T&C

Azurtem General Sales Conditions 1.1

  

 Updated on 11/06/2020

  

Preamble

The Seller, or the Company, is defined in this document as the company SARL AZURTEM, headquartered at 15, Rue Maréchal Joffre 06000 NICE.

The Buyer, or the Customer, is defined in this document as being the entity accepting the present General Conditions of Sale.

Store and Online Shop in this document refer to the online sales site of the Company AZURTEM which is accessible from the following address: https://shop.azurtem.com. 

To ensure security during the visit to the Shop, the Purchaser should have certain means: a computer with a correctly installed and updated system and Internet browser, an antivirus exploiting the most recent virus and malware signatures, a firewall, a PDF file reader and of course access to the Internet. The same applies if it is a mobile device: phone, tablet or laptop.

It is the Buyer's responsibility to assume the cost and to ensure the implementation of these means, as well as the possible costs related to the connection to the Seller's site.

The Internet browser used by the Purchaser to connect to the Vendor's Shop must accept cookies and support Javascript code execution. 

The Vendor uses text files, called cookies, to store information about the Customer's use of the Shop, in order to maintain the session, to adapt the Shop and to collect statistics.

These Terms and Conditions of Sale apply exclusively to all orders, invoices, sales, and more generally to all commercial relations concluded by the Company AZURTEM. They constitute, with the particular conditions of the order, the only contractual documents binding the parties. 

All clauses or conditions emanating from the Buyer and not accepted in writing by the Seller, which would or would not be in opposition with the present General Terms and Conditions of Sale will be considered null and void. 

These General Terms and Conditions of Sale apply to all sales in France and worldwide. 

In the event that any of these provisions is deemed or declared null and void or unwritten, the other provisions shall remain in full force and effect; however, this shall not be interpreted in the future as a waiver of the provision in question.

The company AZURTEM reserves the right to modify at any time the present General Conditions of Sale. 

Subject

The purpose of these General Terms and Conditions of Sale is to inform any potential Buyer of the terms and conditions under which the Seller proceeds with the sale and delivery of the products ordered, as well as to define the rights and obligations of the parties in the context of the sale of products by the Seller to the Buyer. 

They apply, without restriction or reserves, to all sales, by the company AZURTEM, of the products offered in its Online Shop.

Items in the Shop

Items available in the Shop are valid while stocks last. For the products not stocked by AZURTEM, the items offered by AZURTEM are valid subject to availability from its suppliers. AZURTEM reserves the right to modify the range of products according in particular to the constraints related to its suppliers.

The photos and specifications e.g. weight, dimension or capacity indications and any other detail appearing on the Shop are only intended to offer a general description of the products and cannot be assimilated to a contractual commitment on the part of the Seller. If a supplier of AZURTEM were to modify an article, its graphic and descriptive representation could not engage the Salesman nor affect the validity of the sale.

AZURTEM reserves the possibility to stop the marketing of any product offered to the Purchaser appearing in the Shop and/or to modify at any time the characteristics of these products, and this without any notice and without being able to give right to the payment of any damages.

Orders

Any offer for sale is subject to available stocks. 

Any order placed with the Seller is firm and final for the Buyer upon receipt by the Seller of an order form or any other media indicating an order.

The Buyer declares prior to his order that he has full legal capacity to commit himself under these General Terms and Conditions of Sale.

In order to validate his order, the Buyer must display the basket containing the selected items and click on the button "PROCEED TO PAY". 

The customer must first read, if he has not already done so, these General Terms and Conditions of Sale and confirm his acceptance of them by ticking the box before the words: "I accept without reservation the General Terms and Conditions of Sale".  

This sentence also contains a hypertext link assigned to the words "General Terms and Conditions of Sale" allowing the Purchaser to display these General Terms and Conditions of Sale on the screen.

From the moment that the Purchaser has registered his order by clicking on the button "PROCEED TO PAY", he is considered to have accepted knowingly and without reservation the present General Conditions of Sale, the prices, volumes and quantities of the products offered for sale and ordered.

The simple fact for any person, individual or legal entity, to order a product offered for sale on the AZURTEM company's online store implies the full and entire acceptance of these General Terms and Conditions of Sale of which the Purchaser acknowledges having read prior to his order.

The Seller reserves the right to refuse any order for an amount less than 50 € ex VAT.

The Buyer, having taken note of the characteristics of the products on sale in the Shop, is responsible for choosing the products that are the subject of his/her order, according to the needs as determined by him/her. In addition, the Purchaser, knowing only the other hardware and software, is the sole judge of the compatibility of the products ordered with those used. 

It is up to the Buyer to be personally assisted by a person of his choice and at his own expense if he does not feel sufficiently competent. 

If the Customer wishes to export an item ordered from AZURTEM, from the French territory, to a country outside the EC and outside the countries listed without export restrictions, he will have to make sure beforehand that the item is not subject to export license or other authorization, in which case he will be in charge of obtaining the necessary authorizations from the competent authorities. 

As Seller, AZURTEM's responsibility could never be committed for the nonconformity of a product. The Purchaser expressly acknowledges, without any possible dispute, the total exoneration of responsibility of the Seller even in the event of forced intervention and appeal in guarantee. He undertakes to take out all the necessary insurance policies to ensure that he is fully covered. 

The prices listed in the Seller's Shop do not constitute an offer; they are only indicative and may be changed at any time and without notice by AZURTEM.

The price binding the customer is always the price in force at the time of placing the order.

AZURTEM keeps the full and entire property of the sold products until the integral collection of the price, in principal, expenses and taxes included.

In case of unavailability of an ordered item, AZURTEM will inform the Purchaser as soon as possible.

In accordance with the provisions of article L121.20.3 of the Consumer Code, AZURTEM will be able in this case to provide a product of equivalent quality and price. The shipping costs will then be the responsibility of AZURTEM.

If AZURTEM does not make use of this option, the Purchaser will be refunded without delay and at the latest within thirty days of the payment of the sums paid.

Invoice

In order to support the efforts of dematerialization and in accordance with Article 289 V of the General Tax Code, the seller provides the purchase invoice only in electronic format (PDF). 

This is normally transmitted automatically with the email notifications of order processing. 

It is however recommended to the customer to retrieve it from his secure account area of the store. Indeed this one can, in case of detection of error(s), be updated. It is thus up to the customer to check that it is the correct version that is in his possession.   

The seller can also upon written request of the customer transmit electronically a copy of it.

Delivery

The available means of delivery are proposed when the Buyer proceeds to the payment phase.

The availability of the products as well as the delivery times are given only as an indication and subject to the Seller's supply possibilities; exceeding them does not give rise to cancellation of the order or to damages. 

For logistical reasons, the Seller may make partial deliveries; any partial delivery accepted by the Buyer shall be invoiced upon receipt by the latter. 

In all cases, timely delivery can only take place if the Buyer is up to date with its obligations to the Seller. 

The cost of delivery is given as an indication and is based on the price matrix provided by the transport company which will handle the delivery of your order. 

The Seller reserves the right however to adjust this cost, even after the confirmation and payment of the order if it detects a calculation anomaly related to the cost or weight of your order.

The cost of delivery is calculated according to the following criteria: weight, number of packages, volume of the package, customer profile (business or individual), ease of access to the destination location, as well as the accuracy of the destination address. 

In fact the delivery company reserves the right to modify the method of calculating the cost of delivery according to the volumetric profile of the parcel: either according to its actual weight or according to the volumetric weight.

For your understanding, this is how the volumetric weight is calculated by the delivery company: The volumetric weight is calculated by multiplying the 3 dimensions in centimeters of your package, and dividing the result by 5000 (L x W x H) / 5000.

Our delivery partner may, after forwarding your order, determine that the delivery has incurred additional costs according to the criteria listed in the previous paragraph; therfore these will be invoiced to you after delivery.

If the customer does not accept the delivery and the merchandise is returned to the Seller, the customer will have to cover the shipping costs in order to have the same merchandise redirected to him. 

All goods transport operations are at the expense and risk of the Buyer, who is responsible for checking the goods on arrival and exercising, if necessary, his recourse against the carrier, even in the case of carriage paid shipment, and not involving a transfer of ownership. 

In the event of loss, substitution or damage, related to transport, the Buyer must inform the carrier within the legal time limit of seven days, by registered letter with acknowledgement of receipt or by extrajudicial act, pursuant to Article L 133-3 of the French Commercial Code.

A copy of the letter addressed to the carrier must be sent to the Seller, as well as the reservations mentioned on the carrier's delivery note. 

Warranty

Unless otherwise specified, AZURTEM guarantees all products sold on its online site for a period of one year. Beyond this period, the Purchaser must contact the manufacturer of the material for any request to take into account the guarantee.

The goods sold in the Shop are guaranteed against any operating defect resulting from a defect in material, manufacturing or design, for a period of one year from the date of invoice, subject to the proper use of the product by the customer. The warranty is thus excluded if the defect results from a modification of the product, negligence or a defect in maintenance of the product by the customer. 

No return will be accepted without prior authorization of AZURTEM; in particular without a number of return of goods (RMA).

Any product incomplete, damaged, damaged and / or whose original packaging has been damaged will not be returned or exchanged under warranty.

All costs and risks related to the return of the product are the responsibility of the Buyer.

The product under warranty will be, at the choice of the manufacturer, exchanged or repaired.

AZURTEM guarantees the Purchaser, with respect to hidden defects that may affect the delivered products, only in the context of a replacement of the defective products, or parts making them unfit for their use, without being able to be considered by the Purchaser as responsible for the possible damaging consequences that these hidden defects could have caused.

In any event, the guarantees do not cover the replacement of consumables, the abnormal and nonconforming use of the products, the damage being the subject of a specific mention in the article sheets, the defects and their consequences due to the intervention of the Purchaser or a repairer not approved by AZURTEM, the defects and their consequences related to the use not in conformity with the use for which the product is intended, or even the products being the subject of a specific assistance and maintenance contract.

Rules

The available means of payment are displayed at the end of the ordering process.

In order to finalize his order, the buyer must display the shopping cart containing the selected items and click on the "PROCEED TO PAY" button. 

The payment of the totality of the price must be made when the Buyer places the order. At no time can the sums paid be considered as a deposit or advance payment. 

The Buyer guarantees to the Seller that he has the authorizations possibly necessary to use the method of payment that he will have chosen, during the validation of his order.

The Seller reserves the right to communicate electronically and in PDF format its invoices to the Buyer. The latter agrees to receive them by this means of transmission.

The Buyer may never, on the grounds of a complaint made by him, withhold all or part of the sums due by him, nor operate a compensation. No claim on the quality of the deliveries shall suspend them if proof of the defectiveness of the goods has not been provided and duly noted and acknowledged by the Seller before the due date. In case of dispute, on an invoice, the complaint must be made in writing by registered mail with acknowledgement of receipt, addressed to AZURTEM, within seven days from receipt of the products.

In case of collection proceedings, the Purchaser will have to pay, in addition to the principal amount, as a penalty clause, a lump sum of 15% of the sums due, without prejudice to the conventional interests, as well as all the costs and fees of collection.

The Decree of October 2, 2012 sets at 40 euros the lump-sum indemnity for collection costs that any professional customer in a situation of late payment will have to pay by right to its creditor as of January 1, 2013. This indemnity is in addition to the late payment interest also due by right. If the creditor can demonstrate (objective proof) that the amount of the collection costs exceeds 40 euros, he may obtain additional compensation. 

The Seller reserves the right to request a photocopy of the Buyer's identity document for any payment by credit card.

As part of the fight against Internet fraud, information relating to the order may be transmitted to any third party for verification. 

The Seller reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the Buyer, or in the event of a payment incident. Consequently, any payment facility, if one has been granted to the Buyer, will be automatically cancelled.

Claims

Upon receipt of the goods, the Buyer must immediately check their condition and conformity with the order.

The Buyer must make his complaint in writing and in the form of a registered letter within seven days from the date of receipt of the goods.

This letter must clearly indicate the Buyer's contact details, the references of the products purchased and the reasons for the complaint.

AZURTEM will not grant any refund or replacement in the event of return of goods without the Purchaser first obtaining a Return Merchandise Authorization (RMA) number. 

In the case of an authorized return, the RMA number must be clearly marked on the outside surface of the package containing the returned goods.

All returned items must be insured in their original packaging and include all: products, accessories, instructions and/or manuals. 

The original packaging must also be protected to avoid damage during shipment.

The costs of return and packaging are always the responsibility of the Buyer.

Any refusal of receipt of the goods by the Buyer must be motivated and notified in writing to the Seller within seven days, by registered letter, from the date of the attempted delivery of the goods. 

Failure to comply with the foregoing provision shall result in the Buyer paying the Seller an indemnity of twenty percent of the value of the rejected items.

Failure to comply with the procedure set forth above and the time limits indicated shall not entitle the Buyer to make any claim for non-conformity or apparent defect of the products delivered, the products then being deemed to be in conformity and free of any apparent defect.

Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a withdrawal period of 14 calendar days from receipt of the items ordered, without having to justify his decision or bear any other costs except for the return costs, which remain at his expense.

To exercise his right of retraction, the Customer will have to inform AZURTEM, preferably in writing (by letter or e-mail), of his decision to retract by sending any unambiguous statement expressing his will to retract, before the expiration of the aforementioned 14 days deadline.

In the case of an order relating to several articles delivered separately, the time limit runs from receipt of the last article.

In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the customer.

Any return of article will have to be carried out in its state of origin and complete (packing, accessories, note...) allowing the re-marketing in a new state.

In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the customer may be engaged.

Any product that is incomplete, damaged or whose original packaging has been damaged will not be refunded or exchanged.

Article L. 121-16-1, III of the Consumer Code states that: "Sub-sections 2, 3, 6 and 7, applicable to relations between consumers and professionals, are extended to contracts concluded off-site between two professionals when the subject of these contracts does not fall within the scope of the principal activity of the professional solicited and when the number of employees employed by the latter is less than or equal to five". 

AZURTEM will not grant any refund or replacement in the event of return of goods without the Purchaser first obtaining a Return Merchandise Authorization number (RMA). This number must be clearly visible on the outside of the package containing the returned goods.

The original packaging must also be protected to avoid damage during shipment.

All so-called "custom-made" items designed specifically for the customer, or any non-catalogue item that has been the subject of a special order at the request of the Buyer, will not be taken back or exchanged, unless they have apparent defects or do not conform to the products ordered. Upon receipt of the order, the customer loses his right of retraction (in accordance with article L.121.20.12 of the Consumer Code) which applies to all products with a strong personalization character intended for the customer and therefore cannot be reused by his supplier in case of return.

Jurisdiction clause

All disputes relating to the formation, conclusion, interpretation or execution of the contract between the parties shall, in the absence of an amicable settlement, be subject to French law and exclusively to the jurisdiction of the Commercial Court of Nice, in the jurisdiction of which the Seller's registered office is located, whatever the contractual conditions and the method of payment accepted, even in the event of summary proceedings, appeal in guarantee or plurality of the defendant.

Processing of personal data

All the personal data communicated to AZURTEM by the Purchaser are exclusively intended for AZURTEM. They are used by AZURTEM with the aim of exerting and carrying out its activity of Salesman to the best of its ability. 

The declaration to the CNIL of AZURTEM was registered under the number 2122901.

In accordance with the law n° 78-17 of January 6, 1978, any person has a right of access, modification, correction and suppression of the data which concern him by sending us by mail his request: AZURTEM, 15 rue du Maréchal Joffre 06000 NICE.