Terms and Conditions of Sale
ARTICLE 1. Purpose, Scope and Enforceability of the Terms and Conditions of Sale ProtoElectronique.com
These Terms and Conditions of Sale “ProtoElectronique.com” (hereinafter the “T&CS ProtoElectronique.com”) define the conditions under which the Company ProtoElectronique sells to customers, acting mainly as professional, products and services available on its website www.ProtoElectronique.com. “www.ProtoElectronique.com” is the website dedicated to ProtoElectronique customers. ProtoElectronique, headquarted at 67560 ROSHEIM 14 rue de l’industrie, is registered in the Register of Commerce and Companies office of Saverne (France), Registered No. 817 630 049 000 10, VAT Registration No. FR40817630049.
“T&CS ProtoElectronique.com” are brought to the attention of customers permanently on all pages of the site by following the link “Terms & Conditions of Sale” at the bottom of each page.
ProtoElectronique also communicates its “T&CS ProtoElectronique.com” to anyone who requests it.
Therefore, any order placed on “www.ProtoElectronique.com” leads to acceptance of “T&CS ProtoElectronique.com” by the customer.
“T&CS ProtoElectronique.com” are subject to change without prior information to customer. For this reason, ProtoElectronique invites customers to view the Conditions of Sales before placing any new order. Applicable version of “T&CS ProtoElectronique.com” to a new order is the day of placing the order or quotation submitted by the client.
Any exemption of these Terms shall be opposable against ProtoElectronique if it was duly accepted and formalized in writing and signed by ProtoElectronique.
ARTICLE 2. Order
Each order placed on the website www.ProtoElectronique.com is a contract concluded between the customer and the company ProtoElectronique, and necessarily implies the irrevocable acceptance by the customer, without limitation, of the Terms & Conditions of Sale ProtoElectronique.com.
The customer will have to chose a delivery adress and a payment method online.
An order is considered being valid once the customer has received a confirmation email from ProtoElectronique.
ProtoElectronique makes no warranty as to the consequences of any mistakes concerning the information given by the customer on www.ProtoElectronique.com.br>
ARTICLE 3. Prices
The prices displayed on www.ProtoElectronique.com are given in Euros.
ProtoElectronique sells primarily to professional customers. Therefore prices are shown excluding VAT, except any special mention (including VAT).
ProtoElectronique reserves the right to change prices without prior notice at any time. The price applicable to the customer is the one shown at the time of ordering.
The customer can benefit from specific commercial discount related to its activity or its volume of orders.
The price is net and includes the cost of transportation.
ARTICLE 4. Billing and Payment
Payments are made by bank transfer, credit card or check.
If the customer benefits from specific payment conditions, the payment conditions may be negociated with ProtoElectronique.com, but must remain in compliance with French law.
The customer guarantees ProtoElectronique that he has at his disposal all necessary permissions to use the payment method he chose when he placed the order.
The order will be considered as valid once te officially accredited organisms have confirmed the payment agreement.If they refuse, the order will be automatically canceled.
The payment of an invoice is considered effective and complete after ProtoElectronique collected the total amount billed to the customer.
The advance payment is not subject to any discount or other benefit.
Failure to make a payment to the normal term cancels discounts and other benefits that have been granted to the customer. In case of non-payment at the due date, ProtoElectronique applies the customer a late penalty equal to 3% of the statutory rate of interest and without any notice of default being required. The non-payment of an invoice at the due date also makes immediately due all amounts owed by the customer. ProtoElectronique can make a compensation with the sums owed by the customer, even if the conditions for legal compensation are not met. In addition to the damages which it may claim, ProtoElectronique reserves the right to suspend delivery until full payment of the amounts due.
ARTICLE 5. Product availability
Our product offers apply as long as they are visible on our website. The indications about product availability are provided at the moment when the customers places the order. If an item becomes unavailable after ordering,rotoElectronique will inform the customer by email. The order will then be delayed accordingly to the new availabilty of the item.
ARTICLE 6. Order reception
The customer will receive by email an acknowledgement of receipt the day after he placed his order.
The customer will then get informed by email when the finished products will be given to the carrier for delivery.
The delivery time will correspond to the delivery time the customer chose when he placed his order.
It is the responsibility of the customer to control products delivered upon receipt. Except in the case of defective products referred to in Article 9, the goods are deemed accepted by the customer and comply with the order, unless the customer has issued written observation to the carrier under the conditions provided by law:
– Observation(s) mentioned on the delivery note.
– Confirmation of such observations by registered letter with acknowledgment of receipt to the carrier within 3 days of goods receiption.
Having failed to comply with these formalities, the goods will be certified compliant and free of any visible defect and no claim will be validly accepted by ProtoElectronique.
Except for special cases or unavailability of one or more products, the products ordered will be delivered at once.
Deliveries are handled by an independent carrier.
ARTICLE 7. Right of retraction and return of custom-made products
The customer has no right of retraction as products are custom-made. No product return will be accepted.
ARTICLE 8. Delivery conditions
The delivery date is contractual. The price is indexed to the delivery time. ProtoElectronique makes every effort to deliver the products ordered within the specified time period.
However, in case of delay in delivery, several cases may appear :
– Late delivery because of the customer : wrong delivery address, consignee’s premises closed refusal to accept the goods. The price remains unchanged.
– Late delivery because of the carrier : date of departure of goods 48 hours before due date, but shipment problem. The price remains unchanged.
– Late delivery because of a production problem. Date of departure of goods not respected. ProtoElectronique checks the number of days of delay and adjusts the invoice price depending on the time required. In any case the price may not be less than the best price displayed (20 working days).
Delivery of goods to the customer or its representatives transfer the risk to the customer or its representatives.
This clause applies to all products delivered.
ARTICLE 9. Products and services
The products are manufactured at the request of customer specifications.
ProtoElectronique makes no warranty as to the suitability of the products to the specific needs of the customer or its customers and objectives or use that have assigned the customer or its customers.
ProtoElectronique excludes any legal guarantee on products sold and subject to the usual business of its customers. Consequently, such customers or its customers may not take any action against ProtoElectronique. The so-called customers therefore undertake to ensure ProtoElectronique against any action from their own customers and hold it harmless against any conviction.
ProtoElectronique is not responsible for damages which come from Internet use, such as data loss, intrusion, virus, service break or any other unvoluntary problems.
The images and illustrations on www.ProtoElectronique.com have no contractual value.
Concerning products purchased through the “www.ProtoElectronique.com” website and revealing a hidden defect, ProtoElectronique will propose – at his discretion – either a credit equal to the amount paid by the customer for the product considered defective or replacement of products. To qualify for this credit or refund, the customer must first return the product. The financial liability of ProtoElectronique shall not exceed the price paid by the customer fot the product considered defective and may not be held beyond this amount under any direct or indirect damage, that the defect considered could cause.
ProtoElectronique reserves the right to charge fees for processing the return of any product (including transportation – Reception – review of the product) for which the defect is not known or is attributable to the customer, including abnormal use of the product.
ARTICLE 10. Data protection
By application of the Law 78-17 dated 6 January 1978, the parties are reminded that the nominative data requested from the customer is required for processing his order and for drawing up invoices, in particular. The processing of the information communicated via www.ProtoElectronique.com has been subject of a declaration at CNIL. The customer, in accordance with the national and European regulations in force, has a permanent right of access, modification, correction and opposition of the information about him.
ARTICLE 11. Intellectual property
The content of the site is the property of ProtoElectronique and is protected by French and international laws concerning intellectual property. Any reproduction, in full or in part of this content, is strictly prohibited and liable to constitute an infringement of copyright and/or an act of counterfeiting.
ARTICLE 12. Force Majeure
A force majeure event is any event beyond the reasonable control of ProtoElectronique (including strikes, traffic congestion, the downtime of any external line, or ProtoElectronique’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If ProtoElectronique is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, thenrotoElectronique shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, ProtoElectronique may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
ARTICLE 13. Responsibility
The financial liability of ProtoElectronique under an order considered is limited to the amount/value of the order placed by the customer. When the responsibility for ProtoElectronique is unrelated to an identified order, the financial liability of ProtoElectronique shall not exceed the amount actually collected by ProtoElectronique over the twelve (12) months from contract sale with this customer.
ARTICLE 14. Settlement of disputes
Settlement of disputes with customers not having the status of trader: The rules of common law apply to customers who do not have the status of trader. Settlement of disputes with customers with trader status: with the exception of the dispositions relating to the delivery, any challenge to a customer with trader status, can not be higher than within one year after the occurrence of the event challenged. IN THE EVENT OF A DISPUTE IS ATTRIBUTED TO THE EXCLUSIVE JURISDICTION OF THE COURT OF COMMERCE OF SAVERNE (FRANCE) NOTWITHSTANDING PLURALITIES DEFENDANTS, GUARANTEE, EMERGENCY PROCEDURE AND / OR REQUEST.