1 – SCOPE OF APPLICATION
Company IMEENS (hereinafter «IMEENS»), domiciled Sacuny Park, 40/60 rue Henri Malartre 69530 Brignais, registered in the RCS of Lyon under 899 462 683 (hereinafter “Services”) and sale of consumer electronic equipment (hereinafter “Products“) and any performance performed by IMEENS with any professional and individual buyer (hereinafter “Customer”) who has approved them and who acknowledges having full knowledge of them and therefore waives the right to rely on any contradictory document and in particular on its own general conditions of purchase.
IMEENS reserves the right to modify these General Terms and Conditions later and reasonably. Any new version shall be binding on the Customer one month after notification by e-mail.
The fact that IMEENS does not apply any provision at any time shall not be construed as a waiver to avail itself subsequently of that provision.
2 – CONTRACT FORMATION
2.1. Commercial offers made by IMEENS shall be valid for 30 days from the date of issue, unless otherwise specified.
The sales contract is formed upon receipt at IMEENS of the contractual documents.
The deposit must be paid within 8 days from the date of signature of the contract.
After this period, the delivery times announced are likely to change.
2.2. Taking into account the specificity of the products, IMEENS reserves the right to waive delivery of the Products in the event of default of payment of the balance.
2.3. Given the specific nature of the products, IMEENS reserves the right to delay delivery of the Products.
2.4. Photographs and drawings of the Products are deemed to be non-contractual. The information and technical characteristics indicated in the pre-contractual documents (prospectus, tariffs, etc.) are given for information purposes only and may be modified without IMEENS being held liable in this respect.
2.5. The Customer may not request the termination of the sale in the event of a change in the initial specifications or technical characteristics, occurring between the placing of the order and the delivery, resulting from the application of new regulations.
3 – EXCLUSION FROM THE RIGHT TO RETRACT
3.1. Pursuant to Article L121-21 -8 of the Consumer Code, The professional and private customer cannot exercise his right of withdrawal of 14 days following the signature of the sales contract. Indeed, IMEENS falls within the framework of the following exception:
Any modification, cancellation or termination of the sales contract requested by the customer can only be taken into consideration with the express agreement of IMEENS. If necessary, any deposit paid will not be returned.
4 – DELIVERY
4.1. The time limits for delivery of the Services and Products are given for information purposes only and the Customer cannot claim the cancellation of the order, penalties or indemnities and/or a refusal to pay the price or the advance payments provided for in the contract.
4.2. Unless otherwise agreed, the Products are delivered at the place indicated on the sales contract accepted by the Customer, in accordance with article 2.1. above. Delivery shall be effected either by unloading the goods at the place designated on the sales contract or by the installation of the equipment at the Customer or any other place designated in the contract in the manner provided for in Article 5 below.
4.3. In the event of a default by the customer, IMEENS reserves the right to review the delivery time appropriately.
4.4. IMEENS shall be responsible for the transport of the Products to the place indicated on the sales contract accepted by the Customer, in accordance with Article 2.1.above. IMEENS reserves the right to choose the means of transport. In the event that the product(s) are made available, the transport costs shall be borne by the Customer in EXW incoterm.
4.5. Delivery shall be made to the person designated as the consignee on the transport document or to his duly accredited representative. The signature of this person on the transport document is mandatory and must be accompanied, as the case may be, by his name or by the stamp of the receiving establishment.
4.6. In the absence of reservations expressly issued by the Customer, the Products delivered shall be deemed to conform in quantity and quality to the order.
The complaints must be mentioned in the presence of the installer on the installation report, duly signed and delivered to the installer and then notified by registered letter with acknowledgement of receipt to IMEENS, in accordance with the letter of Article L133-3 of the French Commercial Code within 48 hours of receipt, as evidenced by the postmark. After this period, any claim will be considered inadmissible. 4.7. In the event of a complaint, the Customer must detail the defects in conformity in writing and leave any facility to IMEENS and/or its partners to proceed with the identification of these defects.
4.8. In the event of an unjustified refusal to deliver, or of the absence of a person designated by the Customer to receive the Products, IMEENS reserves the right to charge for round-trip transport and any costs incurred. If so, the parties will agree on a new delivery date.
4.9. In any case, without prejudice to the provisions to be taken vis-à-vis the carrier, any dispute of the Customer on apparent defects must be made at the latest within 48 hours after the installation of the Products. If no claim is confirmed within this period by registered letter with acknowledgement of receipt, no claim for apparent defect will be accepted by IMEENS.
4.10. When delivery is effected by provision (incoterm EXW), IMEENS will inform the Customer of the date of provision, the latter undertaking to proceed
5 – INSTALLATION AND RECEPTION
5.1. If the supply of equipment is accompanied by the installation, it is the Customer’s responsibility to ensure verification, the proper storage and maintenance of the equipment until the intervention of IMEENS for the execution of the installation service and a potential troubleshooting intervention, until the signature of the final acceptance report.
5.2. Save for the special provisions contained in the sales contract, IMEENS must be able to carry out the installation work within the agreed deadlines during working hours and days (from 8:00 am to 6:00 pm, Monday to Friday). Failing this, the latter may give rise to an additional billing from IMEENS, and may lead to a delay of the execution times.
5.3. The Client shall provide IMEENS and those delegated by the latter under the contract with free and safe access to the facilities.
5.4. IMEENS will provide the Client with a report attesting to its intervention, in electronic format. If the state of the site does not allow the complete realization of the service(s), any new travel will be charged in addition.
6 – OTHER BENEFITS
6.1. IMEENS may make observations and recommendations to the Customer, in particular on the choice and location of the Products. IMEENS commits itself on the basis of an obligation of means in relation to the results expected by the Customer.
6.2. IMEENS undertakes to take the best care, in compliance with the rules of its art, in the performance of its Services for which it undertakes to devote necessary resources.
6.3. Export installation service: Technical assistance is possible for customers outside Metropolitan France on the basis of a flat rate for equipment below 100,000 euros. Over 100,000 euros, technical assistance is free. A professional will be sent to assist the customer with the installation. Technical assistance to the installation does not include tools or lifting equipment.
7 – RATES
Invoicing shall be made on the basis of the prices shown on the accepted sales contract in accordance with Article 2.1. Unless otherwise specified in an accepted sales contract, the price shall be in euros excluding taxes.
8 – TERMS OF PAYMENT
8.1. Down payment on order and balance before leaving the factory: the payment of a down payment of 40% of the total cost of the order is required on the day of acceptance of the sales contract by the Customer. The balance is due before leaving the factory, upon receipt of an invoice. No shipment will be made until the balance is paid.
8.2. Any amount not paid on its due date shall automatically incur default interest equal to the legal interest rate. Such interest shall be due until the day on which the amount due, including interest, is settled. In the event of default of payment within the prescribed period and 8 days after an unsuccessful formal notice, IMEENS shall have the option of demanding immediate payment of the outstanding balance, suspending the fulfilment of its obligations, suspending or cancelling pending orders, without prejudice to damages and/or termination of the contract.
9 – DURATION
Contracts with IMEENS shall be executed in accordance with the specific terms of each contract.
10 – PROPERTY RESERVE
In the case of a purchase, pursuant to Law No. 80-335 of 12 May 1980, it is stipulated and approved without reservation that IMEENS retains ownership of the Products until the full and effective payment of the price by the Customer.
By way of derogation from Article 1583 of the Civil Code, the transfer of the risks of loss and deterioration of the Products will be carried out as soon as the Products are delivered, the Customer must insure accordingly. The risk transfer is also valid for damage caused to third parties by the use of the Products.
11 – GUARANTEE AND LIABILITY
11.1. It is the Customer’s responsibility to communicate to IMEENS the characteristics of the Products and Services corresponding to its needs.
11.2. IMEENS products are guaranteed from original manufacturer 3 years parts (including labour and on-site travel, in Metropolitan France only, excluding specific access constraints and if the installation is carried out by IMEENS) from the date of delivery. IMEENS guarantees the customer against any defect or defect of conformity, resulting from a defect of material, of manufacturing design affecting the delivered products and making them unfit for use. To enforce the warranty, the customer must provide any justification as to the reality of the defects of conformity or hidden defects found.
11.3. In all cases, if it exists, this guarantee includes exclusively the exchange or restoration of the Product or a part of the Product recognized as non-compliant, without IMEENS being able to be considered by the Customer as responsible for any harmful consequences that these hidden defects could have caused. Defective products must be returned within a maximum period of one month from the acceptance of warranty support from IMEENS.
11.4. IMEENS shall not be liable if the defect originated in the cases indicated in the conditions of application of the Guarantee (available on the website).
11.5. Likewise, the Customer cannot claim any compensation in the event of immobilization of the Products due to the use of the guarantee.
11.6. In order to assert its rights, the Customer shall, under penalty of forfeiture of any action relating to it, inform IMEENS, in writing, of the existence of the defects within a maximum of 3 (three) days from the discovery. The written information must include evidence that it is a hidden defect and not a defect resulting from improper use, non-conforming use of the product, maintenance defect or normal wear and tear of the Products. The burden of proof lies with the Customer.
11.7. Replacement under this warranty for defective parts does not create a new warranty period.
11.8. Legal or contractual guarantees will be suspended in the event of partial payment or non-payment of the Products by the Customer.
11.9. In all cases, IMEENS‘ liability shall be limited to the obligations defined by the Contract. And does not cover any indirect and/or intangible damages. In any event, all financial consequences resulting from IMEENS’ liability under its various obligations may not exceed the amount of the contract.
11.10. IMEENS cannot be held responsible for any illicit or malicious dissemination with the products.
12 – FORCE MAJEURE
IMEENS shall not be liable for any contractual non-performance if such non-performance is the direct or indirect effect of a case of force majeure.
IMEENS reserves the right to modify, delay or suspend the execution of the order in cases of force majeure, as defined by the case law, as well as in the case of events characterized by impossibility of execution such as strikes, lockout, fires, floods, freezes, blockage of communication routes, etc. In the event of an extension due to a case of force majeure for more than sixty (90) days from the date on which the Service should have been performed, the contract may be resolved at the initiative of either party, without entitlement to compensation on either side.
In case of resolution of the sale, the Customer will be entitled to the reimbursement of the accounts possibly due, without being able to claim compensation.
13 – RESOLUTION
IMEENS has the right to terminate the contract without notice, by registered letter with acknowledgement of receipt in the event of total or partial non-performance of its obligations by the Customer, including its obligation to pay.
If the contract is terminated, IMEENS will be released from its obligation to deliver.
IMEENS shall not owe any compensation to the Customer for this fact.
14 – INDUSTRIAL PROPERTY
It is expressly provided that IMEENS’ trademarks, distinguishing marks and any other intellectual and industrial property rights remain the exclusive property of IMEENS. The contract does not grant the customer any ownership rights to trademarks, symbols, logos, photographs, designs, patents, datasheets and any other intellectual property rights. The Customer expressly authorises IMEENS and its business partners to use the Customer’s image for commercial purposes, as well as to reproduce without limitation in number, broadcast, use, excerpts or in full, around the world photographs of the construction sites’ achievements.
This authorization is granted to complimentary title applies to any media known or unknown to date (digital and/or analog, video, through any digital transmission and telecommunication network and system such as internet, intranet, display, and press)
15 –PERSONAL DATA
15.1. The information collected on the Customer is the subject of computer processing carried out by the IMEENS company and is essential for the processing of its order. This information and personal data is also stored for security purposes, in order to comply with legal and regulatory obligations.
They shall be kept for as long as necessary for the performance of the work ordered and any warranties applicable at the end of the work. The data controller is IMEENS (899 462 683 RCS Lyon), Sacuny park, 40/60 rue Henri Malartre 69530 Brignais, email@example.com
15.2. Access to personal data will be strictly limited to the employees of the controller, who are authorised to process them because of their duties. The information collected may be communicated to persons connected with the company by contract for the performance of subcontracted tasks, without the Customer’s authorization being necessary.
15.3. In accordance with Law No. 78-17 of 6 January 1978 on data processing, files and freedoms, as amended by Law No. 2004-801 of 6 August 2004, and by European Regulation No. 2016/. 679, the Customer has a right of access, rectification, erasure and portability of the data concerning him, as well as the right to object to the processing for legitimate reasons, rights that he may exercise by contacting the controller at the postal or email address mentioned above, together with proof of his valid identity. In case of complaint, the customer can contact the National Commission for Data Processing and Freedoms (CNIL).
16 – SETTLEMENT OF DISPUTES
16.1. Any dispute relating to any transaction covered by these general terms and conditions of sale will be subject to the sole jurisdiction of the Commercial Court of LYON.
16.2. By express agreement between the parties, this Agreement shall be governed by and governed by the laws of France. It shall be drawn up in French.