The official language is French.

ARTICLE 1: ACCEPTANCE AND APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

1.1 The Buyer acknowledges having read the Seller’s General Terms and Conditions of Sale and accepts them as an integral part of the Contract. The mere act of placing an order or accepting an offer from the Vendor implies unreserved acceptance of these General Terms and Conditions of Sale.

Prior to this date, the present terms and conditions of sale were made available to the Buyer, as referred to in article L.441-1 of the French Commercial Code
1.2 The present Terms and Conditions of Sale apply exclusively to all orders, invoices, sales, and more generally to all commercial and contractual relations, entered into by the ARTALYS Company.

1.3 The Buyer acknowledges having read the information provided to the user under the personal data pursuant to Regulation U 2016/679 of April 27, 2016 (RGPD) and Law 78-17 of January 6, 1998 (RGPD Charter)

ARTICLE 2: ORDERS

The sales contract is firm and definitive upon receipt of the order transmitted to the Vendor by the Buyer, or of any other medium indicating an order. It must be confirmed in writing by the Vendor.

ARTICLE 3: PAYMENT. Unless otherwise expressly stipulated in the special conditions, the sales price is payable in cash on receipt of the invoice.

3.1 Goods are invoiced at the price agreed when the order is placed by the buyer and accepted by the seller.
3.2 If an invoice that has fallen due is not paid, the seller may demand :

1. a) immediate payment of all outstanding invoices.
   b) payment before delivery of any order already accepted.
   c) the Buyer will be liable, ipso jure and without any formality whatsoever, for a late payment penalty of 1% per month of the sums still due, as well as collection management costs amounting to 15 €uros.

3.3 Any bill of exchange or cheque drawn up by the Buyer in payment of invoices and returned unpaid for the reason “lack of funds”, after presentation to the Seller’s bank, will incur a flat-rate penalty of 40 €uros exclusive of tax for handling the file.

3.4 Orders are payable in euros, all taxes and compulsory contributions included. Any bank charges shall be borne by the Buyer.

ARTICLE 4: RETENTION OF TITLE CLAUSE

The transfer of ownership of the goods delivered to the Buyer will only take place after full payment of the price in principal and accessory. Payment shall be deemed to have been made only after receipt of the sums due. Failure by the Buyer to meet its payment obligations, for any reason whatsoever, gives the Seller the right to demand the immediate return of the goods delivered, at the Buyer’s expense and risk. These conditions do not preclude the transfer of the risks of the products sold upon delivery.

The Buyer undertakes not to transform, resell or pledge the said products until full payment of the price, failing which the Seller shall immediately reclaim the products.
The Buyer declares that he fully accepts the retention of title clause and its consequences.

ARTICLE 5: TRANSPORT AND DELIVERY

5.1 Transport costs are at the purchaser’s expense.
5.2 Delivery times are given as an indication only, as they depend on our French and foreign manufacturers. Any delay in our deliveries does not entitle the purchaser to claim damages. Under no circumstances may late delivery lead to cancellation of the order. The Seller shall be released from any obligation to deliver in the event of force majeure.
5.3 Delivery is made either by direct handover to the Buyer, by notice of availability, or by handover of the goods to a carrier. Upon delivery of the goods, the risks shall be borne by the purchaser.
5.4 The Seller is authorized to make partial deliveries. Any partial delivery accepted by the Buyer shall be invoiced immediately upon delivery.
5.5 In the event of loss, substitution or damage, linked to transport, the Buyer must inform the carrier within the legal time limit of three days, by registered letter with acknowledgement of receipt or by extrajudicial act, in application of article L 133-3 of the French Commercial Code. A copy of the letter sent to the carrier must be sent to the Vendor, together with the reservations mentioned on the delivery note.

ARTICLE 6: RECEIPT OF EQUIPMENT

6.1 Upon receipt of the goods, the Buyer must immediately check their condition and conformity with the contract.

If no complaint or reservation is made in this respect by the Buyer on the day of receipt of the products, the said products may no longer be taken back or exchanged, in application of the provisions of article 1642 of the French Civil Code.

6.2 All complaints relating to a defect in the goods delivered, an inaccuracy in the quantities or an erroneous reference in relation to the order placed or the confirmation of the order by the Seller, must be made in writing within three days of receipt of the goods, without neglecting recourse against the Carrier.

6.3 If the purchaser is in arrears with acceptance of the goods, he will be obliged to make payment in accordance with the deadlines and conditions agreed beforehand.

If the delivery of goods is delayed at the buyer’s request or as a result of the buyer’s actions, the goods will be stored at the buyer’s risk and expense.

ARTICLE 7: DISPUTES/COMPLAINTS

7.1 Any dispute related to a non-conformity of the purchase order issued by the purchaser or to poor advice from the seller on the justification of his liability, must be the subject of a written declaration by the purchaser by registered letter within 3 days of delivery addressed to our “Customer Relations” department. After this period, no claim will be accepted.
7.2 The dispute report issued by the buyer must include the following points:

– the references and designations of the products concerned
– the disputed quantities
– a detailed explanation of the complaint
– a copy of the disputed invoice.
7.3 After analyzing the merits of the complaint, the seller will accept or refuse the return authorization. Fulfilment is subject to the customer’s written undertaking, within seven days of receipt of the return authorization, that the equipment is deemed to be in new condition, i.e. that it has not been modified in any way, that it is accompanied by the technical manuals, documentation, warranties, cables and accessories necessary for its proper use, in working order and packaged in its original packaging, which must not have suffered any damage whatsoever (inscriptions of any kind, deformation, etc.).

ARTICLE 8: WARRANTY

Our supplies are guaranteed for 1 year against all material, manufacturing or operating defects, provided that they are subjected to normal use and maintenance. The warranty covers replacement of defective parts only. AED products benefit from an additional 2-year manufacturer’s warranty, identical to the above-mentioned conditions, and an optional additional 2-year manufacturer’s warranty, according to the current price list, which covers only defective chassis parts, with the exception of removable or worn parts (wheels, accessories, hinges, lids, drawers, rods, etc.). For products delivered in kit form and assembled by the customer, warranties are identical to the above conditions and cover only the structures. Defects and faults related to assembly are not taken into account and are not covered by any warranty. Warranties do not cover the cost of labor, transport, accommodation and catering, which are always at the customer’s expense, in accordance with metal manufacturing practice.

ARTICLE 9: JURISDICTION CLAUSE

All disputes relating to the contract concluded between the parties shall be submitted exclusively to the jurisdiction of the Tribunal de Commerce de Nîmes.

ARTICLE 10: Data protection – Management of personal data

ARTALYS respects privacy and protects the personal data of users of the site and the services it offers. In particular, the purpose of this policy is to inform users of the site of the methods of collection, processing and use of their personal data and of their rights in terms of the protection of personal data with regard to the provisions applicable in this area, in particular Law 78-17 of January 6, 1978 relating to information technology, files and freedoms known as “Informatique et libertés” and in application of the General Regulation on the Protection of Personal Data 2016/679 (RGPD) which came into force on May 25, 2018.

Each party guarantees that the processing of personal data for which it is responsible is carried out in accordance with the provisions of law n°78-17 of January 6, 1978 relating to data processing, files and freedoms and in accordance with the provisions of article L 34-5 of the French Post and Electronic Communications Code.

In accordance with the French Data Protection Act (Loi Informatique et Liberté), individuals have the right to access, rectify, question and withdraw their consent to the collection of data concerning them, by e-mail to the following address: contact@artalys-france.fr or by post to 8 rue Deyron 30 000 Nîmes, accompanied by a copy of a signed identity document.

Customers are invited to refer to the personal data protection charter on the website: www.artalys-france.fr