General terms and conditions of sale

The present general terms and conditions of sale are communicated to any purchaser who requests them in order to enable him to place an order with the supplier.

1. General clause : Any product order implies the buyer’s unreserved acceptance and full and complete adherence to these general conditions of sale which prevail over any other document of the buyer. Any other document, in particular catalogs, prospectuses, advertisements, notices, has only an indicative and noncontractual value. Consequently, the placing of an order by a client implies the latter’s adherence to these general terms and conditions of sale, unless special conditions have been agreed in writing by the supplier.

2. Orders : All orders must be placed in writing. The sale is only complete once the supplier has expressly accepted the order in writing. The supplier reserves the right to accept or refuse an order. There is no minimum order, except for products for which the manufacturer imposes a packaging or minimum quantity at the time of purchase. A participation in the expenses of treatment of order of 80 € HT will be invoiced for any order whose value does not reach 450 € HT. Orders transmitted to the supplier are irrevocable for the customer, unless the supplier’s written acceptance.
   

3. Prices : The prices are fixed by the offer addressed to the customer. The price offer is valid for one month. When the offer foresees that prices are indexed to a monetary parity, they will be revised for any variation of this parity of +/- 2.5% on the day of invoicing (within the limit of 80% of the price). Prices are always exclusive of taxes, products available in stores. Unless otherwise stated, the prices of the products do not include shipping or insurance costs, which remain the responsibility of the customer. All taxes, duties or other benefits to be paid in application of French regulations or those of an importing country or a transit country, will be charged to the customer. Prices do not cover installation or assembly costs. The prices of the services do not cover travel, accommodation and meal expenses.

4. Payment conditions : Unless otherwise agreed, the price is payable in cash on delivery. Nevertheless, for any order of an amount less than 450 € HT, the supplier reserves the right to ask for payment at the time of order. For any order of an amount greater than 1.000 € HT, the supplier reserves the right to ask for the payment of a deposit of 50% at the time of the order. The deposit paid is to be used on the price of the order and its abandonment does not authorize the customer to be released from the contract. Cancellation of the order by the customer shall not give rise to reimbursement of the deposit. The balance of the price is payable in cash on delivery. No discount will be granted in case of early payment. Only the effective cashing of drafts or bills of exchange will be considered as valid payment. Under no circumstances may payments be suspended or be subject to any compensation whatsoever without the prior written consent of the supplier. In the event of late payment, the customer shall owe a fixed compensation of €40 for collection costs, ipso jure and without prior notification. The supplier may claim additional compensation if the collection costs actually incurred exceed this amount. Any amount not paid on the due date will also give rise to the payment of penalties set at three times the legal interest rate. These penalties shall be due automatically and shall automatically be debited from the customer’s account. The supplier also reserves the right to suspend or cancel the delivery of orders in progress. The customer will have to reimburse all costs incurred by the contentious recovery of the sums due. In the event of payment by installments, the non-payment of a single installment will result in the immediate payment of the totality of the debt, without formal notice.

5. Default of payment – Resolutive clause : In the event of non-payment, after sending a formal notice that has remained unsuccessful, the sale shall be terminated by operation of law if the supplier so desires, who may request in summary proceedings the return of the products, without prejudice to any other damages. The cancellation shall apply not only to the order in question but also to all previous unpaid orders, whether delivered or in the process of being delivered, and whether or not their payment has fallen due. The return costs shall remain the responsibility of the customer and the payments made shall be acquired by the supplier as a penalty clause.

6. Delivery, costs and risks : Delivery is made either by direct delivery of the product to the customer, or by simple notice of availability, or by delivery to a shipper or carrier. Delivery times are given as an indication of good faith. They are agreed after acceptance of the order by the supplier. Deliveries are made according to availability and in the order of arrival of orders. The supplier is authorized to make global or partial deliveries. Unless expressly stipulated otherwise, a delay in delivery can in no case justify an order cancellation or any compensation whatsoever. The supplier shall not be held liable for any loss resulting from a delay in delivery. Delivery is made at the customer’s risk. Unless otherwise agreed, it is up to the customer to insure the costs and risks of transport. In the event of deterioration or missing items, it shall be incumbent on the customer to make all necessary reservations with the carrier. Any product that has not been the subject of reservations by registered letter within three (3) days of its receipt from the carrier in accordance with Article L133-3 of the French Commercial Code, a copy of which shall be sent simultaneously to the supplier, shall be deemed to have been accepted by the customer.

7. Reception – Returns  : Any shortage, defect or non-compliance with the order must be reported in writing within seven (7) days of receipt of the products. After this period, the products will be considered as accepted without reserve by the customer. No return of goods may be made by the customer without the express prior written consent of the supplier. The products must imperatively be returned in their original packaging with the accessories, the documentation delivered and the licenses. It shall be up to the customer to provide any justification as to the reality of the defects or anomalies observed. The return costs shall only be borne by the supplier if a defect is actually found by him or his representative. In the event of a defect, the customer may only request the replacement of the non-compliant items, without being able to claim any compensation or resolution of the order.

8. Guarantee : Unless a special warranty is mentioned, the products sold are guaranteed for one year from the date of delivery. By exception, products designed by the supplier are guaranteed for two years, parts and labor by return to the workshop. The warranty does not apply to spare parts, routine supplies or consumables. The warranty applies on condition that the equipment sold is kept in accordance with the manufacturer’s recommendations and used in accordance with its destination and the manufacturer’s recommendations. Defects and deterioration of the products resulting from abnormal conditions of storage and/or conservation at the customer’s premises, particularly in the event of an accident of any kind whatsoever, shall not entitle the customer to a warranty. As our customers are professionals, the hidden defect is a defect in the product making it unfit for its use and not likely to be detected by the buyer before its use. Our customers are deemed to have received all technical information relating to our products, the supplier does not guarantee in any case the suitability or the aptitude of the materials to serve or meet the needs of the customer or the specific use to which the latter intends to put them. Damages resulting from special adaptation or assembly of the equipment are not covered, unless this was carried out under the supplier’s control.  Under the warranty for hidden defects, the supplier shall only be liable for the replacement or repair of defective parts, without the customer being able to claim damages for any reason whatsoever.

9. Retention of title : The transfer of ownership of the products is suspended until full payment of the price by the customer, in principal and accessories, even if payment deadlines are granted. Any clause to the contrary, notably inserted in the general conditions of purchase, is deemed unwritten, in accordance with article L624-16 of the French Commercial Code. By express agreement, the supplier may enforce the rights it holds under this retention of title clause, for any of its receivables, on all of its products in the customer’s possession, the latter being conventionally presumed to be the unpaid products, and the supplier may take them back or claim them as compensation for all of its unpaid invoices, without prejudice to its right to cancel sales in progress. In the event of the opening of bankruptcy proceedings or the liquidation of goods, current orders will be automatically cancelled and the supplier reserves the right to claim back the products delivered. The present clause does not prevent the risks of the goods from being transferred to the purchaser upon delivery, the purchaser being constituted depositary and custodian.

10. Imports – Exports – Final destination control: For products and equipment likely to be subject to special import or export regulations or final destination control, the customer undertakes to inform the supplier of the final destination of the equipment sold, to obtain licenses, permits or authorizations from the competent authorities and to comply with the regulations or directives in force, so that the supplier’s liability can under no circumstances be sought.

11. Jurisdiction and applicable law : Any dispute concerning the application, interpretation, execution of these general conditions of sale and the contracts they govern, will be brought before the Commercial Court of EVRY (91) to which the parties attribute exclusive jurisdiction, regardless of the place of order, delivery and payment, and even in case of appeal in guarantee or plurality of defendants. Any question relating to these general conditions of sale as well as to the sales they govern, which would not be treated by the present contractual stipulations, will be regulated by the French law, to the exclusion of any other right.

12. Processing of personal data  : The supplier is required to collect and process the customer’s personal data, in accordance with the provisions of Law No. 78-17 of 6 January 1978 as amended relating to Information Technology, files and freedoms and European Regulation No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data (“RGPD”), the purpose of which is the execution and monitoring of the sales contract. The data controller is the company PKTRONICS, SARL registered with the RCS of Evry under the number 798 815 965, whose registered office is located at 43 Rue Du Bois Chaland, 91090 Lisses, represented by Mr. Patrice KAUFFMANN, as manager. The processing of the customer’s personal data has as a legal basis the execution of the sales contract that binds it to the supplier. The personal data are kept for the period of limitation of the action relating to the sale, after which they may be archived, in accordance with the applicable legal and regulatory provisions. The personal data are mainly intended for the authorized personnel of the SARL PKTRONICS and may possibly be transmitted to service providers whose intervention would be necessary for the delivery of the purchased products. The customer has the possibility, by writing to the following e-mail address contact@pktronicsgroup.com of :

• To exercise the right of access, in order to know the personal data concerning him/her and the information referred to in article 15 of the RGPD ;
• Request that personal data concerning him/her, which are inaccurate or incomplete, be rectified;
• Request that personal data concerning him/her be deleted in accordance with Article 17 of the RGPD ;
• Request the limitation of the personal data concerning him/her under the conditions provided for in Article 18 of the GDPMR;
• Receive personal data concerning him/her in a structured, commonly used and machine-readable format, transmit them to another data controller, or have them transmitted directly to him/her if technically possible;
• File a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).
• No transfer outside the European Union of the customer’s personal data is planned. »