Terms of Sales
These General Conditions of Sale govern the commercial activity of HOMECOCKPITS.FR whose registered office is located at 1 rue du General de Gaulle 28170 Chateauneuf-en-Thymerais, registered with the RCS of CHARTRES under the number 448 112 235
ARTICLE 1- Scope
In accordance with Article L 441-6 of the French Commercial Code, these General Terms and Conditions of Sale (GTC) constitute the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which the seller provides buyers with the products designated on the HOMECOCKPITS.FR website:
The GTC apply without reserve or restriction to the sales concluded between the seller and the buyers, whatever the stipulations which can appear in the general conditions of purchase possibly stabled by the purchasers.
Any product order implies acceptance by the buyer of the General Terms and Conditions of Use of the seller's website for orders via the seller's website.
The fact that the seller does not avail himself of any of the clauses contained in these GTS can not be interpreted as a waiver to use it later.
The seller may agree with a purchaser special terms of sale derogating from the GTC.
These Terms are valid for an unlimited period, until any changes made by the seller.
ARTICLE 2- Orders
2.1 Terms of order
Orders can be placed by the Buyer from the seller by any means.
Sales are final, even if they are taken through sales representatives or employees, only after express acceptance by the seller of the order issued by the buyer. This acceptance can be materialized by sending an e-mail, sms or mail.
2.2 Minimum amount
No minimum order amount is required by the seller.
If the buyer wishes to modify his order, his request can be taken into consideration only if it reaches the seller in writing before the shipment of the products and for the services before the date of commencement of the service determined by the seller.
The benefit of the order is granted to the buyer only and can not be assigned without the agreement of the seller.
ARTICLE 3- Rates
3.1 Price details
The products and services are provided at the rates in force on the day of placing the order or in the specific commercial proposal that may be sent to the buyer. Rates are firm and non-revisable throughout their period of validity, indicated by the seller.
Any tax, duty, tax or other benefit payable under the French regulations or those of an importing country or a transit country are the responsibility of the buyer.
Prices are in euros and do not include:
No discount will be charged by the seller in the event of payment of the products ordered before the date of payment appearing on the invoice or in a time lower than that envisaged by the GSC.
ARTICLE 4- Discounts and Rebates
Depending on the quantities ordered by the buyer or delivered by the seller at one time and in one place or the regularity of orders, the buyer may receive discounts and rebates on the rates charged by the seller.
ARTICLE 5- Terms of payment
5.1 Payment terms
For any order, the buyer will proceed to the payment of prices of the products ordered by:
The price is payable in cash, in full on the last day of the performance of the contract including the delivery of the goods, according to the terms of the delivery article, and the term of the possible provision of services.
5.3 Penalties of delay
In case of late payment of the buyer, the seller may suspend all orders in progress, without prejudice to any other course of action.
Any sum not paid at the due date fixed by the present GTC entails automatically, without formality nor formal notice, from the day following the date of payments envisaged on the invoice, the application of penalties of delay of an equal amount at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 points.
A lump sum compensation for recovery costs of 40 euros will also be due, automatically and without prior notice to the buyer. The seller reserves the right to ask the buyer for a supplementary amount if the recovery costs incurred exceed this amount.
ARTICLE 6- Cancellation
As a manufacturer of custom parts, the seller will accept no cancellation of order from the buyer, for whatever reason, as provided for in Articles L.121-20-2 and L.121 -20-4 of the code of consumption.
ARTICLE 7- Delivery
7.1 Delivery of products
Delivery times may differ depending on the products ordered, they are specified on the purchase order signed by the buyer for each product or product category.
This period does not constitute a period of rigor and the seller can not be held liable in case of late delivery not exceeding a period of 10 days. In the case of a delay greater than 10 days, the buyer may request the resolution of the sale and any deposits paid will be returned by the seller.
The seller's liability can never be incurred in the event of delay or suspension of the delivery if this is attributable to the buyer or to a case of force majeure.
7.2 Execution of the service provision
The services ordered by the buyer will be performed in the seller's home. The deadlines for the performance of these services will be specified in a separate document communicated to buyers and specific to each service.
The terms and conditions regarding the place of performance of Services ordered by the buyer may be specified in the order form or the seller's catalog.
ARTICLE 8- Returns
Returns of products by the buyer must be the subject of a formal agreement with the seller and any product returned to the seller without his consent would give rise to the establishment of no credit.
The costs as well as the risks of returns are the sole responsibility of the buyer.
No returns will be accepted after 14 days from the date of delivery.
The products must be returned to the seller in the condition in which he delivered them.
Any return accepted by the seller results in the granting of a credit to the buyer, after checking the quality and quantity of products.
ARTICLE 9- Packaging
Packages bearing the mark and / or the name of the seller may only be used for the products and in no case for products that are not his own.
ARTICLE 10- Transfer of Ownership
The acceptance of the purchase order by the seller automatically entails the transfer of ownership and transfer of risks on the ordered products.
ARTICLE 11- Liability - Warranty
The purchasers benefit from the legal guarantee of eviction and latent defects.
Buyers benefit from the legal guarantee of eviction and hidden defects.
The products supplied by the seller are guaranteed against defects in materials or workmanship for a period of 12 months from their receipt by the buyer.
The sole obligation incumbent upon the seller is guaranteed, at his option, the replacement or repair of the defective product or component, unless this method of compensation proves to be impossible or disproportionate. The buyer can not claim any compensation in the event of immobilization of the product within the framework of the application of this guarantee.
The warranty does not cover apparent defects, defects and damage caused by natural wear due to normal use of the product or improper use of the product by the purchaser. It does not play either for the damages caused by events of force majeure, such as including but not limited to bad weather, earthquakes, war, fires, strikes ...
No guarantee can be applied for failure to pay in full the sums due by the buyer to the seller.
11.2 Limitation of liability
The seller's liability may only be incurred in the event of gross, intentional or fraudulent negligence. In all other cases, the seller's liability can never be sought or incurred by the buyers.
The buyers guarantee and indemnify any liability claims against the seller by third parties of the contract.
ARTICLE 12- Treatment and Disputes
In the event of disputes between the buyer and the seller regarding the validity, interpretation, performance or non-performance, interruption or termination of these GSC, they decide to submit the dispute to arbitration pursuant to the International Chamber of Commerce by one or more arbitrators in accordance with this Regulation.
ARTICLE 13- Governing Law - Language of the Contract
By express agreement between the Parties, this Agreement is governed by and subject to French law. It is written in French. In the translated document, only the French version is authentic in case of dispute.