General conditions of sale
PREAMBLE
The present general conditions of sale (hereinafter referred to as "Conditions") are concluded between :
On the one hand, TECPLAST, a company with a capital of 219 048 euros, registered in the Chambery Trade and Companies Register under the number B448 649 046
Address: Business Corner - 37 F Avenue des Massettes - 73190 CHALLES-LES-EAUX (hereafter called "TECPLAST"),
And on the other hand, the person or the persons, that they are private individuals or not, wishing to carry out a purchase on the Site (hereafter called respectively the < Customer > individually or the "Customers").
When TECPLAST and the Customer(s) are mentioned together, the whole shall be referred to as the "Parties".
TECPLAST sells its products (hereinafter referred to as the "Products") remotely either via the Internet network, website or electronic mail, or by telephone, or by fax, or by post.
The Products may be delivered in most European countries.
The delivery of the packages may be carried out in Metropolitan France, Corsica, Monaco and Belgium.
All the Products sold by TECPLAST are listed on the company's website.
TECPLAST does not distribute a paper catalog.
The Customer accepts that TECPLAST may not be held liable in the event of failure to comply with the following contraindications.
The purpose of the present Conditions is to define the terms of sale between TECPLAST and its Clients, from the order to the payment to the delivery, including the use of the services made available to its clients by TECPLAST. The present Conditions regulate all the stages necessary for the placing of the order and ensure the follow-up of this order by the Parties. If the present Conditions were to differ according to the quality of the Client, whether a private individual or not, these differences would be clearly mentioned.
The present Conditions govern the sale of the Products found on the Site on the day the order is placed by the Customer. They apply to all the methods of placing an order offered by TECPLAST, whether the order is placed by Internet, by e-mail, by telephone, by fax or by post.
If the present Conditions were to differ according to the method of placing the order, these differences would be clearly mentioned.
CAPACITY TO CONTRACT
As the purchase of a Product found on the TECPLAST company website is not an act of daily life management, in view of article 1124 of the Civil Code, any Customer of the TECPLAST company declares that he/she has the capacity to contract under the conditions described below, that is to be an emancipated minor or to have reached the legal age of majority and not to be protected in the sense of article 488 of the Civil Code.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the site. However, upon request of the Customer, they can also be sent by e-mail, by telephone,by fax or by post. The fact that the Customer ticks the box "I have read the General Terms of Sale and I accept them" before validating his order on the Site automatically entails his express acceptance, without restriction or reservation, of these Terms. The Customer acknowledges by this act to have read and understood the present Conditions and to accept them in their entirety.
Purchasing by e-mail, telephone, fax or post also entails acceptance of the present Conditions previously sent to the Customer by TECPLAST and received by the Customer. The Customer acknowledges having previously read, understood and accepted them in their entirety under the conditions mentioned above when the Customer confirms his order.
CHARACTERISTICS OF THE PRODUCTS
In accordance with article L 111-1 of the French Consumer Code, TECPLAST endeavors to present, as best as possible, on the technical data sheets of the Products, the essential characteristics of the latter, which the Customer must take note of. This information and characteristics are those given by its suppliers.
TECPLAST is in no way responsible for erroneous data transmitted by its suppliers.
TECPLAST reserves the right to modify the range of Products depending in particular, but not exclusively, on the constraints linked to its suppliers.
DATE OF THE ORDER
The date of the order is deemed to be the date of validation of the order by the Client, that is the date of effective payment in the case of payment by online credit card or by Paypal, which constitutes the date of conclusion of the contract.
TECPLAST specifies that the sums paid do not constitute a deposit.
PRICES
For each Product, the prices are indicated in euros and exclude shipping costs. All prices are given subject to obvious typographical errors. Any order implies full and complete acceptance of the prices of the Products that make up the order. The applicable price for each Product is the one indicated on the Site at the date of the order by the Customer. The prices take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will be reflected in the prices of the Products as of the date on which the new applicable rate comes into force.
As the prices of TECPLAST's suppliers are constantly changing, the prices displayed on the Site may be modified at any time. They may also vary for reasons of introductory prices, promotions or sales.
SHIPPING COSTS, CUSTOMS, OTHER DUTIES AND TAXES
Shipping costs are billed to the Customer on a flat rate basis, depending on the delivery location or the shipping method chosen. They are indicated to the Customer before the final registration of the order. Shipping costs may be offered free of charge on an ad hoc basis as part of TECPLAST's promotional marketing operations. The shipping costs can be consulted on the Site in the "Deliveries" section.
Orders delivered outside the European Union may be subject to customs duties and/or other taxes. The customer undertakes to pay the agreed price, as well as to pay or have paid, if necessary, directly to the forwarding agent or carrier, the customs duties and/or other taxes due on the occasion of the importation of the products in the country of the place of delivery. The customs or import taxes in force in the country of reception are not included in the delivery costs indicated and are the responsibility of the customer.
DISCOUNTS AND GIFTS
Gifts are offered according to the Product purchased. These gifts are listed on the pages of the Products in question or in the personalized offer sent to the Customer.
Discounts, promotion codes or gifts are valid within the limit of the expiry dates mentioned either on the Site or in the letter or e-mail accompanying the description of the special offer, and within the limit of available stocks.
If the Customer is entitled to gifts, he/she must ensure that these gifts are included on the order form. If this is not the case, he must contact the TECPLAST Customer Service Department. The Client may not claim any reduction or compensation in the event that he refuses the gifts offered to him, as TECPLAST will bear all the costs relating to these gifts, including the delivery costs.
In the event that a computer problem leads to a duplication of the discounts or gifts, the invoice will be blocked until the payment is regularized or the order is cancelled.
The gifts are not guaranteed, nor taken back, nor exchanged.
PLACING AN ORDER
The individual Client may place his order with TECPLAST either via the Internet network on the Site, or by e-mail, or by telephone, or by fax, or by post. When the order is placed by e-mail, by fax or by post, the placing of the order must include the information necessary for it to be processed in good conditions. In all cases, the identification of the Customer in the < Customer area > allowing the registration of his order must contain at least the following information:
The Customer must identify himself either by means of his Customer number, or by mentioning all the information usually requested for an online registration,
The Customer must clearly identify the Products selected for his order with the references indicated on the Site, references including the options of size, color, weight, volume, container, etc.
The Customer must also indicate precisely the quantities requested for his order;
The Customer must also clearly indicate the information necessary for delivery, in particular the detailed and precise address of delivery as well as any restrictions on accessibility of the place of delivery (refer to the paragraph concerning deliveries);
The Customer shall indicate the chosen method of delivery;
Finally, the Customer must also indicate the chosen method of payment.
At any time, up to the point of actual payment, the Customer may cancel or modify all or part of his order. It is the Customer's responsibility to check the details of his order before validation and payment. To finalize his order, the Customer must accept the present Conditions as defined in the chapter < Acceptance of the Conditions by the Customer >.
PRODUCT AVAILABILITY
Depending on the Products, TECPLAST works on the basis of a just-in-time stock or direct order from its suppliers. Therefore, depending on the case, the Products are available within the limits of the stocks available at TECPLAST or subject to the stocks available at its suppliers.
The availability of a Product may vary very quickly depending on sales and, for example, a product may become unavailable between the time when it is selected by the Customer and the time when the Customer validates his order. TECPLAST updates availability very frequently. More precise information can be given to the Client by telephone, e-mail or fax.
The unavailability of a Product may also be mentioned on the page of the Product concerned. Thus, the available Products may appear with the mention of a shipping time frame.
If TECPLAST cannot obtain a Product ordered from its suppliers, it will notify the Customer of the expected delay by e-mail. The latter may then choose to cancel his order, on the basis of this new information. No cancellation penalty will be applied for such an order cancellation.
TECPLAST undertakes to honor the orders received only within the limits of the available stocks of the Products that it holds or within the limits of the stocks available from its suppliers. If the Product(s) is (are) not available, TECPLAST undertakes to inform the Customer as soon as possible. The Customer may then request the cancellation of the order or the exchange of the Product(s) concerned.
ORDER CONFIRMATION
An e-mail is automatically sent to the Customer to confirm the order, provided that the e-mail address indicated in the registration form does not contain any error. TECPLAST does not send order confirmations by post or fax and does not proceed with systematic order confirmations by telephone.
ORDER CANCELLATION - STANDARD PRODUCTS
Before shipment by TECPLAST or before receipt by the Client, TECPLAST offers its Clients the possibility of cancelling their orders at any time. This possibility extends favourably the legal conditions of cancellation provided for by the law after receipt by the Client. There are several cases:
The order has not been shipped: the cancellation is then taken into account immediately by TECPLAST.
The order has already been dispatched in full or in part. TECPLAST takes into account the cancellation on the non-fresh Products that have not been dispatched, and the Customer may refuse the package that has already been dispatched on presentation.
In both of these cases, the Customer is advised to contact the TECPLAST customer service department in order to report this cancellation prior to any reshipment of non-fresh Products.
RIGHT OF WITHDRAWAL
The Customer has the possibility to cancel his order within 30 working days after reception for all the Products. To exercise this right, the Customer must return all the Products received at his own expense. The Customer must inform the sales department, which will confirm that his or her wish to cancel has been taken into account. The returned Products must be new and in their original packaging. The complete procedure is available by following the link to our Returns Policy.
EXCHANGE AND REFUND
In all other cases, the exchange or refund must be requested from the TECPLAST sales department in exchange for the return of the Product(s). The return of the refunded or exchanged Products is at the expense of the Customer, unless otherwise specifically mentioned for certain items on the Site.
These conditions must be discussed with the TECPLAST customer service department.
DAMAGE TO THE PRODUCTS
TECPLAST reserves the right to claim compensation for any damage caused to the returned Product.
INVOICE
The order form that the Customer draws up online or the order confirmation sent by e-mail to the Customer by TECPLAST shall not act as an invoice. Whatever the means of ordering and payment adopted, the Client can obtain an invoice by logging on to the Site in his < customer area > or by contacting TECPLAST's Customer Service.
DATE OF PAYMENT
In the case of a one-time payment by credit card or Paypal, the Customer's account will be debited as soon as the order is confirmed in accordance with the paragraph entitled < Order Date > in section < 4. The Order > of the present Conditions.
When Products are unavailable, TECPLAST may, at the request of the Customer, carry out a partial shipment on Products of the same nature after having informed the Customer, if necessary, of the additional shipping costs that he/she agrees to pay. However, the Client may be asked to pay additional shipping costs. When the Products are deliverable by different means listed in "Deliveries", the partial shipment will be done automatically.
LATE PAYMENTS
In case of rejection by the bank of a debit of the Customer's credit card or of another method of payment, it is up to the Customer to contact the Customer service in order to proceed to the payment of his order by any other means of payment.
TRANSFER OF OWNERSHIP
TECPLAST RETAINS FULL AND ENTIRE ownership of the Products delivered until the Customer has paid the ENTIRE PRICE IN PRINCIPAL AND ACCESSORIES.
SHIPPING TIMES
Orders placed online via the site are collected every morning from Monday to Friday. TECPLAST processes all orders placed the day before up to the time of collection. The preparation of an order may in principle take up to two working days, including in particular the processing of the order, the preparation of the Products and the packaging before the dispatch of the available Products. In the event of partial unavailability of the Products, TECPLAST may have to split the shipments. Thus, the available Products may be shipped first, with the balance of the order being shipped when the other Products are available.
The customer will be able to validate the status of the order, visible on the site under the heading "Customer Area".
TRANSPORT TIMES
The transport times depend on the carrier. TECPLAST informs the customers of the times announced by the chosen carrier. This information is provided when the customer chooses the mode of transport or the carrier at the end of the online ordering process, before the order is validated. However, TECPLAST informs its customers that the announced delivery times do not include Sundays and public holidays. The transport times can be consulted on the Site in the Deliveries section.
DELIVERY TIMES
The delivery times displayed on the product sheets are confirmed when the order is placed (refer to the paragraph "Product availability"). If it turns out that the delivery time cannot be met, a new delivery time will then be communicated to the customer, according to the data known by TECPLAST. In this case, a cancellation proposal will also be made to the client. A refund proposal will also be sent to the client with the cancellation proposal.
PACKAGING
The Products are packaged in such a way as to comply with current transport standards and to ensure optimum protection of the Products during their delivery. The Customer is asked to respect these same standards when returning a Product, whether for after-sales service or for a return for convenience.
FOLLOW-UP OF THE ORDER
The Customer can at any time consult the status of his order on the Site by consulting his account. This follow-up allows the Client to know the status of the processing of his order. TECPLAST nevertheless endeavors to make this information as clear as possible and to make the transport with its carriers as reliable as possible.
The Client may at any time contact the TECPLAST customer service department, during its opening hours, in order to be informed of the follow-up of his order.
DELIVERY SERVICES
TECPLAST provides its Clients with a carrier. These delivery methods can be consulted in greater detail on the Site in the "Delivery" section. However, TECPLAST reminds its Customers that :
The delivery address (which may be different from the invoicing address) must be accurate and mention all the details necessary for proper delivery;
For a delivery by appointment, the Client must clearly indicate a fixed and/or mobile telephone number at which he can easily be reached;
For a delivery of bulky material, it is the responsibility of the Customer to ensure the conditions of accessibility of the place, floor or room of delivery and to inform TECPLAST or the carrier of this when making the appointment.
If the delivery cannot be made for reasons of accessibility, TECPLAST cannot be held responsible.
An error in the delivery address, in the place of delivery, in the accessibility of the place, in the telephone number for making an appointment, in the absence of the Client at the fixed appointment, or any other problem leading to the need to make a new delivery may be subject to invoicing at the actual cost of the new delivery, with the payment of these additional costs alone allowing the new delivery.
DELAYS IN DELIVERY RELATED TO THE CARRIER
In the event of a delay in delivery in relation to the deadlines announced by the carriers, the Customer must contact the carrier or its distribution office in the case of the Post Office. In all cases of significant delays, the Client must contact TECPLAST in order to open a dispute or investigation file to search for the package. It happens that packages are lost by the carriers. The deadlines imposed by the carriers mean that the Client must declare the loss within 10 days of receiving the shipping notice from TECPLAST. Under these conditions, TECPLAST will make the necessary claims to the carrier concerned. In the event that the package is not found, TECPLAST will make a new delivery of the same Product, within the timeframe of availability, or will offer to reimburse the Customer.
DAMAGED PACKAGES
The Customer must check the condition of the package in front of the carrier and quickly make the necessary reservations on the delivery slip in the event of partial or total deterioration. According to article 133-3 of the French Commercial Code, in the absence of reservations made by the Customer by registered letter with acknowledgement of receipt within three days of receipt, the delivery is deemed accepted by the Customer.
If this is not the case, the Customer must, after having expressed reservations, notify TECPLAST by e-mail so that TECPLAST can take the necessary measures as quickly as possible, both from the point of view of returning the Product to its warehouses and from the point of view of a new delivery. If no notification is made, TECPLAST cannot be held responsible for a long delay in taking charge of the new delivery.
MAJOR FORCE
In the event of force majeure, TECPLAST will make every effort to inform the customer of the status of the shipment of his package, but cannot be held responsible for any delays caused.
LEGAL GUARANTEE
TECPLAST informs its Customers that they have, on all Products, the legal guarantee of conformity and hidden defects in application of the legislation in force (Appendix 1). This guarantee allows the Customer who proves the existence of a hidden defect to obtain either the reimbursement of the price against the return of the Product or the reimbursement of only part of the price without the return of the Product.
RESPONSIBILITY
TECPLAST is released from its delivery obligations in the event of force majeure.
TECPLAST declines all responsibility for the incorrect use, misuse, non-compliance with the instructions for use or non-compliance with the instructions for maintenance or servicing of the Products that the Customer has ordered.
TECPLAST declines all responsibility in the event of exceptional weather conditions (high winds, major storms, etc.)
Visitors to or Clients of the Site have the right to access, modify, rectify and delete data concerning them at any time, in application of article 34 of the "Data Protection" law of 6 January 1978. When the Customer registers or places an order, or within the framework of other specific operations, TECPLAST offers visitors or Customers the opportunity to receive its newsletter, its promotional offers, and/or to register to be informed of its "sales events". The visitor or Customer may at any time modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by e-mail. TECPLAST may also propose to its visitors or Customers to receive promotional offers from its partners.
TECPLAST reserves the right to collect data on the Customer, including through the use of cookies. For commercial purposes, TECPLAST may transmit the identity and contact details of its visitors or Customers to commercial partners. TECPLAST explicitly offers the visitor or Customer the option of opposing the disclosure of this personal data and may modify his or her choice at any time on the Site or by contacting the TECPLAST Customer Service Department.
INTELLECTUAL PROPERTY
All the elements of the Site, whether visual or audio, including the underlying technology used, are protected by copyright, trademarks or patents. They are the exclusive property of the company TECPLAST.
Any person owning an Internet site wishing to place on its site a simple link referring directly to the Site must request authorization from TECPLAST. Any authorization given by TECPLAST shall not constitute an implicit affiliation agreement and shall not be given on a permanent basis. Upon simple request from TECPLAST, this link must be withdrawn.
Any hypertext link to the Site using "framing" or "in-line linking" type techniques is formally prohibited.
COMPLETENESS OF THE CONDITIONS
A change in legislation, regulation or a court decision rendering one or more clauses of these Conditions null and void shall not affect the validity of these Conditions. Such a change or finding shall not in any way allow the Customer to disregard these Terms and Conditions. If a condition was not explicitly mentioned, it would be considered as governed by the practices in force in the sector of the remote sale whose companies have seat in France.
DURATION AND APPLICATION
The present Conditions apply to any purchase made on the Site as long as it is online. The present Conditions, which are precisely dated, may be modified at any time by TECPLAST. The applicable Conditions are those in force on the date of conclusion of the contract within the meaning of the paragraph entitled < Date of the order > within the section < The Order > of the present Conditions.
PAYMENT AND SECURITY - PAYMENT METHODS
TECPLAST makes several methods of payment available to its Clients. They can be consulted with more details in the "Payment methods" section
When paying by credit card or Paypal, the customer expressly acknowledges that the communication of his card number or Paypal information to baches-direct.com is worth authorizing the debit of his account up to the amount of the delivered products.
The customer guarantees TECPLAST that he has all the necessary authorizations to use the method of payment chosen by him.
Payment shall be made in Euros, or possibly in any other currency explicitly accepted on the Site, depending on the commercial policy of TECPLAST for purchases made from abroad.
TECPLAST specifies that the sums paid do not constitute a deposit.
The Client may pay for his order online from the Site by credit card, that is by Carte Bleue, Visa, Mastercard, as well as by any other card explicitly accepted by the Site, or by Paypal, by cheque, by bank transfer and administrative mandate. In the case of an order by e-mail, due to the lower level of security of this means of communication, TECPLAST cannot take into account payments by bank card in order to ensure the security of the payment to its Clients.
Accepted credit cards
Credit cards accepted on the online store baches-direct.com are the following:
Carte Bleue, Visa, MasterCard.
Secured payment by credit card:
For your online payments, we use the solution of the bank STRIPE. You benefit from the latest technology in terms of payment security.
When will my card be charged?
When you place your order, baches-direct.com will request authorization to debit the amount of the order from the card issuer. Once approved, baches-direct.com will hold the amount on your card until all items are available and your order has been shipped.
Why wasn't my card payment processed?
It is possible that your bank refused to authorize a charge to your card for any of the reasons listed below:
Your account may have been capped;
You may have inadvertently selected the wrong card type, number or expiration date when placing your order;
The card number may include dashes or spaces that were not recognized;
It may be a simple administrative formality initiated by the bank when the cardholder is not present to sign;
Your card may be new and has not yet been activated
If your order has not been authorized online, please confirm that you have entered your credit card information correctly and reorder. If problems persist, please contact your card issuer to inform them of your order.
If you have already received an order number but have been informed by baches-direct.com that your card has been rejected, you can request a new authorization or enter another credit card information online on our site. For its part, baches-direct.com will contact you by phone and email to advise you and help you place your order.
If these attempts prove unsuccessful, we will cancel your order and inform you by email. Once cancelled, your order cannot be reactivated.