It is specified beforehand that the present conditions exclusively govern the sales, by NOVELAD SAS (registered office: 10 rue Mercœur 75011 Paris, RCS PARIS B 450 885 942) of telecommunications products (smartphones, various accessories for smartphones) within a service called MCPTTSTORE.
- These general conditions of sale of NOVELAD apply to all orders, sales and deliveries of products that it markets in the sole capacity of distributor, and this through catalogs, prices, advertisements and quotes, on the Internet. or orally.
- The products marketed by NOVELAD are intended exclusively for customers acting within the framework of their professional activity (hereinafter individually referred to as "Customer").
Consequently, by placing an order with NOVELAD, the Customer declares to act within the framework of his professional activity and not to have the quality of consumer within the meaning of consumer law, this declaration being considered as decisive as the will to contract. by NOVELAD.
- Any order implies full and unreserved acceptance of these general conditions of sale, which will be the only ones applicable, to the exclusion of any other document, in particular any general conditions of purchase of the Customer.
Only written quotes are valid for the period indicated therein. Otherwise, the duration is 1 month.
Orders can be placed on the Internet, by telephone, mail or fax, on a commercial letterhead, or stamped with the customer's commercial stamp or by e-mail.
The contract is then concluded after formal acceptance by NOVELAD of the order issued by the customer. NOVELAD will return by any useful means to the customer's address an order confirmation.
The customer must check the order confirmation and notify us immediately of any errors. Otherwise, this contract will apply to said order confirmation.
Any order placed in the name or on behalf of the customer is deemed to have been carried out by himself, one of his employees, or a person authorized to make this commitment.
The prices of the Products and Service Offers, the related taxes, shipping costs and ancillary costs are indicated on the invoice issued by NOVELAD.
Unless there are specific contractual provisions, the offers and the price lists correspond to the price in force at the time of the design of the catalog and the updates of the website and do not commit us beyond that.
Orders are accepted, subject to price increases imposed on us by our own suppliers and circumstances beyond our control which would subsequently make delivery impossible or more expensive.
All our invoices are payable in cash, net and without discount, mention being made for those liable for VAT that only the tax corresponding to the price actually paid gives rise to the right to a deduction, within sixty days from the date of issue. the invoice's.
Any late payment on the due date indicated on the invoice will automatically result in the application of late payment penalties at the contractual rate of 1,80% per month of delay, as well as a lump sum indemnity for recovery costs of an amount € 40 per invoice paid late.
Upon presentation of proof, this amount may be increased if the recovery costs are greater than the amount of this fixed compensation.
Delivery times are established in good faith and are indicative. Unless otherwise stipulated in writing, a delay cannot, under any circumstances, justify the cancellation of an order or any compensation whatsoever.
In the event of a shortage of stock, delivery will then depend on the supplier's replenishment period, NOVELAD then committing to communicate a provisional delivery date.
Any missing or damaged package must be mentioned on the transport voucher before signing it. The contents of the packages must be checked and any possible reservation must be indicated to the carrier within 48 hours by letter recomsent with Acknowledgment of Receipt.
Ownership of the Products is transferred to the customer after full payment of the price. Otherwise, NOVELAD will be entitled to demand the immediate return of the Products delivered.
If the products ordered do not meet the Customer's expectations, they can be returned to NOVELAD under the following conditions:
- Any request for the return of products must be made in writing within 7 calendar days of delivery, this period being extended to 14 calendar days following delivery for professionals and companies with less than 5 employees not entering the sector. distribution of telephone and communication equipment. Upon receipt of the request, NOVELAD will provide the Customer with a return number;
- The products must be returned to NOVELAD by recomsent with acknowledgment of receipt within a maximum period of 14 calendar days after receipt by the Customer of the return number, in new condition, in their original packaging, with a copy of the invoice and the return number, clearly mentioned on the parcel. The costs and risks of transport will be borne by the Customer.
After qualitative and quantitative verification of the returned products, any return thereof accepted by NOVELAD will result in the establishment of a credit note of an amount equivalent to that initially invoiced to the Customer for the products whose return has been accepted (costs of packaging and transport excluded). The credit notes are valid for 1 year from the date of issue.
No credit will be made if (i) the returned products have been modified, personalized, altered, damaged or incomplete and / or (ii) if the products have not been returned under the conditions described in this article.
In any case, no return will be accepted on an order for products adapted to the specific needs of the Customer.
8.1 The Customer having read the technical characteristics of the products, has under his own responsibility and according to his needs as he has determined them, made his choice on the products which are the subject of his order. Thus NOVELAD does not guarantee the suitability or suitability of the products to serve the needs of the Customer or his Customer and / or for a specific or particular use for which the latter intends them.
8.2 In accordance with the legislation in force, the products benefit from the guarantee against hidden defects as defined in articles 1641 and following of the Civil Code.
8.3 In any event, NOVELAD may not be required to repair damage of an indirect nature, such as, without this list being exhaustive, a loss of turnover, profits, income, opportunities, damage to the image or the reputation, etc.
The responsibility and the application of the two conventional guarantees of NOVELAD are excluded in the following cases:
- non-compliant or illegal use of the products by the Customer;
- normal wear and tear of the products;
- deterioration of products or accidents resulting from a lack of maintenance, and in particular breakage, breakage, humidity, inadequate temperature, oxidation, liquid infiltration;
- products repaired by the Customer or by third parties not approved by NOVELAD; and
- transformation of the product or incompatibility with other materials.
Subject to the exclusions of liability described above, and in the event that NOVELAD's liability is incurred by the Customer, it is agreed that the right to compensation will be limited in any event to the amount of the price excluding tax. paid by the Customer for the product causing him damage.
NOVELAD will use, in accordance with the declared purposes (order management), the personal data communicated by the customer during orders. These data will be kept by NOVELAD for the time necessary to carry out our activities and services. The customer has, in accordance with Law n ° 78-17 of January 16, 1978 as amended and the provisions of articles 15 to 20 of the General Data Protection Regulation n ° 2016/679 of April 27, 2016, a right to access and rectification, opposition and portability of personal information concerning him. This right can be exercised with NOVELAD by sending the request by mail to the address: NOVELAD SAS, 10 rue Mercoeur 75011 Paris or by email to the address firstname.lastname@example.org
NOVELAD is prohibited, without the prior written consent of the Client, to make any reference to the existence of a relationship with the Client or to make any use whatsoever, regardless of the medium (publication, brochure, website, etc ... ) the trade names, brands and other distinctive signs of the Client.
This article will remain in force notwithstanding the expiration of this contract for any reason whatsoever.
Any dispute relating to the interpretation, execution or breach of the contract will be subject to the law français.
The parties will endeavor to settle amicably any disputes arising from the interpretation or execution of the contract. The parties will have thirty (30) days to settle their dispute amicably.
In the event of failure of the amicable settlement, any dispute relating to the validity, interpretation and execution of these general conditions will fall under the exclusive jurisdiction of the Commercial Court of Perpignan, notwithstanding plurality of parties or appeal in GUARANTEE . NOVELAD nevertheless has the right to seize any competent jurisdiction, in particular that of the registered office or that of the place of delivery of the Products.