Terms of Sales
The ACTILEV SAS with capital of € 43,280 is registered in the trade register of Angoulême under the number RCS B440 372 951.
Its postal address is 112 bis rue Haute de Crouin 16100 COGNAC and its e-mail address is ventes@actilev.fr.
Any order under a product appearing in the online store site http://www.basculeur-grv-ibc.com requires consultation and prior acceptance of these terms and conditions of sale. The validation click of the order implies full acceptance of the present.
This click with value of “digital signature”
Consumers :
The www.basculeur-ibc-grv.com sales site is intended exclusively for professionals and is not intended for consumers within the meaning of the preliminary article of the Consumer Code.
Some reminders : which do not apply to the B2B website
- order button “order with payment obligation”
- right to retract
- automatic handling of transport
- risk penalty and withdrawal of contract in case of late delivery
Subject: These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by SAS ACTILEV to the consumer. Order confirmation : The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form. Proof of the transaction: The computerized records kept in the computer systems of the company ACTILEV under reasonable conditions of safety are considered as proof of communications, orders and payments between the parties. Confidentiality of the buyer’s banking information: All transactions made through our partner SYSTEMPAY ensure the utmost confidentiality of your bank details. Indeed, the website http://www.basculeur-grv-ibc.com will never know about these bank details.
The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence. Product Information: Every effort has been made to ensure the accuracy of the information presented on www.basculeur-ibc-grv.com. ACTILEV SAS or its suppliers are not responsible for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even if ACTILEV SAS is aware of the possibility of such damages. Names and brands of products and manufacturers are used for identification purposes only. Photos, descriptions and prices of products are not contractual. Period of validity of the offer and the price of it: Our prices are valid for the day. Delivery method: The products are delivered to the address indicated by the consumer on the order form and only in the geographical areas that we serve. All products leave our premises in perfect condition. The customer must report to the carrier the slightest trace of shock (holes, traces of crushing etc. ..) on the package, and if necessary to refuse the package. An identical new product will be returned to you at no cost. The exchange of any product declared, a posteriori, damaged during transport, without any reservation has been issued upon receipt of the package, can not be supported. As in any shipment, it is possible to be late or the product goes astray. In such a case, we contact the carrier to start an investigation. All efforts are made, as long as necessary, to find this package. If necessary, the merchant will be reimbursed by the carrier and deliver a new package identical to his expenses. We do not accept any responsibility for longer delivery times due to the carrier, especially in case of loss of products, bad weather or strike.
Delivery problem due to the carrier: Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken products …) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the signature of the customer. The consumer must confirm this anomaly by sending the carrier within two (2) business days of the delivery date a registered letter with acknowledgment of receipt exposing the said claims. The consumer must send a copy of this letter to SAS ACTILEV address 112 bis rue Haute de Crouin 16100 COGNAC. Without this fact, we do not proceed to any trade. Delivery errors: The consumer must formulate with SAS ACTILEV, the same day of the delivery or at the latest the first working day following the delivery, any claim of error of delivery and / or nonconformity of the products in kind or quality by compared to the indications on the order form. Beyond this deadline, any claim will be rejected. The formulation of this claim with SAS ACTILEV can be made to SAS ACTILEV address 112 bis rue Haute de Crouin 16100 COGNAC. Any claim not made in the rules defined above and within the time limits can not be taken into account and release SAS ACTILEV from any responsibility towards the consumer. In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to SAS ACTILEV as a whole and in its original packaging in perfect condition at the address SAS ACTILEV 112 bis rue Haute de Crouin 16100 COGNAC.
To be accepted, any return will have to be signaled and to have the prior agreement of SAS ACTILEV, which in case of agreement will forward the parcel to the right address. Shipping costs are the responsibility of the BUYER, except in the event that it turns out that the product does not match the original declaration made by the consumer in the right direction of return. Product warranty: The provisions herein can not deprive the consumer of the legal guarantee that obliges the professional seller to guarantee against all consequences of latent defects of the thing sold. The consumer is expressly informed that SAS ACTILEV is not the manufacturer of the products presented in the website www.basculeur-ibc-grv.com and that SAS ACTILEV disclaims any liability for defective products. Consequently, in case of damage to a person or a product by default of the product, only the responsibility of the manufacturer of it may be sought by the consumer, based on the information on the packaging of the product. The warranty period is 1 year after the billing date. For any warranty claim, the product must be shipped with a cover letter explaining the cause of the problem and a photocopy of the invoice. Right to retract : The right of withdrawal only applies to natural persons. In accordance with Articles L. 120-20, the consumer has a period of seven (14) calendar days to return, at its expense, the products do not suit him. This period runs from the day of receipt of the consumer’s order. Any return can be reported in advance to the customer service of SAS ACTILEV. The product must be returned to SAS ACTILEV address 112 bis rue Haute de Crouin 16100 COGNAC.
Only products returned as a whole, in their original packaging complete and intact, and in perfect condition of resale will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, returned or exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping and return. In the hypothesis of the exercise of the right of retraction, the consumer has the choice to ask for either the refund of the sums paid, or the exchange of the product. In the case of an exchange, the return will be at the expense of the consumer. In case of exercise of the right of withdrawal, SAS ACTILEV will make every effort to reimburse the consumer within 14 days. Back: In no case ACTILEV SAS is responsible for the loss or damage of packages in return. Packages against refund will be systematically refused. Payment : All our invoices are payable in cash. Any payment made before the expiry gives no right to any discount. In the event of late payment at any time, for whatever reason, the sums due will accrue interest automatically from the due date, at the conventional rate of 1.5% per month, with no other formality, until full payment of the sums due. In addition, it is agreed as a penalty clause, that if the customer’s default necessitates recourse to litigation or judicial recovery, the customer must pay, in addition to the principal, interest, costs and accessories to his load, an indemnity fixed 20% of the principal amount inclusive of the debt, and this as conventional and lump sum damages.
Rights of use: The use of trademarks on the site is strictly prohibited. Force majeure: Neither party will have failed in its contractual obligations, to the extent that their performance will be delayed, hindered or prevented by a fortuitous event of force majeure. Will be considered as a case of force majeure any fact or circumstance irresistible, outside the parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all efforts reasonably possible. The party affected by such circumstances will notify the other party within ten business days of the date on which it becomes aware. The two parties will then approach, within three months, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than a duration of one month, these terms and conditions may be terminated by the injured party. Expressly, are regarded as case of force majeure or fortuitous cases, besides those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers. Not partial validation: If one or more stipulation of the present general conditions are held for not validated or declared such according to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach. No waiver: The fact for one of the parties not to claim a breach by the other party to any of the obligations under these terms and conditions of sale can not be interpreted for the future as a claim the obligation in question. Applicable law : These general conditions are subject to French law. This is so for the fund rules as for the rules of form. In case of dispute or claim, the consumer will first contact SAS ACTILEV for an amicable solution.
Protection of personal data : All the data you entrust to us are so that we can process your orders. Under Law No. 78-17 of 6 January 1978 relating to computers, files and liberties, you have with SAS ACTILEV a right to rectify, consult, modify and delete data that you have communicated to us. This right can also be exercised online. Litigation: Any order placed through the site www.actilev.fr wins the customer’s adhesion, without any restriction, to the general conditions of sale of SAS ACTILEV. In the event of sale to a legal person, any difference relating to the sale (price, GTC, products …) will be subject to French law before the Commercial Court of the registered office of SAS ACTILEV.
