Terms of Sales
The objective of the present general conditions of sale is to govern the contractual relationship between the company EURO-NEGOCE; having its headquarters at 180, route des Prés-Rolliers, ZAE Bromines-Est, 74330 Sillingy, France, Tel. +33 (0)4 50 24 48 24, Ltd Co. (SAS) with a capital of €1,000,000, Registered Office (RCS) Annecy B 404-196-818; and all legal entities wishing to purchase electrical goods.
1. Application of conditions
1.1 The general conditions of sale apply exclusively to all sales concluded by EURO-NEGOCE. All other conditions are effective only after written confirmation by the vendor.
1.2 Information given on price lists, Internet sites, notes, etc., are for information only and can, for this reason, be modified by the vendor without notice.
1.3 When placing an order or accepting an offer made by the vendor, the client accepts without reservation the present general conditions of sale.
2. Insurance and opening an account
To place the first order, all new clients must ask to open an account.
To open an account, the client must send us a document on which is mentioned the name of the company, its geographical address, its company registration number (Siret No), its principal activity code (NAF), and any other necessary information.
These elements will enable us to consult our credit insurance in order to determine payment terms.
In the event of refusal of cover on behalf of our insurer, EURO-NEGOCE will apply the conditions of cash settlement
3.1. Product definition : the client, in their professional capacity, defines their own needs, as well as the destination of the goods ordered. They will accurately respond to questions and information requested by EURO-NEGOCE, and forward verified completed data. This is a necessary obligation for the smooth running of orders.
3.2. Product availability : products are available while stocks last. For products not in stock in our warehouses, our offers are valid subject to availability at our suppliers. Clients having an access code to our daily-updated Internet site can also be informed of product availability.
3.3. Placing an order : orders can be placed by mail, fax, or email. Any modification in quality or quantity must first be accepted by EURO-NEGOCE. In the event of modification of standards or improvements made to goods ordered, EURO-NEGOCE reserves the right to make technical modifications as long as the objective of the ordered item is not altered.
EURO-NEGOCE reserves the right to refuse or cancel any client order where :
- there is any dispute over payment of a previous order.
- the credit terms have been exceeded from that agreed by our credit insurance.
3.4. Acknowledgment of receipt : each order will generate either a delivery note or an acknowledgment of receipt, sent by email or fax. The contract of sale will then be implemented.
3.5. Validity of offers : offers are valid according to stocks available. The offer remains valid for one month.
4. Prices– Invoice
4.1 The prices indicated are in euros and exclude taxes and delivery charges.
4.2 All products susceptible to variations in price of raw material will be index-linked as of the order date.
4.3 If you are a client operating outside France or in the French overseas departments and territories, the invoice will be made out excluding VAT.
4.4 If you are a client operating outside France or in the French overseas departments and territories, the invoice will be made out excluding VAT.
4.5 The invoice is issued on the date on which goods are sent.
Delivery is made either by direct delivery to the client, or by being handed over by a carrier, or by receipt of a delivery note by the carrier in case of absence at the time of delivery.
5.1Place of delivery : delivery will be made to the address indicated when the order was placed.
5.2 Standard expedition time :
For articles in stock ordered before 4 pm :
- - Same day for packages < 30 kg and 2 meters
- 48 hours minimum for pallets
goods out of stock will be dispatched when it becomes available, the client having been notified by email or fax of probable times
5.3 Delivery charges : Please refer to specific conditions for each country :
5.4 Late delivery :
- en cas de retard de livraison, nous vous conseillons de nous contacter afin de nous permettre de démarrer une enquête auprès du transporteur (les délais d’enquêtes peuvent varier de 1 à 20 jours). Si, pendant le délai de l’enquête, le produit est retrouvé, il sera réacheminé immédiatement au lieu de livraison convenu. Si en revanche, le produit n’est pas retrouvé à l’issu du délai d’enquête, le transporteur considère le colis comme perdu et nous vous renverrons un produit de remplacement à nos frais.
- In the event of a late delivery, please notify us in order for us to start an investigation with the carrier (this can take between 1-20 days). If, during this investigation, the package has been retrieved, it shall be immediately redirected to the agreed destination. However, if the package has not been found after the investigation has been completed, the carrier will consider the package as being lost and we will resend a replacement, at our expense.
- Being notified of a delay is for information only and without engagement on behalf of the vendor. No compensation can be claimed in case of late delivery; force majeure; or of events such as all-out or partial strikes; riots; requisitions; legal or administrative measures causing hold-ups; late, or prohibited manufacturing; importing goods; etc. The vendor is therefore cleared of any responsibility.
Unless otherwise agreed, EURO-NEGOCE is free to choose the carrier.
6.1. Risks related to transport : EURO-NEGOCE is responsible for any risks related to transport until delivery, i.e. until the physical handing over of goods to the consignee indicated while placing the order or its representative who accepts it, provided that the goods are checked during its reception in the presence of the carrier and that any observed reservations are notified, if need be, in writing on the delivery receipt, according to the procedure below.
6.2. Reception of goods : you must verify, during delivery, the good condition of packages and their contents. In the event of damage, you must issue a precise statement written on the carrier’s delivery receipt in their presence. You then need to advise EURO-NEGOCE by registered letter restating the reservations, in the 24 hours following the delivery. Goods accepted without reserve by the consignee at the time of delivery and/or in the absence of mail addressed to EURO-NEGOCE within 24 hours, are assumed to have arrived in good condition, in its entirety (number of components, delivery of that which was ordered). No subsequent complaint will be dealt with by EURO-NEGOCE.
Payments are made by placing funds into the account of the vendor.
7.1. Payment terms : invoices are payable by withdrawal, cheque, transfer, promissory note, signed and accepted draught, or by any other method of payment authorising immediate payment.
7.2. Payment conditions : these are fixed at the time of request to open a client account, according to the acceptance or not of the cover by our credit insurance.
EURO-NEGOCE reserves the right at any moment relating to risks incurred, commercial information or credit insurance, to modify the ceiling of insurance of each client and thus to modify the payment terms. That applies immediately to any pending order.
Refusal by the client to satisfy theses conditions opens the right by EURO-NEGOCE, either to cancel all or part orders, or to demand immediate payment of all sums due.
7.3. Late payment : any payment settled after the fixed payment date could give rise to the invoicing of penalties without prior notice being necessary.
Penalties for late payments are at a rate of three times the legal interest rate.
The client can never keep the total or part of the sum due by them nor make a compensation under the motive of a claim drawn up by them.
When the client is late in paying, the vendor has the right without prior notice to immediately suspend deliveries from which the client can not claim damages from the vendor.
In the event of an appeal caused by a contentious issue, the vendor has the right to claim from the client the reimbursement of expenses of any kind related to the legal proceedings.
8. Returns – After-sales service
8.1. Returns request : the returns request must comprise the following elements: precise coordinates of the customer, designation of the elements concerned, the reason for the return and the n° of the delivery receipt corresponding to the described parts.
8.2. Need for a return n° : any return of goods requires the prior agreement of EURO-NEGOCE, indicated by a return agreement n° which will be sent to you by fax in the days which follow your request, accompanied by the financial refunding or rebate conditions.
8.3. Return of goods : after obtaining a return agreement, the customer has 8 days to return the goods. The goods must be returned with a copy of the delivery receipt and the return agreement n°.
8.4. Necessity of original packaging : all goods must be returned in its original packaging, to ensure transport under good conditions. It must comprise the whole of the product and its accessories. All incomplete and/or damaged goods will not be taken back, nor exchanged, nor refunded, except for specific conditions. Returned packages are the responsibility of the client.
8.5. Refunding : any request for refunding can be taken into account only after the arrival of returned goods to EURO-NEGOCE according to the above procedure of return. A credit note will be set up in accordance with the return conditions and will be communicated to you by email or fax.
9. Standards - Guarantees
9.1. Standards : all products marketed by EURO-NEGOCE conform to European standards (CEN) and international standards (IEC).
9.2. Guarantees : the warranty period is 1 year as from the delivery date of goods except for Industrial Programmable Logic Controllers and derivatives where the guaranty is 6 months.
The responsibility of EURO-NEGOCE for this period is limited to repair of any material or construction defects other than any defect resulting from normal usage, transport, misuse or incorrect installation, fortuitous occurrences, or force majeure.
Any eventual loss of business or any other consequences resulting from defective goods delivered by EURO-NEGOCE are excluded from the guarantee.
The guarantee includes free replacement or repair of parts found defective. Those will have to be returned to us, with transport being at the expense of the client.
10. Ownership Reservation
Goods which are delivered and invoiced to you will remain the property of EURO-NEGOCE until full payment is made.
Non-payment, recovery proceedings or bankruptcy could involve the claim of goods by us, with restitution being immediate and goods delivered at your own expense, risk and danger.
From the time of delivery to the transfer of property, the risks of loss, theft, destruction, or damage remains your responsibility.
11. Rights to the image and authorisation of diffusion
The client authorises the company EURO-NEGOCE to fully use, in an unlimited way, whole or part of its statements, interviews, photographs, films, and any performances or images.
The client is informed that there will be no remuneration for their performances, declarations or interviews.
The client authorises the company EURO-NEGOCE, free of charge, to reproduce any known or unknown media to date and to represent on any medium and by any means (e.g. by Hertzian broadcasting; cable; satellite; diffusion on networks, in particular, the Internet; overhead projection; video graphic works), as well as the recordings of its interventions, images and voice, throughout the world and for an unlimited period, in a manner that allows the best commercial and non-commercial exploitation of the production, as well as its promotion.
In return, the company EURO-NEGOCE will not violate its declaration.
12. Courts of competent jurisdiction - applicable Law
Only the commercial court of Annecy is qualified, even in the event of plurality of defendants or claims on warranty and whatever payment method.
The law applicable is French law.