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General Conditions of Salefor Professionals

 

Article 1 -Comprehensiveness

 

Article 2 -Content

 

Article 3 -Order

 

Article 4 -Electronic signature

 

Article 5 -Order confirmation

 

Article 6 -Proof of transaction

 

Article 7 -Product information

 

Article 8 -Price

 

Article 9 -Method of payment

 

Article 10- Availability of products

 

Article 11- Delivery terms

 

Article 12- Errors in delivery

 

Article 13- Product warranty

 

Article 14- Right of withdrawal

 

Article 15 - Force majeure

 

Article 16 - Partial non-validation

 

Article 17- No Waiver

 

Article 18- Title

 

Article 19- Disputes

 

Article 20- Applicable Law

 

 

 

General Conditions of Salefor Consumers

 

Article 1 -Comprehensiveness

 

Article 2 -Content

 

Article 3 -Pre-contractual information

 

Article 4 -Order

 

Article 5 -Electronic signature

 

Article 6 -Order confirmation

 

Article 7 -Proof of the transaction

 

Article 8 -Product information

 

Article 9 -Price

 

Article 10- Method of payment

 

Article 11- Availability of products - Reimbursement - Resolution

 

Article 12- Delivery terms

 

Article 13- Delivery errors

 

Article 14- Transfer of risks

 

Article 15- Product warranty

 

Article 16- Right of withdrawal

 

Article 17- Force majeure

 

Article 18- Intellectual property

 

Article 19- Information and Liberties

 

Article 20- Partial non-validation

 

Article 21- Non-waiver

 

Article 22- Title

 

Article 23- Language of the contract

 

Article 24 - Mediation

 

Article 25 - Applicable law

 

 

 

 

 

GeneralConditions of Sale for Professionals

General Conditions of Sale for Professionals

 

Article 1 - Comprehensiveness

 

 

These general conditions of sale supplementfor some specific legal provisions, the version of the general conditionsapplicable to professionals outside the internet and prevail over any otherdocument, including all general conditions of purchase. They apply, withoutrestriction or reservation, to all services rendered by the seller to buyers ofthe same category. The general conditions of sale thus completed express theentirety of the obligations of the parties. They constitute the sole basis ofthe commercial relationship between the parties and, in this sense, the buyeris deemed to accept them unreservedly.

 

The seller and the buyer agree that theseterms and conditions exclusively govern their relationship. The seller reservesthe right to modify these general conditions. The new conditions will beapplicable as soon as they are posted online.

 

If a condition of sale were to be missing,it would be considered to be governed either by the general conditionsapplicable to professionals outside the Internet or to the practices in forcein the distance selling sector in France.

 

These general conditions of sale arecommunicated to any buyer who requests it, in order to allow them to place anorder.

 

The supplier reserves the right to derogatefrom certain clauses of the present agreement, according to the negotiationscarried out with the purchaser, by the establishment of particular conditionsof sale.

 

The seller may also establish categoricalgeneral conditions of sale, derogate from the general conditions of sale,depending on the type of buyer in question, according to objective criteria.The buyers meeting these criteria will then apply these categorical terms andconditions of sale.

 

 

 

Article 2 - Content

 

These general conditions are intended todefine the rights and obligations of the parties in connection with the onlinesale of goods and materials offered by the seller to the buyer.

 

These conditions apply only to purchasesmade online by buyers located in France and delivered exclusively within Frenchterritory.

 

 

Article 3 - Order

 

The buyer places their order online, fromthe online catalogue and using the form on the site.

 

For the order to be validated, the buyerwill have to accept, by clicking on these terms and conditions indicated on thesite. Its acceptance will result in the sending of a confirmation email fromthe seller, in accordance with the conditions described below.

 

The buyer will have to choose the addressand the delivery method. Payment is made by credit card, or payment throughbank account if the buyer has a professional account.

 

Any order implies acceptance of prices anddescriptions of products available for sale. Any dispute on this point willoccur in the context of a possible exchange and guarantees mentioned below.

 

In some cases, including default ofpayment, wrong address or other problem on the account of the buyer, the sellerreserves the right to block the order of the buyer until the problem is solved.

 

In case of unavailability of a productordered, the buyer will be informed by email.

 

The cancellation of the order for thisproduct and its possible refund will then be made, while the rest of the orderremain firm and final.

 

For any question relating to the follow-upof an order, the buyer can call or send an e-mail to the agency concerned. Thecoordinates and times of the agency can be found on the 'Find my agency' page,or in the 'Contact us' area on the homepage.

 

 

Article 4 - Electronic Signature

 

The online provision of the buyer's bankdetails and the final validation of the order will be proof of the purchaseagreement as to:

 

- the enforceability of the sums due underthe purchase order;

 

- the signature and express acceptation ofall the operations carried out.

 

In the event of fraudulent use of the bankdetails, the buyer is advised, as soon as he/she becomes aware of thetransaction, to contact their bank.

 

 

Article 5 - Order confirmation

 

The contractual information will beconfirmed by e-mail at the latest at the time of delivery or, failing that, tothe address indicated by the buyer within the order.

 

 

Article 6 - Proof of the transaction

 

The records are stored in computer systemsunder reasonable conditions of safety, and will be considered proof ofcommunications, orders and payments between the parties. The filing of purchaseorders and invoices is done on a reliable and durable support that can beproduced as evidence.

 

 

Article 7 - Product Information

 

The products governed by these terms andconditions are those which appear on the website of the seller and which areindicated as sold and dispatched by the seller. They are offered within thelimits of available stocks.

 

The products are described and presentedwith the greatest possible accuracy. However, if errors or omissions may haveoccurred regarding this presentation, the seller's liability cannot be invoked.

 

The photographs of the products do notconstitute contractual material.

 

 

Article 8 - Price

 

The seller reserves the right to changeprices at any time but agrees to apply the rates indicated at the time of theorder, subject to availability on that date. Prices are stated in euros. Theydo not take into account the delivery costs that are invoiced. in addition, andindicated before the validation of the order. The prices take account of theVAT applicable on the day of the order and any change of the applicable VATrate will be automatically reflected on the price of the products of the onlineshop. Payment of the full price must be made when ordering. If one or moretaxes or contributions, including environmental, were to be created ormodified, up or down, this change can be reflected in the selling price ofproducts

 

 

Article 9 - Method of payment

 

9.1 Regulation

 

It is an order with an obligation ofpayment, which means that the placing of the order involves a payment from thebuyer. Payment of the order is made by credit card of the buyer, or by paymenton account if the latter has one.

 

The seller reserves the right to suspendany order management and any delivery in case of refusal of paymentauthorization from officially accredited bodies or in case of non-payment. Theseller reserves the right to refuse to make a delivery or to honor an orderfrom a buyer who has not fully paid or a previous order or with whom a paymentdispute is in progress.

 

In the event of an online payment it isrecalled that the management of credit card payments is provided by a remotepayment provider, BNP Mercanet. The latter is certified to the PCI DSStransaction security standard which governs the profession of remote paymentproviders. When paying via credit card, the Customer's bank details areencrypted using the SSL protocol (protocol for securing exchanges on theInternet).

 

 

 

9.2 Term Payment

 

The price is payable in full and in oneinstallment within 30 days, unless negotiated otherwise between the parties.This period, will be counted within 30 days of delivery, which will bementioned on the invoice sent to the buyer.

 

 

 

9.3 Delayed payment

 

In accordance with the provisions containedin article 2 of the General Terms and Conditions of Sale, any delay in paymentshall entail the immediate payment of all sums due to the seller by the buyer,without prejudice to any other action than the the seller would be entitled tobring against the buyer

 

Any failure to pay by the Customer by thedue date will entitle the Seller, without prior notice, to (i) the payment ofinterest at EURIBOR three months rate, , plus 2% , effective on the date ofinvoice, and running from the due date (1), and (ii) the payment of a fixed compensationof 40 fixed by decree (article L.441-6 C.Com), without prejudice to any otherrights of the Seller.

 

 

Article 10 - Availability of products

 

Except in case of force majeure or duringthe closing periods clearly announced on the homepage of the site, shippingtimes will be, subject to stock availability, those indicated during thevalidation of the order.

 

Shipping times run from the date ofregistration of the order indicated in the order confirmation e-mail.

 

Delivery times may vary depending on theagency handling the products ordered and their availability.

 

In the event of delay, the responsibilityof the seller cannot be held responsible, for any reason whatsoever Therefore,no claim of any kind whatsoever can be claimed by the buyer.

 

In case of unavailability of the orderedproduct, the buyer will be informed at the earliest and will have theopportunity to cancel their order The buyer will then have the choice torequest either the refund of the sums paid within 30 days at the latest of theirpayment, or the exchange of the product.

 

 

Article 11 - Terms of delivery

 

Delivery is made only after confirmation ofpayment by the bank of the seller.

 

It is provided within a specified timeduring the validation of the order till the receipt by the seller of the orderform.

 

Any delay greater than 30 days may resultin the resolution of the sale.

 

Any installments paid till this point willthen be returned to the buyer.

 

In case of non-compliance with the terms ofpayment listed above, the seller may cancel the sale.

 

The choice of the delivery method is madeat the time of the validation of the order The modes of delivery offered dependon the agency selected for the execution of the order Some of the options thatcan be offered are:

 

- Collection of goods from the agency:

 

The buyer comes to collect their orderthrough their own means from the ArcelorMittal agency processing the order, atthe address indicated on the contact page. If the buyer has provided theirmobile number when registering, they will receive an SMS informing them of theavailability. The buyer presents themself with their order confirmation emailduring the opening hours indicated on the contact page. During the orderconfirmation, the buyer must accept the conditions of removal of the goods thatthey must respect when collecting their order.

 

 

- Delivery:

 

When placing the order, when the buyerindicates their delivery address, this option will be offered if their postalcode falls within the scope of delivery. Delivery charges are theresponsibility of the customer and calculated automatically when ordering.

 

The products are delivered to the addressspecified by the buyer on the order form. The buyer must ensure accuracy ofthis address. Any order returned to the seller because of an incorrect orincomplete delivery address will be returned at the expense of the buyer. Inaddition, the delivery address entered by the buyer must be accessible by aroad, without danger or risk to the carrier. The buyer must report anydifficulty of access, during the order confirmation, via the comment boxprovided for this purpose. ArcelorMittal reserves the right to refuse thedelivery of the Products in certain areas that are difficult to access for thecarrier (mountains, islands etc.), and declines any responsibility if anydamage occurs at the place of delivery because of difficult access orinappropriate terrain.

 

The buyer can, at their request, canrequest the sending of an invoice to the billing address and not to thedelivery address, by validating the option provided for this purpose in theorder form.

 

If at the time of delivery, the originalpackaging is damaged, torn, or opened, the buyer must then check the conditionof the items. If they are damaged, the buyer must imperatively turn down theparcel and write down a reserve on the delivery form (parcel turned downbecause it is opened or damaged).

 

The buyer must indicate on the proof ofdelivery and in the form of handwritten notes with signature, any anomalyconcerning the delivery (damage, missing product compared to the proof ofdelivery, damaged package, broken product, etc...).

 

This check is considered to have been madeas soon as the buyer, or a person authorized by them, has signed the deliverynote.

 

The buyer must then confirm thesereservations to the carrier by registered mail, no later than two working daysafter receipt of the item (s) and send a copy of this letter by e-mail to theseller at the address of the seller and the agency fulfilling their order, asindicated on the contact page.

 

If the products need to be returned to theseller, they must be the subject of a return request from the seller within 2days of delivery. Any complaint formulated outside this period cannot beaccepted . The return of the product can only be accepted for products in theiroriginal condition (packaging...).

 

 

Article 12 - Errors in delivery

 

The buyer will have to mutually decide,with the seller, the day of the delivery or at the latest the first working dayfollowing the delivery, any claim of error of delivery and/or nonconformity ofthe products in kind or in quality compared to the indications on the orderform. Any claim made after this time will be rejected.

 

The complaint may be made to the agencyconcerned, at the choice of the buyer:

 

- via telephone

 

- by email

 

Any claim not made in the rules definedabove and within the time limits can not be taken into account and will releasethe seller from any responsibility vis-à-vis the buyer.

 

Upon receipt of the complaint, the goodswill be taken back by the seller who will organize the return. Return costs areborne by the seller.

 

 

Article 13 - Guarantee of products

 

The seller warrants the buyer against anylack of conformity of the products and any hidden defects in accordance withthe provisions contained in articles 4 and 5 of the General Conditions of Saleexcluding internet.

 

 

Article 14 - Right to retract

 

As the buyer is a professional purchasingwithin the scope and for the needs of their profession, it is not necessary toapply the right of retract provided for by the Consumer Code, except specificderogatory legal cases.

 

 

Article 15 - Force majeure

 

 

In addition to the provisions contained inArticle 9 of the General Terms and Conditions of Sale, all circumstances beyondthe control of the parties, preventing the performance of their obligations,under normal conditions, are considered as grounds for exemption from theobligations of the parties and lead to their suspension.

 

The party who invokes the circumstancesreferred to above must immediately notify the other party of their occurrence,as well as their resolution.

 

All facts or circumstances that areirresistible and unpredictable will be considered as force majeure that cannotbe controlled by the will of the parties and cannot be prevented by them,despite all efforts that are reasonably possible. Expressly, cases that areregarded as case of force majeure or fortuitous cases, besides those usuallyretained by the jurisprudence of the French courts and tribunals are: theblocking of means of transport or supplies, earthquakes, fires, storms, floods,lightning, the shutting down of telecommunication networks or difficulties thatare specific to external telecommunication networks of customers.

 

The parties will come together to reviewthe impact of the event and agree on the conditions under which the contractwill be continued. If the case the force majeure condition has a durationgreater than three months, these terms and conditions may be terminated by theinjured party.

 

 

Article 16 - Partial non-validation

 

If one or more stipulations of the presentgeneral conditions are held invalid or declared as such under a law, due to aregulation or following a final decision of a competent jurisdiction, the otherstipulations will keep all their force and their scope.

 

 

Article 17 - No Waiver

 

For one of the parties not to claim abreach by the other party to any of the obligations referred to in these termsand conditions can not be interpreted as a waiver of the obligation in questionfor the future.

 

 

 

Article 18 - Title

 

In case of difficulty of interpretationbetween any of the titles appearing at the head of the clauses, and any of theclauses, the titles will be declared non-existent.

 

 

Article 19 - Disputes

 

The Seller reserves the right to bring anydispute against the Buyerbefore the Courts of the Buyer's domicile. In thecase of national sales, only national law will be applicable and disputes willbe brought exclusively before the courts of the place of establishment of theSeller.

 

 

Article 20 - Applicable law

 

These terms and conditions are subject tothe application of French law, excluding the provisions of the ViennaConvention.

 

The parties undertake to seek an amicablesolution to any dispute which could arise from the interpretation or theexecution of the Contract.

 

If they do not succeed, the parties willsubmit the dispute to the Commercial Court of Reims.

ANNEX 1 - Provisions relating to legal warranties

 

Article L217-4 The seller delivers goods inconformity with the contract and is liable for the lack of conformity existingat the time of delivery.

It also responds to any lack of conformityresulting from the packaging, the assembly instructions or the installationwhen it was the seller's responsibility as per the contract or was carried outunder its responsibility.

 

Article L217-5 The property conforms to thecontract:

1) If it is suitable for the purposeusually associated with such a product and, if applicable:

- if it corresponds to the descriptiongiven by the seller and possesses the qualities that it has presented to thebuyer in the form of a sample or a model;

- it has the qualities that a buyer canlegitimately expect given the public statements made by the seller, theproducer or their representative, including advertising or labeling;

2 Or if it has the characteristics definedby mutual agreement between the parties or is suitable for any special usesought by the buyer, made known to the seller and that the latter has accepted.

 

Article L217-12 The time of actionresulting from the lack of conformity is limited to two years from the date ofdelivery of the goods.

 

Article L217-16 When the buyer asks theseller, during the course of the commercial guarantee which has been granted tothem during the acquisition or repair of a movable property, a restorationcovered by the guarantee, any period of immobilisation of at least seven daysis added to the remaining duration of the guarantee.

This period starts from the request forintervention of the buyer or the provision for repair of the property inquestion, if this provision is subsequent to the request for intervention.

 

Article 1641 The seller is bound by theguarantee for hidden defects of the product sold, which renders it unsuitablefor the use for which it is intended, or which diminishes the use so much thatthe buyer would not have acquired it, or would have given a lower price, ifthey had been aware of this.

 

Article 1648 The action resulting from thelatent defects must be brought by the purchaser within two years from thediscovery of the defect. In the case envisaged by the article 1642-1, theaction must be brought, with prejudice to foreclosure, within one year from thedate on which the seller can be discharged from apparent defects of conformity.

 

 

 

 

APPENDIX 2 - Retraction Form

 

 

 

MODEL RETRACT FORM

(Please complete and return this form onlyif you wish to withdraw from the contract, and send it the agency fulfillingyour order by e-mail or by mail to the address indicated on the contact page).

 

I/we (*) hereby notify you (*) of my/our(*) revocation of the contract of the sale of the good (*) / for the provisionof services (*) below:

 

Ordered on (*) / received on (*):

 

Name of consumer(s):

 

Address of consumer(s):

 

Signature of consumer(s) (only if this formis notified on paper):

 

Date :

 

(*)Delete as appropriate.

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