ARTICLE 1 - GENERAL PROVISIONS
1.1 These general terms and conditions of sale (hereinafter “GTCS”) constitute, pursuant to the provisions of article L 441-6 of the Commercial Code, the sole basis for the business relations between the parties. The GTCS apply, without restriction or reservation, to all sales of products by CHILLER CONCEPT to professional purchasers (hereinafter the "Client") and to all orders placed on the website www.lechiller.com, regardless of any clauses that may be stated on the Clients' documents, notably their general terms and conditions of purchase, unless CHILLER CONCEPT expressly waives them in writing.
1.2 CHILLER CONCEPT reserves the right to waive certain clauses of these GTCS, depending on the negotiations conducted with the Client, by drafting Special Terms and Conditions of Sale.
1.3 Any order implies the full and unreserved acceptance of these GTC by the Client. Access to the website www.lechiller.com by the Client implies its acceptance of these GTCS.
1.4 The information and prices stated on CHILLER CONCEPT documents are provided for information only and are subject to revision at any time. CHILLER CONCEPT is entitled to make any modifications that it deems necessary.
ARTICLE 2 - ORDERS
2.1 Clients order products from CHILLER CONCEPT:
- By post to: CHILLER CONCEPT 83 rue Carnot 92150 Suresnes – France;
- By email: email@example.com;
- Online: www.lechiller.com.
2.2 CHILLER CONCEPT cannot be held liable for any difficulty in accessing its website, any disruption or interruption during or after logging in to its website or any consequences related to the use of its website.
ARTICLE 3 - SALES CONTRACT
3.1 Submitting an order implies acceptance of all clauses of these GTCS and constitutes proof of the sales contract.
An order placed on the basis of a previous offer must fully comply with the offer. Any contrary or additional provision may release CHILLER CONCEPT from maintaining the offer.
Orders may also be sent in the form of a purchase order to CHILLER CONCEPT, which implies full and unreserved acceptance of these GTCS.
For online orders from the website, the Client is considered to have placed the order as soon as it has accepted these GTCS when submitting its order.
3.2 Sales are only considered final after CHILLER CONCEPT has expressly accepted the Client's order after ascertaining, in particular, the availability of the product requested and, where applicable, after the Client has paid the full price. It is up to the Client to check the accuracy of the order and immediately report any error to CHILLER CONCEPT. Under no circumstances may CHILLER CONCEPT be held responsible for any product unavailability or its possible consequences.
3.3 CHILLER CONCEPT reserves the right to refuse any orders from Clients with whom a dispute is in progress, or any orders from Clients under deferred payment terms that do not provide sufficient solvency guarantees.
ARTICLE 4 - DELIVERY - SHIPPING
4.1 The delivery times stated by CHILLER CONCEPT are the usual average times for processing, dispatching and shipping the order. They are stated for information only. Deadlines are given as a relative commitment and do not constitute a formal undertaking.
4.2 The Client acknowledges that the carrier is responsible for delivery, and that CHILLER CONCEPT is considered to have fulfilled its delivery obligation insofar as it has handed over the products to the carrier, which accepted them without reservations.
4.3 CHILLER CONCEPT shall not be held liable for any delay in delivery in the event of force majeure, fortuitous events or any other factor beyond its direct control. Delivery delays shall not result in the cancellation of the order, nor warrant the award of damages or penalties to the Client. CHILLER CONCEPT reserves the right to cancel the contract if such an event should extend beyond six (6) months after its occurrence or the date on which CHILLER CONCEPT becomes aware of it.
4.4 The products are delivered to the address stated on the purchase order. The Client must provide CHILLER CONCEPT with all the necessary practical information for a smooth delivery. The products are shipped to the Client at its own risk.
4.5 Delivery of the products does not include installation or commissioning.
ARTICLE 5 - COMPLAINTS - NON-COMPLIANCE
5.1 In the event of a visible defect (notably missing products or products not compliant with the purchase order) observed at the time of delivery, the Client must inform CHILLER CONCEPT as soon as possible. The Client must refuse any damaged packages and non-compliant products and report any damage within 48 hours via email or post to the address indicated below (article 5.2). Failing this, delivery will be considered final and any subsequent complaint will be rejected.
5.2 Information and complaints must be sent by email to: firstname.lastname@example.org.
Or by post to the address below: CHILLER CONCEPT 83 rue Carnot 92150 Suresnes – France;
5.3 Returns will only be accepted with the prior agreement of CHILLER CONCEPT to the address it provides for this purpose.
Products must be returned in their original condition and packaging, and must show no signs of disassembly, installation or use.
5.4 CHILLER CONCEPT's only obligation shall be to repair or replace the product, to the exclusion of any costs, compensation or damages. Any warranty will be void if the Client does not comply with the instructions for use, or if it uses the product other than for its original intended use.
CHILLER CONCEPT may refuse any return of products after the order has been accepted without reservations, and delivered.
5.5 Subject to compliance with the conditions above, if returned products cannot be repaired or replaced and if the Client does not accept a credit note from CHILLER CONCEPT, the latter will refund the price of the non-compliant products. The costs of delivering and returning these products remain the responsibility of the Client.
ARTICLE 6 - LEGAL WARRANTY
6.1 The products sold by CHILLER CONCEPT are guaranteed for latent defects two (2) years from the date of delivery. During this period, any repairs will be carried out free of charge in the manufacturer's workshops, to which the Client will be responsible for shipping the products.
Only products with a proven latent defect may be returned for this reason. Clients who claim that their product suffers from a hidden defect must provide proof thereof.
6.2 The warranty does not apply to repairing damage resulting from a cause external to the device, from use, installation or connection not in accordance with the instructions and user manual or from use contrary to the proper operation of the device.
The warranty does not cover:
• Replacement of consumables;
• Abnormal or improper use of the products;
• Defects and their consequences relating to use not compliant with the intended use of the product;
• Defects and their consequences relating to any external cause;
6.3 The warranty is limited to the elimination of any defects duly noted on the product, to the exclusion of any other damage. It is up to CHILLER CONCEPT to decide whether to repair or replace the defective part.
6.4 To assert its rights, the Client must, under penalty of forfeiture of any action relating thereto, inform CHILLER CONCEPT in writing of the existence of any latent defects within a maximum period of fifteen (15) days from their discovery.
ARTICLE 7 - PRICE - TERMS OF PAYMENT
7.1 The prices of the products sold are those applicable on the day the order is placed. They are stated in euros and calculated exclusive of VAT. Consequently, VAT at the applicable rate and transport costs applicable on the day of the order will be added to the price. CHILLER CONCEPT reserves the right to modify its prices at any time. However, it undertakes to invoice the products ordered at the prices stated when the order is placed.
7.2 Unless otherwise agreed, the payment terms are based on the order total, including VAT, and are 50% on ordering and the balance on delivery.
7.3 The payment of a deposit with the order can under no circumstances be considered a penalty for withdrawal.
ARTICLE 8 - RECOVERY
8.1 Failure to pay by the due date will result in the immediate payment of all amounts due, regardless of the method of payment. Furthermore, CHILLER CONCEPT reserves the right to suspend or cancel the delivery of pending orders if the Client fails to comply with the terms of payment.
8.2 In the event of late payment or payment of sums due by the Client after the agreed deadline, a late payment penalty equal to 10 times the legal interest rate, as well as a fixed compensation of 40 euros for recovery costs pursuant to Articles L. 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code, shall automatically be charged by CHILLER CONCEPT, without any formality or prior notice.
ARTICLE 9 - RETENTION OF TITLE AND RIGHT OF RETENTION
9.1 Ownership of the products delivered by CHILLER CONCEPT is only transferred to the Client after full payment of the price.
9.2 In the event of suspension of payment in fact or in law, court-ordered receivership, liquidation or application of the law on amicable settlements, the Client must notify CHILLER CONCEPT so that an inventory of the products can be drawn up immediately and the retention of title clause implemented, if appropriate. Furthermore, the Client warrants that it is fully aware of Articles L. 622-6 and L. 624-16 of the French Commercial Code.
9.3 These provisions do not prevent the transfer to the Client, as soon as the products are collected by the carrier, of the risks of loss or damage to the products sold, as well as the damage they may cause. The Client therefore undertakes to insure at its expense the products ordered for the benefit of CHILLER CONCEPT.
9.4 Pursuant to article 1612 of the Civil Code, CHILLER CONCEPT may exercise a right of retention on the products and delivery, until full payment has been made.
ARTICLE 10 - PERSONAL DATA COLLECTED
10.1 The personal data that may be collected from the Client is used to process the order.
The personal data that may be collected is disclosed to whichever CHILLER CONCEPT partners are responsible for order fulfilment, processing, management and payments.
10.2 The Client has the right to access, modify, rectify and delete any personal data that may have been collected by CHILLER CONCEPT. The Client may exercise this right at any time and without charge by contacting CHILLER CONCEPT directly.
10.3 Personal data that may be collected on consent and used where relevant, for commercial prospecting purposes, may be kept for a maximum period of three (3) years from the end of the relation.
10.4 The Client may file a complaint with the National Commission for Information Technology and Civil Liberties (CNIL).
ARTICLE 11 - INTELLECTUAL PROPERTY
11.1 The Client does not have any intellectual or industrial property rights on the products, packaging, packaging, CHILLER CONCEPT remaining the exclusive owner of all these rights.
11.2 Any use in any way whatsoever by the Client of the trademarks of CHILLER CONCEPT or its suppliers and manufacturers is strictly forbidden, unless agreed.
11.3 Failure to comply with this prohibition constitutes an infringement that may engage the civil and criminal liability of the infringer. None of the provisions of the present document may be interpreted as granting the Client a licence on any intellectual property right.
ARTICLE 12 - ATTRIBUTION OF JURISDICTION AND APPLICABLE LAW
12.1 These GTCS are governed, construed and applied pursuant to French law. If they are translated into one or more languages, the French text alone shall prevail.
12.2 These terms and conditions are severable and the invalidity or annulment of one of the clauses shall not affect the validity of the other clauses.
12.3 If a difficulty arises when ordering CHILLER CONCEPT products or when they are delivered, the Client shall, before any legal action is taken, seek an amicable solution with CHILLER CONCEPT.
12.4 Failing this, any dispute relating to the construal and performance of these GTCS shall be brought before the Paris Commercial Court.
The validation of this order is worth acceptance of the general terms and conditions of sales.