Conditions of Use
The seller is defined below as DoWatts Store, the buyer is defined below as the company or the person signing and accepting these terms of sale. The general conditions of sale apply exclusively to all sales concluded by DoWatts Store both for its own account and for that of its principals. All other conditions are binding on the seller only after written confirmation from him. Information on catalogs, price lists, websites, notes, etc. are given for information only and may, as such, be modified by the seller without notice. The mere fact of placing an order or accepting an offer from the seller implies the unconditional acceptance of these terms and conditions. The offers are valid within the limit of the option period set to one week from the date of the offer unless otherwise stipulated in this offer. These terms and conditions may be modified at any time and without notice by DoWatts Store, the changes then being applicable to all subsequent orders.
Article 2 - ORDERS
In the context of orders made on the website www.DoWatts.fr and on any other site of the DoWatts Store group, orders are effective from the date of receipt of payment for checks or bank transfer or acceptance of a financing agreement of a financial institution. Orders addressed directly by the buyer or which are transmitted by the agents representatives of the seller engage the seller only when they have been accepted in writing. During the immediate shipment of products, the confirmation of the order by the seller may be replaced by an invoice. Any changes to orders and any conditions incidental or derogatory to the object and terms of the sale are valid only to the extent that they appear in the offer or confirmation made by the seller. Any offer to sell is subject to availability. Any clause emanating from the buyer, not accepted in writing by the seller who would be in opposition to the present general conditions or particularities defined in the price offer will be considered as null. No unilateral order cancellations will be accepted without the agreement of DoWatts Store. Any payments made to the DoWatts Store group can not be considered as a deposit. For reasons of credit card fraud limitations it may be requested the supply of documents justifying the veracity of the order.
Article 3 - PRICE
The seller price list is not a sale. It can be changed unilaterally without prior notice. The goods are invoiced at the price agreed upon the order within the limit of the option period and general economic conditions (taxes, exchange rate, ...), at the time of delivery. All prices are net in euros, including taxes, packaging costs. Freight and freight insurance costs are billed separately.
Article 4 - DELIVERY
Whatever the mode of delivery, the risks and perils of transport (loss, deterioration or theft) are the responsibility of the seller, except in the case where the buyer has mandated a carrier on his behalf. Delivery is made either by direct delivery to the buyer, or by notice of availability, or for professionals by delivery of goods to a carrier. The seller is authorized to make partial deliveries. Any partial delivery accepted by the buyer is subject to invoicing upon delivery. By express agreement, a case of force majeure or events such as lockout, strike, total or partial work stoppage in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, the seller is released from all liability for delivery. The seller will keep the buyer informed in a timely manner, of the cases and events listed above. In any case, timely delivery can only occur if the buyer is up to date with his obligations to the seller whatever the cause.
Article 5 - TRANSPORT
Shipping risks are borne by the seller, provided that the buyer has checked the goods upon receipt in the presence of the carrier and the delivery note and has served in writing on the transport slip, if necessary, the observed reserves. Unless otherwise agreed, the seller freely chooses the carrier. In case the package is too damaged, the buyer must refuse. In the case of a loss of package during transport, investigation times may vary between carriers and take one to three weeks. In the event of reservations being made upon receipt, these must also be declared by registered mail to the carrier within a maximum of 48 hours and sent in copy within the same period to DoWatts Store.
Article 6 - COMPLAINT AND AFTER SALES SERVICE
All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or their erroneous reference to the accepted offer or the confirmation of the order by the seller, must be made to the seller by registered mail in a period of 48 hours upon receipt of the goods, without neglecting if necessary and in accordance with Article 5 the recourse against the carrier, failing which the purchaser's right to claim will cease to be acquired. The labels affixed to the parts are essential for the guarantee. Packaging must be kept in perfect condition. If this is not the case, the buyer can not benefit from his right to claim. The buyer must allow the seller to perform all on-site verification of claims. Any return of goods requires the prior agreement of the seller and a return number. The buyer will receive by the means deemed most appropriate by the seller a return agreement. It is necessary on this occasion that the purchaser gives his precise coordinates and provide the designation of the element or elements concerned, their serial number, the breakdown found and the number of invoice or delivery note corresponding to the parts described. After obtaining the return agreement, the buyer has a period of 7 days to return the defective goods to the seller. The buyer then sends the seller the item or items that appear to be complete defective and in their original packaging, unless indicated by the seller. The return of goods is at the seller's expense within 1 month after the date of order. This return is refunded from the date of issue. This is only valid as part of the warranty. Upon return, the buyer will include the words "SAV", the return number that has been communicated by the seller, directly on the package and it will also provide a copy of the invoice. Otherwise, the returned package will be refused. Failing agreement, any returned merchandise will be held at the disposal of the buyer at his own expense, risk and peril, all costs of transport, storage, handling being the responsibility of the buyer. Applicable from 1 January 2007.
Article 7 - OPTION OF RETRACTION RESERVED FOR INDIVIDUALS
Under the conditions set out in Article L. 121-16 of the French Consumer Code and in the context of distance selling of goods or services, the buyer has a withdrawal period of 7 days from the date of sale. the delivery of his order which will be refunded against return of the delivered products. The right of withdrawal can not be exercised on parts assembled at the request of the buyer. The buyer must return the goods in their original condition and packaging.
Article 8 - GUARANTEE
The products are warranted by the manufacturer (failing that, by DoWatts Store) against any defect in material or workmanship for a period of 24 months from the date of delivery, except for specific conditions expressly served. Interventions under the guarantee can not have the effect of extending the duration of the guarantee. The seller's warranty on transport can only be implemented if the buyer has fully complied with Article 5 of the General Terms and Conditions of Sale. The seller's warranty is limited to repairing, replacing or refunding the value of the defective goods recognized by the seller, taking into account the use made of them and this at the free choice of the seller.
The seller undertakes only to ensure the replacement of the defective parts and the repair of damages of the goods supplied to the buyer by him. The guarantee therefore does not cover labor costs, nor those resulting from dismantling, reassembly and transport operations, except in the case of standard exchange.
Subject to the legal provisions, the seller's liability is strictly limited to the obligations defined in these conditions or, where appropriate, under the express conditions. In the event that the buyer returns products that have not been supplied by the seller, the seller can not be held responsible for any material or immaterial damage that may occur during the repair. The seller can not be responsible for the guarantee of breakdowns or damages resulting directly or indirectly in the following cases: - Any unprotected or prolonged storage. - Any negligence, mistake in connection or handling, maintenance and use of equipment that does not comply with the technical specifications of the seller or the manufacturer or, more generally, defective or clumsy use. - Any addition of additional device or accessory equipment or use of any necessary parts for the operation of the equipment not complying with the technical specifications of the seller or manufacturer. - Any mechanical, electronic, electrical or other modification or transformation to the equipment or its connection devices by any third party. In case of bankruptcy or impossibility of supply of the manufacturer, the buyer can not turn against the seller. DoWatts Store can not be held responsible for any consequential damages that may arise from the purchase of products or any loss of data. DoWatts Store does not guarantee the purchaser, for hidden defects that may affect the delivered products, as part of a replacement of defective products, or parts making them unfit for their use, without being considered by the buyer as responsible for the possible harmful consequences that these latent defects could have caused.
Article 9 - RESERVATION OF PROPERTY
Pursuant to the law of May 12, 1980, the transfer of ownership of goods delivered to the buyer will only occur after full payment of the principal and incidental price or collection of accepted bills of exchange or other securities issued for the purposes price settlement. During the period from delivery to the transfer of ownership, the risk of loss, theft or destruction is the responsibility of the buyer. Failure by the buyer of his payment obligations for any reason whatsoever, confers on the seller the right to demand the immediate return of the goods delivered at the expense and risk of the buyer. The buyer undertakes, in the case of a bankruptcy proceeding affecting his business, to participate actively in the establishment of an inventory of the goods in his inventory and which the seller claims the property. Otherwise, the seller has the option to have the inventory recorded by bailiff at the expense of the buyer. The seller may prohibit the buyer from reselling, processing or incorporating the goods in case of late payment. To guarantee payments not yet made and in particular the balance of the buyer's account in the seller's records, it is expressly stipulated that the rights relating to the goods delivered but unpaid will refer to the identical goods from the seller in stock at the auction. buyer, without the need to impute payments on a specific sale or delivery.
Article 10 - RESOLUTIONARY CLAUSE
In case of non-compliance with one of the obligations of the buyer by the latter, the sale will be terminated automatically and the goods will be returned to the seller at his discretion, without prejudice to any damages that the seller could argue against the buyer, within 48 hours after the formal notice remains ineffective. In this case, the seller is entitled to claim from the buyer a fixed compensation of 10% of the amount of the sale.
Article 11 - PAYMENT
Payments must be made in such a way that the seller can dispose of the amounts due on the day of delivery. Except in the case of express written special conditions or specific conditions granted to business customers after their file has been examined, payments must be made by transfer to the order or by check on the order or on receipt of the material against the carrier. The seller reserves the right to request a check from the buyer if the sums involved are large. In the event that the seller accepts a payment by draft, the buyer must return it to him accepted and domiciled within eight days. The costs are borne by the buyer, failing return of the draft accepted within the time mentioned, the payment will become immediately due.
In the case of payment by installments, expressly accepted by the seller, the non-payment of a single due date will immediately make the full price payable, irrespective of the conditions agreed previously even if the deadlines have given rise to the settlement. acceptable bills of exchange;
the same will apply in the event of a sale, assignment, pledging or contribution by the buyer of his goodwill. The seller may retain the delivery of the goods concerned until the representation of the payment guarantee.
Any payment after the payment date fixed could lead to the billing of penalties without a prior notice of the buyer is necessary. The amount of these penalties would be at least equivalent to that which would result from the application of a rate equal to 1.5 times the legal interest rate in force on the day of application of the penalties, without this clause being applicable. excludes additional damages. The buyer can never, on the grounds of a complaint formulated by him, retain all or part of the sums due by him, nor make a compensation. When the buyer is late for full or partial payment of a due date, the seller can by this fact alone and without the need for a prior notice, immediately suspend the deliveries, without the buyer can not claim damages from the seller. In case of recourse by litigation, the seller is entitled to claim from the buyer the reimbursement of costs of any kind related to the lawsuit.
Article 12 - JURISDICTION AWARD CLAUSE
All different relating to the formation, execution and termination of contractual obligations between the parties that can not result in a settlement, will be subject to the jurisdiction of the Commercial Court in the jurisdiction of which is the seat of the seller , regardless of the terms of sale and the method of payment accepted, even in the event of an appeal by guarantee or plurality of defendants, the seller reserving the right to appeal to the Tribunal territorially competent to which falls the seat of the buyer. The present contract is regulated by French law. The application of the Vienna Convention on the International Allocation of Goods is expressly rejected.
DoWatts Store is a Registered Trademark
