GENERAL CONDITIONS OF SALE
PREAMBLE
SONEC, a SASU with a capital of 10,000 euros, whose head office is located at 19, Boulevard Eugène Deruelle 69003 LYON and registered with the RCS of Paris under the number 499 189 637 and whose intra-community VAT number is FR85 499 189 637 (hereinafter referred to as “the Seller”) carries out a wholesale activity of industrial supplies and equipment and its associated services.
It offers a product presentation service on the website http://www.SONEC.fr (hereinafter referred to as the “Site”).
The products and services marketed (hereinafter referred to as “Products”) are equipment dedicated to industry, the protection of goods, people and the environment, advice to industrial companies and the supervision of the installation of these materials.
The present general terms and conditions of sale (hereinafter referred to as “GTC”) are exclusively reserved for professional buyers (hereinafter referred to as “Buyers”).
ARTICLE 1 – PURPOSE
The purpose of the GSC is to define the rights and obligations of the Seller and the Buyer in the context of the sale of the Products.
The GTC are applicable to the sale of the Seller’s Products described on the www.SONEC.fr website, which is freely accessible to all Internet users.
ARTICLE 2 – FIELD OF APPLICATION OF THE CGV
The GTCS govern the contracts of sale of the Products of the Seller to the Buyers.
The GTC constitute with the order form the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.
The GTC are exclusively applicable to products delivered to consumers established in France and abroad.
The GTC are written as well as all the contractual information mentioned on the site in French language and sometimes in English language.
ARTICLE 3 – MANDATORY INFORMATION ON THE GCV
The GTC are made available to consumers on the Seller’s website where they can be consulted directly and can also be communicated to them on request by telephone, e-mail or post.
The validation of the order by its confirmation is worth adhesion by the Purchaser to the CGV in force at the day of the order.
The Seller reserves the right to modify its GTC at any time. In case of modification of the GTC, the applicable GTC are those in force at the date of the order.
ARTICLE 4 – CLAUSES OF THE GCV
The nullity of a contractual clause does not entail the nullity of the GTC, except if it is an impulsive and determining clause having led the parties to conclude the sales contract.
ARTICLE 5 – ORDERING
ARTICLE 5.1 – STAGES OF CONTRACT CONCLUSION
The Buyer places his order by any means at his convenience.
All contractual information will be confirmed at the latest at the time of delivery. The Buyer declares that he/she has read the Terms and Conditions prior to placing his/her Order and acknowledges that the validation of his/her Order implies acceptance of their terms.
The Buyer further acknowledges that the Conditions are made available to him/her in a manner that allows for their preservation and reproduction, in accordance with Article 1369-4 of the Civil Code.
In order to place the order, the Buyer must provide the Seller with data concerning him/her and fill in a form. The conditions for processing this data are set out in Article 14 of these GTC.
The sales contract between the Buyer and the Seller is formed when the Buyer sends his order form.
A confirmation e-mail, acknowledging receipt of the Order and containing all of the above information, shall then be sent to the Buyer as soon as possible.
The Buyer must therefore provide a valid e-mail address when filling in the fields relating to his identity.
ARTICLE 5.2 – ORDER MODIFICATION
Any modification of the order by the Buyer after confirmation of his order is subject to the acceptance of the Seller.
The Vendor reserves the right to make changes to the product ordered that are related to technical developments.
ARTICLE 5.3 – VALIDATION OF THE ORDER
The Vendor reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high.
In the event that a Product ordered by the Buyer is unavailable, the Vendor undertakes to inform the Buyer by e-mail as soon as it is aware of this unavailability.
Such unavailability shall result in the cancellation of the Order. If payment has been made, the Buyer shall be reimbursed within thirty (30) days at the latest. The refund will be made by sending a check or crediting the debited bank account.
ARTICLE 6 – PRODUCTS
ARTICLE 6.1 – CHARACTERISTICS
The products offered for sale presented in the catalog published on the Site are each the subject of a description mentioning their essential characteristics.
The photographs illustrating the products do not constitute a contractual document.
ARTICLE 6.2 – USE
The conditions of use of the product are mentioned in the electronic catalog or at the latest upon delivery.
ARTICLE 6.3 – CONFORMITY
The products are in conformity with the prescriptions of the French law in force at the time of their setting on the market, relating to the safety and the health of the people and the loyalty of the commercial transactions as well as with certain international certifications.
ARTICLE 7 – PRICE
ARTICLE 7.1 – SELLING PRICE
The selling prices when they are indicated are expressed in euros, excluding tax and excluding delivery and transport costs. For international deliveries, the delivery and transport prices will be confirmed by sending an estimate to the Buyer. Consequently, the selling prices will be increased by the taxes and the shipping and delivery costs on the day of the order.
The Seller reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the price indicated when the order is placed.
In the event of a price promotion, the Seller agrees to apply the promotional price to any order placed during the promotion period.
ARTICLE 7.2 – DISCOUNTS AND REBATES
The proposed prices include the discounts and rebates that the Vendor may be required to grant in view of the Buyer’s assumption of responsibility for certain services.
ARTICLE 8 – PAYMENT
ARTICLE 8.1 – PAYMENT DUE
The price is due in full after confirmation of the order.
Payment will be made immediately upon ordering.
ARTICLE 8.2 – TERMS OF PAYMENT
The payment of the order is carried out either :
– by check
– by credit card
– by direct debit
– by bank transfer
ARTICLE 8.3 – LATE PAYMENT
In the event of total or partial non-payment, the Buyer shall pay the Seller a late payment penalty equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, in force on the day of delivery of the goods.
This penalty is calculated on the amount including VAT of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.
ARTICLE 8.4 – DEFAULT OF PAYMENT
The Vendor reserves the right, in the absence of payment of the price on the due date, to demand payment, to suspend delivery or to cancel the contract by operation of law and to retain, by way of compensation, the deposit paid on order.
ARTICLE 8.5 – DISCOUNT
No discount will be granted in case of early payment.
ARTICLE 9 – CANCELLATION CLAUSE
If within fifteen (15) days following the implementation of the “Late Payment” clause, the Buyer has not paid the remaining sums due, the sale shall be cancelled by operation of law and may give rise to the right to claim damages from the Seller.
ARTICLE 10 – DELIVERY
ARTICLE 10.1 – DELIVERY TERMS
Delivery is made to the place indicated by the Buyer on the order form.
It will be made by an independent carrier. The costs and risks related to the transport are entirely supported by the Buyer.
In case of damage, non-conforming or partial delivery, it is up to the Buyer to make all the necessary observations and to confirm his reserves by registered letter with acknowledgement of receipt to the Seller within eight (8) days following the receipt of the goods, without prejudice to the measures to be taken towards the carrier.
In case of apparent defect or non-conformity of the delivered products, duly noted by the Seller, the Buyer may obtain a replacement or a refund, with a 10% deduction for revision or handling costs, except in case of error of the Seller’s shipping department. No return of merchandise will be accepted without the prior approval of Seller and after eight (8) days from the date of delivery. The costs and risks of the return are always at the buyer’s expense. Material that has been the subject of a special factory order may not be returned.
ARTICLE 10.2 – DELIVERY TIME
The Vendor undertakes to deliver in accordance with the delivery deadline indicated on the site.
ARTICLE 10.3 – DELAY OF DELIVERY
Any reasonable delay in the delivery of the products will not give rise to the allocation of damages to the benefit of the Buyer and the cancellation of the order.
ARTICLE 10.4 – FAILURE TO DELIVER
The total failure to deliver leads to the automatic cancellation of the sales contract.
ARTICLE 11 – RETENTION OF TITLE CLAUSE
THE SELLER RETAINS OWNERSHIP OF THE GOODS SOLD UNTIL FULL PAYMENT OF THE PRICE, IN PRINCIPAL AND ACCESSORY.
In this respect, if the Buyer is the subject of a receivership or liquidation, the Seller reserves the right to claim, within the framework of the receivership, the sold goods remaining unpaid.
ARTICLE 12 – WARRANTY
ARTICLE 12.1 – DURATION OF THE WARRANTY
All the products benefit from a guarantee of a duration equal to that offered by our suppliers.
All work in the workshop and/or on-site repairs are covered by a parts and labor warranty under the same conditions.
Repair, modification or replacement of equipment during the warranty period shall not extend the warranty period.
Claims under the warranty must be sent by e-mail to the after-sales service contact@SONEC.fr.
ARTICLE 12.2 – LIMITS OF THE WARRANTY
The execution, repair and/or assembly deadlines for equipment and/or parts are given as an indication, in the event of a delay in delivery by our own suppliers, their non-respect cannot in any case give rise to compensation.
The warranty does not cover defects resulting from: transport; incorrect operation during commissioning; lack of supervision or maintenance; use not in accordance with the specifications in the assembly instructions and, in general, storage, operating or environmental conditions (mechanical, hydraulic, electrical or electronic, atmospheric, chemical, electrical or other influences not appropriate or not foreseen at the time of the order); modifications or additions made by the customer without the written agreement of our company
The warranty is limited to all material or constructional defects directly related to the purpose of the products. It includes the repair in our workshops or the free replacement of the parts recognized as defective after expertise of the laboratory service and/or that of the suppliers.
It cannot, in any case, be sought for losses or indirect damages (such as commercial prejudice, operating loss, deprivation of power, immobilization of vehicle and/or equipment).
ARTICLE 13 – INTELLECTUAL PROPERTY
The elements reproduced on the Site, such as sound, image, photographs, videos, writings, animations, programs, graphic chart, databases are protected by the provisions of the Intellectual Property Code and belong exclusively to the Seller.
The Buyer shall refrain from infringing the intellectual property rights of the Seller and the rights of third parties relating to the products marketed. In particular, the Buyer shall not reproduce, represent, modify, adapt, translate, extract and/or reuse any part thereof.
ARTICLE 14 – PERSONAL DATA
The Buyer is hereby informed that, when browsing the Web site and placing an Order, personal data concerning the Buyer shall be collected and processed by the Vendor as the party responsible for such processing, in particular via the online form used to place the Order. This form contains an indication of the optional or mandatory nature of the fields to be filled in.
This processing is subject to a declaration to the Commission Nationale Informatique et Libertés (CNIL) in application of the law n°78-17 of January 6, 1978, modified by the law n°2004-801 of August 6, 2004.
The collection of nominative data, their use for the processing of orders, the constitution of customer files and their distribution to third parties in charge of the execution of orders is necessary to improve and personalize the services offered by the Seller. The recipients of this data are exclusively linked to the administration of the site.
They are recorded in our customer file and can give rise to the exercise of the right of access, modification, rectification or deletion with the customer service of the Seller contact@SONEC.fr.
The Buyer has the right to oppose, for legitimate reasons, that personal data concerning him are the subject of a treatment.
The Buyer is likely to receive commercial offers for products and services similar to those you have ordered.
He has the right to object, free of charge, to the use of his personal data for prospecting purposes, in particular for commercial purposes, by the Seller or by the person responsible for further processing, by sending a simple e-mail to contact@SONEC.fr.
The Buyer may at any time be informed that a copy of the personal data can be delivered to him at his request.
ARTICLE 15 – NULLITY OF THE CLAUSES
If one or more of the provisions of the T&Cs are deemed illegal or invalid, such invalidity shall not result in the invalidity of the other provisions of these Conditions, unless such provisions are inseparable.
ARTICLE 16 – FORCE MAJEURE
The responsibility of the Seller shall not be implemented if the non-performance or the delay in the performance of one of its obligations described in the present GCV results from a case of force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
ARTICLE 17 – SETTLEMENT OF DISPUTES
Any dispute relating to the interpretation and execution of these GTC is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before THE COMMERCIAL COURT OF PARIS.
Done in LYON, on 01/11/2018
SOCIÉTÉ SONEC
Security and data protection
The confidentiality and security of your personal information is a legitimate concern.
In order to provide our members with the necessary security while maintaining the usual comfort of navigation, several devices are in place today.
Protection of personal data
In accordance with the law, the site www.SONEC.com has been declared to the CNIL (Commission Nationale de l’Informatique et des Libertés).
All information provided during your visits to SONEC is strictly confidential. SONEC undertakes to respect the confidentiality of your personal data and to process them in accordance with the French Data Protection Act of 6 January 1978.
This data will be used by our internal services to process your order and to reinforce and personalise communication, particularly by means of information letters/emails, as well as in the context of personalising the Website according to your preferences.
SONEC informs you that it may communicate your data to ensure the delivery of orders by its service providers, certain aspects of after-sales service, and to conduct satisfaction surveys.
When creating or consulting your account, you can choose to receive information and commercial proposals from SONEC or its affiliated sites by sending an email.
In addition, under the Data Protection Act of January 6, 1978, you have a right of access, a right of opposition, a right of rectification and / or deletion for information about you.
You can exercise these rights by sending your request (indicating your e-mail address, surname, first name, postal address), by e-mail to the address by going to the SONEC website, in the “Contact” section by sending a request via our Contact page and specifying “I wish to cancel my SONEC account”.
Confidential Data
No password is required to access the SONEC website: no so-called confidential information is kept.
SONEC emails, links received in response to your emails, should never be forwarded to other people to avoid any risk of identity theft.
