General Terms and Conditions of Sale

1 – General Information

The purpose of these general terms and conditions of sale is to govern the contractual relationship between the company ATECH, whose registered office is located at ZI de l’Appentière, 49280 Mazières en mauges CHOLET, FRANCE, and the buyer, defined as the user of the website http://www.atech-sas.com. These general terms and conditions of sale take precedence over any other document. They constitute the sole basis of the commercial relationship between the parties, and as such, the user is deemed to accept them without reservation.

Any other condition, of any nature whatsoever, cannot bind the company ATECH except after written confirmation from it. The information on this site is provided for informational purposes only and may be modified by the company ATECH without prior notice.

If a condition of sale were to fail, it would be considered to be governed by the customs in effect in the distance selling sector of companies based in France.

These General Terms and Conditions of Sale are communicated to any buyer who requests them, in order to allow them to place an order.

The Customer declares to have read these general conditions of online sale and to have accepted them by checking the box provided for this purpose before placing an order.

 2 - Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and equipment offered by the seller to the buyer on the website http://www.atech-sas.com.

The buyer declares to have read these general conditions of sale and to have accepted them before their immediate purchase or placing the order. In this regard, they are enforceable against them.

The following information is transmitted to the buyer in a clear and understandable manner:

– the essential characteristics of the good or service; ;

– the price of the good or service; ;

– all additional transport, delivery, or postage charges and any other incidental expenses; ;

– in the absence of immediate performance of the contract, the date or deadline by which the provider undertakes to deliver the good or perform the service, regardless of its price; ;

– information regarding the identity of the service provider, its postal, telephone, and electronic contact details, and its activities; information regarding legal guarantees, the functionalities of the digital content, and, where applicable, its interoperability; the existence and terms of implementation of guarantees and other contractual conditions.

The seller communicates the following information to the buyer:

– its name or corporate name, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e-mail address; ;

– the terms of payment, delivery, and execution of the contract, as well as the terms provided by the professional for handling complaints; ;

– in case of sale, the existence and terms of exercise of the legal guarantee of conformity provided for in articles L. 217-1 and following of the Consumer Code, of the warranty against hidden defects provided for in articles  1641 and sec. of the Civil Code, as well as, where applicable, the commercial warranty and after-sales service referred to in the articles Article L. 217-15 and L. 217-17 of the Consumer Code; ;

– the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of an indefinite term contract.

3 – Product Information

Atech Sas is a French metalworking company founded in 1986. A manufacturer of urban furniture, we are developing nature in the city through green infrastructure, which means we work to contribute to making our city more sustainable. We are specialists in furniture and urban equipment. Our products are used in various applications such as public transport, energy management, waste reduction, etc.

The products governed by these terms and conditions are those listed on the seller's website. They are offered while stocks last.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's responsibility cannot be engaged.

Product photographs are not binding.

Please report any errors or omissions using the contact form.

4 – Validity period of sale offers

Products are offered for sale on http://www.atech-sas.com while supplies last. In the event of an order for an unavailable product, the buyer will be informed directly on the site and/or by email as soon as possible.

5 - Product Prices

The seller reserves the right to change its prices at any time but agrees to apply the prices in effect indicated at the time of the order, subject to availability on that date.

The prices indicated on the website http://www.atech-sas.com are expressed in euros. They include all taxes, excluding shipping costs, or are exclusive of tax for resellers. They do not include delivery charges, which will be billed separately. Shipping costs will be calculated based on the delivery address.

Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of the products on the online store. Payment of the full price must be made at the time of ordering. At no time can the amounts paid be considered as a deposit or partial payment.

If one or more taxes or duties, particularly environmental ones, were to be created or modified, whether increasing or decreasing, this change may be passed on to the selling price of the products.

The price is payable in cash on the day of the order.

6 – Commands

The buyer places their order online, from the online catalog and using the form on the website. They will first need to identify themselves, providing the necessary information for identification, including their last name, first name, email address, postal address, and delivery address. Additional information may be requested later to ensure the quality and security of the delivery.

Once the buyer has chosen the presented products, they will have the option to either generate a quote or confirm their order. If they generate a quote, they will be able to print it, then revisit it, modify it, and/or validate it. Once validated, it will serve as an order.

Upon validating the order, the customer will receive the order with notification of the shipping costs and delivery date. Thus, once confirmed, they must proceed with payment to receive their order (except in cases of mandate).

The buyer will have to choose the delivery address and method.

Any order constitutes acceptance of the prices and descriptions of products available for sale. Any dispute on this point will be handled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

In case of unavailability of an ordered product, the buyer will be informed by email.

The cancellation of the order for this product and its potential refund will then be carried out, with the rest of the order remaining firm and final.

No unilateral cancellations will be accepted without ATECH's agreement.

7 - Proof of Transaction

Computerized records, kept in the seller's computer systems under reasonable security conditions, shall be considered proof of communications, orders, and payments made between the parties. Order forms and invoices shall be archived on a reliable and durable medium that can be produced as evidence.

8 – Delivery Methods

Delivery will be made to the address specified by the buyer when placing their order. The buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, upon request, obtain an invoice sent to the billing address and not the delivery address, by selecting the option provided for this purpose on the order form.

It will be carried out by message or charter. It cannot take place until the order is validated by the buyer and full payment has been made. The banking payment centers concerned will therefore have previously given their payment approval. In case of refusal by said centers, the order will be automatically canceled.

Furthermore, ATECH reserves the right to refuse any order from a buyer with whom there is an ongoing dispute.

Delivery does not include handling.

If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and make a note of a reservation on the delivery slip (package refused because it was open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.).

This verification is considered complete once the buyer, or a person authorized by them, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail no later than three working days following receipt of the item(s) and send a copy of this letter by regular mail to the seller at the address indicated in the legal notices on the website.

If products need to be returned to the seller, a return request must be submitted to the seller within three days of delivery. Any claim made after this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

The risk of transport is borne by the customer. ATECH may not be held responsible for any loss, breakage, damage, or delays.

All returns of goods require prior authorization from ATECH. In the absence of such prior authorization, any returned merchandise will be held at the customer's disposal at their expense, risk, and peril, with all transportation, storage, and handling costs borne by the customer. In all cases, the return of goods is at the customer's expense, risk, and peril. Any return request must include the reason for the return, as well as a copy of the original invoice.

9 – Delivery Errors

The buyer must submit any claim for delivery errors and/or non-conformity of products in kind or quality, compared to the indications on the purchase order, to the seller on the day of delivery or at the latest on the first working day following delivery. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's option:

– phone number: +33 (0)2 41 58 57 13; ;

– email address: contact@atech-sas.com

Any claim not made according to the rules defined above and within the allocated timeframes will not be considered and will release the seller from all liability towards the buyer.

In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the following address: ATECH SAS – ZI de l’Appentière – Mazières en mauges – 49 307 Cholet – FRANCE

Return shipping costs are the responsibility of the seller.

10 – Delivery Time

The delivery time is notified upon order confirmation, so the buyer accepts it by validating the shipping costs.

In case of force majeure or exceptional events that delay or prevent the delivery of goods, ATECH is released from all liability. In all cases, timely delivery can only occur if the buyer is up-to-date with their obligations to ATECH.

11 – Billing

A detailed invoice will be sent to the client. Indicating the VAT amount gives local authorities, companies, and liberal professions the opportunity to reclaim it.

12 – Payment Method

•     By bank transfer to ATECH's bank account, the details of which are available at the time of order confirmation. The bank account holder must be the person placing the order (same name, first name, and address). Your order will be definitively validated upon receipt of your transfer for new customers and non-business customers.

Confirmation of the order constitutes an authorization to pay the total price of the order, including taxes, shipping, and accessories.

13 – Warranty and after-sales service

All products sold by http://www.atech-sas.com are guaranteed against manufacturing defects and material flaws. The duration of this warranty is 1 year, return to workshop, depending on the item (from the date appearing on the invoice). Depending on the product and the purchase date, ATECH will be responsible for the repair. In the event of returned equipment proving to be non-defective, the customer may be charged for transport, handling and testing fees (at an hourly rate of €49.90 including tax). This warranty does not cover damage resulting from accidents, misuse or negligence.

All merchandise returns require prior authorization from ATECH. The return of merchandise is at the customer's expense, risk, and peril. Products returned by carrier without physical protection or that are poorly protected will not be eligible for warranty. Therefore, it is the customer's responsibility to ensure that the returned product(s) are properly protected and insured during transport.

It is the customer's responsibility to keep the packaging, accessories provided with the product, and any labels affixed to the product or its packaging, which are necessary to benefit from the offered warranty.

The warranty will not apply if the products sold have not been installed, used, or maintained under normal conditions. The warranty does not apply in cases of normal wear and tear. Any intervention by the customer or a third party will automatically void the warranty.

The ATECH company will ensure that the warranty is applied to any returned product as quickly as possible. Furthermore, the ATECH company's After-Sales Service will choose the carrier responsible for delivering the goods back to the customer.

In the case of a refund request for an item that was given away for free or at a reduced price during a special offer provided to the user, it will be refunded at a portion of its commercial value, not in its entirety.

For bulky items, refunds and replacements are possible minus a flat processing fee of 15 euros. In all cases, any exchange request must be made by mail to ATECH.

14 - Right of Withdrawal

If the buyer is a professional purchasing within the scope and for the needs of their profession, the right of withdrawal provided for by the consumer code shall not apply.

If the buyer is a consumer, in accordance with the provisions of the consumer code, the buyer has a period of 14 working days from the date of delivery of their order, to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

However, products must be returned in their original packaging and in perfect condition within 18 days of the buyer notifying the seller of their decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, dirty, incomplete, worn, or scratched products will not be accepted.

The right of withdrawal can be exercised online using the contact form.

In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the intention to withdraw.

As with any other return, the buyer must first contact the company ATECH using the contact form. After approval, the items must be returned to the following address:

ATECH

Appentière Industrial Zone

49280 Mazières en Mauges CHOLET FRANCE

Tel +33(0)2 41 58 57 13

In case of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) will be refunded, and the delivery costs will be refunded.

Return shipping costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be processed within 15 days to 8 weeks from the seller's receipt of the products returned by the buyer under the conditions set forth above.

This cancellation period does not apply if the product in question has been tampered with by the customer or a third party.

The return conditions are the same as those indicated in the previous article.

15 – Retention of Title and Liability

ATECH retains ownership of the goods until they are paid for in full by the buyer. Ownership of the products transfers to the customer upon full payment of the price. Notwithstanding this reservation of ownership clause, the risks of loss, theft, or damage to the goods are borne exclusively by the buyer from the time of delivery of the Goods. Failure by the buyer to fulfill their payment obligations, for any reason whatsoever, grants ATECH the right to demand the immediate return of the delivered goods at the buyer's own expense, risk, and peril. In the event of collective proceedings (safeguard, judicial reorganization, liquidation) affecting their company, the buyer undertakes to actively participate in the establishment of an inventory of goods present in their stock for which ATECH claims ownership.

In default, ATECH has the option to have the inventory verified by a bailiff at the client's expense. The buyer is prohibited from reselling, transforming, or incorporating the delivered merchandise from the date of the judgment ordering the receivership or liquidation of the buyer's company assets. ATECH may prohibit the client from reselling, transforming, or incorporating the merchandise in case of delayed payment. To guarantee payments not yet made, and in particular the balance of the client's account in ATECH's records, it is expressly stipulated that the rights relating to delivered but unpaid merchandise shall be transferred to identical merchandise from ATECH in the buyer's stock, without it being necessary to allocate payments to a specific sale or delivery.

ATECH's obligation is one of means only for all stages of site access, order processing, delivery, or post-sales services. ATECH shall not be held liable for any inconveniences or damages inherent in the use of the internet network, including service interruptions, external intrusions, or the presence of computer viruses, or any event qualified as a force majeure, in accordance with case law. It is also recalled that the secrecy of email correspondence transmitted over the internet is not guaranteed when it is not subject to specific protocols.

ATECH cannot be held responsible for the information disseminated and the accuracy of the data presented on recommended sites, partner sites, and any other link established from the site http://www.atech-sas.com. The trademarks mentioned on these sites belong to their respective owners.

16 – Data Protection and Civil Liberties

The personal data provided by the buyer are necessary for the processing of their order and for the establishment of invoices.

They can be communicated to the seller's partners responsible for order fulfillment, processing, management, and payment.

The buyer has a permanent right of access, modification, correction, and objection with regard to information concerning them. This right may be exercised under the conditions and according to the procedures defined on the website.https://www.atech-sas.com/

17 – Force majeure

All circumstances beyond the control of the parties, preventing the normal execution of their obligations, are considered causes for exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Force majeure shall include all irresistible events or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties, and which cannot be prevented by them, despite all reasonably possible efforts. express terms shall include, in addition to those generally recognized by the jurisprudence of French courts and tribunals, the following as force majeure or acts of God: blockage of transport or supply systems, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks, or difficulties specific to telecommunication networks external to customers.

The parties shall consult to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event lasts longer than three months, these terms and conditions may be terminated by the affected party.

18 - Intellectual Property

All elements of the site http://www.atech-sas.com, including the implementation technology, are protected by copyright, trademarks, and patents. They are the exclusive property of the company ATECH. Users who have a personal website and wish to place, for personal use, a simple link on their site directly pointing to one of the pages of the site http://www.atech-sas.com, must obtain prior authorization from ATECH. The authorization will be in writing and will mention the obligation for the applicant to clearly and specifically mention their source.

This would not be an implicit affiliation agreement in this case.

However, any hypertext link using the framing or in-line linking technique leading to the site http://www.atech-sas.com is strictly prohibited.

In this case, any link, even if implicitly authorized, must be removed at the request of ATECH.

19 - Partial non-validation

If one or more provisions of these terms and conditions are held to be invalid or declared so pursuant to any law, regulation, or by a final decision of a competent court, the other provisions shall remain in full force and effect.

20 – Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

21 - Title

In case of any difficulty in interpreting the headings at the beginning of the clauses and any of the clauses, the headings shall be declared null and void.

22 - Contract Language

These terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

23 – Jurisdiction Assignment

The contractual information is presented in French, and the products offered for sale comply with French and European regulations. Where applicable, it is the responsibility of the foreign buyer to verify with local authorities the possibilities of using the product they intend to order. ATECH cannot be held liable for non-compliance with the regulations of a foreign country.

The parties agree to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Agreement.

If they fail to do so, the parties will submit the dispute to the court of ANGERS.