The seller is defined below as being the company SARL JCL - JCL SimRancig whose registered office is at: Barns - 24200 VITRAC.
The customer is defined below as the company or the person signing and accepting these terms and conditions.
The general conditions of sale shall be deemed fully accepted upon confirmation of the order by the customer.
All our quotations, purchase orders and invoices involve the customer acceptance of our terms and conditions.
Our sales and contracts in progress are subject to these terms and conditions unless special dispensation written and agreed between the vendor and the customer.
These general conditions of sale govern the present and future relations between the customer and the seller.
We reserve the right to modify without notice the terms and conditions of sale.
2.1 Conclusion of contract
Conclusion of the contract date is the date on which the customer has placed an order and accepted the general sales conditions.
Sales by the seller are perfect between the parties and the property is acquired to the customer upon validation of the total payment or commands.
Amounts paid before delivery are therefore payments.
2.2 Description of the products
The essential characteristics of the product are listed in the "product listing" generally containing a photo and describing its main features.
The photographs in support of the text the products do not enter the contractual field.
If errors occur, shall in no case the seller's liability can be initiated.
The detailed product sheet is the only source contract.
Manufacturers may change without notice the technical composition of product references.
The seller is entitled at any time to update, improve its datasheets or withdraw from sale its products.
The customer can contact the seller to get additional information on the products presented by emailing email@example.com
The products offered comply with French legislation and standards applicable in France and CEE.
Prices are quoted in Euros all taxes included, excluding shipping.
The products are supplied at the price in effect at the time of ordering.
Prices may vary, especially in case of change in the VAT rate.
Prices subject to change without notice by the seller and may be subject to fluctuations in raw material costs.
However, the prices listed on the order after its validation and registration are firm and final and can not be subject to any changes in case of variation upwards or downwards.
For customers outside the European Union or in the DOM TOM, the invoice will be issued without VAT.
All orders delivered outside metropolitan France may be subject to any local taxes, customs duties, dock dues and customs fees upon delivery.
Their acknowledgment is to the client and is his responsibility, implying that he will have to check with the relevant authorities of the country of delivery.
However, products purchased by professionals are the prices agreed with the order within the limits of the option period and general economic conditions (taxes, exchange rates) at the time of delivery.
On products for professionals, the prices are without taxes, packaging, transport and insurance freight not included, departure warehouse of the seller.
2.4 Order processing
Orders are processed as soon as possible by customer service.
The seller will confirm the controls and associated details by email or phone.
In case of default of the contract resulting from the unavailability of the product ordered, the customer is notified and can wait if the reissue of the commodity is possible to exchange or be refunded without delay and at the latest within thirty days of payment of sums paid.
Upon receipt of any order, by email, by phone or through a merchant website, the seller will contact the customer when necessary and delivers an order confirmation with the time and manufacturing details if s' is a custom fabrication.
The products delivered and invoiced remain the property of the seller until payment in full payment of their price.
On commercial sites via the Internet, it is generally requested a total payment when ordering.
However, it is possible that a different agreement is reached between the parties, will be asked for a deposit of 50% when ordering and the balance upon receipt of the delivery.
Delivery against refunding (plus handling fees against default and the order stipulated by the driver) is only possible in mainland France (Payment is made before unloading).
Payments accepted: Paypal; Cards; Vouchers and credit organizations bank transfers (RIB on request)
2.5.1 Payment default
In the event that the seller would have accepted a deferred payment or cash payment, non-payment of one of maturities entails the obligation to pay the increased price of 200 euros for costs occasioned by the recovery of amounts due (bailiff, bank charges, management fees, etc.)
Failure to pay could lead to claim ownership of the goods by the seller, restitution being immediate, the expense, risk and peril of the customer. (Article 5 of these Terms of reserve property).
2.5.2 Secure Payment Site
Our website is the subject of a secure payment system.
The seller retains full and exclusive ownership of the goods until full payment of their price but the customer will bear the risks as they exit from the seller's warehouse.
Delivery is made either by direct delivery to the customer or by the carrier.
If delivery against refunding, payment must be immediately delivered to the carrier who will then proceed to unload (the costs of against-refund is payable in addition to the amount of the order).
Any partial delivery accepted by the customer is subject to billing receipt.
The seller reserves the right to change the goods to be delivered in the event described in paragraph 2 of Article R132-2 of the Consumer Code, that is to say when the changes are related to the technical development and they generate no price increase or a deterioration in product quality.
By express agreement, in case of force majeure or events such as lockout, strike, total or partial work stoppage in the place of manufacture of the seller or its suppliers, epidemics, war, requisition, fire, flood, interruption or delay in transportation, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, the seller is released from all responsibilities on delivery.
The seller will inform the customer in a timely manner, cases and events listed above.
In all cases, delivery within the deadlines can intervene only if the customer is current on its obligations to the seller that it that evening the cause.
2.6.1 Shipping Costs treatments
Indicated delivery rates are valid for mainland France.
The delivery of products outside of this area is the subject of a quote when ordering.
The delivery times depend on supply possibilities and transport the seller.
The delivery time overruns can not give rise to damages nor restraint.
The times indicated on merchant sites via Internet are average times and correspond to generally recognized order processing times, plus shipping time carriers.
2.6.3 Delivery in France
After setting delivered by our logistics department, the order is delivered in France within 8 business days.
2.6.4 Delivery abroad
After setting delivered by our logistics department, the order is delivered within a period of 10 to 30 days depending on the country of destination.
These limits shall be for working days, excluding delivery problem, according to availability, the shipping method selected, the destination and time of year.
The times indicated are those usually found, they are indicative only and are not contractual.
Seller is not responsible for delivery carriers.
2.6.5 Place and date of delivery
The place and date of delivery are determined by the parties.
The client agrees to be present at the time and place agreed for delivery.
In the event of unauthorized absence for a legitimate reason, the seller shall be entitled to charge the customer the amount of the next delivery.
However, a second appointment will be possible if the carrier is passed without prior notice to and without additional costs.
2.6.6 Difficulties of access
The seller can not be held liable for consequential delivery problems access difficulties instead of that installment.
The consequences of these difficulties weigh on the client, so the seller can not be sued for damage in these assumptions.
The deliverymen alone are authorized to judge the difficulty of access and reserve the right not to go upstairs a package, not to make passages through windows, etc.
The customer agrees to implement the necessary means to overcome the difficulties of delivery (rental equipment, hand supplement lumber dimension passages, etc.) in the event that the goods should be delivered with difficulty.
The costs in this situation return automatically to the customer.
The seller can not be held responsible for non-delivery of the goods if the necessary resources to it were not implemented by the customer.
2.6.7 Obligation of the customer on delivery
Upon delivery, the customer must unpack the product in the presence of the carrier and verify the conformity of the order before signing the delivery note.
In case of anomaly concerning the delivery, the customer must indicate its reserves as detailed handwritten comments, dated, explicit and accompanied by his signature on the delivery note.
Products damaged (scratches, dents, shocks ...).
Non-compliant products in kind: (Reference error, color ...) or quantity.
In case of anomaly or non-conformity, the client must reject the goods and submit its claims to after the seller, or by email at firstname.lastname@example.org or by registered letter with acknowledgment of receipt JCL Lieudit to Sarl Les Granges 24200 VITRAC).
Any claim beyond three days after delivery will be accepted.
The terms (subject to unpacking or damage) is insufficient to prove the existence of damage.
Reservations must be clear, precise and detailed.
The absence of a complaint, the non-issuance of reserves from the client mean that the product delivered is deemed satisfactory and will not be subject to any subsequent dispute.
For example, the client can not issue stock to the seller after the departure of the carrier, even if the package has not been opened in the presence of the carrier.
In case of non-compliant products delivered with the ordered products after unpacking or at delivery, the customer can refuse delivery without charge.
The burden of proof of non-compliance rests with the buyer.
In case of non-conformity of the goods delivered, the seller agrees to exchange or refund the product or products (s) to the client as soon as possible.
In case of payment upon receipt of the goods, cash or installment payment, the customer must return the total, otherwise it will not be possible to proceed with the delivery of the goods (Article 2.5 of these Terms Payment).
As agreed in Article 2.4.6 hereof, the customer agrees with the vendor to implement the necessary means to overcome the difficulties of delivery.
3. Customer obligations
The customer pays the cash price when ordering or delivery, on the terms agreed between the parties.
Upon delivery, the customer must unpack the product in the presence of the carrier and verify the compliance of the order delivered before signing the delivery order (Article 2.6.7 of these GTC).
3.3 Delivery Difficulty
The customer agrees with the vendor to implement the necessary means to overcome the difficulties of delivery (rental equipment, hand supplement lumber dimension passages, etc.) in the event that the goods should be delivered with difficulty (Article 2.6.6 of these GTC).
4. Obligations of the seller
Article L121-20-3 of the Consumer Code, it follows, first, that the seller, as a professional is automatically liable to the consumer for the proper performance of obligations under the contract concluded at a distance, that these obligations are to be performed by the professional who concluded the contract or by other service providers, without prejudice to its right of recourse against them.
Moreover, it can not exempt from all or part of its liability by proving that non-performance or improper performance is attributable either to the consumer or to the unforeseeable and insurmountable, a third contract or by force majeure.
The seller meets its duty to advise and pre-contractual information as derived from Article L121-19 of the Consumer Code.
The products comply with French legislation and standards applicable in France and CEE.
The quantity and quality of products delivered are those set on the order form.
The seller reserves the right to change the goods to be delivered in the event described in paragraph 2 of Article R132-2 of the Consumer Code, that is to say when the changes are related to the technical development and they generate no price increase or a deterioration in product quality, provided that the consumer is free to identify the characteristics which its commitment is contingent.
The products delivered and invoiced remain the property of the seller until full payment of their price.
Failure to pay could lead to claim the goods by the seller, restitution being immediate and the goods delivered at the customers expense, such peril.
During the period between the delivery and transfer of ownership, the risk of loss, theft or destruction, and the damage that may cause the client, remain the responsibility of the latter.
The buyer agrees to the case of insolvency proceedings affecting his business, to actively participate in the establishment of an inventory of goods in inventory, the vendor claims ownership.
Otherwise, the seller has the right to see the inventory by a bailiff at the expense of the purchaser.
The seller may prohibit the purchaser to proceed with the resale, processing or incorporation of goods in case of late payment.
To guarantee the payments not yet made including the balance of the account of the buyer in the writings of the seller, it is expressly stipulated that rights to goods delivered but not paid are referred on identical goods from the seller in stock at the Buyer, without any need to allocate payments on a sale or delivery determined.
JCL The company makes every effort to ensure that its products and services give satisfaction to its customers.
When a concern arises with an item, the customer is asked to contact customer service by visiting the vendor's website: email@example.com
For articles, a difference can be found between the announced dimensions and those found on the product, given the handcrafted finishes made to the products.
6.1 Manufacturer Warranty
The product warranty is the "manufacturer's warranty" which is to defect in material or workmanship and which its implementation is made by the seller in mainland France only.
Interventions under this guarantee can not have the effect of extending the length thereof, subject to Article L211-16 of the Consumer Code.
Under this warranty, the only obligation the seller will repair the product or component recognized faulty by its services.
The seller reserves the right not to take back the goods to be replaced.
Any product who is to receive the guarantee must be submitted prior to after the seller whose agreement is essential for any replacement or repair.
6.2 Limited Warranty
Seller's guarantee is limited to the repair of defective goods recognized by the seller, taking account of the use which has been made by the customer and this free choice of the seller.
The seller will only ensure the replacement of defective parts and repairing the damage of the goods supplied to the customer by him.
The guarantee does not cover'm manpower nor those resulting from disassembly, reassembly and transport.
The warranties exclude externally damage, damage resulting from improper use of the products, damage resulting from the intervention of a repairer not authorized seller or manufacturer defects and deterioration caused by wear natural or an external accident (erroneous installation, defective maintenance, abnormal use, fire, water damage, ...).
The seller may in no circumstances be held liable for material and immaterial damage that would occur during the troubleshooting in the event that the customer return products that were not supplied by the seller.
The manufacturer's warranty does not cover cases jumped an apparent screw at the time of receipt of the goods had not been declared by the customer under the conditions set out in section 3.2.
The seller can not be held liable under the guarantee of failure or damage caused directly or indirectly if: Any storage without protection or prolonged; Any negligence, incorrect connection or handling, maintenance and use of non-compliant equipment with the technical specifications of the seller or manufacturer, or more generally a defective or awkward use; Any addition of complementary device or accessory equipment or use of any parts required for the operation of non-compliant with the technical specifications of the seller or manufacturer equipment; Any modification or mechanic or other made to the equipment or its connecting devices by a third party.
In case of bankruptcy or manufacturer supply impossibility, the customer may take action against the seller, who will assume no liability for product warranty of the manufacturer.
7. Cancellation and withdrawal
7.1 Right of withdrawal
Under the conditions provided by Article L121-16 of the Consumer Code and in the context of distance selling, the buyer has a period of 14 days from the delivery of his order.
When this period expires on Saturday, Sunday or a holiday or holiday, it is extended until the next business day.
The withdrawal is excluded for particular contracts for goods or supplies much custom crafted to customer specifications (custom items and non-standard measure items subject to a particular design, specific sizes or thicknesses, articles with special additions or modifications or arrangements).
The exercise of this right is by sending a registered letter with acknowledgment formalizing within 14 calendar days from customer service: JCL Sarl Les Granges 24200 VITRAC.
7.2 Return of goods
All returns require a return number, which can be obtained free of charge from the service after the seller: firstname.lastname@example.org
Return means will be initiated at the convenience and the customer's expense.
In no event shall Seller be held to organize the return of goods canceled under Article L120-21 of the Consumer Code.
The transfer of risk from the customer to the seller shall be deemed effective upon receipt of the product at the seller's warehouse.
The products must be undamaged and returned in their original packaging, which it is added a package covering the entire product.
The products must not bear any traces of use, be accompanied by their accessories and assembly instructions.
Only after checking that these conditions are satisfied that the seller will refund the money collected under the returned goods, except the initial shipping.
Otherwise, no refund can not be payable, the client will retain ownership of the product they can come to retrieve or recover the seller's warehouse, within one month maximum.
The exercise of this right entails sending a refund check of sums paid after qualitative and quantitative verification of returned products.
8. Termination clause
In case of non-compliance with an obligation of the buyer thereof, the sale may be terminated automatically and returned goods the seller if he sees fit, without prejudice to any damages that the seller could argue with regard to the purchaser, within 48 hours after the notice has remained ineffective.
In this case, the seller is entitled to claim from the buyer a flat rate of 10% of the sale amount.
9. Freedom of Information Act &
According to the law 78-17 of 6 January 1978 recast by Law 2004-801 of 6 August 2004, the customer has a right to access and correct data concerning them.
Through us, the addresses of our customers will not be issued to third parties.
9.1 Confidentiality of your data
The seller takes great care to protect the personal data of its customers and makes every effort to respect this right.
When passing the order by the customer, the seller records certain data such as: name and postal address, to organize to better trade relations and service that customers expect.
Email addresses are intended only to services of the seller.
When consulting the merchant site, this collection from the software activated by your own computer, data on the date, page views, consultation time and the computer address of your computer, the provider access, search engine and link to the origin of this consultation.
This collection allows the seller to improve the ergonomics of its website and to enhance the efficiency of its services and in no way making any advertising or commercial prospecting.
9.3 Data collected when ordering
To effectively handle requests from the client, the seller requests a number of data: Company, no, first name, delivery and billing addresses, email address, phone number.
Some of them are essential to the processing of the order, others allow to better know the client and tailor solutions to their needs.
In no way this information will be provided to third parties.
10. Intellectual Property
All the texts, commentaries, books, illustrations, images, whether visual or sound, reproduced on the seller's website are protected by copyright, trademark law, patent law and right to Picture, for the world.
They are the full property of the seller or manufacturer.
As such and in accordance with the Code of Intellectual Property, only use for private use subject to different rules even more restrictive of the Code, is permitted.
Affixing a hypertext link to the seller's website, using the technique known as framing or deep-liking is strictly subject to written authorization from the company, upon request to the JCL society.
Any other use constitutes infringement and is punishable under the Intellectual Property without prior authorization of the seller.
Total or partial reproduction of the seller is strictly prohibited unless express permission of the seller.
11. Amendment of terms and conditions
The seller reserves the right to modify at any time the terms and conditions.
The barns 24200 VITRAC - France
RCS Bergerac No. 802524215 APE 2511Z
Limited liability company with a capital of 1000 euros.
No. VAT FR6580252421500018