GENERAL CONDITIONS OF ONLINE SALES
These general terms and conditions of online sale apply to all sales concluded on the CleanAir Engineering Europe website. They apply to online orders issued by professional customers. The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of his order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation. The present general conditions of sale prevail over any other document, and in particular over any general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers. Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship.
The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have seat in France. The present general conditions of sale are communicated to any buyer who requests them.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer. The present conditions concern the purchases made on this website and delivered exclusively in France and in the world.
Article 3 - Order
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below. In certain cases, notably non-payment, erroneous address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of an ordered product, the buyer will be informed by e-mail. The cancellation of the order of this product and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the purchaser can :
- Call the following number: 0491878210 (cost of a local call), on the following days and times: Monday to Thursday, from 8:30 am to 5:30 pm and Friday from 8:30 am to 4:30 pm.
- Send an e-mail to the following address: cleanair.europe@cleanair.com.
Article 4 - Electronic signature
The final validation of the order (online payment) will be worth proof of the buyer's agreement. This will allow the seller to obtain the payability of the sums due under the purchase order and it will be worth signature and express acceptance of all operations carried out.
Article 5 - Confirmation of the order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer on the order form.
Article 6 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 7 - Product Information
The products governed by the present general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 8 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. The prices are displayed in euros, excluding tax. They do not take into account the delivery costs, invoiced in supplement and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store at the check-out stage.
The payment of the totality of the price must be realized at the time of the order. At no time, the paid sums could be considered as deposits or installments.
If one or more taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
Article 9 - Method of Payment
It is an order with obligation of payment, which means that the placing of the order implies a payment of the buyer. The payment of the order is made only by credit card. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer with whom a payment dispute is being administered.
The price is payable in full and in one payment upon receipt of the order. The date of payment will be mentioned on the invoice sent to the buyer.
Article 10 - Availability of products
In case of delay of delivery, the responsibility of the seller cannot be engaged, and this, for any cause whatsoever. Consequently, no request for compensation, of any nature whatsoever, can be claimed by the buyer.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either for a refund of the sums paid within 30 days at the latest of their payment, or for the exchange of the product.
Article 11 - Terms of delivery
The products are delivered to the address indicated by the purchaser at the time of the payment of his order. The buyer must ensure the accuracy of the information provided. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and during the time indicated. If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (missing product compared to the delivery form, damaged package, broken products ...).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note. The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the article(s) and to transmit a copy of this mail to the salesman at the address indicated in the legal mentions of the site.
Article 12 - Delivery errors
The purchaser shall file with the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Article 13 - Product warranty
Seller warrants to Buyer against any lack of conformity of the Services and any latent defect, arising from a defect in the design or supply of the Services to the exclusion of any negligence or fault of Buyer.
In any case, in the event that the seller's responsibility is retained, the seller's guarantee is limited to the amount paid by the buyer for the purchase of the goods.
Article 14 - Right of withdrawal and returns
The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided by the code of consumption.
No refund can be made. If however the purchaser wishes to proceed to an exchange, it must make the request with the salesman in the 7 working days as from the date of order.
Any request made outside of this time frame cannot be processed. The acceptance of the exchange request from the buyer is at the discretion of the seller, he therefore reserves the right to reject the exchange request from the buyer.
Article 15 - Force majeure
Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered as causes of exoneration of the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts for more than three months, the present general conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other clauses will keep all their force and their scope.
Article 17 - Non-Waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.
Article 18 - Applicable Law
The present general conditions are subject to the application of French law. The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract. If they fail to do so, the parties shall submit the dispute to the Commercial Court.
Article 19 - Collection of personal data
The personal data that are collected on this site are the following:
- Account opening: when the user's account is created, his name, first name, e-mail address, telephone number and postal address.
- Connection: when the user connects to the website, it records, in particular, his name, first name, connection data, use and location.
- Cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the parameters of his browser.
Security and Privacy: Please see our Privacy Policy for information on how we use personal data.
The CleanAir Europe website reserves the right to make changes to its Privacy Policy at any time. If a change is made, the website will post the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.
Implementation of user rights:
In accordance with the regulations applicable to personal data, users have the following rights, which can be exercised at the following address cleanair.europe@cleanair.com
- They can update or delete their data by logging into their account and configuring their account settings.
- They can delete their account, by writing to the following email address: cleanaireurope@cleanair.com. Please note that information shared with other users, such as forum postings, may remain publicly visible on the website even after their account is deleted.
- They can exercise their right of access, to know the personal data concerning them.
- When the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data.
- If required by law, the website may transmit data to pursue claims against the website and to comply with administrative and judicial proceedings.
- If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.
