1 – General information
The purpose of the present general conditions of sale is to govern the contractual relations between the company ATECH, whose head office is ZI de l’Appentière, 49280 Mazières en Mauges CHOLET, FRANCE and the purchaser defined as the user of the website http://www.atech-sas.com. The present general terms and conditions of sale prevail over any other document. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the user is deemed to accept them without reservation.
Any other condition of any kind whatsoever may only be binding on ATECH after written confirmation on its part. The information appearing on this website is given for information purposes only and may be modified by ATECH without notice.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
The present general terms and conditions of sale are communicated to any buyer who requests them, in order to enable him to order.
The Customer declares that he/she has read the present general terms and conditions of sale online and has accepted them by ticking the box provided for this purpose before placing the order.
2 – Content
The purpose of these general 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 from the website http://www.atech-sas.com
The buyer declares that he/she has read these general terms and conditions of sale and that he/she has accepted them before his/her immediate purchase or the placing of the order. In this respect, they are opposable to him/her.
The following information is provided to the buyer in a clear and comprehensible manner:
– the essential characteristics of the good or service
– the price of the good or service;
– all additional transport, delivery or postage costs and any other costs;
– if the contract is not to be performed immediately, the date or period within which the service provider undertakes to deliver the goods or perform the service, irrespective of the price;
– information on the identity of the service provider, its postal, telephone and electronic contact details and its activities, information on legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of guarantees and other contractual terms and conditions and the manner in which they are to be implemented.
The seller shall provide the buyer with the following information:
– 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 performance of the contract, as well as the arrangements made by the trader for dealing with complaints;
– in the case of a sale, the existence of and procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code and, where applicable, the commercial guarantee and after-sales service referred to respectively in Articles 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 case of a contract for an indefinite term.
3 – Product Information
The products governed by these general conditions are those which appear on the seller’s website. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Please inform us of any errors or omissions using the contact form.
4 – Period of validity of selling offers
The products are offered for sale on http://www.atech-sas.com while stocks last. In the event of an order for an unavailable product, the buyer will be informed directly on the site and/or by e-mail, as soon as possible.
5 – Product price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices indicated on the site http://www.atech-sas.com are expressed in euros. They are inclusive of all taxes, excluding shipping costs or tax-free for resellers. They do not take into account delivery costs, which are invoiced in addition. Delivery costs will be calculated according to the delivery address.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.
The price is payable in cash on the day of the order.
6 – Orders
The buyer places his order online, from the online catalogue and by means of the form on the site. He/she must first identify himself/herself by providing the information necessary for his/her identification, in particular his/her surname, first name, e-mail address, postal address and delivery address. Additional information may be requested later to ensure the quality and security of the delivery.
The buyer having chosen the products presented, will have the possibility to either generate a quote or to validate his order. If he/she generates a quote, he/she will be able to print it, then come back to it, modify it and/or validate it. Once it has been validated, it will act as an order.
When the order is validated, the customer will receive the order with notification of the shipping costs and the delivery date. Once confirmed, the customer will have to proceed to payment in order to receive the order (except in the case of a mandate).
The buyer will have to choose the address and the delivery method.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on 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 e-mail.
The cancellation of the order of this product and its possible refund will then be carried out, the remainder of the order remaining firm and definitive.
No unilateral cancellation will be accepted without the agreement of ATECH.
7 – Proof of transaction
The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
8 – Terms of delivery
The delivery is made to the address specified by the buyer when placing the order. The buyer must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
This will be done by courier or charter. It can only be sent once the order has been validated by the buyer and payment has been made in full. The bank payment centres that may be involved will therefore have given their prior agreement to payment. In the event of refusal by the said centres, the order shall be automatically cancelled.
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 check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…).
This verification is considered to have been carried out as soon as the buyer, or a person authorised by him/her, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within three working days of receiving the item(s) and send a copy of this letter to the seller at the address indicated in the site’s legal notices.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within three days of delivery. Any claim made after this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
The risk of transport is borne by the customer. ATECH shall not be held responsible for any loss, breakage, damage or delays.
Any return of goods requires the prior agreement of ATECH. In the absence of this prior agreement, any returned goods shall be held at the customer’s disposal at his own expense and risk, with all transport, storage and handling costs being borne by the customer. In all cases, the return of goods is at the customer’s expense, risk and peril. Any request for return must include the reason for the return, as well as a copy of the original invoice.
9 – Delivery errors
The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer’s option:
– telephone number: +33 (0)2 41 58 57 13 ;
– e-mail address: firstname.lastname@example.org
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.
In the event of a delivery error or exchange, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered post, to the following address ATECH SAS – ZI de l’Appentière – Mazières en Mauges – 49 307 Cholet – FRANCE
The return costs are at the seller’s expense.
10 – Delivery times
The delivery time is notified at the time of the order confirmation, and the buyer accepts it by validating the delivery costs.
In the event of force majeure or exceptional events delaying or prohibiting the delivery of goods, ATECH shall be released from all liability. In all cases, delivery within the deadlines may only take place if the purchaser is up to date with its obligations towards ATECH.
11 – Billing
A detailed invoice will be sent to the customer. The indication of the amount of the VAT gives the possibility to communities, companies and liberal professions to recover it.
12 – Payment method
- By bank transfer to the ATECH bank account, the details of which are available when the order is validated. The holder of the bank account must be the person placing the order (name, first name and address). Your order will be definitively validated upon receipt of your transfer for new customers and non-professionals.
The validation of the order is a mandate to pay the price of the order including all taxes, delivery cost and accessories.
13 – Warranty and after-sales service
All products sold by http://www.atech-sas.com are guaranteed against manufacturing and material defects. The duration of this guarantee is 1 year return to workshop depending on the articles (from the date shown on the invoice). Depending on the products and the date of purchase, the repair will be carried out by ATECH. In the event of the return of equipment that proves not to be defective, transport, handling and testing costs (at an hourly cost of €49.90 including VAT) may be invoiced to the customer. This warranty does not cover damage resulting from accidents, misuse or negligence.
Any return of goods requires the prior agreement of ATECH. The return of goods shall be at the customer’s expense, risk and peril. Products returned by carrier without physical protection or poorly protected shall not be covered by the warranty. It is therefore the customer’s responsibility to protect and insure the returned product(s) during transport.
It is up to the customer to keep the packaging, accessories supplied with the product as well as any labels affixed to the product or its packaging, which are necessary to benefit from the guarantee offered.
The guarantee shall not apply if the products sold have not been installed, used or maintained under normal conditions. The guarantee does not apply to normal wear and tear. Intervention by the customer or a third party automatically cancels the guarantee.
ATECH shall ensure that the guarantee is applied to any product returned as soon as possible. Furthermore, ATECH’s After-Sales Service shall choose the carrier responsible for delivering the goods back to the customer.
In the event of a request for reimbursement of an item that has been allocated free of charge or at a lower cost on the occasion of a special offer proposed to the user, it will be reimbursed in part of its commercial value and not in full.
For bulky items, reimbursement and replacement are possible after deduction of a flat-rate order processing fee of 15 euros. In all cases, any request for exchange must be made by post to the ATECH address.
14 – Withdrawal right
If the buyer is a professional purchasing within the context and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.
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 his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, which remain the responsibility of the buyer.
The products must however be returned in their original packaging and in perfect condition within 18 days of the notification to the seller of the buyer’s decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete, worn or scratched products are not accepted.
The right of withdrawal can be exercised online, using the contact form.
In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
As for any other return of goods, the buyer must first contact the ATECH company using the contact form. After agreement, the items must be returned to the following address:
Zone Industrielle de l’Appentière
49280 Mazières en Mauges CHOLET FRANCE
Tel: +33(0)2 41 58 57 13
In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed.
The buyer is responsible for the return shipping costs.
The exchange (subject to availability) or refund will be made within 15 days to 8 weeks from the date of receipt by the seller of the products returned by the buyer in accordance with the above conditions.
This withdrawal period is not applicable if the product concerned has been subject to an intervention by the customer or a third party.
The conditions of return are identical to those indicated in the previous article.
15 – Retention of title and liability
ATECH retains ownership of the goods until they have been paid for in full by the buyer. The transfer of ownership of the products to the customer takes place at the time of full payment of the price. Notwithstanding the present retention of title clause, the risks of loss, theft or deterioration of the goods shall be borne exclusively by the purchaser upon delivery of the goods. Failure by the purchaser to fulfil its payment obligations, for whatever reason, shall give ATECH the right to demand the immediate return of the goods delivered at the customer’s expense, risk and peril. The purchaser undertakes, in the event of collective procedures (safeguard, recovery, judicial liquidation) affecting its Company, to actively participate in the drawing up of an inventory of the goods in its stocks and of which ATECH claims ownership.
Failing this, ATECH shall be entitled to have the inventory recorded by a bailiff at the customer’s expense. The purchaser shall refrain from reselling, transforming or incorporating the goods delivered as from the date of the judgement pronouncing the receivership or liquidation of his Company. ATECH may prohibit the customer from reselling, processing or incorporating the goods in the event of late payment. In order to guarantee the payments not yet made and in particular the balance of the customer’s account in ATECH’s books, it is expressly stipulated that the rights relating to the goods delivered but unpaid shall be transferred to the identical goods originating from ATECH in stock at the purchaser’s premises, without it being necessary to allocate the payments to a specific sale or delivery.
For all stages of access to the site, the order process, delivery or subsequent services, ATECH is only obliged to use its best efforts. ATECH may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with case law. It is furthermore reminded that the secrecy of e-mail correspondence transmitted over the Internet is not guaranteed as it is not subject to specific protocols.
ATECH shall not be held responsible for the information disseminated and the accuracy of the data presented on the recommended sites, partner sites and any other links established from the http://www.atech-sas.com site. The brands mentioned on these sites belong to their respective owners.
16 – Data files and Individual liberties
The nominative data provided by the buyer is necessary for the processing of his/her order and for the establishment of invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her. This right can be exercised under the conditions and according to the methods defined on the website https://www.atech-sas.com.
17 – Force majeure
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
18 – Intellectual property
All elements of the http://www.atech-sas.com website, including the implementation technology, are protected by copyright, trademarks and patents. They are the exclusive property of ATECH. Any user who has a personal website and who wishes to place, for personal use, on his or her site a simple link referring directly to one of the pages of the http://www.atech-sas.com website must request prior authorisation from ATECH. The authorisation shall be in writing and shall mention the obligation for the applicant to mention his source clearly and by name.
In this case, it will not be an implicit affiliation agreement.
On the other hand, any hypertext link to the http://www.atech-sas.com website using the framing or in-line linking technique is strictly prohibited.
In this case, any link, even if tacitly authorised, must be withdrawn on simple request from the ATECH company.
19 – Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
20 – Non-waiver
The fact that one of the parties does not avail itself of 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 – Heading
In case of difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
22 – Contract language
The present general 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 be deemed authentic in the event of a dispute.
23 – Jurisdiction
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 check with the local authorities the possibilities of using the product that he/she is considering ordering. ATECH may not be held liable in the event of non-compliance with the regulations of a foreign country.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.
If they fail to do so, the parties shall submit the dispute to the court of ANGERS.