1. Information required by the French law on confidence in the digital economy, purpose of the ABEKO website and designation of parties
This site is published by ABEKO SARL, a company with capital of €15,000, registered with the Trade and Companies Registry under number 491 212 494, domiciled at ZA l’Eraudière, 11 rue Florence Arthaud, 85170 Dompierre sur Yon – France.
The site is hosted by OVH.
The publication director of this site is ABEKO.
The site is freely accessible to all Internet users. Its purpose is the sale of flexible tanks to private individuals or professionals. Subscribing to a contract governed by the present general terms and conditions with the publisher of this site implies acceptance by the Internet user of the present general terms and conditions in their entirety, who thereby acknowledges that he/she is fully aware of them. This acceptance will consist of the Internet user checking the box corresponding to the following sentence: “I have read and accepted the general terms and conditions of sale”. This act of checking the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the value of the automatic recording systems of the editor of the present site as proof and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute. Acceptance of these terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are minors.
2. How to place an order and description of the purchasing process
To place an order on the present site, customers must select their product. They will then be taken to an item sheet. In this article file, the customer selects the quantities he wishes to order, as well as the associated services and products, and inserts them in his basket. Once the customer is satisfied with his or her selection, he or she should go to the shopping basket by clicking on the appropriate button. To access this interface, the customer will be redirected to an information form. They must either fill in this form, or enter their login details if they are already a member. The information you are asked to provide is intended for invoicing purposes and to ensure proper delivery of your order. The reseller may not be held liable for providing false information that makes it impossible for the reseller to deliver orders. Once the form has been validated or the login details have been entered, the Internet user will be redirected to a summary page, where he will be reminded of the unit prices of the products, the quantity ordered and the total amount of his order. At this stage, they can delete one or more items from their basket or the quantities ordered. They can also enter a delivery address different from their billing address. The customer will then be redirected to the payment interface. Once the payment has been validated by the bank, the customer will receive an email acknowledging receipt of this payment and summarizing the details of the order, the items as well as their quantity and price. It is understood that the editor of the present site may randomly check the information provided by the Internet user when the order is placed. To this end, ABEKO reserves the right to request a copy of an identity document and proof of address. These documents may be sent to the retailer by any means, by post, e-mail or fax. This control will be notified in advance by e-mail. The delivery times indicated when the order is validated will thus begin to run from receipt of the parts by the retailer. If the parts are not received within eight days of notification, the sale will be automatically cancelled.
3. Price information
The prices indicated on the site are in Euros, exclusive of taxes, including delivery costs in mainland France, excluding islands. These prices are fixed by ABEKO and may be subject to modification and variation over time, according to market rates. It is the purchaser’s responsibility to take note of product prices when placing each order. The products and articles sold remain the property of the seller until full payment of their price, in accordance with the present retention of title clause.
4. Terms of payment
METHODS OF PAYMENT
You can place an order on this site and pay by bank cheque, bank transfer on receipt of invoice or PAYPAL transfer. In the case of payment by bank cheque and bank transfer, the delivery times defined in article 5 only begin to run from the date of actual receipt of payment by the seller, who may provide proof of this by any means.
5. Terms of delivery or availability
Orders are delivered by carrier within two weeks. If the parcel is delivered damaged or in poor condition, it is the buyer’s responsibility to refuse it so that the guarantee offered by the carrier can come into play. In the event of refusal, it is preferable to inform the seller, so that he can prepare a new shipment of the order. It is understood that in such a case, the maximum delivery time stated in these GCS will no longer apply. If the packages appear damaged or the order incomplete on delivery, the customer will also have the option of expressing reservations on the delivery note presented to him by the carrier. The reservations made by the customer will enable him to assert his rights. In the event of incomplete delivery or error in delivery, the customer must notify the retailer by any means and as soon as possible, so that it can deliver the new products and take back the erroneous or defective products, at its expense. Please note Delivery times are given for information only. Any failure to meet these deadlines shall in no way give rise to claims of any kind against the reseller. Only precise reservations on the delivery note will enable a claim to be made against the carrier appointed by ABEKO.
6. Consumer rights under the Chatel law
To contact customer service, see our contact page. Our after-sales service will reply within two working days.
6.1. RETRACTION / RETURN
In accordance with the provisions of article L.121-20 of the French Consumer Code, the customer has a period of fourteen (14) clear days to return, at his own expense, the products he has ordered for any reason whatsoever, and to cancel his order. This period runs from the day of receipt of the order at home. The delivery note dated by the customer is deemed authentic. Cancellation may be made by e-mail to the following address: abeko[@]sarl-abeko.fr. Products must be returned in their original packaging, accompanied by the delivery slip and, ideally, a letter explaining the reason for refusal. Returned products and/or accessories cannot be accepted by ABEKO once they have been installed, as this operation prevents their resale as new products.
Two (2) possibilities are offered to the customer for the return of products: 1-The return of products may be made by the carrier chosen by ABEKO. The customer is responsible for return shipping costs. The return costs, which amount to 6% of the order amount excluding taxes, for metropolitan France, will be deducted from the order refund. All risks related to the return of products are the responsibility of the customer. After receipt and verification of the products. ABEKO will reimburse the customer within 30 days of the date on which the customer’s right of withdrawal was exercised in accordance with article L.121-20-1 of the French Consumer Code, by bank cheque. Return shipping costs will be excluded from the refund. 2-Products may be returned by the customer to the following address ABEKO – ZA l’Eraudiére – 11 rue Florence Arthaud – 85170 Dompierre sur Yon. Products must be returned in their original packaging, accompanied by the delivery note and, ideally, a letter explaining the reason for the refusal. ABEKO does not accept packages with postage due. All risks related to the return of products are the responsibility of the customer. After receipt and verification of the products, ABEKO will reimburse the customer within 30 days of the date on which the customer’s right of retraction was exercised in accordance with article L.121-20-1 of the French Consumer Code, by bank cheque. If the returned products are incomplete or damaged, ABEKO reserves the right to refuse reimbursement. It is reminded that the cost of returning products is borne by the customer, except when the decision to return is the result of non-conformity or damage duly noted by ABEKO. In this case, ABEKO will exchange or reimburse the defective or non-conforming products at its own expense.
In the event of an error by the customer when placing an order (reference, quantity, dimensions, etc.), the customer must contact ABEKO by telephone to request cancellation. As validation of the order is automatic if the products are available, the customer will have no other recourse than to refuse delivery of the products ordered, by requesting immediate return from the carrier and marking the transport note “refused”. Return shipping costs are at the customer’s expense (6% of the order amount excluding taxes) for metropolitan France, and will be deducted from the order refund. All risks related to the return of products are the responsibility of the customer. After receipt and verification of the products, ABEKO will reimburse the customer within 30 days of receipt of the products in the warehouse, by bank cheque. Return shipping costs will be excluded from the refund amount in accordance with the above provisions. The customer will have to place a new order if he wishes to be delivered again.
6.2 CANCELLATION OF SALE
Any delay in delivery of more than 45 days after the date of collection (except for special orders for which a longer restocking period has been confirmed) may result in the cancellation of the sale at the customer’s initiative, upon simple written request. The consumer will then be reimbursed for the sums he/she has paid for the order. The present clause is not intended to apply if the delay in delivery is due to force majeure beyond ABEKO’s control. In such a case, the customer undertakes not to take any legal action against the site and its publisher, and waives the right to invoke the cancellation of the sale provided for in the present article. Product returns will only be accepted by ABEKO if the product is returned in perfect condition, in its original packaging and has not been used prior to return.
7. Warranty conditions
ABEKO guarantees all its customers that the products offered on the present site comply with current legislation. In view of the specific and highly technical nature of the products sold by ABEKO, the customer is required to comply strictly with the safety and reliability instructions and recommendations relating to use and assembly. ABEKO is in no way responsible for improper storage or assembly of the product(s) or for their use in abnormal conditions, and the customer alone is liable. Products are covered by ABEKO’s manufacturer’s warranty. In the event of a product defect during the warranty period, ABEKO will repair and/or replace the product(s) free of charge. The cost of returning the product to ABEKO is borne by the customer. In the event of return transport being organized by ABEKO, the customer must send a deposit cheque for the amount of the return costs prior to collection of the products. For other products, return transport will be organized by the customer at his own expense unless ABEKO advises otherwise, in which case the aforementioned deposit cheque will be requested. The deposit cheque will be cashed in the event of rejection of the manufacturer’s warranty following its assessment. In the event of a latent defect in a product, customers have the right to request an exchange or refund, on condition that they provide proof of the existence of the defect. To exercise this right, they must return the parcel to the following address: ABEKO – ZA l’Eraudière – 11 rue Florence Arthaud – 85170 Dompierre sur Yon with an explanatory letter. In the latter case only, the cost of sending the parcel will be reimbursed to the customer by cheque or bank transfer within thirty days. ABEKO will assess all returned products to determine whether or not the product was defective. ABEKO undertakes to repair or exchange any defective product reported if: the defect is found on delivery, in which case the customer must inform ABEKO within 7 working days from the date of delivery. The defect is discovered at the time of assembly, provided that this takes place no later than 7 days after the delivery date.
8. Customer area
The creation of a personal space is an essential prerequisite for any order placed by an Internet user on the present site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information. The purpose of data collection is to create a “customer account”. This account enables the customer to consult all orders placed on the site and to track their delivery. Should the data contained in the customer account section disappear as a result of a fortuitous event, technical breakdown or force majeure, the site and its publisher cannot be held liable, as this information has no probative value but is for information purposes only. Customer account pages are freely printable by the holder of the account in question, but in no way constitute proof; they are for information purposes only, to ensure efficient management of the customer’s orders. When creating a customer account, the user is invited to choose a password. This password guarantees the confidentiality of the information contained in the “my account” section, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site cannot be held responsible for unauthorized access to a user’s account. ABEKO reserves the exclusive right to delete the account of any member who has contravened the present terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided erroneous information when registering and setting up his or her personal space).
9. Fraud prevention
In order to ensure the security of transactions and to meet the demand for fraud prevention in distance selling, we carry out random checks on the placing of orders. In the event of a random check, we invite you to contact us by post at the following address: ABEKO – ZA L’Eraudière – 11 rue Florence Arthaud – 85170 Dompierre sur Yon or by e-mail to the following address: abeko[@]sarl-abeko.fr, to send proof of address and/or identity (the aim being to ensure the reality of identity and address [e.g. an EDF receipt, a telephone bill, and proof of identity]) for the perfection of the order. In the absence of such proof, or if the documents sent do not enable us to verify the identity of the person placing the order and the reality of the address, we shall be obliged to cancel the order in order to guarantee the security of online transactions.
10. Information relating to the French Data Protection Act of January 6, 1978
Internet users are free to provide personal information about themselves. Providing personal information is not essential for browsing the site. On the other hand, registration on the present site implies the collection, by ABEKO, of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information required to use the services offered by the present site and, where applicable, to create a personal space, will not be able to use the services offered by the publisher of the present site, nor place an order on the present site. In the context of an order on the present site, information relating to the collection of data relating to payment, in particular the credit card number, and its use for commercial identification purposes is subject to the consent of the person concerned, through the various forms present on the site. The data collected is necessary for the proper administration of the services offered on this site and for ABEKO to meet its contractual obligations. This data is kept by ABEKO in this sole capacity, and ABEKO undertakes not to use it for any other purpose, nor to pass it on to third parties, except with the express agreement of the users or in cases provided for by law. The contact details of all users registered on this site are stored for a period of one year, a reasonable period necessary for the proper administration of the site and normal use of the data. This data is stored under secure conditions, using current technical means, in compliance with the provisions of the French Data Protection Act of January 6, 1978. In accordance with this law, customers have the right to oppose, question, access and rectify the data they have provided. To do so, they simply need to send a request to the editor of the present site, at the following e-mail address: abeko[@]sarl-abeko.fr, or by post to the ABEKO head office address given at the top of these terms and conditions. The personal data collected is subject to computer processing and is reserved exclusively for ABEKO. The data controller is the site editor, whose contact details are given at the top of these terms and conditions. The personal data collected will not be transferred abroad. In order to enable all Internet users to optimize their browsing on the present site and to improve the operation of the various interfaces and applications, the retailer may install a cookie on the user’s computer. This cookie stores information relating to site navigation (date, page, time), as well as any data entered by users during their visit (searches, login, email, password). These cookies are intended to be stored on the user’s computer for a variable period of up to 6 months, and may be read and used by the publisher during the user’s subsequent visit to this site. In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of all Internet users. The collection of this IP address will be carried out anonymously, and will be kept for the same length of time as cookies, and will only be used to enable the proper administration of the services offered on the present site. Users have the option of blocking, modifying the retention period, or deleting this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In this case, browsing on this site will not be optimized. Should the systematic deactivation of cookies on the Internet user’s browser prevent him/her from using certain services or functionalities provided by ABEKO, this malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result. Internet users also have the option of deleting any cookies already present on their computer, by going to the appropriate menu in their browser (generally, Tools or Options / Privacy or Confidentiality). Such action has no effect on their browsing on the present site, but causes users to lose all the benefits provided by the cookie. In this case, they will have to re-enter all their personal information.
11. Exoneration of the reseller’s liability in the performance of the present contract
In the event of impossibility of access to the site, due to technical problems or of any other nature, the customer will not be entitled to claim any damages or compensation. In the event of delivery of an obviously and visibly damaged parcel, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform ABEKO without delay, so that a new parcel can be prepared and dispatched on receipt of the damaged parcel. In such a case, the delivery times indicated above in these terms and conditions will no longer apply. The photographs and visuals of the products presented on the site are not contractual in nature, and the publisher of the present site cannot be held responsible if the characteristics of the objects differ from the visuals present on the site, or if the latter are erroneous or incomplete. Hypertext links present on the present site may lead to other Internet sites, and the publisher of the present site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of the present site cannot be held liable if the user’s visit to one of these sites causes prejudice.
12. Miscellaneous clauses
These terms and conditions are governed by French law. These terms and conditions may be modified at any time by the publisher or its agent. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to the present site. ABEKO undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them. Except in the case of public order provisions, any disputes arising in connection with the execution of the present general terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public policy, any legal action relating to the performance of the present contract shall be subject to the jurisdiction of the Tribunal de Commerce de la ROCHE SUR YON (85). Should any clause of the present general terms and conditions be declared null and void by a court decision, such nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.
13. Intellectual property rights
The documents, information, texts, graphics, images, photographs or any other content disseminated on the ABEKO site belong exclusively to ABEKO and are protected by copyright and/or trademark law and/or design patent law and/or image rights. They may not be reproduced, exploited or used for any purpose whatsoever.
