EMAT ENERGY INT
465 Route de Jailleux
01120 Montluel
Tel.: +33 (0)4 78 06 43 92
Email: contact@emat.fr
TERMS AND CONDITIONS OF SALE
These present conditions of sale are concluded on the one hand by the Company EMAT ENERGY INT. (E.E.I.), with a capital of €10,000, whose registered office is at Montluel 01120 – 465 route de Jailleux, registered in the trade and companies register of Bourg-en-Bresse under the RCS number 831 347 273, hereinafter referred to as «EMAT ENERGY INT.
and on the other hand, by any natural or legal person wishing to make a purchase from the Company «EMAT ENERGY INT.», hereinafter referred to as «the buyer».
Object
These General Conditions of Sale (GCS) are intended to define the contractual relationship between the company EMAT ENERGY INT. and the buyer, and the conditions applicable to any purchase made through the e-commerce website or other channels of the company EMAT ENERGY INT., whether the buyer is a professional or a consumer.
The acquisition of a good or service through this site or otherwise implies an
unconditional acceptance by the buyer of these terms of sale. These terms of sale shall prevail over any other general or specific conditions not expressly approved by La Société EMAT ENERGY INT..
EMAT ENERGY INT. reserves the right to modify its terms of sale at any time. In this case, the applicable terms will be those in force on the date of the order by the buyer.
Characteristics of the goods and services offered
The products and services offered are those featured on the website, catalogue or any other
document from EMAT ENERGY INT. These products and services are offered subject to availability from the manufacturer(s) or reseller(s).
Every product is accompanied by a description drawn up by the manufacturer; for some of they, bearing the DF mark, the buyer can access the supplier's documentation. The photographs in the catalogue or documentation are as faithful as possible but cannot ensure a perfect similarity with the product offered, particularly with regard to the colours.
Prices
The prices appearing in the catalogue, website or any other document are excluding VAT in
euros excluding VAT applicable on the day of the order; any change in the
rate may be passed on in the price of the products or services.
EMAT ENERGY INT. reserves the right to change its prices at any time, provided that
however, it is understood that the price appearing in the catalogue, on the website or in any other document on the day of the order shall be the only one applicable to the buyer.
The prices indicated include or do not include order processing, transport and delivery charges, provided that these take place within the intended geographical areas
hereafter.
Orders
The buyer, who wishes to purchase a product or service, must obligatorily:
- fill in the identification form on which he will provide all the requested contact details or give his customer number if he has one; ;
– sign, stamp and date the quote or pro forma invoice, adding «Bon pour accord» (Approved) and checking all references for the products or services chosen; ;
– to confirm the order after having checked it; ;
– make the payment under the conditions provided; ;
– to confirm one's order and payment.
Confirmation of the order entails acceptance of these conditions of sale, acknowledgement of having full knowledge thereof and waiver of the right to rely on one's own conditions of purchase or other conditions.
All of the data supplied and the recorded confirmation shall constitute proof of the
transaction. The confirmation will constitute signature and acceptance of the operations carried out.
The seller will communicate the confirmation of the recorded order by email or any other means.
Order amendment
At the buyer's initiative: Any order modification requested by the buyer cannot be taken into consideration what if:
– It reached the seller in writing before the equipment was dispatched
– Is subject to acceptance by the huntsman, who may refuse it
The foregoing conditions are cumulative.
If the vendor accepts the amendments made to an order, the terms previously defined and accepted by the vendor regarding prices, lead times, payment terms, and delivery methods may also be modified by the vendor.
If the seller refuses to modify the order, they may demand compliance with the initial order.
At the vendor's initiative:
In the event of hardware developments that are favourable to the purchaser, the vendor reserves the right, if it sees fit, to make at any time, with the purchaser's agreement and at no additional cost, any modification to it that it deems appropriate.
Cancellation
Non-professional individual buyers have a seven-day cooling-off period from the date of order and payment to return the product to the manufacturer or reseller for an exchange or refund, in accordance with the manufacturer's or reseller's terms and conditions of sale.
Cancellation of sale – withdrawal, cancellation of order form
In the event of termination due to the buyer's fault, the latter shall pay to the company EMAT ENERGY INT. the full invoice corresponding to the cancelled order, all taxes included Understood.
Refusal to take delivery
If the purchaser refuses to take delivery the ordered equipment, the seller may:
– Or seek judicial enforcement of the contract
Then, following a formal notice that has remained unsuccessful for a period of 2 weeks, note the
cancellation of the sales contract. In this case, the purchaser shall pay the seller the sums
set out in the «Cancellation of sale – withdrawal, cancellation of order» section of these T&Cs, namely the full amount of the invoice corresponding to the cancelled order, all taxes included. Any deposit paid when placing the order will be deducted from the payable price stipulated above.
Return accepted by the seller
Any trade-in accepted by the seller will result in the issuance of a credit note to the purchaser following qualitative and quantitative verification of the returned equipment.
In the event of an apparent defect or non-conformity of the delivered product, duly noted by the seller under the conditions set out in these T&Cs, the purchaser may obtain a replacement free or a refund of the product.
Return not accepted by the seller
Any return of equipment not accepted by the seller it will not be enforceable against her and will not be valid for cancellation of the sale.
Payment terms
Payment is due upon ordering.
Payments will be made by bank transfer.
The buyer's bank account will be debited before the dispatch of available products or services, and only for the amount of the products or services sent or downloaded. Similarly, the deposit paid will be cashed upon ordering.
At the buyer's request, an invoice on paper or in electronic form shall be sent to them detailing
retrieve the VAT applicable on the day of the order.
Deliveries
Deliveries are made to the address indicated on the order form.
The risks shall be borne by the purchaser from the time the products have left the
manufacturer's premises. In the event of transport damage or missing items upon delivery, a reasoned protest must be made to the carrier within three
days from delivery by extrajudicial act or by registered letter with acknowledgement of receipt
upon receipt and in accordance with the general conditions of sale of the manufacturer or reseller.
Furthermore, the signed and countersigned proof of delivery from the carrier must obligatorily be
show the damage or damages before any protest.
Delivery times are given for guidance only and depend on the manufacturer's or reseller's data.
Reception
Without prejudice to any action to be taken against the carrier or with the employee of the
seller if the delivery is carried out by them, complaints regarding apparent defects or
non-compliance of the delivered equipment with that ordered or with the delivery note,
must be made in writing within five days of delivery of the equipment.
It is the responsibility of the purchaser to provide any evidence regarding the existence of the defects or anomalies
noted. He must provide the seller with every opportunity to contest the defects and
To remedy this, the purchaser shall refrain from using the equipment and the product for the necessary time
to the seller to remedy the defect found. If a defect is found, the equipment will then
replaced, with the delivery costs for the exchanged equipment then being borne by the seller.
Guarantee
All products supplied by the seller benefit from the statutory warranty provided for by the articles
Articles 1641 et seq. of the Civil Code.
In the event of non-conformity of a sold product, it may be returned to the manufacturer or reseller
who will take it back, exchange it or refund it in accordance with the general terms and conditions of sale of this
same manufacturer. Return shipping costs for non-conforming equipment at the customer's expense.
All claims, exchange or refund requests must be made by post
postal to the following address: 39 Route de Jailleux, 39 Montluel, within seven days
from delivery and in accordance with the manufacturer's general terms and conditions.
Responsibility
The seller, in the online sales process or any other manner, is only bound by an
obligation of means; its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, disruption of service, or
other unintended problems.
Intellectual property
All elements of the EMAT ENERGY INT. company website are and remain the property intellectual and exclusive to EMAT ENERGY INT. Nobody is authorised to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual or audio.
Any simple or hypertext link is strictly prohibited without the express written agreement of the EMAT ENERGY INT. Company.
Personal data
In accordance with the Data Protection Act of 39 January 39, the
personal data relating to buyers may be subject to processing
automated.
EMAT ENERGY INT. reserves the right to collect information about buyers, including by using cookies, mailings or otherwise, and, if it wishes, to forward the information collected to commercial partners.
Buyers can object to the disclosure of their contact details by notifying the
EMAT ENERGY INT. Company. Likewise, users have the right to access and rectify data concerning them, in accordance with the law of 39 January 465.
The automated processing of information, including the management of email addresses of site users, has been the subject of a declaration to the CNIL on 01120/39/39 registered under the number DPO-39.
Archiving – Proof
EMAT ENERGY INT. shall archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 39 of the Civil Code.
The computerised records of EMAT ENERGY INT. shall be considered by the parties as proof of the communications, orders, payments and transactions that have taken place between the parties.
Rules of disputes
These terms and conditions of sale are subject to French law.
Any dispute concerning the application, interpretation and
enforcement shall be brought before the commercial court of the seller's registered office even in the event of an appeal
warranty of multiple defendants.
The allocation of jurisdiction is general and applies whether it is a principal claim,
of an incidental claim, a substantive action or summary proceedings.
In the event of legal action or any other debt recovery action by the seller, the
legal summons fees as well as lawyer’s and bailiff’s fees and all related costs
or arising from the purchaser's failure to comply with the payment terms shall remain the responsibility
of the purchaser, who undertakes to do so.
EMAT ENERGY INT. Company / President Nicolas FABRE
20 June 2022