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GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF ONLINE SALES on the website www.azdistrib.fr

Liminary - Scope of application

These general terms and conditions of sale (hereinafter referred to as the "GTC") are automatically applicable to any natural or legal person (hereinafter referred to as the "Customer") placing an order with AZ Distribution (SARL with a capital of €10,000, whose registered office is located at 25 rue Mollaret - 38070 SAINT QUANTIN FALAVIER, registered in the LYON Trade and Companies Register under number 842 681 603) for products ("Products") offered on the AZ Distribution website (hereinafter referred to as the "Website").

Unless otherwise agreed between the Parties, the T&Cs, the special conditions alone are applicable to the placing of orders for Products on the Website by a Customer. The General Terms and Conditions determine, with the specific conditions of the purchase order and any subsequent amendments agreed with the Client, the terms and conditions of the sales contract between the Parties.

AZ Distribution reminds you that its Website is exclusively reserved for professionals, within the meaning of the introductory article of the Consumer Code. Thus, only natural or legal persons acting for purposes relating to their commercial, industrial, craft, liberal or agricultural activity are authorized to order Products from AZ Distribution on the Website.

Customers must prove their professional status by producing an updated SIREN number or Kbis extract and by completing the mandatory fields presented when creating their online account.

Sales of Products via the Website are exclusively reserved for Customers with a registered office in France or abroad, a regularly consulted email address and a delivery address located in metropolitan France (excluding Corsica and French overseas departments and territories), Belgium, Italy, Spain, Germany, Netherlands and Luxembourg. No deliveries or after-sales services will be made outside these territories.

Prior to any order placement, the Client acknowledges having read these GTC and expressly declares to accept them in all their provisions as soon as he validates the box "I accept the GTC".

AZ Distribution therefore invites the Customer to read the following clauses carefully.

1. Acceptance of the special conditions

GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF ONLINE SALES on the website www.azdistrib.fr

Liminary - Scope of application

These general terms and conditions of sale (hereinafter referred to as the "GTC") are automatically applicable to any natural or legal person (hereinafter referred to as the "Customer") placing an order with AZ Distribution (SARL with a capital of €10,000, whose registered office is located at 25 rue Mollaret - 38070 SAINT QUANTIN FALAVIER, registered in the LYON Trade and Companies Register under number 842 681 603) for products ("Products") offered on the AZ Distribution website (hereinafter referred to as the "Website").

Unless otherwise agreed between the Parties, the T&Cs, the special conditions alone are applicable to the placing of orders for Products on the Website by a Customer. The General Terms and Conditions determine, with the specific conditions of the purchase order and any subsequent amendments agreed with the Client, the terms and conditions of the sales contract between the Parties.

AZ Distribution reminds you that its Website is exclusively reserved for professionals, within the meaning of the introductory article of the Consumer Code. Thus, only natural or legal persons acting for purposes relating to their commercial, industrial, craft, liberal or agricultural activity are authorized to order Products from AZ Distribution on the Website.

Customers must prove their professional status by producing an updated SIREN number or Kbis extract and by completing the mandatory fields presented when creating their online account.

Sales of Products via the Website are exclusively reserved for Customers with a registered office in France or abroad, a regularly consulted email address and a delivery address located in metropolitan France (excluding Corsica and French overseas departments and territories), Belgium, Italy, Spain, Germany, Netherlands and Luxembourg. No deliveries or after-sales services will be made outside these territories.

Prior to any order placement, the Client acknowledges having read these GTC and expressly declares to accept them in all their provisions as soon as he validates the box "I accept the GTC".

AZ Distribution therefore invites the Customer to read the following clauses carefully.

1. Acceptance of the special conditions

The Customer acknowledges having read, prior to placing the order, the special conditions of sale set out on the screen (name, price, weight, quantities, possible particularities, cost of services, in particular) and expressly declares to accept them. The placing of the order and its confirmation by the Customer, materialize his full and complete acceptance of the special conditions only applicable to the order.

2. The Products

The photographs illustrating the Products are only indicative as to the general presentation of the Product. They have no contractual value and cannot in any case engage the responsibility of AZ Distribution.

It is the Customer's responsibility to check the characteristics of the Products before each order on the Website. Each Product offered for sale is presented in a summary format based on information provided by the manufacturer or supplier. The texts accompanying these photographs are based on the information on the packaging. AZ Distribution's liability shall be excluded for any damage resulting from the consumption of a Product (e. g. allergenic or other disorders) suffered by a Customer or a consumer, if the provisions on the packaging have not been respected.

3. The username and password

At the time of the first order, and in order to personalize the environment of each Customer, an identifier and a password are created by the Customer. A uniqueness check is then carried out by the system. The username and password are proof of the Customer's identity and commit him/her to all orders placed through them.

The Customer is fully and exclusively responsible for his login and password, and will bear the consequences of any use by third parties who become aware of it.

In the event of forgetting the password or suspicion by the Customer of fraudulent use of his identifier and password, he has a function on the Website allowing him to retrieve his identifier and password or to modify them.

AZ Distribution complies with the law of 6 January 1978 relating to data processing, files and freedoms, in particular on the collection of personal data as stipulated in Article 11 hereof.

4. The formation of the order

4.1 General rules

Any order placed on the Website must respect a minimum order amount of two hundred (200) € (cost of goods excluding VAT, excluding delivery costs). In the event of non-compliance with the rules set out above, the Customer's order shall be deemed to have been refused automatically.

4.2 Recording the order

Any order entry after the selection of the Products is summarized by including all the elements (articles, delivery times and place of delivery, amounts excluding VAT and incl. VAT, means of payment) that the Customer confirms by ticking the box "I accept the General Terms and Conditions" and clicking on the "confirmation" button. It is specified that the Customer has, before confirming the order, a mechanism allowing him to correct or modify his order. The Customer is then irrevocably bound for the information given in the order. The Client may not question his acceptance.

In the event of an error on his part in the wording of his contact details or the place of delivery, resulting in the loss of the Products, the Customer remains responsible for the payment of the said lost Products.

Any new order may only be placed after the Client has paid in full the sums due for previous orders, in accordance with article 6.2 of the General Terms and Conditions.

4.3 Confirmation of the order

AZ Distribution undertakes to confirm the order to the Customer by e-mail, summarising the Products ordered and all the special conditions of the sale.

AZ Distribution reserves the right to refuse the order, in particular in the event of a legitimate reason, relating for example to a difficulty in supplying, a problem in updating stocks visible on the website, a problem in understanding the order, a foreseeable problem concerning delivery or the abnormality of the order (existence of a dispute with the Customer concerning the payment of a previous order, inconsistent delivery address...). AZ Distribution will inform the Customer by any means. In the event of unavailability of the Products or refusal of the order, the Customer will be refunded within thirty (30) working days following the payment of the order unless otherwise agreed between the Parties.

4.4 Order processing

AZ Distribution will do its utmost to process the order as quickly as possible, knowing that a period of twenty-four (24) to seventy-two (72) business hours from the date of receipt of payment by AZ Distribution is necessary to prepare the order before it is sent.

4.5 Proof of order

By mutual agreement between the Parties, the data recorded by AZ Distribution constitutes proof of all orders placed by Customers and in particular of their date and content as well as any exchange between AZ Distribution and its Customers.

Information relating to any operation carried out using the Customer's identifier will be stored and archived by AZ Distribution and will serve as proof of any dispute in accordance with applicable legal provisions. They will be kept by AZ Distribution for a period of time in accordance with the legal provisions in force. In all cases, the confirmation of the order by AZ Distribution shall constitute proof of the order and shall make the amount of the order payable.

5. Shipping & Returns

5.1 Delivery methods

AZ Distribution offers the following delivery methods depending on the characteristics of the order.

- The place of delivery, in metropolitan France (excluding Corsica and French overseas departments and territories), Belgium, Italy, Spain, Germany, the Netherlands or Luxembourg, is chosen by the Customer. The Customer may, when placing the order, expressly request that delivery not be made on certain days of the week.

He may also choose to pick up the ordered goods at 25 rue Mollaret 38070 Saint Quantin Fallavier.

5.2 Delivery time

AZ Distribution undertakes to deliver the order to the place mentioned by the Customer no earlier than forty-eight (48) hours and no later than ten (10) working days (deliveries being made only on working days) following the date of actual payment of the order by the Customer.

No penalty or damages shall be payable by AZ Distribution to the Customer when the delay in delivery alleged by the Customer or when the impossibility of unloading the Products by the carrier within the time periods validated by the Customer itself is due to a circumstance beyond AZ Distribution's control such as force majeure, accident, strike, administrative decision, transport stoppage, or any circumstances beyond AZ Distribution's reasonable control and/or traffic conditions and/or an event attributable, in whole or in part, to the Customer or the carrier or a third party. In the event of such an event, AZ Distribution will inform the Customer by e-mail. In any event, in the event of such an event, the Customer is invited to contact AZ Distribution by any means to agree by mutual agreement on the follow-up to be given to the order.

5.3 Delivery costs

a. In principle, delivery costs are the responsibility of the Customer. The amount of delivery charges varies according to the delivery address. 

5.4 Receipt of Products

The Customer, or any person mandated by him, proving this mandate with the carrier and communicating to the deliverer the order number assigned by AZ Distribution undertakes to take charge of the Products upon their arrival at the delivery address. The Client or any person he has mandated, must sign the release form on which any necessary remarks will be made. The signature of the release form and the indication of the number of packages received shall be considered as acknowledgement of delivery on the date indicated on this order form. If the Customer notices, after receipt, that Products are damaged or missing, he must contact customer service and file a complaint no later than twenty-four (24) hours after delivery, by e-mail or by telephone on 04 74 94 73 80.

When the delivery of the goods to the Customer is not possible because of the latter in the time slots that he himself has validated (for example: in case of absence), he must contact the carrier by means of the delivery note that will be left at the place of delivery, to agree with him on the new methods of recovering the goods. Any costs incurred for a new visit to the place of delivery will then be entirely at the Customer's expense.

6. The price and terms of payment of the order

6.1 Prices

The prices of the Products are displayed in euros, excluding taxes and do not include shipping costs. The total price indicated in the order confirmation is the total price of the order entered, expressed inclusive of all taxes, including VAT and transport costs.

6.2 Method of payment

The Products are payable on the day the order is placed.

The Customer has all the following payment methods at his disposal: bank transfer, American Express card, Visa card, national credit card, Mastercard, which he chooses when entering his order.

In the event of payment by credit card, the Customer immediately provides his credit card number or bank details to authorize the payment.

For all payments, the partner bank service provider ensures a secure payment system and guarantees the preservation of the confidential nature of the numbers communicated by protection and cryptology procedures.

Payment is deemed to have been made when the funds are actually available to AZ Distribution in its bank accounts. If payment is not authorized, the order is cancelled. AZ Distribution reserves the right not to process a Customer's order in the event of payment problems on previous orders.

The Client explicitly acknowledges that he/she has the right to use the payment method selected.

In any event, payment must be made in accordance with the provisions of Articles L. 441-6 and L. 443-1 of the French Commercial Code.

6.3 Delay in payment

The paid invoice is issued on the date of delivery of the Product.

Any invoice not paid on its due date implies the payment of penalties for all sums due at an interest rate of three (3) times the legal rate in force, and entails the immediate payment of all sums remaining due.

In addition, in the event of late payment, AZ Distribution reserves the right to apply penalties of an amount excluding VAT equal to two (2) % of the amount excluding VAT of the order subject to the delay, with a minimum flat-rate of one hundred and fifty-five (155) € without prejudice to the late payment interest provided for above.

In the event of late payment, a fixed indemnity of forty (40) € is automatically due for recovery costs; beyond this amount, an additional indemnity will be due upon justification.

Pending regularisation, AZ Distribution reserves the right to immediately suspend any services that may be due to the Customer concerned.

7. Retention of ownership

AZ Distribution retains ownership of the Products ordered until the Customer has paid the full price in full.

All Products delivered by AZ Distribution and held in stock at the Customer's premises are deemed to be related to unpaid invoices from AZ Distribution.

The Customer must insure the Products against loss and damage and prevent AZ Distribution from any measures taken by third parties on said Products.

8. The Guarantees

The Customer benefits from the legal guarantee of hidden defects on the Products sold under the conditions of articles 1641 and following of the Civil Code.

9. Force majeure

In the event that all orders are totally suspended for a period of more than one (1) month due to a case of force majeure or a fortuitous event, each party shall have the right to terminate the suspended orders, without any compensation to the other party, provided that it notifies the other party of this termination by registered letter with acknowledgement of receipt.

10. The customer relations department

For any difficulties, the customer can send an email to the following address: contact@azdistrib.fr; or a letter to the following address: AZ Distribution, 25 rue Mollaret 38070 ST-Quantin-Fallavier.

11. Protection of personal data

In the context of the execution of the General Terms and Conditions, AZ Distribution is required to collect personal data concerning the Client's employees. By placing an order on the Website, the Customer's concerned employees consent to the use by AZ Distribution of their personal data concerning them, which they have communicated, or which are collected via the operation of the Website.

These data are as follows: contact details provided by the Client when creating his Internet account (title, surname, first name, email address, mobile phone number).

This information is mandatory for opening an account and delivering the Products.

They are kept for a period of 3 years from the last validated order.

The recipients of this data are exclusively AZ Distribution.

This collected data is necessary for order processing.

The declaration of the file containing personal data has been made to the Commission Nationale Informatique et Libertés (declaration n°_120 9450), in accordance with the provisions of the Loi Informatique et Libertés of 6 January 1978.

Under this law, the Client's employees concerned have the right to access, rectify, delete, limit or oppose the personal data concerning them.

The Client's relevant employees also have a right to withdraw their consent, for processing operations based exclusively on their consent.

In addition, the Client's relevant employees have the right to inform the controller of their instructions as to the fate of their data after their death.

In addition, the Client's relevant employees have the opportunity to file a complaint with a data protection authority.

Finally, the Client's relevant employees have the possibility to request that their data be exported to a third party when they have consented to the collection of this data or when this data has been collected in the context of the performance of a contract.

This information appears on the Customer's personal account; the Customer can access it at any time using his username and password.

Through AZ Distribution, the Client's relevant employees may receive proposals from other companies or organisations, or may also be informed of AZ Distribution's offers by telephone or e-mail if the Client's relevant employees have previously accepted them. If the Client's employees concerned subsequently wish to waive receipt of these proposals, they need only send an e-mail with their contact details to the following address: contact@azdistrib.fr

12. Intellectual Property

All the elements appearing on the Website, whether visual or audio, are protected by all the intellectual property rights relating to them. The Customer shall refrain from copying or downloading all or part of its content without the prior and express authorisation of AZ Distribution.

13. External links

The Website may contain hypertext links to other websites. AZ Distribution makes no commitment regarding any other site to which the Customer may have access via the www.azdistrib.fr site and is in no way responsible for the content, operation, services offered and access to these sites.

14. Responsibilities

14.1 With regard to the use of the Website

Except for its own fault, AZ Distribution cannot be held liable for any damage of any kind, whether material or immaterial or physical, that may result from misuse of the identifier or the method of placing orders. In particular, AZ Distribution cannot be held liable for any risk inherent in the use of the Internet, such as in particular a suspension of the service, an intrusion or the presence of computer viruses.

14.2 As for the Products

AZ Distribution undertakes to deliver Products in accordance with the order in terms of quality and quantity.

It is the Customer's responsibility to carefully read the information relating to the characteristics of the Products provided by AZ Distribution and present on their packaging and to strictly respect the conditions of use specific to each Product. The Customer shall be solely responsible for the consequences of non-compliance with the conditions of use, abnormal use of the Products and/or abnormal or inappropriate storage conditions. AZ Distribution cannot be held liable, for any reason whatsoever, by the Customer in the event of non-compliance with this stipulation, which the Customer expressly acknowledges and accepts.

In addition, AZ Distribution cannot be held liable under any circumstances in the event of non-compliance of the Products with the standards and regulations that would come into force after their delivery or in the event of deterioration or damage to the Products not attributable to AZ Distribution.

In any event, AZ Distribution may only be validly held liable if the Customer proves the existence of a fault attributable to AZ Distribution, an injury and a causal link between the fault and the injury. AZ Distribution's liability shall in any event be strictly limited to the direct, certain and foreseeable damage, excluding any indirect, hypothetical or unforeseeable damage and in any event shall be limited to the amount actually received by AZ Distribution in respect of the order placed by the Customer.

15. Amendments to the Regulations

AZ Distribution reserves the right to modify its service as of right without further formality and to make changes in the GTCs if necessary, which the Customer expressly accepts. AZ Distribution invites the Customer to carefully review the said conditions in force at each order placement.

16. Completeness of the GTCs

The invalidity of one of the clauses of the GTCs pursuant to a law, regulation or following a court decision that has become final shall not result in the invalidity of the other clauses of the GTCs.

17. Disputes and disputes

These GTC are subject to French law. In the event of a dispute, the Customer shall first contact AZ Distribution to find an amicable solution. Failing this, the dispute will be brought before the competent courts within the jurisdiction of the Lyon Court of Appeal.

18. Legal information

Updated on: 21/11/2019

Site publisher: AZ Distribution with a capital of €10,000, 25 rue Mollaret - 38070 SAINT QUANTIN FALLAVIER

RCS number: 842 681 603 

Intracommunity VAT number: FR72 842 681 603

E-mail: contact@azdistrib.fr

Telephone number: 04 74 94 94 73 73 80

Editorial manager: AZ Distribution - 25 rue Mollaret 38070 SAINT QUANTIN FALLAVIER

Hosting company: 1&1 Internet SARL

SARL with a capital of 100 000 EUR

RCS Sarreguemines B 431 303 775

SIRET 431 303 775 000 16

APE code: 6201Z

Intra-Community identification EN 13 431303775

Director of publication: Markus Huhn, Robert Hoffmann

Host 1&1 Internet AG

Brauerstr. 48

76135 Karlsruhe

Germany

Registered office: 7, place de la Gare BP 70109 57201 Sarreguemines Cedex