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In accordance with the provisions of Articles 6-III and 19 of the Law for Confidence in the Digital Economy, we inform you that:
This site is published by the company:
FINAL - Advanced materials - 1 rue des vergers - 67160 Rott - France
Capital: 48,800.00 Euros - SIRET: 348,409,897,00017
EEC VAT: FR92 348409897 - RCS Strasbourg B 348 409 897
Director of the publication: Mr. Meury Gilles.
The provider providing direct and permanent storage is:
OVH
SAS with a capital of 10 000 000 € - RCS Roubaix - Tourcoing 424 761 419 00045
APE code 6202A - VAT number: FR 22 424 761 419
Headquarters: 2 rue Kellermann - 59100 Roubaix - France.
The provider providing the design, creation and technical realization is:
Agence B
(a brand of the Elementaire group)
17, rue de Rosheim
67000 Strasbourg
FRANCE
Intellectual property :
The general structure as well as the software, texts, images animated or not, its know-how and all the other elements composing the site are the exclusive property of FINAL - Advanced materials.
Any total or partial representation of this site by any person whatsoever without the express authorization of FINAL - Advanced materials is prohibited and constitutes an infringement punishable by articles L. 335-2 and following of the Code of intellectual property.
The same applies to the databases, if any, on the website which are protected by the provisions of the law of the 1st July 1998 transposing in the Intellectual Property Code the Directive of 11 March 1996 on legal protection of databases, of which FINAL - Advanced materials is a producer.
The brands of FINAL - Advanced materials and its partners, as well as the logos appearing on the site are registered trademarks.
Any total or partial reproduction of these brands or logos made from the elements of the site without the express authorization of FINAL - Advanced materials is prohibited under the Code of Intellectual Property.
FINAL - Advanced materials can not be responsible for the access by the users via the hypertext links set up within the framework of the website towards other resources present on the network.
Any dispute in connection with the use of the site "www.final-materials.com" is subject to French law. The user acknowledges the exclusive jurisdiction of the competent courts of Strasbourg.
GENERAL TERMS AND CONDITIONS OF SALE AND ASSOCIATED SERVICES (Applicable on all Deliveries made in Metropolitan France and Corsica.)
1. GENERAL PRINCIPLES
These Terms and Conditions of Sale and Associated Services (hereafter "the Conditions"), are intended to govern all sales of products and all services associated with these sales made by FINAL ADVANCED MATERIALS in Metropolitan France and Corsica to destination. persons acting in the course of their professional activity. For all sales / services carried out outside the aforementioned territory, the general conditions of sale "Export" will apply.
Any order placed with FINAL ADVANCED MATERIALS necessarily implies, as an essential and decisive condition, the unconditional acceptance by the Customer of the Conditions in force on the day of the order concerned. By the same token, the Customer expressly waives all of its terms of purchase or any other commercial document, unless FINAL ADVANCED MATERIALS has expressly and priorly accepted them.
In addition, the Customer acknowledges that acceptance of the Terms will result in their being applied to the order to which they relate as well as to any subsequent order, except in the event that new conditions are brought to its attention. The fact that FINAL ADVANCED MATERIALS does not avail itself of any of the Terms at any point in time shall not be construed as a waiver of any future or past benefit.
Applicable law and competent jurisdiction: the interpretation and the execution of the conditions as well as all the acts which will be the consequence, will be subjected to the French law. Any dispute as to their validity, interpretation or execution shall be submitted to the exclusive jurisdiction of the Paris Commercial Court, FINAL ADVANCED MATERIALS reserving the right to use any other competent court of its choice.
2. PRODUCTS
The products offered for sale are those listed in the FINAL ADVANCED MATERIALS catalogs (paper, electronic), it being specified that FINAL ADVANCED MATERIALS reserves the right to modify at any time the range of products considered.
FINAL ADVANCED MATERIALS product offerings are subject to the availability of these products.
Moreover, it is understood that the characteristics, dimensions, weights, photos, graphic representations specified in the catalog are only indicative. FINAL ADVANCED MATERIALS reserves the right to replace the product referred to in the order even after receipt of the order without, however, affecting the essential characteristics of the product under consideration.
In accordance with Article 18 of Decree 2005-829 on the composition of electrical and electronic equipment and the disposal of waste from such equipment, the obligations related to the organization and financing of the removal and treatment of this waste is transferred to the Customer, unless otherwise expressly stipulated by law or regulation. For this purpose, the Customer ensures the collection of equipment purchased, its processing and valuation, in accordance with Article 21 of said Decree.
3. ASSOCIATED BENEFITS
FINAL ADVANCED MATERIALS may also offer services related to the sale of products. Final Advanced Materials reserves the right to modify the scope of the services at any time. Without prejudice to the other stipulations of these Conditions, the scope and the precise conditions of performance of the services are defined between the Customer and FINAL ADVANCED MATERIALS when ordering them.
Whatever the execution conditions defined between the parties at the time of the order, it is understood that it is the Customer's responsibility to ensure the preparation of the premises / location for the performance of services. The lack or inadequacy of the necessary adjustments, on the day of performance of the services, may justify, at the option of FINAL ADVANCED MATERIALS, the non-performance of the services ordered and / or an increase in the price according to the new estimate or additional quote and / or the billing of expenses incurred by FINAL ADVANCED MATERIALS.
4. ORDER
Any order placed by the Customer to enter into FINAL ADVANCED MATERIALS must have been formally accepted by FINAL ADVANCED MATERIALS. With regard to the products and services and at the request of the Customer, any estimate must be accepted by the Customer, and in any event, any performance of the service will be tacit acceptance of the quote by the Customer. The estimate is established in consideration of the needs expressed by the Customer. Any modification and / or extension of the services initially requested will lead to the establishment of a new estimate or an additional estimate.
5. DELIVERY / EXECUTION PERIODS OF THE ASSOCIATED BENEFITS
Delivery times and, if applicable, execution of the associated services are specified in the site or at the time of the order.
It is expressly understood that these deadlines can only be indicative, as their non-compliance can in no way engage the responsibility of FINAL ADVANCED MATERIALS. In case of exceeding the deadline of more than 45 working days, the Customer may cancel all or part of his order subject to prior notice FINAL ADVANCED MATERIALS by registered letter with acknowledgment of receipt.
This cancellation option is excluded for custom products. FINAL ADVANCED MATERIALS is authorized to make deliveries in whole or in part. In any event, timely delivery can only occur if the Customer has fulfilled all of its obligations with respect to FINAL ADVANCED MATERIALS.
In the case of a special manufacture, a delay in delivery can not lead to a cancellation of the order.
6. RISK TRANSFER
The risks and the responsibility of the sold products are transferred to the Customer as soon as they are taken over by the carriers from the warehouses of FINAL ADVANCED MATERIALS or the factories of the suppliers of this one and this, even in the case of delivery free of charge. . The products are insured only on express instructions and at the expense of the Customer.
When receiving the products, it is the Customer's responsibility to check, in the presence of the carrier, the good condition of the delivered products. In case of loss or damage upon receipt, the Customer shall issue any reservations in accordance with Article L133-3 of the Commercial Code.
7. COMPLIANCE WITH DELIVERY / BENEFITS
Without prejudice to the other stipulations of these Conditions, the conformity of the delivery of the products / services will be deemed accepted
- unless the Client has written reservations to FINAL ADVANCED MATERIALS with proof of non-compliance within 72 hours of delivery, for products without associated services;
- with the exception of written and reasoned reservations included in the delivery order for the delivered products and related services.
8. BACK
8.1 Exchange or refund: In the event that the delivered products do not correspond to the expectations of the Customer, FINAL ADVANCED MATERIALS will be able, under the reservations hereafter set forth, to accept the return of the concerned products and to either exchange the product, or to issue a credit an amount equivalent to the amount initially invoiced for products whose return has been accepted (packaging and transportation costs excluded), and which will be credited to the Customer's account. In case of exchange, in the event that the exchanged product would be at a higher price than the one initially ordered, the Customer would be billed the additional price and in the event that the exchanged product would be at a lower price than the one initially ordered FINAL ADVANCED MATERIALS will issue a matching credit.
Any acceptance of return is subject to the following conditions:
-The value of the order line can not exceed 1000 €;
-The Customer has a maximum of 30 working days from the date of taking delivery of the product concerned to make his request for return to FINAL ADVANCED MATERIALS:
- By telephone
- By fax
- On the FINAL ADVANCED MATERIALS website
- The product must be strictly standard, excluding any product made specifically for the Customer or any product adapted to the request of the latter;
- The cost of packing and transport for return and reshipment are the responsibility of the customer, with the exception of returns whose cause could be attributable to FINAL ADVANCED MATERIALS.
- The organization of the transport of the returned or redirected products (choice, conditions of intervention and cost of the carrier) belongs to FINAL ADVANCED MATERIALS. However, if the Customer wishes to organize the transport himself, he assumes the risks and the responsibility of the products, the transport costs remaining at his expense.
-The returned product must be in perfect condition, without having been used, with all of its accessories and documentation and in its original unaltered packaging (or any other clean packaging ensuring the integrity of the product at during transport operations). Insufficient packaging may result in the refusal to take charge of the goods by our carrier.
- FINAL ADVANCED MATERIALS must have previously agreed in writing to the Client's request and has communicated to the latter a reference file and instructions to follow on the return procedure. Failure to comply with the foregoing conditions will result in the outright rejection of the return, it being understood that FINAL ADVANCED MATERIALS can not under any circumstances incur any liability with respect to the risks associated with the product concerned, even if it would be in its premises. Taking into account the conditions of return of the products as defined above, it is expressly understood that any return of the delivered products having been the object of related services is excluded.
9. PRICES AND CONDITIONS OF PAYMENT
The selling price of the products is the price appearing on the site and in force at the time of the order. If, for economic reasons, particularly in the event of an increase in the price of raw materials, certain prices were to be modified before the end of the validity period of the catalog, the Customer will be informed in advance at the time of the order . The price of the services is defined in the corresponding estimate and as referred to in article 4 above. Prices are exclusive of taxes, excluding installation fees and possible installation, excluding (i) packaging costs of products and (ii) delivery charges.
Payment is due upon receipt of invoice. Payment can be made by draft, check, transfer, credit card or levy. The FINAL ADVANCED MATERIALS invoice numbers must accompany the regulations. In any event, FINAL ADVANCED MATERIALS reserves the right to submit any acceptance of the order to the payment of a deposit.
Any default or late payment shall be without prejudice to the other rights of FINAL ADVANCED MATERIALS, the application of penalties of delay equivalent to three times the rate of the legal interest in force on the due date of the payment of the concerned invoice thus that a fixed compensation of 40 € for recovery costs, conditions imposed by Article L441-6 of the Commercial Code. The amount of the penalties will then be charged automatically on all sums due by the Customer to FINAL ADVANCED MATERIALS, for whatever reason.
In addition, and in the event of delay in the execution of its obligation of payment, the Client will, if FINAL ADVANCED MATERIALS considers it useful, forfeited the term for all the payments to intervene which will become immediately exigible, notwithstanding the application of the others terms and conditions without prejudice to the other rights of FINAL ADVANCED MATERIALS. Thus, and in particular by the effect of the aforementioned formal notice, FINAL ADVANCED MATERIALS may ipso jure proceed to the resolution of the sale. FINAL ADVANCED MATERIALS reserves the right to condition any acceptance of new orders from the Customer to the fact that it is up to date with its payments.
In the event that FINAL ADVANCED MATERIALS nevertheless accepts the order, it may subject it to specific payment conditions and in particular to a payment with the order. Under no circumstances may payments due to FINAL ADVANCED MATERIALS be suspended or subject to any reduction or compensation without the written consent of FINAL ADVANCED MATERIALS.
10. RESERVATION OF OWNERSHIP
Unless FINAL ADVANCED MATERIALS has given the Customer prior to the delivery of each order, FINAL ADVANCED MATERIALS will retain full ownership of the delivered products until full payment of the corresponding price and accessories as well as up to the date of delivery. perfect performance by the Customer of his obligations towards FINAL ADVANCED MATERIALS. Until this date, the delivered products will be considered as recorded and the Customer will bear all the risks related to the damage that the products concerned could undergo or cause for any reason whatsoever.
In addition, the products can not be resold without the prior written consent of FINAL ADVANCED MATERIALS. Notwithstanding any clause to the contrary in the event of non-compliance by the Customer with a payment deadline, FINAL ADVANCED MATERIALS, without prejudice to his other rights, may obtain, by right and on notification sent to the Customer by registered letter with acknowledgment of receipt , the return of the products concerned at the Customer's expense.
11. WARRANTY
In accordance with the regulations in force, any sale of products is subject to legal guarantees and more specifically to the guarantee of hidden defects as defined in articles 1641 and following of the Civil Code. In addition to these warranties, FINAL ADVANCED MATERIALS undertakes to provide the Customer with a conventional warranty of at least one year against any malfunction from the date of delivery of the product for the delivered products. without benefits, ie as from the signature of the service delivery order for the products associated with services.
The conventional warranty covers, at the option of FINAL ADVANCED MATERIALS, the repair of the product concerned (parts and labor included) in view of the defect found by the technical services of FINAL ADVANCED MATERIALS or the replacement of the product by a product with functionalities at least equivalent. Some products may benefit from a contractual guarantee of more than 1 year or a specific guarantee, according to the specifications stipulated in our contracts. Unless specifically agreed by FINAL ADVANCED MATERIALS, the cost of packaging and transport for the return and return of the product are the responsibility of the Customer.
The benefit of the conventional guarantee is subject to:
(I) upon receipt by FINAL ADVANCED MATERIALS of a letter sent by registered letter with acknowledgment of receipt notifying the defect noted;
(II) upon return of the product concerned, accompanied by the corresponding invoice;
(III) the finding by FINAL ADVANCED MATERIALS of the defect invoked.
The conventional guarantee is excluded in the following hypotheses:
-produced with a limited date of use / consumption (presence of an expiry date ...),
-Unnormal or improper use of the product with regard to its own specifications or negligence of the Customer in the storage / maintenance of the product,
- normal wear of the product,
-transformation of the product or incompatibility with other materials.
The implementation of the guarantee can not have the effect of extending or extending the duration.
12. LIABILITY
Unless otherwise required by law,
- the responsibility of FINAL ADVANCED MATERIALS can be committed only on proven fault and exclusive in the realization of the damage;
- FINAL ADVANCED MATERIALS will in no way be held liable to the Customer for any indirect damage such as prejudice or commercial disorder, loss of customers, loss of benefits, loss of brand image or loss of data;
- In any case, the responsibility of FINAL ADVANCED MATERIALS towards the Customer can not (i) be sought beyond 6 months following the occurrence of the event causing it and (ii) exceed the total amount HT paid by the Customer to FINAL ADVANCED MATERIALS under the order that generated its responsibility. In the event of a dispute, only the district court of Wissembourg is considered as a place of jurisdiction.
13. FORCE MAJEURE
The parties can not be held responsible for any breach of any of their obligations in the event of the occurrence of an event of force majeure as defined in the Civil Code. Force majeure includes, but is not limited to: fires, interruption of computer and telecommunications systems, transportation incidents or failures, strike, block out, prohibition or embargoes of imports or exports.
14. COMPUTING AND FREEDOM
As part of the orders, FINAL ADVANCED MATERIALS is required to collect personal data. These data are processed and stored under conditions designed to ensure their security. Some of this data is essential to the processing of customer requests or orders. In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and delete data concerning him.
The Customer is therefore likely to receive promotional offers from FINAL ADVANCED MATERIALS. If he does not wish, he may object, either by writing to FINAL ADVANCED MATERIALS -1 rue des orchards - Rott - 67162 Wissembourg Cedex or info@final.fr, or when these offers are sent by email, at the time of collection or by clicking on the unsubscribe link therein. This information will only be communicated to third parties if the Customer has expressly given his prior consent.