General conditions of sale

General conditions of sale

The placement of an order on the paxitech.com website constitutes unrestricted acceptance of the general conditions of sales presented here between the company PaxiTech S.A.S., whose head office is located in ECHIROLLES (38), FRANCE and who is registered at the Grenoble (38) French Trade Registry RCS, hereafter referred to as "PaxiTech" and, by all persons or legal identities who order products or services via the internet site paxitech.com hereafter referred to as “the Buyer”.

1-Object

The general conditions of sale define the contractual relationship between PaxiTech and the Buyer and the conditions that will be applied for all purchases made via the commercial website paxitech.com whether the Buyer represents a business or a direct consumer.
The purchase of goods or of services via the website paxitech.com implies the unconditional acceptance by the Buyer of the general conditions of sales herein.  These conditions of sale prevail over all other general conditions or any other particular conditions that have not been explicitly agreed upon by PaxiTech.
PaxiTech retains the right to modify the general conditions of sales at any time. In this case, the general conditions of sales that are applicable shall be those in force at the date of the order made by the Buyer on the PaxiTech website.

2- Quality and Availability

The products and services available for purchase are those that are presented on the internet site www.paxitech.com. Each product is presented with a photograph and a short technical description which are intended merely to present a general clarification of the products. PaxiTech will not take any responsibility in the case of a disagreement concerning the photographs or the descriptions.
The quality of our products complies with our technical specifications. The Buyer shall be deemed to be aware of such specifications prior to use of the product and shall be responsible for checking and testing the product. The Buyer shall be entirely liable for his judgement concerning the suitability for the use intended of the product and for any direct or consequential damage to the product resulting from its use and will not make any claim against PaxiTech based on technical advice or recommendations made by PaxiTech or seen on the paxitech.com website.
The products and services on offer are subject to availability on the date of order. In the case of receipt of an order for a product that is out of stock, PaxiTech reserves the right to modify or to postpone the order until stocks have been renewed. If delivery is delayed for more than 30 days PaxiTech commits to informing their clients as soon as possible of the unavailability either temporarily or permanently, of all or a part of their purchase order. The Buyer can request that the purchase order be cancelled and that he be refunded according to the conditions set down.

3-Prices

The prices indicated on the website are in euros. Prices are net, exclusive of all taxes and duties.
PaxiTech reserves the right to modify the prices at any time. The prices applicable to an order are the prices stipulated on the website at the date of placement of the order by the Buyer.
The prices indicated do not include transport and delivery charges. The transport and delivery charges will depend on the geographical location of the delivery address and the shipping method chosen. PaxiTech will send a price quotation including the cost of the different shipping options to the Buyer by e-mail.

4-Shipping Location

The Buyer may choose to have the order delivered either by a private transporter company or by registered parcel with the public postal service.
A quotation for the transport charges will be drawn up according to the shipping method chosen, which calls for consultation with the transporter who must comply with the customs laws and regulations of the country into which you are receiving the goods.

5-Orders

The Buyer, when making an order, must:
–Create an account making sure to fill in all the personal information requested or to give his user name and password if he already has a personal account
  • Place items in shopping basket
  • Verify and confirm final shopping basket 
  • Choose payment method
  • Confirm order and payment method
The creation of a customer account requires the creation of a password which may be modified by the Buyer at any time.  This password allows the Buyer to order online. PaxiTech cannot be held responsible for the fraudulent use of the Buyer’s username and password and reserves the right to terminate the account if the username and password are used in an unauthorised manner. Furthermore the Buyer must be an individual or legal entity, over 16 years of age and who has the legal capacity to order online.
The confirmation of the order by the Buyer constitutes  the acknowledgement that the Buyer has read and that he accepts that he is bound by the general conditions of sales set forth herein and that he renounces his own or any other sales conditions. The Buyer acknowledges that the information provided by him is complete and accurate and that he is responsible for verifying this information each time he purchases on the paxitech.com website. PaxiTech requests that the Buyer provides a valid and up-to-date e-mail address and telephone number.
The confirmation of an order is equivalent to the Buyer’s signature and thus his acceptance of the transaction.  An e-mail to confirm the reception of the order will be sent to the Buyer by PaxiTech.

6-Withdrawal from Purchase

In accordance with European and French national regulations, the Buyer is entitled to a statutory cooling-off period of seven working days of the date the product(s) was(were) delivered when he has the right to withdraw from the purchase of the product(s) and to return it(them) to PaxiTech without giving any particular reason. If the cooling-off period terminates on a Saturday, Sunday or on a public holiday this period shall be extended until the next working day.
The Buyer who wishes to withdraw from a purchase should send either an e-mail to contact@paxitech.com or a registered letter addressed to the PaxiTech before the end of the seven day period.
In the case of a withdrawal from purchase by e-mail, the withdrawal will be taken into account only after the Buyer has received an e-mail confirming the registration of the request for the cancellation of the order.
In the case where the Buyer uses his right to withdraw from purchase in the seven days after delivery of the product(s), he should return it (them) to PaxiTech in its (their) original packaging and in perfect condition so that his request for the cancellation of the order may be validated, and so as to proceed with the refund process. The Buyer will be refunded for the cost of the product(s) however; the shipping charges and return postage charges will be charged to the Buyer.
The right of withdrawal does not apply to the supply of products made to the Buyer's specifications.

7-Terms of Payment

All payments are due once the order has been placed. 
Payments may be made by check for transactions made in France or by bank transfer for international transactions. The placement of an order by the Buyer constitutes his acknowledgement that he, the Buyer, is solvent.
The Buyer sends his payment to the PaxiTech address that appears on the website. The goods will be dispatched once the payment has been received and has been validated by PaxiTech’s bank. It is the responsibility of the Buyer to ensure that there are sufficient funds in his account for the withdrawal of the sum required for payment.
A detailed invoice will be attached to the products on delivery showing:
  • total cost excluding tax
  • VAT
  • total cost including tax, where VAT can be applied

8-Delivery

Dates specified for delivery are approximate only and are based upon prompt receipt of all necessary information from the Buyer. Deliveries may be made by a private transporter company or by registered parcel with the public postal service.
Deliveries are made to the delivery address indicated on the purchase order. In the case where the personal details of the Buyer are incorrect (name, address, etc…) PaxiTech shall not be held responsible for the non-delivery of the goods. It is the Buyers responsibility that the personal details provided by him are correct and complete. In the case where the Buyer is not present at the time of delivery or the Buyer does not collect the goods within the time delay allotted by the transporter, the goods will be returned to PaxiTech and the Buyer will be refunded the cost of the goods only, the shipping charges will not be refunded to the Buyer.
If delivery is delayed for more than 30 days from the date of purchase order, the Buyer has the right to cancel the contract and to be refunded. PaxiTech shall not be held responsible for problems related to the transport of goods caused by circumstances beyond our control such as strikes in public transport, postal service strike, and bad weather conditions….etc.
The Buyer assumes all risk and liability for the products once they have left the PaxiTech premises. In the case where the products have been damaged during transport (such as: package damaged, package already opened, or products that do not correspond to purchase order…) the Buyer should address a claim directly to the transporter within 3 days of delivery.
Items that have been damaged during transport cannot be refunded if the Buyer has not lodged a complaint with the transporter. It is the Buyer’s responsibility to verify the condition of the package on reception and to refuse to accept the delivery if he wishes to contest.
 
9-Claims

In the event of a claim relating to an incomplete delivery (missing items) or incorrect delivery (items do not correspond to purchase order), the Buyer should specify in writing the details of the error observed, or of the nonconformity of the product(s), and return the product(s) to PaxiTech.
The Buyer must make his claim within 3 days of the delivery date. All complaints received after this time period shall not be accepted.
Products to be returned must be sent to PaxiTech intact and in their original packaging. Products that have been opened, or that are returned incomplete, defective, damaged or soiled shall not be taken back. PaxiTech shall refund the Buyer, or replace missing products or those that do not correspond to the purchase order but shall under no circumstances be held liable for damages or compensation beyond reimbursement or replacement.

10-Guarantee

All products supplied by PaxiTech are covered by a legal guarantee in accordance with Article 1641 of the French civil code.
In the case of the non-acceptance by the Buyer of a product, the product should be returned to PaxiTech within 30 days after the delivery date for inspection. If the purchased item is not in conformity with the contract, PaxiTech will either replace the product or refund the Buyer. 
All claims, requests for exchange of products or refund demands must be sent by post to the PaxiTech address within 30 days after delivery date.
French law foresees a specific regime for latent defects.  The guarantee on latent defects is applicable when the defect was hidden and not visible, when it rendered the product unfit for the use it was intended for and when it could not have been discovered by a reasonably thorough inspection before the sale. The Buyer has 1 month after delivery date to notify PaxiTech and must return the product to PaxiTech. After examination, PaxiTech will either replace the product or refund the Buyer.

11-Responsibility

PaxiTech will accept no liability in relation to the utilisation that will be made of the products sold.
PaxiTech is responsible for providing the services of an online store only; under no circumstances can PaxiTech be held responsible for any damages arising from the use of Internet such as the loss of information, intrusion of privacy, viruses, unavailability of service, or any other unintentional problems.

12-Intellectual Property

All contents of the PaxiTech internet site are and remain the intellectual property of PaxiTech and are exclusive to PaxiTech.
All reproduction, exploitation, re-diffusion or utilisation for whatever reason, in part or in whole, of the contents of the PaxiTech internet site, including but not limited to software, video or audio data, is forbidden.
The creation of links and hyperlinks is strictly forbidden without PaxiTech’s express written consent.

13-Storage of files - Evidence

PaxiTech will keep a copy of all purchase orders and invoices on a reliable and durable support thus constituting an exact copy in accordance with article 1348 of the French Civil Code.  The computerized data register will be considered by both parties as legal evidence of communication, orders, payments and transactions that took place between the parties.

14-Settlement of disputes

All contracts to which these General Conditions of Sale apply shall be governed by and construed in accordance with French Law. Any dispute regarding this contract is under the jurisdiction of the court of Grenoble (TRIBUNAL DE COMMERCE de GRENOBLE (38)), notwithstanding the plurality of defendants and the introduction of third parties.

15-Protection of Minors

The Buyer certifies, when confirming an order, that he is at least 16 years of age on the date of purchase order and that he has ticked the appropriate box at the time of creation of his customer account.

16-Personnel information

In accordance with the French law called "Informatique et Liberté" (Data Processing, Data files and Individual Liberties) dated 6 January 1978, personal data concerning the Buyer may be subject to automatic data processing. PaxiTech reserves the right to collect information concerning the Buyer, including the use of cookies, and, if he so wishes, to transfer the collected information to commercial partners. The Buyer should notify PaxiTech if he objects to the disclosure of his personal details. Also, in accordance with the law dated 6 January 1978, the Buyer has the right to access and to rectification of the personal data concerning him.