General terms of sale
The company GazDetect is the owner of the site GazDetect.com. Any order under a product listed via our direct contact or within the online store safetygas.com requires prior consultation of these terms and conditions. Consequently, the consumer recognizes to be perfectly informed of the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, since the customer wants to order the products presented by the company GazDetect.
Article 1: Entire agreement
The present general conditions express the entirety of the obligations of the parties. In this sense, the customer (the term "customer" applies to any buyer or co-contractor if a specific contract is established) is considered to accept without reservation the entirety of the provisions of these general conditions. No general or specific condition appearing in the documents sent or given by the customer can be integrated into the present, if these documents are incompatible with these general terms.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of goods sales or services provided appearing on the invoices.
Article 3: Contractual documents
The present contract is formed by the following contractual documents, presented in decreasing hierarchical order: the present general conditions; the purchase order. In case of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4: Entry into force - duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiration of the guarantees due by GazDetect.
Article 5: Order confirmation
Only orders in due form (on headed paper, with order number) are accepted by GazDetect.
The contractual information will be confirmed by e-mail or by mail. The sale will be concluded only after the confirmation of the order by GazDetect.
GazDetect reserves the right not to confirm an order for any reason whatsoever, in particular due to the supply of products, a problem concerning the received order, an abnormal order or a foreseeable problem concerning the delivery to be made. GazDetect will inform the customer by any means.
Any new order can intervene only after regular payment by the customer of the sums due under its previous orders.
Article 6: Informations on the products
The offers presented by GazDetect are valid only within the limits of available stocks. The photographs illustrating the products are not part of the contractual field (non contractual photos). If errors are introduced, GazDetect cannot be held responsible.
The texts joining these photographs are the reproduction of the information appearing on the packaging and/or on the instructions for use communicated by the manufacturer or the retailer of the product. In no case, they can engage the responsibility of GazDetect.
Article 7: Prices
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products. The payment of the totality of the price must be realized at the time of the order.
GazDetect reserves the right to modify its prices at any time.
Article 8: Discount
No discount will be granted in case of advance payment.
Article 9: Method of payment
To pay his order, the customer has, at his choice, all the payment methods mentioned in the order form. The customer guarantees to GazDetect that he has the necessary authorizations to use the method of payment chosen by himself, during the validation of the order form.
At the time of the registration of the order, the purchaser could be asked to pay a deposit of the total amount of the invoice determined according to the particular conditions. A prepayment of the order will be automatically requested for all new customers. Cheques, credit transfers and bills of exchange are only considered as means of payment from the date of their effective receipt.
Article 10: Penalties for late payment :
In case of total or partial default of payment of the delivered goods, the buyer must pay GazDetect late payment penalties calculated on the legal interest rate in force defined by the law (and in particular the code art L441-6 and decree of 24/06/2016).
A fixed recovery indemnity of €40 excluding tax will be applied in addition to all judicial and extra-judicial recovery costs.
This penalty is calculated on the amount of the remaining sum due, excluding taxes, and runs from the due date of the price without any prior formal notice being necessary.
Article 11: Terms and time of delivery
The goods always travel at the risk and responsibility of the recipient. The products are delivered to the address indicated by the customer on the order form. For deliveries on site, an additional insurance will be subscribed and invoiced to the customer to compensate for the risks of misplacement or loss of the material. The customer is required to check the condition of the packaging of the goods upon delivery and to report any damage due to the carrier on the delivery note, as well as to the company GazDetect, within two (2) days.
The amount of the transport costs is defined according to the packing and its amount is communicated to the customer on the acknowledgement of receipt of the order.
For international shipments, the incoterm indicated on the quotation or the order acknowledgement prevails over the rights and obligations of each party. The transport costs indicated on the acknowledgement of receipt of order do not include the potential customs taxes, the latter remaining the responsibility of the customer.
GazDetect not being the manufacturer of the goods, the company can in no case be held responsible for any delay in delivery. No penalty, nor deduction for prejudice of delay are applicable.
Article 12: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken products...) must imperatively be indicated on the delivery order in the form of "handwritten reserves", accompanied by the name and signature of the receiving customer.
The mention "subject to unpacking" does not constitute a precise reserve and has no legal value. The customer will have to confirm this anomaly by sending to the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt exposing the said complaints.
The customer shall send a copy of this letter by e-mail to the address email@example.com or by mail to our customer service department (GazDetect - ZAE - 3, rue des Fossés - 77240 VERT SAINT DENIS).
Article 13: Delivery errors
Any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form must imperatively be reported to GazDetect within two (2) working days following the delivery date.
The formulation of this claim to GazDetect can be done in priority by phone (+33 (0)1 64 09 35 16) from Monday to Friday from 9 am to 5.30 pm. Any claim not made according to the rules defined above and within the time limits cannot be taken into account and will release GazDetect from any responsibility towards the customer.
Article 14: Product warranty
In accordance with Article 4 of the decree n°78-464 of March 24, 1978, the present provisions cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of the hidden defects of the sold goods. The customer is expressly informed that GazDetect is not the manufacturer of the products offered for sale, in the sense of the law n°98-389 of May 19, 1998 and relating to the responsibility for defective products. Consequently, in the event of damage caused to a person or a good by a defect of the product, only the responsibility of the manufacturer of this one will be able to be sought by the consumer, on the basis of information appearing on the packaging of the aforementioned product. The conditions and duration of the "manufacturer's warranty" are one year unless otherwise indicated on the product sheets. The final invoice is proof of the warranty. Taking into account the frequency of renewal of the components of the technical products, GazDetect will be able, on request, to inform the consumer of the availability of the spare parts of the proposed products and of the modalities to obtain them eventually.
It is reminded that compliance with the provisions of this contract relating to the contractual guarantee assumes that the consumer uses the product in a normal way. Poor maintenance or disassembly of these products by the customer or a third party is excluded from the said guarantee.
Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the event of the exercise of the right of withdrawal, the customer has the choice of requesting either a refund of the sums paid, or the exchange of the product. In the case of an exchange, the return will be at the customer's charge.
In case of exercising the right of withdrawal, GazDetect will make every effort to refund the customer within 15 days. However, taking into account the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (cf. products to be tested beforehand).
The customer will then be refunded to his bank account (secure transaction) by bank transfer.
Article 15: Force majeure
Neither of the two parties will have failed in its contractual obligations, in the measure where their execution will be delayed, hindered or prevented by a fortuitous event or a force majeure. Will be considered as a fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, despite all the efforts reasonably possible.
The party affected by such circumstances shall notify the other within ten working days from the date on which he became aware of them. The two parties will then approach each other, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the case of force majeure lasts more than three months, the present general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of transportation or supply means, earthquakes, fires, storms, floods, lightning; the cessation of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
Article 16: Rental
Any rental of equipment must be subject to the signature of our general rental conditions provided automatically for any order.
The rental equipment remains at all times the property of GazDetect.
The deposit requested may be cashed (in part or in full) in case of loss or damage of the rented equipment.
The duration of the rental will be defined by the customer on his order form, however the rental lasts as long as the equipment (including accessories) is not returned.
At the end of the agreed rental period, the customer has 3 working days to return the equipment. After this period, GazDetect will consider that the equipment will be the object of an extension of the rental period.
GazDetect reserves the right to count and invoice any overrun of the rental period, not regularized by the customer.
The return of the equipment is at the customer's charge.
If the equipment is not returned and without any return from the customer within a period of 3 months from the date of the end of the rental period initially agreed, in case of damage or theft, the equipment will be considered as lost and invoiced.
Article 17: Applicable law and competent court
The present general conditions of sale are subjected to French law. This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the customer shall address in priority to GazDetect to obtain an amicable solution, otherwise he can resort to a mediator.
If no amicable solution is found, the dispute will be brought before the Commercial Court of Melun.
Article 18: Data processing and Freedom
The information requested from the customer is necessary for the processing of his order and may be communicated to the contractual partners of GazDetect involved in the execution of this order. The customer can write to GazDetect (GazDetect - ZAE - 3, rue des Fossés - 77240 VERT SAINT DENIS) to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of GazDetect, under the conditions provided by the law of January 6, 1978.
Article 19: Ownership reserve
GazDetect keeps the property of the sold goods until the full payment of their price in principal and interests.
In the absence of full payment, GazDetect will be entitled to demand the return of the delivered goods. The expenses which could be engaged for this restitution will be charged to the customer.