{"id":32,"date":"2022-03-04T11:54:31","date_gmt":"2022-03-04T10:54:31","guid":{"rendered":"https:\/\/stimcareonline.com\/?page_id=32"},"modified":"2022-04-20T21:09:25","modified_gmt":"2022-04-20T19:09:25","slug":"conditions-generales-de-ventes","status":"publish","type":"page","link":"https:\/\/stimcareonline.com\/en\/conditions-generales-de-ventes\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"
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\u00a0<\/h1>

General terms and conditions<\/h1>

\u00a0<\/p><\/header>

PRIVACY POLICY<\/strong><\/p>

Effective as of 01\/24\/2020<\/strong><\/p>

These general terms and conditions of sale (\"\u00a0GTC\u00a0<\/strong>\"are applicable to all orders and deliveries of products (the \"\u00a0Products\u00a0<\/strong>(\"TORTEL INDUTRIES\") to its customers (hereinafter the \"Customer\").\u00a0Customer\u00a0<\/strong>\").<\/p>

The Customer and the Supplier are hereinafter referred to collectively as the \"Parties\" or individually as the \"Party\".<\/p>

By accepting the offer and signing or sending the order form or contract, the Customer declares and acknowledges that he is fully aware of these terms and conditions, and therefore waives the right to invoke any other document issued by him, in particular his own terms and conditions of purchase, which may not be invoked against TORTEL INDUSTRIES, even if TORTEL INDUSTRIES is aware of them.<\/p>

Any deviation from these terms and conditions of sale must be expressly accepted by TORTEL INDUSTRIES.<\/p>

1. OFFER<\/strong><\/h4>

TORTEL INDUSTRIES formulates an indicative offer indicating in particular the quantity, price, period of execution, packaging and logistical conditions.<\/p>

In the event of acceptance by the Customer, TORTEL INDUSTRIES will issue a written confirmation setting out the terms and conditions of the agreement between TORTEL INDUSTRIES and its Customer (hereinafter the \"Confirmation\").\u00a0Order Confirmation<\/strong>\u00a0\").<\/p>

This Order Confirmation constitutes an undertaking by TORTEL INDUSTRIES to deliver the Products. \u00a0<\/p>

2. PRICING CONDITIONS<\/strong><\/h4>

Prices are those determined on the date of the Order Confirmation by TORTEL INDUSTRIES, unless otherwise agreed between the Customer and TORTEL INDUSTRIES.<\/p>

Prices are exclusive of all taxes and other duties (V.A.T...) and are given for a given product, period, volume, packaging and logistical conditions.<\/p>

Any change in the VAT rate will be reflected on the date of application of the new rate.<\/p>

Prices also exclude transport, packaging, unloading, insurance, taxes, charges and intellectual property rights, unless otherwise agreed between the customer and TORTEL INDUSTRIES.<\/p>

Any services rendered by TORTEL INDUSTRIES that are not explicitly provided for in the Order Confirmation or the Contract and these General Terms and Conditions of Sale will be invoiced to the Customer in addition.<\/p>

The Customer shall be solely responsible for and shall pay all taxes, duties, fees and charges of whatever nature imposed by any governmental authority or administration whatsoever or by any other person in connection with the Products.<\/p>

3. ORDER<\/strong><\/h4>

An Order is defined as any request made by the Customer to TORTEL INDUSTRIES for a Product, which becomes final once confirmed in writing by any person having authority to do so within TORTEL INDUSTRIES, by means of an Order Confirmation (\"Order Confirmation\").\u00a0Control<\/strong>\u00a0\").<\/p>

TORTEL INDUSTRIES reserves the right to accept or refuse, in whole or in part, any request for a Product from the Customer, in particular in consideration of the volume and\/or amount of the order.<\/p>

Unless accepted in writing by TORTEL INDUSTRIES, no Order may be modified after its acceptance by TORTEL INDUSTRIES.<\/p>

TORTEL INDUSTRIES shall only be obliged to satisfy the Customer's requests within the limits of its sales forecasts, stocks and production capacities, it being understood that TORTEL INDUSTRIES may proceed by partial deliveries or provision. No compensation may be claimed by the Customer in the event of stock shortages or delivery limitations.<\/p>

4. DELIVERY<\/strong><\/h4>

Delivery is made from any external warehouse in which the Products may be located, unless otherwise agreed between the Customer and TORTEL INDUSTRIES.<\/p>

Therefore, delivery of the Products to the Customer shall be deemed to have been made when the Products are made available to the Customer by TORTEL INDUSTRIES in TORTEL INDUSTRIES' premises or any external warehouse in which the Products may be located, unloaded.<\/p>

Delivery times and dates are mutually agreed upon by TORTEL INDUSTRIES and the Customer on the Order Confirmation.<\/p>

Unless otherwise stipulated, for each delivery resulting from an Order, only one place of delivery, one legal entity invoiced, one date and one mode of transport may be recorded.<\/p>

Unless otherwise agreed between the Customer and TORTEL INDUSTRIES, for each Order, delivery is made in a single operation during daylight hours from Monday to Friday, loading and unloading being the responsibility of the recipient.<\/p>

Delivery times are indicative only, and failure to meet them shall not give rise to damages, deductions or penalties, and shall not entitle the Customer to refuse the Products.<\/p>

TORTEL INDUSTRIES reserves the right to deliver the quantities ordered per delivery and will invoice the price corresponding to the quantity delivered.<\/p>

5. RECEPTION - COMPLAINTS<\/strong><\/h4>

The Products delivered comply with the TORTEL INDUSTRIES specifications described in the technical data sheet which is made available to the Customer on request from TORTEL INDUSTRIES (the \"Technical Data Sheet\").\u00a0Technical data<\/strong>\u00a0\"TORTEL INDUSTRIES carries out a quality control of the Products in its warehouses or any external warehouse in which the Products may be located, prior to loading.<\/p>

Any other complaint concerning the nature, quality or packaging of the goods delivered must be sent to TORTEL INDUSTRIES immediately and at the latest within twenty-four (24) hours of delivery. On expiry of these time limits, the entire delivery or provision shall be deemed to have been made in accordance with the Order and shall be deemed to be in conformity in all respects.<\/p>

All claims must be duly justified by the Customer, who must immediately provide TORTEL INDUSTRIES with the means to verify the condition of the goods in question and transmit to TORTEL INDUSTRIES all elements necessary to verify the claim. The Customer must therefore refrain from intervening himself or having a third party intervene to remedy the situation before TORTEL INDUSTRIES has been able to ascertain the alleged defects.<\/p>

6. RETURN<\/strong><\/h4>

No return of goods will be accepted without the express prior agreement of TORTEL INDUSTRIES.<\/p>

The costs and risks of the return will always be borne by the Customer.<\/p>

Returned goods must be accompanied by a return slip and must be in the condition in which TORTEL INDUSTRIES delivered them.<\/p>

7.STORAGE<\/strong><\/h4>

In addition to any special instructions that may appear in a safety data sheet provided by TORTEL INDUSTRIES, goods must be stored indoors in a cool, dry place, protected from light, dust, water damage, bad weather and frost, and in sanitary conditions free from rodents or insects. Goods must not be stored in conditions that are abnormal or incompatible with their nature, or in the vicinity of other strong-smelling products such as detergents, tires or fuels.<\/p>

8. INVOICING - PAYMENT<\/strong><\/h4>

Invoices are issued and dated on the day the Products are loaded from TORTEL INDUSTRIES warehouses or from any external warehouse where the Products may be located.<\/p>

Unless otherwise agreed, invoices are payable within thirty (30) days of invoice date by bank transfer to the bank details provided by TORTEL INDUSTRIES. Payment is deemed to have been made on the date on which the funds are made available to TORTEL INDUSTRIES.<\/p>

As an exception, in the case of an initial Order Confirmation between the Customer and TORTEL INDUSTRIES, prepayment will be required prior to any delivery of goods.<\/p>

Invoices are drawn up in two original copies (paper or dematerialized if requested by the Customer), one for the Customer and one retained by TORTEL INDUSTRIES, and must include all information required by law, in particular article L.441-3 of the French Commercial Code.<\/p>

In the event of partial or total non-payment on the due date, TORTEL INDUSTRIES reserves the right to demand :<\/p>