GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale (GT&CS) are subject to change. The current version is the one appearing on our website www.icape-group.com/cipemshop GENERAL TERMS AND CONDITIONS OF SALE.
In the absence of any special written agreements, the placement of an order by the Customer indicate acceptance of the GT&CS herein.
They prevail, according to the provisions of the article L. 441-6 of the Commercial Code, on all purchase conditions, unless special sale conditions were written in agreement with both parties.
All contractual agreements entered into by ICAPE Group, ICAPE SAS, CIPEM SAS (herein after referred to as “ICAPE Group”) and clients are subject to the General Terms & Conditions of Sale applying at the time the contract takes effect.
All contractual agreements entered into will be between ICAPE Group and business clients (herein referred to as “the Client”) who must be 18 years of age and legally competent.
If ICAPE Group should unintentionally enter into a contractual agreement with a person legally incapable to enter contracts, any contractual agreement between the two parties becomes void with immediate effect.
Placing an order on www.icape-group.com/cipemshop requires the Client to register/set up a CIPEM online account (i.e. user profile). Clients must register under their own name, and complete all mandatory fields correctly.
For any company account opening, the customer must provide to ICAPE GROUP his company name, the contact name, his department, his contact information (address, telephone number, Fax, ...) as well as his VAT number and / or his SIRET number (France only).
The current prices are those appearing on the quotation shared with you.
ORDERS AND DELIVERY
We provide an acknowledgement of order from the moment that the order is confirmed by our technical service, and we inform you in case of product unavailability, deferred delivery, …
Liability is only limited to merchandise supplied by ICAPE Group and does not apply to damage, injury or loss of income coming from a defective component.
Goods sold are guaranteed against any faulty operation due to a defect in material, defect in the fabrication or conception, for a period of 3 months as from the date of invoice, subject to a conform use of the product.
Thus, the guarantee is excluded if the defect results from a modification of the product, neglect or lack of maintenance by the user.
Limitation of the guarantee
Our guarantee is limited to repair or replacement of custom made technical parts PROVIDED BY CIPEM recognized as defective by our technical service. The guarantee does not extend to the repair time, transformation or change of equipment.
DELAY, RETURNS, CLAIMS, CONTESTING
The customer must ensure at the time of delivery, in the presence of the carrier, that the packages do not hold any trace of suffering, debris, burglary and that the number of packages corresponds to the one stated on the shipping documents.
The customer must mention the reserves on shipping documents, otherwise he must notify it, according to the article L. 133-3 of the Commercial Code, to the carrier by registered letter with recorded delivery at the latest within three days after the delivery, with a copy addressed to ICAPE Group. Otherwise, no claims can be accepted by ICAPE Group.
The technical parts must be returned with the delivery note or the corresponding invoice, within maximum 5 days from the reception. The custom made technical parts will be subject to a quality control before any decision-making.
RETENTION OF TITLE AND TRANSFER OF RISK
Under the article 2367 and following ones of the Civil Code, the sold goods remain the property of ICAPE Group until the full payment of the price and its accessories (property clauses). In case of dispute or contesting from the customer, no compensation of any kind, cannot call into question the title retention clause.
This layout shall not interfere with the transfer to the customer as early as after the delivery, risk of loss and damage of sold goods, as well as the damage they could cause.
PROTECTION AND USE OF DATA
In order to ensure the best service for our customers, ICAPE Group and its partners use some information provided by customers and only for a professional reason. By adhering to the general terms and conditions of sale, the customer agrees to this so-called use.
According to the Data Protection Act of 6 July 1978, you have a right of access and rectification of the data.
According to the LCEN law, the online registration allows ICAPE Group to collect the permission to receive emails. If the addresses are provided by the traditional trade channel, a commercial message is sent to the client in order to confirm the use of his address. The relevance of messages sending by ICAPE Group is based on information collected during the user registration or at the interview with our sales force members.
ICAPE Group should in no way be held responsible for delay or execution failure of its obligations in case of force majeure, in cases of natural disaster, bad weather, fire, explosion, flood, national strike, accident, riot or civil disorder, abnormal delay due to supplier, shortages of goods and material.
In case of breach of contract by either party, this contract is automatically committed of right in favor of the other party, without prejudice to damages and interests which may be claimed from the defaulting party. The resolution takes effect 10 days after a sending formal remained unsuccessful.
All disputes arising out of sales transactions subject to these GENERAL TERMS AND CONDITIONS OF SALE depend on the exclusive jurisdiction of the Commercial Court of Hauts de Seine (92).