GENERAL CONDITIONS OF SALE, DELIVERY AND RETURN
(Revision 01- 2021)
1. Owner of the website « www.decair.fr »
ü SARL with a capital of 25.000 euros
ü Head office : 48 Rue Louis Lumière ZI de Saint Césaire 30900 Nîmes France
ü Phone number : (+33) 954.606.472
ü RCS of Nîmes (30)
ü Under n° 820 644 409 00014
ü Individual tax identification number : FR36 820 644 409
General terms and conditions of sale for all products sold on the www.decair.fr website.
Article 1 - Purpose
The present conditions govern the sales by the company STS INGENIERIE (SARL), 48 Rue Louis Lumière, ZI de Saint Césaire 30900 Nîmes France, of devices, derivatives and services under the name "DEC'AIR®" on its website: "www.decair.fr".
Article 2 - Price
The prices of our products, derivatives and services are indicated in euros (€) including all taxes (VAT and other taxes applicable on the day of the order), in France.
Unless otherwise indicated on the site.
Prices are given excluding processing and shipping costs.
Additional conditions outside France :
In the event of an order to a country other than metropolitan France, you become the importer of the product(s) and services concerned.
Customs duties or other local taxes as well as import duties or state taxes may be payable.
These duties and sums are not the responsibility of the company STS INGENIERIE.
They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies of the country concerned.
We advise you to inquire about these aspects with the competent local authorities.
All orders, whatever their origin, are payable in Euros (€).
The company STS INGENIERIE reserves the right to change its prices at any time, but the product or service will be charged on the basis of the rate in force at the time of validation of the order and subject to availability.
The general tariff is annexed to the present conditions.
The prices indicated may be revised subject to 30 days' prior notice.
Article 3 - Orders
You can place an order :
ü On the website: www.decair.fr (Non-stop sales)
ü By phone at : (+33) 954.606.472 Monday to Friday from 9:00 am to 5:00 pm.
ü By email : email@example.com
At the rate posted on our site " www.decair.fr ", the day of your order.
The contractual information is presented in French and will be confirmed at the latest at the time of the validation of your order.
As soon as your order leaves our warehouse, you will receive a confirmation email.
You can then at any time track the delivery of your package from your customer area for home delivery or point of withdrawal.
For a delivery at home, at the post office or at a collection point, the delivery costs are calculated according to the weight of your ordered items and the delivery method chosen after validation of your basket.
In order to ensure a better follow-up, a cell phone number will be requested during your order.
In the event of a prolonged delay in your delivery, we invite you to notify our Customer Service " firstname.lastname@example.org " as soon as possible.
We will then contact the transport services concerned, in order to open an investigation and make a return as soon as possible.
The company STS INGENIERIE reserves the right not to record a payment and not to confirm an order for any reason whatsoever and more particularly in case of supply problems or in case of difficulty concerning the order received, by notifying the customer by email of the non processing and non validation of his order.
Article 4 - Validation of your order
Any order of products on the Internet site " www.decair.fr " implies the adhesion without reserve to the present general conditions of sale, supplemented or arranged by our particular conditions, which cancel any contrary clause which can appear in the conditions of purchase, purchase orders, or other commercial documents.
Any confirmation of order implies your full and entire adhesion to the present general conditions of sale, without exception or reserve.
All the data provided and the recorded confirmation will serve as proof of the transaction.
You declare to have perfect knowledge of them.
The confirmation of order will be worth signature and acceptance of the operations carried out.
A summary of the information of your order and of the present General Conditions will be communicated to you in PDF format via the e-mail address of confirmation of your order.
Article 5 - Payment
The fact of validating your order implies for you the obligation to pay the price indicated.
The payment of your purchases is made by credit card or bank transfer through a secure payment system.
The debit of the card is made only at the time of shipment of the order.
In case of split deliveries, only the products shipped are debited.
Except under special conditions, invoices are payable to STS INGENIERIE from the date of order.
In case of a problem of payment on a delivered order, STS INGENIERIE may suspend all orders in progress.
In case of deferred settlements :
(Agreement between the buyer and STS INGENIERIE)
Any amount not paid on the due date appearing on the invoice will automatically lead to the application of penalties of an amount equal to one and a half (1/2) times the legal interest.
Processing fees may be applied.
These penalties and fees shall be payable upon simple request by the seller.
No discount will be accepted for early payment.
In the event of non-payment, forty-eight hours after a formal notice of default that has remained unsuccessful, the sale shall be terminated by operation of law by the seller, who may request in summary proceedings the return of the products without prejudice to any other damages.
The remaining sums due for other deliveries shall become immediately payable if the seller does not opt for the cancellation of the corresponding orders.
The goods sold remain the property of STS INGENIERIE until full payment of their price.
However, the risks relating to the goods will be transferred to the buyer or to the carrier as soon as the products are physically handed over.
Article 6 - Withdrawal
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products or a third party designated by you, who is not the carrier, takes possession of the product delivered, to exercise your right of withdrawal without having to justify reasons or pay a penalty.
In order to exercise your right of withdrawal, you must inform us of your decision by means of a clear statement.
You can inform us of your decision :
ü By email : email@example.com
ü By phone : (+33) 954.606.472 (Administrative department)
Returns of products must be made in their original condition and complete (packaging, accessories, instructions).
In this context, your responsibility is engaged.
Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
In case of exercise of the right of withdrawal, the company STS INGENIERIE will refund the sums paid, within 14 days from the day we receive the returned goods, via the same means of payment as that used when ordering and you will not incur any costs for such a refund.
Exceptions to the right of withdrawal :
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :
ü The provision of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the customer and express renunciation of his right of withdrawal.
ü The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
ü The supply of goods made to the consumer's specifications or clearly personalized.
ü The supply of goods likely to deteriorate or expire rapidly.
ü The supply of goods which have been unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection.
ü The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items ;
ü The supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the trader.
ü The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
ü The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications.
ü Transactions concluded at a public auction.
ü The supply of digital content not provided on a material support, the execution of which has begun after prior express agreement of the customer and express renunciation of his right of withdrawal.
Article 7 – Delivery
During the ordering process, we will indicate the possible delivery times and shipping options for the products purchased.
Shipping costs are calculated according to the chosen delivery method and location.
Shipping times and costs are detailed on the site.
Delivery times are indicated according to the availability of supplies.
Except in cases of force majeure (war, riot, fire, epidemic, total or partial strike).
The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the order validation page on our site.
An e-mail message will automatically be sent to you when the products are shipped.
In the event of a delay in shipment, an e-mail will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you.
Under the conditions that the e-mail address in the registration form is correct.
Terms of Delivery :
The parcel will be given to you against signature and on presentation of an identity document.
In case of absence, a notice of passage will be left for you to pick up your package at your post office or collection point.
The verification of the goods by the buyer must be carried out at the time of their pick-up.
As soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Late Delivery :
In the event of a delivery delay of more than 45 days after the indicative delivery date, the buyer will have the option to cancel his order, under the terms and conditions defined in Article L 138-2 of the Consumer Code. without being able to claim any compensation whatsoever.
In case of delivery by a carrier :
The company STS INGENIERIE cannot be held responsible for late delivery due exclusively to unavailability of the customer after several proposals for appointments.
The delivery is made either by direct delivery of the product to the purchaser, or by notice of availability, or by delivery to a shipper or a carrier in the premises of the seller or in any other designated premises.
In the event of damage or missing items, or complaints about apparent defects or the non-conformity of the delivered product, the purchaser shall issue clear and precise reservations which he shall notify in writing to the vendor or the carrier within three days of the delivery date.
It will be up to the buyer to provide any justification as to the reality of the anomalies noted.
Article 8 - Return costs :
Any product return must be the subject of a formal agreement between the seller and the buyer.
The return costs will be :
· Free of charge: if the product shipped has a functional non-conformity at the time of its first start-up, not due to unsuitable product transport conditions.
· At your expense: if you exercise your right of withdrawal,
In this case please contact our sales department:
· To be determined between the purchaser and STS INGENIERIE: If the return does not fit in both cases above.
In this case please contact the after-sales service. :
Return of goods :
You must return the goods to the following address:
ZI Saint Césaire
48 Rue Louis Lumière
30900 Nîmes France
We cannot be held responsible for damaged or lost goods upon return.
You are responsible for the risk of returning the goods.
Therefore, we recommend an insured and traceable courier service.
We are unable to issue a refund without actual receipt of the goods or proof of return delivery received.
Upon receipt of the package, we will perform a quality control of the returned goods.
The return will not be accepted if the product is damaged and/or if it is rendered unfit for further sale.
In case of non-compliance with the return procedure, the refund will not be made and you will be informed by email.
Article 9- Availability
Our products are proposed as long as they are visible on the site " www.decair.fr " and within the limit of available stocks.
For products not in stock, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, we will inform you by email.
Your order will be automatically cancelled and no bank debit will be made.
In addition, the website "www.decair.fr" is not intended to sell its products in large quantities.
Consequently, STS INGENIERIE reserves the right to refuse all orders of more than 10 identical items.
For larger quantities, you must contact our sales department.
Please use the "firstname.lastname@example.org" link to process your application.
Article 10 - Warranty
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided by articles 1641 and following of the Civil Code.
The seller will take the utmost care in the execution of the order and the quality of the products.
In the event of a defect recognized by the seller, the seller's obligation shall be limited to the replacement or reimbursement of the defective quantities, without further compensation.
Excluded from the guarantee are defects and damages resulting from storage, handling, transport or use under abnormal conditions or conditions that are not in accordance with the nature, the prescriptions, the suitability for use of the product.
In case of non-conformity of a product sold, it may be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by email to "email@example.com" within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions ...).
The shipping costs will be refunded to you on the basis of the invoiced price and the return costs will be refunded to you on presentation of the supporting documents.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 11 - Responsibility
ResponsibilityThe products offered are in accordance with the French legislation in force.
The responsibility of the company STS INGENIERIE could not be engaged in case of non-compliance with the legislation of the country where the product is delivered.
It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.
Moreover, the company STS INGENIERIE cannot be held responsible for damages resulting from misuse of the product purchased.
Finally, the company STS ENGINEERING cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, including a break in service, external intrusion or the presence of computer viruses.
Article 12 - Applicable law in case of disputes
The language of this contract is the French language.
The present conditions of sale are subject to French law.
In the event of litigation, the French courts have exclusive jurisdiction and in priority that of Nîmes (30) France headquarters of the company STS INGENIERIE.
Article 13 - Intellectual Property
All the elements of the site "www.decair.fr" are and remain the intellectual and exclusive property of the company STS INGENIERIE.
The brand " DEC'AIR®" is a registered trademark.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound without the express written permission of STS INGENIERIE.
Any simple link or hypertext link is strictly prohibited without the express written consent of STS INGENIERIE.
Article 14 - Personal data
The company STS INGENIERIE reserves the right to collect personal information and personal data about you.
They are necessary for the management of your order, as well as to improve the services and information we send you.
They can also be transmitted to companies that contribute to these relations, such as those in charge of the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of 6 January 1978, you have the right to access, rectify and oppose any nominative information and personal data concerning you, directly on the website.
Article 15 - Archiving Proof
The company STS INGENIERIE will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.