l. GENERAL TERMS AND CONDITIONS OF USE
ARTICLE 1 . LEGAL INFORMATION
Pursuant to article 6 of Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its implementation and monitoring.
The XTRM Systems website is published by:
XTRM Systems, whose registered office is located at 33 RUE DE L’EGLISE 70360 SCEY SUR SAONE ET SAINT-ALBIN, and registered at 842 029 092 00017.
Telephone: +216 25 891 510
The site’s publishing director is: XTRM Systems.
The XTRM Systems site is hosted by:
Contabo, whose headquarters are located at the following address: Aschauer Strage 32a, 81 549 Munich Germany.
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the XTRM Systems website is to present the company and its marketed products.
ARTICLE 3. CONTACT
For any questions or requests for information regarding the site, or any report of illegal content or activities, the user may contact the publisher at the following e-mail address or send a registered letter with acknowledgement of receipt to XTRM Systems – 33 RUE DE CEGLISE 70360 SCEY SUR SAONE ET SAINT-ALBIN.
Access to and use of the site is subject to acceptance of and compliance with these General Terms and Conditions of Use.
The publisher reserves the right to modify, at any time and without notice, the site and services as well as these GTCJ, in particular to adapt to changes in the site by making new functionalities available or by deleting or modifying existing functionalities.
It is therefore recommended that the user refer to the latest version of the CGCJ, accessible at any time on the site, before any navigation. In the event of disagreement with the CGIJ, no use of the site may be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, it may at any time suspend, limit or interrupt access to the site or to certain pages of it in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.
Connection and navigation on the XTRM Systems website constitute unreserved acceptance of these General Terms and Conditions of Use, regardless of the technical means of access and the terminals used.
These GTCJ apply, as appropriate, to any declination or extension of the site on the
existing or future social and/or community networks.
ARTICLE 6. SITE MANAGEMENT
For the proper management of the site, the publisher may at any time:
– Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet users;
– Delete any information that may disrupt its operation or contravene national or international laws, or the rules of Netiquette;
– Suspend the site in order to make updates.
ARTICLE 7. RESPONSIBILITIES
The publisher is only responsible for the content he has edited himself.
The publisher is not responsible:
– In the event of technical, computer problems or failures or compatibility of the site with any hardware or software;
– Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services,
– The intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating on it
– Illegal content or activities using its site without its being duly informed within the meaning of the Law with regard to the processing of personal data.
In addition, the site cannot guarantee the accuracy, completeness and timeliness of the information provided on it.
The user is responsible:
– The protection of its equipment and data
– The use he makes of the site or its services
– If you do not comply with the letter or spirit of these GTCJ.
ARTICLE 8. HYPERLINKS
The site may contain hypertext links to other websites over which XTRM Systems has no control. Despite the prior and regular checks carried out by the publisher, he declines all responsibility for the content that can be found on these sites.
The publisher authorises the setting up of hypertext links to any page or document on its site, provided that the setting up of these links is not for commercial or advertising purposes.
In addition, the prior information of the site editor is necessary before any hypertext link is set up.
Excluded from this authorization are sites disseminating information of an illegal, violent, controversial, pornographic, xenophobic nature or that may harm the sensitivity of the greatest number of people.
Finally, XTRM Systems reserves the right to delete at any time a hypertext link to its site if the site considers it not in accordance with its editorial policy.
ARTICLE 9: CONFIDENTIALITY
ARTICLE 10. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force with respect to intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the site, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and could constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code. This, with the exception of elements expressly designated as royalty-free on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.
The user is prohibited from entering data on the site that would or could modify the content or appearance.
II. GENERAL TERMS AND CONDITIONS OF SALE
The site is published by the seller, XTRM Systems, whose registered office is located at the following address: 33 RUE DE L’EGLISE 70360 SCEY SUR SAÔNE ET SAINT-ALBIN, and registered at 842 029 092 00017.
The following provisions are intended to define the general terms and conditions of sale on the XTRM Systems website
These general terms and conditions of sale (hereinafter referred to as the « GTC ») define the contractual rights and obligations of the seller and his customer in the context of a distance and electronic sale of goods and products.
The GTCs exclusively govern the relationship between the seller and the customer.
The GTCs express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.
In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose registered office is in France and the Consumer Code apply.
The seller reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online.
ARTICLE 1 . WEB SITE
Through the site, the seller provides the customer with an online catalogue accurately presenting the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this fact.
The products are offered within the limits of available stocks.
ARTICLE 2. PRICES
The seller reserves the right to change its prices at any time.
Only the prices in force indicated at the time of the order will apply, subject to the availability of the products on that date.
Prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will automatically be reflected in the price of the products. If one or more taxes or contributions, in particular environmental taxes or contributions, are created or modified, either upward or downward, this change may be reflected in the selling price of the products.
The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.
Payment of the full price must be made at the time of ordering.
ARTICLE 3. CONFIRMATION AND PAYMENT OF THE ORDER
It is an order with obligation of what means that the placing of the order implies a payment of the customer.
The customer makes the payment at the time of the final validation of the order.
The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect constitutes proof of his consent to the sale and to the payment of the sums due under the order.
In the event of a dispute or fraudulent use of the credit card without physical use of the credit card (use of the credit card number). Any person may contest within 70 days from the date of the transaction by submitting a claim in accordance with the following procedures, so that the seller bears the costs of the sale and returns the disputed amount:
by email to the address indicated via the contact form;
Any dispute not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability.
The seller has put in place a procedure for verifying orders and means of payment in order to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting identification data from the customer.
In the event of refusal of authorization of payment by credit card by accredited organizations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase and payment by the customer, the seller sends the latter, on the e-mail address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.
The seller is required to send an invoice to the customer upon delivery.
The customer may request that the invoice be sent to an address other than the delivery address by sending a request to customer service (see contact details below) before delivery.
In the event of unavailability of a product, the seller will keep the customer informed by e-mail as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and final.
The customer can still exercise his right of withdrawal within 14 days from the time when the information concerning the unavailability of the product was sent to him.
For any question regarding the follow-up of an order, the customer may contact customer service.
ARTICLE 4. METHOD OF PAYMENT
All the payment methods made available to the customer will be defined during an exchange between the seller and the customer. The customer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when placing the order.
ARTICLE 5. DELIVERY
Delivery is only made after confirmation of payment by the seller’s bank.
The products are delivered to the address indicated by the customer on the online order form, the customer must ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense.
Except in cases of force majeure, delivery shall take place, according to the method chosen by the customer, within the following deadlines:
1 . LATE DELIVERY AND DENUNCIATION
In the event of late delivery, the seller shall inform the customer, who may terminate the contract and request a refund within 14 days of such termination.
The total refund of the product and delivery costs, or re-shipment if applicable, is then made.
This termination of the contract must be addressed as follows.
Any denunciation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.
2. ORDER VERIFICATION
If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note.
The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
The verification of the products is considered as carried out as soon as the customer, or a person authorized by him, has signed the delivery note.
The customer must, where applicable, inform the seller of his reservations in accordance with the following procedures
Any reservation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the customer.
3. DELIVERY ERROR
In the event of an error in delivery and/or non-conformity of the products with the information on the order form, the customer makes a complaint to the seller on the same day as the delivery or at the latest on the first working day following delivery.
The claim may be made in the following ways:
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.
4. ORDER RETURN
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following procedures.
Any complaint or return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.
Any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging. The return costs are the responsibility of the customer.
ARTICLE 6. PRODUCT GUARANTEES
The seller is responsible for the conformity of the products with the contract.
The customer may make a request under the legal guarantee of conformity, in accordance with the provisions of the articles, or under the guarantee of defects in the articles.
1 . CONFORMITY GUARANTEE
The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.
As such, he may choose between repairing or replacing the asset, under the conditions provided for in the article.
The customer is not required to provide proof of the existence of a lack of conformity within 6 months (24 months from 1 8 March 2016, except for second-hand goods) after the date of delivery of the product.
2. DEFECT WARRANTY
The customer, if he implements the warranty against defects provided for in the articles, may choose between cancelling the sale or reducing the price, in accordance with the article.
ARTICLE 7. UNAVAILABILITY OF PRODUCTS AND REFUND
In the event of unavailability of an ordered product, the customer will be informed by e-mail.
The customer will have the possibility to cancel his order and will thus have the choice between the refund of the sums paid by him within 30 days at the latest of their payment, or at the exchange of the product.
ARTICLE 8. RIGHT OF RETRACTATION
The customer can exercise his right to retract and return the product within 14 working days of delivery.
The customer will exercise his right of withdrawal by contacting customer service
After having communicated his decision to withdraw, the customer then has 14 days to return or return the goods.
Any retraction or return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.
The customer may request an exchange or refund of the returned product, without penalty, except for the return costs, which remain at his expense.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original state, in particular with complete, intact packaging and in a state of sale.
Certain products, because of their intrinsic quality, may not be subject to the right of withdrawal and may not be refunded, in particular but not exclusively, the products referred to in the article, namely any tailor-made product;
– any product which cannot by its nature be re-shipped
– any perishable product
– any video product;
– any press product…
The seller shall reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of re-shipment of the goods.
ARTICLE 9. MAJOR STRENGTH
The parties shall be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code prevents their performance. The obligations of the parties will be suspended.
The party invoking such a circumstance shall notify the other party immediately, upon its occurrence and disappearance.
Are considered as cases of force majeure all facts or circumstances that are irresistible and unpredictable, unavoidable and that cannot be prevented by the latter, despite all efforts
reasonably possible, defined as such by French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the termination of telecommunications networks.
If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
ARTICLE 10. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France and Tunisia in a stable and sustainable manner in order to effectively carry on his activity, regardless of the location of his registered office in the case of a legal entity.
Therefore, these GTC are subject to the application of French law, excluding the provisions of the Vienna Convention.
In the event of a dispute or claim, the customer will first contact the seller to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he enters into a contract as a consumer, may bring proceedings before the court of his choice and if he enters into a contract as a professional, may bring proceedings before the court of the place where the seller has his registered office.