TERMS AND CONDITIONS OF ABPROTEC (Togala KFT)
Offers of ABprotec France still not binding. These terms and conditions are deemed to be known to the buyer. Any order implies that the buyer’s acceptance of these conditions. Therefore, any contrary clause may not be invoked unless we have expressly agreed in writing.
All prices are in Euros, VAT & all taxes included (applicable rate at the time of invoicing). They are not guaranteed. We reserve the right at any time to change, informing the buyer in writing beforehand. They do not include participation in the packaging or transport costs are not included and shown on our business documents and on the website. In case of partial delivery of an order, from packing and shipping will once borne by the buyer unless there is a contract with successive performance.
The goods are delivered within 15 days of placing the order, unless out of stock of the goods.
Before the customer is bound by a contract of sale, the seller undertakes to inform the customer of the delivery time of goods he wishes to acquire.
In case of default of its obligation to deliver the goods to the deadline stipulated in the contract, the customer may, after having ordered the seller by registered letter to make delivery, solve order. In this case, the customer will be fully reimbursed by the seller within 14 days after termination of the contract
Possible delays in delivery does give the buyer any right to demand damages. Our articles are available in the stocks. Postage and packing are charged extra and under the conditions indicated in our catalog and / or other commercial documents. If out of stock items ordered, we will inform the buyer shall specify a new approximate delivery time. The buyer will in that case cancel all or part of his order if he does not accept the new deadline or the proposed substitution, and a refund of the amount already paid.
In addition, ABprotec reserves the right to cancel all or part of orders placed by customers in the event of failure of a supplier and in the case of force majeure. Customers will be informed as appropriate and will be reimbursed if they had paid to the order. Complaints about deliveries are accepted only within two weeks after receipt of order. During that period, such claims must be made in writing to Abprotec. Without this procedure, the delivery is considered as accepted.
If a complaint is justified, the customer must give Abprotec the opportunity to eliminate defects. Abprotec reserves the right to take back the goods delivered and replaced free of charge. Further claims of the purchaser due to delivery defects, particularly damages and dissolution of the contract is excluded.
Our goods travel at the risk of the purchaser, despite the retention of title clause, whatever shipping terms and even as the price would be set free. Any reservations must imperatively be made on the delivery note upon delivery of goods and must be notified to him and to ourselves as provided by law.
5. RETENTION OF TITLE
Abprotec retains full ownership of the goods delivered until full payment of the invoice price.
6. RETURNS AND REFUNDS
The buyer has a period of 14 days from the date of delivery to return the item for exchange or refund without penalty except for return shipping costs. Any item, excluding those specially prepared for the buyer can be exchanged provided it has not been worn, it is in perfect condition for resale, it is returned within 14 days after delivery, must be accompanied the delivery note and / or invoice, in its original packaging and be strictly standard. Incomplete products, damaged or soiled (product and / or packaging) by Buyer or having been subject to abnormal use other than a single test are not included.
packaging costs and shipping related to returns to the seller.
The refund application shall be considered only after receipt of the goods in our warehouse in Budapest. Reimbursement by Abprotec will be by bank transfer.
All our products meet very strict quality charter and have been tested and inspected with the utmost care. If despite all these precautions, one of them had escaped our notice, in accordance with the legal guarantee against hidden defects and the obligation of compliance, we will make every effort to exchange it, provided that the pattern is founded and accurately described by the buyer.
8. ORDER ACCEPTANCE
The purchase contract is concluded as to the extent Abprotec not refuse in writing the order of the buyer or does not bring in writing of changes of prices, unit quantities etc.
A tacit agreement of the buyer regarding control amendments Abprotec implies recognition of these changes. All orders are subject to acceptance of our company a credit facility after querying a database indicating the degree of customer solvency. When the buyer’s credit is not guaranteed or worse, we reserve the right to demand from him the full or partial satisfaction of the order before delivery.
The seller informs the customer a document that recalls the essential elements of the order, the terms and conditions of the right of withdrawal.
9. TERMS AND CONDITIONS OF PAYMENT
Payments must be made either by check to the order by bank transfer (subject to acceptance by our accounting department) or by credit card at home Abprotec without deduction of discount, expenses and any other taxes within 30 days the receipt of the order or, if applicable, the receipt of the partial delivery.
The buyer is forbidden to take a claim against the seller reason to modify or defer settlement of a maturity in whole or in part.
Non-payment of a bill or invoice when due, as well as the retention within 8 days of a draft sent to the acceptance will, at our will, make due immediately all bills or drafts established, although not yet due, and allow us to suspend all current orders and / or terminate them. This will also result in penalties at 5 times the rate of legal interest increased for recovery costs. Any invoice recovered by litigation department will be increased as a penalty clause, not reducible to an indemnity equal to 15% of the sums due, in addition to legal interest and any legal costs. A lump sum for € 40 recovery fee applies (pursuant to Decree No. 2012-1115).
No deduction or reduction is allowed in case of complaints, claims, or claims against the buyer-recognized Abprotec.
Payments must be made when secondary elements missing by mistake. Moreover, Abprotec fee summing charges for missed payments.
If you no longer wish to receive our catalogs, simply report it to our customer relationships Service MODYF Würth France, 1 rue de la Dordogne, 67150 Erstein. The information requested from you is required to process your order. Pursuant to Article 27 of the law 78-17 of 6 January 1978, you have a right to access and correct the data.
11. AMENDMENT OF ARTICLES
We reserve the right to make changes to all our articles that we consider necessary. The characteristics of the products may possibly be modified. In case of change of model or reference, the customer will be notified in writing.
CLAUSE 12. JURISDICTION
For legal disputes, of whatever nature or cause, only be competent courts of Paris, even in case of summary proceedings, appeals or multiple defendants. Acceptances, bills, principals, wearing conditions, bring neither novation or exemption from this clause. French law is applicable. Only these terms in French are authentic.
Pursuant to Article L. 121-20-12 of the Consumer Code, the customer (consumer or business under 5 employees making a purchase off work) has a 14-day withdrawal period which runs the receipt of the property by the customer. As a favor, that provision of the Code of consumption only, was extended to professional customers.
To do this, he must complete the standard form of withdrawal which will be in the package, when the decree enters into force.
The customer who exercises his right of withdrawal is committed to return the goods at the latest within 14 days of its decision to withdraw. The costs of returning goods will be borne by the buyer. The seller will refund the customer the value of goods returned later than 14 days after the recovery of property by Abprotec.
For simplicity, all customers receive the same right to withdraw without the not covered by the code of consumption customers can rely on other provisions of the latter.
14. INVOICES DEMATERIALISATION
We remind our customers that it belongs to verify the electronic signature using the cerification data contained in the electronic certificate and verify the authenticity and validity of the certificate attached to the electronic signature.
Electronic invoices and their electronic signatures should be kept in their original form and in content and when provided by law.