GENERAL TERMS OF SALE
POWERTEX FRANCE – BETTINA
Applicable to March 1, 2009 – To Private Customers
These terms of sale are concluded on the one hand by the company:
BETTINA, headquartered in:
1 Old Four Alley
ANGOULME Trade Registry Number: RCS 854 005 790
Intra-Community VAT Number: FR 328 540 057 90
And on the other hand, by any individual or legal person wishing to make a purchase via the BETTINA website of the mon of "Powertex France" name referred to below as "the buyer".
Article 1 – Object and Scope
It's 1.1. All our sales are subject to these General Terms of Sale, which prevail over any purchase conditions or other buyer's document, except for a formal and written exemption from BETTINA.
It's 1.2.Any order takes full advantage of the buyer's full adherence to these General Terms of Sale and his renouncement of all stipulations that might appear on his orders, correspondence or general terms of purchase.
Article 2 – Products
The products offered by BETTINA concern supplies dedicated to creative leisure. Each product is accompanied by a description prepared by the supplier. BETTINA undertakes to do everything possible to ensure that the descriptions of the products mentioned on the site are an accurate reflection of the products marketed, and will complete its description with photos of those same products. The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product offered, especially with regard to the colors. Bettina. and its suppliers are not responsible for the consequences, incidents, special damage caused by the electronic transmission of these items, even if BETTINA and its suppliers were informed. The majority of the products offered to its buyers by BETTINA, are available in the BETTINA warehouse. These products are available within the limits of available stocks. If however one of the products ordered was unavailable, BETTINA. will inform the buyer electronically. The customer will have the choice of requesting the cancellation of this product of the order and obtaining a refund. Or ask BETTINA to maintain the order until EBETTINA receives the product in question.
Article 3 – Orders
The buyer, who wishes to purchase a product or service, must:
– fill out the identification sheet on which it will indicate all the details requested
– complete the online purchase order by giving all the references of the products or services chosen
– validate your order after you've checked it
– make the payment under the terms provided and chosen by itself according to the different delivery possibilities offered by BETTINA
– confirm its order and settlement.
Confirmation of the order results in acceptance of these terms of sale, recognition of full knowledge of them and waiver of its own terms of purchase or other conditions.
All the data provided and the recorded confirmation will be worth proof of the transaction. Confirmation will be worth signing and accepting the transactions performed.
The seller will provide confirmation of the registered order by email after validating the information contained in it.
Article 4 – Deliveries
4.1. Orders are delivered as soon as possible.
Our delivery times are given as an indication and, unless expressly accepted by us, delivery delays cannot, under any circumstances, justify the cancellation of the order by the buyer, nor give rise to damages. The prices shown are all Taxes Included, in Euros.
The amount of your delivery costs remains accessible to all levels of the order, and even before you validate it definitively. From 80 euros of purchase of goods, BETTINA pays the amount of the delivery costs
BETTINA uses the services of La Poste to send your parcels in Colissimo. We are committed to processing and shipping your order within 1 and 3 business days upon receipt of your order confirmation and payment. If this deadline is not met, the buyer will be entitled to request the cancellation and refund of your entire order.
In particular, we are unsealed from any obligation in the event of incidental cases or force majeure preventing either manufacturing or shipping or introduction to France.
In particular, strikes, fires, floods, serious accidents of equipment or tools, wars, epidemics, transport interruptions or modifications, from the day of the order, customs or quota regimes are considered to be a case of force majeure.
4.2. Transfer of risk
Risk transfer occurs upon receipt of products in the buyer's store as defined in paragraph 4.3. The following will be the buyer's custody of the delivered products and will be responsible in the event of partial or total loss, theft or destruction, and more generally, will insure all the risks.
Are considered to be the store (s) of the buyer, his representatives or rights holders, any place, their own or not, where the products will be delivered according to the instructions transmitted on the purchaser's purchase order.
It is up to the purchaser or his representatives to discharge the carrier after ensuring that the shipment is intact and compliant or after making any necessary reservations to the carrier and confirmed by letter recommended within the legal time frame. Only specific reserves can be retained
Under Article L.133-3 of the Code of Commerce, references to "subject to control" or subject to unpacking, or "subject to defective packaging" cannot be taken into account.
To be effective, reservations made to the carrier for products damaged during transport must be concurrent with delivery and be confirmed by recommended letter with acknowledgement, within 3 days of receiving the products.
4.4. Reception / Claims
4.4.1. Without prejudice the provisions to be taken by the purchaser vis-à-vis the carrier, as described in paragraph 4.3. Above, any claims in the event of apparent defects or missing defects must be notified to BETTINA in writing no later than 15 days after the shipping date and must include the number of the delivery voucher, the code number of the products concerned and their lot number, and include all justifications as to the reality of the defects or missings found.
No return will be approved without formal, written and prior agreement on our part, obtained in particular by fax or e-mail.
Any unlicensed return will be immediately returned at the shipper's expense. The costs of delivering returns are covered by BETTINA.
Pending our agreement on the return of the products, they must be kept in conditions adapted to their nature.
4.4.2. When, after checking, an apparent defect or missing defect is actually found by BETTINA or its agent, the buyer will not be able to ask BETTINA. That the replacement of non-compliant items and/or the supplement to be provided to fill the gaps at the expense of the latter, without the latter being entitled to any compensation or the resolution of the order.
4.4.3.The unqualified receipt of products ordered by the buyer covers any apparent and/or missing defects.
4.4.4. BetTINA's responsibility. cannot be charged under any circumstances for acts of transport, destruction, damage, loss or theft, even if it has chosen the carrier.
4.4.5. Suspension of deliveries: In case of non-payment of an invoice due, BETTINA. reserves the right to suspend any current and/or future deliveries.
Article 5 – Prices – Terms of Payment
The prices charged are those in effect on the day of the order, taking into account the pricing conditions applicable on that date. The prices in the catalogue are TTC prices in euro taking into account the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products.
Unless otherwise stipulated, prices are payable at the postal address on the invoice, according to the payment terms set out below in paragraph 5.2.
The rates listed on the site do not take into account the shipping costs, charged in addition according to the choice of the shipping method that the buyer will have made during his ordering.
5.2. Terms and conditions of payment
The price payable in a single instalment in euros.
5.2.1 Online payment, by credit card:
Customer banking information (bank card number and validity date) is encrypted by the SSL system and then processed by our financial partners Stripe and PayPal.
Thus, paying for a purchase with BETTINA carries no risk.
5.2.2 – By bank transfer:
The payment must be made on the payment date of the 30 days of delivery, and the references of the invoices mentioned on the bank line.
5.3. Late penalties
5.3.1. Any unpaid amount at maturity will result in the purchaser paying penalties at twice the legal interest rate. Under Article L. 441-6 of the Code of Commerce, these penalties are due as of right, upon receipt of the notice informing the purchaser that we have carried them at its debit.
5.3.2. In addition, BETTINA reserves the power to refer the matter to the competent court to stop this non-performance, subject to daily penalties per day of delay.
Article 6 – Property Reserve (Article L. 621-122 of the Code of Commerce)
6.1.The transfer of ownership of our products is suspended until the buyer's full payment of the price of these products, as principals and accessories, even in the event of payment deadlines. Any contrary clause, including the terms and conditions of purchase, is deemed unwritten, in accordance with Article L. 621-122 of the code of commerce.
6.2. By express agreement, BETTINA may enforce the rights it holds under this reserve of ownership clause, for any of these claims, on all of its products in the buyer's possession, the latter being conventionally presumed to be those unpaid, BETTINA may take them back or claim them in compensation for all its unpaid invoices, without prejudice to its right to resolve the current sales.
6.3.The buyer will only be able to resell his unpaid products as part of the normal operation of his business, and may not in any way be able or to provide security on his unpaid inventory. In the event of a default, the buyer will not resell his inventory up to the amount of unpaid products.
6.4. BETTINA may also require, in the event of non-payment of an invoice due to maturity, the resolution of the sale after sending a simple notice. Similarly, BETTINA may unilaterally, after sending a formal notice, draw up or have an inventory drawn up of its products in the possession of the buyer, who already undertakes to allow free access to its warehouses, stores or other for this purpose, ensuring that the identification of the company's products is always possible.
6.5.In the event of the opening of a judicial redress procedure or liquidation of the assets, the current orders will be automatically cancelled, and BETTINA reserves the right to claim the products in stock.
6.6.This property reserve clause does not prevent the risks of the products from being transferred to the buyer as soon as they are delivered to the buyer.
6.7.From the time of delivery, the buyer is made up guardian of said products.
In the case of non-payment and unless we prefer to request the full execution of the sale, we reserve the right to terminate the sale after notice and to claim the goods delivered, the return costs remaining at the buyer's expense and the payments made to us as a criminal clause.
Article 7 – Privacy
The information and/or technical and/or commercial documents communicated or exchanged during the sale remain our property. They cannot be communicated to third parties by the buyer without our written permission.
Information and data about you are necessary for the management of your orders and our business relationships. In accordance with the Computer Science and Freedom Act of January 6, 1978 (amended by the law of August 6, 2004 on the protection of individuals with respect to the processing of personal data) , you have the right to access, modify and delete data concerning you (Article.34 of the "Computers and Freedoms" Act).
Automated processing of information, including the management of the site's users' email addresses, was reported to the CNIL under the number 1349762.
Article 8 – Dispute Resolution
Any dispute over sale, even in the case of a guarantee appeal or a plurality of defendants, will be under the exclusive jurisdiction of the Angoulême Commercial Court in which BETTINA's headquarters are located.
Article 9 – Waiver
BetTINA's failure to avail itself at any point of any of the clauses of these clauses cannot be worth waiving the use of those same clauses at a later date.
Article 10 – Applicable law
Any questions relating to these terms and conditions of sale and the sales they govern, which would not be dealt with by these contractual stipulations, will be governed by French law to the exclusion of any other right.
Article 11 – Intellectual Property
All elements of the site Powertex.fr remain the exclusive and intellectual property of betTINA Corporation, no one is allowed to use, exploit, rebroadcast, or reproduce in any way, the elements of the site even partially, unless prior agreement is agreed. Tacitus written.
Article 12 – Responsibility
The BETTINA seller, in the online sales process, is bound only by an obligation of means; it cannot be liable for damage resulting from the use of the Internet such as data loss, intrusion, viruses, service disruption, or other unintentional problems.
Article 13 – Guarantee
As a distributor intermediary, we do not offer any guarantees on the products supplied. We benefit from the legal guarantee provided by Articles 1641 and following of the Civil Code. The purchaser is expressly informed that BETTINA Corporation is not the manufacturer of the products presented in its online store and that it is not liable for defective products.
As a result, in the event of damage to a person or property by default of the product,
Only the liability of the manufacturer of the product can be sought by the consumer, on the basis of the information contained on the packaging of that product.
If a product sold is not compliant, it may be returned to the seller at the buyer's expense, will take it back, exchange it or refund it, at the buyer's convenience.
Article 14 – Archives
BETTINA will archive purchase orders and invoices on reliable and durable support that is a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
BETTINA's computerized records will be considered by the parties as evidence of communications, orders, payments and transactions between the parties.