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General Conditions for Online Sales of Haulotte Group

 

 

 

Article 1 – General – Contract form

 

The general conditions for online sales below solely govern the sale of products (hereinafter referred to as the Product or Products) offered by the Haulotte Group (hereinafter the Vendor) on the “haulotte.com” and “haulotte-boutique.com” internet sites, to the exclusion of all others. The Vendor reserves the right to modify prices or remove affected items at any time. Products shall be invoiced based on the price in effect at the time at which the order is received (subject to availability of quantity, size and colour).

 

Article 2 – Payment

 

Payment shall be made online and without discount.

 

Article 3 – Availability – Order cancellation

 

The Vendor shall endeavour to fulfil all orders subject to availability of stock. Where one or more Products is unavailable after an order is received but before the relevant Products are despatched, the purchaser shall be informed by e-mail or telephone. He/she shall have the option of proceeding with the partial order or of cancelling this. The purchaser shall be given 48 working hours (not including week-ends and statutory holidays) to request the cancellation or despatch of his/her order. If no request is received from the purchaser by the time that this deadline passes, the order shall be despatched.

 

Article 4 – Delivery – Delivery costs - Timeframes

 

The Products shall be delivered, in accordance with the regulations in effect of La Poste (the Post Office) and in the destination country, to the address which the purchaser provided when placing the order. It should be noted that the purchaser shall have the possibility of designating one of the Vendor’s sites as the delivery address. For any order exceeding 7 kg, the Vendor shall agree with the purchaser to use a transport company to despatch the order. The purchaser must indicate a delivery location: home, office, or a third party, etc. Where no one is available at the address given by the purchaser to accept delivery, a delivery advice shall normally be left in the letter box: it shall then be possible to collect the parcel from the relevant post office within 10 days of delivery of this advice. The delivery timeframe shall be an average timeframe corresponding to the timeframe for handling and delivery, which shall be calculated based on the receipt date of the Products by the supplier. Timeframes may also vary according to the destination and do not include statutory holidays as well as weekends. The delivery date shall be taken to mean the date on which the Product is made available at the delivery location designated by the purchaser. The cost and risk of transporting the Product shall be borne by the purchaser. Where any error or damage is noticed on the Product when it is received, the purchaser must indicate his/her objections on the postal service parcel acceptance form. Where the purchaser has not taken delivery of the ordered Product eight days after receipt of its availability advice, the Vendor reserves the right to dispose of the Product at the cost of the purchaser and to report the completion of the order at a later date, all of which shall entail no indemnity being payable by the Vendor. If the delivered Products do not conform in type or quality to the specifications of the order, the purchaser must, under risk of forfeit, place a claim with the Vendor within seven days of delivery.

 

Article 5 –Returns

 

In accordance with the regulations in article L121.20 of the Consumer Code, the purchaser shall be given a return period of 7 days from receipt of the Products. As a condition for any return, the purchaser must give notice of his/her intention by registered post, enclosing proof of receipt. Any return shall be at the cost of the purchaser to the following address unless otherwise specified:

HAULOTTE GROUP Service Boutique / retour marchandise

Quartier Serve Bourdon

42420 LORETTE France

 

The purchaser shall be refunded within 30 days of receipt of the goods by the Vendor, following the exercise of the right of return. If the right of return is exercised between the date of departure of the Products from the Vendor’s warehouse and that of delivery of the goods to the purchaser, the purchaser shall still be liable for the costs of return. The return facility shall not apply if the delivered Products have clearly seen continued use (beyond a few minutes). The Products must be returned correctly protected, in their original packaging, in perfect state for resale (with no damage, harm, or spoilage by the purchaser) together with any accessories, user instructions and documentation to the address given above, with the original sales invoice, a copy of which should be kept by the purchaser. No parcel shall be accepted where no enclosure allows identification of the sender (order no., name, first name, address). Costs and risks relating to the return of the Product shall be borne by the purchaser. The return of a Product shall entitle the sender to reimbursement to the purchase price of the purchased Product(s). The reimbursement shall therefore not include the cost of returning the Products. The Vendor shall effect reimbursement in Euros by cheque to a maximum of the actual amount paid by the purchaser, in order to accelerate the processing of refunds. No return despatch shall be accepted against reimbursement for whatever reason.

 

Article 6 – Guarantee

 

Where a Product does not conform to information given when the Products were offered on the site, this shall be replaced or refunded depending on the availability of similar Products and the request of the purchaser. The refund or delivery of new Products shall be performed within 30 days of receipt by the Vendor of the goods which are non-conformant or which contain hidden flaws. Following any such request, the Vendor shall effect reimbursement in Euros by cheque to a maximum of the actual amount paid by the purchaser, in order to accelerate the processing of refunds. In such situations, the cost of return shall be borne by the Vendor. Proof of transport costs must be enclosed with the package (The Vendor shall refund packages sent via Colissimo Suivi (registered parcel post), but shall not bear the cost of returns via transport firm); where this is absent, no refund may be requested by the purchaser.

 

Article 7 – Intellectual Property

 

Both Parties expressly agree that subject to this agreement, no intellectual property right is ceded in any way whatsoever to the purchaser, specifically in regard to the use of the name, brand and logo of the Vendor or of any third party represented on the Products sold online.

 

Article 8 – Liability – Litigation – Applicable rights

 

Reproduced photographs and texts illustrating the offered Products are not contractually binding. As a consequence, the Vendor shall not be liable for any error in the photographs or texts. The Vendor shall not be held liable for any damages, material, immaterial or physical, which may result from the malfunction or wrongful use of the advertised Products. This shall also apply to any modification of the Products by the suppliers. The liability of the Vendor shall regardless of the reason be limited to the sum of the order and the Vendor may not be blamed for simple errors or omissions which may remain despite all precautions taken while offering the Products. The Vendor shall not be liable, to any purchaser or third party, for any indirect damage, loss of business, profit or turnover, caused in any way whatsoever, even if this damage or loss or prejudice was foreseeable by the Vendor, or if its possibility had been brought to their attention. Without limitation to the preceding paragraphs, the Vendor’s liability under the terms of the present General Conditions shall not exceed a sum equal to the sums paid or due for the transaction which originated the said liability, regardless of the cause or form of action. The Vendor shall not be held liable for breach of contract under any of the following conditions: Product discontinuation or non-availability, force majeure, social disturbance or partial or general strike, notably of postal and transport and/or communications services, flooding, or fire. In case of litigation, the purchaser shall primarily contact the Vendor to come to an amicable solution. Where this is not possible, the Tribunal de Commerce of Saint-Etienne shall be the sole competent court, regardless of the delivery site and payment method accepted. The present General Conditions for sales and utilisation in French shall be executed and interpreted in accordance with French law. Any difference which may arise regarding its validity, interpretation or execution shall be submitted to the Tribunal de Commerce of Saint-Etienne, to whom exclusive competence is awarded.

 

Article 9 – Personal information

 

The Vendor undertakes not to divulge to any third parties the information provided by purchasers on the site. This shall be kept confidential, and shall only be used internally to process your order and to support and personalise communications, notably through informational letters / e-mails. The Vendor will therefore not sell, market or rent out information on its purchasers to third parties. The Vendor may choose to do so in future to suppliers and service providers, to meet the direct, connected requirements of the performance of sales contracts which the Vendor completes with its purchasers. Purchasers are allowed to opt out of this by sending us a registered letter. Where the Vendor ceases business or where personal data is used by third parties, the Vendor undertakes to inform the user beforehand so that he/she may exercise his right to opt out. The Vendor may also provide consolidated statistics relating to their purchasers, sales, exchange structures and related information on the site to trusted third parties, but these statistics shall contain no personal data. This article shall not prohibit any cessation of business nor the transfer of activities to a third party. As a result, in accordance with the Law on Information Processing and Freedom of 6 January 1978, the purchaser may exercise his/her right to access their file and his/her right to rectify or suppress information concerning him/her by addressing this request (giving his/her e-mail address, surname, given name and postal address), by registered post with recorded delivery to the following address:

HAULOTTE GROUP Service Boutique

Quartier Serve Bourdon

42420 LORETTE France

Where the Vendor ceases to operate the file system or where activities are transferred to third parties, Haulotte Group undertakes to inform users of the site beforehand.