ARTICLE 1- APPLICATION AND ENFORCEABILITY
These General Terms and Conditions of Sale are the sole basis of the commercial negotiations and are brought to the attention of the Purchaser at the time of validating his/her order. Placing an order entails full and unreserved acceptance by the Purchaser of the General Terms and Conditions which prevail over conditions of purchase. Any contrary condition raised by the Purchaser will be unenforceable to RABOURDIN, regardless of when this condition may have been brought to its attention. The fact of RABOURDIN not invoking any one of these General Conditions at any given time may not be construed as a waiver of entitlement to invoke such at a later date. The products offered for sale by RABOURDIN are intended for professionals.
ARTICLE 2 - ORDERS
2.1 Orders are placed online on the website www.rabourdin.fr (Hereinafter referred to as the "Website"). The sale is deemed to have been concluded and the order to be final when the Purchaser validates their bank card details. The order is automatically cancelled if payment authorisation cannot be obtained on the secure payment site. The order will only be processed by RABOURDIN after payment has been validated.
2.2 The deadlines for processing orders are only provided for information purposes. RABOURDIN is not in any way bound by any obligation of means. RABOURDIN makes its best efforts to satisfy the needs expressed by the Purchaser. The date on which the goods are picked up by the carrier is the date on which RABOURDIN is deemed to have fulfilled its delivery obligation.
2.3 RABOURDIN is constantly striving to adapt its products to changing technology. It therefore reserves the right to make any changes it deems useful to its products. The changes do not impact either the nature of the product or its essential characteristics. Changes made between the time of order and delivery may not constitute grounds for cancelling the order.
ARTICLE 3 - PRICES
The prices are those displayed when the order is confirmed. Prices displayed in dollars, when the language selected on the Website is English, are for information purposes only. Payments are made in euros.
ARTICLE 4- DELIVERY
4.1 Terms: products are delivered carriage paid with disbursements on reception of invoices. Exceptionally, after specific agreement between RABOURDIN and the Purchaser, the products can be delivered prepaid.
4.2 Transport risks: the goods are carried at the Purchaser’s risk, with it being incumbent on the Purchaser to make any reservation required in the event of delivery delays, damage to the goods or absence of goods and this within three days of receipt, pursuant to Article L. 133-3 of the Commercial Code. The Purchaser will make any claims against the carrier in their capacity as recipient.
ARTICLE 5- GUARANTEE AND LIABILITY
5.1 Implementation conditions: any defects found by the Purchaser must be brought to the attention of RABOURDIN within ten days. The products may not be returned to RABOURDIN without RABOURDIN's specific consent. This commercial guarantee is strictly limited to parts acknowledged by RABOURDIN to be defective. RABOURDIN will then have the choice of replacing or refunding the products to the exclusion of any other compensation. The spare part will only be put into production once the defective part has been returned to RABOURDIN and acknowledged to be defective by it.
5.2 Limitations: this warranty shall not apply in case of deterioration due to normal wear and tear, the occurrence of an external event (improper assembly, usage or maintenance, changes made to the product after purchase, etc.).
5.3 Statutory guarantees: this commercial guarantee does not affect your statutory guarantees. RABOURDIN’s liability is limited and cannot exceed the amount excluding VAT paid by the Purchaser for the products supplied by RABOURDIN and concerned by the dispute.
ARTICLE 6- PAYMENT
6.1 Payment terms: for customers that do not have an account with RABOURDIN, payment is made on the Website, by bank card only. Customers with an account at RABOURDIN can pay directly on the Website, by bank card or within 30 days of the issuance of the invoice, by bank transfer or cheque, without any discount being due for early payment.
6.2 Payment delay/default: in case of payment delays, RABOURDIN will be entitled to suspend all orders in progress without prejudice to any other proceedings it may decide to take. Bills unpaid when due will be automatically and without prior notice, subject to interest on arrears at the rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, with a further lump sum indemnity being due to cover recovery costs of 40 euros per bill in arrears.
ARTICLE 7- TITLE RETENTION CLAUSE
All products are sold subject to a title retention clause specifically subjecting the transfer of ownership to full payment of the price in both principal and interest. Nevertheless, the title retention clause does not mean that risk is not transferred to the Purchaser. Until ownership is transferred to the Purchaser, the Purchaser shall ensure that the products are preserved and individually protected.
ARTICLE 8 – PERSONAL DATA (CNIL Declaration No.:2031605)
The purpose of automated processing of personal data collected is to process orders and prepare invoices. The order cannot be processed if the information requested is not provided. These data will not be transferred to a non-member state of the European Union and more generally will not be disclosed, free of charge or for consideration, to any third party. In accordance with the French personal data act, you have the right to access, rectify and, subject to statutory provisions applicable in the matter, delete data concerning you held by RABOURDIN.
ARTICLE 9- DISPUTES
French law is the only law applicable to the relations between RABOURDIN and the Purchaser. Any dispute between the parties will be referred to the Paris Tribunal de Commercial, even in cases of third party appeals or multiple respondents.