TERMS OF SALES
Definitions
The customer (you): A person who purchases Products. Consumer: A natural person purchasing Products for his private use.EURO TECH Conseil (We): The seller of the Product, as identified on your invoice and, if need be, the Service Provider.
EURO TECH Conseil Products : products; IT equipment bearing the brand « EURO TECH CONSEIL » including all its components, but excluding the following: (i) software, sound cards, speakers, peripherals, accessories or parts not installed or added by EURO TECH CONSEIL in a factory (ii) accessories or parts added to the material bearing the brand EURO TECH CONSEIL as part of the CFI Service at the request of the Client and iii) monitors, keyboards and mice, as long as they are not included in the EURO TECH CONSEIL standard price list.
Embedded Materials: Third Party Products or products specified or provided by you. Order confirmation: acknowledgment of receipt of your order sent by EURO- TECH CONSEIL
Price : selling price indicated in the Order Confirmation.
Product : described in the Order Confirmation. May include Products EURO TECH CONSEIL, third Party Products and service provision.
Service Provision : described in the Order confirmation and/or in the list of EURO TECH CONSEIL services.
Service Providers : EURO TECH CONSEIL or its licensed service providers.
Third Party Products : All the products that are not branded EURO TECH CONSEIL
Software : operating software or application software.
Services : Service provision or technical support offered by EURO TECH CONSEIL or the service provider in accordance with the service offer, including custom fabrication at the CFI factory(Custom Factory Integration).
Application scope
this contract applies to sales, services and advertisements performed by EURO TECH CONSEIL in catalogues, tariffs, publicity and quotes, on the Internet or orally. Any modification of this contract or of a quote must be confirmed by EURO TECH CONSEIL in writing. All other conditions are excluded. By placing your order, you expressly accept this contract. This contract does not apply to Products purchased from a reseller or distributor, nor is it a reseller or distributor agreement.
Quotes, Orders, ContractOnly written quotes are valid, for the period indicated therein. If not, the duration is 10 days. Orders can be placed online, by telephone, mail or fax. They only link EURO TECH CONSEIL after sending by EURO TECH CONSEIL of a written order of confirmation. You must check the Order confirmation and notify us in writing immediately of any errors. Otherwise this contract will apply to the aforementioned Confirmation order.Due to our continuous update policy, the Products may be modified without notice but we assure you of at least equivalent functionality and performance.Delivery-Ownership-RisksThe delivery time indicated in the Order Confirmation is indicative. Deliveries may be staggered. The place of delivery is indicated in the Order Confirmation.Ownership of the Products is transferred to you after full payment of the price. Until then, you must insure our Products without altering or pledging them; and EURO TECH CONSEIL can show up and retrieve them. You may use the Products, without modifying them, in the usual course of your business. If you sell them before transfer of ownership, you will become our agent and the fruit of this sale will return to us. If you refuse delivery without our agreement, you will have to pay our costs and losses resulting from them, including storage costs until you accept delivery.The transfer of risk takes place when we deliver the Product to you. For consumer sales only, delivery is made thirty days maximum after Order Confirmation. If this deadline is exceeded, the Consumer is entitled, in accordance with the law to the reimbursement of his order, to late payment interest calculated according to the legal interest rate. Any missing or damaged package must be mentioned on the delivery note before signing this one.
Acceptation.
You must check the packages upon arrival and indicate to the carrier any justified reservations, by registered letter with acknowledgment of receipt within three working days after delivery. If the Products delivered do not conform in kind or in quantity to the description of the Order Confirmation, you must send us any complaints in writing within the seven (7) days following the day of delivery. If the return of the Product is accepted by EURO TECH CONSEIL, you must put it in its original packaging with return receipt and proof of purchase. You bear the return costs.
Warranty
We guarantee that EURO TECH CONSEIL Products will be faultless for twelve months after delivery ; spare parts for 90 days after the delivery date,laptop batteries are guaranteed for one year, without possible extension.
In case of problems during this period, we will repair or replace the Product within a reasonable time, given the complexity of the problem, the availability of parts and the information communicated by you.
EURO TECH CONSEIL manufactures using new or equivalent components in accordance with industry practice. Replacement parts are new or reconditioned.
The EURO TECH CONSEIL guarantee is given instead of any other guarantee whatsoever and all this to the fullest extent permitted by law. EURO TECH CONSEIL may review the warranty terms from time to time.
These changes do not apply to Products ordered before the change date. All parts essential for the use of the Products delivered should be available to Consumers for three years from their delivery. Our warranty does not cover: (i) damage caused by improper installation, or use, modifications or repairs made by an unauthorized third party or yourself (ii) damage due to an external cause, (iii) The fitness of a product for any particular use, (iv) Third Party Products, Software and Integrated Hardware specified by you; warranty or license being directly provided/sent by their manufacturer or publisher (v) any order you give correctly executed by EURO TECH CONSEIL. These exclusions do not preclude the warranty of hidden defects ,stipulated in articles 1641 and following of the Civil Code, if the Product is sold to a Consumer.
CFI (custom made in factory)These services are provided by EURO TECH CONSEIL according to your instructions and technical specifications. TECH COMPUTER will notify you of the validation of the Integrated Materials and then integrate them into the Product (this constituting a CFI Product) which we can install according to your instructions or our advice if agreed. We will refuse technically infeasible CFI work.
Responsibility
We may be liable for proven material damage to private property and personal injury caused by our wilful negligence or that of our Service Providers. Excluding bodily injury, our liability is, by express agreement, and in any event, limited to the lesser of the following amounts: three hundred and eighty two thousand Euros or the Price. We accept no liability for (i) indirect or immaterial damages which amount to your lost turnover, data, salaries, income and/or loss of earnings, which you expressly accept. (ii) damage repaired by EURO TECH CONSEIL within a reasonable time.(iii) the damage that you could have avoided or limited by a reasonable action such as data backup or the implementation of our guidance tips. (iv) all items excluded from the warranty or by force majeure.
Intellectual property
In the event of a proven counterfeit of a Product designed and manufactured by EURO TECH CONSEIL, our commitment is to exchange it, modify it or refund it, less its depreciation value.EURO TECH CONSEIL is authorized to negotiate, conduct the procedure, and you owe us help at our expense. When the dispute is related to your Product, EURO TECH CONSEIL retains all its intellectual property rights in the Products. You must notify us immediately of any complaint filed for counterfeit or unauthorized use of the Product or the intellectual property rights therein. You indemnify us for any infringement of intellectual property rights specified by you or on which you have licenses and integrated into the Products. EURO TECH CONSEIL owes you no compensation for (i) Third Party Products and Software (ii) unauthorized modifications or (iii) any complaint due to the use of the Products associated with elements not provided by EURO TECH CONSEIL.
Software
You agree that software which is not published by EURO TECH CONSEIL will be provided to you under the terms of the license and warranty of their publishers. Software licenses are attached to the Product and you must comply with them. If you refuse the license agreement of the operating software when it starts up, EURO TECH CONSEIL simply accepts the return of the complete Product for reimbursement.
Export control You acknowledge that the Products may contain technologies and Software subject to the USA and the European Union export control laws as well as the laws of the country where they are delivered or used. You must obey these laws. Products may not be sold, rented or transferred to restricted users or countries, or to who would use them for purposes of mass destruction or genocide. USA and European Union regulations vary regularly depending on the Products. You must refer to the said regulations in force.
Force majeureWe will not be liable for any delay in the execution of deliveries or services caused by events beyond our reasonable control and will be entitled to an additional delay in the event of, for instance: strikes, terrorist acts, wars, problems affecting our suppliers, transport or our production, exchange rate fluctuations, acts of public authorities, natural disasters. If such a situation lasts more than 2 months, this contract may be terminated by either party, without compensation.
Confidentiality
Each party must treat confidential information received from the other with the strictest confidentiality
Cancellation
We may terminate this contract without notice if you: (i) do not pay on the due date (ii) violate, or if EURO TECH CONSEIL suspects that you have violated any export control laws. Either party can terminate the contract if the other:
(i) commits a serious or persistent breach of its contractual obligations and does not repair it within the 30 days following written notification, or (ii) becomes insolvent or unable to pay its debts. Your obligations as a Customer, You are responsible for (i) of your own choice of the Product and its suitability for the use you will make of it (ii) your telephone and postage costs when you contact EURO TECH CONSEIL (iii) the specifications that you give for CFI (iv) embedded materials, their performance and user licenses (v) the execution of the technical prerequisites before our service provision, the safeguard and confidentiality of your data (vi) regulatory declarations incumbent on you. You owe our personnel all reasonable courtesy, information, cooperation and ease of access to allow the rapid execution of our commitments; otherwise we would be free of any liability. Your telephone calls to EURO TECH CONSEIL may be recorded for educational and training purposes.
Data protection
You agree that information about you be retained or transferred in accordance with the laws applicable to the protection of personal data and computer processing managed by EURO TECH CONSEIL. You agree that information about you may be transferred to an entity EURO TECH CONSEIL outside the European Economic Area. You can ask us not to use information about you for direct marketing purposes.
Consumer Rights
This contract does not modify mandatory statutory rights given to consumers.
Disputes
This contract is subject to French law and to the sole jurisdiction of the Commercial Court of Paris, if the Customer is a merchant, The Vienna Convention on Contracts for the International Sale of Goods does not apply to this contract.
Miscellany
If a clause of the contract is declared void by a court, the rest applies. EURO TECH CONSEIL can subcontract its commitments. Other than that, this contract cannot be assigned or transferred. Notifications must be sent to a legal representative of the other party in writing delivered by hand, electronic message, fax or urgent postal mail received 48 hours later, the postmark serving as proof.
More information
You will find detailed information about our policies, products and service offers in effect on the Etcinfo.fr website. We invite you to consult this site to follow the updates. In the event of an online purchase, they govern this contract. We are happy to have you as a client.