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General Terms and Conditions of Sale

 

A. BACKGROUND

These General Terms and Conditions of Sale shall apply exclusively to any orders for hardware, software, software packages, office supplies and, more generally, any product or service (hereinafter referred to as a “product”) marketed by BECHTLE DIRECT France (hereinafter referred to as the “Vendor”). Any product order sent by a purchaser (hereinafter referred to as the “Client”) to the vendor implies unconditional acceptance of these General Terms and Conditions of Sale. These General Terms and Conditions of Sale take precedence over any general terms and conditions of purchase provided by the Client, unless otherwise expressly agreed in writing by the Vendor.

 

B. OFFERS

The Client may ask the Vendor to offer a price quotation prior to placing an order. The Vendor shall not be held liable if any technical changes are made to the product between the price being quoted by the Vendor and the offer being accepted by the Client. The Vendor shall endeavour, insofar as it is able, to inform the Client of any major changes that would entail an adjustment of the price quoted.

Offers issued by the Vendor shall be valid for 5 (five) days. After this period, the Vendor may independently decide whether or not to maintain its offer in accordance with any changes in prices, technical specifications, delivery lead time or any other event. Any verbal request for information cannot be considered to be a bid prior to an order. Only a document written on the Vendor’s headed paper can be considered to be an offer.

 

C. ORDERS

Firstly, it is important to note that the Client must ensure that the product it is ordering is suitable for meeting its objectives. Under no circumstances can the Client hold the Vendor liable in the event that a delivery is compliant with the Client’s order but does not conform to its needs. The Client may not make any claims for compensation of any kind from the Vendor, but it may return the product to the Vendor in accordance with the conditions clearly set out (and only in such cases) in the “RETURN OF GOODS” section.

All orders on paper must be written and signed by the Client and shall be subject to acceptance by the Vendor. Any document written either on the Client’s headed paper or upon acceptance of the offer provided by the Vendor, with the Client taking care to date and sign the document and apply its company stamp, shall be deemed to be an order. The Client can adapt the content of the offer according to its needs if it wishes to do so. An order confirmation will then be issued by the Vendor, thus validating all the conditions of the offer (product, quantity, delivery lead time, final price, terms of payment, etc.). Any order confirmation that is not returned to the Vendor before the product is dispatched shall be deemed to have been definitively accepted by the Client in every respect.

Any order placed by the Client via the Vendor’s website shall systematically generate an order confirmation validating all the relevant conditions (product, quantity, delivery lead time, final price, terms of payment, etc.). Any order confirmation that is not returned to the Vendor before the product is dispatched shall be deemed to have been definitively accepted by the Client in every respect. However, it is important to note that the delivery lead times stated are indicative and may vary depending on the manufacturer’s lead times or due to any other event (weather phenomena, obstruction of transport routes, etc.). The Vendor shall not be held liable for this.

Any orders placed via a medium other than paper or online must be specifically agreed between the two parties.

Any cancellation, postponement or modification of an order must be specifically agreed between the two parties.

If it is not technically feasible to honour the Client’s order, the Vendor reserves the right to offer an alternative product of the same or superior quality or technical specifications as the product ordered by the Client. In such cases, the Vendor shall endeavour to inform the Client and provide the Client with a new offer that takes these changes into account.

 

D. DELIVERY

The product shall be delivered to the Client or an agent of the Client at the address indicated on the order form. In the case of deliveries to specific sites, the Client shall take care to notify the Vendor of all the terms and conditions of delivery that apply to the site concerned (address, contact responsible for receiving goods, any specific dates or times for receiving goods, etc.).

If a delivery is refused, the Client must inform the Vendor of the reasons for this. The Client shall, if applicable, be invoiced for EUR 100 (one hundred euros) in administrative costs provided it is clearly established that the responsibility for refusing the delivery lies with the Client and not with the Vendor or its logistics partner.

The Vendor reserves the right to make part deliveries in agreement with the Client.

In the case of deliveries to different sites, each site must sign the delivery note.

For any product orders amounting to more than EUR 250 (two hundred and fifty euros) or any online orders (regardless of the order amount), a fixed contribution of EUR 25 (twenty five euros) towards shipping and packaging costs shall be charged to and implicitly accepted by the Client, even if this item is not shown on the order confirmation.

In the case of part deliveries, the delivery costs shall be invoiced per requested delivery in accordance with the conditions outlined above.

In the event of damage or loss, the Client must record all relevant findings on the shipment note and notify the carrier and the Vendor by registered letter with acknowledgement of receipt within 3 (three) days following delivery. It is important to note that goods are transported at the Client’s risk. The Client may not, under any circumstances, block the payment of the invoices concerned in the event of any dispute regarding transport. It must fulfil its obligations.

The Vendor reserves the right to suspend deliveries if the Client is not up to date with its obligations towards the Vendor, regardless of their nature.

 

E. PRICES AND PAYMENT

The price of a product is based on the current rate at the time when the order is placed. The Client should take care, by any means available, to confirm the price of the product. If an offer has been sent to the Client, it is important to note that the prices quoted are guaranteed while the offer is valid (i.e. for 5 (five) days following the date of the offer).

In the context of opening an account, the Client shall send the payment in full (including VAT and shipping) by cheque, without discount, at the same time as placing its first order.

The Vendor reserves the right to use all legal means at its disposal to assess the Client’s financial situation. In the event of an unfavourable assessment, the Vendor shall reserve the right to demand full payment (net and without discount) in advance and will only be able to arrange for the order to be delivered subject to due payment.

Payment shall be due (unless otherwise expressly agreed by the parties) within 30 (thirty) days net of the date of the invoice, without discount.

Invoices shall be payable from the date stated on the invoice. 

It has been clearly stipulated that any Client that has not ordered any products for 6 (six) months will be required to open a new account.

For payments by bank transfer, the Vendor’s bank details shall be made available to the Client on request.

Any delay in payment shall entitle the Vendor to demand immediate payment of any sums owing to it, regardless of the reasons given, and shall lead to the suspension of all outstanding deliveries and, in accordance with Article L 441-6 of the French Commercial Code and Decree no. 2012-1115 of 2 October 2012, the enforcement of late payment penalties equivalent to three times the statutory interest rate and the payment of a lump sum of EUR 40 (forty euros) in compensation for recovery costs. Moreover, if the recovery costs incurred are higher than this compensation amount, the creditor shall be entitled to demand additional compensation.

 

F. RETURN OF GOODS

Any product that does not meet the Client's needs can be returned to the Vendor, sealed in its original packaging, within 10 (ten) days of its delivery. Any damaged and/or opened product shall remain the Client’s responsibility and shall neither be taken back nor exchanged.

Any product return must be subject to receiving the Vendor's formal agreement and a return number must be sent to the Client by the Vendor. Depending on the type of product, the Vendor shall inform the Client of the address to which the product must be returned. The Client remains responsible for paying the shipping costs and assumes the risks of return. Likewise, the Vendor reserves the right to discount the value of the returned product according to certain criteria (including but not restricted to: opened or damaged packaging, product installed and tested, etc.),   Furthermore, the Vendor may decide to REFUSE RETURNS of goods, even within the time allowed, if the manufacturer itself refuses the returns. The Client cannot, under any circumstances, hold the Vendor liable and shall undertake to meet its obligations vis-à-vis the Vendor according to the terms and time frames initially established.

The following items shall be neither taken back nor exchanged: opened consumable types of products, software and software packages whose packaging has been opened or damaged, projectors, furniture and safes.

No returns shall be accepted for any microcomputer, server or similar types of product whose configuration has been modified or customised at the Client's request. The same applies to any product not included in the catalogue or on the Vendor's website and for which specific research has been carried out at the Client's request.

 

G. WARRANTY

The warranty that applies to the ordered product is the current warranty provided by the manufacturer or publisher of the product in question. Products are guaranteed against any material or manufacturing defects for a period of 12 months from the delivery date, pursuant to the warranty certificate. Interventions carried out under the warranty cannot lead to any extension of this warranty. Whenever the warranty is invoked, the presentation of the warranty certificate shall be a strict requirement. Under this warranty, the only obligation incumbent upon the Vendor shall be the replacement or the repair of the product or component acknowledged to be defective by its staff at no charge, unless this method of compensation proves to be impossible or disproportionate. To benefit from the warranty, any product must first be sent to the Vendor's after sales service department, whose agreement is essential for any replacement. Any shipping costs shall be borne by the purchaser. The warranty shall be excluded for obvious defects.

The Client is responsible for familiarising itself with the maintenance and warranty conditions for the ordered product.

If the Client would like to extend the warranty, it may either choose the extensions provided by the manufacturer or publisher or take out a maintenance contract with a specialist company.

 

H. RESERVATION OF OWNERSHIP

It is expressly agreed that the products shall remain the Vendor's property until the payment in full of the price, including fees and taxes. The Vendor has sole authority to carry out the transfer of ownership. For this reason, the Client shall do everything in its power to prevent the deterioration, pledging or seizure of the products by third parties. They cannot be disposed of throughout the entire period of validity of the reservation of ownership clause.

In application of Article 2102 of the French Civil Code and the Act of 13 July 1967 amended by the Act of 12 May 1980, the products delivered by the Vendor are expressly subject to the reservation of ownership clause.

In the event of non-payment, the Vendor may take back the delivered products within the framework of the aforementioned legislation. All of the costs (including but not restricted to transport, labour for overhauling, reconditioning, etc.) that arise due to the application of this clause shall be borne in full by the Client.

 

I. LIMIT OF LIABILITY

The installation of the ordered product shall be carried out under the Client's sole liability. The Client shall be responsible for preparing the most favourable environment for the commissioning of the ordered product, in compliance with the instructions for the safety of property and people.

The Client cannot hold the Vendor liable for any failure of the ordered products or damage thereto if they are not used in compliance with the standards imposed by the manufacturer or publisher.

More generally, the products are guaranteed against any material or manufacturing defects for a period of 12 months from the delivery date, pursuant to the warranty certificate. Interventions carried out under the warranty cannot lead to any extension of this warranty. Whenever the warranty is invoked, the presentation of the warranty certificate shall be a strict requirement. Under this warranty, the only obligation incumbent upon the Vendor shall be the replacement or the repair of the product or component acknowledged to be defective by its staff at no charge, unless this method of compensation proves to be impossible or disproportionate. To benefit from the warranty, any product must first be sent to the Vendor's after sales service department, whose agreement is essential for any replacement. Any shipping costs shall be borne by the purchaser. The warranty shall be excluded for obvious defects.

 

J. LAW AND PLACE OF JURISDICTION

The court of Saverne shall have sole jurisdiction over any disputes that arise from this contract, notwithstanding the plurality of defendants.

 

K. Professional disposal of electrical and electronic equipment (EEE)

The company BECHTLE Direct SAS shall take away and treat EEE that it has put on the market since 13 August 2005 or when replacing it with equivalent equipment or equipment that fulfils the same function, in accordance with Article R543-195 of the French Environmental Code. To do this, BECHTLE Direct has appointed the state-approved environmental organisation ECOLOGIC, which shall carry out all collection, decontamination and recycling activities on its behalf in compliance with regulatory requirements. The purchaser shall undertake to pass on these terms and conditions to any future buyers of electrical and electronic equipment (EEE), along with the monitoring documents for end-of-life management, which will be provided by BECHTLE Direct or ECOLOGIC, and to pass on all necessary information to ECOLOGIC. When EEE reaches the end of its service life, the purchaser and/or the end user shall undertake to send a request for collection to ECOLOGIC via the website www.e-dechet.com
or by calling +33 (0) 1 30 57 79 14, providing the details required for locating the waste EEE. Depending on the setup, this will be dropped off voluntarily at a collection point or collected from the end user (at the end user’s expense for quantities weighing less than 500 kg). In French overseas departments and territories, ECOLOGIC shall take away and treat waste EEE under the same conditions as in mainland France. From the point when the waste material is collected or dropped off voluntarily at a collection point, ECOLOGIC shall take over full responsibility for the EEE at the end of its service life (waste EEE).