General Terms and Conditions
The www.safetygas.com online store has been launched by GazDetect company, which is the owner of this website. Any order of a product present in this safetygas.com online store implies the previous reading of these general terms and conditions. As a consequence, consumer recognizes to be aware that his/her agreement on these general conditions does not require any written signature of this document as the customer wishes to order online products introduced in the online store. The consumer can save or edit these general conditions, being stated that saving or editing this document raise from his/her only responsibility.
Article 1: Entirety
These general conditions express the entirety if the obligations of the parts. This way, consumer is considered for accepting without reserve the completeness of provisions contained in these general conditions. No general or specific condition stated in documents sent by the customer could become integrated into the present as these documents would be incompatibles with these general conditions.
Article 2: Purpose
The purpose of these resent general conditions is to define rights and obligations of the parts within the framework of online sale of goods and services proposed by GazDetect to the customer.
Article 3: Contractual documents
This contact is formed by the following contractual documents – introduced in lessening hierarchical order: present general conditions; purchase order. In case of contradiction between provisions contained in documents of different rank, provisions of higher rank prevail.
Article 4: Entry into force – duration
Present general conditions enter into force in the date of signature of the order form. Present general conditions are concluded for duration necessary for the supply of purchased goods and services, until the end of guarantees owed by GazDetect.
Article 5: Electronic signature
The customer "double click" in conformance with the order form constitutes an electronic signature which has, between parts, the same value than a written signature.
Article 6: Order confirmation
Contractual information will be subject to a confirmation e-mail at the latest at delivery or, failing that, to the address given by the customer in his/her order form.
GazDetect confirms customer the acceptance of the order with one of the following means of his/her own choice: electronic mail, phone, fax or mail to the address indicated by the customer in the order form. Sale will only be conclucted once GazDetect confirms the order.
GazDetect reserves the right not to confirm an order for any reason, involving notably procurement of products, issues on received order, abnormal order or forseeable problems on delivery.
GazDetect will inform customer by any means.
Any new order can only be placed after the regular payment by the customer of amounts owed for previous orders. The order validated by the customer will only take effect once the relevant banking payment centers approve it or when the check is cached. Only the integral payment of the indicated price can confirm the order placed by the consumer.
Article 7: Transaction proof
Computerized registers, stored in GazDetect computer systems in reasonable security conditions will be considered as proof of communications, orders and payment processed between the parts. Archiving order forms and invoices is processed on a reliable and durable support that can be produced as evidence.
Article 8: Information on products
GazDetect introduces on its website products for sale with necessary specifications according to Article L 111-1 from the French Consumer Code that states the possibility for potential consumer to know essential specifications of products he/she wants to buy before placing definitive order.
Tenders submitted by GazDetect are valid only within the limits of available stock. Pictures illustrating products do not enter in the contractual field (non-contractual pictures). If errors occur, GazDetect responsibility cannot in no way be engaged.
Texts supporting these pictures are reproduction of information stated on packaging and/or operating instructions supplied by the manufacturer or product reseller. In no way they can engage GazDetect responsibility.
Article 9: Price
Prices are indicated in euro and are valid only in the date customer sends the order form. They do not include shipping costs that are invoiced in addition and indicated before the validation of the order. Prices includes the VAT applicable on the purchase day and any VAT applicable rate changing will be automatically passed on prices in the online store. Payment of the entire price must be proceeded at the order. In no way paid amounts can be considered as deposit or advance payments.
Article 10: Payment method
To settle his/her order, customer has, in his choice, all the payment conditions aimed within the order form. Customer ensures GazDetect he/she has potentially required authorizations for using the payment method he/she selected when validating the order form. GazDetect reserves the right to suspend the processing or shipping of any delivery in case of credit card refusal by officialy accredited organizations or in case of non-payment. GazDetect notably reserves the right to refuse a delivery or an order from a consumer who did not entirely or partially pay a previous order or one on which there is a settlement dispute pending. GazDetect established an order verification procedure in order to be sure that no person may use bank details of another person without his/her knowledge.
Article 11: Products availability
Order will be proceeded at the latest 3 days after the day following the day customer placed his/her order. In case of unavailability of ordered products, notably because of our providers, customer will be informed at the soonest and will get the opportunity to cancel his/her order. Customer will then have choice to ask for having the amount refunded within 30 days upon a receipt, or having product exchanged.
Article 12: Terms of delivery
Goods shall always be carried at the recipient’s risk. Products are delivered to the address indicated by the customer on the order form. The customer is bound to check the packaging conditions and to signal any damage due to the carrier on the delivery note and to GazDetect within two (2) days. Consumer can – upon request – be sent an invoice at the address of invoicing instead of the delivery address by validating the option available on the order form.
Should the customer require several delivery locations, he/she needs to place different orders corresponding with related shipping costs. An order can be delivered in many times to the customer who will only pay once shipping costs stated on the order form.
In oder to minimize freight cost, all the products of low and moderate congestion are shipped by a postal service.
If products were still available but with another selling price on the website, we would apply new selling prices, either by refunding you the difference with a check or by asking for an additional check for the price differential. We assume no liability for the elongation of delivery times because of the carrier, notably in case of loss of products or strike.
Regarding international shipments, the transport costs of your order do not include potential customs taxes, these remain the responsibility of the customer. Your orders sent from our site in France to abroad may incur additional costs when going through customs in different territories. Any order returned for refusal to pay customs taxes will result in a partial refund (return shipping costs deducted from the refund)).
Article 13: Delivery issues because of the carrier
Any irregularity on the delivery (damage, missing product compared to the delivery form, damaged package, boken item…) must imperatively be noticed in the delivery form under “hand-written reserve” with the customer signature. The expression “received pending inspection” does not constitute a precise reserve and has no legal value. At the same time, the consumer has to confirm the carrier this abnormality within two (2) working days following the delivery date with a mail recommended with acknowledgement of receipt exposing the aforementioned complaints. The customer must then send a copy of this mail by fax (01 60 66 15 87) or mail to our customer service (GazDetect - ZAE - 3, rue des Fossés - 77240 VERT SAINT DENIS - France).
Article 14: Wrong delivery
Any claim of error of delivery and/or non-conformity of products in kind or in quality compare to indications on the order form must be imperatively signaled to GazDetect within two (2) working days following the delivery date. The claim to GazDetect can be made first and foremost by phone (+33 (0)1 64 09 35 16) from Monday to Friday from 9.00 AM until 6.00 PM or by logging in to ou website in “follow your order” section where you will be able to ask your question through the “contact us” menu précising the order number after entering your customer ID. Any claim not made in compliance with the above procedure cannot be considered and will disclaim GazDetect all liability to the customer.
Upon receipt of the claim, GazDetect will assign an exchange number for concerned products and will communicate it to the customer by e-mail, fax or phone. Exchanging a product can only be performed after asigning customer an exchange number according to the above procedure. In the event of delivery error or exchange, all products for exchange or refund will have to be entirely returned to GazDetect in its original package at:
GazDetect
ZAE
3, RUE DES FOSSES
77240 VERT SAINT DENIS
FRANCE
To be accepted, any product return needs to be previously reported to GazDetect customer service. Freight cost are owed by GazDetect company, except if the returned product does not correspond to the declaration of origin made by the customer in the return form.
Article 15: Products waranty
In accordance with French Article 4 from decree n°78-464 from 24th March 1978, provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee against all consequences of latent defects of the thing sold. The customer is expressly informed that GazDetect is not the manufacturer of presented goods in the framework of www.safetygas.com website, under French law n°98-389 from 19th May 1998 and relative to the responsibility because of the defective products. As a consequence, in case of damage caused to a person or object by a product defect, the customer may seek redress from the legally responsible manufacturer only on the basis of the information featured on the packaging of the product. “Manufacturer warranty” conditions and duration are set for one year unless otherwise notification on product sheets. Final invoice is considered as the warranty card. Given the frequency of renewal of components of technical products, GazDetect may inform customer upon request of the availability of spare parts of products offered and how to eventually get them.
It is reminded that respecting provisions of this contract on contractual warranty assume that the customer uses products properly. Poor maintenance or dismantling these products by the customer of a third part are excluded from warranty.
Article 16: Right of withdrawal
The customer has a period of 7 working days to return – at his/her own expense - products that do not suit him/her. This period starts on the delivery date of the customer order. If this period ends on a Saturday, Sunday, official holiday or nonworking day, this period shall be extended until the first working day which follows. Any return must be previously reported to GazDetect first and foremost by phone (+33 (0)1 64 09 35 16) from Monday to Friday from 9.00 AM until 6.00 PM or by logging in to ou website in “follow your order” section where you will be able to ask your question through the “contact us” menu précising the order number after entering your customer ID. The product must be returned in recommended mail at:
GazDetect
ZAE
3, RUE DES FOSSES
77240 VERT SAINT DENIS
FRANCE
Only over the returned products as a whole, in their original packaging complete and intact, and in perfect condition for resale. Every product which have been damaged or whose original packing have been damaged will not be refund nor exchanged.
This right of withdrawal exercised without penalty, except for return expense. In the case of the exercise of the right of withdrawal, consumer has a choice either to seek repayment of money paid or exchange the product. In case of an exchange, re-shipment will be at the expense of the customer
In the case of the exercise of the right of withdrawal, GazDetect will make every effort to refund customer within 15 days. Yet, because of the technical nature of sold products, this period can be extended to 30 days particularly if the product needs a technical inspection (see products that need to be previously tested).
The consumer will then be refunded by crediting his bank account (secure transaction) if paid by credit card or check in other cases.
Article 17: Right of use
The right of using GazDetect softwares and those it distributes is given to customers on a non-exclusive, personal and non-transmissible basis according to the French Intellectual Property Code. However, under Article L122-6-1 of this Code, the customer as a right to reproduce exclusively for the establishment of a backup, when it is necessary to preserve the use of software. In any case, the author of the software retains ownership of his/her work, the customer agrees to comply.
Article 18: Force majeure
Neither of the two parts shall have failed in its contractual obligations, in the case that their execution may be delayed, hindered or impeded by a fortuitous event or case of absolute necessity. Strength major any irresistible facts or circumstances, outside the parts, unpredictable, inevitable, independent from the will of the parts will be considered as coincidence or and which cannot be prevented by these last ones, in spite of all the efforts reasonably possible. Both parties will then meet within one month, except if fortuitous event prevents them from doing so, in order to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled. If the major case of strength has a duration superior to three months, the present general conditions can be cancelled by the injured party. Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by the decisions of French courts and tribunals: blocking means of transport, earthquakes, fires, storms, floods, lightning, stop of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 19: Partial non validation
If one or more clauses of these terms and conditions of sale were deemed invalid in application of a law, regulation or following a final decision of a competent court, other provisions of these conditions retain their full force and effect.
Article 20: Non renunciation
The fact for one of the parts not to take advantage of a neglect by the other part in the one some of the obligations aimed in the present general conditions would not know how to be interpreted for the future as a renunciation of the obligation in cause.
Article 21: Title
In case of difficulty of interpretation enter the one some of the titles appearing at the head of clauses, and the one some of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
These general conditions are subject to French law. This is for the fund rules as to the rules of form. In case of dispute or complaint, consumer will apply primarily to GazDetect for an amicable solution.
Article 23: Data processing
Customer information requested are necessary to proceed orders and can be communicated to GazDetect contractual partners involved in the execution of this order. Consumer can send GazDetect a mail (GazDetect - ZAE - 3, rue des Fossés - 77240 VERT SAINT DENIS - FRANCE) to oppose to such a communication or to exercise his/her right of access, rectification towards information on him/her included in GazDetect files under conditions provided by French law from 6th January 1978.
Article 24: Reservation of ownership
GazDetect retains ownership of good sold until the entire payment of their price on principal and interest. Delivery of a payment title do not constitute an effective payment. In absence of a full payment, GazDetect shall be entitled to demand the return of delivered products. Eventual cost incurred by this return will be chargeable to the customer.