Terms and Conditions of Sale | MPV
Any order made via the website www.motor-pump-ventilation.com, trading name of the company ATEC FRANCE, implies prior knowledge and acceptance without exception of these Terms and Conditions of Sale.
ATEC FRANCE is free to amend them at any time. In case of amendment, the Terms and Conditions of Sale which apply are those which were applicable at the time the Customer made the order.
Should a condition be found to be lacking, it shall be considered to fall under the procedures governing companies based in France, which operate in the online retail sector.
Article 1 – Purpose
These Terms and Conditions of Sale apply to the relations between:
- On the one hand, the company ATEC FRANCE, simplified joint stock company registered with the RCS of Bordeaux (France) under the number B 487 628 414, whose head office is located at 25 rue de la Source in GRADIGNAN (33170), (Hereafter referred to as the 'Seller').
- On the other hand, its internet Customers (hereafter referred to as 'the Customer'), who make their orders via the website www.motor-pump-ventilation.com and its various data trees (the 'Website').
Article 2 – Product Information
The products shown are on sale subject to availability. If an order is made for a product currently unavailable, the Seller will inform the Customer as quickly as possible. The photographs published on the site are not contractual and do not make the Seller accountable.
The product descriptions published by the seller are based, in particular, on information provided by suppliers.
By confirming an order, the Customer declares that he has knowledge of the essential features of the product ordered.
The photographs, product descriptions, and editorial elements of the Website remain the property of the Seller, which means that any partial or full reproduction of elements of the Website is strictly forbidden.
The Seller has the right to amend without notice the catalogue of products on sale.
Article 3 – Information on Prices, Delivery times and Rates
Prices are net and include any taxes, excluding delivery costs.
Prices can be amended at any time by the Seller.
If there is a mistake in the price given, the Seller will inform the Customer as quickly as possible, and can cancel the order.
Delivery times are given in working days, and are expected delivery times.
The Customer receives information on delivery times, and on delivery costs, before he confirms his order.
Delivery costs include any costs for order preparation and transport.
Article 4 – Information provided by the Customer
Customer has to be of legal age and must have legal capacity to place an order; he/she must provide reliable, correct information, which suffices for the Customer to be identified and for delivery to be made correctly.
Article 5 – Summary of the Order and Payment
Before payment is made, the Customer will be shown a summary of the order, which allows for any necessary changes to the information given to be made, and which indicates the toal cost of the order, including delivery costs.
Payment can be made with the following means:
- CARTE BLEUE
Payment is made via a secure online payment service, managed by a trusted service provider: BNP PARIBAS.
Bank data, which is encrypted, is not handled or stored by the Seller.
Article 6 – Order Confirmation
The Seller will send the Customer acknowldegement of an order via e-mail.
However, the order is not accepted by the seller until (i) availability of the product ordered has been checked, (ii) the information required for delivery has been validated, and (iii) there is confirmation that payment has gone through.
Article 7 – Delivery
Product delivery is guaranteed for mainland France only.
Deliveries are made by a third party service provider appointed by the Seller.
Products ordered travel at the Customer's own risks, who agrees to check the contents of packages received in the presence of the carrier service delivery person and to mention, precisely and in written form, any defects or reservations on the delivery documents. In such a case, the Customer agrees to notify the Seller's Customer Support department within 24 hours maximum, via the « Contact
» page on the website.
If no precise reservations or comments are made on the delivery note, the Customer acknowledges receipt of the products ordered in a condition which was entirely satisfactory.
If delivery cannot be made as a result of a factor on the Customer's side (absence, mistaken or incomplete information for delivery, etc... ), the product will be returned to the Seller by the service provider in charge of delivery. The Customer will lose the benefit of shipping costs and will be liable to pay any costs for return of the product as well as – if applicable – shipping costs for a new delivery.
If the Customer orders several products whose delivery dates are different, the delivery time that applies is the longest. Delivery times are given as expected times only, and bearing in mind that the Seller cannot be held accountable if delivery is made late through circumstances beyond his control.
The Seller has the right to ship the order as a group delivery or as several separate deliveries.
Article 8 – Retention of title
The products ordered remain under the ownership of the Seller until full and effective payment has been made.
Article 9 – After-sales Service and Guarantees
The Customer has access to the After-sales service via the « Guarantees - Return - Aftersales
» page on the website.
The Customer is reminded that he benefits from legal guarantees (principally through application of Article 1641 of the French Civil Code) as well as, if applicable, a specifically mentioned contractual guarantee.
No guarantee is applicable for any damages which occur after improper use of a product.
Any guarantee due is limited to the repair or replacement of a faulty product, without the possibility to claim any compensation, particularly as a result of the product being unavailable during its reparation or replacement.
All costs for mounting/dismounting and for shipment are not at the Seller's expense.
The Customer is responsible for keeping the purchase invoice, the packaging and accessories required for effective application of the guarantee.
Article 10 – Right of withdrawal
The Customer has fourteen **(14) clear days from the date of reception in which to exercise his right of withdrawal, without having to provide any reasons for withdrawal, and without paying any penalty, except for return costs.
Should the 14-day deadline fall on a Saturday, a Sunday or any other non-working day or Bank Holiday, it will be extended to the first working day thereafter.
The product must be returned to the company ATEC FRANCE in its original packaging, in full, and with the original invoice.
Article 11 – Use of personal data
The Seller uses for his business activity files containing personal data as set out under the modified French Data Protection Act no. 78-17 of January 6 1978.
These files are regularly disclosed to the 'Commission Nationale de l’Informatique et des Libertés'.
In accordance with applicable laws, the Customer has the right to access, and to object to the handling of personal data, as well as the right to amend it.
These rights can be exercised online via the 'Contact
' e-mail address on the website or by writing to :
25 rue de la Source
33170 GRADIGNAN - FRANCE
Article 12 – Archiving
The seller archives order foms and invoices on reliable and long-lasting media.
The seller's computerised records are considered as proof of the correspondance, orders, payments and transactions between the parties.
Article 13 – Severability
In the event that any one of the provisions hereby laid out be invalid, whatever the cause, the validity and respect of the present contract shall not be affected.
Article 14 – Governing law and Jurisdiction
These Terms and Conditions of Sale are subject to French law and only French jurisdictions are competent to resolve disputes arising from their application.
If the Customer is a professional acting in the work context, the 'Tribunal de Commerce' in Bordeaux (France) has exclusive jurisdiction, notwithstanding a plurality of respondents and/or introduction of third parties.