Terms of sales

Volt is under the French law

 

1. APPLICATION AND OPPOSABILITY OF THE TERMS AND CONDITIONS OF SALE

Sales of the products (hereinafter: the “Product (s)”) of VOLT S.A.S.U. with a capital of 40 000 € – company registered with the Corporate and trade register of Nanterre 821 487 527- Siret 82148752700011 – N ° VAT Intracommunity FR83821487527 50 bis rue Maurice Arnoux 92120 Montrouge, (hereinafter: the “Seller”) are governed by the present general terms of sale (hereinafter: the “GTC”).

The fact of placing an order for Products implies, as an essential and decisive condition, the full and unreserved acceptance by the buyer (hereinafter: the “Buyer”) of the GTC. No condition to the contrary may, unless expressly accepted in writing by the Seller, prevail over the GTC.

Consequently, any condition to the contrary placed by the Purchaser, regardless of the moment and the support (general conditions of purchase, letters, orders, etc.), shall be unenforceable against VOLT, unless it has was formally and prior to the order accepted in writing and signed by VOLT. In addition, in case of contradiction between different documents from VOLT and containing general conditions of sale, only the most recent at the date of the order will be applicable to the aforementioned order.

The fact that the Seller does not avail himself at a given moment of any of the clauses of the GTC can not be interpreted as a waiver of the Seller to invoke later.

The Seller reserves the right to modify, at any time, the GSC, which the Buyer acknowledges and accepts being specified that these changes have no effect on the orders that are being executed.

 

2. MAXIMUM CREDIT INPROGRESS

 

3. ORDER

Orders are made by email, mail, electronic data interchange, or any other means chosen by the Seller. Nevertheless, any order is subject to the acceptance of VOLT, which may result in particular from the shipment of the products.

VOLT reserves the right to refuse the order, in particular in case of late payment, breach of warranty or non-compliance with the GTC. In the case of an intermediary order by means of a letter or a fax, the Buyer, in addition to his signature, must affix his commercial stamp. A defect, no order will be taken into account, the Buyer can not claim, therefore, to whatever it is.

Any modification or cancellation of the order by the buyer can be accepted by the VOLT, only to the extent that it has been reported in writing with acknowledgment of receipt and no later than 24 hours after the date of the order, unless preparation has already been started.

 

4. DELIVERY

4.1. Delivery of products

Deliveries are made according to availability. VOLT may have to make partial deliveries.

When ordering, the date of delivery can be agreed with the buyer as an independent, given the supply constraints of some suppliers at some suppliers.

If necessary, prepared upon delivery, the logistic platforms of VOLT and the Buyer are accepted by fax or by post from the date of delivery.

Deliveries are made in metropolitan France, Monday to Friday, in the premises or warehouses of the Buyer. They are free of charge for orders over three hundred and five euros excluding tax (3500 € HT).

A default, a fixed contribution to the shipping costs will be charged to the buyer and indicated in the commercial offer.

Outside Metropolitan France, the shipping costs are the responsibility of the Buyer and the delivery terms are defined between VOLT and the Buyer.

4.2. Reserves on delivery

The buyer is obliged to check at the time of delivery that the latter is consistent in quality and quantity with the delivery note present in the delivered parcels and the order placed by the buyer. It is up to the buyer in case of anomaly concerning the delivery (damage, missing, broken parcels, broken products, damaged boxes, etc.) to make any reservations on the transport documents, in the presence of the deliveryman. These articles must be written, readable, signed by an authorized person: These reservations on delivery are notified by registered letter with acknowledgment of receipt to the carrier, within three (3) days after receipt of the products (Article L 133.3 code Trade). The Buyer will communicate by mail to VOLT, at the following address: save@coursier.fr, at the following address: http://ec.europa.eu/dgs/personnel_administration/index_fr.htm. Notification of loss in the context of delivery to the carrier and VOLT within the required time, the Buyer can not claim any compensation or compensation from VOLT for any reason whatsoever.

4.3. Claims of non-compliance of live products

The buyer must be the acknowledgment of receipt to VOLT, at save@coursier.fr, any claim relating to apparent defects or non-compliance in kind or the quality of the delivered products, within three (3) hours. ) days after the delivery of the Products. The description of the buyer, the date of delivery, references and products concerned, the precise description of the lack of conformity. It will then be up to the Buyer to provide proof of defects or anomalies found and to leave any facility to VOLT to make their finding and if necessary, to remedy it. Buyer shall not intervene itself or involve a third party for this purpose. A defect, VOLT, WILL be relieved of any obligation to Buyer and Consumer Products.

4.4 merchandise Returns

Any return of the Product must be the subject of a preliminary agreement of VOLT formalized by the sending of a return slip with a number of return. The return must then be made to VOLT within a maximum of 15 days after obtaining the return slip. The return number must appear clearly on the returned parcel, and the return slip slipped inside the parcel. The returned products must not have been used, in perfect condition, their accessories and instructions for use in original packaging. The costs and risks of return are the responsibility of the Buyer.

Any returned product not respecting these conditions (non-existent return agreement, bad condition of the goods etc.) will not give rise to the establishment of a credit and the Buyer will take care of recovering it within a maximum period of 15 days. The invoice for the said products remains due by the Buyer.

No resumption of unsold products is accepted by VOLT.

 

5. PRICES AND CONDITIONS OF PAYMENT

5.1. Price

Unless stipulated otherwise, the prices indicated are in euros (€), excluding taxes. The applicable price is that in effect at the time of acceptance of the order by VOLT, in accordance with VOLT’s Associated Price Conditions. It is up to the Buyer in case of invoicing without receipt of goods, or disputes about the content of the invoice (address, titles, price …) to send by email with acknowledgment of receipt to VOLT, at the address save@coursier.fr, all claims, within a period of ten (10) days from the date of issue of the invoice. Otherwise, VOLT will be released from any obligation to the Buyer and the products will be deemed to have been delivered in accordance with the order. Billing will also be deemed to comply with the order.

5.2. Billing – Terms of payment

The sale invoice issued by VOLT are payable by bank transfer to VOLT, in full on the day of the order.

The Buyer declares to be informed and accepts the possibility of receiving invoices in dematerialized form.

For the purposes of this section, payment is deemed to have been made on the date on which the full price, principal and ancillary, is credited to VOLT’s bank account without taking into account any bank value dates. The “simple resign to pay” by the Buyer of a title worthy of payment (check or other) does not constitute a payment. No discount is granted to the Buyer in consideration of an advance payment.

In case of late payment, VOLT will apply a penalty equal to the refinancing rate of the ECB plus 10%. These interests will run from the day of the due date until the total payment of the claim, and will automatically be due without notice being required. And the debtor will be liable, in addition to this balance, a lump sum recovery costs equal to 20% of the balance of the unpaid claim and can not be less than forty (40) euros. This compensation is having full rights, without prior notice, simply because the debtor has failed to meet the due date.

Furthermore, in the event of late payment or partial payment and until the amounts due are paid, VOLT may, on the one hand, suspend all current orders and, on the other hand, all sums that would be due to other deliveries (or for any other reason) would become immediately due.

In addition, VOLT reserves the right to make a set-off between the sums due by the Buyer and the amounts that may be payable by VOLT to the Buyer.

In case of default of payment, eight (8) days after formal notice remained unsuccessful, the sale will be automatically terminated if it seems to VOLT who may request the return of the Products, at the expense of the Buyer, without prejudice to all other damages. Similarly, when the payment is staggered, the non-payment of a single maturity will result in the immediate payment of the entire debt, without notice.

Furthermore, in the event of late payment or partial payment and until the amounts due are paid, VOLT may, on the one hand, suspend all current orders and, on the other hand, all sums that would be due to other deliveries (or for any other reason) would become immediately due.

In addition, VOLT reserves the right to make a set-off between the sums due by the Buyer and the amounts that may be payable by VOLT to the Buyer.

In case of default of payment, eight (8) days after formal notice remained unsuccessful, the sale will be automatically terminated if it seems to VOLT who may request the return of the Products, at the expense of the Buyer, without prejudice to all other damages. Similarly, when the payment is staggered, the non-payment of a single maturity will result in the immediate payment of the entire debt, without notice.

Contentious invoice recovery fees issued by VOLT are the responsibility of the Purchaser, including the fees of ministerial officers.

 

6. CLAUSE OF RESERVE OF PROPERTY

IT IS EXPRESSLY AGREED BETWEEN THE PARTIES THAT THE TRANSFER OF PROPERTY OF THE PRODUCTS SOLD TO THE PURCHASER IS SUBORDINATED TO THE EFFECTIVE AND FULL PAYMENT BY VOLT OF THE PRICE, MAIN AND ACCESSORY. THE SINGLE RELEASED BY THE PURCHASER OF A TITLE VALID TO PAY DOES NOT, IN ANY CASE, CONSTITUTE A PAYMENT WITHIN THE MEANING OF THIS CLAUSE.

The Buyer therefore undertakes not to take possession, sell, degrade, or process Products that have not been paid in full.

However, all risks (damage, theft, loss, damage to third parties, etc.) are transferred to the Buyer upon receipt of the Products. In this respect, the Purchaser undertakes to take out a sufficient insurance policy (and to pay the corresponding premiums) to cover these risks.

 

7. WARRANTY – LIABILITY

7.1. Products marketed by VOLT are covered by a guarantee against any lack of conformity or manufacturing, from the date of delivery, for a period that varies according to the type of product concerned, according to the conditions defined by the manufacturers, manufacturers or suppliers. VOLT. In any case, all claims for defects or defects of conformity are prescribed after two years from the date of signature of the delivery note for new products and six months for used products.

7.2. The Buyer acknowledges having read the conditions attached to the products, warranty and after-sales service defined by the manufacturers, manufacturers or VOLT. VOLT does not provide spare parts for the products it sells. Some products may be subject to supply of spare parts by their manufacturers and under the conditions provided by the manufacturers.

7.3. The supply of a duplicate of the sales invoice to the end customer is required for any implementation of warranty.

7.4. In the event that the responsibility of VOLT is implicated and demonstrated in the context of the execution of the General Terms and Conditions of Sale, VOLT will bear the following direct material damages:

(i) the replacement of the defective Products in question by identical products or whose essential characteristics are similar to those of the defective products in question; and

(ii) direct material damage of identification, search, sorting, withdrawal, recall, transport, storage and / or destruction of the defective products in question and, if necessary, public warning, within the limit of an amount of thirty thousand euros (30,000 €) per year and per Buyer, all damages combined.

VOLT will not be liable in any way whatsoever for indirect and / or intangible damages, such as, in particular, financial and commercial losses, operating losses, sales, business, income, margins, customer or image.

 

8. INTELLECTUAL PROPERTY

The Buyer has no rights of any nature whatsoever over the trademarks, logos and / or any other distinctive sign used or used by VOLT, and / or the manufacturers and / or other partners. Consequently, the Purchaser agrees in particular not to associate, directly or indirectly, with its brand, name, trade name or any other distinctive sign of its own, trademarks, logos and / or any other distinctive sign mentioned above. conditions likely to mislead the consumer or any third party on the ownership of the aforementioned trademarks, logos and / or any distinctive sign.

In addition, the Purchaser agrees in advance to respect the graphic charts, at any use of trademarks, logos and / or any other distinctive sign.

The Buyer undertakes to immediately report to VOLT any imitation, counterfeit or any act of unfair competition of which he is aware, likely to cause any prejudice to the rights and / or interests VOLT and / or manufacturers and / or other partners.

 

9. LIMITATION OF LIABILITY

The responsibility of VOLT under the present Terms of Sales can not be committed in the case where the non-performance of its obligations would be imputable to the fact of a third party and / or the fault of the Buyer.

Seller assumes no responsibility for consequential damages of any nature whatsoever, including commercial, financial, loss of customer, loss of profits, loss of data, loss of use of a good or non economy, except in cases of gross negligence or fraud.

In the event that VOLT’s liability is proven, the Purchaser may in no case claim compensation greater than the amount of the order in question.

 

10. FORCE MAJEURE

VOLT will not be liable for the total or partial non-performance of its obligations if said non-performance is the object of an event of force majeure. The occurrence of a force majeure event entails the suspension of obligations under the Terms of sales. Suspend this period of suspension, VOLT and the Purchaser endeavor to reach an agreement on the terms of suit of Terms of sales despite the occurrence of this event.

However, if the obligations can not be performed during a period of thirty (30) days from the occurrence of a case of force majeure, each party may terminate the order, without notice or by simply sending a letter. recommended with acknowledgment of receipt to the other party. The termination takes effect on the day of receipt of the letter.

 

11. COMPUTING AND FREEDOMS

11.1 GENERAL – FINALITY – DURATION

The Buyer has the faculty to provide the personal information concerning. The inscription on this site supposes the collection, by the editor, of a certain number of personal information concerning him. The Buyer does not wish to provide the necessary information for the creation of a personal space can not order on the site.

The personal data collected is necessary for the good administration of the services offered by VOLT of its contractual obligations. These data are kept by the publisher in this quality only, and the publisher agrees not to use the information in another frame, nor to transmit to third parties, law. The details of all registered users on the site are saved for a maximum of six months from the removal of personal space, distance necessary for the proper administration of the site and normal use of data. These data are kept under secure conditions, according to the current means of the art, in accordance with the legal provisions in force.

11.2 RIGHT OF ACCESS, CORRECTION AND OPPOSITION

In accordance with the legislation in force, the Purchaser has a right of opposition, interrogation, access and rectification of the data they have provided. For this, the Buyer must make the request to the publisher of the site at the following email address: service@volt.localhost, or by post to the address of the headquarters of the publisher mentioned above of these Terms of Sales.

Personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site. The controller is Mr. Yann Thebault-CTO.

11.3 Use of cookies

In order to allow the Buyer an optimal navigation on the present site as well as a better functioning of the various interfaces and applications, the publisher will proceed to the implementation of a cookie on the computer station of the Buyer. This cookie makes it possible to store information relating to the navigation on the site (date, page, hours), as well as any data entered during his visit (search, login, email, password). These cookies are intended to be kept on his computer for a variable period of up to one month, and may be read and used by the publisher during a subsequent visit of the Buyer on the site.

The use has the ability to block, change the retention period, or delete this cookie via the interface of its browser (usually: tools or options/privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Buyer’s browser prevents him from using certain services or features provided by the publisher, this malfunction can not in any case constitute damage for the member who can not claim any compensation from thereby.

The Buyer has the option to delete cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options/privacy or confidentiality). Such action does not affect their navigation on the site, but causes the Buyer to lose all the benefit of the cookie. In this case, they will have to enter all the information about it again.

 

12. APPLICABLE LAW AND COMPETENT JURISDICTION

These conditions and any act of commerce between VOLT and any person are subject exclusively to French law.

The Nanterre Commercial Court will have sole jurisdiction. However, VOLT may, at its discretion, also bring an action against the Buyer to the jurisdiction in the jurisdiction where the latter is domiciled.