General Conditions of Sale CAP'VEA



These General Conditions of Sales are subject to change.
Version of 1 December 2017

 

GENERAL CLAUSES
These General Conditions of Sales apply exclusively to professional customers.They shall prevail, in accordance with the provisions of Article L. 441-6 of the Trade Code, over any terms and conditions of purchase, unless specific conditions of sales are agreed to between the parties.

 

ORDERS
Orders are placed online at www.capvea.com
Orders can be sent to us by Courier for a minimum order of 150€ HT to CAP'VEA– Avenue du tour de la loyre - 19360 MALEMORT - France - Telephone: +33 5 33 06 99 76 - Mail: contact@capvea.com.In the latter case, a customer account will be opened.In order to open a corporate account, the client must provide CAP'VEA SAS with their legal name, contact name, department, Bank Identification Statement (with IBAN and BIC), contact information (address, phone, fax), and intra-community VAT number and SIRET number.
It is imperative to include the client’s contact information (Legal Name, First Name, Name, Telephone and Email ) and the offer number if previously communicated by the commercial department.

We record orders received in our offices until 6 p.m.
We return an acknowledgement of order by email, and inform the customer if product is unavailable, if delivery is delayed....
Participation in the processing fee of 10€ HT will be charged for any order under 40€ HT.
Any cancellation of an order by the customer must be confirmed in writing.
Scheduled commands
Customers can benefit from orders scheduled for up to one year and limited to 12 deliveries per order.A programmed order cannot be cancelled within 14 calendar days prior to the requested delivery date.

 

PRODUCTS
All specifications, illustrations and indications of weight, size or capacity and any other details contained in the publications are for the sole purpose of providing a general description of the products and are not to be construed as a contractual commitment by CAP'VEA SAS.

CAP’VEA SAS reserves the option of discontinuing the marketing of any product proposed to the Buyer on the tariff or commercial documents and/or modifying the characteristics of those products at any time without any notice or entitlement to any damages.

DELIVERIES
All registered orders are delivered ex-factory price with extra transport and packaging including the next business day, to the address provided by the customer, subject to availability of inventory and special cases.
Delivery times are provided for information purposes and failure to comply with them will not result in cancellation of the sale or payment of damages.

Express deliveries are proposed to the customer on simple demand(request) and pull(entail) an additional cost, charged in supplement.

PRICE(PRIZE) AND TERMS OF PAYMENT
Current prices are the ones appearing on our www.capvea.com web site or available on simple demand(request) by email in contact@capvea.com. They are stipulated in Euros exclusive of tax, VAT in addition. CAP’ VEA SAS(CAP VEA SAS,) reserves the right to modify them at any time. The prices(prizes) appearing in the catalog and on our supports(media) of sales are given for information purposes.
Postal charges colissimo or letters followed will be charged to the realities for any commands(orders) lower than 40€ HT and franco for any superior commands(orders) or equal to 40€ HT (the special or express deliveries will be charged in supplement).
The terms of payment are with order except agreement on sales department and fixed at the most in 30 days, the month end, date of invoice, subject to the authorized credit line, by bill of magnetic spicy(found) exchange ( magnetic LCR) or transfer except particular cases. Any opening of an account to CAP VEA SAS(CAP VEA SAS,) commits(hires) the customer to make the formalities with his(her) bank for the treatment(processing) of the magnetic LCR. No discount is granted(tuned) for early settlements. A cash settlement is required(demanded) in the opening of the account and for the first command(order), CAP VEA SAS(CAP VEA SAS,) can ask for a regulation(payment) before the expedition(shipping) of products.
In case of delay in payment, according to the law N 2008-776 of August 04th, 2008, the customer incurs penalties, without a reminder(abseiling) is necessary, The day according to the date of regulation(payment) appearing on the invoice.Unless otherwise stipulated who cannot however fix a lower rate to three times the legal interest rate, the interest rate of late charges is equal to the interest rate applied by the European Central Bank to its most recent operation of refinancing, increased by 10 points of percentage.The customer is deposed(fallen) of the profit of the term and CAP VEA SAS(CAP VEA SAS) can require(demand) the immediate payment of the balance of the due remaining price(prize).The customer supports(bears) all the expenses committed(hired) by CAP VEA SAS for the covering(collection) of the due sums and CAP VEA SAS can besides demand to the customer, as penalty clause, a compensation(allowance) corresponding to 10 % of the balance.
By virtue of the article D. 441-5 of the Commercial law, a fixed compensation(allowance) of compensationrecovery costs are due by operation of law on the first day of arrears of payment regardless of the time period applicable to the transaction (additional period provided for in section L. 441-6 I paragraph 8, period agreed to in section L. 441-6 I paragraph 9, prescribed period provided for in section L. 441-6 I paragraph 11, time provided for in 1 to 4 of section L. 443-1). This lump sum payment of €40 must be made in the event of a delay in payment of any debt, in addition to the penalties for delay.

CAP’VEA SAS reserves the right, with or without notice, to suspend the customer’s outstanding orders until the customer has paid the amounts owing and to repossess the delivered material.

OWNERSHIP RESERVE AND RISK TRANSFER
Pursuant to Article 2367 and following of the Civil Code, the goods sold remain the property of CAP'VEA SAS until full payment of the price and its accessories (ownership clauses).In the event of a dispute or a dispute by the client, no compensation, of any kind, can challenge the ownership reserve clause.

This provision does not impede the transfer to the customer upon delivery, the potential for loss, deterioration and damage to the property sold.

WARRANTY

Any claim must include details on the use of the item, the date of purchase and the location of the defective component.We reserve the right to either replace this item or establish a value of the price charged.
Liability is limited only to goods supplied by CAP'VEA SAS and does not apply to damage, injury or loss of revenue from a defective component.CAP'VEA SAS shall not be liable for the use of the Product made by the Purchaser. No warranty or warranty shall be given or implied as to the wear and tear of the Goods or their suitability for a specific use or use under special conditions without a specific written provision or agreement from the Vendor
The use of the goods supplied by CAP'VEA SAS shall be in accordance with the manufacturer’s technical specifications.All of our products have only a traceability of the source of supply.It is the customer’s responsibility to ensure that this condition is sufficient to meet the requirements of the final destination of the goods purchased.

 

 

DELAIS, RETURNS, LITIGATION, CHALLENGES
The customer must ensure at the time of delivery, in the presence of the carrier, that the packages show no signs of suffering, debris, break and enter and that the number of packages matches the number indicated on the transportation documents.
The Customer must indicate any reservations on the transportation documents, or if there are no reservations, notify the carrier, in accordance with section L. 133-3 of the trade code, by registered letter with acknowledgement of receipt no later than three days after delivery, with a copy addressed to CAP'VEA SAS. Failing this, no claim can be accepted by CAP’VEA SAS.
The return must be made free of port, within 10 days from the date of receipt of the goods at the client’s premises.
In order to identify the return, the client requires prior authorization and a return number from Customer Satisfaction.This condition is required to perform the accruals requested.

Products must be returned to us in their original undamaged packaging (failing which return cannot be accepted), accompanied by the CAP'VEA SAS order number, and the corresponding delivery ticket or invoice, within a maximum of 5 days from the creation of the return.
In the event of a return of merchandise that does not have the order number clearly marked on the package, charges are deducted up to € 50 HT and the package may be returned to the customer.
Returned products are quality controlled prior to any decision-making.
In the event of a return of merchandise due to the customer, a handling fee is deducted up to € 25 HT.
In the event of proven litigation, late interest is suspended.

 

 

DATA PROTECTION AND USE
In order to ensure the best service for our clients, CAP'VEA SAS and its partners use certain information provided by clients in a professional capacity only.
In accordance with the computer law and freedom of July 6, 1978, you have a right of access and correction to your personal data by contacting the Customer Database Service by mail who will make the necessary arrangements.
By law, registration allows CAP'VEA SAS to collect authorization to receive emails.Each email sent by CAP'VEA SAS directly offers the option to unsubscribe.
The appropriateness of the messages issued by CAP'VEA SAS is based on the information gathered during the recording of the Internet user or during interviews with members of our sales force.

 

 

FORCE MAJEURE
CAP’VEA SAS shall not be liable for any delay or failure to fulfill its obligations in the event of a force majeure, particularly in the event of a natural disaster, inclement weather, fire, explosion, flood, national strike, accident, riot or civil unrest, abnormal delay by the supplier, shortage of products and material.

SUBSEQUENT CLAUSE
In the event of any breach of its obligations by either party, this Agreement shall be resolved in its own right to the benefit of the other party, without prejudice to any damages or interests which may be claimed to the defaulting party.The resolution takes effect 10 days after an unsuccessful demand has been sent.

PATENT VIOLATION OR PROPRIETARY PATTERNS
The Customer will be required to compensate CAP'VEA SAS for any penalty and fee to which CAP'VEA SAS may be exposed as a result of achievements made in accordance with the specifications with patents or templates filed.

 

EXPORT
A cash settlement is required(demanded) in the opening of the account and for the first command(order), COURSE VEA SAS(CAPE VEA SAS,COURSE VEA AIRLOCK) can ask for a regulation(payment) before the expedition(shipping) of products.
The regulation(payment) will be made by transfer in date of invoice or bank card on the site of on-line sale in the comande.

The charges of port(bearing), special and banking packagings are chargeable to the customer for any sending except(off) metropolis.
In the present paragraph, "Incoterms" will indicate(appoint) the international rules(rulers) of interpretation(performance) of the commercial conditions of the current International Chamber of Commerce to the date of conclusion of the contract. Unless the context requires(demands) him(it) otherwise(differently), any term or expression defined or taking a particular sense(direction) in the capacities(measures) of Incoterms will take the same sense(direction) in the presentConditions;however, in the event of a conflict between the provisions of the Incoterms and those of these Terms, these Terms shall prevail.The Purchaser will be required to comply with any laws or regulations governing the importation of goods into the country of destination and to pay any taxes in respect of such importation
The customer agrees, with the products they have ordered from us, to comply with existing regulations regarding trade restrictions on certain goods or against certain countries (see www.douane.gouv.fr under Business Restrictions) or suspicious organizations.

ASSIGNMENT OF COMPETENCIES
All litigation arising out of the sales transactions subject to these General Conditions of Sale is within the exclusive jurisdiction of the BRIVE LA GAILLARDE Trade Tribunal.
CAP'VEA SAS to Capital of 40,000€ - RCS BRIVE - N°TVA FR FR80833430457 - SIRET 833 430 457 00014 – NAF 2219Z
Catalogue produced with data managed by CAP'VEA - Non-contract photos.Photographs produced by CAP'VEA - The catalogue remains the property of CAP'VEA SAS. Any reproduction, whether complete or partial, is strictly prohibited under threat of prosecution.

GENERAL CONDITIONS OF SALE TO INDIVIDUALS
December 1, 2017 version

 

PREAMBLE
These terms and conditions are entered into by CAP’VEA: SAS to Capital of 40,000€ - RCS BRIVE - N°TVA FR80833430457 - SIRET 83343045700014 – 2219Z - Head Office - Avenue du tour de la LOYRE - 19360 MALEMORT - FRANCE, and, on the other hand, persons wishing to make a purchase via www.capvea.com, deliverable in Mainland France.The parties agree that these terms and conditions of sale, available on the day of purchase, govern their relationship exclusively.If a condition were to be breached, it would be considered to be governed by the current practices in the distance selling sector of the companies headquartered in France.

GENERAL CLAUSES

The purpose of these Terms and Conditions is to define the terms of sale between CAP’VEA and the particular customer.These conditions apply exclusively to non-commercial natural persons.



PRODUCTS
“Hazardous” products are excluded from sale to individuals.
All specifications, illustrations and indications of weight, size or capacity and any other details contained in the publications are for the sole purpose of providing a general description of the products and are not to be construed as a contractual commitment by CAP'VEA SAS.

 

 

 

 

COMMANDS AND PRICE
The orders can have passed us exclusively by Internet on the site www.capvea.com. Current prices are the ones appearing on our site www.capvea.com. They are stipulated in Euros in Exclusive of tax and excluding charges of treatment and delivery. CAPE VEA SAS reserves the right to modify them at any time but undertakes to apply the current prices which will have been indicated to you on the site at the time of the validation of your order.
Postal charges colissimo or letters followed will be charged to the realities for any orders lower than 40€ HT and franco for any superior orders or equal to 40€ HT (the special or express deliveries will be charged).

DELIVERY
Any order is ready for delivery potentially according to availability from the next day. Products

The products, available on the day the customer’s order is processed, are delivered to the address provided by the customer.It is possible for the customer to order an unavailable product. In the event of an absence, a pass notice is placed in your mailbox with the carrier’s contact information to be called to schedule a new appointment.CAP’VEA SAS invites you to verify, at the time of delivery and in the presence of the carrier, that the packages do not show signs of suffering, debris, break and enter and that the number of packages matches the number on the transportation documents.

CONDITIONS OF PAYMENT
Payment is made by bank card via the website: Blue Card, Visa, Master Card.For payment by cheque, contact contact@capvea.com.

OWNERSHIP RESERVE AND RISK TRANSFER
Pursuant to Article 2367 and following of the Civil Code, the goods sold remain the property of CAP'VEA SAS until full payment of the price and its accessories (ownership clauses).In the event of a dispute or a dispute by the client, no compensation, of any kind, can challenge the ownership reserve clause.This provision does not impede the transfer to the customer upon delivery, the potential for loss, deterioration and damage to the property sold.

WARRANTY
Any claim must include details on the use of the item, the date of purchase and the location of the defective component.We reserve the right to either replace this item or establish a value of the price charged.Liability is limited only to goods supplied by CAP'VEA and does not apply to damage, injury or loss of revenue from a defective component.

Limitation of warranty
Our warranty is limited to the repair or, at the option of CAP'VEA SAS, to the replacement of the defective equipment by our Technical department.CAP’VEA SAS shall not be required in any way to repair the damage caused by this defect including, but not limited to, the unavailability of the equipment during the repair or replacement time.Warranty does not extend to repair, conversion or change of equipment.

DATA PROTECTION AND USE
In order to ensure the best service for our clients, CAP'VEA SAS and its partners use certain information provided by clients in a professional capacity only.In accordance with the computer law and freedom of July 6, 1978, you have a right of access and correction to your data by writing to contact@capvea.com.

FORCE MAJEURE
CAP’VEA SAS shall not be liable for any delay or failure to fulfill its obligations in the event of a force majeure, particularly in the event of a natural disaster, inclement weather, fire, explosion, flood, national strike, accident, riot or civil unrest, abnormal delay by the supplier, shortage of products and material.

PATENT VIOLATION OR PROPRIETARY PATTERNS
The Customer will be required to compensate CAP'VEA SAS for any penalty and fee to which CAP'VEA SAS may be exposed as a result of achievements made in accordance with the specifications with patents or templates filed.


 

ASSIGNMENT OF COMPETENCE

All litigation arising out of the sales transactions subject to these General Conditions of Sale is within the exclusive jurisdiction of the Brive Court of Commerce.

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