The ARMITEC company will be referred to in the text below as “the seller”.

Article 1 - Application of the general conditions of sale - Opposability of the general conditions of sale - modification

These general conditions of sale (CGV) apply exclusively to all sales of products or services concluded by the seller.

Consequently, placing an order implies the buyer's full and unreserved acceptance of these General Terms and Conditions, to the exclusion of all other documents such as prospectuses and catalogs issued by the seller and which have only an indicative value. No special conditions can, unless formal and written acceptance from the seller, prevail over the General Terms and Conditions. Any contrary condition opposed by the buyer will, therefore, in the absence of express acceptance, be unenforceable against the seller, regardless of when it may have been brought to his attention.

The fact that the seller does not take advantage of any of these General Terms and Conditions at a given time cannot be interpreted as a waiver of the right to subsequently take advantage of any of the said conditions.

The seller reserves the right to modify these general conditions at any time.

Article 2 - Orders

Any order from a customer must be made in writing or by any electronic means of communication approved by the seller.

The seller reserves the right to correct any error that may occur during order registration and will not incur any liability as a result.

No acknowledgment of receipt of orders is established, with delivery or performance of the service serving as confirmation on the part of the seller.

Any modification or resolution of the order requested by the buyer can only be taken into consideration if it is received in writing before shipping the products or the execution of the service to be performed.

If the seller does not accept the modification or resolution, the deposits paid can only be returned in merchandise value or will not be returned in the event of a service.

Article 3 - Confidentiality

The studies, plans, drawings, and documents of any nature, provided or used by the seller always remain its property. The customer may neither communicate them to third parties nor reproduce them totally or partially for any reason whatsoever and without the seller's agreement.

Article 4 - Price

The goods and services are invoiced at the prices in effect at the time the order is placed, deducting, where applicable, all discounts, discounts and rebates applicable to the order.

Prices are net, ex-tax, based on the prices communicated to the buyer or the quote.

Any tax, fee, duty or other service to be paid in application of French regulations, or those of an importing country or a transit country, are the responsibility of the purchaser.

The seller may modify its prices at any time, with 1 month's notice and without incurring any liability.

Article 5 - Payment

Payment must be made by the customer, at the latest within thirty (30) days from the date of receipt of the goods or execution of the service.

For customers without an account, cash payment on the first order before delivery or at the end of the service.
All repair (troubleshooting) and maintenance work, as well as additional supplies delivered during assembly or installation, will be covered by an amendment to the order signed by both parties.

Payment is only accepted by bank transfer.

No discount will be granted in the event of early payment. Any dispute over equipment or supplies and services cannot under any circumstances suspend any payment obligation.

In the event of late payment, the seller may suspend all orders in progress, without prejudice to any other course of action.

Any invoice not paid by the due date bears interest, automatically and without prior notice, at an annual rate equal to three times the rate (according to the LME) of the legal interest, calculated per monthly payment.

In the event of non-payment, forty-eight hours after a formal notice remains unsuccessful, the sale will be automatically terminated if the seller sees fit, who may request, in summary proceedings, the return of the products, without prejudice to any other damages. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered, whether the service has been carried out or in part and whether their payment is due or not.

The buyer must reimburse all costs incurred by the contentious recovery of the sums due, including the fees of ministerial officers.

Article 6 - Penal clause

Failure to pay invoices by the agreed due date automatically results in the customer being charged with compensation set as a penalty clause in accordance with article 1226 of the Civil Code, at 20% of unpaid invoices with a minimum of €152.45, without prejudice to requests that may be made judicially under article 700 of the NCPC.

“In accordance with article L441-6 of the commercial code, any late payment will give rise, if the supplier so wishes, and from the first day of delay:

-the application of a fixed compensation for recovery costs in the amount of 40 euros (European directive 2011/7 of February 16, 2011, law 2012-387 of March 22, 2012, and decree 2012-1115 of October 2, 2012);

-when the recovery costs incurred are greater than the amount of this fixed compensation, additional compensation, upon justification.”

Article 7 - Delivery - performance of the service

The ordered products are shipped to the address indicated by the customer.

Deliveries are only made based on availability and in the order in which orders arrive. The seller is authorized to make deliveries in whole or in part.

Delivery times are indicated as accurately as possible but depend on the seller's supply and transport possibilities.

Exceeding delivery times cannot give rise to damages, deductions or cancellation of orders in progress. However, if 3 months after the indicative delivery date, the product has not been delivered, for any reason other than a case of force majeure, the sale may then be terminated at the request of either party: the purchaser may obtain return of his deposit to the exclusion of any other compensation or damages.

The following are considered as force majeure relieving the seller of his obligation to deliver: war, riot, fire, strikes, accidents, a pandemic, regulations or requirements of public authorities or any other unavoidable, unforeseeable event beyond the seller's control.

The Seller will keep the Buyer informed, in a timely manner, of the cases and events listed above.

In any event, on-time delivery can only occur if the buyer is up to date with his obligations towards the seller, whatever the cause.

The products are transported at the risk of the recipient who is responsible, in the event of damage or missing items, for making all necessary findings and confirming their reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier, within three days following receipt of the goods.

The clauses of this article also apply as far as possible in the event of provision of a service (execution time, delay in execution, force majeure).

Article 8 - Reception

Without prejudice to the arrangements to be made with the carrier, complaints about apparent defects or non-conformity of the product delivered or the service provided must be made in writing within three days of the arrival of the products or the completion of the service.

It will be up to the buyer to provide any justification as to the reality of the defects or anomalies noted. He must allow the seller every opportunity to identify these defects and provide a solution. He will refrain from intervening himself or involving a third party for this purpose.

Article 9 - Returns

Any product return must be the subject of a formal agreement between the seller and the buyer. Any product returned without this agreement will be kept at the disposal of the purchaser and will not give rise to the establishment of a credit note. The costs and risks of the return are always the responsibility of the purchaser.

Returned goods are accompanied by a return slip to attach to the package.

Any return accepted by the seller will result in the establishment of a credit note for the benefit of the purchaser, after qualitative and quantitative verification of the returned products; returns that do not comply with the above procedure will be punished by the loss for the purchaser of the deposits he or she has paid.

In the event of an apparent defect or non-conformity of the products delivered or the service provided, duly noted by the seller under the conditions provided above, the buyer may obtain free replacement, reimbursement of the products or restoration, at the seller's choice, to the exclusion of any compensation or damages.

Article 10 - Guarantee

10.1 Legal guarantee

The customer benefits from the legal guarantee against hidden defects. The guarantee for the goods sold depends on the French technical standards in force on the day of delivery.

10.2 Contractual guarantee

The duration of the normal warranty for the materials supplied, against all construction or operating defects and against all defects and materials, is 1 year after the first shipment and the customer is required to provide proof of these defects or defects.

The warranty does not cover repairs or replacements resulting from normal wear and tear or improper storage of the goods. The warranty does not apply when, without the seller's agreement, modifications or replacements of original parts are made to the goods.

Repair, modification or replacement of parts during the warranty period indicated above cannot have the effect of extending the warranty period.

Article 11 - Reservation of ownership

The seller will retain ownership of the goods delivered by him until full payment of the price, payment being understood by the actual collection of this price and not by the delivery of a bill of exchange or a title creating an obligation to pay (law no. 80.335 of 02.12.1980).

By express agreement of the parties, the goods present in the customer's premises on the date of the opening judgment will be irrefutably presumed to be attributed to the last unpaid delivery unless written proof to the contrary, the goods remaining in stock being presumed to necessarily correspond to the last delivery. During the entire retention of title period, the customer as guardian of the item is responsible for any damage or loss occurring after delivery.

Article 12 - Election of domicile of jurisdiction

For any legal action initiated at the seller's initiative for the recovery of unpaid invoices, the choice of domicile is made either at the address of our company indicated at the top of the invoice, or at the jurisdiction of the seller's head office, even in the event of multiple defendants.

In the event of legal action taken against us on the basis of the execution of the sales contract or in the event of interpretation on the execution of the clauses and conditions indicated above, the jurisdiction of the seller's head office will have sole jurisdiction, even in the event of multiple defendants.

Article 13 - Non-poaching/non-solicitation clause for staff

In order to protect the interests of the ARMITEC company, the client undertakes not to solicit for hiring or to hire directly or indirectly any member of the ARMITEC company staff. The ban applies throughout the execution of this order and for a period of two years from the signing of the order, whatever the cause. In the event of non-compliance with this prohibition, the client will pay to the company ARMITEC as a penalty clause, an amount equal to 12 times the gross monthly remuneration of the employee concerned.

Article 14 - Safety/work accidents

Within the framework of current regulations, the development of a prevention plan must be carried out jointly between the ARMITEC company and the client company.

It is the customer's responsibility to do everything possible to ensure the safety of ARMITEC employees and to inform ARMITEC management of any breach of safety rules.

Article 15 - Protection of personal data

ARMITEC respects the privacy of its customers and undertakes to ensure that all information collected to identify them is considered confidential information. The collection of this information is essential to the provision of our services, refusal to consent to the processing of this personal data would prevent their execution.

This information can also be used to create a customer file for commercial prospecting purposes.

Personal information is kept for the legal retention period, i.e. 3 years from the end of the commercial relationship and is intended for the people responsible for its processing within the company.

 No transfer of personal data is made outside the European Union by the company ARMITEC.

In accordance with the European regulation on the protection of personal data EU 2016/679 (GDPR), the Customer can exercise their right of access to data concerning them, rectification, erasure, request a limitation of processing, oppose it or request portability by contacting us by email (contact form) or by telephone at 02.40.39.67.40