General conditions of sale
ARTICLE 1 – DEFINITIONS
«SAS DEBEAUX» : designates the company SAS DEBEAUX, SAS with a capital of 285 000 €uros, R.C.S. DIJON 531 948 735 – 16, rue du Golf – 21800 Quétigny – Tél. 03 80 41 74 04, e-mail address : email@example.comEXOGEL®, designer and distributor of EXOGEL® and DEBEAUX diesel/oil heaters, and distributor of partner companies’ products.
«Client» : refers to any natural or legal person wishing to acquire some or all of the Products sold by SAS DEBEAUX.
«Products» : refers to the products sold by SAS DEBEAUX that can be ordered by Clients, whether products distributed by SAS Debeaux or by its partners. The products distributed by SAS DEBEAUX are mainly the speed regulators Autopilote®, EXOGEL® thermostatic protection and DEBEAUX diesel/oil reheaters, whatever the trading name of the Product or its version or any other product.
The website www.sas-debeaux.fr is hosted by O2switch, SARL with a capital of 100000 Euros, whose head office is located at 222-224 Bd Gustave Flaubert – 63000 Clermont-Ferrand, registered in the Trade and Companies Register of Clermont-Ferrand under the number 510 909 807 00024.
ARTICLE 2 – PURPOSE
These general conditions of sale govern all orders, sales and deliveries of the Products, whatever the type of order, in particular by telephone or by any other means. All orders are considered equivalent to full and unreserved acceptance of these general conditions of sale by the Client. The Client undertakes to read these general conditions before placing an order.
ARTICLE 3 – ORDERS
The Client can place orders by telephone, mail, email or by logging into the website www.sas-debeaux.fr and by creating an account.
All orders placed in the name of or on behalf of the Client are deemed to be made personally or by a person duly authorised for this person. The Client represents and warranties to SAS DEBEAUX that it is acting within the scope of its professional or personal needs when placing an order for Products.
SAS DEBEAUX reserves the right to cancel any order from a Client with whom there is a dispute relating to the payment of an earlier order; said Client cannot claim any compensation for this.
ARTICLE 4 – PRICES
All orders, whatever their origin or place of delivery, are payable in euros. The price billed corresponds to the rate in force at the time SAS DEBEAUX receives the order; it is expressed in euros exclusive of taxes.
The prices in force can be consulted on request. SAS DEBEAUX can change the prices of the products at least once a year.
The total price of the order includes the price of the products ordered and the delivery costs, unless negotiated otherwise and accepted by both parties.
ARTICLE 5 – INVOICING
The Client receives the invoice at the same time as the Products ordered.
ARTICLE 6 – PAYMENT
The Price is payable in cash, net and without discount, due on receipt by SAS DEBEAUX of the order placed by the Client. The payment of the Price is carried out according to the means of payment chosen at the time of the order: check, transfer or bank card. Specific payment conditions can be negotiated according to the existing commercial relations between SAS DEBEAUX and the Client.
- Payment by cheque
In the event of payment by cheque or postal order, it must be issued by a bank domiciled in mainland France or Corsica or Monaco. The cheque will be cashed on receipt. The cheque must be made out to SAS DEBEAUX and sent to SAS DEBEAUX, 16, rue du Golf – 21800 Quétigny. The order will be shipped after the check has been credited to the bank account of SAS DEBEAUX.
- Payment by bank transfer
The transfer must be sent to BPBFC Beaune les Halles – 21200 Beaune.
Bank details: BPB Beaune les Halles – 00413
IBAN : FR76 1080 7004 1382 4213 1534 084 – BIC Code : CCBPFRPPDJN
- Payment by credit/debit card
The card used must be a Visa, Mastercard or other card showing the acronym CB.
The card is debited immediately.
SAS DEBEAUX no longer accepts money orders, promissory notes or bills of exchange, and does not deliver its Products for payment on delivery.
Order through the website www.sas-debeaux.fr :
Any order placed with an Internet account opened in the name of an Individual must be paid by credit card for validation.
A withdrawal period is applicable for Individual Customers, persons who do not have a SIREN/SIRET number and who use the Service Provider on a personal basis. In this case, the Customer has a withdrawal period of fourteen (14) working days from the acceptance of the offer.
This right of withdrawal is made by mail sent to the Provider by registered mail with acknowledgment of receipt, and entitles the customer to a refund of amounts already paid by him within fourteen (14) days from receipt of the notice. Beyond the withdrawal period, the order can no longer be canceled and the amount is due or retained by right, with interest at the legal rate in force if the payment was not yet made.
Any order placed with an Internet account opened in the name of a Professional can be paid by credit card or bank transfer, after agreement between the Provider and the Customer according to the volumes and frequency of orders.
The withdrawal period is not mandatory between professionals.
Any delay in payment within the time limits stipulated above will automatically result in the application of a penalty corresponding to 1.5 times the legal interest rate in force on that date, without the need for a reminder, from the first day of late payment.
ARTICLE 7 – TITLE RETENTION
SAS DEBEAUX remains the owner of the Products sold until the principal and accessory price are paid in full. However, the client will assume all risks of loss, breakdown, destruction, liability or damage of any kind to the products delivered. The Client is responsible for insuring the products from their delivery date, until paid in full, with as new value, on the date of the incident.
ARTICLE 8 – AVAILABILITY
If some or all of the Products ordered continue to be unavailable beyond a period of sixty (60) days from payment of the sums paid by the Client, a refund will be given by cheque within fifteen (15) days from expiry of this period.
The Client accepts that if some or all of the Products ordered are unavailable, it cannot claim a refund until the end of a period of sixty (60) days following the payment.
No compensation will be due by SAS DEBEAUX, on any grounds, in the event of unavailability; the only possibility is a refund of the price actually paid.
ARTICLE 9 – DELIVERY
The Products ordered are delivered to the delivery address indicated by the Client during the ordering process. The delivery periods are given for information purposes and correspond to the habitual average times for processing, shipping and distribution for the Products intended for mainland France.
The delivery periods indicated start running when the Price is actually received in full by SAS DEBEAUX, except in the case of payment on delivery in which the delivery periods start to run when the order is recorded by SAS DEBEAUX or in the case of agreement between the two parties on specific payment conditions.
SAS DEBEAUX may not in any case be held liable for a delay in delivery and the consequences of such a delay, whatever the cause, in particular in case of a force majeure event such as a postal or other carrier strike. The Client is responsible for taking all the measures necessary in order to take into consideration any delivery periods or delays.
ARTICLE 10 – CUSTOMER SERVICE
For any information or questions, SAS DEBEAUX customer service is available to Clients Tel. : +33 3 80 41 74 04
It is preferable to contact us at the address firstname.lastname@example.org, or using the contact form on the website.
ARTICLE 11 – LIABILITY
PREAMBULE : The products offered by SAS DEBEAUX are designed to meet the needs of as many clients as possible. Therefore the client alone is fully liable for stating their needs. Similarly, the client is responsible for ensuring the products are appropriate for their own needs, in particular on the basis of the indications given in the documentation provided, which they acknowledge they have read in full, and for ensuring that they have the specific skills to use and install the products and, where applicable that the configuration of their equipment meeds the minimum conditions required. Not having requested further clarification from SAS DEBEAUX, the Client acknowledges that they have been sufficiently informed.
11.1 – SAS DEBEAUX has valid Legal Liability insurance with an insurance company governed by the French Insurance Code.
SAS DEBEAUX does not guarantee that the Products supplied are fit to meet the Client’s needs. The client is responsible for carefully and accurately assessing their needs, ensuring they are in line with the Products ordered, ensuring that they have the specific skills to use and install the products and, where applicable, that the configuration of their equipment meeds the minimum conditions required.
The Client has sole liability for the use they make of the Products and in no case can SAS DEBEAUX’s liability be incurred on any grounds for or due to the consequences of this use.
SAS DEBEAUX warranties that the Products it sells are in compliance with French and European legislation. In the case of delivery outside France and the Eurozone, SAS DEBEAUX cannot be held liable for non-compliance with the legislation of the country to which the Product is delivered. In no case may SAS DEBEAUX be held liable for the consequences of use of the Products vis-à-vis the Client or third parties.
In any event, SAS DEBEAUX’s liability may not in any case be sought or incurred due to the characteristics of the Products sold by its partners or the consequences of using said Products, for which it only plays the role of intermediary.
11.2 – SAS DEBEAUX warranties, for a period of one (1) year from delivery, that each product complies with its documentation. Within this period, SAS DEBEAUX undertakes to replace or exchange any defective Product, subject to the Client having returned at their own expensive by registered post with acknowledgement of receipt the defective or non-compliant Product within a period of one (1) year from the date of delivery to: SAS DEBEAUX, 16, rue du Golf – 21800 Quétigny.
Insofar as possible, the Products returned in this way must be sealed, intact and in their original packaging. If the replacement of exchange Product is unavailable SAS DEBEAUX will refund the price paid by the Client, it being specified that only the price exclusive of taxes will be refunded, with the Client still liable for any delivery costs and taxes.
The warranty specified in this article does not apply in the event of normal wear and tear of the Product, deterioration or accident caused by the Client, in particular coming from lack of maintenance or precaution in use, such as cracking, breakage, humidity, unsuitable temperature, oxidation, liquid infiltration, non-compliant use and/or installation, inappropriate use of the product. In the event of non-compliance with this article, the Client is considered to have waived the right to any claim, indemnification, replacement or refund if a product is non-compliant or defective, and no claim will be accepted.
ARTICLE 12 – PERSONAL DATA
The Client expressly authorises SAS DEBEAUX to inform it regularly about the goods and services sold by SAS DEBEAUX, and to exploit the personal and/or work-related information provided by the Client when placing orders, in order to present commercial offers, goods and services of SAS DEBEAUX. In accordance with law no. 78-17 of 6 January 1978, the Client has the right to access, rectify and oppose the personal and/or work-related information concerning it. This right can be exercised in writing to SAS DEBEAUX: 16, rue du Golf – 21800 Quétigny.
ARTICLE 13 – APPLICABLE LAW AND DISPUTES
THESE GENERAL CONDITIONS ARE SUBJECT TO FRENCH LAW. IN THE EVENT OF A DISPUTE, JURISDICTION IS EXPRESSLY ATTRIBUTED TO DIJON COMMERCIAL COURT.