact.plastinova@gmail.coman unambiguous statement,
indicating his desire to retract.
Si le client use de son _cc781905-5cde- 3194-bb3b-136bad5cf58d_droit de rétractation, il doit _cc781905-5cde-3194-bb3b- 136bad5cf58d_procéder au retour of the products within a period of fifteen days from the exercise of their right of withdrawal, within a period of fifteen days from the exercise of their right of withdrawal original, in perfect condition, unused and accompanied by all accessories and accompanying instructions. The return of the products is carried out under the responsibility of the customer who can opt for a return directly on site, even in the event that he had chosen home delivery when ordering and vice versa.
The costs of returning the product(s) will remain the responsibility of the customer.
The company will refund to the customer all the sums paid after recovery of the goods or receipt of the sending by the customer of a proof of the shipment of the products, the date retained being that of the first of these facts. PLASTINOVA will make its refund using the same means of payment as the one used by the customer for the initial transaction, except si_cc781905-5cde-3194-bb3b-136bad5cf58d le client accepte_cc781905-5cde-3194-bb3b- 136bad5cf58d_ expressément un moyen_cc781905-5cde-3194-bb3b -136bad5cf58d_ de different refund. In the event that the customer does not wish to benefit from his right of withdrawal, il sends bb3b-136bad5cf58d_à signer une décharge, dans le _cc781905 -5cde-3194-bb3b-136bad5cf58d_but de validate _cc781905-5cde-3194-bb3b-136_immediate delivery5cf58d
ARTICLE 9 – Legal guarantee
The customer benefits from the legal guarantee against defects in the thing sold in accordance with article 1641 and following of the Civil Code according to which, (article 1641) "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it if he had known about them”.
(article 1642) “The seller is not liable for apparent defects of which the buyer has been able to convince himself”.
(article 1643) “He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee”.
(article 1644) “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded”
(article 1645) “If the seller was aware of the defects in the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer”. (article 1646) “If the seller is unaware of the defects of the thing, he will only be bound to refund the price, and to reimburse the purchaser for the costs occasioned by the sale”. (article 1648) “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
as well as the legal guarantee of conformity provided for by articles L211-4 and following of the Consumer Code in these terms:
(article L211-4) “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.
(article L211-5) “To comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar good and, where applicable
:
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correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
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present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted”.
(article L211-7) “The defects of conformity which appear within six
months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
(article L211-8) “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him”.
(article L211-9) “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.
(article L211-10) “If the repair and replacement of the property is impossible,
the buyer can return the property and have the price refunded or keep the property and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for this account
given the nature of the property and the intended use.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
(article L211-11) “The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
These same provisions do not preclude the allocation of damages”.
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”. (article L211-12)
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law”. (article L211-13).
ARTICLE 10 – Proof
Orders, confirmation of orders and invoices will be archived on a binding and durable medium so as to be able to provide proof of the mutual commitments of the parties.
The online provision of credit card references, the transfer order or the sending of a payment check as well as the Linale validation of the order by the customer constitute the irrevocable commitment of the customer and _cc781905-5cde-3194 -bb3b-136bad5cf58d_valent preuve de l'intégralité de _cc781905-5cde-3194-bb3b- 136bad5cf58d_la commande, rendant exigibles les sommes correspondantes aux produits commandés.
The Finalization of his order by the customer is worth signature and acceptance of
all operations carried out on the site beforehand.
ARTICLE 11 – Liability
The products must be used and implemented in accordance with their Technical Liche, Ligurant notices and instructions for use on or in the manufacturers' packaging.
They must be stored according to the same recommendations.
Aucune responsabilité de _cc781905-5cde-3194-bb3b -136bad5cf58d_la société ne _cc781905-5cde-3194- bb3b-136bad5cf58d_pourra être engagée _cc781905-5cde-3194 -bb3b-136bad5cf58d_en cas de mauvaise utilisation, utilisation détournée, ou conservation du produit entré en posses customer.
PLASTINOVA ne peut _cc781905-5cde-3194-bb3b -136bad5cf58d_en aucune manière _cc781905-5cde-3194- bb3b-136bad5cf58d_être tenue responsable _cc781905-5cde-3194 -bb3b-136bad5cf58d_consequences resulting from:
storage of products in abnormal conditions or conditions incompatible with their nature, their transformation, non-compliance with installation instructions, abnormal wear resulting from poor maintenance, imperfect installation, deterioration of products due to water infiltration, inappropriate shocks, temperature or humidity.
Les réclamations doivent être impérativement notiLiées _cc781905-5cde- before
product implementation. The pots must be checked before their implementation. Any complaint based on the non-compliance of the pots delivered or apparent defect must be notified before installation, by registered letter with AR to the head office, and by e-mail with supporting evidence (photo/samples, etc.) and within 30 days of delivery.
Otherwise, the pots will be considered accepted and compliant. Thus, the defects mentioned being known or cannot be ignored by the customer, no recourse ne will be _cc781905-5cde-3194-bb3b-136bad5cf578d90 _cc781905-5cde-3194-bb3b-136bad5cf578d90 -bb3b-136bad5cf58d_contre la société PLASTINOVA conformément à l Article L 211-18 of the Consumer Code.
ARTICLE 12 – Force majeure
Aucune responsabilité ne pourra être recherchée _cc781905-5cde- 3194-bb3b-136bad5cf58d_à l'encontre de la société en cas de retard ou de défaut of delivery linked to a fortuitous event or force majeure.
Constituent un cas de force majeure _cc781905-5cde- 3194-bb3b-136bad5cf58d_: la guerre, l'émeute, l'incendie, _cc781905 -5cde-3194-bb3b-136bad5cf58d_les catastrophes naturelles, les grèves, les _cc781905-5cde -3194-bb3b-136bad5cf58d_accidents, epidemic, les the absolute impossibility of being supplied the seller for the attack.
La vente pourra alors être résolue_cc781905-5cde-3194 -bb3b-136bad5cf58d_ à la demande de l'une _cc781905-5cde-3194-bb3b -136bad5cf58d_or the other of the parts.
The company will return to the customer its payment to the exclusion of any other indemnity or damages.
ARTICLE 13 – Retention of title
The seller retains ownership of the goods until full payment of the price by the buyer.
The Seller will refund or replace as soon as possible and at its
costs, the products sold whose lack of conformity or visible or hidden defects have been proven.
ARTICLE 14: Travel expenses DIAGNOSIS
Travel costs for a diagnosis at home or on site are the responsibility of the customer who receives proof. They are established at a flat rate and deductible from the order during the validation of the estimate.
ARTICLE 15: Authorizations – Intellectual property – Image rights PLASTINOVA may, during its interventions, take photographs and videographs of the works in progress. PLASTINOVA remains the author of the photos and videos, remains the inalienable owner of all the photographs taken by itself; consequently the Customer (or the Model present in a photo, if applicable) cannot claim any ownership or copyright. PLASTINOVA is the only one to benefit from the right to use digital image processing, as well as its computer graphics modification. The assignment of copyright does not change the intellectual property of the images produced, which is and remains that of PLASTINOVA according to the rules of articles L 121-1 and following of the Intellectual Property Code.
ARTICLE 16 - Personal data
In accordance with law n° 78-17 of January 6, 1978 relating to data processing, Lichiers and freedoms, the customer has a right of access, modification, rectification and deletion of personal data concerning him.
The company only collects this personal data for the purposes of proper management of orders, deliveries and invoices and undertakes not to disseminate this information to third parties.
To exercise his right of access and modification, rectification or deletion, the customer can contact the company by post at the address of the company PLASTINOVA, 55 avenue des Cayalis 97231 Le Robert
– Tél : 06.96.60.24.60 – _cc781905-5cde-3194-bb3b -136bad5cf58d_Mail : plastinova97@gmail.com, en justiLiant
The customer authorizes PLASTINOVA to use personal data for commercial prospecting and therefore authorizes the company to send him product offers.
The customer has, at the time of the collection of personal information, the right to oppose the receipt of commercial offers by sending an email, postal mail or fax to the company, or by specifying it during the step that will be proposed to him on the site.
ARTICLE 17 – Duration
These general conditions of sale are applicable to all orders placed online, by email, by telephone and any other method of order taking.
The company reserves the right to modify its general conditions of sale at any time, orders in progress remaining subject to the version of the general conditions of sale contemporaneous with the finalization by the customer of his order.
ARTICLE 18 – Applicable law
The general conditions of sale are subject to French law.
ARTICLE 19 – Settlement of disputes
In the event of a dispute relating to the placing, execution or termination of an order, the customer may resort to mediation or any other alternative method of conflict resolution. A défaut, le Tribunal compétent sera déterminé conformément au droit commun _cc781905-5cde-3194- bb3b-136bad5cf58d_et pourra être celui du lieu _cc781905- 5cde-3194-bb3b-136bad5cf58d_where the defendant resides or that of the place of delivery of the products.