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Article 1 - GENERALITIES :
These general conditions of sale hereafter known as "GCS” are agreed between on the one hand EXELTOOLS SASU, company with a capital of €22,500, registered at the Bourges Business Registry under the number B 752 691 766
And on the other hand, any physical or moral person acting within the framework of their professional or commercial activity desiring to carry out purchase via the online (Internet) store at www.exeltools.com hereafter known as the "Client".
EXELTOOLS and the Client together are hereafter known as the "Parties".
The GCS, and the rights and obligations of parties are governed in compliance with French legislation, and the parties accept being under the authorisation of this legislation
Article 2 - SUBJECT
These GCS aim to define the terms and conditions of sale between EXELTOOLS and its Client, from ordering to delivery. They govern all the stages necessary for placing the order and ensuring monitoring of this order between the Parties
Article 3 - FIELD OF APPLICATION
These GCS govern the sale of EXELTOOLS® tools found on the website www.exeltools.com on the day the order is placed by the Client. They apply to all orders placed by Internet or by telephone.
The simple fact of placing an order or accepting an offer from EXELTOOLS therefore implies acceptance without reserve of the GCS, subsequently the Other Party reconfirms every time exeltools.com. The GCS can be modified at any moment and without notice by EXELTOOLS, the modifications therefore only being applicable to later orders. We advise you to print this agreement, to save this copy and to consult it every time you make a transaction via exeltools.com.
Article 4 - ORDER
Orders can be placed by Internet on the website www.exeltools.co.uk.
To place an order the Client must be aged 18 or over. EXELTOOLS will not accept any order placed by any other means except those given above. When the client places an order, EXELTOOLS will give them an Internet order number. EXELTOOLS will do it via the website www.exeltools.co.uk
By placing an order, the Client formulates an offer purchase EXELTOOLS® tools as per these General conditions of sale. EXELTOOLS reserves the right to accept or to refuse this offer. If EXELTOOLS accepts the client order, it will notify the client of its acceptance by issuing an order confirmation via e-mail.
Article 5 - PRICE
The prices for Software ordered are those given on the Client invoice.
VAT is due by the Client at the applicable rate stated on the invoice.
Delivery costs, when applicable, are due by the Client, as indicated on the invoice
Prices can be modified unilaterally without prior notice. The goods are invoiced at the price agreed when the order is placed. All prices are net and in euros, VAT and any other taxes, transport costs, and freight insurance are not included. In the case of misprints on the website, the Parties reserve the right to terminate the contract.
Article 6 - PAYMENT
The Client can pay for its order online by bank card (Visa, Mastercard, or French bank card) or by telephone on +33 (0)2 48 64 85 73 directly with the EXELTOOLS sales department.
Payment online is carried out by the Client who will provide EXELTOOLS with its credit card references when it places its order. The Client’s credit card will be debited when EXELTOOLS issues the invoice to the Client. EXELTOOLS will ensure the delivery of goods only after receiving authorisation of payment for the goods from the card issuer. If EXELTOOLS does not obtain such authorisation it will inform the Client
Article 7 - DELIVERY AND TRANSPORT
EXELTOOLS will take care of delivery using the transport company of its choice, without this modifying the rules below. Delivery costs are at the expense of the Client. EXELTOOLS will supply the goods to the Client conformément on confirmation of its order and under the provisions of the General conditions of sale.
7.1 Transport and risks
The risks and perils of transport (notably loss, damage, or theft) are the responsibility of the Client. It is up to the Client, in the event of missing or damaged goods on delivery, to make all reserves necessary with the transport company. Any product that has not been the subject of reserves on the transport documents and reasoned complaint by recommended letter with proof of delivery within three days of reception from the transport company, in compliance with Article L. 133-3 of the Commercial Code, and of which a copy will be simultaneously sent to EXELTOOLS, will be considered as accepted by the Client. The responsibility of EXELTOOLS can in no case be called into question for events that occur during transport, destruction, damage, loss (except in the conditions mentioned above) or theft, even if it has chosen the transporter.
7.2 Place of delivery
Delivery is carried out by the handing over of goods by a transporter on the site indicated by the Client on the order form.
In the event of absence during delivery, a second presentation, at the expense of the Client, is carried out by the transporter or its representative; in the event of a failure to collect at the collection site indicated the equipment is generally return to EXELTOOLS which reserves the right to dispose of the unclaimed equipment and to postpone the execution of the order left by the Client to a later date.
7.3 Delivery leadtimes
Delivery leadtimes are given for information purposes only; they depend notably on the availability of our suppliers and transporters. EXELTOOLS is free from any commitment concerning leadtimes in the following cases: random technical events, defaulting by EXELTOOLS suppliers, lack of stock, transporter fault, force majeure, act of God, inaccuracy or lack of information to be provided by the Client, delivery postponed by the Client, absence of payment or incomplete payment, delays due to customs formalities. If EXELTOOLS cannot provide the product ordered, we will inform you and we will propose the delivery of an equivalent product or a credit note for the value of the unavailable product.
7.4 Reception
On reception of goods, the Client must immediately verify their state and their compliance in relation to the contract. Without prejudice to the actions to be taken in relation to the transporter, in the event of apparent defects or missing products, any claim, whatever its nature, concerning the products delivered, will only be accepted EXELTOOLS by if it is carried out in writing in the three days following delivery of the products. It is up to the Client to provide all proof concerning the reality of defects found or missing items. In this case, the Client can request the replacement of the noncompliant articles and/or the additions to be sent to make up the missing articles at the expense of v without the Client being able to claim any compensation or the cancellation of the order. The reception without reserve of the products ordered covers any apparent defects or missing goods.
The claim made by the Client under the terms and conditions described by this Article does not suspend payment by the Client for the goods concerned. The right of withdrawal is not applicable to purchases carried out by companies.
Article 8 - CLAIMS AND AFTER SALES SERVICE
8.1 Claims
Any claims, whatever their nature, concerning a fault with the goods delivered, inaccuracy in quantities, an apparent defect, a missing item, an erroneous reference in relation to the offer accepted or on the confirmation of the order by EXELTOOLS, must be formulated in writing within a period of three days from reception of the goods, without neglecting recourse against the transporter, without which the right to place a claim will cease to be acquired. It is up to the Client to provide all proof concerning the reality of this claim. The Client must enable EXELTOOLS to carry out all verification operations on the site concerning claims.
8.2 Return procedure
The labels attached to all parts are indispensable for the guarantee. Packaging must be kept in perfect condition. Any return of goods requires the prior agreement of EXELTOOLS and the issuing of a return number. The Client will receive, via the means judged the most opportune by EXELTOOLS, a return agreement. After obtaining the return agreement the Client has seven days to carry out the return of faulty goods to EXELTOOLS; failing this the return package will be refused. The return of goods is carried out at the expense of the Client. On the other hand, the return of goods once after sales service has been carried out are at the expense of EXELTOOLS. Failing an agreement concerning the return of the good, any goods returned will be held available for the purchaser at its expense, risks, and perils, any transport, storage, and handling of goods being at the expense of the Client.
Article 9 - PROTECTION OF CLIENT DATA
By placing an order the Client gives its agreement on the fact that EXELTOOLS can store, process, and use the data collected from the order form. In compliance with law number 78-17 of 6 January 1978, the client has a right of access to data of a personal nature concerning it, a right of rectification, and a right to block the processing of its data. To exercise this right, the Client can contact the data processing manager at the following address:
contact@exeltools.com
Article 10 - GUARANTEE
The product sold are guaranteed for parts and labour directly by EXELTOOLS against any substance or manufacturing defect for a duration of 12 months starting from the date of the invoice, with the exception of expressly notified specific conditions; This guarantee is limited to the repair or replacement of goods recognised as faulty by EXELTOOLS taking into account usage made and this at the choice of EXELTOOLS; Play in flexible rods for reinforcements, door hooks, universal bonnet bars, and wing and roof bars and whale tails only are guaranteed for life against breaking of any welding. The right of guarantee is declined, in case the goods have been used incorrectly or carelessly, or (repair) activities or changes made in goods were made without prior written consent of EXELTOOLS.The guarantee does not apply in the following cases:
. A cause of external breakdown in the device (a shock, a lightning, an important fluctuation in tension).
. Damage caused during the transport or the storage.
. A device having been the object of an installation or a connection non-in compliance with the specifications of the manufacturer.
. A device containing too much dust inside.
. A device displayed to the rain or to the humidity, made rusty.
. A device having been the object of modifications by the customer (changed components, welds or redone cablings).
. Deteriorations generated by a misuse of the device.
. A use of accessories or unsuitable consumables.
. A consequence of normal use.
The guarantee does not apply either in the following cases:The normal wear and tear of accessories nor in consumables.
Batteries, the end user is responsible for the maintenance of his battery after purchase. Attention: a not maintained battery quickly deteriorates (sulfatation). :
For more details on terms and conditions contact the client department.
Article 11 - RESERVATION OF TITLE:
The transfer of ownership of goods delivered to the Client only occurs after full payment of the principle and additional price or the banking of accepted bills of exchange or other payment means issued to settle the price, even in the case of obtaining additional payment time. Any contrary clause, notably inserted in the general purchasing conditions, is considered as unwritten. The Client undertakes, in the event of bankruptcy concerning its company, to actively participate in the establishment of an inventory of goods found in its stocks for which EXELTOOLS can claim ownership. By default, EXELTOOLS can have this inventory drawn up by a bailiff at the expense of the Client. EXELTOOLS can prohibit the Client from proceeding with the resale, transformation, or incorporation of goods in the event of late payment. To guarantee the payments not yet carried out and notably the balance of the Client account into the accounting entries of EXELTOOLS, it is expressly stipulated that the rights concerning goods delivered but unpaid can be carried over to identical goods coming from EXELTOOLS in stock at the Client premises, without it being necessary to allocate payments to a specific delivery or sale. Starting from delivery, the client is considered as the depositary and the custodian of the aforementioned goods.
Article 12 – PROFESSIONAL ELECTRICAL AND ELECTRONIC EQUIPMENT (DEEE) WASTE:
For the equipment excluded from the scope of the decree number 2005-829 concerning the composition of electrical and electronic equipment and the elimination of waste from this equipment, and in compliance withArticle L. 541-2 of the environmental code, it is up to the holder of the waste to ensure, or have ensured, its elimination. For the equipment concerned by the aforementioned decree, in compliance with Article 18 of the decree 2005 - 829 concerning the composition of electrical and electronic equipment and the elimination of waste from this equipment, the organisation and the financing of the removal and the processing of EEE waste that is the subject of the present sales contract are transferred to the Client who accepts them. Decline ensures the collection of the equipment that is the subject of the sale, its processing, and its recycling in compliance with Article 21 of the aforementioned decree. The aforementioned obligations must be sent by the successive professional purchasers to the final user of the EEE. The non-respect by the Client of the obligations placed on it can lead to the application of penal sanctions provided for in Article 25 of the decree 2005 - 829 against it.