CELETTE GENERAL TERMS & CONDITIONS OF SALES

Legal Entities (The “Company”):
• Celette SAS – France
• Celette Inc. – USA
• Celette PVT – India
• Celette Auto Equipment (Jiaxing) – China
• Azimuth Asia Pacific – Thailand

 

Article 1 – Entirety

These general terms and conditions express the entirety of the obligations of the parties (hereinafter the “GTC”). They constitute the sole basis of the commercial relationship between the parties, each of whom is a professional, with all the ability to learn about the content and scope of these terms. In this sense, the buyer is deemed to accept them without reservation. The GTC takes precedence over any other document, including any terms and conditions of purchase. They apply without restriction or reservation to all services rendered by the seller to buyers of the same category. The seller and the buyer agree that the GTC exclusively governs their relationship. The seller reserves the right to modify the general terms and conditions. They will be applicable as soon as they are posted online. The GTC are communicated to any buyer to allow him to place an order.

 

Article 2 – Purpose and content

The purpose of the GTC is to define the rights and obligations of the parties in connection with the online sale of goods and materials offered by the seller to the buyer.

 

Article 3 – The order

The buyer places his order online, from the online catalog and using the form on the site. For the order to be validated, the buyer will have to accept, by clicking in the place indicated on the site, the GTC. Its acceptance will result in the sending of a confirmation email from the seller. The buyer will have to choose the address and the delivery method. Payment is made by direct debit. Any order implies acceptance of prices and description of products available for sale. In some cases, including non-payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved. In case of unavailability of a product ordered, the buyer will be informed by email. The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.

 

Article 4 – Electronic Signature

The online supply of the buyer’s bank details and the final validation of the order will be proof of the agreement of the buyer: payment of sums due under the purchase order; signature and express acceptance of all the operations carried out.

 

Article 5 – Order Confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing that, to the address indicated by the buyer in the order form.

 

Article 6 – Proof of the transaction

The computerized records kept in the seller’s computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done which can be produced as evidence.

 

Article 7 – Product Information

The products governed by the GTC are those listed on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stock. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller’s liability will not be compromised. The photographs of the products are not contractual. The seller reserves the right to make, without notice, any technical modification necessary for the improvement of its products. For example, in the event of modification of a vehicle by its manufacturer, the seller will be able to deliver the material with its new assembly under a new reference and a new price.

 

Article 8 – Price

8.1 Calculation: The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date. Prices are in euros or US Dollars. They do not take into account the delivery costs, the installation or the start-up of the equipment, which is invoiced in addition, and indicated before the validation of the order. Payment of the full price must be made when ordering. At no time, can the sums paid be considered as a deposit or installments. Any order whose amount does not reach 150 € net sales price is automatically refused.
8.2 Discount: No discount will be applied for early payment.

 

Article 9 – Method of payment

9.1 Regulations: This is an order with payment obligation, which means that the placing of the order involves a settlement of the buyer. Payment of the order is made only by withdrawal from the bank account of the buyer. The buyer must enter his bank details in the place provided. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization from officially accredited bodies or in case of non-payment. The seller has implemented an order verification procedure to ensure that no one uses the bank details of another person without his knowledge. The order will be validated only after receipt and verification by the seller of the parts sent.
9.2 Time limits: The price is payable in full and in one installment upon shipment of the order. Any late payment will result in the immediate payment of all amounts due to the seller by the buyer. In addition, any late payment may give rise, automatically and without formality, to reimbursement for administrative and financial costs of at least 1.5 times the legal interest rate, plus three points.

 

Article 10 – Availability of products

Except in case of force majeure, shipping times will be, within the limits of available stocks, those indicated on the site. In case of delay, the responsibility of the seller can not be engaged for any reason whatsoever. Therefore, no claim for compensation of any nature whatsoever may be submitted or claimed by the buyer. In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either a refund within 30 days or the exchange of the product.

 

Article 11 – Terms of delivery (EXW / DDP)

The delivery is made only after confirmation of the payment by the bank of the seller.

Ex Works (EXW): The buyer is responsible for organizing and paying for transport; risk passes to the buyer when equipment is handed to the carrier.

Delivered Duty Paid (DDP): The seller organizes transport; risk passes to the buyer upon physical delivery to the location.

Verification: At the time of delivery, the buyer must check the condition of the original packaging and items. If damaged, the buyer must refuse the package and specify the situation on the delivery note. This physical package check is considered to have been made once the buyer has signed the delivery note. The buyer must then send by registered mail this information to the carrier no later than two working days after receipt and send a copy to the seller.

 

Article 12 – Delivery Errors

The buyer must communicate with the seller the same day of the delivery or at the latest the first working day following the delivery, any claim of error of delivery and / or non-conformity. Any claim made after this time will be rejected. The complaint can be made by email to: [email protected].

 

Article 13 – Retention of title clause

The material will remain the property of the seller until full payment of its price by the buyer has been fulfilled, regardless of received partial payments. The buyer shall refrain from disposing of or encumbering the equipment in any way whatsoever, until this condition is fulfilled. The risk of loss, theft or destruction will be the responsibility of the buyer. In case of non-payment, the buyer will return the material to the seller at the first request.

 

Article 14 – Product Warranty

The seller warrants the buyer against any lack of conformity of the products and any hidden defects. Staff Certification: The buyer warrants that its staff is trained and certified to use Celette hardware and software. No warranty is granted for cylinders and hand pumps including T10S and T04S. The use of CELETTE equipment with non-conforming accessories or from other manufacturers automatically waives the warranty. The seller’s warranty is limited to the amount paid by the buyer for the goods.

 

Article 15 – Right of withdrawal

As the buyer is a professional purchasing for the needs of his profession, the right of withdrawal provided by the Consumer Code does not apply.

 

Article 16 – Force majeure

Any unforeseeable circumstances beyond the control of the parties preventing performance shall be considered grounds for exoneration. Force Majeure includes war, strike, flood, earthquake, etc. If force majeure exceeds three months, the terms may be terminated.

 

Article 17 – Applicable law and Jurisdiction

Applicable Law: Local law of each company registered office applies.

Jurisdiction: Disputes are submitted to the competent court at the location of the seller’s registered office.