1. General:
1.1Any online order accepted by EUREP Industries ("EUREP") will be governed by these EUREP General Terms and Conditions of Online Sale ("GTC"), which apply to online orders on the www.outillage-eurep.fr website.
The Customer's online order implies his unreserved acceptance and acceptance in their entirety to these GTC and constitutes the only agreement governing the parties. No modification of the GTC may take place without the prior written consent of EUREP. The General Conditions of Purchase of the Customer and any other document emanating from the latter, are deemed unw écritd and not applicable. Only after EUREP accepts the Customer's order that the Parties will be contractually bound. You declare that you have read and accepted these GTC before placing your order. The validation of your order therefore implies acceptance of these GTC. A summary of the information of your order, will be communicated to you via the e-mail of confirmation of your order. The buyer creates an online account on our www.outillage.eurep.fr merchant site to place his order.
As soon as his order is placed, an acknowledgment of receipt of order will be sent to the online buyer within a maximum of 48 working hours in order to confirm or not the order depending on the availability of supplies. EUREP is contractually bound only in the event of a positive acknowledgement of receipt. This acknowledgment of receipt of order will include all the data relating to the order (quantity, price, deadline ...).
1.2- The prices indicated on the site are up to date. The prices indicated in the order are exclusive of taxes, firm and non-revisable. EUREP reserves the right to change its prices at any time but supplies will be invoiced on the basis of the rates in force at the time of your order validation.
1.3- Supplies will be delivered with their warranty, specification and conformity documents.
1.4- The minimum order amount per delivery is 500.00 Euros. In the event of non-compliance with these GTC, EUREP reserves the right to temporarily or permanently interrupt access to its online sales site to the buyer/customer concerned.
2.Receipt of supplies by the Customer
2.1. The characteristics of the supplies sold are set out in the specifications produced by EUREP on its online sales site.
2.2. All complaints concerning the quality of the supplies delivered by EUREP must, in order to be accepted and allow the application of 2.3, 2.4 and 2.5 below, be made within fourteen (14) days of the date of delivery of the supply. Type-approval may not be refused if the supply conforms to the manufacturer's specifications, has minor defects that do not make it unfit for its intended purpose or use. The receipt of the supply by the Customer releases EUREP from its obligations other than those provided for in these GTC. 2.3. If the Customer considers, after testing, that the delivered supply does not comply with the specifications defined in paragraph 2.1. of the GTC, he must return, after prior written agreement of EUREP, the supply to EUREP, subject to compliance with the following four cumulative conditions:
2.3.1. Each supply presumed to be defective must be attached the precise and technically irrefutable reason for the Customer's refusal.
2.3.2. The return will be made to EUREP in the original packaging complete and in good condition, at the Customer's expense.
2.3.3. Supplies must not have suffered any deterioration for any reason whatsoever (in particular during storage, control or dismantling operations, etc.)
2.3.4. The Customer must not have made any changes to the supplies.
2.4. In the event of a return of the supply found to be defective by EUREP, EUREP may, at its option, either replace or reimburse the supplies found to be defective by EUREP.
3.Delivery time The delivery time indicated by EUREP is understood from the date of the acknowledgment of receipt of the order by EUREP. Exceeding it can not lead to cancellation of the order, nor compensation including in case of force majeure. The delivery time set in the order may be extended:
• for any cause beyond the control of the Customer or EUREP (force majeure...);
• in case of modification of the order (additional supplies) accepted by EUREP;
• if EUREP suspends the performance of its obligations due to the Customer's breach of its obligations, including in the event of non-payment; If, as a result of circumstances not attributable to EUREP, the contractual deadlines are modified, the prices may be updated by EUREP.
4. Force Majeure: EUREP is not liable to the Customer for non-compliance with its contractual obligations in the event of the occurrence of an event of force majeure, i.e. an unforeseeable, irresistible, insurmountable event outside its control, preventing or making it impossible for it to perform its contractual obligations. EUREP's obligations under this order will be suspended from the notification of the case of force majeure. A case of Force Majeure may not give rise to any compensation of any kind whatsoever for the benefit of the Customer, who is bound by his order and can only suspend it in time upon prior written acceptance of EUREP and according to the conditions required by EUREP.
5. Transport and delivery:
5.1 Supplies are shipped free of charge and packaging on French territory at the Risk of the Customer. The transfer of risk from EUREP to the Customer takes place on the day of departure of the supplies from EUREP. It is the Customer's responsibility, after transport, to check the supplies shipped on arrival and to exercise, if necessary, the remedies against the carriers, even if the shipment was made free of charge. The supplies shipped are not insured by EUREP, they can be on the special instruction of the Customer who will then take the insurance costs at his own expense.
5.2 - Delivery The supplies are delivered to the delivery address you have indicated during the online ordering process The delivery time corresponds to the shipping time to which is added the processing and routing time of the supply. The deadline will be indicated in the EUREP order acknowledgement. In case of delivery by a carrier requiring an appointment with the customer, the latter will contact you as soon as possible to arrange with you a delivery appointment, 30 days at the latest from the date of your order validation. EUREP cannot be responsible for late delivery due exclusively to unavailability of the customer after several appointment proposals by the carrier. When you order several products at the same time and these have different delivery times, the delivery time of the order is based on the longest time. However, EUREP reserves the right to split shipments. In case of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you. In case of late delivery, we will offer you by email a new delivery time. We remind you that at the time you (or a third party designated by you) take physical possession of the supplies ordered, the risk of loss or damage to the products passes to you.
5.3 – Reservations: You must notify the carrier and EUREP of any reservations about the delivered product (example: damaged package, already opened...).
6. Retention of title clause: EUREP reserves ownership of the supplies until full payment of their prices, from the end of each order. EUREP may, in the event of non-payment of all or part of the price, claim the return of all or part of the supplies to the Customer, whether or not they have been the subject of a start of assembly or any use. However, the Customer remains responsible for the protection and insurance of the supplies thus delivered. EUREP retains ownership of any information, documents, plans or development implemented and transmitted to the Customer, as part of the execution of the order, entrusted to it. The Customer undertakes not to reuse these documents, plans, specifications or developments without the prior written consent of EUREP.
7. Terms of payment: Payments are made 100% at the time of the order unless prior written agreement is accepted by EUREP.
8. Insurance - Liability
8.1. Exercise of the guarantee: EUREP holds an insurance policy, taken out with a company known to be solvent, covering damage related to the execution of the order. The warranty, specified by EUREP in its order and in its offer, carries and is limited to the replacement or repair of the supply recognized as defective by it and does not entail any further liability on its part. The duration of EUREP's warranty is twelve (12) months from the date of delivery of said supply. Under no circumstances can EUREP be declared liable for the direct or indirect consequences, both on persons and on supplies and goods, of a failure of the supply sold. No compensation can be claimed as a result, in any capacity whatsoever.
8.2. Conditions of Employment: The provisions of this warranty may be invoked by the Customer only if the supplies are used under normal conditions. The Customer must comply with the corresponding professional employment recommendation or, failing that, with the EUREP technical instructions and in any case with the rules of use and art in this area concerning these supplies.
8.3. Liability and waiver of recourse: EUREP's liability is limited to the amount of the order concerned. Beyond this amount, the Customer and its insurers waive any recourse against EUREP.
9. Termination: EUREP reserves the right, without prejudice to the penalties for delay and damages to which it may be entitled, to terminate the order in the event of non-compliance by the Customer with the provisions of these GTC.
10. Protection of personal data: EUREP's online sales site complies with the General Data Protection Regulation (GDPR – EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016) and EUREP undertakes to cooperate in good faith to this end. The parties will not incur any contractual liability, insofar as compliance with the GDPR would prevent them from performing their obligations. Personal information and personal data concerning you are necessary for the management of your order and our commercial relations. In accordance with the regulations in force, you have the right to access and rectify and oppose personal data concerning you.
11. Security: Our site is subject to a reinforced security system protecting as effectively as possible all sensitive data related in particular to means of payment.
12. Availability: EUREP reserves the right to refuse orders. Our offers of supplies are valid as long as they are visible on the site, within the limits of available stocks. In the event of unavailability of the supply after placing your order, we will inform you by email. Your order will be automatically cancelled and any bank debit will only be made.
13. Attribution and jurisdiction: In the event of a dispute, the Parties undertake to try to resolve it amicably. Otherwise, the dispute will be resolved before the Commercial Court of the jurisdiction of the registered office of EUREP, regardless of the conditions of sale and the method of payment accepted, even in the event of a guarantee appeal or multiple defendants. The rights and obligations of the Parties are governed exclusively by French law.
14. Complaint handling: For any complaint you can contact customer service at the following coordinates: claim@eurep.fr.