Simplified joint-stock company, capital of 15245 €

ZI des Chanoux

25, rue Louis Ampère

93330 NEUILLY-SUR-MARNE

 Trade and companies register of BOBIGNY B 408 484 913

Intra Community VAT identification number : FR13408484913

Phone : +33 1 43 68 06 13

Fax : +33 1 43 68 66 09

E-mail : promattex@promattex.com

 

General Terms and Conditions of Sale of the products sold on e-boutique.promattex.com

 

Article 1: Object

The present conditions of sale aim to define the contractual relations between the PROMATTEX company and the buyer, as well as the conditions applicable to any purchase made through the commercial site of PROMATTEX shop.promattex-international.com

The acquisition of a good or a service through the present site implies an unconditional acceptance by the buyer of this general conditions of sale which will prevail over all other general or particular conditions not expressly approved by the PROMATTEX company.

The PROMATTEX company reserves the right to modify its general terms and conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the order by the buyer.

Article 2 - Contact us

For all requests for information and advice on our products, various questions, order tracking and others, the PROMATTEX company is available to the buyer by phone at 01 43 68 06 13 at the opening hours Monday to Thursday, 8:45 am to 12:30 pm and 1:30 pm to 5:45 pm, and Friday 9:15 am to 12:30 pm and 1:30 pm to 5:15 pm.

The buyer can also contact us by email at promattex@promattex.com, by fax at +33 1 43 68 66 09 and by mail at the following address: PROMATTEX - ZI des Chanoux - 25, rue Louis Ampère 93330 NEUILLY-SUR-MARNE.

Article 3 - Rates

The prices of the PROMATTEX company products are indicated in euros excluding taxes and, excluding processing and shipping fees that are the responsibility of the buyer.

All orders regardless of their origins are payable in euros.

The PROMATTEX company reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in effect at the time of the order validation and subject to availability.

The products remain the property of the PROMATTEX company until full payment of the price.

As soon as the buyer physically takes possession of the products ordered, the risk of loss or damage of the products is transferred to him. The buyer must ensure the proper preservation of the product.

Article 4 - Product Information

Most of the pictures, graphics, texts and data sheets are taken from the documentations produced by the manufacturers, reproduced under their control and with their agreement.

They have no contractual value and the PROMATTEX company cannot be held liable in case of errors.

The PROMATTEX company, in a concerning of improving its range, reserves the right to modify any feature of its products or to remove them without notice nor compensation.

Article 5 - Terms of Orders

The buyer must verify the accuracy of the information provided and especially its delivery address. In case of input error, the PROMATTEX company cannot be held responsible for any resulting consequences. 

All orders over 400€ excluding taxes are shipped free of charge*. For orders below this amount, a fixed participation of 14€50 excluding taxes will be claimed.

In case of remainders, they will be sent free of charge* even if the amount is less than 400€ excluding taxes.

*Free of charge shipment concerns only deliveries in metropolitan France excluding Corsica and overseas France.

Warning: Some fragile or bulky products (ceramics, aluminium plates and large MDF ...) are not subject to free of charge shipment*. These items are clearly identifiable by the words "NOT SUBJECT TO FREE OF CHARGE SHIPMENT". The same applies for large equipment and large volume consumables orders that are subject to special pricing.

For orders whose total amount excluding taxes is less than 50€, the company PROMATTEX will charge 10€ excluding taxes for management fees. These charges will be specified on your invoice with the title PACKAGEWEB.

All these ancillary costs are indicated before validation of the order by the buyer.

Article 6 - Order validation

Any confirmation of order entails the buyer's full and entire adhesion to these general terms and conditions of sale, without exception or reservation.

All data provided and the recorded confirmation will be worth proof of the transaction.

The buyer declares having perfect knowledge.

The order confirmation will be worth signing and acceptance of the operations carried out.

Article 7 - Payment / Delay / Failure to Pay

The fact of validating the order implies for the buyer the obligation to pay the price.

The payment of purchases is made by credit card thanks to the 3D Secure secured system. The accepted bank cards are CB, VISA, MASTERCARD and MAESTRO.

In case of split deliveries, the totality of the payment will be debited at the order.

In the case of late payment on a previous order, the company PROMATTEX reserves the right to refuse to ship the order.

No formal notice is required to show a late payment that is automatically due to the lack of full payment at maturity .

Any late payment makes payable a 40€ excluding taxes lump sum for recovery fees as well as late penalties calculated at the refinancing rate of the ECB (European Central Bank) plus 10 points.

The costs incurred in the recovery of the sums due, including the Ministerial Officer fees and the legal fees will be borne by the buyer.

The provisions of this title do not prejudice the right to invoke the retention of title clause.

Article 8 - Retention of title

In accordance with Article 3 of Law No. 80-335 of 12/05/1980, the PROMATTEX company retains ownership of the delivered equipments until full payment of invoices concerning these equipments. For this purpose, the remittance of the bill of exchange or the title constituting an obligation to pay does not lead to novation, the original debt remains with all the guarantees attached thereto, in particular the retention of title, until the said bill of exchange or security was actually paid. Failure by the buyer to meet any of the agreed terms, non-payment of a single bill of exchange at maturity for example, the entire balance of the debt will become immediately due. Any postponement of expiry will not prevent the retention of title clause.

Article 9 - Availability

Our products are offered as long as they are visible on the site and within the limits of available stocks.

For non-stocked products, our offers are valid subject to availability at our suppliers.

The buyer is informed when ordering the availability of products and in case of stock shortage, a restocking date if it is known.

In case of unavailability of products after placing the order by the buyer, the company PROMATTEX will inform directly by email. The buyer can then either maintain his order or cancel and request a refund.

Article 10 - Delivery

The products are delivered to the delivery address indicated by the buyer when ordering.

International deliveries are entrusted to a specialized carrier with variable deadlines depending on the country of destination.

The delivery times indicated do not take into account the order packaging time which can vary from 24 to 72 hours according to the seasonality and the type of products ordered.

In case of shipment delay, an email will be sent to the buyer to inform him.

Article 11 - Reception

The buyer must be vigilant when receiving the order and check in the presence of the driver very precisely its condition namely:

- The number of delivered packages,

- The external state of each package: pressed, soggy, torn, open, ...,

- The internal state of the goods: broken products (mugs), damaged machines, ...

In case of finding an anomaly, the buyer must immediately express very specific reservations on the Delivery Note and indicates the signatory name very clearly (for insurance).

The buyer must then confirm his reserve by registered letter with acknowledgment of receipt within 3 days from the carrier and send a copy to the PROMATTEX company.

It is recalled that the reserves in question will be taken into consideration and will not be eligible for subsequent compensation unless they are taken, detailed and reasoned. (thus mentions such as: "subject to unpacking, subject to lack, subject to number, subject to open package ......." have no legal value).

No later claims can be compensated by the insurances if they have not been specified during delivery on the Delivery Voucher.

Beware, if the buyer entrusts the receipt of the product to a third party, it receives the package in the name of the buyer and on his behalf. He must therefore ask him to be vigilant on the follow-up of the precautions of use and to remind him to bring to the thing received the same care as if it were personally addressed to him.

In case of delivery error (non-compliant product or recipient error), the buyer must keep the package in state and warn the PROMATTEX company who will give all instructions to follow.

The buyer can also remove his order directly at the PROMATTEX company head office during opening hours. 

Article 12 - Return / Retraction

The PROMATTEX company grants the buyer a right of withdrawal within 8 days. This period starts from the day after receipt of the product.

This right of withdrawal is exercised without having to justify reasons and without penalty but shipping and return costs are the responsibilities of the buyer.

Before returning the products, the buyer must first contact the PROMATTEX company who will indicate the terms to follow.

Returns are to be made in their original state and complete (packaging, accessories, instructions). In this context, the responsibility of the buyer is engaged. Any damage to the product on this occasion may be such as to do failure the right of withdrawal.

In case of exercise of the right of withdrawal, the PROMATTEX company will refund the sums paid, within 14 days of the notification of the request and through the same means of payment as used in the order.

Article 13 - Guarantee

The duration of the warranty for hidden defect, material manufacturing defect or operation is indicated on the PROMATTEX company website www.promattex.com.

All the products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned, exchanged or refunded.

The material distributed by the PROMATTEX company benefits the manufacturer guarantee who will exercise according to its conditions. For deliveries of equipment outside France, the PROMATTEX company recommends that the buyer contact it to know the specific conditions of the guarantee that may vary from one country to another.

For all claims, requests for exchange or refund, the buyer must contact the PROMATTEX company within 30 days from the date of delivery.

The guarantee cannot in any case engage the responsibility of the PROMATTEX company and give place to a claim for damages, for any reason whatsoever and in particular for a production stop or other consequences.

Replacements or repairs made necessary for any other cause are not the responsibility of the PROMATTEX company, including normal wear and tear, lack of maintenance, modification by the customer of the equipment or the use of incompatible consumables are excluded from the guarantee, and in any case will be at the full expense of the buyer.

The products must be returned, after agreement of the PROMATTEX company, in the state in which the buyer has received them and with all the elements that accompany them (accessories, packaging, instructions ...).

The provisions of this Article do not prevent the buyer from benefiting from the right of withdrawal provided for in Article 11.

Article 14 - Taxes and Exports

In case of order to a country other than metropolitan France, the buyer is the importer of the product concerned. Customs duties or other local taxes or import duties or state taxes are likely to be due.

These rights and sums are not within the purview of the PROMATTEX company. They will be the responsibility of the buyer and are his full responsibility, both in terms of declarations and payments to the competent authorities and competent bodies of the country. The PROMATTEX company advises you, beforehand, to inform you about these aspects with the local authorities.

If the buyer and the delivery address are in the European Economic Community : His / her order will be invoiced without Taxes provided to provide a valid VAT number of VAT issued by the competent tax authorities. The buyer commits to provide all the necessary information to the PROMATTEX company for the verification of this number. The buyer is solely responsible for wrongdoing or misinformation. In case of doubt, the PROMATTEX company reserves the right not to honour the order of the buyer.

If the buyer and the delivery address are outside the European Economic Community : In case of shipment by carrier or removal by the forwarder of the buyer, the order will be charged excluding taxes. If the buyer proceeds himself with the removal, his order will be invoiced all taxes included. The buyer can ask the PROMATTEX company to refund VAT on presentation of proof of export (EX1, tax refund slip, invoice stamped by customs on arrival).

Article 15 - Liability

The proposed products comply with the French legislation in effect. The responsibility of the PROMATTEX company cannot be held liable for failure to comply with the legislation of the country where the product is delivered. It is up to the buyer to check with the local authorities the possibilities of importing or using the products or services ordered.

In addition, the PROMATTEX company cannot be held responsible for damages resulting from misuse of the purchased product (example: consumables not compatible with marking and printing equipment)

The responsibility of the PROMATTEX company will in all cases be limited to the invoiced prices of the goods supplied. In any case it cannot be claimed a higher loss of profits compensation, customers compensation, late penalties, commercial disorder, costs incurred by the use of our products, accidents of people or things that may result from this use. The user remains solely responsible for the use.

Finally the responsibility of the PROMATTEX company cannot be held liable for any inconvenience or damage inherent to the use of the Internet, including a service disruption, external intrusion or the presence of computer viruses, especially on software sold by the PROMATTEX Company.

Article 16 - Applicable law in case of disputes

The language of this contract is English. These conditions of sale are subject to French law. In case of dispute, the Commercial Court of BOBIGNY will be the only competent.

Article 17 - Intellectual property

All elements of the site shop.promattex-international.com are and remain the intellectual and exclusive property of the PROMATTEX company. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site that are software, visual or sound. Any simple link or hypertext is strictly prohibited without the express written agreement of the PROMATTEX company.

Article 18 - Personal data

The PROMATTEX company reserves the right to collect personal information and personal data about the buyer. They are necessary for the management of his order, as well as the improvement of the services and information that we send him.

They can also be forwarded to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This information and data are also kept for security purposes, in order to comply with legal and regulatory requirements. 

In accordance with the law of January 6, 1978, you have a right of access, rectification and opposition to personal information and personal data about yourself, directly on the website.

Article 19 - Archiving Proof

The PROMATTEX company will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

The computerized registers of the PROMATTEX company will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Last update : August 2019