GENERAL CONDITIONS OF SALE
ARTICLE 1 - PURPOSE
These Terms and Conditions are intended to govern the contractual relationship between the company and its customers LOFTHITECH.COM in connection with the sale of goods offered for sale by LOFTHITECH.COM.
The term "sale" means any supply of modular construction, whatever the exact qualification of the contract.
ARTICLE 2 - SCOPE
Except express agreement between the parties, all sales are automatically subjected (and without reserve) to the present general conditions which prevail waiver of any general conditions of purchase. Unless a framework written contract between the customer and LOFTHITECH.COM, these Terms and any previously granted or traded are valid only for a particular sale.
Their possible repetition of a sale to another sale has no effect in case of creating a vested benefit the customer or any framework contract between LOFTHITECH.COM and client. LOFTHITECH.COM may at any time modify these terms without notice.
Any changes can not affect orders already accepted or executed.
ARTICLE 3 - TRAINING / MODIFICATION OF CONTRACT
Any sale is considered as accepted by LOFTHITECH.COM if a writing confirmation or executed is given. This command will be accepted special conditions.
Any order change requested by the customer cannot be considered unless it is received in writing via email to LOFTHITECH.COM, and before any commitment of expenditure on the initial order. Any change order will be notified by a written acceptance email LOFTHITECH.COM.
Each product is described on the site LOFTHITECH.COM. The photographs in the catalog or 3D images are as accurate as possible but cannot ensure a perfect similarity with the product sold, particularly with regard to color or options. Consequently, 3d images, photographs and other images of synthesis, presented support the sale cannot have any contractual value and could afford to incur liability LOFTHITECH.COM.
ARTICLE 4 - PRICE
The period of validity of offers and prices is determined by discounting the rate.
The prices of goods sold are those in effect on the day the order is placed. They are set ex works, in euros and exclusive of tax.
Consequently, they will be raised in the VAT rate and applicable shipping costs on the day of the order. Lofthitech.com the company reserves the right to change prices at any time.
The customer will be in charge of delivery costs, unless it decide to remove the products directly at the workshops of LOFTHITECH.COM .
Concerning the cost relating to product installation, the customer may choose to make himself the assembly, or opt for mounting products with LOFTHITECH.COM itself , which will be subject to additional charges (added separately) .
ARTICLE 5 - PERIOD – PAYMENT
The order of payment could be done by different possibilities:
- By secured payment on the site www.LOFTHITECH.com;
- Or, by a PayPal account;
- Or, by credit card;
- Either, by bank transfer.
When recording of the order, and when the products will be available within 60 days from the order, the buyer must pay a deposit of 60 % of the amount TTC of the invoice, the balance may be paid on the date defined for the delivery of goods.
If products are available within 40 days francs (fast manufacturing ) , the buyer will have to pay 100 % of the total VAT of the invoice , and during the recording of the order.
Unless other indication, any payment would be based on the oldest invoice.
No discount will be granted for early payment.
ARTICLE 6 - LATE PAYMENT
In case of total or partial late payment when it’s due, a late penalty equal to three times the rate of the French legal interest will be due to LOFTHITECH.COM , without prejudice to any claim for compensation for damage related audit delay.
The rate of legal interest is that the one noticed the day of delivery of goods.
This penalty is calculated on the amount of all taxes included the outstanding sum, and runs from the due date of the invoice without any prior notice being required.
ARTICLE 7 - CLAUSE OF PROPERTY RESERVE
LOFTHITECH.COM keeps the ownership of the goods sold until full payment, in principal, interest and accessories, even when granting payment period.
Any contrary clause, notably inserted in the general conditions of purchase, shall be disregarded.
As such, if the client is subject to a recovery or liquidation, LOFTHITECH.COM reserves the right to claim, as part of the bankruptcy proceedings, the goods sold and remained unpaid.
From the delivery, customers are made custodian and guardian of the goods.
In the case of non-payment and unless LOFTHITECH.COM prefers to seek full execution of the sale, LOFTHITECH.COM reserves the right to be considered the sale resolved fault after formal notice remains unsuccessful 15 days and claim the goods delivered, the return costs remaining the responsibility of the purchaser and payments being acquired LOFTHITECH.COM as a penalty clause.
ARTICLE 8 - DELIVERY – INSTALLATION – COMPLIANCE
The customer has the option to withdraw its products directly at the LOFTHITECH.COM shop, or can opt for delivery which will be performed ex works
The delivery time indicated at the time of the order is only given for guidance and is not guaranteed. Consequently, any delay in the provision of products will not lead to the benefit of the client:
- The allocation of damages;
- The allocation of penalties;
- The cancellation of the order.
Then, it is possible for the Client to obtain a full refund of his order, only if the manufacture of products exceeded 90 days from placing the order.
It is the responsibility of the customer to check the delivered goods upon delivery. In case of missing goods, damaged or apparent non-compliance, the customer must make all necessary reservations on the delivery upon receipt of the goods. These reservations must be further confirmed in writing within five business days after delivery by registered mail with return receipt. Otherwise, the client is deemed to have accepted the goods without reservations.
The customer must provide any justification as to the reality of the defects, LOFTHITECH.COM reserving the right to, directly or indirectly, to any findings and audit. The return of non- conforming goods is subject to the prior acceptance of LOFTHITECH.COM. Otherwise, the client is deemed to have accepted the goods without reservations.
In case of non-payment of a full bill at the end of the delay, after formal notice remained without effect within 48 hours, LOFTHITECH.COM reserves the right to suspend all deliveries current and / or future.
In the event that a customer makes an order LOFTHITECH.COM without having made the payment of the previous order, LOFTHITECH.COM may refuse to honor the order and deliver the goods concerned, without the customer being entitled to any compensation for any reason whatsoever.
ARTICLE 9 - SPONSORSHIP
When a historical customer LOFTHITECH.COM sponsors a new customer, he can apply for a gift under his act of sponsorship, and as follows :
- Either the sponsor will receive a shopping voucher worth 10% of the total amount excluding tax and transportation costs or installation of the invoice paid by his goddaughter with LOFTHITECH.COM. This voucher will be valid on all brand products marketed by Apple via RSI Paris French retailer (all taxes included)
- Or, the sponsor will receive a voucher for 10% of the total value excluding taxes and transportation costs or installation of the invoice paid by his goddaughter with LOFTHITECH.COM . This voucher is only valid with the LOFTHITECH.COM society.
To satisfy the sponsorship requirements, the sponsor will have to send email to LOFTHITECH.COM, at: email@example.com, ensuring the wish to sponsor a third party, and all contact details of the latter.
The shopping voucher will be delivered to the sponsor once the sale has become effective and therefore regulated by the goddaughter to LOFTHITECH.COM society.
ARTICLE 10- TRANSFER OF RISK
Except an agreed otherwise between the parties particular, the transfer of customer theft, loss, damage or destruction occurs upon delivery or if delivery to the carrier upon delivery of goods to the first carrier.
ARTICLE 11 - FORCE MAJEURE
The Responsibility of LOFTHITECH.COM cannot be implemented if the non-performance or delay in performing any of its obligations described in these terms and conditions stems from a case of “Force
Majeure”. Force majeure means any external cause, predictable or not, irresistible kind or the effects of which would significantly alter the economic balance of the sale for LOFTHITECH.COM.
Strike events , lockouts , fire, flood , riot, war , fuel shortages, energy, transport, materials, products necessary for LOFTHITECH.COM manufacturing , etc., are required for a case of strength major , even if they are only partial and whatever the cause.
ARTICLE 12 - INDUSTRIAL AND INTELLECTUAL PROPERTY
The names " LOFTHITECH.COM " and all figurative or not brands and more generally all other marks , illustrations, images and logos appearing on the goods, accessories and packaging , whether registered or not, are and remain the exclusive property of LOFTHITECH.COM .
Total or partial reproduction, modification or use of these marks, illustrations, images and logos for any reason and on any medium whatsoever, without the express prior consent of LOFTHITECH.COM is strictly prohibited. It is the same to any combination or conjunction with any other mark, symbol, and logo and more generally any distinctive sign intended to form a composite logo.
It is the same for any copyright, drawings, models and patents are the property of LOFTHITECH.COM.
All customer delivered technical papers remain the exclusive property LOFTHITECH.COM only owner of the intellectual property rights on these documents, and must be returned upon request.
The customer agrees not to make any use of these documents, which may affect industrial or intellectual property rights LOFTHITECH.COM and not disclose to any third party without the express LOFTHITECH.COM agreement.
ARTICLE 13 - GUARANTEES
By apply the provisions of the United Nations Convention of 11 April 1980; the Customer has the right to a contractual guarantee. The customer also has the option to purchase additional product warranty, and either by subscribing LOFTHITECH warranty of one (1) year or is that of a ten (10) additional years. The cost of the latter is fixed in the special conditions of sale.
ARTICLE 14 - LIMITATION OF LIABILITY
Customer may purchase additional product warranty, and endorsing the LOFTHITECH guarantee:
- Or, a period of one (1) year , the cost is 10 % of the total sum out of the ordered products ;
- Or, that of ten ( 10) additional years at a cost equal to 100 % of the total tax amount of products ordered.
From information LOFTHITECH.COM, a technician of LOFTHITECH / COM will intervene on the site , to estimate the necessary repairs , and possibly carry out the exchange of standard parts .
Technician travel costs have to be taken in charge by the Customer when it opts for the commercial guarantee with a duration of one year. It was not until receipt of full payment the technician will intervene.
ARTICLE 15 – INFORMATICS LAW AND FREEDOMS
In the case of a relationship of purchase LOFTHITECH.com is brought to collect personal character data regarding the Customer and treat including computer memory in accordance with the law "and Freedoms " of January 6, 1978 .
This data will not be disclosed to third parties. They will be used as part of the purchase relation LOFTHITECH.com society
The Customer may request, obtain a copy and if necessary rectify the data concerning him. It may, for legitimate reasons, oppose that these data are subject to treatment.
To exercise the right of objection, the Customer can send an email to the LOFTHITECH.com Company at the following email address: firstname.lastname@example.org.
ARTICLE 16 - CONTRACT LANGUAGE
By express agreement between the Parties, these are governed by and subject to French law. They are written in French. In case they are translated into one or more languages, only the French text would prevail in case of dispute.
ARTICLE 16 – AWARD OF JURIDICATION
The Hongkaise jurisdiction is competent to hear any dispute concerning the application of these terms of sale and their interpretation and execution of their sales contracts concluded by lofthitech.com, or subject to the prize payment, even if several debtors, call or warranty refers. However lofthitech.com reserves the right to assign the customer before the commercial court in the spring which the client has his residence.
ARTICLE 17 - APPLICABLE LAW
Any dispute concerning the interpretation and enforcement of these terms and conditions is subject to the United Nations Convention on the International Sale of Goods of April 11, 1980
ARTICLE 18. ENTRY INTO FORCE
These general conditions of sales are effective upon acceptance by Customer.
Contact information, signature and stamp of the customer or partner with the words "good for acceptance of the lofthitech.com terms»