CGU – CGV
Last modification 13/12/ 2018
I – SCOPE – OBJECT
These general conditions of sale (the “GTC”) are intended to govern all commercial relations between the company GROUPE SOBER (“SOBER”) on the one hand, and any person proceeding to the acquisition of a Product (the “Customer”) on the other hand. The T & Cs apply to all orders, quotations, technical and commercial offers and sales of any product marketed by SOBER (the “Products”) and in particular catalog products without modification (“Series Products”), products made at the request of the Customer (the “Customized Products”), the supplies (the “Supplies”) and the accessories of the Products (the “Accessories”). All placing of an order implies the unconditional acceptance of the Customer to the GSC which prevails over all conditions not expressly accepted in writing by SOBER and in particular the commercial documents and / or general conditions of purchase of the Customer.
The fact that SOBER does not avail itself, at a given time, of the GSC can not be interpreted as being a waiver to use it later. Any special condition accepted by SOBER on the occasion of an order only binds SOBER for this order.
II – ORDERS
2.1 Acceptance of orders
Orders are issued by telephone at the times and numbers indicated on the website www.SOBER.fr or any other associated site (the “Site”), by sending an e-mail or fax, via the Protocol Pharma ML or directly on the Site (the “Order”). Any Order placed via the Site a business day before the time indicated in the Order will be processed the same day. Otherwise, it will be processed the next working day. The Order is definitive only after validation of SOBER. Any Customized Product Order will be the subject of an estimate sent to the Customer and subject to its express validation before processing, it being specified that any quotation is subject to a period of validity of 2 months. In the event of a significant deterioration of the Client’s solvency, assignment of Control of the Client, sale, rental, transfer, pledge of all or part of his business, SOBER may require any additional guarantee, the payment of a deposit, a payment in advance and / or cash before the validation of the Order.
2.2 Modification and cancellation of orders
Any Order may be subject to a modification by SOBER in writing to the Customer, who is free to accept or cancel all or part of the Order due to the proposed change. Once validated by SOBER, the Order is no longer modifiable or cancellable by the Customer unless written consent of SOBER. In this context, SOBER may make its acceptance subject to payment by the Customer of additional costs (cost of surcharges, reimbursement of expenses incurred, re-stocking, logistics costs, control, etc.) and / or longer delivery times. , of which he will inform the Customer beforehand.
III – PRICE – INVOICING – TERMS AND PAYMENT TERMS
The price of the Series Products, Supplies and Accessories is indicated in the SOBER catalog in force, and includes the provision of a standard packaging adapted to the Product and the delivery method. The price of the Customized Products is indicated on the quote sent to the Customer after processing the Order, and determined in particular according to the calculation parameters indicated in the SOBER catalog or on the Site. Prices are in euros.
3.2 Delivery costs
Any delivery of Product in Metropolitan France and Corsica is subject to the following delivery charges:
· Series Products: € 9.50 per package for any Order less than € 55 excl.
· Customized products: free for the first delivery, 10 € per package for return fitting, 19 € per package for rectification or model to copy,
· Supplies: € 9.50 excl. VAT for orders below € 600 excl. VAT,
· Accessories: 9,50 € for any order less than 160 € HT (Accessories alone or with Products of Series),
· Free for orders above the minimums indicated.
For deliveries outside Metropolitan France and Corsica, shipping costs apply automatically for each Order, the final amount of which is communicated by estimate to the Customer before validation of the Order. Shipping costs are exclusive of customs duties or taxes which remain entirely the responsibility of the Customer.
VII – LIABILITY AND GUARANTEE
7.1 Limitation of liability
SOBER’s liability is limited to direct damages suffered by the Customer, to the exclusion of any indirect damage such as loss of turnover, loss of business, loss of profits or any damage suffered by third parties. . In any case, the responsibility of SOBER is limited to one and a half times the total amount of the Order object of the dispute. The stipulations of this article are decisive in the Customer’s desire to conclude the GSC and the agreed price reflects the risk distribution between the parties and the resulting limitation of liability.
The Products are guaranteed in accordance with the legal provisions relating to the guarantee of hidden defects and to the legal guarantee of conformity. The Customer is informed of the importance of carrying out the maintenance of certain Products, in compliance with the technical instructions enclosed with the Product.
7.3 Exclusion of warranty and liability
SOBER disclaims any warranty or liability in the event that the Customer’s alleged failure is caused by (i) an accidental breakage, (ii) a non-conforming connection, (iii) a power supply failure, (iv) a use of the Product different from that for which it was designed and manufactured, or for purposes other than the maintenance, adaptation or repair of the Products, (v) failure to comply with the assembly instructions, use or maintenance as stated in the Product Data Sheet, (vi) a modification, maintenance, intervention of any type performed by a third party not authorized by SOBER, (vii) the addition or use by the Customer of parts, components or accessories other than those manufactured and / or sold and / or recommended by SOBER, (viii) natural wear and tear, (ix) an apparent defect that the Customer has not availed himself of within the legally prescribed time limits.
XI – FORCE MAJEURE AND FACTS OF THIRD PARTIES
The responsibility of SOBER can not be engaged in case of non-execution or bad execution of an Order due to the insurmountable and unpredictable fact of a third party, ie to a case of force majeure, like the war, the riot, the fire, strikes both at SOBER, as well as at its supplier or carrier, making its own supply impossible or the lack of delivery of goods to SOBER; and, more generally, any cause of interruption and supply on which SOBER has no means of directly intervening to remedy it.
XII – AVAILABILITY OF PARTS INDISPENSABLE TO THE USE OF PRODUCTS
The duration during which SOBER guarantees the availability of parts necessary for the safe use of the Products is indicated to the Customer by GROUPE SOBER on first request.
XIV – INTELLECTUAL PROPERTY RIGHTS – CONFIDENTIALITY
The Customer undertakes to respect all rights related to the intellectual property of SOBER and / or third parties, including copyright, trademark and industrial property rights of SOBER, including Products, documents, catalogs , the Site and each of its elements, the name of SOBER, its logotypes, images and photos. Any reproduction and use of the intellectual property of SOBER is expressly prohibited without the written permission of SOBER.
XV – DISPUTES
The GTC are subject to French law to the exclusion of all other rights, including the Vienna Convention on the International Sale of Goods. Any dispute concerning the conclusion, the application, the interpretation and the execution of the GSC is submitted to the exclusive competence of the Commercial Court of VILLEFRANCHE-TARARE, even in case of plurality of defendants or of call in guarantee, that this is a main claim, an incidental claim, an action on the merits or a summary.