These general terms and conditions of sale apply to all sales concluded remotely by the company STELLINOX - SAS, under French law, with a capital of €569,100, registered in the Clermont-Ferrand Trade and Companies Register, under number 451 285 878, and whose registered office is located at 39 avenue du Général de Gaulle - 63300 THIERS (France) - with an Internet user (hereinafter "the buyer") via the Internet site at www.stellinox.com (hereinafter "the Internet Site").
Any order implies, on the part of the buyer, the acceptance of all of these general terms and conditions of sale and, where appropriate, the special conditions granted to the order.
II - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The fact that the buyer places an order on the Internet site and with STELLINOX implies the buyer's adherence to these general terms and sales conditions.
The buyer indicates its adherence when placing the order by ticking the corresponding box identified as follows:
"I have read the general terms and sales conditions and I adhere to them without reservation". Otherwise, no order can be placed with STELLINOX.
As a result of this action, the buyer declares that he/she has read and accepted these general terms and sales conditions.
III. APPLICABLE LAW
The present conditions are subject to French law. In the event of a dispute between STELLINOX and the purchaser, only the court of Clermont-Ferrand, France will be competent.
IV. GEOGRAPHICAL AREA AND PERIOD OF VALIDITY OF OFFERS
The sales offer from STELLINOX on its website is intended for professionals from all countries. When the shipping costs cannot be calculated automatically, the buyer can choose "estimate" at the end of the basket, and Stellinox will make an offer with the shipping costs. The customer will then be able to decide whether or not to finalize his order.
Private individual also has the possibility to order on the website.
V. ORDERING PROCEDURE
Any Internet user who wishes to place an order must first register on the website. Once registered, the buyer will be able to order using his email address and password.
The order procedure is as follows:
-The buyer selects the products and quantities he wishes to order and can at any time check the products selected in the "my shopping cart" section, which is always present.
-The buyer then verifies his delivery and billing address, and chooses the way of transport. - The buyer then definitively validates his order by clicking on the button " Next ".
-After validation by the buyer of the order, the buyer proceeds to the payment of the price by choosing a way of payment.
-The buyer will then receive an email confirming the registration of the order by STELLINOX.
STELLINOX reserves the right not to proceed with the order placed by the buyer, in particular :
- for non-receipt of payment by cheque or bank transfer, failure of the bank transaction.
- And more generally in the case of legitimate reason as provided for in Article L-122-1 of the French Consumer Code, which stipulates "It is forbidden to refuse a consumer the sale of a product or the provision of a service, except for legitimate reason".
In this case, STELLINOX will inform the buyer by email.
VI. RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 121-22 of the Consumer Code, in the case of a contract concluded by a professional for the needs of his activity, the right of withdrawal is not applicable. However, the non-professional buyer has a period of 14 working days to return the articles that do not suit him. STELLINOX will define the terms and conditions for reimbursement or establishment of a credit note. Return costs are the responsibility of the buyer. Goods must be returned to Stellinox in their original packaging and in perfect condition.
VII. PRODUCT AVAILABILITY
If the unavailability of a product is noted after validation of the order by the buyer, STELLINOX will inform the buyer by email, and will inform him/her of the foreseeable delivery time.
VIII - TRANSPORT & DELIVERY
Delivery times are given for information purposes only and without guarantee. These delivery times run from the day of receipt of payment of the order by the buyer and are calculated in working days: Monday to Friday.
In any event, STELLINOX commits to a maximum delivery time of 30 days (excluding Sundays and public holidays). This 30-day period is the deadline by which STELLINOX undertakes to deliver the products. This period is increased in the event of an annual closure period, which is announced on the website.
In the event of failure to respect this deadline, the purchaser may request cancellation of the order in accordance with the following provisions of article L114-1 of the French Consumer Code.
STELLINOX will reimburse the buyer as soon as possible and no later than 30 days following the date on which this right was exercised. Beyond this period, the sum due will automatically bear interest at the legal rate in force. However, upon STELLINOX's proposal, the buyer may opt for a credit note. The shipping costs are the responsibility of the buyer and depend on the delivery method chosen at the time of the order, as well as the amount of the order (metropolitan France) or the weight (outside metropolitan France). Postage and packaging costs are calculated according to the place of delivery and the choice of shipping method, and are calculated at the time your basket is finalized or added to the quotation (international).
The buyer is informed that the order may possibly be split into several shipments or packages. This splitting will not affect the amount of shipping costs as defined above.
Free postage and packaging from 300 euros HT for Metropolitan France.
IX - DELIVERY
Delivery in Metropolitan France is made by transport chosen by the customer, as proposed at the time of finalizing the order, carrier or LA POSTE.
Stellinox reserves the right to modify this choice in the case of large orders, and will inform the customer of this change.
For Corsica, delivery is made by La Poste.
STELLINOX takes the greatest care in preparing the package and its packaging.
It is the customer's responsibility to check the condition and contents of the package upon receipt. If the purchaser finds that the packaging is damaged, or that items are missing or damaged, it is up to the purchaser to follow the claims procedure described in this paragraph.
X. PRICE OF THE PRODUCTS - PAYMENT
The prices displayed on the Website are indicated in euros (€), excluding VAT (VAT Excl.) and all taxes included (VAT Incl.) at the level of the cart and excluding shipping costs.
The prices and conditions of sale applicable to the order are those displayed on the Website on the day the order is validated by the buyer.
Prices are to be paid in Euros, in full and in a single payment by one of the ways of payment offered on the website when placing the order.
Payment by credit card is made with a secure S.S.L. payment system. The S.S.L. protocol is a system for encrypting the entry and transmission of banking data. During payment, the buyer is automatically redirected to the site of STELLINOX's banking partner. The latter therefore never has access to the buyer's bank data: he is only informed by the banking partner of the correct transaction of the payment.
It is specified that the article numbers, descriptions and information presented on the website have been taken from the information communicated by the suppliers, for items not manufactured by STELLINOX. The photos have no contractual value and cannot replace the product description. STELLINOX cannot be held responsible for any non-substantial difference between the presentation photos, texts, illustrations and the items ordered.
In accordance with the regulations in force, STELLINOX is not responsible in the event of non-performance (and in particular late delivery) of the order attributable to the purchaser, to the unforeseeable and insurmountable fact of a third party, or to a case of force majeure. Taking into account machining tolerances, the steel thicknesses indicated may vary by +10%. XII. INFORMATION - COMPLAINTS
For any information, request for information or complaint, the Internet User may contact STELLINOX by sending a message either to the following e-mail address: email@example.com (export),
firstname.lastname@example.org (order processing, delivery time) or email@example.com (webmaster), or to the following post address: STELLINOX, 39 Av. du Général de Gaulle – CS 10046 – 63300 Thiers, France The Internet User may also contact STELLINOX by phone at the following number: + 33(0)4 73 80 44 00, from 8:00 am to 12:00 pm and 1:30 pm to 5:00 pm from Monday to Thursday; Friday from 8:00 am to 12:00 pm.
XIII - Electrical Waste and Electronic Equipment (WEEE)
In accordance with articles R 453-195 and following of the Environment Code, STELLINOX is registered with the ADEME (French Environment and Energy Management Agency) and is a member of the Eco-Systèmes organisation for the management of waste electrical and electronic equipment.