TERMS AND CONDITIONS OF SALE
PURPOSE
Goods sold by Orientys through www.orientys.fr are only intended for professionals (trading companies, industrial companies, liberal professionals, artisans, merchants, associations and communities etc.) and only for their business needs, to the exclusion of individuals and deliveries in Europe.
These terms and Conditions of Sale exclusively govern relations between Orientys and business customers (Customers) who order goods through the Site.
By placing orders for goods on the Site, Customers fully and unreservedly accept these Terms and Conditions of Sale, which shall prevail over any other special condition of the Customer, including terms and conditions of purchase, other than in the event of prior written waiver on the part of Orientys.
If Orientys, at a given time, does not enforce any provision of these Terms and Conditions of Sale, this cannot be interpreted as waiver of its later right to enforce said provision.
Orientys reserves the right to amend, at any time, these Terms and Conditions of Sale.
ARTICLE 1 – COMPANY
Orientys is a Limited Company with headquarters at BOIS-GUILLAUME (76 230), 65, rue Reine des BOIS and is registered in the Register of Commerce and Companies of Rouen.
Our team is available Monday to Friday, 8:30 to 16:30.
ARTICLE 2 – COMPANY
These Orientys terms and conditions of sale define the rights and obligations of the parties in sales of products and services by Orientys to Members and/or Customers of the Internet site www.orientys.fr.
The Customer declares that he has read and accepts his rights and obligations. Any order placed for services is governed by these conditions.
ARTICLE 3 – PROFESSIONAL CUSTOMER ACCOUNT
3.1 In order to purchase goods on the website the Customer must create an Account enabling him to identify himself on the Internet Site and enable the correct execution of the order by Orientys. This account creation will be validated by Orientys which is the only body empowered to do so.
3.2 To create the account the Customer must provide data such as: company name, buyer name and surname, address, telephone number, valid e-mail address (to be used as the username), plus bank details (credit card number, except where another payment method is selected).
3.3 The Customer is asked to choose a password to link to his e-mail address. This password must be kept confidential by the customer, and must not, therefore, be disclosed to third parties. Orientys shall not be liable for the harmful consequences of any disclosure (voluntary or involuntary) of the Customer's password.
3.4 If the Customer forgets the password, he can create a new one using a form on the website; when the form is submitted an e-mail is sent to the Customer's email address with a new password.
ARTICLE 4 –PRICES
4.1. The prices of our products are indicated in euros net of taxes. Prices shown do not include shipping costs, which are billed in addition to the prices of purchased products according to the order amount, unless special conditions apply.
4.2. All orders, regardless of their origin, are payable in Euros.
4.3. Orientys reserves the right to change its prices at any time but products will be invoiced based on rates in force at the time that the orders are registered, subject to availability at that date. This change will be reported to the buyer before any order.
4.4. The VAT indicated on the order is the applicable rate on the day of the order.
4.5. The vendor's VAT rate is applicable regardless of the origin of the buyer, i.e. 19.6 % subject to modification in the French VAT rate.
4.6. If the delivery is outside the European Union, customs fees and related formalities shall remain the sole responsibility of the purchaser.
ARTICLE 5 – RESERVATION OF OWNERSHIP
Products purchased on www.orientys.fr remain the property of Orientys until full payment.
ARTICLE 6 – ORDER
6.1 Orders placed on the website www.orientys.fr go through several validation steps in response to clicks performed by the customer. Final validation during the order process entails acceptance of the information listed in these Terms and Conditions of Sale.
6.2 All Customer orders are closed and final once they are received by Orientys.
6.3 Any subsequent changes to the order for whatever reason, particularly in terms of goods or delivery times, are only possible with the express prior agreement of Orientys. If Orientys accepts any changes desired by the Customer, there may be delay to the initially agreed delivery times.
6.4 In accordance with Art. 1369-2 of the Civil Code, Orientys undertakes to confirm the Customer's order by sending an acknowledgment of receipt by e-mail within 24 h. The email will specify the content of the order, its cost, selected payment method chosen and form of delivery.
ARTICLE 7 – PROOF
Unless proven otherwise, data recorded on www.orientys.fr archived by the vendor, shall constitute proof of the all previous transactions by Orientys and its customers.
ARTICLE 8 – GOODS
8.1 Orientys reserves the right at any time to make any changes that it deems useful to its goods, which may be in current orders. It also reserves the right to change, without prior notice, the models presented on the Site.
8.2 The texts, illustrations and photos accompanying the presentation of the goods for sale on the Site have no contractual nature and are not legally binding on Orientys in any way whatsoever.
8.3 The use of the brands presented on the Site is strictly reserved for the companies that own them.
ARTICLE 9 – AVAILABILITY OF GOODS
9.1 Orientys offers its goods subject to visibility on the Site and within the limits of available stocks. The availability of the goods is indicated when the order is placed.
9.2 In the event of stock outs affecting the current order, Orientys shall immediately and by all means, indicate a new delivery time to the Customer. In this case, the Customer may cancel the order and be reimbursed for any deposit paid to Orientys.
9.3 If a product offered for sale is unavailable, Orientys may offer the Customer a replacement item similar to the originally ordered product, subject to the agreement of the customer.
9.4 In the event of failure of its suppliers, Orientys reserves the right to cancel all or part of the orders and undertakes in such cases to repay the Customer by all means any amounts already paid.
ARTICLE 10 - DELIVERY
10.1 General: Products purchased on the website www.orientys.fr are shipped as per the times stipulated in this paragraph following validation of the order and the obtaining of customs documents if necessary (Outside EU). Products are delivered to the delivery address specified during the order process. In case of delay, an email will be sent to you. The delivery time is 15 days maximum and the vendor shall not be held liable for delay due to force majeure. For payment by credit card or retail card the times indicated are averages times and cover processing and delivery times for products shipped to metropolitan France and Monaco.
10.2 - Delivery problems. When you receive the product you must inform Orientys of any complaints about the delivered product (e.g. damaged package, already open etc.) and note them on the signature slip that you will be presented by the carrier. If the parcel is lost or not received, please contact us as soon as possible so that we can check with the delivery services.
10.3 - Product compliance. Orientys undertakes to reimburse you or exchange any products that were not part of your order. In such cases please send detailed information in writing and return the product or products to us. Orientys will exchange or refund the product or products. The request must be made within fifteen working days of delivery. Any claim outside this period cannot be accepted. Products must be returned to us in the condition in which you received them, with all the items delivered (box, basket, packaging, etc.). You will be reimbursed for the postage based on the billed rate. In all instances you are covered by legal warranty provisions including those covering hidden defects.
ARTICLE 11 – PAYMENT
11.1 Unless otherwise agreed, all sales must be settled in cash (without discount or reduction) by bank cheque payable to Orientys, bank transfer or bank card (credit card, debit card or Eurocard - Visa Mastercard) no later than 30 (thirty) calendar days from the invoice date. However, Orientys reserves the right to demand settlement of the entire sale price on placement of the order or upon receipt of the invoice, depending on the nature of the order or its amount or because of recurring payment incidents.
11.2 In the case of sale with deferred payment, this must be settled by the due date specified on the corresponding invoice.
No discount is offered for early payment. Other than by prior express agreement of Orientys to an extension of the due date on the invoice, any delay in payment shall cumulatively entail:
- immediate and automatic enforcement of all sums due from the Customer, regardless of settlement method provided,
- arrears interest at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 (ten) points.
- under decree No.2012-1115 of 2 October, 2012 derived from Law 2012-387 of 22 March, 2012, the application of a flat-rate compensation of 40 € (forty euros) for the costs of collection, notwithstanding any and all damages or compensation that Orientys may claim.
Moreover, Orientys reserves the right to suspend or terminate all pending orders from the Customer, after sending notice of arrears to no effect.
The arrears interest amount may be charged as of right, on all discounts, rebates or reductions specially agreed by Orientys.
ARTICLE 12 - INTELLECTUAL PROPERTY
In accordance with the provisions of the intellectual property code, only private use subject to different or other more restrictive provisions of the intellectual property code is allowed. Any total or partial reproduction of the site www.orientys.fr is strictly prohibited.
ARTICLE 13 - NOMINATIVE INFORMATION
Orientys undertakes not to disclose information provided to third parties. The information is confidential. Information shall only be used to processing your order and to improve and customize communication and product reservations for Orientys customers, notably in the information notices posted on www.orientys.fr to which you are also entitled as part of the customization of the site according to your interests. You have a right of access, rectification and objection to any personal data about you contained in this information. You simply need to make your request online or by mail indicating your name, surname, address and if possible your customer reference.
ARTICLE 14 - RESPONSIBILITY
14.1 The products offered comply with French legislation in force and with the standards applicable in France. Orientys shall not be held liable for any non-compliance with the legislation of the country where the product is delivered (for example in the case of prohibition of a product etc.) It is your responsibility to check with the local authorities about whether or not you can import or use the products or services that you plan to order.
14.2 Orientys shall not be held liable for breach of contract, in the event of force majeure, stock out, disturbance or general or partial strike, including of postal services and means of transport and/or communications, flooding, fire. For professional purchases, the company accepts no liability for indirect damage hereunder, operating loss, loss of profit, loss of chance, damages or charges, which may occur as a result of the purchase of the products. Orientys shall not be held liable for any indirect damage that may occur as a result of the purchase of products.
14.3 The vendor shall not be held liable if there is no recipient present when the products are delivered and/or the Customer (or person designated by the Customer) collects the products late or fails to collect the products from the carrier after the latter has left a delivery note for the recipient.
14.4 Note regarding phishing: this is a means of deceiving web users by making a perfect copy of a site so that the user believes that he is ordering on the trader's official site. If Orientys, the vendor, is a victim of this manipulation, it shall not be held liable as it is itself a victim.
ARTICLE 15 - APPLICABLE LAW - LITIGATION
15.1 Sales through the Site in accordance with these Terms and Conditions of Sale are governed by French law.
15.2 The Commercial Court of Rouen has sole jurisdiction for litigation of any nature or dispute relating to these terms and conditions of sale and to the sale contracts agreed by the Customer with Orientys,
