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 declares that they accept them as an integral part of the Contract. The mere act of placing an order or accepting an offer from the Seller constitutes unconditional acceptance of these General Terms and Conditions of Sale.
Prior to that date, these terms and conditions of sale were made available to the Buyer, as provided for in Article L.441-1 of the Commercial Code
1.2 These General Terms and Conditions of Sale apply exclusively to all orders, invoices, sales, and more generally to all commercial and contractual relationships entered into by ARTALYS.
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 provided for in the special terms and conditions, the purchase price is payable in full upon receipt of the invoice.
3.1 The goods are invoiced at the price agreed upon at the time the order was placed by the buyer and accepted by the seller.
3.2 If an invoice that has become due remains unpaid, the seller may demand:
- a) immediate payment of all outstanding invoices.
b) payment prior to delivery of any order that has already been accepted.
c) The Buyer shall be automatically and without any formalities liable for a late payment penalty of 1% per month on the outstanding amounts, as well as collection fees amounting to 15 euros.
3.3 Any commercial paper or check issued by the Buyer in payment of invoices that is returned unpaid due to “insufficient funds,” upon presentation to the Seller’s bank, shall result in a flat-rate indemnity of 40 euros (excluding tax) as a penalty for processing the matter.
3.4 Orders are payable in euros, including all taxes and mandatory fees. Any bank charges shall be borne by the Buyer.
ARTICLE 4: RETENTION OF TITLE CLAUSE
Title to the goods delivered to the Buyer shall not pass until full payment of the principal and incidental amounts has been made. Payment shall not be deemed to have been made until the amounts due have been received. Failure by the Buyer to fulfill its payment obligations, for any reason whatsoever, shall entitle the Seller to demand the immediate return of the delivered goods at the Buyer’s expense and risk. These terms and conditions do not preclude the transfer of risk for the sold products upon delivery.
The Buyer agrees, until full payment of the price has been made—failure to do so will result in the Seller’s immediate claim to the products—not to process said products, resell them, or pledge them as collateral.
The Buyer hereby declares that it fully and unconditionally accepts the retention-of-title clause and its consequences.
ARTICLE 5: TRANSPORT AND DELIVERY
5.1 Shipping costs are the responsibility of the buyer.
5.2 The delivery time is provided for informational purposes only, as it depends on our French and foreign manufacturers; any delay in our deliveries does not entitle the customer to claim damages. Under no circumstances may a delay result in the 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 delivery to the Buyer, by notice of availability, or by handing the goods over to a carrier. Upon delivery of the goods, the risks shall be borne by the Buyer.
5.4 The Seller is authorized to make partial deliveries. Any partial delivery accepted by the Buyer is billable upon delivery.
5.5 In the event of loss, substitution, or damage related to transportation, the Buyer must notify the carrier within the statutory three-day period, by certified letter with acknowledgment of receipt or by extrajudicial notice, pursuant to Article L 133-3 of the Commercial Code. A copy of the letter sent to the carrier must be sent to the Seller, along with the reservations noted on the waybill.
ARTICLE 6: ACCEPTANCE OF EQUIPMENT
6.1 Upon receipt of the goods, the Buyer must immediately inspect their condition and verify that they comply with the contract.
If the Buyer does not file any complaint or reservation in this regard on the day of receipt of the products, said products may no longer be returned or exchanged, in accordance with the provisions of Article 1642 of the 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/CLAIMS
7.1 Any dispute related to a non-conformity in the purchase order issued by the buyer or to incorrect advice provided by the seller—which would justify the seller’s liability—must be reported in writing by the buyer via certified mail within 3 days of delivery, addressed to our “Customer Relations.” After this period, no dispute will be accepted.
7.2 The dispute report issued by the buyer must include the following information:
– the part numbers and designations of the products in question
– the disputed quantities
– a detailed explanation of the claim
– a copy of the disputed invoice.
7.3 After reviewing the merits of the claim, the seller will approve or deny the return authorization. Processing of the return is contingent upon the customer’s written commitment, within seven days of receiving the return authorization, that the equipment is in like-new condition—that is, 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 sustained any damage whatsoever (markings 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 website and the services it offers. The purpose of this policy is, in particular, to inform users of the website about how their personal data is collected, processed, and used, as well as their rights regarding the protection of personal data under applicable laws, notably Law No. 78-17 of January 6, 1978, oninformation technology, files, and civil liberties, known as the “Data Protection Act,” and in accordance with the General Data Protection Regulation 2016/679 (GDPR), which entered into force on May 25, 2018.
Each party warrants that the processing of personal data for which it is responsible is carried out in accordance with the provisions of Law No. 78-17 of January 6, 1978, on Information Technology, files, and civil liberties, and in accordance with the provisions of Article L 34-5 of the Code of Postal Services and Electronic Communications.
In accordance with the French Data Protection Act, individuals have the right to access, correct, and inquire about their personal data, as well as to withdraw their consent to the collection of such data, by emailing the following address: contact@artalys-france.fr or by mail to 8 rue Deyron, 30000 Nîmes, accompanied by a copy of a signed identification document.
Customers are encouraged to review the Privacy Policy on the website: www.artalys-france.fr