Terms of Sales

 

 

Article 1 - Application / enforceability of the conditions of sale

These general conditions of sale (hereinafter "CGV") apply to sales of ordered products (hereinafter the “Product”(s) ») at Hard Corner (hereinafter referred to as the "Seller"). They apply exclusively to orders delivered in mainland France, outside Corsica, for customers purchasing products as part of their professional activity (hereinafter the "Buyer"(s) »). In the absence of prior written acceptance by the Seller of a derogatory agreement, ordering from the Seller implies the Purchaser's unreserved acceptance of the latest version of the GTC to the exclusion of all other documents issued by the Purchaser.

Article 2 - Orders

Orders are placed by email at the following address : avotreservice@hard-corner.com.

Once the order has been transmitted, the Seller has a period of two working days to accept the order. Failing acceptance by the Seller within the aforementioned period, the order is deemed accepted.

Any modification or resolution of an order requested by the Buyer can only be taken into account if it has reached the Seller by email before acceptance of the order by the Seller.. Beyond this deadline, the Seller reserves the right to refuse any modification or resolution of the order.

Article 3 - Products

The Seller reserves the right to make any modification it deems useful to its Products at any time., without obligation to modify the Products previously delivered or already ordered. It reserves the right to modify the models presented on the website as well as in its prospectuses or catalogs without prior notice..

Article 4 - Price

The price of the Products can be changed at any time. Product prices are indicated in euros excluding tax and shipping costs.

The Products will be invoiced at the price in force at the time of acceptance of the order. All taxes, taxes, contributions, duties or other benefits payable under French legal provisions or those of an importing country or a transit country, are the responsibility of the Buyer.

Article 5 - Payment

Payment is made within 30 days of invoice date.

A discount of 2 % is granted in the event of payment within less than five (5) days from delivery of products.

Constitutes a payment within the meaning of this article, not just the delivery of a bill of exchange or a check involving an obligation to pay, but their collection on the agreed due date.

In case of late payment, the Seller may suspend all orders in progress, without prejudice to any other action. Any amount not paid by the due date shown on the invoice, leads to the application of penalties, the rate of which is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points. These penalties are due the day after the settlement date. In case of default, the sale will be automatically resolved without stake, prior notice. The Seller may request the return of the Products, without prejudice to all other damages.

The Purchaser must reimburse all costs incurred in collecting the amounts due. Any delay in payment will result in payment by the customer, a lump sum of forty (40) euros for recovery costs which is due as of right the day following the settlement date appearing on the invoice. When collection costs are greater than forty (40) euros, the Seller reserves the right to ask the Buyer for additional compensation on proof.

Article 6 - Delivery

Delivery is made either by delivery to the delivery address specified by the Buyer, either by handing over the Products to a shipper or a transporter on the Seller's premises. In the absence of a written challenge within three (3) days, not including holidays, from delivery, delivery will be deemed compliant (actual delivery and exact quantity). When registering your order, the Buyer chooses the place where he wishes to have the Products delivered.

Unless expressly agreed when ordering, the deadlines given by the Seller are purely indicative and without any guarantee. In addition, cases of force majeure and exceptional circumstances beyond the control of the Seller entitle him to delay delivery or to cancel all or part of the order without the Buyer being able to claim any compensation or to oppose the partial execution. Are considered in particular as force majeure or exceptional circumstances discharging the Seller from its obligation to deliver : any case beyond his control, such as war, the riot, the fire, strikes in its establishments or those of its suppliers, accidents, the impossibility of being supplied, weather conditions (snow, storm, rain…).

Deliveries are made carriage paid from an order amount of 2300 euros HT.

Failing that, the delivery costs will be indicated in the acceptance of the order.

Article 7 - Risk transfer

The Products travel at the Seller's risk and peril when the delivery is made to the Buyer's premises. Products travel at the risk of the Buyer when delivery is made to the Seller's warehouses. It is up to the Buyer to exercise their recourse against the carrier within the deadlines and forms prescribed by law in the event of delay., damage or default. Unloading is always the responsibility of the Buyer and is carried out at his own risk..

Article 8 - Return

For any Product he would like to return, the Buyer must inform the Seller by email.

Any return of Product must necessarily be subject to a prior agreement, written and express between the Seller and the Buyer. Any Product returned without this agreement will be made available to the Buyer and will not give rise to the establishment of a credit. The costs and risks of the return are the responsibility of the Buyer. No returns will be accepted after a period of fifteen (15) days after delivery date.

In the event of an apparent defect or non-conformity of the Products delivered, duly notified by registered letter with acknowledgment of receipt within eight (8) days from delivery and noted by the Seller, the Buyer may obtain the free replacement or reimbursement of the Products, at the choice of the Seller, excluding any compensation or damages.

Article 9 - Guarantee - Compliance with standards

The only obligation incumbent on the Seller will be the free exchange or repair of the Product or of the guaranteed element, recognized as defective or not in compliance with the standards in force by its departments within the limit of the duration of the manufacturer's warranty. Any Product called for warranty or recognized as not conforming to standards, must be, beforehand, subject to the Seller whose agreement is essential for any exchange. Interventions under the warranty can not have the effect of extending the duration thereof. Any shipping costs are the responsibility of the Buyer. The expiration of the warranty period puts an end to all of the Seller's contractual obligations.

The dismantling and / or reassembly costs will not be borne by the Seller. The unconditional reception of the Products ordered by the Buyer entails automatic waiver on its part of any claim against non-conformities, apparent or missing defects in the absence of a complaint within fifteen (15) days of delivery.

Defects and deterioration caused by natural wear or by an external accident (wrong mounting, faulty maintenance, abnormal use…), or by a modification of the Product not foreseen or specified by the Seller, are excluded from the warranty. .

The Seller does not give any guarantee to the Buyer, against any claim or action for infringement of any intellectual property rights, engaged against the Buyer by third parties. The Seller is not guarantor of the illicit use that the Buyer would make of the intellectual property rights made available to him by the Seller..

The Seller's liability is expressly excluded for all indirect damages and / or prejudices, intangible, financiers, suffered by the client or a third party, resulting in particular without this list being exhaustive, an action against the client by a third party, loss of profit, operating loss, loss of production, loss of turnover, data loss, deprivation of a right, interruption of a service rendered by a person or property, damage to brand image, loss of a chance, etc.

The seller grants, in compliance with the above conditions, a guarantee of 3 years against non-oscillation of trestle (no play clearance in assemblies) and a guarantee of 3 years against breakage or rupture of the hardware (excluding rust). These guarantees will not be applicable in the event of abnormal use of the products.

Article 10 - Retention of title

TRANSFER OF OWNERSHIP IS SUBJECT TO FULL PAYMENT OF PRICES IN MAIN PRODUCTS, INTERESTS AND ACCESSORIES.

The Seller therefore reserves the right to exercise the claim under the legal conditions.

Article 11 – Assurances

The Buyer agrees to spontaneously subscribe for the benefit of the Seller, with a notoriously solvent company, insurance covering the risk of loss of the Products subject to the retention of title clause, and to justify its existence, of its scope and of the payment of the premium at the Seller's first request.

Article 12 - Personal information

In accordance with the law, the Buyer has a right of access and rectification and / or deletion of personal data concerning him. It is enough for him to write by mail or by email to the Seller by indicating his name, first name, e-mail, address and if possible customer reference, to the following address : avotreservice@hard-corner.com.

Article 13 - Intellectual property

The texts, comments, illustrations, images and Products reproduced and / or presented on the Seller's site, are protected by intellectual property law, namely, in particular copyright and / or trademark law and / or designs and models law owned by the Seller. The protected works reproduced on the site and for which the Seller is not the holder of the rights have been the subject of an express prior authorization of reproduction by the holders of rights..

The Seller consents to the Buyer a right of private use, non-collective and non-exclusive of the site for consultation purposes. Any other use constitutes counterfeiting and sanctioned under the Intellectual Property Code, and this except prior and express authorization of the Seller.

The Buyer therefore recognizes that, in the absence of the express written authorization of the Seller, any total or partial copy and any distribution or exploitation of one or more of the elements referred to above, even modified, is likely to give rise to legal proceedings against him.

Generally, the Buyer agrees not to harm the site and the Products in any way, nor to make improper use of it which would discredit or devalue directly or indirectly the Seller and / or its products.

The Buyer acknowledges that the Seller owns or has a right to use all of the intellectual property rights covering the Products sold to the Buyer and that no right to use or reproduce these rights gives him is conferred.

The Buyer undertakes in particular not to alter said intellectual property rights, nor to misuse them which would discredit or devalue them.

Article 14 - Disputes - Applicable law

Including in the event of interim measures, incidental claim or multiple defendants, shall have sole jurisdiction in the event of any dispute of any kind relating to or arising from the general conditions of sale, the commercial courts of the Seller's headquarters.

Disputes are decided in accordance with French law.