Article 1 – Preamble
1.1. The company AWAHOTO, known under the trade name “&COLLAB, Asking”, a simplified joint stock company with a capital of 48,514 Euros, whose head office is located at Atalis 1 – 1 rue de Paris -35510 CESSON-SEVIGNE, registered with the RCS of RENNES under the SIREN number 838 090 363, whose intra-community VAT number is FR61838090363, carries out a main activity of sale of used high-tech equipment to a clientele composed exclusively of professionals.
1.2. The AWAHOTO Company can be contacted:
- By mail addressed to its head office;
- By email to the following address: firstname.lastname@example.org ;
- By phone, Monday to Friday from 9:00 am to 12:30 pm and from 1:30 pm to 6:00 pm.: (+33) 09 73 79 68 34.
Article 2 – Scope
2.1. These general conditions of sale apply to all sales of products and services (hereinafter referred to without distinction as the “Products”) offered by the company AWAHOTO (hereinafter referred to as “&COLLAB”) to any person, natural or legal, acting exclusively for professional purposes (hereinafter referred to as the “Client”). &COLLAB and the Customer may, together or separately, be referred to as the “Party” or the “Parties”.
2.2. The purpose of these general conditions of sale is to define the conditions under which &COLLAB provides professional Customers who so request, via the website https://ecollab.eu(hereinafter referred to as the “Site”), by telephone contact or in writing, the Products it markets.
2.3. These general conditions of sale constitute the sole basis of commercial negotiation. Within the framework of commercial negotiations, the Parties may agree on special conditions of sale on the basis of these general conditions of sale.
2.4. Any Order implies full and unreserved acceptance of these general conditions of sale, the Customer’s express waiver of any general and special conditions of purchase as well as any other document or prior exchange whatsoever, relating to the Order, or subsequent and not formalized by a written amendment signed by both Parties.
2.5. These general conditions of sale are only applicable to the placing of an Order. Any deviation from these general conditions of sale implies the signing between the Parties of a specific agreement. In the event of a contradiction between these general conditions of sale and the special conditions of the contract concluded with the Customer, the latter shall prevail without excluding the other provisions of these general conditions of sale which remain applicable.
2.6. These general conditions of sale are permanently accessible on the site https://ecollab.eu (hereinafter referred to as the “Site”) at the following address: https://ecollab.eu/cgv/ . The Customer has the option of saving and / or printing them. They are also systematically and in advance communicated to any person by formulating the request to allow him to place an Order.
2.7. The applicable general conditions of sale are those in force on the day of the Order validated by the Customer.
2.8. &COLLAB reserves the right to modify these general conditions of sale at any time. Prior to any Order, it is the Customer’s responsibility to take note of the general conditions of sale in force.
2.9. The fact that &COLLAB does not avail itself at a given time of any of the rights conferred on it under these general conditions of sale cannot constitute a waiver of subsequently availing itself of these same rights or of any other right.
Article 3 – User account (“My Account”)
3.1. The creation of a user account is free and reserved for professionals acting within the framework of their professional activity.
3.2. The creation of a user account is subject to the following cumulative conditions:
- the Client must choose a username and password which are strictly personal and confidential; he must also provide his e-mail address;
- he undertakes to provide accurate, up-to-date and complete information and, in particular, his surname, first name, billing address and, if it differs, his delivery address;
- he undertakes to constantly update his personal information on the site.
3.3. At the end of the registration formalities, a personal “My account” space is created on the Site. An email confirming the creation of the user account is sent to the Customer using the email address provided by the latter in the registration form.
3.4. The user account is accessible by the Customer by entering his username and password. If the Customer loses his password he will have to click on “lost password?” »Then follow all the instructions provided by &COLLAB to reset your password. If the Customer forgets his e-mail address or the identifier that he used for the creation of his user account, he must contact &COLLAB who will communicate this information to him.
3.5. The Customer will be solely responsible in the event of inaccurate, incomplete or obsolete information concerning in particular his quality of professional or his contact details. The Customer releases &COLLAB from all liability in this regard and undertakes to guarantee &COLLAB from all the consequences that it could suffer as a result.
3.6. The Customer is forbidden to usurp the identity of a third party, to create an account for any person other than himself, to provide an email address of which he is not the holder and to create several user accounts. The Customer acknowledges being solely responsible, in particular in the event of fraud or identity theft. It is recalled that the fact of usurping the identity of a third party is punishable by one year’s imprisonment and a fine of 15,000 Euros by article 226-4-1 of the Penal Code, in particular when this offense is committed. on an online public communication network.
3.7. The Customer agrees not to communicate his password and not to let a third party use his user account or let him compromise the security of his user account. The Customer is solely responsible for his username and password and for any fraudulent use of these.
3.8. The Customer undertakes to immediately notify &COLLAB of any fraud or identity theft or of any suspicion of fraud or identity theft in order to allow &COLLAB to take the necessary measures.
3.9. &COLLAB can in no way be held responsible for the consequences of fraud or identity theft.
3.10. Any infringement or suspicion of infringement is likely to give rise to the permanent deletion of the User Account. The definitive deletion of the User Account entails the loss, without any recourse, of the access by the Customer to all the content that could have been received, downloaded, sent by the Customer on the Site. Customers are therefore advised to always keep a personal copy of this content.
3.11. The deletion of a User Account by &COLLAB prohibits the Customer from re-registering on the Site, except with the written consent of &COLLAB.
3.12. The Customer can close his User Account at any time, by email to email@example.com or by mail to SAS AWAHOTO, Atalis 1 – 1 rue de Paris – 35510 CESSON-SEVIGNE. The closure of the User Account takes effect no later than 30 days after receipt of the Customer’s email or letter, as soon as no order is in progress. Otherwise, the closure of the account takes effect no later than 30 days after the issuance of the invoice relating to the last order.
Article 4 – Products
The Products offered for sale by &COLLAB are those appearing on the Site (hereinafter “Catalog Products”).
&COLLAB may also market Products not appearing on the Site (hereinafter “Products not in the catalog”), at the Customer’s specific request.
4.1. Catalog products
4.1.1. The essential characteristics of the Products are those which appear on the Site. The Customer acknowledges having read, before validating the Order, these essential characteristics stated on the Site (brand, model, quantity, price, possible options) and expressly declares to accept them without reservations.
4.1.2. The Products are presented on the Site in the form of a Product sheet, comprising one or more photographs of each Product, a description of each Product, the possible options (grade, capacity, color) and the unit prices excluding VAT according to the options chosen.
4.1.3. The descriptions of the Products in the catalog are given for information only and may be revised at any time.
4.1.4. The photographs of the Products are not contractual and are not opposable to &COLLAB. They cannot be used as a reference to assess the condition of the Products sold or delivered.
4.1.5. The condition of the Products is assessed according to the grades explained at the following link : https://ecollab.eu/grades/
Only this description can be used to determine the grade of the Products.
4.1.6. The Products are sold without accessories (cables, headphones, controllers, etc.) and without their original box.
4.1.7. Product offers are valid as long as they are visible on the Site, within the limits of available stocks, excluding promotional operations mentioned as such on the Site. The availability of the Products is displayed for information only on the Site, on each Product sheet. The responsibility of &COLLAB can not be engaged by the Customer in the event of unavailability of a Product.
4.1.8. &COLLAB freely determines the evolution of the ranges and references of Products offered on the Site. &COLLAB thus reserves the possibility of ceasing the marketing of any Product offered to the Customer, appearing on the Site or the commercial documents, and / or of modifying the characteristics of these Products at any time, without the Customer being able to engage the responsibility of &COLLAB in this regard and / or claim the payment of damages.
4.1.9. The Products offered by &COLLAB comply with the regulations applicable in metropolitan France. It is up to the Customer who intends to export the Products purchased to check the compatibility and compliance of the Products with the legislation of the country of destination. The responsibility of &COLLAB can not be engaged by the Customer in the event of export of Products not compatible or not in conformity with any legislation not applicable in France, which the Customer recognizes and accepts expressly.
4.1.10. Under no circumstances may unsold items be taken back by &COLLAB.
4.2. Non-catalog products
4.2.1. The catalog appearing on the Site does not present all of the Products marketed by &COLLAB. The provisions relating to the Products in the catalog appearing in 4.1.4., 4.1.5., 4.1.6., 4.1.9. and 4.1.10 above are applicable to Products not in the catalog.
4.2.2. The Site offers a “Sourcing” tab allowing the Customer to formulate a request relating to one or more Product (s) not in the catalog.
4.2.3. The request form includes a zone entitled “Remarks” allowing the Customer to formulate questions, observations and special requests. Customers are advised to describe their needs precisely, including specific ones, so that &COLLAB is able to provide them with any useful advice relating to the suitability of the Products sought for their expectations. Under no circumstances can & COLLAB be held liable by the Customer when the latter has ordered a Product which does not correspond to his needs and expectations of which &COLLAB would not have been aware.
4.2.4. In the event that &COLLAB is able to offer the Product (s) sought by the Customer for sale, &COLLAB communicates to the Customer:
- the quantities available;
- the unit price excluding tax of each Product;
- where applicable, the indicative delivery time;
- where applicable, the applicable VAT regime;
- a copy of these general conditions of sale on a durable medium.
4.2.5. If the Customer agrees, the Customer may order the Products sought in accordance with the terms described in Article 5 below.
Article 5 – Order (s)
5.1. The Customer can place an Order:
- on the site https://ecollab.eu ;
- by email to firstname.lastname@example.org ;
- by mail addressed to SAS AWAHOTO, Atalis 1 – 1 rue de Paris – 35510 CESSON SEVIGNE;
- by phone, Monday to Friday from 9:00 a.m. to 12:30 p.m. and from 1:30 p.m. to 5:00 p.m., at (+33) 06 08 81 17 75 or (+33) 06 69 01 31 71.
5.2. The Customer is solely responsible for the accuracy of the information that he communicates when ordering (name, first name, contact details, delivery address, etc.) and the consequences thereof (delay, impossibility or error of delivery etc.). In the event of error or inaccuracy, all costs incurred by &COLLAB, in particular for the reshipment of the Product (s), will be entirely the responsibility of the Customer.
5.3. Unless proven otherwise, the data recorded in &COLLAB’s computer system constitutes proof of all transactions concluded with the Customer.
5.4. An Order accepted by &COLLAB cannot be modified or canceled by the Customer without the agreement of &COLLAB. Any modification of the Order by the Customer and accepted by & COLLAB, may result in additional invoicing and involve a new delivery time.
5.5. &COLLAB reserves the right to refuse to honor an Order, in particular in the following cases:
- any Order which does not comply with these general conditions of sale or which is abnormal in nature;
- when a previous Order has not been fully paid;
- when a dispute relating to a previous Order is in progress;
- in the event of a manifest price error;
- in the event of insufficient information to allow the execution of the Order.
5.6. Order placed on the Site
5.6.1. It is up to the Customer to carefully read the description of the Products and its detailed technical characteristics on the Site and to check that the Product (s) he wishes to order correspond (s) to his needs and expectations. Under no circumstances can &COLLAB be held liable by the Customer when the latter has ordered a Product which does not correspond to his needs and expectations of which &COLLAB would not have been aware.
5.6.2. The sheet for each Product allows you to choose the Product options (grade, capacity, color) and then add one or more copies to the Basket, within the limit of available stocks.
5.6.3. The Basket summarizes the information concerning the purchase, in particular the quantities ordered by reference, the details of the prices, the delivery costs, the terms of payment. The Basket is accessible and modifiable at any time prior to the Order, at the top right of the screen.
5.6.4. Prior to the validation of his Order, the Customer:
- can enter their promotional code, if applicable;
- must fill in the elements that will appear on the invoice (his surname, first name, the corporate name of his company, his SIREN number, his intra-community VAT number, the address of his company’s head office, his telephone and electronic contact details);
- must, in the event of a discrepancy between the address of the registered office of his company and the delivery address, provide the delivery address in particular;
- displays a summary of its Order showing the description of the Products covered by the Order, the options chosen (grade, capacity, color), the quantity of Products, the total price excluding VAT of the Order as well as, where applicable, the amount of VAT ;
- must choose a delivery method and a payment method;
- must read and accept these general conditions of sale by checking the box provided for this purpose ” By checking this box, I certify that I have read and agree to the general conditions of &COLLAB “.
5.6.5. The Customer can then validate his Order by clicking on “Order”.
5.6.6. The validation of the Order implies acceptance of these general conditions of sale.
5.6.7. Any order placed on the Site only becomes firm and final once accepted by &COLLAB and subject to the availability of the Products in stock. This acceptance takes the form of an order confirmation sent by &COLLAB to the Customer, by email containing a summary of the Order.
5.7. Order by mail or email
5.7.1. Any Order made by mail or email must specify:
- the date and number of the order;
- the Client’s corporate name, the address of its registered office, its SIREN number, its intra-community VAT number, its telephone number and its e-mail address;
- the precise delivery address, if it is different from the address of the registered office, as well as the telephone number and e-mail address of the recipient of the Products;
- the description of the Products ordered (brand, model), the options chosen (grade, storage capacity, color) as well as the quantity (s) of the Products ordered;
- the following statement: ” I declare that I have read and fully and unreservedly accept the general conditions of sale of &COLLAB which I have previously consulted online or which have been sent to me beforehand “.
The Customer may not in any way invoke the failure to supply &COLLAB with one of the elements mentioned above.
5.7.2. Any Order made by mail or email constitutes acceptance of these general conditions of sale.
5.7.3. Any order made by mail or email only becomes firm and final once accepted by &COLLAB and subject to the availability of Products in stock. The acceptance of the Order by &COLLAB results from its confirmation or its execution by &COLLAB.
5.8. Order by phone
5.8.1. When placing any Order by telephone, the Customer provides &COLLAB with the information shown in 5.6.1. above as well as its bank details for the purpose of paying the Order. The Customer may not in any way invoke the failure to supply &COLLAB with one of the elements mentioned 5.6.1. above.
5.8.2. By providing their banking information, the Customer authorizes &COLLAB to debit their bank account for the price of their Order.
5.8.3. &COLLAB sends the Customer an email containing a summary of his Order.
5.8.4. Any order made by telephone only becomes firm and final once confirmed in writing by the Customer and accepted by &COLLAB, subject to the availability of the Products in stock. The acceptance of the Order by &COLLAB results from its confirmation or its execution by &COLLAB.
Article 6 – Price
6.1. The prices of the Products in the catalog are accessible on the Site and the prices of the Products not in the catalog are communicated to the Customer prior to any order.
6.2. Prices are expressed in Euros, excluding taxes (HT) and excluding costs of any kind.
6.3. The prices are increased by the value added tax at the rate in force on the date of establishment of the invoice, when this tax is applicable.
6.4. Delivery costs are indicated on the Site in the context of placing an Order directly online or on any document sent by &COLLAB to the Customer.
6.5. Any other tax, duty, duty, other service payable or declaration obligations (in particular customs) imposed by French law or the law of another Country are the responsibility of the Customer.
6.7. Any bank charges linked to the payment of the price of the Products, in particular currency conversion charges, are the responsibility of the Customer.
6.8. The Customer may benefit from discounts or rebates, depending on the quantities purchased and delivered, at one time and in one place, and the regularity of his Orders.
6.9. &COLLAB reserves the right to modify the prices of the Products at any time. The Products are invoiced on the basis of the prices in force at the time of validation of the Order by the Customer.
6.10. Customers located in the French overseas departments and territories or outside the European Union who wish to order the Products offered by &COLLAB must contact &COLLAB to define the conditions of sale and delivery of the Products.
Article 7 – Payment – Invoicing
7.1.1. Unless otherwise agreed, the price of Orders is payable in cash, at the time the order is placed, before the Products are shipped.
7.1.2. Payment is made:
- by credit card (Visa, Mastercard, Blue card) in accordance with the general conditions of the SSL payment system;
- Wire Transfer.
7.1.3. The entry of banking information takes place on a secure server using the SSL (Secure Socket Loyer) encryption process, ensuring the security and confidentiality of the information provided during the banking transaction.
7.1.4. Payment is deemed to have been made when the funds are at the effective disposal of &COLLAB on its bank accounts.
7.1.5. No discount will be granted for early payment or for cash payment.
7.1.6. In the event that the payment authorization is refused by the Client’s Bank, the Order will be purely and simply void.
7.2. Invoice (s)
7.2.1. An invoice is established by &COLLAB and made available to the Customer in his User Account and / or delivered to the latter by email.
7.2.2. In the event of an agreement derogating from the cash payment of the price, any unpaid invoice, in whole or in part, on the due date, automatically entails, without prior notice:
- the application of late payment penalties calculated by applying a rate equal to three times the legal interest rate in force on the amounts still due and for a period corresponding to the number of days of delay observed between the due date on the invoice and actual payment on the value date;
- the legal lump sum compensation of forty (40) euros for recovery costs, without prejudice to &COLLAB’s ability to claim additional compensation on supporting documents;
- the immediate payment of any sums due.
7.2.3. In the event of non-payment of a fraction or all of any of the agreed deadlines, and fifteen (15) days after a formal notice by registered letter remains unsuccessful, in whole or in part, &COLLAB reserves the right to the right to pursue the forced execution of the sale or the termination of the sale. In the latter case, the Product must be made immediately available to &COLLAB, unless &COLLAB requires the return of the Products at the Customer’s risk and expense. This claim may be made by any means (registered letter, fax, summons from a bailiff, contradictory inventory, etc.), at the expense and risk of the Customer. All sums already paid by the Customer (in particular down payments) will remain acquired as damages, without prejudice to the right of &COLLAB to claim additional justified damages.
7.2.4. &COLLAB will also have the ability to:
- claim compensation for any damage other than that caused by late payment;
- refuse any new order or suspend the execution of Orders in progress until payment of all the sums due.
Article 8 – Transfer of property and risks
8.1 Transfer of ownership
8.1.1. &COLLAB reserves ownership of the Products delivered until full payment of the price in principal, interest and accessories, even in the event of granting of a payment period.
8.1.2. The Customer undertakes to allow, at all times, the identification and claim of the Products delivered. By express agreement, the products in stock with the Customer are deemed to relate to unpaid invoices.
8.1.3. The Customer undertakes to automatically assign to &COLLAB any claim (s) that it may have against the sub-purchasers of the Products under retention of title, up to the amount remaining due to &COLLAB.
8.1.4. The Customer undertakes to immediately inform &COLLAB when one of the following events occurs:
- the Client is subject to reorganization or compulsory liquidation or any other equivalent procedure;
- Products subject to retention of title are subject to seizure for the benefit of a third party.
8.1.5. The Customer is prohibited from pledging or assigning as security the Products subject to retention of title.
8.1.6. The preceding stipulations do not prevent the transfer to the Customer of the risks of loss and deterioration of the Products sold as they result from article 8.2. below.
8.2. Risk transfer
8.2.1. The risk of theft, loss, deterioration or destruction of the Products is transferred to the Customer when the Products are handed over to the first carrier. As a result, the goods travel at the risk and peril of the Customer, regardless of the terms of payment for the purchase price of the Products and the price of transport.
8.2.2. The Customer undertakes to insure, with a reputable company, against all risks relating to the transport, loss, theft or partial or total destruction of the Products ordered.
Article 9 – Delivery – Transport – Reception
9.1.1. The Customer chooses one of the delivery methods offered by &COLLAB when ordering. He is informed of the delivery costs before the validation of his Order.
9.1.2. The Products offered can be delivered on the territory of the European Union. Customers located in the French overseas departments and territories or outside the European Union who wish to order the Products offered by &COLLAB must contact &COLLAB to define the conditions of sale and delivery of the Products.
9.1.3. The Products are delivered to the delivery address indicated by the Customer during the Order process.
9.1.4. At the end of the preparation of the Order by &COLLAB, the Products in stock are delivered by a carrier within a period of between six (6) and ten (10) working days (to be based on the indicative deadlines of the carriers). The other Products are delivered within a reasonable time.
9.1.5. Delivery times are indicative. Even in the event of written acceptance of firm deadlines, &COLLAB is automatically released from any commitment relating to delivery deadlines in the following cases: technical contingencies, failure of &COLLAB’s suppliers, out of stock, carrier failure, force majeure, fortuitous event, inaccuracy or lack of information to be provided by the Customer, delay at the request of the Customer, lack of payment or incomplete payment, delays related to customs formalities.
9.1.6. &COLLAB reserves the right to split shipments corresponding to the same Order. In this case, the delivery costs will only be invoiced for one shipment.
9.1.7. The Customer who refuses, returns the Products or automatically deducts sums from the invoice amount for non-compliance with a delivery date or non-compliance of the Products is reminded of his liability with regard to de &COLLAB as soon as the complaint raised is not established. In any case, the return of the Products can only take place on condition of having been the subject of the express and prior agreement of &COLLAB, in compliance with the stipulations of article 10.2.3 below.
9.2.1. Transport is provided by a transport provider.
9.2.2. The Products sold by &COLLAB travel at the risk and peril of the Customer as soon as they are handed over to the first carrier by &COLLAB, in accordance with article 8.2. above.
9.2.3. The transport provider will be solely responsible for any damaging fact that occurs during transport.
9.3.1. The Customer must check, in the presence of the carrier, the conformity of the Product (s) with the Order.
9.3.2. In the event of delays, damage, missing items or theft, it is the Customer’s responsibility to record his protests and reservations with the carrier, on the receipt document that he must date, sign and have countersigned by the carrier or his attendant driver. He must also confirm his protests and reservations to the carrier by registered letter or by extra-judicial act within three (3) days, not including public holidays. A copy of the registered letter or of the extra-judicial document must be sent simultaneously to &COLLAB.
9.3.3. The Customer is informed that &COLLAB cannot be held responsible for any damaging fact that occurs during transport and that compliance with the formalities mentioned in 9.3.2. above is necessary to engage the liability of the transport provider.
9.3.4. In addition to the reservations to be made with the carrier, any complaint by the Customer relating to the compliance of the Products with the Order must be made in accordance with the provisions of Article 10.2.3 below.
Article 10 – Complaints and product returns
10.1. Hidden defects
10.1.1. Except for provisions of public order, &COLLAB will not be bound by the guarantee for the hidden defects of the Products sold which make them unfit for the use for which they are intended, or which reduces such use to such an extent that the Customer would not have them. acquired, or would have given only a lower price, if he had known them.
10.1.2. Thus, the Customer will not benefit from any guarantee against hidden defects in the Products.
10.2. Conformity of Products to Order
10.2.1 The lack of conformity of a Product with the Order is assessed with regard to the characteristics specified by the contract concluded between the Parties.
10.2.2. It is recalled that the obligation of compliant delivery does not concern:
- damage, missing items, loss or theft occurring during transport or after delivery of the Product to the Customer by the carrier;
- appearance and / or functional defects corresponding to the grade chosen by the Customer when placing his Order or indicated to him when placing his Order;
- the natural deterioration of the capacity of consumables and their replacement, such as batteries and cells in particular;
- defects resulting from the use of the Product in violation of the precautions for use, from abnormal use or not in accordance with the use for which the Product is intended;
- defects which are the consequence of modification and / or repair of the Product by the customer or by a third party;
- defects which are the consequence of the installation, uninstallation, modification of the operating system or of any software, programs, applications or codes of the Product by the Customer or by a third party;
- defects and their consequences linked to any external cause including cases of force majeure;
- non-compliance of the Products with standards and regulations which come into force after their delivery to the Customer.
10.2.3. Under penalty of inadmissibility, and without prejudice to the reservations to be formulated by the Customer to the carrier as explained in 9.3.2. above, any complaint relating to the conformity of the Products with respect to the Order must be brought to the attention of &COLLAB in writing within three (3) calendar days of their receipt.
10.2.4. The complaint must be accompanied by a request for the return of the Products (hereinafter referred to as “RMA Form”) made:
- on the Site at the following address: https://ecollab.eu/after-sales_service/ ;
- by email to email@example.com ;
- by mail addressed to SAS AWAHOTO, Atalis 1 – 1 rue de Paris – 35510 CESSON SEVIGNE.
The RMA Form must include the following information for each Product:
- the model ordered;
- the grade ordered;
- the IMEI number of the Product ordered;
- the invoice number;
- the reason for the return request.
10.2.5. Any Product that has not been the subject of a complaint in the forms and deadlines indicated above will be deemed to comply with the Order.
10.2.6. In addition, it is the Customer’s responsibility to provide any justification as to the reality of the lack of conformity that is the subject of the complaint.
10.2.7. It is expressly agreed between the Parties that any lack of conformity related to the functionality of a Product must be justified by means of a test report carried out using one of the following software [to be completed].
10.2.8. Any defect other than those related to the functionality of a Product may be established by any means.
10.2.9. Products delivered for which the lack of conformity has been duly proven by the Customer may be returned under the conditions provided for in article 10.3 below.
10.3. Return of Product (s)
10.3.1. Returns of non-conforming Product (s) are only authorized and accepted after prior written agreement from &COLLAB. In the absence of agreement from &COLLAB, the returned package will be refused and returned to the Customer at its own expense and risk or made available to the Customer at its own expense and risk.
10.3.2. Returns of Product (s) accepted by &COLLAB are made at the expense and risk of the Customer.
10.3.3. The Product (s) must be returned to &COLLAB by the Customer, without having undergone any modification, within fifteen (15) calendar days of acceptance of the return by &COLLAB .
10.3.4. &COLLAB will repair the Product (s) or, when repair proves impossible, replace at its expense, the non-conforming Product (s) as soon as possible, without the Customer being able to claim any any compensation or cancellation of the Order.
10.3.5. In the event that &COLLAB would not be able to replace the non-compliant Products, &COLLAB will choose at its discretion:
- either give the Customer a voucher of a value equal to the purchase price of the non-conforming Products, valid for 60 days;
- or to reimburse non-compliant Products at their purchase price.
Article 11 – Liability of &COLLAB
11.1. The Customer is required to carefully read the notices relating to the technical characteristics of the Products provided by the manufacturer of the Products and to strictly comply with the conditions of use defined by the latter. The Customer will be solely responsible for the consequences related to non-compliance with the conditions of use, abnormal use of the Products and / or abnormal or inappropriate storage conditions. The responsibility of &COLLAB would not be engaged by the Customer in the event of non-compliance with its instructions, which the Customer expressly acknowledges and accepts.
11.2. The Customer, as a professional, himself undertakes to have sufficient insurance covering his activity and the risks associated with any defect in the Product.
11.3. The Customer is required to diversify its sources of supply. As no exclusive supply obligation or purchase quota is imposed by &COLLAB on the Customer, &COLLAB cannot be held liable by the Customer when the latter is in a situation of economic dependence due to a strategic choice and / or ‘a trade policy that he will have freely implemented.
11.4. Subject to imperative legal provisions, the total and cumulative liability of &COLLAB, whatever the cause, is limited to the amount paid by the Customer to &COLLAB for the order concerned. In no case will the right to compensation from &COLLAB give rise to indirect and / or immaterial or moral damages, namely in particular financial or commercial damages such as loss of profit, loss of order, loss of operation, loss of data, loss of earnings, damage to image, interruption of service, as well as damages of the same nature resulting from an action, judicial or extra-judicial, directed against &COLLAB by the Customer because of the damage suffered by a third party.
11.5. Furthermore, &COLLAB cannot be held liable in the event of any damage to the Customer’s data, the latter having to safeguard them at its own expense.
11.6. &COLLAB cannot be held responsible for the information that is published on websites that are directly or indirectly linked to the Site.
Article 12 – Insurance
&COLLAB is insured with SARL ASSUR’AND FINANCES, a limited liability company with a capital of 500,000 Euros, whose head office is located in Quartier de la Monniais, 4 Place Carrick On Shannon – 35510 CESSON SEVIGNE, registered with the RCS of RENNES under the SIREN number 483 496 709, for risk coverage [to be completed with an insurance certificate].
Article 13 – Unpredictability
In the event of a change in unforeseeable circumstances during the conclusion of the contract, the Party which has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.
Article 14 – Force majeure
14.1. The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
14.2. The Party noting the event must immediately inform the other Party of its impossibility to perform its obligations and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
14.3. The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause for the suspension of their reciprocal obligations has disappeared, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented party will notify the other of the resumption of its obligation in writing.
14.4. If the impediment is final, the present will be purely and simply resolved, except contrary and joint will of the Parties.
Article 15 – Validity of the general conditions
In the event that one or more stipulations of these general conditions of sale would be considered null, invalid or declared as such in application of a law, a regulation or following a final decision of a court competent, the other stipulations would retain all their force and scope.
Article 16 – Intellectual property rights
16.1 The Customer acknowledges that &COLLAB does not hold all the intellectual property rights and other distinctive signs covering the Products sold by &COLLAB, including the product visuals. Consequently, the sale by &COLLAB of the Products to the Customer does not entail for the benefit of the latter any transfer or concession of any intellectual property rights relating to said Products.
16.2. The Customer undertakes not to make any use of the Products which would infringe in any way whatsoever the intellectual property rights of the manufacturer and more precisely which would discredit or devalue the Products and the rights attached thereto. In the event of non-compliance with this stipulation, the Customer will be solely responsible for all the consequences that may arise therefrom and will therefore guarantee &COLLAB, which the Customer expressly acknowledges and accepts.
16.3. The Customer acknowledges that all the elements of whatever nature making up the Site, such as the structure of the Site and its graphic charter, are the property of & COLLAB and are protected by intellectual property rights. &COLLAB grants the Customer a simple non-exclusive right to use the Site in accordance with the latter’s destination. Any other use of the Site constitutes an infringement and is sanctioned by the Intellectual Property Code, without the prior and express authorization of &COLLAB.
Article 17 – Protection of personal data
17.1. Pursuant to the law of January 6, 1978 amended by the law of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his requests relating to the Products offered by &COLLAB, his Order and the establishment bills.
17.2. The processing of information communicated through the website https://ecollab.eu meets legal requirements for the protection of personal data, the information system used ensuring optimum protection of this data.
17.3. The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.
17.4. This right can be exercised under the conditions and according to the methods defined on the website https://ecollab.eu .
Article 18 – Applicable law – Language
18.1. By express agreement between the Parties, these general conditions of sale, the contract and the transactions resulting therefrom are governed by French law.
18.2. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.
18.3. These general conditions of sale are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Article 19 – Limitation – Disputes
19.1. By way of derogation from article L. 110-4 of the Commercial Code, the obligations of the Parties are prescribed by two (2) years from the date of the Order.
19.2. In the event of a dispute concerning the existence, validity, interpretation, execution or breach of these general conditions of sale, the contract and the operations resulting therefrom, the Parties shall endeavor to resolve the issue amicably. dispute within one (1) month from the date of its occurrence.
19.3. In the absence of an amicable agreement within this period, the Commercial Court of RENNES will have exclusive jurisdiction, whatever the conditions of sale, the place of the Order or delivery and the method of payment accepted, even in the event of an appeal. as a guarantee or as a plurality of defendants.
Article 20 – Client declarations
20.1. The Customer declares to act in his capacity as a professional in the same sector of activity as that of &COLLAB and to have all the technical skills and information necessary to ensure the suitability of the Products ordered for his needs and to assess the defects of the Products.
20.2. These general conditions of sale are expressly accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to invoke his own general conditions of purchase, which will be unenforceable against &COLLAB, even if the latter is aware of it.
20.3 The Client, a natural person, declares that he is able to enter into a legal contract under French law and, where applicable, validly represent the natural or legal person for whom he is committed.