General terms and conditions
1. General principles
The present General Terms and Conditions of Sale define the terms and conditions of online sales concluded between SHELYAK INSTRUMENTS and any consumer or professional making a purchase via the Site (hereinafter referred to as “the Customer”).
Any provisions specific and particular to the Customer as a “Consumer” (hereinafter referred to as “the Consumer Customer”) or to the Customer as a “Professional” (hereinafter referred to as “the Professional Customer”) will be referred to as such and exclusive of the other category. Thus, any stipulation specifying that it applies to “Consumer Customers” does not apply to Professional Customers. Conversely, any provision specifying that it applies to “Professional Customers” does not apply to Consumer Customers.
The Consumer or the Professional shall be understood in accordance with the definitions set out in the introductory article of the French Consumer Code.
The present General Terms and Conditions of Sale are written in French in their original version, which alone is authentic and prevails over any other version.
They apply to the exclusion of all other conditions. They are accessible by the Customer on the Site at any time and are systematically submitted to the Customer before any order is placed and when the order is registered.
When opening a Customer Account, clicking on the “I accept the terms and conditions of sale” button indicates the Customer’s consent to the application of these terms and conditions of sale.
The Customer declares that he/she is aware of the following provisions before placing an order for Products.
Consequently, placing an order implies the Customer’s full and unreserved acceptance of these General Terms and Conditions of Sale.
A printed version of the General Terms and Conditions of Sale as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of these General Terms and Conditions of Sale in the same manner and under the same conditions as any other written document kept in paper format.
The fact of not exercising, at any time, a prerogative recognized by the present General Terms and Conditions of Sale or of not requiring the application of any stipulation of the agreement resulting from the said Terms and Conditions shall in no case be interpreted, either as a modification of the contract, or as an express or tacit renunciation of the right to exercise the said prerogative in the future or of the right to require the scrupulous execution of the commitments entered into herein.
In the event that any of the terms of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
SHELYAK INSTRUMENTS reserves the right to adapt or modify these Terms and Conditions at any time, taking into account possible changes to the Site. Consequently, SHELYAK INSTRUMENTS invites the Customer to consult the General Terms and Conditions of Sale before placing any new order. The General Terms and Conditions of Sale in force at the time will be applicable to all orders placed from the date they are placed online.
2. Legal age and capacity
The Customer declares that he/she is legally capable of entering into this Contract, the General Terms and Conditions of Sale of which are set out below, i.e. that he/she has reached the age of majority and is not under guardianship or trusteeship or, in general, under a legal or judicial prohibition to contract.
The essential characteristics of the Products and training and observation courses are described for each Product and Course in the online catalog. They were presented to the customer prior to the order, as part of the pre-contractual information provided.
In order to place an order online on the Site, it is possible to create a Customer Account.
To create an account, the Customer will be asked to indicate :
First and last name
His e-mail address
Delivery and billing address
Once the account has been created, the Customer will receive a confirmation e-mail summarizing the information entered at the address previously provided.
The Customer agrees to provide SHELYAK INSTRUMENTS with accurate, up-to-date and complete information and to maintain its accuracy. The Customer agrees not to create an account under a false identity. It is the Customer’s responsibility to update his personal data.
The customer’s login is automatically generated when the account is created.
Access to the Customer Account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to divulge it to third parties for any reason whatsoever. The Customer is responsible for his password. If the Customer becomes aware that his or her account is being used fraudulently, he or she undertakes to notify the company immediately. SHELYAK INSTRUMENTS.
The Customer may also decide to place an order without creating a Customer Account, in which case he/she refrains from checking the appropriate box.
The Customer places an order from the SHELYAK INSTRUMENTS online catalog accessible on the Site.
All orders placed on the Site are subject to payment.
Any order implies acceptance of the description of the Products and the prices in force on the day of the order.
To place an order online on the Site, the Customer must :
Fill your cart with one or more products
Identify himself with his e-mail with his login or his e-mail and password – if he already has a Customer Account or create a Customer Account or choose payment “without creating a Customer Account”.
Enter delivery and/or billing address
Choose your delivery method
Once the order has been completed, the Customer can check the Products ordered, the total price of the order and the terms and conditions of the order. He chooses his method of payment. The customer may, if necessary, modify the order or reconsider it before confirming it definitively.
The order will not be definitively registered until the last validation of the order summary page. This action is assimilated to the handwritten signature referred to in article 1367 of the French Civil Code, and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code.
From this action :
the Customer confirms his/her order and declares that he/she accepts it, as well as the entirety of these General Terms and Conditions of Sale, fully and without reservation;
the order is considered irrevocable and cannot be called into question except in the cases exhaustively provided for herein.
The customer can print the order form corresponding to his order.
5. Order confirmation
As soon as the Customer has registered his/her order, a detailed acknowledgement of receipt will be sent to the e-mail address previously provided. This acknowledgement of receipt specifies the exact amount invoiced, the indication of the products ordered and their quantity, the terms of delivery of the order and refers to the present General Terms and Conditions of Sale.
This acknowledgement of receipt constitutes acceptance of the order by SHELYAK INSTRUMENTS and will validate the transaction. The Customer accepts that the order registration systems are proof of the purchase and its date. By keeping this e-mail and/or printing it, the Customer has proof of his/her order, which SHELYAK INSTRUMENTS recommends that he/she keep.
This e-mail confirms that the Customer’s order has been taken into account by SHELYAK INSTRUMENTS and not that the Product ordered is available.
If a product is not available, SHELYAK INSTRUMENTS will inform the customer by e-mail or telephone as soon as possible. In the event of unavailability of the Product ordered, the Customer may cancel or modify the order. In the event of cancellation due to unavailability, the Customer will be reimbursed within fourteen (14) days of receipt of the cancellation request.
ORDERS ON THE SITE ARE SUBJECT TO PAYMENT. Product prices are indicated in euros, inclusive of all taxes. They include VAT in accordance with current French and European tax regulations.
The advertised prices do not include delivery charges, which are in principle payable by the Customer, in accordance with the provisions of article 9 below.
Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Cost of using remote communication technology
Access to the Site is via Internet. The cost of access to the Internet using a remote communication service is borne by the Customer.
7. Shipping costs
The cost of carriage/return shall be borne exclusively by the Customer, except in the case exhaustively provided for in article 12 hereof, linked to the non-conformity or defect of the Product. They include order processing and packaging.
Payment of Products
Payment is due on the day the order is placed.
For the purposes of this article, payment is deemed to have been made when the funds are actually made available to SHELYAK INSTRUMENTS.
9. Terms of payment
Invoices are payable in euros at the registered office of SHELYAK INSTRUMENTS.
Payment is made online with the order by credit card under the following conditions.
Payments by bank transfer must mention the order number. Transfer charges, if imposed by the Customer’s bank, will be borne by the Customer. The customer is informed that payment by bank transfer will result in an increase in delivery time, due to the time taken by banks to process this method of payment. SHELYAK INSTRUMENTS must ensure that the funds are available in the customer’s account prior to delivery.
PAYPAL payments are also permitted for a number of countries. The Customer may only make use of this service where the Site authorizes it on the basis of the billing address.
In all cases, the order will be processed on receipt of payment and subject to its collection.
If the bank refuses, the order will be automatically cancelled.
In order to optimize the security of Internet transactions, the Site uses an SSL (Secure Socket Layer) online payment system, so that every effort is made to ensure the confidentiality and security of data transmitted during online payments.
Our Payzen online payment system automatically checks the validity of access rights during payment by credit card and encrypts all exchanges to guarantee confidentiality.
To benefit from the SSL secure payment mode, the Customer must use SSL-compatible browsers.
Terms of delivery
Delivery is made in mainland France and worldwide, by specialized distributors or carriers.
However, SHELYAK INSTRUMENTS reserves the right to refuse delivery in the event of major difficulties due to the political or geographical situation of the country of destination, at the company’s sole discretion. In this case, SHELYAK INSTRUMENTS will send an e-mail to the Customer proposing, if necessary, an alternative place of delivery. If the Customer refuses, SHELYAK INSTRUMENTS will cancel the order and refund the Customer within 14 (fourteen) days. Cancellation of the order shall not give rise to the payment of any compensation whatsoever.
Shipping costs will be invoiced at the rate in effect on the day of the order.
The customer is informed of the terms of delivery before final validation of the order.
Delivery times are indicated on the Site when the order is placed. They vary according to delivery method and destination. They begin to run from receipt of payment by SHELYAK INSTRUMENTS and are between 3 and 15 days.
If several items ordered at the same time have a different delivery date, the latest delivery date will be that which is furthest away. However, in this case, SHELYAK INSTRUMENTS reserves the right to deliver the order in instalments.
Although they are indicative, SHELYAK INSTRUMENTS will do its best to respect the delivery times mentioned at the time of the order.
In the event of late delivery attributable to SHELYAK INSTRUMENTS, the Customer shall have the right to request cancellation of the sale of the Product by registered letter with acknowledgement of receipt or by any other durable medium, in particular by e-mail with acknowledgement of receipt, if, after having enjoined SHELYAK INSTRUMENTS in the same manner to SHELYAK INSTRUMENTS to make the delivery within a further 15 days, SHELYAK INSTRUMENTS failed to do so.
In this case, on receipt by SHELYAK INSTRUMENTS of the letter informing it of the cancellation, the sale will be considered cancelled, unless SHELYAK INSTRUMENTS has performed in the meantime.
In the event of cancellation of the sale, SHELYAK INSTRUMENTS will reimburse the Customer within 14 days from the date of cancellation.
Failure to meet delivery deadlines shall not give rise to the payment of any compensation whatsoever.
11. Receipt of Products
It is reminded that the purpose of the present General Terms and Conditions is to secure relations by establishing the rules of return. Given the high level of quality and technicality of the products sold by the company, and the level of trust it maintains with its customers, any difficulties relating to delivery, or difficulties in understanding the instruments or their settings, are generally resolved by mutual agreement, by e-mail or telephone.
With this in mind, the rules for receiving and returning Products are as follows.
The Customer must check the condition of the packaging and the conformity of the Product at the time of delivery, and must immediately inform the delivery agent of any reservations he may have concerning the condition of the Product delivered, so that they can be noted on the transport document: damaged packaging, damage suffered, conformity with the order, etc. The Customer must also inform the delivery agent of any reservations he may have concerning the condition of the Product delivered, so that they can be noted on the transport document.
Any complaint concerning apparent defects or the non-conformity of the Product delivered in relation to the information given at the time of presentation of the Product on the Site, as well as any damage linked to transport, must be confirmed by the Customer to SHELYAK INSTRUMENTS within 48 hours of receipt of the Product either by registered letter with acknowledgement of receipt to the following address: 69 rue de Chartreuse – 38420 LE VERSOUD, or by e-mail to following address: firstname.lastname@example.org
The customer must provide full proof of the non-conformity, damage or defect.
If no complaint is made within the aforementioned period and conditions, the Products delivered will be deemed to have been accepted by the Customer.
By reporting the defect or non-conformity of the Product, the Customer will obtain a return authorization from SHELYAK INSTRUMENTS, specifying the address and method of return.
Once the return authorization has been obtained, the Customer will return the Products to SHELYAK INSTRUMENTS at the address specified on the return authorization in the manner indicated.
Any Product returned without the agreement of SHELYAK INSTRUMENTS will be refused and returned to the sender at the sender’s expense and risk.
To be validly returned to SHELYAK INSTRUMENTS and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
In the event that the Customer returns the Product due to a proven lack of conformity confirmed by SHELYAK INSTRUMENTS, the Customer must use the same method of delivery for the return of the Products as the one chosen for the shipment of the Products ordered or, failing that, the one recommended by SHELYAK INSTRUMENTS. In this case, SHELYAK INSTRUMENTS will pay for the return shipping costs by issuing a return receipt or, failing that, by reimbursing the Customer for the actual amount of the said costs (proof of shipping costs must be enclosed with the package; in the absence of such proof, no reimbursement will be made).
Warranty of conformity and legal warranty against hidden defects
Customers who are Consumers benefit from the legal guarantee of conformity (articles L.217-3 to L.217-20 of the French Consumer Code).
GUARANTEE OF CONFORMITY
(non-exhaustive list of articles)
The seller delivers a property that conforms to the contract and to the criteria set out in article L. 217-5.
He is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.
In the case of a contract for the sale of goods containing digital elements :
1° When the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the period of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of the digital content or digital service that appears during the period in which it is supplied under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.
The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer’s action is the day on which the consumer becomes aware of the lack of conformity.
The good conforms to the contract if it meets the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract.
4° It is updated in accordance with the contract.
Any goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty.
If the consumer chooses to have the product repaired, but this is not carried out by the seller, the consumer is entitled to a new legal warranty period for the replaced product. This provision applies from the day the replacement goods are delivered to the consumer.
WARRANTY AGAINST HIDDEN DEFECTS
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
13. After-sales repair service
In the event of failure or breakdown of the equipment sold, the Customer may be offered an after-sales service contract for repair. After-sales service refers to any paid service not covered by the legal or contractual warranty. The after-sales service contract indicates the cause of the breakdown, the nature of the intervention envisaged and the parts to be replaced.
This contract informs the consumer under the same conditions that the latter does not benefit from the legal guarantee of conformity for parts or supplies provided as an accessory within the framework of the service rendered.
SHELYAK INSTRUMENTS makes every effort to ensure that the information published on the Site is accurate and up-to-date. SHELYAK INSTRUMENTS reserves the right to modify the information at any time without notice. However, it cannot guarantee the accuracy, precision or completeness of the information on the Site. Consequently, it declines all responsibility for imprecisions, inaccuracies or omissions in the information available, as well as all responsibility for damage resulting from fraudulent intrusion by a third party leading to modification of the information contained on the Site.
Similarly, the photographs and texts reproduced and illustrating the Products or Services presented are not contractual. Consequently, SHELYAK INSTRUMENTS cannot be held responsible for any errors in these photographs or texts.
Product compliance with applicable standards
SHELYAK INSTRUMENTS undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.
Use of the Site
Use of and browsing on the Site are under the Customer’s responsibility. SHELYAK INSTRUMENTS declines all responsibility and cannot be held responsible for any damage or viruses which could affect computer equipment or any other material when accessing the Site, using the Site or browsing the site. Site, downloading any content, data, text, images or files from the Site.
Improper use/installation of the Product
SHELYAK INSTRUMENTS declines all responsibility and cannot be held responsible for any damage caused to the Customer or a third party due to use of the non-compliant Product at its destination.
15. Right of withdrawal
In accordance with article L. 221-18 of the Consumer Code of the French law, the Consumer who enters into a contract through a means of remote communication has a withdrawal period of fourteen (14) days from the date of receipt of the Product to return to his order.
It is specified that in the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last piece.
For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good.
To exercise his right of withdrawal, the Consumer has fourteen (14) days to inform SHELYAK INSTRUMENTS of his intention to withdraw by sending an unambiguous email, expressing his desire to withdraw, to the following address: email@example.com.
SHELYAK INSTRUMENTS will send the Customer an acknowledgement of receipt of the withdrawal without delay.
Subsequently, the Customer sends the Products within fourteen (14) days of sending the withdrawal form, accompanied by a copy of the invoice. The costs and risks of return and return are the sole responsibility of the Customer. The Products are returned to SHELYAK INSTRUMENTS at the following address: 69 rue de Chartreuse – 38420 LE VERSOUD or to a person designated by it.
It is specified to the Customer that the costs of returning the Products in the event of withdrawal are his exclusive responsibility. The cost of returning the Product is the initial delivery cost under the standard delivery method offered by SHELYAK INSTRUMENTS when ordering.
The company SHELYAK INSTRUMENTS undertakes to reimburse the Customer the price of his order within 14 days of receipt of the Products or at least the proof of the shipment of the Products (first of the two dates).
The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
The Consumer may be held liable in the event of deterioration of the Product by the Customer.
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:
Goods made according to the specifications of the Consumer or clearly personalized
Audio or video recordings or computer software when unsealed by the Consumer: this is for example the case for products delivered with software when this software has been unsealed and/ or installed
Downloads of digital content not provided on a material medium whose execution has begun, after prior express consent of the consumer and express waiver of his right of withdrawal;
Accommodation, catering, travel and leisure services that must be provided on a specific date or period.
16. Intellectual Property
The Customer has no intellectual or industrial property rights on the Products, packaging, packaging, the company SHELYAK INSTRUMENTS remaining exclusive owner of all these rights.
Any use in any way whatsoever by the Customer of the brand SHELYAK INSTRUMENTS or any other brand belonging to the company SHELYAK INSTRUMENTS or its suppliers and manufacturers is strictly prohibited, unless previously agreed in writing by SHELYAK INSTRUMENTS
The content and structure of the Site are reserved under copyright, as well as under intellectual property for the entire world.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or more restrictive provisions of the Intellectual Property Code, is allowed.
Any reproduction or representation, total or partial, of any content present on the Site (including any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited unless authorized in writing, express and prior of SHELYAK INSTRUMENTS.
Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as conferring on the Customer a license to any intellectual property right.
17. Force majeure
The company SHELYAK INSTRUMENTS releases its responsibility for any breach of its contractual obligations in the event of force majeure or fortuitous, including, but not limited to, disasters, fires, internal or external strike, internal or external failures or failures, and generally any event that does not allow the proper execution of orders.
18. Applicable Law and Jurisdiction
These General Conditions are subject to French domestic law, excluding any international convention.
In the event of a dispute relating to these Terms and Conditions or the sale, the parties will try as far as possible to resolve their dispute amicably.
In the absence of an amicable agreement, the competent court is, for the Consumer, that of the place of residence of the defendant or that of the actual delivery of the Product.
For the Professional, the competent Court is the Commercial Court of GRENOBLE notwithstanding any contrary provision of the general conditions of purchase of the Customer or any other commercial document not expressly accepted by the company SHELYAK INSTRUMENTS.
19. Consumer Ombudsman Recourse
The Consumer Customer must first address his complaint by email : firstname.lastname@example.org postal: 69 rue de Chartreuse – 38420 LE VERSOUD.
If this attempt fails, he can resort to a conventional mediation procedure or to any other alternative method of dispute resolution, including recourse, free of charge, within one year of its claim, to the competent consumer ombudsman in accordance with the provisions of Title 5 of Book 1st ofConsumer code:
Mediator of the Professional Federation of e-commerce and distance selling (FEVAD)
60 rue de la Boétie – 75008 PARIS
In order to resolve the dispute, it may access the European online dispute settlement platform provided for in Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes, particularly cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.
In case of failure of this mediation, or if he does not wish to use it, he remains free to submit his dispute to the competent courts.