1. SCOPE OF APPLICATION
These terms are sent out or given to each purchaser in order to allow him to place an order.
As a result, the placing of an order implies that the purchaser completely and unreservedly accepts these conditions, to the exclusion of any other document such as a prospectus, catalogue or any verbal statement, the latter being only indicative.
No individual conditions may, unless formally accepted in writing by the vendor, take precedence over them. In the same way, the purchaser waives his own general terms of purchase.
If the vendor fails to apply one of these terms at any given moment this may not be interpreted as a waiver of his right to apply them at some subsequent time.
2. FORMATION OF THE CONTRACT
Orders are not definitively accepted until they have been confirmed in writing by the vendor or filled by him (shipping of the equipment).
Any order, which has become definitive may not be cancelled, otherwise the purchase shall be invoiced for the whole of the price of the devices, which shall be immediately payable.
The vendor nevertheless reserves the right, if the purchaser’s credit position deteriorates or if he has legitimate reasons to believe that the purchaser will be unable to pay the price at the agreed due dates, to do the following:
- either to cancel an order in progress, even if it has become definitive,
- or to demand a serious guarantee or a payment prior to delivery, it being specified that the payment is understood to be the receipt of the price.
3. TERMS AND CONDITIONS FOR DELIVERY
The delivery is carried out either by the direct handing over of the device to the purchaser, by simple notification that it is available for him to collect, or by it being handed over to a shipper or a carrier on the vendor’s premises, or by post.
4. DELIVERY TIMES
4.1. The delivery times are shown as accurately as possible. Any exceeding of the times may not give rise to damages, deductions, or to the cancellation of any orders, unless the vendor gives his express agreement.
- The vendor may proceed to make overall or partial deliveries.
- The vendor may be discharged of his delivery obligation in the event of a case of force majeure or some fortuitous event such as the lack of labour, political events, irregularity in the deliveries of raw materials, interruptions or delays in transports, etc., whether these events are applicable to the vendor himself or to his suppliers. In such cases, the vendor may suspend his commitments by extending the agreed deadlines, or may terminate any contracts.
4.2. In any case, delivery within the deadlines may only take place if the purchaser is up-to-date with his obligations towards the vendor, for whatever reason, and in particular those resulting from article 2 above.
4.3. We undertake to ship the device(s) ordered within 48 hours after acceptance of the order by the vendor (subject to availability of stocks).
5. COSTS AND RISKS OF DELIVERY
The devices are deliverable ex-works, in accordance with the Incoterm C.C.I. July 1990, "Ex Works".
The carrier, even when appointed by the vendor, acts on the purchaser’s behalf, at his expense and at his risk.
6. RECEIPT AND RIGHT OF WITHDRAWAL
Without prejudice to the provisions to be made with regard to the carrier, any complaints about apparent defects or the non-conformity of the devices delivered to the devices ordered or to the delivery note must be made in writing within 7 (seven) days following the delivery of the devices.
Once this deadline has expired, no claims shall be admissible in this respect.
The consumer has, within a period of 7 working days from the delivery of his order, a right of return, exchange or reimbursement, for any of the products not meeting his expectations.
The product must be returned in good condition, complete and unused.
If there are any transportation costs to be paid during an exchange or a return, CGV will not pay for them in full.
7. CONSEQUENCES OF RETURNS
If there is any apparent defect or non-conformity of the devices delivered which is duly noted by the vendor under the conditions provided for by article 6, the purchaser may obtain a replacement free of charge, to the exclusion of any indemnity and damages.
In addition to the legal guarantee, the period of validity and the nature of the contractual guarantee are specified in the document which comes with the device.
Under this guarantee, the vendor is under the obligation to replace free of charge any parts considered faulty by the after-sales department, to the exclusion of any damages for any reason whatsoever. The repairs are carried out at the vendor’s workshops.
Any transportation or packaging costs inherent in the shipment shall be borne by the purchaser, those relating to the return of the repaired device shall be borne by the vendor.
9. GUARANTEE EXCLUSIONS
Any request to implement the contractual guarantee shall only be admissible if it is made in writing and if the purchaser is up-to-date with his financial obligations in respect of the vendor.
Any faults and damage caused by normal wear and tear, by an external accident, an installation which does not comply with good practice, opening and tampering with the device by a third party are excluded from the guarantee.
The devices are supplied at the price in force on the day on which the order is placed. Prices are net, ex-works, and outer packaging and insurance are not included, except in case of special provisions or when specially mentioned on the price-list.
11. TERMS AND CONDITIONS OF PAYMENT
Invoices are payable at the vendor’s headquarters by credit card, cheque, transfer or by advance, except in the case of any individual conditions between the purchaser and the vendor.
The following constitutes a payment under the terms of these conditions: not the simple sending of a cheque or a bill, but the settlement of the whole of the invoice at the due date.
Any deterioration in the purchaser’s credit may justify the demanding of guarantees or a settlement in cash or by drafts payable on sight prior to the filling of the orders received or prior to the due date on the invoices raised. In the same way the vendor reserves the right, at any time, according to the risks incurred, to set a ceiling or credit limit for each purchaser, it being specified that these terms and conditions are valid for any order which may be in progress.
If the purchaser refuses to meet these conditions this shall give the vendor the right to either cancel all or part of the orders, or to declare all sums due to be immediately payable.
12. PROOF OF IDENTITY
Similarly, for any order whatsoever, the seller reserves the right to demand the production of an identity document providing indisputable proof of the buyer’s identity.
If the identity document produced does not give all necessary guarantees as to the buyer’s creditworthiness, the seller may refuse to take the order.
13. DELAY OR DEFAULT IN PAYMENT
The total for any orders shipped and which have not been paid for by the client shall be limited to the credit outstanding granted by CGV’s credit insurance.
In the case of any delay in payment, the vendor may suspend all orders in progress, without prejudice to any other action.
Any sum which has not been paid when the invoice falls due shall, ispo jure, give rise, without advance notice, to the payment of interest for delay at the legal rate from the date when the invoice fell due until the date on which it is paid.
In the case of any default in payment forty-eight hours after formal notification producing no effect, the sale may be ipso jure terminated if the vendor so wishes, and the latter may take action for the immediate returning of the devices, without prejudice to any other damages. The termination shall affect not only the order in question, but also any other previous orders, whether they have been delivered or are in the process of being delivered and whether or not they are due to be paid.
The non-payment of a single sum due shall lead to the whole of the debt becoming immediately payable, after formal notice. The same goes for any change relating to the personality of the purchaser or his credit status. In all of the cases mentioned above, any sums which are due for other reasons shall become immediately payable, if the vendor does not choose to terminate the corresponding orders.
The purchaser must reimburse all costs caused by the legal recovery of the sums due, in addition to compensation of twenty per cent of the unpaid total.
Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without the vendor’s written prior agreement. Any partial payment shall be initially deemed to relate to the interest, then to the sums which were due at the earliest date.
No delay or default in payment may be subsequently justified by a complaint.
Ipso jure, penalties shall be applied under the terms of the law of 31st December 1992, if the sums due are paid after the payment date appearing on the invoice, when the payment takes place beyond the period set in these conditions. These penalties shall be at one and a half times the legal interest rate.
The indemnity of 40€ is due in full on the first day payment is late, regardless of the delay applicable to the transaction, (a supplementary delay provided for in Article L. 441-6 para.8, an agreed delay provided for in Article L. 441-6 para.9, a reglementary delay provided for in Article L. 441-6I para.11, or a schedule as in 1° to 4° of Article L. 443-1).
14. RESERVATION OF TITLE OF OWNERSHIP
The vendor reserves the title to any devices delivered until the purchaser has paid the full price.
Any claims will be made by registered letter with proof of receipt sent to the purchaser, enjoining him to return the goods to the vendor.
Any claiming of the merchandise under reservation of title does not constitute voiding or termination of the contract of sale.
The claim may be made by the vendor if the purchaser fails to meet any of his obligations and in particular in the case of any failure for a draft to clear and if the vendor should have any legitimate reasons to believe that the purchaser will be unable to meet the agreed schedule of payments.
All of the costs incurred by the claim on the merchandise or its price shall be exclusively borne by the purchaser.
15. COMPETENT COURTS - APPLICABLE LAW
Any disputes shall be expressly settled by the Courts of STRASBOURG ruling in application of French law.
16. SECURITY OF TRANSACTIONS
Our site uses an SSL secure payment system provided by CIC (Group Credit Mutuel), which guarantees you the most effective encryption possible for any sensitive data linked to the means of payment.
17. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the cgv.fr site are reserved under copyright and intellectual property for the whole world. Thus, and in accordance with the provisions of the Code of Intellectual Property, only private use is authorised under reservation of any different or more restrictive provisions under the code of intellectual property. Any other use shall be deemed to be an infringement and is punishable under Intellectual Property unless previously authorised by CGV. Any total or partial reproduction of the CGV catalogue is strictly prohibited.
The products offered for sale comply with the French legislation which is currently in force. CGV may not be held liable in the case of failure to respect the legislation in the country to which the products are shipped. It is your responsibility to check with the local authorities about the possibility of importing or using the products or services which you intend to order.
The photographs and texts reproduced to illustrate the products shown are not contractually binding. As a result, CGV may not be held liable for any mistakes in any of these photographs or texts.
CGV may not be held liable for the failure to execute a contract which has been entered into if stocks of the product are not available, in cases of force majeure, disruption or total or partial strikes at the postal, transportation and/or communications services, flooding or fire.
Hypertext links may refer to other sites outside the cgv.fr site. CGV cannot take any responsibility if the content of any such sites should infringe the legal and regulatory provisions which are currently in force.
The reservation of title in no way modifies the purchaser’s obligations and risks as defined by "Ex Works" sale.