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PREAMBLE
Probois-machinoutils specializing in the sale of machinery and equipment for working with wood.
Probois-machinoutils sells its products exclusively remotely via its Internet Website, www.Probois-machinoutils.com or by phone via customer service (see article 12 hereof) to the 05.57.46.17.64
The e-mail address is : contact@probois-machinoutils.com
Probois-machinoutils does not have a store outside of its website. However, it is possible to come to withdraw their deposits the ordered goods.
The address of the withdrawal orders or for a visit is 24 rue des 2 Villages - 33220 Saint-Avit Saint-Nazaire.
The Site is accessible by the Client 24 hours on 24, 7 days 7 and all year round. The phone number is : 05 57 46 17 64.
N° Siret is the 503 272 817 000 19 - EPA 4752B - N° TVA FR77503272817.
The address for the mail exchange is : Probois-Machinoutils – 24 rue des 2 Villages - 33220 St Avit St Nazaire.
ARTICLE 1
OBJECT
The General Conditions of Sale are intended to describe the terms of distance selling of goods and services between Probois-machinoutils and the Client. They express the entire obligations and rights of the Parties.
The Customer has the option to save and/or print them.
ARTICLE 2
GENERAL
2.1 Full legal capacity of the Client
Is Client, under the Terms and conditions of Sale, any physical person aged of at least 18 years old or have the permission of the person entitled at the date of the order validation. The Customer is a consumer who is resident in Metropolitan France (Monaco included, excluding Corsica) and passes his order on the Website or by Phone via customer service (see article 12).
By clicking on the icon for the Site "Pay my order" or by adjusting the order placed by phone, the Customer recognizes having the full legal capacity to engage under these terms and Conditions of Sale.
2.2 customer Identification via a password
At the first command, and in order to customize his environment, a username and a password of at least six alphanumeric characters must be entered by the Customer. A uniqueness check and the identifier is then carried out by the system. In the event of loss of the password, the Customer can click the "my account" and enter their email address. The Customer will receive his password to his email address.
This password is not used to make any payment.
This password is strictly confidential will be requested from the Customer in each transaction. The Customer is solely responsible for its use.
2.3 Fields of application, enforceability and duration of the Terms and conditions of Sale
The Customer admits having taken knowledge of the General Conditions of Sale and expressly declares to accept them and that the order has been placed on the Website or by Phone. This acceptance will be given to the creation of a customer account as well as each command as soon as the Customer has ticked the box " I have read the terms of Use and Conditions of Sale and accepts them without reserve ", or, as soon as he has accepted over the Phone.
In this sense, the Customer accepts without reservation all the provisions set forth in these terms and Conditions, to the exclusion of all others.
The General Conditions of Sale are those in force on the Site at the date of the validation of the order by the Customer.
The General Conditions of Sale are valid for the duration necessary for the provision of goods and services purchased, until the expiry of their warranties.
The fact that Probois-machinoutils does not prevail at a given time of any of the clauses of the General Conditions of Sale, may be interpreted as a renunciation to avail itself subsequently of any one of these Clauses.
2.4 Proof
Unless evidence to the contrary by the Customer, the systems of automatic recording of Probois-machinoutils are regarded as being worth proof of the nature, content and date of the contract of sale.
2.5 Modification of terms and Conditions of Sale
PROBOIS-MACHINOUTILS reserves the right to adapt or modify the GTC at any time. In case of modification, it will be applied to each order the General Conditions of Sale in force at the date of the order.
Also, the Customer is invited to consult the Site regularly to keep abreast of the most recent developments, particularly in the case of an order by phone.
ARTICLE 3
CHARACTERISTICS OF THE PRODUCTS AND PRICE
3.1 Consultation of the characteristics of products and services
Probois-machinoutils presents on its Site the products and services and their detailed descriptions that allow the Customer to know, before the final order taking, essential characteristics.
3.2 product Availability / validity of the offer
The offers of products and prices on the Site are valid until they are visible and available (= the presence of the "order" button) on the Site. It is, however, clarified that the simple fact to add a product in the basket is not worth confirming the order. In other words, the product may become unavailable between the time of the addition in the shopping cart and the validation of the order by the Customer. Probois-machinoutils will use all its efforts to ensure the availability of the whole range of products and services offered.
3.3 Price
The prices of the products and services presented on the Site are indicated in Euros all taxes included (TTC). They are applicable during the validation of the order by the Customer and do not include shipping costs, charged in supplement, and indicated before the final validation of the order. The prices of the products do not include the costs of communication related to the use of the Site. Prices are subject to T. V. A. in French and any change in the legal rate of the T. V. A. will be reflected on the price of the products and services presented on the Site, the date stipulated by the application decree governing it.
Probois-machinoutils will not reimburse the difference in price between the price of Probois-machinoutils and the price of his store called "Probois" on ebay.fr which distribution costs are to be taken into account.
In case of input error, print or calculation showing a price significantly lower than the price normally practiced, the Client will apply to the lowest price unless that price is obviously ridiculous it is to say, unrelated to the actual value of the product ordered.
3.4 tax Refund
For all products that the Customer intends to deliver outside of the European Union and DOM-TOM), obtaining a bill of sale to export with services Probois-machinoutils will allow him, after the return of the pink shutter referred by the customs, get the refund of the VAT rate of the product or of the corresponding order.
Probois-machinoutils calls the Customer beforehand to be aware of and to control all of the conditions required to benefit from the tax exemption of its goods on the site : http://www.douane.gouv.fr/.
If the Client meets all the conditions required by the customs, he should make his request to obtain the form of remission of tax for export by e-mail with Probois-machinoutils on the day of his purchase on the Site, by visiting the "contact us" section. When entering the contact form, the Customer will specify that they wish to obtain a form of remission of tax. The Slip will then be sent to you by mail.
In the case where the Client redirects a command or a product to a country other than Metropolitan France, one is reminded that he remains the importer of the products concerned. All customs duties, other local taxes, import duties or State taxes likely to be exigible will not concern the spring of Probois-machinoutils. It is the customers sole responsibility to check with the local authorities and to assume the load of the declarations and corresponding payments to the authorities and competent bodies of the country concerned.
The responsibility of Probois-machinoutils cannot be engaged in case of non-compliance of the legislation of the country where the products will be sent by the Client. It is the Customer's responsibility to verify with local authorities the possibilities of importation or use of the products or services he intends to convey, to ensure that their specific technical and operating requirements, specific to the manufacturer, comply with the legislation of the country concerned.
ARTICLE 4
COMMAND
4.1 " My account "Section
4.1.1 Creation of the account
To make purchases on the Website or by Phone, the Client must first create a customer account. It must be created exclusively on the Website during the ordering process, after validation of the basket and at the time of Customer identification.
To create an account, the Customer must enter, on the one hand, his e-mail address and a password, which must be confirmed on the same day of the creation of the account. These elements are confidential. The Customer will be solely responsible for the consequences of the use of his account, and until deactivation of the latter.
On the other hand, information will be requested from the Customer to continue his / her registration (title, first name, last name, date of birth, email address, exact address of delivery, zip code.) The Client undertakes to provide true and accurate information and to inform Probois-machinoutils of any change concerning them. A summary of the information provided is presented to the Client and an e-mail containing the information is sent to them.
These information are necessary for the management of orders and the commercial relationship between Probois-machinoutils and the Client. Accordingly, the default provision of the information requested is equivalent to renouncing the creation of an account.
Probois-machinoutils cannot be held responsible for possible errors of seizure and the consequences that would follow such a delay and/or a delivery error. In this context, all expenses engaged for the reforwarding of the order will be entirely the responsibility of the Customer.
4.1.2 Use of the account
The Customer has the opportunity to follow his or her orders on the Site, in the section " my account ".
The history of transactions between Probois-machinoutils and the Client is consulted at all times on the Site in the section " my account ". The Customer will have access to his purchase history for each of the sub accounts.
When the contract is concluded by electronic life and that it concerns a sum greater than or equal to 120€. The professional shall ensure the conservation of the written word:
* during a period of 10 years from the date of conclusion of the contract when the delivery of the property or the execution of the service is immediate,
* from the date of conclusion of the contract for a period of 10 years from the date of delivery or the execution of the service when it is not immediate. The professional ensures access at any time to the person who signed if they request it.
4.1.3 Disabling the account
In the case of non-compliance with the Terms and conditions of Sale by the Customer, Probois-machinoutils reserves the right to disable, by right and without compensation, the Customer's account without having to comply with the notice, after the sending of an electronic mail or a registered letter with notice of receipt of formal notice has remained without effect for over 30 days.
In the case of fraud on the part of a Client, the deactivation of the account will be as of right, without notice, without formality and without compensation.
The Customer who wishes to deactivate his / her account will know Probois-machinoutils by electronic mail or registered letter with advice of receipt addressed to the customer service contact@Probois-machinoutils.com
Probois-machinoutils undertakes to deactivate the account within a maximum period of 7 days from the receipt of this mail.
4.1.4 shipping
For the Metropolitan France (excluding Corsica for any machinery and accessories to the machine except tooling), the shipping costs are from 4.99 euros. For shipments to the DOM, to the area 1 of the EEC (Belgium, Germany, the netherlands and Luxembourg), to zone 2 of the EEC (Italy, Spain, Uk), the shipping costs will be displayed automatically after your registration.
For larger shipments, and for other destinations, please contact us by e-mail at contact@probois-machinoutils.com in order that we will build a quote based on the merchandise you wish to order.
The customers of Corsica are invited to consult us by e-mail at contact@probois-machinoutils.com for any order or request for quote so that we validate the shipping costs according to their order.
4.2. Validation of the order by the Customer
The Customer places his order in accordance with the indications appearing on the Site. The latter is the subject of a summary that includes all of the elements. The Client then validates it with a "click" on the icon " Pay my order ". Any order that is not validated will not be honored. Thus, the simple fact of add a product in the basket is not worth confirming the order.
Probois-machinoutils recommends that the Client keep a track of data on its order on paper or on a computer reliable.
4.3 electronic Signature
The Customer recognizes to be perfectly informed that his agreement concerning the contents of the General Conditions of Sale does not require a handwritten signature, insofar as the Customer orders online, the products and services that are presented.
The "double click" associated to the procedure of authentication, non-repudiation and integrity protection of messages constitutes an electronic signature. This electronic signature handwritten signature value between the Parties.
4.4 Modification of the order
After validation of the order by the Customer, it can not be changed from the customer service department contact@probois-machinoutils.com
After shipment, any amendment of the order by the Client will not be taken into consideration.
4.5. Confirmation of the order by Probois-machinoutils
Probois-machinoutils confirms the taking into account of the Customer's order by sending a first automatic e-mail.
In the case of payment by cheque, the Customer has a period of six (6) days to send the cheque to Probois-machinoutils, from the date of the order validation. In the opposite case, Probois-machinoutils reserves the right to cancel the order. Upon receipt of the cheque, Probois-machinoutils has a period of four (4) days to confirm the order.
In order to combat credit card fraud and to prevent the risk of identity theft, Probois-machinoutils may ask the Customer to produce proof of identity, address and/or a cancelled cheque or bank details) or RIP (the one on the account of the card used for payment). These parts must be those of the Customer. In this case, the order will be confirmed only after the receipt and validation of these parts. The delivery time of the order can be influenced by any delay in the transmission of this information. In the case of non-delivery of parts within four (4) days (from the date of the email requesting the evidence), Probois-machinoutils reserves the right to cancel the order and reimburse the Customer for which a levy has occurred.
Past these deadlines for confirmation, the order will be cancelled.
Probois-machinoutils reserves the right not to confirm the order, particularly in the case of refusal of authorization of payment from officially accredited bodies or in case of non-payment of a previous delivery or dispute over payment in the course of administration, in case of any problem concerning the received order, in case of incomplete command, foreseeable problem relating to the supply of the product, or in the presence of a removal procedure commenced for one or more of the products ordered. Probois-machinoutils will inform the Customer by e-mail.
The absence of confirmation by Probois-machinoutils within these time limits cannot be regarded as equivalent to confirmation and acceptance of the order.
ARTICLE 5
POLITICAL PROMOTIONAL
5.1 flash Sales
In the framework of its policy promotional, Probois-machinoutils will offer flash sales that will be limited in quantity or in time.
ARTICLE 6
PAYMENT
Probois-machinoutils offers four (4) types of payment on its Website.
At no time, the money collected can only be considered as deposit or deposits.
6.1. Description of the means of payment
6.1.1 credit Card via the secure website of the Credit Agricole E-transactions "
Probois-machinoutils accepts credit cards, visa, mastercard. The credit card must be issued in the uk by a bank domiciled in Metropolitan France (Corsica and Monaco included).
6.1.2 credit Card via Paypal or credit card by phone 05 57 46 17 64.
6.1.3 Cheque
The Customer has the option to pay by cheque, issued by a bank domiciled in Metropolitan France (Corsica and Monaco included), to the order of : Probois-machinoutils. In this case, he should send his payment with proof of identity (attach a photocopy of both sides of an identity) and the order number as it will be confirmed by Probois-machinoutils, at the end of the registration thereof. These different elements will have to be sent to the following address :
Probois-machinoutils – 24 rue des 2 villages – 33220 ST AVIT ST NAZAIRE.
It is recalled that the processing time of the order will be added to the delay of the forwarding of the cheque and the treatment of the latter in accordance with article 4.5.
6.1.4. Payment in 3 Times
Probois-machinoutils offers a payment in 3 months. This offer is only available for orders over 300 euros with a limit of 3000 euros (shipping costs are not included). All 3 cheques must be sent in one envelope to Probois-machinoutils, all dated the date of the order and with photocopy of the front and back of the identity card which must be in the same name as the originator of the command. The 1st check will be cashed at the reception even if the delivery time mentioned is more than 7 days, the 2nd cheque will be cashed 30 days later from the date of the order and the 3rd, 60 days later.
6.2 Default of payment
The Customer warrants to Probois-machinoutils the payment method used is valid and is not the product of a fraudulent operation.
In the case of an order that has not been resolved fully or partially by the Customer, Probois-machinoutils undertakes to inform the Customer by e-mail and ask him to fix it.
In the absence of a response or solution within a period of fifteen (15) days, Probois-machinoutils reserves the right in particular to refuse to make a delivery, to refuse to honour an order, cancel all orders in progress or to suspend the Customer's account.
In addition, Probois-machinoutils is authorized to suspend any order or delivery in case of refusal of authorization of payment from financial institutions.
6.3 Security of means of payment
All banking transactions are carried out on the Site in a secure manner. In fact, Probois-machinoutils uses the protocol SSL (Secure Sockets Layer) encryption of its service provider, "E-transactions" or Paypal, which encrypts information to protect all data related to personal information and means of payment.
The information communicated at the time of placing the order (card number and validity date) will not be stored on the servers of Probois-machinoutils.
To increase security, the Client must communicate this information to each new order.
6.4 Invoice
The invoice is issued to each shipment. It is also available in digital format upon simple request by e-mail.
It has the ability to print, and request a paper edition of its invoice to contact@probois-machinoutils.com
ARTICLE 7
DELIVERY
7.1. General
The products are delivered to the delivery address indicated by the Customer during the order process. It is the Customer's responsibility to verify the accuracy of the information entered before confirmation of the order (Building Number, floor, name intercom, digicode... ).
The delivery of the products is ensured in Metropolitan France (excluding Corsica (except if the possibility by The Post office), Dom-Tom, the islands are not connected to the mainland by a bridge). The delivery is carried out by Coliposte, Letter Max, or by courier (Gls, Bernis (France Express) or a specialized carrier, ...) depending on the nature, weight, volume, fragility and the value of the products ordered.
The amount of charge is indicated to the Customer before the definitive validation of the order. Delivery time, counted from the validation of the order by Probois-machinoutils and the registration of the payment method (receipt and recording of an order paid by cheque).
The order can be delivered several times and may be subject to multiple packages. Probois-machinoutils reserves the possibility of splitting the Client's order into multiple shipments, without additional cost to the Customer. If the split is requested by the Customer, the shipping cost of each shipment will be charged to him.
Reminder : Probois-machinoutils reserves the right to refuse a delivery or honour an order from a consumer who would not have regulated completely or partially a previous order or with whom a payment dispute remain.
7.2 Terms of delivery
The Customer undertakes to take delivery of the products to the address indicated on the purchase order. The postal services or carriers are likely to ask for a proof of identity to the Customer.
If the Client is unable to receive him-even the order, he shall appoint, to represent it, or a third party with a power of attorney and the photocopy of the identity card of the Client.
In case of absence of the Customer or the representative during the presentation of the Package by the Professional, the Client will be required to withdraw the parcel from the postal services or the filing of the carrier, to the address and the date and time indicated on the notice of passage.
No request for delivery of the parcel will not be honoured if the conditions above are not met by the Client.
In case of delivery at the place of work of the Client, the carrier, do not have access to the premises, The Customer shall take all the necessary precautions so that the carrier can submit the order, and the Client can receive.
Upon presentation of the package by the postal services or by the carrier to the address indicated, Probois-machinoutils has fulfilled his delivery obligation. Probois-machinoutils therefore declines all responsibility in case of subsequent loss or theft.
7.2.1. Standard delivery
The standard delivery is carried out in the property line of the property of the client, that is to say, in front of the gate for a single home or in front of the building to a condominium. It may be entrusted by Probois-machinoutils to different transportation professionals, namely La Poste, Exapaq, Dachser, Calberson)...
Delivery by Coliposte :
The delivery is carried out Monday to Saturday, excluding public holidays. Packages delivered by Coliposte are not the subject of a prior appointment.
Upon taking charge of the parcel by Coliposte, the Customer has the possibility to follow the delivery of the parcel via the Website by clicking on the link " my account ". The delivery time of the parcel is two (2) working days from the shipping date.
Delivery with Colissimo Expert
The delivery is carried out Monday to Saturday, excluding public holidays. The parcels delivered by Colissimo Expert are not the subject of a prior appointment.
In case of delivery by Collissimo Expert, the parcel will be returned to the Customer or to the agent after the signing of the delivery slip attesting to its good reception.
If the Customer is absent, a delivery notice will be left in his mailbox by the Professional. The Customer must collect the package at the Post office mentioned on the notice in the ten (10) business days after the filing of the notice by the Professional.
Delivery in Colissimo Access
In case of delivery by Colissimo Access, The parcel will be deposited directly to the address indicated during the order process and in the Customer's mailbox.
Delivery by DPD, GLS or DHL :
The delivery is carried out Monday to Friday, parcels are not the subject of a prior appointment.
The parcel will be returned to the Client or agent after signing the delivery slip attesting to its good reception.
If the customer is absent, a delivery notice will be left in his mailbox by the Professional on which it will be referred to the time range and date of the next passage. The Customer has the option to call the transport service to agree a new delivery date, if specified by the Professional was not appropriate.
At the end of three (3) passages unsuccessful, the Parcel is returned to Probois-machinoutils.
Delivery by other carrier, without installation at home
The carrier will contact the Customer to arrange a delivery date. The delivery location must be accessible to trucks 13/19 Tonnes for certain products of the type woodworking machines. In the event of non-accessibility to this type of vehicle, the customer undertakes to collect the goods to a point of removal achievable (street nearby, depositing the carrier, etc.).
In case of refusal of the customer to receipt for personal convenience or inaccessibility, the costs of returning the product will be the responsibility of the Customer.. If the shipping charges are included in the price of the product then the return costs will be charged on a flat rate depending on the weight and nature of the parcel.
7.3. Receipt of the products
The Customer undertakes to sign the delivery note or carrier's receipt by the postal service, by the carrier, where it will be able to wear any reservation handwriting precise and concise about the products and packages delivered. The Client must, for example, to check if products are damaged or missing. Probois-machinoutils recommends the Client not to accept parcels if they have been ripped open and re-taped, and/or annotate any reservations on the delivery note or carrier's receipt.
The client will check the parcel in the presence of the carrier. According to the article L 133-3 of the French Commercial Code "the reception of the objects off any action against the carrier for loss or damage, partial if within three days, excluding holidays, following that of this reception, the recipient has not notified the transporter, by an extrajudicial act or by registered letter, that his protest motivated." In the event of damages incurred during shipping or lost, the client must issue its reservations on the right of the carrier or at the latest within three days of receipt, by registered mail or by a bailiff. If the carrier denies on the delivery of the reservations made by the customer on this document, their reiteration by recorded delivery will be required. The customer shall immediately inform Probois Machinoutils of these reserves. Probois Machinoutils proceed with the replacement of products lost or damaged after you have dealt with the dispute with the carrier, the client will have to provide this end-to-Probois Machinoutils all the documents and information in its possession.
By signing the delivery note or carrier's receipt, retained by the postal services or the carrier, the Customer acknowledges having received the correct number of packages shipped.
In case of dispute, the original packaging must be retained until resolution of the dispute. Probois-machinoutils advises the Customer to inform the customer Service Probois-machinoutils within a maximum period of 72 hours from the time of delivery. Probois-machinoutils thank the Customer comply with these timelines, that will ensure an optimal service.
Some carriers are likely to spend an expert in the Client's home to validate or not the conformity of the packaging.
Has the following two (2) presentations that are unsuccessful for absence of the customer, the order will be cancelled, and the product for which the refund after deduction of the expenses of the second presentation.
7.4. Shipping time/ delivery Time
It is indicated on the product sheets the shipping time of the product. This period corresponds to the preparation time necessary to Probois-machinoutils to provide its service provider, the product that will be delivered to the Customer. At this time, it is necessary to add the delivery time of the carrier. If the time does not appear, and that Probois-Machinoutils is not able to deliver the order within a period of 7 days, a new order confirmation stating the delivery time will be sent to the client.
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The time to take into account is foreseen on the day of receipt of payment from the client and not that of the day of the order if it is not paid immediately.
Our deadlines are conditioned according to the availability of items from our supplier partners and from us. Any stock-outs of which we would not have had knowledge at the time cannot therefore be imputed to us.
Important : the items not available are removed from the site as if the break has been flagged as final by the supplier. You can then request the cancellation or exchange of your order by sending us an e-mail to contact@probois-machinoutils.com
In the case where the client does not wish to continue with the order because the new deadline announced is too long, Probois@machinoutils is committed to :
- refund the customer in full
- offer the customer a similar item at the same price (written agreement of the client necessary)
- propose to the customer an article of superior range by sending a new confirmation on which of the potential costs of overtime will be given (written consent of the client required).
Probois-machinoutils will implement its best efforts to respect the delivery times of products ordered. In the event that these deadlines could not be kept, the Customer will be automatically notified by any means such as electronic mail or telephone.
In case of delay of delivery of more than four working days from the date originally scheduled, Probois-machinoutils suggests the Client to report the delay in contacting the customer service. Probois-machinoutils will then contact the carrier to start an investigation. An investigation can last up to 21 days from the date of its opening in the carrier. If during this period, the product is found, it will immediately re-routed to the Customer's home. If however the product is not found at the end of the period of 21 days of investigation, the carrier considers the package as lost. It is only after this period that Probois-machinoutils can return to the Customer a replacement product, at its own expense. If the product or products ordered are no longer available at this time, Probois-machinoutils would reimburse the Customer the amount of the products concerned lost by the transporter and the shipping fees.
It is recalled that :
- the times quoted are in working days (excluding Saturday, Sunday and public holidays) ;
the delivery times quoted are from the date of confirmation of the order by Probois-machinoutils. In the case of orders paid for by cheque, the shipping time will be recalculated on the date of receipt of the cheque.
The inability of the carriers to deliver on the agreed date the Products, in case of absence of the Customer or of the absence of information on the need to resort to specific means of delivery, will give rise to the payment of delivery charges-additional in the amount of 30 euros.
ARTICLE 8
RETENTION OF TITLE AND TRANSFER OF RISK
8.1. Shipping of the products
It is agreed that the products shall be delivered and invoiced to the Customer remain the property of Probois-machinoutils until the integral payment of their price.
The failure to pay may result in claims of goods by Probois-machinoutils.
The provisions above do not preclude, after delivery, transfer to the benefit of the Customer risk of loss or deterioration of products and the damage they could cause.
8.2. Return of the products
The return of products is at the expense and risk of the Client.
ARTICLE 9
RIGHT OF WITHDRAWAL
9.1 The right of withdrawal
Article L121-20 of the Consumer Code states that every consumer has a period of fourteen (14) days to exercise his right of withdrawal without having to justify reasons nor to pay penalties.
The return costs are at the Customer's expense, and the expenses of sending real are not refundable.
9.2 the exercise of The right of withdrawal
Probois-machinoutils recommends that the Customer who wishes to exercise his right of withdrawal inform the customer Service contact@Probois-machinoutils.com
9.3. Conditions for return of Products
The return of the or of the products made in their original packaging, and in good condition, new and not used or tested, accompanied by all accessories and documentation. The product or products should/must be in perfect condition for resale. Probois-machinoutils recommends to the Client to indicate the invoice number to which the products relate. Probois-machinoutils also recommends that the Customer return the product in packaging provided for this purpose, does not allow the identification of the product (postal package, envelope with bubble, paper craft, etc.). Returned products travel at the risk and cost of the Customer.
Probois-machinoutils reserves the right not to accept the product in the event of the absence of the accessories mentioned in the technical sheet of the product (documentation, exploded view....).
Any product damaged, used or incomplete will not be refunded or exchanged and will be returned to the Customer at his expense.
9.4 The refund
In case of exercising the right of withdrawal, Probois-machinoutils is obliged to refund to the Customer of any sums he has paid after deduction of transportation costs* costs incurred by Probois-machinoutils included in the sales price of the original.
The refund is due within a maximum period of thirty (30) days following the date of shipment of product by the Customer.
* Explanation of the transport costs :
- what are the shipping costs paid by the customer when placing the order if there has been.
- in the case of an order that received the free shipping for the customer : the transport costs incurred by the company Probois machinoutils for delivery to the customer will be deducted from the original amount paid by the customer. We advise the customer to contact us to know the value of these costs.
The product is returned by the customer at his own expense or the customer may request to Probois machinoutils to arrange collection by a carrier and in this case, the cost of recovery will be deducted from the refund.
Before any product is returned, we will send the return with notice of the transport costs of the original.
In the case of the partial refund of an order for which the payment option was one of the following :
- 3 times
and that the new amount would become less than the minimum allowed for such payment, the Customer Service will then offer a new means of payment (credit card, Cheque).
In the case of home delivery, the refund of the product that is the subject of the withdrawal will be refunded to you promptly if reservations have been made by the customer on the delivery note.
If the customer has not entered reservations on the delivery order, the refund will be made once the product is approved on the site of Probois-machinoutils and after finding the condition of the equipment returned.
ARTICLE 10
WARRANTY, AFTER SALES SERVICE (SAV) AND RETURN
Probois-machinoutils undertakes to provide the Client with a good or a service according to its demand.
In order to know the steps related to the After-sales Service, the Customer may contact the Customer Service of Probois-machinoutils.
10.1 legal Warranty
The Customer can, in any event, avail themselves of the legal guarantee of conformity provided by the Consumer Code, in particular articles :
- L. 211-4 of the Consumer Code : "The seller must deliver goods in conformity with the contract and answers defects of compliance existing during the issuance.
- L. 211-5 of the Consumer Code : "To comply with the contract, the good must :
1. Be clean with the usually awaited use of a similar good and, if applicable :
- match the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model ;
- present the qualities that a purchaser can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling ;
2. Or present the characteristics defined by mutual agreement by the parties or be suitable to any special use sought by the purchaser, brought to the knowledge of the seller and the latter accepted. "
- L. 211-12 of the Consumer Code : "action resulting from lack of conformity lapses two years after delivery of the goods. "
Probois-machinoutils rest also into account the latent defects of the thing under the conditions provided for in articles 1641 to 1649 of the Civil Code.
Article 1641 of the Civil Code : "The seller is obliged to guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price if they had known ".
Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the vice ".
10.2 commercial Warranty
10.2.1 commercial Warranty free
• Definition of the commercial guarantee free
Probois-machinoutils grants the Client a warranty free of defective parts, the duration of which is stipulated on the technical data sheets of the products present on the Site and on the invoice of purchase of such products.
The warranty Probois-machinoutils is valid on the whole territory of the Metropolitan (Monaco, excluding Corsica). For other destinations, only the transport is the responsibility of the customer.
The warranty applies only to products sold by Probois-machinoutils and in the case of a normal operation of the machine under warranty. In the opposite case, Probois-machinoutils not be able to support the price of parts to change.
The commercial warranty free Probois-machinoutils covers the replacement of defective parts without labour and the displacement.
If the product repair is impracticable or if its cost is disproportionate to the value of the product, Probois-machinoutils reserves the right not to send parts and offer the Customer a replacement product the same way (same reference) ; the shipping costs being at the expense of Probois-machinoutils. If the exchange is impossible, Probois-machinoutils will then offer a refund to the Customer. The product and all its accessories become the property of Probois-machinoutils.
Probois-machinoutils invites the Customer to comply strictly with the instructions specified in the instructions attached to the products.
Any product for which the warranty is excluded or for which the warranty period is exceeded, shall not be taken into account by Probois-machinoutils.
The provisions above may not, in any way reduce or remove the legal guarantee.
EXCLUSIONS
Are not guaranteed, the following events :
• the costs of upkeep, maintenance, revision, modification, improvement or development of the machine in reference ;
• failures, malfunctions or defects related to wear and tear, oxidation of components, corrosion, fouling in the presence of combustible dust, electrical surges external (lightning), drought, humidity, excess of temperature ;
• the cosmetic damage caused to external parts of the machine that does not adversely affect the proper functioning of the equipment such as scratches, chips, scratches ;
• use not in accordance with the standards of the manufacturers, the lack of maintenance of the equipment ;
• damage due to a defect in material or construction ;
• damage normally guaranteed by the supplier, manufacturer or assembler ;
• consumables (belts, tools, oil, etc.) ;
• damage incurred as a result of the opening ;
• harm or financial loss suffered by the Participant during or as a result of damage occurring to the machine ;
• the consequences of civil or foreign war or insurrection or confiscation by the authorities ;
• damage resulting from the negligence of the customer or any person authorized to use the machine (the neglect is characterized as soon as a default of caution, of prudence or vigilance has facilitated or is the source of the damage) ;
• nuclear damage ;
• the loss or mysterious disappearance ;
• the flight, which would not be committed by a third party.
PROBLEM DETERMINATION :
The returned material will be subject to a control order to confirm the materiality of the failure and verify that the description of the event made by the client is consistent with the declaration made by telephone at the time of diagnosis.
If it turns out that the statement made by telephone is contrary to the materials found on the machine returned, and, as a result, the malfunction does not respond to the definition of the contract failure, or is the subject of an exclusion, the client agrees to return the equipment for replacement if it has been provided, and to pay the costs of the restitution and repair incurred by cheque.
SAV - PROBOIS-MACHINOUTILS
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"The commercial guarantee free Probois-machinoutils covers the replacement of defective parts without labour and the displacement".
Warranty of machines KITY-SCHEPPACH :
Warranted parts factory for 5 years* through us, except all the parts subject to normal wear, such as belts, tools, etc...The warranty is valid to you free of charge for the customer residing in Metropolitan France or in Belgium. For customers living in the Dom-tom, Corsica (unless sending as possible by post) and other countries, the costs of port for the Metropolitan France in the country of destination are the responsibility of the customer.* the 5 year warranty is obtained by registering on the site Scheppach (instructions to follow on the warranty card supplied with the machine).
Attention : the motors have a warranty subject to expertise and according to the case, the warranty may be refused by the manufacturer if the machine has been connected to a meter that does not meet the power necessary to the machine or not being to the standards.
It will be necessary to return the engine for analysis and inclusion or exclusion of the warranty.
If the problem comes from a lack of use of the machine, the cost of parts and shipping are the responsibility of the applicant.
Workforce to achieve through your care.
The machines Scheppach-Kity-Woodstar are dedicated to beginners and advanced amateurs for a non-intensive use.
Any professional use or intensive use of the machine causing premature wear of parts, overheating of the engine, void the warranty of said parts to change.
If the SAV KITY-SCHEPPACH estimates that the machine has a manufacturing defect, requesting a return of the factory, we will take care of.
In all cases, it is essential that we submit the problem by email to contact@probois-machinoutils.com or by writing to us specifying :
- your complete contact information (name, address, telephone no.)
- the n° of series of the machine
- the n° and date of your purchase invoice
- the problem of the machine
- attach photos showing the desire or the room to change as well as a photo of the nameplate of the machine
Any complaint by telephone is not admissible, a writing must be done.
Conditions of guarantee of the products Scheppach-Kity-Woodstar :
The company Scheppach grants its customers a warranty of 5 (five) on presentation of proof of the date of purchase , invoice dated dealer.
1. Recall the excerpt from the terms and conditions of sale, delivery and payment on the guarantee Art 12.
a. Non-compliance : the state, the compliance,the absence of apparent defects and quantities must be checked by the customer on delivery, in the presence of the carrier or of our employees, and the costs and risks associated with the audit is the responsibility of the customer. In the absence of reservation written on the delivery order sent by registered letter with acknowledgement of receipt at the registered office of the seller within 5 working days from delivery, the products will be considered accepted without reserve.He is the recipient of any reserve related to missing and/or damage related to the transportation of products to the carrier and to exercise its remedies against the latter, under the conditions and legal deadlines .
b. Vices-hidden : the denunciation of any hidden defects by the customer must occur in writing, within 5 working days of the discovery of the hidden defect or the date on which it ought to have discovered the defect. No denunciation of hidden defects will not be taken into account if it occurs beyond the legal period of limitation on contractual liability, starting from the retirement of the product.
c. The buyer must provide any justification as to the reality of compliance defects, apparent defects or hidden defects, any audit or analysis carried out directly by the buyer remaining with its load. We reserve the right to proceed directly or via any intermediary of our choice to any findings,audits, and review on our premises, in the purchaser's or a third party.
d. In case of admitting liability of our company, a defective product or faulty will be replaced with the same or similar products, or will result in the issuance of a credit equivalent to their sale price, to the exclusion of any compensation of any direct or indirect damage suffered by the customer or the user. Products that are replaced remain our property.
e. Warranty: the duration of the normal warranty of the equipment provided by Scheppach against any defect in construction or operation, against any defect of material is of 5 (five) years from the date of purchase shown on the invoice.
The contractual warranty covers, at the choice of Scheppach, the cost of replacement or repair of the equipment sold in its workshops, and this to the exclusion of any other provision and, in particular, on-site repair by the customer or the sub-purchaser.
The contractual guarantee does not apply to the extent that the payment conditions have been strictly adhered to by the customer.
The warranty covers the replacement of defective parts without the labor.
Are excluded from the warranty :
·incidents caused by fortuitous event or force majeure ;
·replacements or repairs resulting from normal wear of parts, damage or accidents due to negligence, faulty monitoring or maintenance, incorrect use or abnormal of these materials, transformation or adaptation of spare parts which are not original ;
·the wear parts, cutting tools such as : belts, irons dégauchisseuse, saw blades, unless a manufacturing defect is recognized.
The obligation of our Company under this guarantee shall in any event be limited to the repair or replacement of the goods or the defective part in the extent to which it is returned to our stores(with the agreement of our services), postage paid within the time limit set above, and where it is found after verification, in fact defective. II is expressly agreed that we shall not be liable for any indemnity to the buyer for any direct or indirect damage suffered by the latter for any cause whatsoever, and in particular for material damage,loss of production, etc
Outside of the warranty, the equipment will be repaired after acceptance by the customer of the repair cost and returned freight collect.
Note: the procedure or the exchange of parts under warranty will, in no case, extend the initial term of the warranty.
II. After-sales Service
As stated previously,the after-sales service is carried out under the following conditions :
Repair machines under warranty
The machines have a warranty of 5 (five) years.
The return of the machines is subject to the prior agreement of the SERVICE Scheppach, the repair time will be indicated upon receipt and review of the material.
Repair machines out of warranty :
The port return of the goods is the responsibility of the customer. All repairs will be subject to a prior estimate. The quote is soumisà the acceptance of the client.
Any quotation is denied will be billed at a fixed price of 45 €uros and the goods shall be made available to the client for a period of one month.
At the expiration of that period, Scheppach will be able to freely dispose of the products. The hourly rate of compensation is fixed at 45 € (vat EXCL), subject to revision annually.
The customer admits having taken knowledge of the general conditions of sale, delivery and payment of the company Probois Machinoutils and expressly accepts them.
Warranty machines are Holzprofi, and John the cabinetmaker :
Warranted parts factory for 3 years, starting in 2016 (instead of 1 year in previous years) by our intermediary unless all parts subject to normal wear, such as belts, tools, etc...The warranty is valid to you free of charge for the customer residing in Metropolitan France. For customers living in the Dom-tom, Corsica (unless sending as possible by post) and other countries, the costs of port for the Metropolitan France in the country of destination are the responsibility of the customer.
Attention : the motors have a warranty subject to expertise and according to the case, the warranty may be refused by the manufacturer if the machine has been connected to a meter that does not meet the power necessary to the machine or not being to the standards.
It will be necessary to return the engine for analysis and inclusion or exclusion of the warranty.
If the problem comes from a lack of use of the machine, the cost of parts and shipping are the responsibility of the applicant.
The machines John the cabinetmaker, are dedicated to beginners and advanced amateurs for a non-intensive use.
Any professional use or intensive use of the machine causing premature wear of parts, overheating of the engine, void the warranty of said parts to change.
Workforce to achieve through your care.
In all cases, it is essential that we submit the problem by email to contact@probois-machinoutils.com or by writing to us specifying :
- your complete contact information (name, address, telephone no.)
- the n° of series of the machine
- the n° and date of your purchase invoice
- the problem of the machine
- attach photos showing the desire or the room to change as well as a photo of the nameplate of the machine
Any complaint by telephone is not admissible, a writing must be done.
Warranty of machines Holzmann and Bernardo :
Parts warranty factory during 1 year by our intermediary unless all parts subject to normal wear, such as belts, tools, etc...The warranty is valid to you free of charge for the customer residing in Metropolitan France or in Belgium. For customers living in the Dom-tom, Corsica (unless sending as possible by post) and other countries, the costs of port for the Metropolitan France in the country of destination are the responsibility of the customer.
Attention : the motors have a warranty subject to expertise and according to the case, the warranty may be refused by the manufacturer if the machine has been connected to a meter that does not meet the power necessary to the machine or not being to the standards.
It will be necessary to return the engine for analysis and inclusion or exclusion of the warranty.
If the problem comes from a lack of use of the machine, the cost of parts and shipping are the responsibility of the applicant.
The machines Holzmann and Bernardo are dedicated to beginners and advanced amateurs for a non-intensive use.
Any professional use or intensive use of the machine causing premature wear of parts, overheating of the engine, void the warranty of said parts to change.
Workforce to achieve through your care.
In all cases, it is essential that we submit the problem by email to contact@probois-machinoutils.com or by writing to us specifying :
- your complete contact information (name, address, telephone no.)
- the n° of series of the machine
- the n° and date of your purchase invoice
- the problem of the machine
- attach photos showing the desire or the room to change as well as a photo of the nameplate of the machine
Any complaint by telephone is not admissible, a writing must be done.
Warranty for machines electro-portable GMC :
Parts warranty factory during 1 year (+ 1 year by registering on the site GMC) by our intermediary unless all parts subject to normal wear, such as belts, tools, etc...
Procedure in the framework of the guarantee :
As soon as possible, please tell us by email what product is defective and its defect.
The replacement will be automatic if the sale is less than 30 days (unless the problem comes from the user).
Return the product to us by post by colissimo or any other means at your convenience.
Once in our service department, we will examine the machine and make the repair or replacement.
It is requested to attach a copy of the invoice.
Instructions for returning a Product :
First of all, the product must be returned in the original box and then the box in a sealed carton. Especially don't put any stickers on the original box.
1) Put a copy of the invoice explaining what does not work with the device. Put as much detail as possible.
2) Make sure that the product does not contain gasoline or oil because it is dangerous for shipping and also the return will be refused from our side.
3) send us the machine by post or other means at your convenience to our address : Probois@machinoutils, 4 plants of vidal high, 33220 St. Andrew's and Call.
4) After review, we will send you a new machine or the repair. The return is at our expense (except if the problem comes from the user).
Option : application troubleshooting workshop any machine :
You do not feel you can repair or detect the failure of your machine, and you want us to act ?
This option is pay the return transportation of your machine and the time of our intervention.
Here is the procedure :
we have to submit the problem by email or by mail
- give us your complete contact information (name, address, telephone no.)
- indicate the n° and date of your purchase invoice
As soon as possible, we will send you the quotation for the removal and return of your machine. You have to accept and sign the quote and return to us by mail, accompanied by its regulation.
For the support of your machine, it will need to be placed on a pallet, strapped and protected. Any damage caused during transport by default protection will be the responsibility of the customer.
After analysis of the interest of the machine shop, the parts that will be changed in the framework of the warranty will be replaced free of charge : we will advise you of the waiting period.
If the problem is of a non-conforming use, we will notify you by submitting the repair estimate.
Any complaint by telephone is not admissible, a writing must be done.
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ARTICLE 11
INTELLECTUAL PROPERTY RIGHTS
11.1 Protection of the Site
Any deterioration, as well as, in the absence of authorization, any reproduction, downloading, copying, modification, commercial use, total or partial, of the various elements of the Site (including editorial content and photos) are prohibited and exposes his or its perpetrators to prosecution. The General Conditions of Sale do not allow in any case the reproduction, modification or commercial use of the various elements of the Site.
ARTICLE 12
LIABILITY
12.1 General
The products are constantly changing, manufacturers can modify without notice the technical composition and characteristics of the products references, which are provided as a guide only.
12.2 Operation and use of the Site
Probois-machinoutils is only bound by an obligation of means as regards the operation and continuity of the Site. Probois-machinoutils shall in no case be held responsible for :
- the speed of access to the Site from other sites on the Internet, the speed of opening and viewing pages of the Site, external slowing down, the suspension or inaccessibility of the service, the fraudulent use by third parties of any information made available on the Site.
- for facts due to a case of force majeure as defined in article 16, breakdowns and technical problems concerning the hardware, programmes, software, the Internet network which may, if necessary, result in suspension or termination of the service.
- if the service offered by the Site is incompatible or causes malfunctioning problems with some software, configurations, operating systems or Customer equipment.
It is the Customer's responsibility to protect his technical equipment especially against any form of contamination by viruses and/or intrusion attempt.
The Customer is solely responsible for the use he makes of the service, and shall not be liable Probois-machinoutils for any and all claims and/or proceedings made against. He undertakes to make it his personal business to any and all claims and/or proceedings brought against Probois-machinoutils and which relate to its use of the service.
Probois-machinoutils reserves the right to modify its services all the modifications and improvements that it deems necessary or useful and will not be liable for damages of any nature that may arise from this fact.
Moreover, Probois-machinoutils reserves the right, without notice or indemnity, to temporarily stop or permanently, a service or all services offered on the Site. Probois-machinoutils will not be liable for damages of any nature that may arise from this fact.
12.3 external Link
The Site may contain hyperlinks to other sites on the Internet. Probois-machinoutils does not make any commitment regarding any other website which the Customer may have access through the Site, and is not in any manner responsible for the content, operation and access to these sites.
12.4 illegal Content / Good manners
Any action of the Customer, which would aim to restrict or inhibit any other customer from using or enjoying the Website is strictly prohibited. Probois-machinoutils remember that the Client may use the Site only for lawful purposes and is prohibited from posting on or transmitting through the Site any unlawful, harmful, defamatory, libelous, pornographic, hateful, racially, ethnically, or otherwise detrimental to human dignity. In case Probois-machinoutils would be informed of the presence of illegal content on the Site, he would be entitled to immediately delete the content. It is also forbidden to collect or store personal information about other customers.
Probois-machinoutils reserves the right not to fulfill orders in violation of the public order or good morals.
12.5 Proof
Unless evidence to the contrary provided by the Client, the systems of automatic recording of Probois-machinoutils are regarded as being worth proof of the nature, content and date of the contract of sale.
ARTICLE 13
FORCE MAJEURE
Are deemed events of force majeure, those who are unpredictable, irresistible and exterior make it impossible to have an absolute manner, the execution of the sale contract in the terms provided.
All events of force majeure, as defined by regulation and case-law constitute a cause for suspension or termination of the obligations of Probois-machinoutils, if the event extends beyond one (1) month. Probois-machinoutils cannot be held responsible for the inexecution of the concluded contract in case of occurrence of any of the events mentioned above.
ARTICLE 14
GOVERNING LAW / CLAIMS AND LITIGATION
The General Conditions of Sale are subject to French law.
In the event of a dispute, the Customer will make his complaints to the Customer Service of Probois-machinoutils in order to find an amicable solution
In the absence of amicable agreement between the Parties, the dispute shall be submitted to French courts
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