1.1 PROLCDS is a limited liability company whose registered office is located at 128 rue de la Boëtie - LOT 41, 75008 PARIS, and registered in the Trade and Companies Register under number RCS 809 905 078 PARIS.
Its activity consists in ensuring the sale of parts, computers, telephony and accessories, etc.
We will call "Supplier" the company identified at the top of these General Terms and Conditions of Sale.
"Customer" any legal or natural person using the Supplier's services.
2.1 Supplier's sales are subject to the following conditions, which prevail over any other written or unwritten stipulation made by the Customer.
2.2 The fact of using the Supplier's services implies the complete and unreserved acceptance by the Customer of these general conditions of sale to the exclusion of any other document.
3. Rates and price changes
3.1 The General Terms and Conditions of Sale, are given for information only and may be revised at any time according to fluctuations in market shortages and the Supplier's strategy.
3.2 The new rates are automatically applicable to Customers.
>3.3 The rates are communicated to the Customer and validated by mutual agreement between the Customer and the Supplier.
3.4 The rates communicated to the Customer are those in effect on the date of the request for a quote or order.
3.5 The rates in effect on 1 January 2010 are as follows: Fixed price 39 euros including VAT per screen replacement.
3.6 All prices are in euros including VAT.
4. Payment method
4.1 All prices are given for payment by cheque, credit card, bank transfer or cash on delivery in TTC.
4.2 Payment is made before the re-shipment of the equipment, except in the case of cash on delivery.
4.3 The invoice is issued immediately after shipment, and is available in the customer's personal space.
4.4 The Supplier's acceptance of the terms of payment may always be revoked at any time and in particular in the event that the Customer's creditworthiness deteriorates, orders are unpaid, or in any other circumstance.
4.5 Any incident or delay in payment of a single invoice on its due date will immediately render all the Customer's receivables, even those that are not due. In addition, pursuant to the Law of 31 December 1992, any deferred payment will result in the application of default interest amounting to 1.5% per month plus any legal costs.
5.1 All the Supplier's articles and services are offered for international sale.
5.2 All the General Sales Conditions are applicable in these territories.
5.3 By express agreement, the sale is deemed to be made in these territories.
5.4 Exceptionally, the territory may be extended with the express agreement of the Supplier and in this case the General Conditions of Sale apply automatically. In any case, the intervention times indicated are only indicative.
6. Transport - Delivery and intervention
6.1 The average delivery time is 2/3 working days (transport included). However, the delivery, shipping and intervention dates/delays are set as precisely as possible without value or contractual obligation.
6.2 Delays cannot under any circumstances justify cancellation by the Customer or give rise to penalties or damages against the Supplier.
6.3 All equipment is deemed to be taken and approved at our premises and therefore travels at the Customer's risk and peril. It is up to the Customer to make the reservations upon receipt of the goods by specifying in writing on the receipt form the reasons he invokes, and send us the complaint to be valid within 48 hours by registered letter with acknowledgement of receipt.
6.4 The Supplier and the Customer undertake to behave with each other in a fair and good faith manner. In particular, the customer undertakes to provide the Supplier with all the information necessary for the successful completion of its mission. We disclaim any responsibility for the customer's misdiagnosis.
6.5 It is expressly agreed and accepted that the Supplier cannot be held liable for the partial performance, or the improper performance of a mission entrusted to an external partner, or due to a failure other than that entrusted to the Supplier.
6.6 Our repairs are performed according to the information provided by the customer. In the event of a misdiagnosis on his part, a new estimate will then be proposed. No obligation for the customer to accept this new quotation. In the event of a refusal, diagnostic and return shipping costs will then be charged, i.e. the sum of 39€ including VAT.
6.7 The carrier is instructed to make 3 delivery attempts before returning the package to the shipper. In case of return after 3 delivery failures, a fixed price of re-delivery will be charged, i.e. the sum of 15€ for France and 30€ for Belgium. In the case of a cash on delivery payment method, this amount is increased by 15€ of cash on delivery costs.
7. Return of goods, Retention of title clause and Warranty
7.1 No equipment will be taken back or exchanged without prior authorization from the Supplier. In addition, any material whose box is opened may under no circumstances be returned or exchanged in order to prevent any possible damage to it. It is imperative to check the proper functioning of the product before the final gluing of the part. Indeed, we will not be able to take back a defective product under warranty, if a breakage occurs during dismantling.
7.2 It is expressly agreed that the Supplier retains ownership of the goods until full payment of their price, in principal and interest, the delivery of any payment title not constituting a payment within the meaning of this clause. (Law of 12th May, 1980 and 25th January, 1985).
7.3 Parts sold and parts repairs are guaranteed 2 years from their payments for new equipment, and 3 months for second-hand or reconditioned equipment.
7.4 Services performed (without parts sold) are guaranteed 15 days from their payments.
>7.5 The services performed (with parts sold) are guaranteed for 2 years from their payments.
7.6 As part of the guarantee, the customer is responsible for the outward carriage costs.
7.7 Below 2 - 5 dead pixels, depending on your resolution, is not a quality indicator for the LCD screen. Manufacturers do not treat dead 2-5 pixels as a defect that is sufficient to change the screen. However, your satisfaction is our priority and an exchange is possible within 14 days.
7.8 N' is not taken into account by the guarantee:
- Inappropriate use, manipulation
- Other defective part
7.9 We will pay the return shipping costs (France only) in case of error on our part, and within 14 clear days from the delivery date of the order. In case of reference error, cancellation/refund request, the return shipping is the exclusive responsibility of the customer.
8. Storage on behalf of the Customer
8.1 Any product or material belonging to the Customer is stored on our premises free of charge and remains the sole responsibility of the Customer.
8.2 The Supplier shall in no event be held liable for any loss, theft, accidental destruction.
8.3 The materials or equipment stored by the Customer must comply with the safety regulations in force.
8.4 In the event of damage caused by these materials following non-compliance with these regulations, the Customer shall be liable for any direct or indirect damage caused by them. It is the Client's duty to take out and notify his insurance to avoid any problem.
9. Perfect information clause
9.1 The Customer expressly declares that he has received from the Supplier all the information and advice necessary for the enjoyment of the object of his order and waives any liability for this.
9.2 Finality: All these clauses and conditions are deemed to be known and expressly accepted by the Client at the start of the intervention and even if the Client has not formally signed them.
9.3 We reserve the right to provide the Client with a part from another manufacturer, if it has the same characteristics (resolution, finish, size).
10. Limitation of liability
10.1 All data published on the Supplier's website are provided for information purposes only. The provision of this information should not be considered, in any way whatsoever, as specific advice or decision support for the purpose of carrying out a transaction or making an investment decision.
10.2 The Customer therefore acknowledges that he/she uses the Information offered to him/her at his/her own risk.
10.3 Therefore, the Supplier declines all responsibility for the accuracy and reliability of the Information published on his/her website, in any form whatsoever.
10.4 In addition, the Customer declares and guarantees to the Supplier that he holds all necessary rights and this both on his equipment, as well as the data or software or other software installed or to be installed on his equipment and/or for which he wishes the Supplier to intervene, all in such a way that the Supplier is neither sought nor worried in any way whatsoever.
10.5 The Customer also acknowledges that the object of the Supplier's intervention may not have the direct or indirect consequence of infringing the rights of third parties, including, without this list being exhaustive, software or music or videogram publishers.
10.6 The Supplier is only bound by an obligation of means.
10.7 The Supplier may not be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or other involuntary problems.
10.8 It is recalled that the successful completion of new equipment, or the provision of services, depends not only on the quality of the hardware, software, and services provided, but also on factors beyond the Supplier's control such as the original installation, working methods and the user's qualification.
10.9 The Customer remains responsible for the data present on his computer installation, the Supplier's responsibility cannot therefore be engaged on this account.
10.10 The Customer is required to make its own backup before any intervention by the Supplier. The Supplier shall not be held liable for any damage to equipment or loss of information due to its intervention.
10.11 The Supplier shall not be held liable if a part is damaged during the intervention due to a hidden defect, or if data is lost due to a defect in the support.
11.1 All elements of the Supplier's website are and remain the intellectual and exclusive property of the Supplier.
11.2 No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the website whether software, visual or sound.
11.3 Any simple or hypertext link is strictly prohibited without a written agreement.
12. Personal data
12.1 The information concerning the Customer contained in these General Terms and Conditions of Sale may be subject to automated processing by the Supplier or by one of its subsidiaries. In accordance with the Data Protection Act of 6 January 1978, the Customer has the right to access and rectify information concerning him/her.
12.2 The Supplier reserves the right to collect information on Customers, including by using cookies, and, if he/she so wishes, to transmit the collected information to commercial partners.
12.3 The Customer expressly authorizes the Supplier to use its name and the work performed among its commercial references.
12.4 By using the Supplier's services, the Customer accepts to receive promotional information in the form of a newsletter. The Customer may unsubscribe from this newsletter by clicking on the corresponding link on the newsletters he will receive.
The buyers may object to the disclosure of their details by notifying the Supplier by email at the email address firstname.lastname@example.org.
The Supplier undertakes to respect the strictest confidentiality regarding the information provided by the Customer and designated as such.
14. Archiving - evidence
14.1 The Supplier shall archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
14.2 The Supplier's computerized records shall be considered by the parties as proof of communications, orders, payments and transactions between the parties.
15. Dispute resolution
15.1 These General Terms and Conditions of Sale are governed by French law.
15.2 All disputes that may arise between the parties in connection with the interpretation and/or performance of this contract shall be submitted, in the absence of an amicable agreement, to the exclusive jurisdiction of the competent court, with the exception of disputes concerning non-commercial persons and for which the legal rules governing the allocation of jurisdiction apply, notwithstanding multiple defendants or warranty claims.
15.3 However, the Supplier reserves the right to bring an action before any other competent court.
The application of the Vienna Convention of 11 April 1980 on the International Allocation of Goods is expressly excluded.
16. Miscellaneous provisions
16.1 In the event that any of the provisions of the contract is declared null and void, in any way and for any reason, it shall be deemed unwritten and shall not invalidate the other provisions.
16.2 The contractual relations between the Supplier and the Customer are governed solely by the provisions of these General Terms and Conditions of Sale.
16.3 The Customer may not assign all or part of the rights and obligations resulting from his commitments without the prior written consent of the Supplier and subject to strict compliance with the conditions stipulated in these General Terms and Conditions of Sale.