Azurtem Terms and Conditions 1.8
Updated on 16/01/2024
Preamble
The Seller, the Vendor or the Company, is defined in this document as the company SARL AZURTEM, located at 15, Rue Maréchal Joffre 06000 NICE, FRANCE.
The Buyer, Client or the Customer, is defined in this document as the entity accepting the present General Conditions of Sale.
Store and Online Shop in this document refer to the online sale site of the Company AZURTEM which is accessible from the following address: https://shop.azurtem.com.
A "firm order" is an order that has been registered on the Seller's sales site by the Buyer, or confirmed by means of the delivery, by post or e-mail, of the accepted order form by the Buyer, accompanied by the receipt by the Seller of the full payment for this order.
In order to guarantee the 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 signatures of viruses and malware, a firewall, a PDF file reader and of course an access to the Internet. The same applies if the device is a cell phone, tablet or laptop.
It is up to the Buyer to assume the cost and to ensure the installation of these means, as well as the possible costs related to the connection towards the site of the Salesman.
The Internet browser used by the Buyer to connect to the Seller's Store must accept cookies and support the execution of Javascript code.
Seller uses text files, called cookies, to store information about Customer's use of the Store, to maintain the session, to customize the Store and to collect statistics.
The present General 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 not accepted in writing by the Seller which would be, or not, in opposition with the present General Conditions of Sale will be considered as null.
The present General Conditions of Sale apply to all sales in France and throughout the world.
In case one or the other of the present provisions would be considered, or declared null or not written, the others will remain entirely in force; for as much it would not know how to be interpreted for the future as a renunciation to the provision in question.
The AZURTEM company reserves the right to modify at any time the present General Conditions of Sale.
Object
The present General Conditions of Sale have for object to inform any possible Buyer on the conditions and the modalities in which the Seller proceeds to the sale and to 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 reservation, to all sales, by the Seller, of products offered in its Online Store.
Items in the store
The items available in the store are valid while stocks last. For products not stocked by the Seller, the items offered by the Seller are valid subject to availability from its suppliers. The Seller reserves the right to modify the assortment of products according to the constraints of its suppliers.
The photos and specifications e.g. indications of weight, size or capacity and any other details appearing on the Shop are only intended to offer a general description of the products and shall not be considered as a contractual commitment on the part of the Seller. If a supplier of Seller modifies an item, the graphic and descriptive representation of the item shall not be binding on Seller and shall not affect the validity of the sale.
The Seller reserves the right to cease marketing any product offered to the Buyer in the Shop and/or to modify the characteristics of these products at any time, without prior notice and without being able to give right to the payment of any damages.
The Buyer may, in order to ensure that he/she obtains items that are displayed as "in progress", choose to register his/her order; in this context, qualify as a "pre-order".
In the event that an item is out of stock, the Seller will indicate on the item's page the next date of availability of the item ("ETA") from the moment the order is placed with the manufacturer of the proposed material.
Once the order is placed, the Buyer will be able to check at any time the delivery date announced for the pending item from his account space on the Seller's store ("Awaiting shipment").
In both cases, the dates indicated reflect those provided to the Seller by the manufacturer of the proposed equipment. They may be updated without notice. They are approximate and estimated and cannot be guaranteed. Changes in these dates shall not entitle the Seller to any form of compensation.
Orders
Any offer of sale is subject to available stocks.
Any order placed with the Vendor is firm and definitive for the Buyer as soon as the Vendor receives an order form or any other document indicating an order.
The Buyer declares prior to his order that he has the full legal capacity to commit himself under these General 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 payment".
It will be necessary beforehand that the customer takes knowledge, if it is not already made, of the present General Conditions of Sales and confirms his acceptance of those by notching on the box which precedes the mention: "I accept without reserve the General Conditions of Sales".
This sentence also contains a hyperlink assigned to the words "General Sales Conditions" allowing the Buyer to display the present General Sales Conditions on the screen.
From the moment the Buyer has registered his order by clicking on the button "proceed to payment", he is considered to have accepted with full knowledge of the facts 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 that any person, individual or legal entity, orders a product offered for sale on the Seller's online store implies full acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to ordering.
The Seller reserves the right to refuse any order for an amount of less than 50 € excluding VAT.
The Buyer having taken knowledge of the characteristics of the products on sale in the Shop has under his responsibility, and according to the needs such as he determined them, carried his choice on the products being the object of his order. In addition, 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 choice and at his expense if he does not feel sufficiently competent.
If the customer wishes to export an item ordered on the Seller's online site, from the French territory, to a country outside the EC and outside the countries listed without export restrictions, he/she will have to make sure beforehand that the item is not subject to an export license or other authorization, in which case he/she will be responsible for obtaining the necessary authorizations from the competent authorities.
As a Seller, the Seller can never be held responsible for the non-conformity of a product. The Buyer expressly recognizes without any possible dispute the total exemption of responsibility of the Seller even in case of forced intervention and call in guarantee. The Buyer undertakes to take out all necessary insurance to ensure full coverage.
The prices indicated in the Seller's Shop do not constitute an offer; they are given only as an indication and can be modified at any time and without warning by the Seller.
The price binding on the customer is always the price in effect at the time the order is placed.
The Seller retains full ownership of the products sold until the full payment of the price, in principal, expenses and taxes included.
In case of unavailability of an ordered article, the Seller will inform the Buyer as soon as possible.
In accordance with the provisions of article L121.20.3 of the Code of Consumption, the Salesman will be able in this case to provide a product of a quality and an equivalent price. The shipping costs will then be borne by the Seller.
If the Seller fails to make use of this option, the Buyer will be reimbursed without delay and at the latest within thirty days of the payment of the sums he has paid.
From the moment the Buyer orders an item that is out of stock, and clearly indicated "in the process of being restocked" on the product page of the Seller's online store, he accepts that the Seller is unable to guarantee any delivery time to the Buyer. The actual delay can in no case be blamed on the Seller, nor give right to any compensation.
As soon as the Buyer orders an item clearly indicated as being out of stock, and ensures the payment of this order, the Seller undertakes to reserve the quantity of the item ordered until the receipt of the goods by the Seller allowing to satisfy the Buyer's order.
Buyer acknowledges that Buyer's order or pre-order will be reserved for Buyer only after Seller has received payment in full for the amount of the order, unless Buyer has been explicitly granted a delay in payment by Seller.
Buyer agrees that the items reserved by Buyer's order or pre-order may be released for sale from the time payment for Buyer's order or pre-order has not been received by Seller.
The Seller may at any time, without having to justify its decision, cancel the sale of one or more items even if the Buyer had already placed an order containing such item(s). However, the Seller undertakes to refund the sums, directly related to the cancelled items, that the Buyer would have already paid. The Buyer acknowledges that this cancellation will not give right to any compensation.
Invoice
In order to accompany the efforts of dematerialization and in accordance with article 289 V 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 secure account space in 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 good version which is in its possession.
The seller can also on written request of the customer transmit by electronic way a copy of it.
Delivery
The means of delivery available are proposed when the Buyer proceeds to the 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 Salesman; their overtaking do not give place neither to the cancellation of the order nor to damages.
The Seller may, for logistical reasons, or in the event that current stocks do not allow for the delivery of the entire order to the Buyer, make partial deliveries. In this case, any partial delivery accepted by the Buyer is billable upon receipt by the Buyer.
It is the responsibility of the Buyer to express in writing his opposition to any form of partial delivery of his order at the time of registration or communication of the order. In the absence of any explicit opposition, the Buyer accepts that his order can be delivered in several lots and in a partial manner.
In case of partial delivery, the Buyer accepts that the choice of carrier belongs to the Seller.
In return for a partial delivery, the Buyer accepts that additional delivery costs may be charged to him following delivery.
In all cases, timely delivery shall be made only if Buyer is current with its obligations to Seller.
The cost of delivery is indicated as an indication and is based on the scale announced by the transport company, our partner, which will ensure the routing of your order. The seller reserves the right to adjust this cost, following 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: the weight, the number of packages, the volume of the package(s), the customer's profile (professional or private), the ease of access to the destination, as well as the precision of the destination address.
On the other hand, 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 real 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 package, and dividing the result by 5000 (L x W x H) / 5000.
Our delivery partner may, after routing your order, determine that the delivery has resulted in additional costs based on the criteria imposed by the latter e.g. difficulty of access, increase in the cost of fuel used, application of the volumetric weight calculation, etc; these will be passed on to you following delivery.
If the customer does not receive the delivery and the merchandise is returned to the Seller, the customer will have to cover the shipping costs in order to have the merchandise redirected to him.
All transport operations are at the expense and risk of the Buyer, who is responsible for checking the goods upon arrival and exercising, if necessary, his rights of recourse against the carrier, even in the case of carriage paid shipments, which do not entail transfer of ownership.
In case of loss, substitution or damage, linked to the 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, in application of article L 133-3 of the 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.
The objective of the Seller is to deliver the Buyer as soon as possible. The Buyer accepts therefore that the Seller may, depending on the delays announced by the carriers, opt for another mode of delivery which would allow to respect the Seller's objective: deliver the customer as soon as possible.
In this case, the Buyer is entitled to claim a refund of the difference, provided that he has already paid for his order, and if the chosen method turns out to be less expensive than the option initially subscribed.
Warranty
Unless otherwise specified, the Seller guarantees all 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 material for any request for taking into account 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 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 from the Seller; in particular without a Return Merchandise Authorization (RMA) number.
Any product that is incomplete, damaged, and/or whose original packaging has been damaged will not be accepted for return or exchange under the warranty.
All costs and risks related to the return of the product are the responsibility of the Buyer.
The product under warranty will, at the option of the manufacturer, be exchanged or repaired.
The Seller guarantees the Buyer, with regard to hidden defects that may 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 that 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 the Seller, 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 contract of assistance and specific maintenance.
Payment
The available payment methods 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 realized at the time of the order by the Buyer. At no time, the sums paid can be considered as deposits or down payments.
The Buyer guarantees to the Seller that he has the necessary authorizations to use the method of payment he will have chosen, during the validation of his order.
The Seller reserves the right to communicate its invoices electronically and in PDF format to the Buyer. The latter agrees to receive them by this mode 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 is suspensive of these, if the proof of the defectiveness of the goods was not brought and duly noted and recognized by the Seller before the due date.
In the event of a dispute over an invoice, the claim must be made in writing by registered mail with acknowledgment of receipt, addressed to the Seller, within seven days of receipt of the goods.
In the event of collection proceedings, the Buyer shall pay in addition to the principal amount, as a penalty clause, a lump sum of 15% of the sums due and this without prejudice to conventional interest, as well as all costs and fees of collection.
The Decree of October 2, 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 as of right to his 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 (with 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 ask for a photocopy of the Buyer's identity document for any payment 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 amount 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.
Payment terms
Azurtem grants certain categories of customers a payment term. This period is thirty days from the date of the invoice.
Only Azurtem's management is entitled to authorize or not a payment delay to its customers. This delay will however be granted according to 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 of a minimum amount of five hundred euros (500€)
In case of late payment from a customer who benefits from a payment delay:
- the payment will be required of him
- the next three orders will have to be paid in cash again.
- the payment delay will be reactivated if and only if the payment of the order has taken place and if the three following orders (>500€) have been paid in cash.
Azurtem reserves the right to withdraw at any time and without having to justify its decision the payment delay to any customer.
In the case where the customer would receive the invoice before the goods, the term of payment will run from the reception of the goods and not from the date of the invoice.
For any order whose amount exceeds ten thousand euros (10.000 €) Azurtem will be able to require the payment of a deposit of an amount representing thirty percent (30%) of the total amount, all taxes included.
The order will only be validated once the 30% deposit has been received by the Seller.
In case of cancellation of the order by the Buyer after its acceptance by the Seller, for any reason whatsoever except force majeure, the deposit paid at the time of the order will be automatically acquired by Azurtem and will not give rise to any refund.
Complaints
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 contact details of the Buyer, the references of the products purchased and the reasons for the complaint.
Seller will not issue refunds or replacements for returned goods without Buyer first obtaining a Return Merchandise Authorization (RMA) number.
In the event of an authorized return, the RMA number must be clearly marked on the outside surface of the package containing the return.
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 shipment.
The costs of return and packaging are always at the expense of the Buyer.
Any refusal to accept the goods by the Buyer 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 result in the payment by Buyer of compensation to Seller in the amount of 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 and following of the Consumer Code, the Customer has a withdrawal period of 14 calendar days from the receipt of the ordered items, without having to justify his decision or to bear other costs except for the return costs which remain at his expense.
In order to exercise his right of withdrawal, the Customer shall inform the Seller, preferably in writing (by letter or e-mail), of his decision to withdraw by sending any unambiguous statement expressing his wish to withdraw, before the expiry of the aforementioned 14-day period.
In the case of an order involving several items delivered separately, the period runs from the date of receipt of the last item.
In case of exercising the right of withdrawal 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.
Seller will not issue refunds or replacements for returned goods without Buyer first obtaining 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 condition and complete (packaging, accessories, instructions ...) allowing the re-marketing of the item 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 those necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the customer may be incurred.
Any incomplete, damaged or damaged product or whose original packaging has been damaged, will not be refunded or exchanged and the cost of returning the item to the customer will be charged to the customer.
All the articles known as "to measure" conceived especially for the customer, or any article except catalog having been the subject, with the request for the Buyer, of a special order, will be neither taken again nor exchanged, unless they present apparent defects or that they are not in conformity with the ordered products. Upon receipt of the order, the customer loses his right of withdrawal (in accordance with Article L.121.20.12 of the Consumer Code) which applies to all products with a strong character of customization to the customer and therefore cannot be reused by its supplier in case of return.
Customer reviews
The customer has the possibility to write a review, on each product page of the store. No obligation or financial incentive exists at Azurtem to motivate the customer to leave a review.
Only a customer who has an active account on the store in which his contact information is registered will be able to write a review. The contact information must make it possible to identify and, if necessary, contact the customer. The information must, at the very least, contain the following elements: name, first name, email address, postal address and telephone number.
The reviews are moderated before their online publication in order to ensure their relevance with respect to the commented product as well as the appropriate character of the vocabulary used.
The customer acknowledges that Azurtem has the exclusive right to decide whether or not to publish a customer review. By entering his/her review, the customer accepts that his opinion will be stored on the server hosting the store: Infomaniak SA. The customer also accepts that his opinion will be publicly viewable.
The reviews are preserved and remain published as long as the author of the review does not explicitly request, in writing, its withdrawal.
Information emails
The Vendor may send information e-mails to the Buyer. The purpose of these e-mails is to inform the Buyer of developments relating to the products offered by the Vendor.
The information transmitted in these e-mails may also contain warnings or security alerts. These are intended to make the Buyer aware of potential vulnerabilities linked to the items offered by the Buyer.
In addition, and in accordance with current regulations, the Vendor may send the Buyer prospecting e-mails concerning products or services similar to those already subscribed to or purchased by the Buyer. These prospecting messages may be sent without prior consent, as they are based on a legitimate interest.
The Buyer is entitled to refuse these e-mails. The Buyer may at any time signify his refusal by email to the Seller at the following address: shop.azurtem.com
Training sessions provided by Azurtem
The learner's registration is individual, nominative and non-transferable. Under no circumstances can it be exchanged or transferred in the event of the learner's absence.
An invitation, indicating the exact place and time of the training, is sent by e-mail to each student at least two weeks before the beginning of the course. The Client is advised not to incur any expenses (travel, accommodation) before the learners receive the invitation.
Azurtem cannot be held responsible for the non-receipt of the invitation by the recipients, in particular in case of absence of the learner from the training. In case of doubt, it is up to the Client to ensure the registration of the registered learners and their presence at the training.
Azurtem reserves the possibility of cancelling or postponing a training course without compensation in case of force majeure or if the number of registered students is insufficient to ensure a good pedagogical quality of the training. In this case, the students will be informed at least one week before the beginning of the course.
The following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of the French courts and tribunals and without this list being restrictive the incapacity of the training leader due to illness or accident, strikes or social conflicts internal or external to Azurtem, natural disasters, fires, the non-issuance of visas, work authorizations or other permits, laws or regulations put in place subsequently, the interruption of energy supply, the interruption of means of communication or means of transport of any type, or any other circumstance beyond the reasonable control of Azurtem.
A postponement by the Client occurring less than two weeks before the beginning of the training is considered as a cancellation. In case of absence of the learner, the ordered service will be invoiced in full.
The registration and the realization of the training action, objects of the training order/agreement, suppose the reservation of a place and the commitment of expenses by Azurtem even when the learner is absent. Any module started is therefore due in its entirety and will be invoiced to the Client by Azurtem.
Azurtem will not reimburse the amount of the training hours provided in the absence of the learner or in the event of early termination of the training for any reason whatsoever, except as a result of force majeure duly recognized by Azurtem.
The invoice generated by Azurtem serves as a simplified training agreement. Nevertheless, a training agreement in due form can be sent upon request.
The Customer shall refrain from using the content of the training courses to train other people than its own staff and shall be liable under Articles L. 122-4 and L.335-2 and following of the Intellectual Property Code in the event of unauthorized transfer or communication of the content.
Any reproduction, representation, modification, publication, transmission, denaturation, total or partial of the contents of trainings are strictly prohibited, and this, whatever the process and the support used. The client's responsibility would be engaged if an unauthorized use was made of the software or training support.
Azurtem's responsibility can in no case be engaged for any technical failure of the material or any cause foreign to Azurtem. Regardless of the type of services, Azurtem's liability is expressly limited to the compensation of direct damages proven by the Client. Azurtem's liability is capped at the amount of the price paid by the Client for the service concerned. Under no circumstances can Azurtem be held liable for indirect damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and reputation.
Jurisdiction clause
All disputes relating to the formation, conclusion, interpretation or execution of the contract concluded between the parties, will, in the absence of amicable settlement, be subject to French law and exclusively to the jurisdiction of the Commercial Court of Nice, in the jurisdiction of which is located the headquarters of the Seller, regardless of the contractual conditions and the method of payment accepted, even in the event of summary proceedings, appeal in warranty or plurality of defendants.
Processing of personal data
All the personal data communicated to the Seller by the Buyer are exclusively intended for AZURTEM. They are used by the Seller in order to exercise and to accomplish at best its activity of Seller.
The declaration to the CNIL of the Seller has been registered under the number 2122901.
According to 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 Maréchal Joffre 06000 NICE.
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