Azurtem Terms and Conditions 1.2
Updated on 01/11/2021
The Seller, or the Company, is defined in this document as the company SARL AZURTEM, with its registered office at 15, Rue Maréchal Joffre 06000 NICE, FRANCE.
The Buyer, or the Customer, is defined in this document as the entity accepting the present General Terms of Sale.
Shop 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.
In order to guarantee security when visiting the Shop, the Buyer should have certain means: a computer with a correctly installed and updated system and Internet browser, an anti-virus software exploiting the most recent virus and malware signatures, a firewall, a PDF file reader and of course an access to the Internet. The same applies if the device is a mobile phone, tablet or laptop.
It is the responsibility of the Buyer to assume the cost and to ensure the installation of these means, as well as the possible costs related to the connection to the Seller's site.
The Seller uses text files, called cookies, to store information about the Customer's use of the Shop, to maintain the session, to customize the Shop and to collect statistics.
The present Terms and Conditions 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.
Any clauses or conditions emanating from the Buyer not accepted in writing by the Seller which would be, or not, in opposition with the present Terms and Conditions will be considered as null and void.
These Terms and Conditions apply to all sales in France and throughout the world.
In the case where one or the other of the present provisions would be considered, or declared null or unwritten, the others will remain entirely in force; for as much it would not know how to be interpreted for the future as a renunciation of the provision in question.
AZURTEM reserves the right to modify at any time the present Terms and Conditions.
The purpose of the present Terms and Conditions is to inform any possible Buyer on the conditions and the modalities in which the Seller proceeds to the sale and the delivery of the ordered products as well as to define the rights and obligations of the parties within the framework of the sale of products by the Seller to the Buyer.
They apply, without restriction or reserve, to all sales, by the AZURTEM, of products offered in its online shop.
Products in the Shop
The articles available in the Shop are valid within the limit of available stocks. For the products not stocked by AZURTEM, the articles proposed by AZURTEM are valid subject to availability at its suppliers. AZURTEM reserves the right to modify the assortment of products according to the constraints linked to its suppliers.
The photos and specifications e.g. indications of weight, dimension or capacity and any other detail appearing on the Shop have for only object to offer a general description of the products and could not be assimilated to a contractual engagement of the Seller. If a supplier of AZURTEM had to modify an article, its graphic and descriptive representation would not engage the Seller nor affect the validity of the sale.
AZURTEM reserves the right to stop the marketing of any product proposed to the Buyer appearing in the Shop and/or to modify at any time the characteristics of these products, and this without any notice and without having to provide the payment of any damages.
Any offer to sell is subject to available stocks.
Any order placed with the Seller is firm and definitive for the Buyer as soon as the Seller receives an order form or any other medium indicating an order.
The Buyer declares prior to placing an order that he/she has full legal capacity to commit himself/herself under these General Terms of Sale.
In order to validate his/her order, the Buyer must display the shopping cart basket containing the selected items and click on the "Proceed to payment" button.
Before doing so, the customer must first read the present Terms and Conditions and confirm his acceptance of them by ticking the box before the words: "I accept the Terms and Conditions without reservation".
This sentence also contains a hyperlink assigned to the words "Terms and Conditions" allowing the Buyer to display the present Terms and Conditions on his/her screen.
Once the Buyer has registered his/her order by clicking on the "Proceed to Payment" button, he/she is considered to have accepted with full knowledge and without reservation the present Terms and Conditions, the prices, volumes and quantities of the products offered for sale and ordered.
The simple fact for any person, physical or moral, to order a product proposed for sale on the online shop of the company AZURTEM implies the full acceptance of these Terms and Conditions of which the Buyer recognizes to have taken knowledge before confirming his order.
The Seller reserves the right to refuse any order of an amount lower than 50 € before tax; without having to motivate its decision.
The Buyer, having taken note of the characteristics of the products on sale in the Shop, has under his responsibility, and according to his needs as determined by him, made his choice of the products which are the subject of his order. Furthermore, the Buyer, 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/her choice and at his expense if he/she does not feel sufficiently competent.
If the Customer wishes to export an article 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 article is not subject to an export license or any other authorization, in which case he will be responsible for obtaining the necessary authorizations from the competent authorities.
As a Seller, AZURTEM can never be held responsible for the non-conformity of a product. The Buyer recognizes expressly and without possible dispute the total exoneration of responsibility of the Seller even in case of forced intervention and call in guarantee. The Buyer undertakes to take out all the necessary insurance to ensure full coverage.
The prices indicated in the Seller's Shop do not constitute an offer; they are only given as an indication and can be modified at any time and without warning 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 complete property of the sold products until the full payment of the price, in principal, expenses and taxes included.
In case of unavailability of an ordered article, AZURTEM will inform the Buyer as soon as possible.
In accordance with the provisions of the article L121.20.3 of the Code of the Consumption, AZURTEM will offer to provide an alternative product of comparable quality and price. The shipping costs will then be at the charge of AZURTEM.
If AZURTEM does not make use of this option, the Buyer will be refunded without delay and at the latest within thirty days of the payment of the sums he had initially paid.
In order to accompany the efforts of dematerialization and in agreement with the article 289V of the General Tax Code, the seller provides the purchase invoice only in an electronic format (PDF).
This is normally transmitted automatically with the order processing notification emails.
However, it is recommended that the customer retrieve it from his or her secure account space in the shop. In case of detection of error(s) the invoice would be subsequently updated. It is therefore up to the customer to check that it is the correct version in his possession.
The seller may also, upon written request from the customer, transmit a copy of the latter electronically.
The means of delivery available are proposed when the Buyer proceeds to payment.
The availability of the products as well as the delivery times are given only as an indication and subject to the possibilities of supply of the Seller; unforeseen delays do not give place either to the cancellation of the order or to damages and interests.
The Seller may, for logistical reasons, make partial deliveries; any partial delivery accepted by the Buyer shall be invoiced upon receipt by the latter.
In any case, delivery within the time limit can only be made if the Buyer is up to date with its obligations towards the Seller.
The cost of delivery is given as an indication and is based on quote provided by the transport company, our partner, which will ensure the delivery of your order. The Seller reserves the right to adjust this cost, following 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: the weight, the number of parcels, the volume of the parcel(s), the customer's profile (professional or private), the ease of access to the destination, as well as the precision of the destination address.
Furthermore, 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 the actual weight, or according to the so-called volumetric weight.
As an indication, here is how the volumetric weight is calculated as announced by the transport company: The volumetric weight is calculated by multiplying the 3 dimensions in centimeters of your parcel, and by dividing the result by 5000 (L x W x H) / 5000.
Our delivery partner may, after routing your order, determine that the delivery has incurred additional costs based on the criteria listed in the previous paragraph; these will be passed on to you following the delivery.
If the customer does not receive the delivery and the goods are returned to the Seller, the customer will have to cover the shipping costs in order to have the goods, once again, 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 rights of recourse against the carrier, even in the case of carriage paid shipments, which do not entail a transfer of ownership.
In the event of loss, substitution or damage linked 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 sent to the carrier must be sent to the Seller, as well as the reservations mentioned on the carrier's delivery note.
Unless otherwise specified, AZURTEM guarantees all the products sold on its online site for a period of one year. Beyond this period, the Buyer will have to contact the manufacturer of the equipment for any request of taking into account of the guarantee.
The goods sold in the Shop are guaranteed against any operating defect resulting from a material, manufacturing or design fault, for a period of one year from the date of the invoice, subject to 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 lack of maintenance by the customer.
No return will be accepted without prior authorization of AZURTEM; in particular without a Return Merchandise Authorization (RMA) number.
Any incomplete, damaged, damaged product and/or whose original packaging will have been deteriorated will not be taken back nor exchanged within the framework of the guarantee.
All costs and risks related to the return of the product are to be borne by the Buyer.
The product under guarantee will be, at the choice of the manufacturer, exchanged or repaired.
AZURTEM guarantees the Buyer, as regards hidden defects which can affect the delivered products, only within the framework of a replacement of the defective products, or of the parts making them unfit for their use, without being able to be considered by the Buyer as responsible for the possible harmful consequences which these hidden defects could have caused.
In any case, the guarantees do not cover the replacement of consumables, the abnormal and non-conforming use of the products, the damages being the subject of a specific mention in the article sheets, the defects and their consequences due to the intervention of the Buyer 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 contract of assistance and maintenance
The means of payment available are displayed at the end of the order process.
In order to finalize the order, the buyer must display the shopping cart containing the selected items and click on the "Proceed to payment" button.
The payment of the totality of the price must be carried out at the time of the order by the Purchaser. At no time may the sums paid be considered as a deposit or advance payment.
The Buyer guarantees the Seller that he has the necessary authorizations to use the method of payment he has chosen, when validating his order.
The Seller reserves the right to communicate its invoices to the Buyer electronically and in PDF format. 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 owed by him, nor operate a compensation.
No claim on the quality of the deliveries shall be suspensive of the latter, if proof of the defectiveness of the goods has not been provided and duly noted and recognized 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 the reception of the products.
In case of collection procedure, the Buyer shall pay, in addition to the principal amount, a fixed amount of 15% of the sums due as a penalty clause, without prejudice to the conventional interests, as well as all the costs and fees of collection.
The Decree of 2 October 2012 sets at 40 euros the fixed indemnity for collection costs which any professional customer in a situation of late payment will have to pay to his creditor as of 1 January 2013. This indemnity is in addition to the late payment interest also due by operation of law. If the creditor can demonstrate (by means of objective evidence) that the amount of the collection costs is greater than 40 euros, he may obtain additional compensation.
The Seller reserves the right to request a photocopy of the Buyer's identity document for all payments by credit card.
In the context of the fight against Internet fraud, the 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 granted to the Buyer, will be automatically cancelled.
Azurtem grants payment terms to certain categories of customers. The granted period is thirty days from the date of the invoice.
Only Azurtem's management is entitled to authorize or not a payment term to its customers.
This delay will however be granted based on certain conditions:
- the customer has provided a copy of his RIB and a recent KBIS (< 3 months)
- the customer has already placed, and paid in cash, at least three orders for a minimum amount of five hundred euros (500€) each
In the event of late payment by a customer who benefits from a payment delay :
- payment will be required
- the next three orders will have to be paid in cash
- the payment period will be reactivated if and only if the payment of the order has taken place and if the next three orders (> 500€) have been paid in cash.
Azurtem reserves the right to withdraw the payment term from any customer at any time and without having to justify its decision.
In the event where the customer should receive the invoice before the goods themselves then the payment term will run from the date of receipt of the merchandise and no longer from the invoice date.
Upon receipt of the goods, the Buyer must immediately check their condition and their conformity with the order.
The Buyer must formulate 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 details of the Buyer, the references of the purchased products and the reasons for the complaint.
AZURTEM will not grant any refund or replacement in case of return of goods without the prior obtaining by the Buyer of a Return Merchandise Authorisation (RMA) number.
In the case of authorized returns, the RMA number must be clearly marked on the outer 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 prevent damage during transit.
The costs of return and packaging are always at the expense of the Buyer.
Any refusal by the Buyer to accept the goods must be justified and notified to the Seller in writing within seven days, by registered letter, from the date of the attempted delivery of the goods.
Failure to comply with the foregoing provision shall entail payment by the Buyer of compensation to the Seller amounting to twenty percent of the value of the rejected items.
If the above procedure is not followed and the time limits indicated are not respected, the Buyer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products being then 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 cooling-off period of 14 calendar days from receipt of the items ordered, without having to give reasons for his decision or incur any other costs, with the exception of the cost of returning the items, which remains at his expense.
To exercise his right of withdrawal, the Customer shall inform AZURTEM, preferably in writing (by letter or e-mail), of his decision to withdraw by sending any unambiguous statement expressing his will to withdraw, before the expiry of the above-mentioned 14-day period.
In the case of an order for several items delivered separately, the period shall run from the date of receipt of the last item.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining at the customer's expense.
Article L. 121-16-1, III of the Consumer Code states that: "Subsections 2, 3, 6 and 7, applicable to relations between consumers and professionals, are extended to contracts concluded off-premises between two professionals when the subject of these contracts does not fall within the scope of the main activity of the requested professional 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 case of return of goods without the prior obtaining by the Buyer of a Return Merchandise Authorization (RMA) number. This number must be clearly visible on the outside of the package containing the returned goods.
Any return of an item must be made in its original and complete condition (packaging, accessories, instructions, etc.) allowing the item to be remarketed in new condition.
The original packaging must also be protected in order to avoid damage to the product during the transport of the package.
In case of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, the customer may be held liable.
Any product that is incomplete, damaged or whose original packaging has been damaged will not be reimbursed or exchanged and the cost of returning the item to the customer will be borne by the customer.
All so-called "custom-made" items designed especially for the customer, or any non-catalogue item that has been the subject, at the request of the Buyer, of a special order, will not be returned or exchanged, unless they have apparent defects or do not conform to the products ordered. As soon as the order is received, the customer loses his right of withdrawal (in accordance with article L.121.20.12 of the French Consumer Code) which applies to all products with a high degree of customization for the customer and therefore cannot be reused by his supplier in the event of a return.
All disputes relating to the formation, conclusion, interpretation or execution of the contract concluded 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 whose jurisdiction the Seller's head office is located, regardless of the contractual conditions and the method of payment accepted, even in the event of summary proceedings, appeal for guarantee or plurality of defendants.
Processing of personal data
All the personal data communicated to AZURTEM by the Buyer are exclusively intended for AZURTEM. They are used by AZURTEM in order to carry out its activity of Seller.
The declaration to the CNIL of AZURTEM has been registered under the number 2122901.
In accordance with the law n° 78-17 of January 6th, 1978, every person has a right of access, modification, rectification and deletion of the data which concern him by sending us by mail his request: AZURTEM, 15 rue du Marechal Joffre 06000 NICE.