1. GENERAL
The conditions below apply to all our offers and deliveries.
Acceptance of offers implies acceptance of these conditions, except for specific clauses reproduced in the order confirmation which alone binds the seller to his customer.
2 – OFFERS
It is up to the user to carry out the necessary checks to pass the delivered package to the area of use and cannot commit the seller. It is up to the user to carry out the implantation, accounting and assembly studies, even if special equipment is supplied at the user’s request by the seller, the latter not being able to guarantee, even in this case, that of the conformity of the material with the specifications accepted by him and retained in the confirmation of the order.
Studies, projects and documents of any kind, selected sketches, plans, and quotes, photographs, engravings, prints, etc … provided by the seller or his representatives, even following specific studies paid or not, always remain to the entire property of the seller.
They must be returned to him at his request. The seller retains the intellectual property rights of projects, studies and documents, which may not be communicated, disseminated, assigned, reproduced, or carried out without his special written authorization.
3 – ORDERS
All customer orders are subject to express acceptance by the seller.
4 – PRICES
The prices are understood to be exclusive of tax, without postage, discounts and discounts.
Unless the seller agrees on an option period and a final price, the prices are given as an indication and without commitment.
Prices are established on the basis of economic conditions at the time of the offer and for immediate ordering. Prices are subject to revision at the time of invoicing according to the formula that will apply within the limits of the regulations in force when the contract is signed.
5 – DELIVERIES AND DEADLINES
Whatever the destination of the equipment and the conditions of sale, delivery is deemed to have been made to the seller. Delivery times are maintained as far as possible. Delivery and / or shipping times are always given for information only and their non-compliance can in no case justify the partial or total cancellation of an order unless otherwise agreed by the seller and duly specified in the acknowledgment. of receipt of the order.
Deliveries are made to the premises of the customer who undertakes to receive them. The obligation in which the customer places the company, or the carrier, to deposit the parcel (s) in another unclosed place, due to his absence or the closure of his establishment, discharges the company from all liability in the event of theft, damage or accident.
Unless otherwise indicated, the equipment is kept in stock and available for delivery within 30 days after validation of the order.
The seller is automatically released from any commitment relating to delivery times:
1 / In the event that the payment conditions have not been observed by the customer.
2 / In the event that the information to be provided by the customer has not arrived in time.
3 / In the event of force majeure or events such as: lock-out, strike, epidemic, war, requisition, fire, flood, tooling accidents, scrap of important parts in the course of manufacture, interruptions or delays in transport or receipt of raw materials like any other cause leading to total or partial unemployment for the seller or his suppliers.
6 – RISKS AND PACKAGING
The goods travel at the expense and risk of the customer. Special packaging requested for maritime shipments is invoiced in addition to the merchandise. The packaging is never taken back.
7 – TRANSPORT
The operations of transport, insurance, handling and brought to work are the responsibility, at the expense and risk of the customer, to whom it is the responsibility of checking the shipments on arrival and to exercise, if there is place, recourse against the carrier or against the freight forwarder or forwarder even if the shipment was made carriage paid.
8 – PAYMENT
The prices are calculated for NET payments and without discount under the conditions determined in the order. Invoices are payable on the due dates.
In the event of installment payments, non-payment of a single installment leads to forfeiture of the term at the sole initiative of the seller.
In the event of staggered deliveries, the non-payment of a delivery entails, for the seller, the right of retention on future deliveries. Any delay entails the automatic application of a default interest on the basis of the rate. legal plus five points.
No extension of maturity may be granted to the defaulting buyer without proof of a notification of debt subrogation or the granting of specific guarantees for the benefit of the seller
9 – RETENTION OF OWNERSHIP
The seller retains ownership of the goods delivered by him until full payment of the price.
The buyer must ensure the goods against loss and damage and notify the seller of any measures taken by third parties on the said goods, for example seizures made on the goods subject to said reservation.
In the event of non-payment of a single due date, the return of the goods delivered may be claimed by the seller and this claim may be made by any means: registered letter, contradictory inventory, bailiff’s summons.
The buyer may not conceal, on pain of damages, the return of the goods either to the seller or to any person authorized by him.
The goods being delivered with application of the retention of title clause must appear with the mention “retention of title” in the buyer’s stock, in accordance with legal provisions. In the event of resale and / or transformation, the buyer undertakes, at the seller’s first request, to assign all or part of the receivables acquired on the sub-buyers, up to the amounts still due. This security may be the subject of a written subrogation agreement of the buyer’s claim for the benefit of the seller vis-à-vis the sub-buyers and enforceable against third parties.
This debt subrogation may be requested:
In the event of late payment,
In the event of a state of protests or positive collateral,
In the absence of guarantees for a new customer.
If the buyer refuses to provide such security, deliveries may be suspended at the sole initiative of the seller.
We reserve the right to remove or modify one or more references at any time, without notice.
10 – GUARANTEE
1 / The seller guarantees the equipment sold and supplied by him against any defect or manufacturing and operating defect in accordance with the manufacturer’s conditions, whether they result from a defect in the design, raw materials, manufacture or execution and this under the conditions and within the limits below. In the event of a product anomaly, the seller accepts no liability at the expense of the manufacturer. The manufacturer remains solely responsible for the proper conformity of the equipment delivered.
2 / The guarantee is only applicable if the customer has satisfied the general obligations of this contract and in particular the payment conditions.
3 / The guarantee is strictly limited to the materials supplied by the seller. It does not extend to materials in which the vendor’s supplies would be incorporated.
4 / When the seller’s supplies are incorporated by the customer or a third party into any equipment, they are solely responsible for the adaptation, choice and suitability of the seller’s supplies.
5 / The warranty period for the Motivation range is one year excluding wheels and wheel accessories. The warranty period for Handi Life Sport balls for any seam defect is 2 years on the SUPERIOR range of balls. The warranty period against manufacturing defects for the Harness range is 30 days, excluding seams. The warranty period against manufacturing defects for the Parahry / Bashto athletic range is one year. Other equipment is guaranteed for 14 days from receipt by the buyer, cosmetic defects are not covered by the guarantee. At the end of this period, the warranty automatically ceases.
6 / The seller’s warranty obligation can only apply if the customer establishes that the defect is manifested in the conditions of use normally provided for the type of supply, or indicated by the seller in writing, and in progress normal use.
7 / The warranty is limited to the obligation to restore at the expense of the seller and as soon as possible, the materials and parts supplied by him, recognized as defective by his technical services, and which will have been sent to him free of charge, without any ” it may be claimed compensation for any damage suffered, such as accident to persons, damage to property other than those forming the subject of this contract, deprivation of use, operating losses, commercial damage or loss of to win.
8 / The benefit of the guarantee can only be invoked if the customer notifies the seller without delay, and in writing, of the defects that he attributes to his equipment, and provides all justifications as to the reality of these. He must give the manufacturers all the faculties to proceed to the observation of defects and to remedy them. The warranty does not apply if the equipment is not returned to the seller in the state in which it broke down, or if it has been previously unplugged, dismantled, repaired, modified either by a third party or by the owner. ‘user or by the client.
11 – CLAIMS
Any complaint for lack of conformity or apparent defect must be made within eight days of receipt of the goods.
Returned goods cannot be refunded, but only exchanged for other supplies.
12 – RIGHT OF WITHDRAWAL
From the receipt of the package by the buyer, he has 14 days to return his order. An e-mail indicating the reason for the return will allow the procedure to be followed to be sent. Custom-made equipment is not subject to the right of withdrawal.
13 – PLACE OF EXECUTION AND JURISDICTION
In the event of any dispute whatsoever, the Commercial Court of Draguignan will have sole jurisdiction, even in the event of a plurality of defendants, incidental request, questioning or warranty appeal, and even by summary proceedings.
ACTINOMIE is a french SAS with a share capital of 20 000€, sole manager of the website.
SIREN : 891 566 085 – FRENCH VAT N° FR 91 891 566 085