General conditions of sale of the site www.motopompe-incendie.com
Article 1: Object
Article 1.1: The Contract
These General Conditions of Sale apply to all orders placed on the website www.motopompe-incendie.com. They aim to define the terms of sale between the company EUROMAST and the Customer, from ordering to services, including payment and delivery. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties on the company's website EUROMAST.
These general conditions of sale are the only ones applicable when taking an order and replace all other conditions, except prior, express and written exemption. EUROMAST reserves the right to adapt or modify these General Conditions of Sale at any time. All modifications of these general conditions of sale are effective from the moment they are put online.
Article 1.2: Definition
The “Customer” means any natural person with whom the purchase-sale relationship is established and who will be invoiced for the order.
The "Site" means the website www.motopompe-incendie.com.
« EUROMAST "Means the company EUROMAST, SARL with a capital of 60,000 euros, whose registered office is 90 allée des Érables - 73420 Drumettaz-Clarafond, registered under number 437 706 401 00035 RCS CHAMBERY.
Article 1.3: Capacity
The Customer declares to have full legal capacity allowing him to commit under these general conditions of sale.
Article 1.4: Destination
To ensure the availability of products for all of its customers, particularly during promotional offers, EUROMAST reserves the right to refuse to honor all or part of an order deemed abnormal, in particular, with regard to the quantities of products usually ordered by a consumer.
Article 2: Content of the offer
Article 2.1: www.motopompe-incendie.com is a site which aims to offer for sale personal protective equipment for firefighting: helmets, full response clothing related to fire, safety shoes, gloves, lighting and other tools for fire safety. The products and items offered for sale are described and presented with the greatest possible accuracy.
Article 2.2: All product and item offers, as well as the delivery terms, are valid in mainland France excluding Corsica.
Article 2.3: www.motopompe-incendie.com may, in particular because of its suppliers, be required to offer the Customer products and articles of slightly different composition from that described, but in any event of equal or superior quality to the product or item ordered. In this case, if the replacement products and items, once received by the Customer do not suit him, the costs of return postage will be borne by EUROMAST.
Article 3: Availability
Product and item offers are valid as long as they are visible on the Site, and within the limits of available stocks.
Upon receipt of the order by the Customer, EUROMAST will check the availability of the product (s) and article (s) ordered. In the event of unavailability after placing the order, the Customer will be informed of the period within which the product (s) and / or article (s) ordered will be made available.
If the Customer does not wish to wait for the availability of the product (s) and / or article (s) ordered or in the event of definitive unavailability of the product (s) and article ( s) ordered, it will be reimbursed for all the sums paid, if its bank account has been debited, within 30 days of validation of the order. No compensation will then be due to the Client.
If the Customer wishes to wait for this provision, EUROMAST undertakes to deliver the entire order, minus the unavailable product (s) and / or item (s), specifying, where applicable, the additional delivery time for these items.
Article 4 Price
The prices of products and articles on the Site www.motopompe-incendie.com are indicated in Euros all taxes included and take into account the French VAT in force on the day of the order for the products and articles concerned. If the VAT rate were to be modified, these changes could be reflected in the prices of products and articles, without the Customer being informed beforehand.
The prices indicated on the Site www.motopompe-incendie.com are only valid for sales made on the Site. They are guaranteed subject to obvious typographical or printing errors.
These prices are exclusive of the flat-rate contribution to the shipping costs in force on the day of the order.
EUROMAST reserves the right to modify the prices at any time but undertakes to apply the prices in force at the time of the validation of the order by the Customer, subject to the availability of products on that date.
If one or more taxes were to be created or modified up or down, this change may be reflected in the selling prices of products and sales documents.
Article 5: Order
Any order implies acceptance of the prices and description of the products and articles available for sale on the Site.
In addition, any order entails the Customer's full acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will constitute proof of the transaction between EUROMAST and the Customer.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the site www.motopompe-incendie.com.
The “click” of the checkbox on reading and accepting the general conditions of sale, validating the order, is equivalent to an “electronic signature” and is equivalent to a handwritten signature.
It constitutes an irrevocable and unreserved acceptance of the order by the Customer and of the Customer's acceptance of these general conditions of sale.
Article 5.1: Creation of a user account
Before being able to place an order, the Customer must create a user account.
This account will allow him to make his purchases and follow the progress of his orders.
The Customer must necessarily complete a form, containing in particular the following information: title, surname, first name, full delivery and billing address, e-mail and telephone number.
This information is necessary for the order to be recorded and shipped.
Article 5.2: Order and order tracking
The order takes place in five stages: Validation of the basket, Information required for delivery, Validation of the order and payment, Confirmation of the order: date of registration, Sending of the order.
For a better follow-up of his order, the Customer can identify himself on the Site by entering his identifiers (e-mail and password).
The Customer interested in a product or an article visible on the Site follows the following process in order to place his order online:
1: Validation of the Basket:
After having clicked on the icon "Add to your basket" and after having checked the specificities of his order (product, quantity, price, size, etc.), the Customer validates the choice of the product (s) or article ( s) selected by clicking on "validate and go to the next step".
2: Information necessary for delivery:
The Customer completes all the information necessary for delivery, then he chooses his mode and place of delivery.
3: Validation of the order and payment:
Pursuant to article 1369-5 of the Civil Code, the Customer may preview his order, in the form of a summary showing the total price, the delivery costs and may modify his basket or his delivery address before the final confirmation of the order. He then chooses his method of payment and records his order.
Once the order has been registered and the payment stage has been confirmed, an email is sent to the Customer, summarizing all of their order and confirming that the order has been taken into account. This is sent for information.
However, the order will not be considered accepted by EUROMAST only when payment has been confirmed and EUROMAST will have validated the order with regard to its risk acceptance criteria.
4: Order confirmation: date of registration
Following the first email, an email confirming the order will be sent to the Customer.
From then on the order is validly registered. The delivery period starts from this date.
5: Sending the order:
In the days following the confirmation of his order, the Customer receives an order summary e-mail indicating that the package has been dispatched.
Article 5.3: Archiving of orders
Orders are archived on our server. At any time, the Customer can access the details of his orders by contacting EUROMAST.
Article 6: Payment
The Customer has the option of paying by bank card directly on the Site. EUROMAST has set up the technical means necessary to secure orders and related payments made on its site by the Customer.
Article 6.1: Payment by bank card on the site
On the occasion of the validation of his order, the Customer provides the number of his bank card associated with the expiration date and the cryptogram made up of the last three digits appearing on the back of it.
The withdrawal from the Customer's account by EUROMAST made to order.
Article 6.2: Failure to pay
EUROMAST reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous or current order or with whom a dispute is being administered as long as 'a solution to this dispute will not have been found.
Article 7: Payment security
Article 7.1: Secure payment
When the Customer pays by credit card, he is invited at the end of the order to indicate his card number, the validity date and the last three digits appearing on the back of the card. Various accesses to authorization distributors are then carried out in order to verify the data to avoid abuse and fraud. For this, the server is in encrypted mode and all the information conveyed is encoded. None of this data travels unencrypted over the Internet.
In all cases, the online supply of his card number and the final validation of his order will constitute proof of the integrity of the order and the exigibility of the sums due in execution of the said order.
This validation implies express acceptance of all operations carried out on the Site.
Article 7.2: Safety devices
To ensure the security of payments, the site uses the secure payment service of Crédit Agricole. This service integrates the SSL security standard.
Confidential data (the 16-digit bank card number and the expiration date) are directly transmitted encrypted to the EUROMAST without passing over the physical media of the server.
When the order is validated, the payment request is routed in real time to the Société Générale secure electronic payment manager. This sends an authorization request to the bank card network. The electronic payment manager issues an electronic certificate.
EUROMAST controls all orders that have been validated on the Site. These controls aim to protect EUROMAST and its clients of abusive practices operated by fraudsters.
For an order that has a delivery address different from the billing address, the services of EUROMAST may need to contact the two persons mentioned; namely, the person attached to the billing address and the one indicated for the delivery address.
As part of these procedures, these services may be required to ask the Customer for all the documents necessary to release his order: proof of address and debit in his name, but also proof of address in the name of the person indicated for the order. delivery address, etc. These requests are made by email and then by post with AR.
The information provided in the order form is subject to automated data processing. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
The non-transmission of data by the Customer on the order form prevents the completion and analysis of his order.
The occurrence of an unpaid due to fraudulent use of a bank card will result in the registration of the details of the order form associated with this unpaid within a payment incident file. An irregular declaration or an anomaly may also be the subject of specific processing.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data, by writing by mail and in justifying his identity to EUROMAST.
Article 8: Delivery
To have it delivered, the Customer has the free choice between home delivery, delivery to his place of work or to any other address of his choice stipulated when ordering.
At home or at any other address: If the Customer is absent, a notice is left in his letterbox if necessary.
Article 8.1: Delivery times
The order is sent to the Customer by a carrier chosen according to the basket after checking the stock within 2 to 3 working days, except in cases of force majeure which would delay delivery. If a delay is likely to occur in the delivery, EUROMAST undertakes to notify the Customer as soon as possible. EUROMAST will then contact the carrier concerned to open an investigation, it being specified that the timeframe for an investigation may be long. In the event of a prolonged delay in delivery, the Customer is invited to report it as soon as possible to customer service. EUROMAST using the telephone number indicated in the order confirmation email.
In the event of delivery times exceeding 7 days from the scheduled delivery date, the Customer is entitled to cancel his order.
In the event that the order has not yet been shipped upon receipt of the Customer's cancellation notice, delivery will then be blocked and the Customer reimbursed any sums possibly debited within 14 days of receipt of said notice. cancellation in accordance with Article L. 216-3 of the Consumer Code.
In the event that the order has been shipped, the Customer will always have the option of canceling his order by refusing the package. In this case, EUROMAST will refund the products with the exception of return costs within 14 days of receipt of the return of the refused package complete and in its original condition.
In case of delivery by a carrier, EUROMAST can not be held responsible for late delivery due exclusively to the unavailability of the Customer after several proposals for meetings.
Article 8.2: Delivery costs
For each order, the delivery costs are free.
Article 9: Retraction
Article 9.1: Principle
In accordance with articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of 14 calendar days from receipt of his article to exercise his right of withdrawal without having to justify his decision or bear other costs. The day of receipt of the goods is not counted within the period mentioned above. The period begins to run at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the period. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
In the case of an order for several articles delivered separately, the period starts from receipt of the last article.
Article 9.2: Methods of returning articles
The Customer exercises his right of withdrawal by informing EUROMAST of its decision to withdraw by sending, before the expiry of the period provided for above, the withdrawal form mentioned in 2 ° of article L. 221-5 of the Consumer Code or any other declaration, unambiguous, expressing its desire to withdraw. A form is available on the Site on the “Contact” page.
To do this, the Customer must:
Access his order history from his account.
Select the order containing the product (s) it wishes to return.
Select the product (s) she wishes to return by checking the box next to her name.
Add an explanation, so that EUROMAST understand the reason why the order will be returned.
Once the form has been completed, click on "Generate a return", and the request will be sent to EUROMAST.
Si EUROMAST deems the reason for the return valid, the return manager must access the order management page on the site administration tool, he will then drag the product to be returned to the return drop zone.
Then, the Customer will receive an e-mail indicating that they can return the product (s) with a transport voucher. An email will also be sent by post with a return label that the customer must affix to his package before delivering it to the post.
Prepare the package using the return slip and the transport slip and take it to the Post Office.
Sending address :
90 allée des Érables - ZA du Pontet
The Customer has 14 days from the communication of his decision to retract to return his item.
The products must be returned in the state in which the Customer received them with all the elements (accessories, packaging, instructions, etc.).
Common law, products travel at the risk of the Customer.
Article 9.3: Refund
The Customer will be reimbursed for all the sums paid, at the latest within 14 days from the date on which EUROMAST is informed of the Customer's decision to withdraw. However, in accordance with paragraph 2 of Article L 121-21-4 of the Consumer Code, this reimbursement period is deferred until the product is recovered by EUROMAST or until the Customer has provided proof of the shipment of the product concerned, the date chosen being that of the first of these facts. Proof of shipment of the product is understood to mean any means of justifying the dispatch of the product concerned to EUROMAST.
The reimbursement will be made using the same means of payment as that used by the Client for the initial transaction, unless expressly agreed by the Client for the reimbursement to be made by another means of payment.
Article 10: Retention of Title
The products remain the property of EUROMAST until full payment of the price of the order. However, from the receipt of the order at the Customer or at the point of sale chosen by the latter, the risks of the goods delivered are transferred to him.
Article 11: Signature and proof
For any payment by bank card on the Site, the electronic certificate issued by the remote payment manager will be proof of the amount and the date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code.
The computerized registers, kept in the computer systems of EUROMAST will be considered as proof of communications, orders and payments between the parties.
In this regard, the dates and times of the server will prevail between the parties.
Article 12: Liability
EUROMAST cannot be held responsible for the non-performance of the order concluded, due either to the fact of the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to the occurrence of an event of force majeure and in particular, without this list being exhaustive, in the event of disasters caused by floods or fires.
The responsibility of EUROMAST cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network and totally outside the diligence and precautions taken by EUROMAST.
In particular, any disruption in the provision of the service or any external intrusion or presence of computer viruses, cannot engage the responsibility of EUROMAST.
In the event of a complaint of any kind whatsoever from the Customer on an order, the Customer has 30 days maximum, counting from the date of the estimated term of delivery of the order, to contact the EUROMAST. Beyond this period, no claim will be accepted, with the exception of the application of the legal guarantee of conformity provided by law. In the event of such a stake, if the repair or replacement of the goods ordered is impossible, the costs of returning the goods by postal parcel will be borne by EUROMAST.
Likewise, any event qualified as force majeure, within the meaning of the case-law of the Court of Cassation, fully exempts EUROMAST of any responsibility.
Article 13 - Guarantees
13.1. Legal guarantee of conformity (article L211-4 et seq. Of the Consumer Code)
The Customer is informed that the guarantor of the defects in the thing sold is the company EUROMAST. When acting as a legal guarantee of conformity and as detailed below, the Customer:
- has a period of two years from the delivery of the property to act;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 211-9 of the consumer code;
- is exempted from bringing proof of the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
It is reminded that the legal guarantee of conformity applies independently of the possible commercial guarantee that the manufacturer could grant.
The Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, the Customer can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the civil code.
As part of the legal guarantee of conformity, if the goods ordered by the Customer have a lack of conformity existing at the time of delivery, EUROMAST, depending on what is possible, undertakes:
- either to replace the Customer's product or article with an identical product or article depending on available stocks,
- either to exchange a product or article for a product or article of equivalent quality and price depending on available stocks,
- either to reimburse him the price of the product or article ordered within 30 days of the Customer's request if replacement proves impossible.
13.2 Guarantee against hidden defects (article 1641 and following of the Civil Code)
EUROMAST is bound by the warranty for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer has not acquired it, or has not given a lower price, if he had known them.
As part of the warranty for defects in the item sold, EUROMAST, according to the choice of the Customer undertakes, after evaluation of the defect:
- Either refund the full price of the product returned to EUROMAST,
- Or to reimburse him a part of the price of the product if the Customer decides to keep it.
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
13.3. Exclusion of Guarantees
Products or articles modified, repaired, integrated or added by the Customer are excluded from the guarantee. The warranty does not cover apparent defects. The guarantee will not cover products or services damaged during transport or improper use.
Article 14: Personal data
All data collected by the site www.motopompe-incendie.com with the Customer are subject to computer processing intended for processing the online order and subsequent contractual obligations.
They can be used as commercial prospecting and promotional communication linked exclusively to the seller's activities, and can be transmitted to service providers or any administrative or judicial authority which requests it.
In addition to the right of access, rectification and opposition provided for in article 4 above referred to, and in accordance with the Data Protection Act n ° 78-17 of January 6, 1978, the Customer can access at any time to personal information concerning him and held by the site www.motopompe-incendie.com, request their modification or deletion by sending an electronic message to or by post to the following address:
90 allée des Érables
ZA du Pontet
Thus, the Customer may, irrevocably, request that any information concerning him which is inaccurate, incomplete, equivocal, out of date or whose collection or use, communication or communication be rectified, completed, clarified or deleted. retention is prohibited.
In accordance with the said law, the files and processing of personal data have been declared to the Commission Nationale Informatique et Libertés (CNIL).
Article 15: Intellectual Property
EUROMAST owns the rights to the texts, the general architecture, the images, whether animated or not, the graphics and the sounds and more generally all of the content of the Site.
In accordance with article L122-4 of the Intellectual Property Code, any representation or reproduction in whole or in part of the content made, by any process whatsoever, without the consent of EUROMAST is illegal. The same is true for translation, adaptation or transformation, arrangement or reproduction by any art or process.
Violation of the provisions of article L122-4 of the Code of Intellectual Property constitutes an infringement within the meaning of article L335-2 of the same code, which constitutes an offense.
Nothing in these General Terms and Conditions of Sale may be interpreted as granting the Client a right of any kind whatsoever over the elements protected by intellectual property, including EUROMAST could have the property or the exclusive right of exploitation.
Any simple link or hypertext is strictly prohibited without the express written agreement of EUROMAST. In any event, any link, even tacitly authorized, must be removed on simple request from EUROMAST.
Article 16: Entire general conditions of sale
These General Conditions of Sale concluded between EUROMAST and the Customer express all the rights and obligations of the parties.
No document, no indication, no correspondence can give rise to obligations under these General Terms and Conditions of Sale, if they are not the subject of an addendum signed by both parties.
If a particular provision of these General Conditions of Sale is held to be invalid or declared as such by a decision having the force of res judicata of a competent court or if one of the clauses of these Conditions is null and void by a change of legislation, regulations, the other stipulations will retain all their force and scope.
This can in no way affect the validity and compliance with these General Conditions of Sale.
Article 17: Applicable law - Settlement of disputes
These General Conditions of Sale are subject to French law.
In the event of a dispute relating to an order on the site www.motopompe-incendie.com, the Customer must contact customer service, the contact details of which are given on the Site.
If, after filing a complaint with the customer service of EUROMAST, the result turns out, from the point of view of the Client, unsuccessful or unsatisfactory, the latter has the possibility of initiating a recourse with a mediator whose contact details will be communicated to him by EUROMAST, in application of the provisions of Article L. 612-1 of the Consumer Code which provides that “Any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of the dispute between him and a professional."
It should be noted that recourse to mediation will only be valid if:
1 ° The Customer justifies having attempted, beforehand, to resolve his dispute directly with EUROMAST, by a written complaint;
2 ° The request is not manifestly unfounded or abusive;
3 ° The dispute has not been previously examined or is not being examined by another mediator or by a court;
4 ° The Customer submitted his request to the mediator within a period of less than one year from his written complaint to the customer service of EUROMAST;
5 ° The dispute falls within the jurisdiction of the mediator.
In the event of legal action, this will be brought before the competent courts of the defendant's domicile or the place of delivery or the jurisdiction of the registered office of EUROMAST.