General terms of sale :
General terms of sale applicable for the sale online
General terms of sale
All order taking for a product appearing on the website's online store assume a prior consultation of those general terms of sale. Therefore, the consumer recognizes to be perfectly informed that his accord concerning the constitution of the present general terms of sale doesn't need an handwritten sign of this document, as well as the customer wants to order online the products introduced on the website store. The consumer have the possibility to save or edit those general terms of sale, precising that the saving and editing of this document is only under his responsability.
The consumer accepts to have the entire legal capacity permitting him to respect those general terms of sale.
Article 1 : The completeness
The present general terms of sale express the completeness of the parties' obligations. On this way, the customer is regarded as accepting without reserve all the measures planned in those general terms. No general or specific condition appearing in the sent documents or put back by the customer, can become integrated into the present terms, since these documents would be incompatible with these general conditions.
Article 2 : Object
The present general terms have to give a definition of the parties' rights and obligations in the case of goods and services proposed from the society to the customer.
Article 3 : Contractual document
The present contract is formed by the following contractual documents, presented in hierarchical decreasing order : the present general terms; the order form. In case of contradiction between measures contained in documents of different rank, the measures of the upper rank document will prevail.
Article 4 : Come into force – duration
The present general terms take effect from the time of the order form signing. Those present general terms are conclued for the necessary duration of the subscribed goods and services' supply, until the extinction of the guarantee owing to Alliages Industries company.
Article 5 : Electronic signature
The consumer's "double clik" on our sale website online for the order form, is an electronic signature which have, between the parties, the same valor that a hand-written signature.
Article 6 : Order confirmation
Contractual informations will be the subject of a confirmation by e-mail at the latest at the moment of the delivery, or if it is not the c ase, to the adress mentioned by the consumer in the order form.
In the case of a verbal order, it must be confirmed by an orginal application.
Article 7 : Transaction's proof
Computerized registers, conserved in the society's computer system in reasonable conditions of security, will be regarded as the communications' proof, the order and payments raised between the parties. Order forms and facturation archive is made on a reliable and durable back up which can be produced for a proof.
Article 8 : Products informations
8-a : The company introduces on its website the products to sell with the necessary characteristics which permit to respect the Article L 111-1 of the Consumption Code, which plans the possibility for the potential consumer to know, before the definitive order taking, the essential characteristics of the products he wants to buy.
8-b : The offers presented by the company are valid only while stocks last.
Article 9 : Price
Prices are indicated in « euros exclusive of tax » and are valid only at the time of the order form's saving. They do not take into account expenses of delivery, charged in supplement and indicated before the validation of the order. The totality of the price payment must be realized during the order. At no time, the paid sums can be considered as deposit or advances.
Article 10 : Method of payment
To settle his order, the consumer can choose one of all the payment conditions aimed within the order form. The consumer guarantees to the society that he get the possibly necessary authorizations to use the method of payment he has chosen, during the validation of the order form. Alliages Industries company reserves the right to suspend any management of order and any delivery in case of a refusal of a credit card payment authorization from the officially accredited agencies or in case of not payment. Alliages Industries company reserves in particular the right to refuse to make a delivery or to honor an order emanating from a consumer who would not have settled completly or partially a previous order or with whom a dispute of payment would be in the course of administration.
Article 11 : Products availability
The order will be executed at the latest within 7 days from the day following the customer order placing. In case of unavailability of the ordered product, in particular because of our suppliers, the customer will be informed about it as soon as possible and will have the possibility to cancel his order. Then, the customer will have the choice to ask for the repayment of the sums paid by re-credit in 30 days at the latest of their definitive imputation at the society's account, or for the exchange of the product.
Article 12 : Terms of delivery
Products are delivered to the adress mentioned by the customer in the order form. The customer have to check the packaging and the supply's state at the delivery and must report the damages to the carrier in the delivery form and to Alliages Industries company 8 bis rue Gutenberg 91070 Bondoufle, within one week. The customer can, on his request, obtain an invoice sending to the invocing adress and not to the delivery adress by validing the planned option to that end in the order form.
Germany, Belgium, Luxembourg, Holland
Austria, Spain, Great Britain, Italy
Denmark, Estonia, Finland, Hungary, Ireland, Latvia, Lithuania, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Sweden, Norway
Greece, Bulgaria, Romania
Delivery deadlines : Delivery deadlines are honestly given by us without commitment. We shall not accept request of damages or penalty.
Sendings are made from the following morning of your order taking.
In the case you choose to settle by transfer or bank check, the order will be handled only at the receipt of this one and the deadlines will run as a consequence.
Charges of transport and packaging: the calculation of the amount of the charges of transport and packaging will be automatically established according to the weight of products and to the destination of the delivery.
Article 13 : Delivery problems because of the carrier
Any anomaly concerning the delivery (damage, product missing in relation with the delivery form, damaged parcel, broken products...) have to be indicated in the delivery form of « handwritten reserves », accompanied by the customer's signature. At the same time, the customer must confirm this anomaly by adressing a registered mail to the carrier within the two working days following the date of the delivery, with acknowledgement reception exposing the said reclamations. The customer will send a copy of this mail by fax or by post to : +33 1 69 11 50 51
Service to customer,
8 bis rue Gutenberg 91070 Bondoufle France
Article 14 : Delivery's mistakes
14-a : The consumer will have to make the same day of the delivery's, to AI society, or at the latest the first working day following the delivery, all mistakes complaints of delivery and/or of not compliance of the products in kind or in quality with regard to the indications appearing on the order form. Any complaint formulated after this deadline will be rejected.
14-b: The formulation of this complaint to the company AI can be made to firstname.lastname@example.org. No return will be accepted .
14-c: Any complaint not made in the defined rules above, and within the time limits cannot be taken into account and will loosen the AI company of any responsibility in regard to the consumer.
14-d: At the reception of the complaint, AI company will attribute a number of exchange of the one or the several product(s) concerned and will communicate it by e-mail, by fax or by telephone to the consumer. The exchange of a product can take place only after the attribution of an exchange number to the consumer according to the approach presented above.
14-e: In case of mistake in delivery or in exchange, every product to exchange or to be paid off must have to be returned to the AI company in its completeness and in its original packaging, by Recommanded Parcel, at the following address:
Service to customer
8 bis rue Gutenberg 91070 Bondoufle France
Article 15 : Products guarantee
Material and supplies delivered by the seller are garanteed until competition of the guarantee granted by the supplier or the manufacturer. For this guarantee, the only obligation for AI is the replacment or the reparation of the product recognized as defective by its services. Defaults and deterioration provocated by natural using, by foreign accident (incorrect assembly, defective maintain, anormal use) or by a not planned or specified modification by AI or by the manufacturer, is excluded of the guarantee.
Article 16 : Right of revocation
The consumer have a deadline of 7 working days to return, to his charges, the products which doesn't suit him. This extension start from the delivery day of the customer's order. If the deadline expires a saturday, a monday or a legal holiday, it will extend until the next first working day. Any return have to be indicated before to the Service to customer of AI company at the following adress : Contact@brasage.com. The product have to be returned in Recommanded Colissimo to AI 8 bis rue Gutenberg 91070 Bondoufle France.
Only products sent in their completness will be taken back, in their complete and intact original packaging, and in perfect condition to resale. Every products which will have been damaged, or which original packaging will have been damaged, will neither be paid off nor exchange. This right to withdraw is applied without penalty, with the exception of the expenses of return. In the hypothesis of the right to withdraw exercice, the consumer has the choice to ask either for the repayment of the paid sums, or for the exchange of the product. In the case of an exchange, the forwarding will be made at the consumer's charges.
In case of exercise of the right to withdraw, AI company will make all the efforts to pay off the consumer within 15 days. However, considering the technical character of the sold products, this deadline can be extended to 30 days, in particular when the product needs a technical check (cf. products which must be tested beforehand).
Then, the consumer will be paid off by re-credit of his bank account ( secure transaction) in case of credit card payment, or by check in the other cases.
Article 17 : Rights of use
The right of AI company software use and those it distributes, is granted to the consumer with not exclusive, personal and not contagious title, according to the Code of the Intellectual property. However, in conformance with the Article L122-6-1 of this Code of Intellectual Property, the consumer has a reproduction right, exclusively for the establishment of a saving copy, when this one is necessary to protect the use of the software. In any event, the author of the software keeps a property right on his work, which the consumer accepts to respect.
Article 18 : « Force majeure »
No one of both parties will have failed in its contractual obligations, as far as their execution will be delayed, hindered or prevented by a coincidence or a case of « force majeure ». Any irresistible facts or circumstances, outer the parties, unpredictable, inevitable, independent from the wish of the parties will be considered as coincidence or « force majeure » and which cannot be prevented by these last ones, in spite of all the efforts reasonably possible. The party affected by such circumstances will inform the other one about it in the ten next working days according to the date she knew it. Both parties will get closer then, within one month, exept if it is impossible due to the case of « force majeure », to examine the event incidence and agree on conditions in which the execution of the contract will be pursued. If the case of « force majeure » has a duration superior to three month, the present general conditions can be cancelled by injured parties. In a express way, are considered as « force majeure » cases or coincidences cases, exept those are usually retained by the jurisprudence of the courts and the French courts: the blocking of the means of transportation or supplies, earthquakes, fires, storms, floods, lightning; the end of the telecommunication networks or the difficulties of the external telecommunication networks, external to the customers.
Article 19 : Partial no validation
If one or several points of the present general terms have seen as no valid or declared in a law enforcement, of a regulation or following a definitive decision of a competent jurisdiction, the other conditions will keep all their strength and their reach.
Article 20: No renunciation
The fact for one of the parties to does not take advantage of a negligence by the other party in any of the obligations aimed in the present general conditions would not been interpreted for the future like a renunciation of the obligation in cause.
Article 21 : Title
In the case of difficulties in interpretation between any titles appearing at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 : Applicable law
Those present general terms are following the french law. This is the case for the substance rules and the form rules. In the context of any litigation or reclamation, the consumer will demand with priority to AI company to obtain a solution. Secondly, and in case of appeal, the consumer can file a complaint to his dedicated dialog box.
Article 23 : Computing and freedoms
The information asked to the consumer are necessary for his order's treatment and can be communicated to the contractual partners of AI company, involved within the framework of this command execution. The consumer can write to the company AI whose address and phone number are within the charter of confidentiality appearing within the limits of the Web site, to oppose to a such communication, or to exercise its rights of access, of rectification towards the informations concerning him and exposed in the files of AI company in the statutory conditions of January 6th, 1978.
The browsing on our site is seen like an acceptance of the following conditions:
(According to the law n°2004-275 for the Trust in the Digital Economy)
The present site is edited by the Company Alliages Industries, SARL at the social capital of 350.000,00 euros with the head office which is at 10 Avenue de Salis 64600 Anglet, registered to Registre du Commerce de Bayonne under the number B 325 022 432 (intracommunity VAT number: FR28 325022432)
The manager of publication : Gérard POUGEON.
The website can be used only with the respect for the present conditions of use and the mentions of warning. As a consequence, the use of the website is seen like an acceptance. Protection of personal data: Alliages Industries company accepts to protect the confidentiality of the possibly online supplied informations by Internet's user.
Cookies - The site will implant a "Cookie" in your computer for saving informations in relation with the browsing on the site. You can oppose yourself to the recording of "cookies" by configuring your computer.
Intellectual property – The website and its data which appear there such as marks, logos, graphics, photo, editorial text, are protected in conformance with the intellectual property. The site and the informations appearing are intended for a strictly personal use of the user and can't be reproduced, neither communicated to a third party, nor use in whole or in part, to whatever aim it is, nor to help to the creation of derived works. Accordingly, the not authorized exploitation of the whole or a part of the site (reproduction, representation, publication, etc.) is formally forbidden, except express autorization from the editorial director and commits the responsibility of the user and may be the source of legal proceedings.
Links – The website can include links towards other itenerant websites or sources. As far as Alliages Industries company cannot control these websites and external sources, AI can't be seen like the responsible of the availability of these sites and external sources and can't bear any responsibility concerning the contents, the advertisements, the products, the services or quite other available equipment on and from these sites or these sources.
Website use – Each website's user recognizes and accepts expressly that the website's use is made at its risks and dangers. Alliages Industries company doesn't guarantee the quality and the website compatibility for a specific use, even if the website is exhaustive or devoid of any error. The user is the only responsible for any damage undergone by his computer or any lost of consecutive data to the website consultation. Generally speaking, Alliages Industries company cannot be seen like a responsible in the case of direct and/or indirect damage resulting from the web site use or from the impossibility to reach it. Besides, the user makes a commitment, to the risk of committing his civil or penal responsability, to not use this site to post or pass on, in any way, any contents which are illicit, harmful or violating rights of intellectual property and/or of the personality property, or any contents containing computing virus designed to interrupt, destroy or alter the features of the site.
Hosting – The website is hosted by OVH, 12-14 Rond Point Des Champs Elysées – 75008 Paris. This company can be contacted by telephone to : 0899 701 761.
COMPUTING AND FREEDOMS
In accordance with the dipositions of the law n° 78-17 of january 6th 1978 in relation with computing, to files and freedom, said Computing Law of Freedom, the machineaided treatment of personal data, realized from the website www.brasage.com in the column « my account » and « order » by Alliages Industries company was the reason of a prior declaration to the CNIL (EN : National Commission of Computing and Freedoms - FR : Commission Nationale de l'Informatique et des Libertés) under the number : assignment processing.
You have the right of access, editing, rectification or of suppression of your personal data (Cf article 34 and following of the aforesaid law). To exerce it, you have directly access to your personal account online. You also can adress you by letter to Alliages Industries – 8 bis, rue Gutendberg, ZI La Marinière, 91070 Bondoufle.
Informations concerning you are destinated to Alliages Industries. Alliages Industries doesn't sell or rent e-mail adresses or its customers' personal informations.