1. BASIS OF CONTRACT
The general sales conditions detailed hereunder are specifying the rights and obligations of the company TECHNITRACE SAS and those of its customers in the context of the sale of goods through the online store on the website www.technitrace.fr
Any service carried out by the company TECHNITRACE SAS implies the full acceptance by the buyer of our general sales conditions.
2. GENERAL TERMS
The present general sales conditions must be systematically validated by each buyer prior to confirmation of each and any order. They are replacing and rendering inoperative and void any former, or elsewhere present on the website, General Sales Conditions, and thus from 01/09/2016.
Any order of goods implies full and unreserved acceptance by the buyer of the GSC in their intirety, prevailing any other document or clause included in the client’s documents related to its purchasing conditions except a prior derogatory and explicit agreement of TECHNITRACE SAS.
Any contrary condition opposed by the client, for lack of express agreement by TECHNITRACE SAS, will be inapplicable to the company, whenever the moment it may have been informed .
Any other document issued, apart from these GCS, such as catalogues, leaflets, advertisements, data sheets or schemes, are for information purposes only and are non-contractual.
TECHNITRACE SAS’s failure to claim any clause of the GSC herein at a given time may not be interpreted as a renouncement of application of the said clause at a later date.
3. PRESENTATION OF PRODUCTS
The characteristics of the products offered for sale are described on the specific product sheet published on our web site. Photographs illustrating the products on offer are not contractually binding.
TECHNITRACE SAS cannot be held liable if errors are introduced on the website. All the texts and images presented on the website www.technitrace.fr are reserved worldwide, under copyright and as intellectual property. Any reproduction, in whole or in part, is strictly forbidden.
4. VALIDITY PERIOD FOR THE OFFERS OF SALE
Products are offered for sale on our shop online subject to availability of stock. If ever a product becomes unavailable, the client will be informed. In case of a purchase of an unavailable item, the client will be informed as soon as possible, by email or by mail. TECHNITRACE SAS will propose to the client an equivalent substitute product or otherwise the cancellation of such product order or the refund within 30 days of the price paid for the missing product, as the case may be.
5. PRICE OF PRODUCT
The prices indicated on our website are shown in Euros (€), pre-tax and all taxes including VAT prices. The amount of VAT is specified when the customer is selecting a product; The delivery costs will be shown after the client’s selection between the various methods of shipment, after the products selection and before the final confirmation of the order.
TECHNITRACE SAS reserves the right to modify its prices at anytime, but a product is invoiced at the price given when the order was recorded.
The prices indicated are net of discounts and rebates or reductions. No discount for early payment will be granted.
In case of an order shipped in the European Union, outside metropolitan France, the applicable prices will be those effective , indicated in Euro (€), on the website at the date on which the order is placed. The prices are understood to be without taxes, including standard packaging, delivery costs being at the expense of the buyer (EXW IncothermsÒ2010). A quote will be sent to the client at the earliest for agreement. To be able to sell and invoice in the EC, the customer must provide us with a valid registered VAT identification number. Any tax, rights or services payable with respect to the different regulations in vigor are at the expense of the buyer.
6. ORDER TAKING
The client is validating his order when he clicks on the link “confirm your order” at the bottom of the page “order summary”, after having accepted the present sales conditions. The client is asked to check each element of his order before validation ; he can therefore rectify possible errors.
TECHNITRACE SAS send by email acknowledgement of the order. The information will include all the lines of the order and the right to cancel the order.
The data recorded by the Seller constitutes proof of nature, content, date for the order. It is archived by TECHNITRACE SAS according to legal conditions and deadlines. The client has an access to these archives by contacting the Customer Service.
The sale governed in these General Sales conditions will be effective after the acknowledgement of the order by TECHNITRACE SAS to the customer. This acknowledgment will be, at our option, sent by mail or upon devlivery or the ordered goods.
Any order constitutes a binding buying offer for the goods it includes. Cancellation or modification of an order can be effective only and after our prior express acceptance, written and agreed by us. If the above conditions are accepted, the customer will take in charge all the costs incurred by the cancellation or modification of the said order.
7. PAYMENT METHOD
The 100 % of the Payment of the orders is required to confirm the order by credit card via our Bank’s secure payment platform. If you wish to use other methods of payment, please contact our Customer Service :
TECHNITRACE SAS
Zone Industrielle
Avenue du Général de Gaulle
89130 TOUCY – FRANCE
Tél : 03.86.44.06.06 – Fax : 03.86.44.09.09 – info@technitrace.fr
8. RETENTION OF TITLE
Goods are full property of TECHNITRACE SAS until the full payment of the invoiced price. This clause does not includes that the risk passes to the client from the date of shipping. The transfer of ownership of the goods sold will be effective on the day the full payment of the order.
9. WITHDRAWAL POLICY
The customer has a time of fourteen clear days as from the delivery of the purchased goods, to exercise his right of withdrawal, without having to give any reason or incurring penalties, except if necessary return costs. No product may be returned if it has been unpacked and installed, altered or powered on and thus can no longer be sold as-new. If the time limit expires on a Saturday, a Sunday or a public holiday it will be extended to the first working day thereafter. In case of dispute or of complaint concerning the product return the client may for all purposes contact the Customer Service or the Technical Service of TECHNITRACE SAS.
10. DELIVERY– SHIPPING – DELIVERY TIME
There is no guarantee how quickly a product can be handled. The delivery time is depending on the delivery address. It is for a metropolitan address in France, of 8 days starting from the date of payment; for the other destinations, it will be confirmed on our order confirm.
Whatever type or method of sale or shipping chosen, our sales are intended ex the seller’s company premises (EXW Incoterms® 2010). On the other hand, the risks related to the loss and deterioration of the products sold by the seller will be transferred to the customer or the carrier as soon as they are handled at the first carrier at our head offices or wharehouses ; Delivery is intended as handling of goods.
Delivery times given are for indicative purposes only.
Any event beyond our control and likely to prevent the implementation of the order, including labour disputes or partial or completed failure of our suppliers/sub-contractors or any other event of force majeure should make us responsible for failure to meet any of our obligations or for the damage sustained by our co-contractors. The execution of all or part of its obligations shall be suspended for the duration of the event preventing the execution of the order and no compensation or damages should be due to the client in the case of non-completion or partial completion of the order.
11. CUSTOMER RELATION SERVICE
For any information, question or complaintn the customer can take contact form 8.30 to 12.30 and 13.30 to 17.30 to the Customer Service of Technitrace.
TECHNITRACE SAS
Zone Industrielle
Avenue du Général de Gaulle
89130 TOUCY – France
12. GUARANTEE OF THE GOODS – RECLAMATIONS
The client is solely responsible for the use which is intended for our heating cables and accessories (connectors, thermostats….) The responsibility of TECHNITRACE is limited to the supply of a product meeting the technical specifications (mechanical, electrical and thermic) as specified on the product datasheet and according to the internal quality control procedures. Products are guaranteed for any manufacturing defect for a period of 10 years.
No dispute will be valid if the installation of the ordered goods and delivered by TECHITRACE is not entirely corresponding to the installation manual and to the assembly note CS07 issued by TECHNITRACE. All these documents are always included in every parcel are also fully available on our website http://www.technitrace.fr, http://www.novatrace.com , http://www.cables-chauffants-technitrace.com, http://www.heating-cables-technitrace.com. The heating cable installation must comply with the regulations in force and must include a residual current circuit breaker with a minimum sensitivity of 30 mA. Should this not be the case, the customer will not be entitled to pursue the vendor nor require any guarantee in case of defect or malfunction of the installation due to his failure to comply with the manufacturer’s recommendations and the good engineering practice. When submitting a complaint the customer must provide the vendor, for any complaint, with every element attesting that the instructions were fully followed and a certificate from the electrician installer, and photos of the installation.
In case the customer discovers a visible defect or a non-compliance of the delivered goods, in quantity as well as in quality with the ordered goods, of the delivered good , we should be informed with a registered letter with acknowledgment of receipt within a period of 48 hours beginning with the date of delivery.
In case the customer discovers a hidden defect, i.e. in case of defect in the product preventing from being used as originally intended or minimizing significantly its functioning, the customer will inform our company, with a registered letter with acknowledgment of receipt within a period of 48 beginning with discovery of the defect.
Any complaint made verbally or outside the deadlines foreseen will not be valid and cannot therefore be taken into consideration by our company
The goods can be returned (excluding the legal withdrawal period of 14 days and according to the terms of our withdrawal policy) only after our prior written approval and if the goods are not in accordance with the order placed, or if they are affected by a hidden or not defect provided that the customer has duly issued reservations, as indicated in the preceding and following subparagraphs. Our approval for returning the goods does not imply that we recognize the alleged defect.
The returned goods, according to the above terms, that have a defect recognized by us, will benefit from a guarantee consisting in, at our option, repair or replacement, no damages nor penalties of any nature can be requested even in the case of a damage occurred to the buyers’ belongings.
This warranty is valid for a year, beginning with the date of the invoice ; after this time, no guarantee will be granted, in any way whatsoever.
Risks and costs for returning goods shall always be borne by the buyer.
Risks and costs for returning goods shall always be borne by the buyer.
Notwithstanding the expression of reserves and complaints, according to the above mentioned conditions, no guarantee will be granted to the customer in the case of inappropriate use of the goods, of non-compliance to recommendations provided and/or to intended purpose, in the case of dismantling of the goods and more generally if the defect has a direct or indirect origin in a customers’ act.
Furthermore, and without prejudice to the above mentioned provisions related to the property transfer of the sold goods, the customer must check the delivery upon receipt, before signing the carrier’s note of the deliverer. In case of any damage in the packaging, or in case of a missing parcel, the customer must write down in the space provided for such all necessary complaint on the carrier’s note. He must also send a registered letter with acknowledgment of receipt to the carrier within 48 hours of the delivery, the detailed reports.
No guarantee of any nature will be granted until the full payment of the goods, including possible late penalty fees.
Our products are made and manufactured according to French standards, no guarantee of any nature will be granted in the case of a resale by the purchaser.
13. PRODUCTS INFORMATION
Characteristics, descriptions, photographs or graphics present on TECHNITRACE SAS are for information purposes only. The technical datasheet, included for each order, is the only one having a contractual value. Our company reserves the right to modify at any time all or part of the product present on TECHNITRACE SAS without notice and the customer has no right to compensation of any kind.
14. MISCELLANEOUS
In the case one of the previous clause would be contrary to a mandatory national or international provision, it shall not affect the validity and enforceability of any remaning provisions, and the parties will try and maintain the effect of this clause declared void and thus the balance of the present General Sales Conditions.
Any notice from the customer will be made in writing to our head office.
In case of conflict or contradiction between the title and the content of a clause, the content is prevailing.
15. CLAIMS
In the case of disagreements as to the fulfilment of contracts, and if an amicable settlement cannot be reached, the competent tribunal will be in any case, the Court of the Head Offices of the vendor. The law applicable to these General sales conditions is French Law. The French version of the General Sales conditions is the only valid in law.
