conditions générales de vente
Article 1 - Application of the terms and conditions
Products sold on www.opti-kit.fr are for professionals.
All orders indicated that the customer adheres completely to the present Terms and Conditions of Sale.
The sales contract is controlled by French legislation.
Article 2 - Order
The customer places their order on the web site and checks their order in the order summary section before confirming their order.
The order only becomes definitive once a deposit of 500 Euros has been received.
The Seller addresses an order receipt as quickly as possible to the buyer by email within a maximum of 2 working days after the deposit has been cashed. This confirmation acts as definitive acceptance of the order.
2. 2 – Information given by the customer for the order
The customer chooses their fittings and is responsible for ensuring the correct dimensions have been supplied.
The customer can however get one of our partners or another professional to note dimensions for them.
If an error has been made in the delivery details section, the Seller cannot be held responsible if the goods cannot be delivered. Supplementary costs resulting from customer errors will be charged to the customer.
Article 3 – Product Installation
The products should be put together and installed by the customer. The customer alone is responsible for installation.
The customer can use one of our partners or another competent professional of their choice to install our products.
Article 4 - Delivery
4.1 – Delivery Location
The delivery location is indicated by the customer when placing their order in the delivery section.
4.2 – Delivery Methods
The products are delivered by carrier to the delivery address indicated by the client on the order form and can only be delivered to the customer once the delivery form has been signed.
If the customer is absent for the delivery, extra costs will be charged to the customer.
The customer is responsible for contacting the carrier by telephone to organize a new delivery time.
4.3 – Delivery Time
Apart from special delivery conditions stipulated on the product description page, delivery times are those stated for each product (on average 15 days after the deposit has been cashed for France). For deliveries outside of France, times will be stated once the order has been received.
A quicker delivery can be requested by the customer and must be expressly accepted in writing by the Seller.
Delivery delays will not result in the payment of damages, and do not engage the responsibility of the Seller.
Order changes will result in a change to the delivery time.
The following are considered "force majeure" and in these cases the Seller is not obliged to deliver the goods: war, riots, fire, strikes, accidents, impossibility of the Seller receiving supplies, transport interruption or delay.
The Seller will inform the Customer as soon as possible if there is a delay.
If the delivery time is longer than shown on the description page, the Seller promises to inform the customer as soon as possible by all methods so that the Customer can decide whether to keep or cancel all or part of their order.
If the delivery time stated on the description page is obviously not respected, the customer can cancel their order by sending a registered letter with receipt acknowledgement. The cancellation will only be taken into account by the Seller if the delivery has not been carried out between the sending and reception of this said letter. The customer will be reimbursed within a maximum of 30 days following reception of the recommended letter by the Seller.
In any case, the delivery can only be carried out under the times stipulated if the Customer has ensured that all their duties towards the Seller are up to date, whatever the cause.
Article 5 - Product reception
On receiving the products the Customer should check that the products delivered conform with the order and that there are no obvious defaults.
In the case of damage or loss the Customer must make a complaint to the carrier by recommended letter with receipt acknowledgement within 3 days. If they do not send this letter the Customer loses all appeals with the Seller.
It is the Customer's responsibility to supply proof of the faults or damages that have been observed. The Customer must allow the Seller all means possible to see these flaws and rectify the situation. The Customer must not try and mend the products or get a third party to mend them.
All complaints should include the order number and delivery forms.
If no complaint or signal is made by the Customer in the 48 hours following receipt of the products, these said products will be considered to be in a good state.
The Seller does not accept a return or merchandise without prior authorisation. If a product is lost or damaged following an unauthorized return, the Seller will not refund the product.
Article 6 – Price - Payment
Product prices are those that figured on the website on the order date. Product prices do not include delivery costs.
Prices are shown in Euros not including taxes.
Payment of the deposit is carried out when placing the order by bank card or any other payment method.
The balance is to be paid on receiving the bill. Merchandise can only be delivered once the entirety of the sum due has been paid.
Delivery costs must be paid by the Customer. This cost is calculated based on the delivery address, the weight and dimensions of the parcel, for each item is listed in the basket on the order summary page and the bill.
Secure payment for transactions made by bank card (to be completed)
Article 7 - Intellectual Property
This site is the property of the SELLER, reproduction of all or any part of this site, notably the texts and photos is completely forbidden. If elements of the site are reproduced or used without consent it could lead to legal proceedings.
Merchandise sold by the SELLER is protected by copyright. The Customer does not have the right in any case to reproduce the merchandise with the risk of being held liable.
All brands used by the SELLER remain the property of the SELLER and cannot be used by the Customer.
Article 8 - Guarantee - Responsibility - Insurance
The Seller's responsibility is limited to replacing faulty merchandise provided it has not been modified, all over damages are excluded. The responsibility of the Seller in any case is limited to the order amount.
The Seller does not guarantee damages for problems resulting from wrong storing, wrong usage, and wrong assembly. The Seller cannot be held responsible for direct or indirect injuries to the Customer.
The Seller is insured conforming to common law.
The products offered conform to French legislation and French standards.
Outside France the Seller is not responsible if the legislation of the country to which the product is being delivered is not respected. It is the Customer's responsibility to check with local authorities that it is possible to import and use the products and services that they want to order.
Product characteristics could be changed or improved at any time.
THE SELLER will not be held responsible for not carrying out the contract if the product is sold out or unavailable, if there is a force majeure, partial or total strike or partial strike notably with the postal service or transport/communication systems, flood, fire...
Article 9 - Force majeure
If there is a force majeure, the Seller cannot be held responsible for not carrying out one of their obligations
Unforeseen difficulties in the sense of the paragraph listed above can be a result of the list below, this is not an exhaustive list:
- War, declared or not declared, civil war, riots and revolutions, pirating, sabotage
- Natural phenomena such as bad weather, destruction by lightning, storms, cyclones, earthquakes, tidal waves, floods
- Explosions, fires, destruction and breaking of machines, factories and installations whatever they may be
- Boycotts, strikes and locks out under whatever form they make take
- Acts by the authorities lawful or unlawful
Article 10 - Jurisdictions - Applicable law - Language
French law is the applicable law. All disagreements related to the interpretation and execution of sales and products will fall exclusively within the competence of the Tribunal de Commerce de Montluçon.
Article 12 – VAT and customs charges
For countries in the EU and French departments and territories overseas, French VAT is applicable on the non tax price. For all other countries billing is made without taxes. Customs taxes or other local taxes or importation fees or State taxes can be charged. These fees and sums are not the responsibility of the SELLER. They are to be paid by the Customer and are entirely the Customer's responsibility in terms of declarations and payments to authorities/organizations in their country. We advise the Customer to find out this information from local authorities.