General terms and conditions of sale

General clause

Our general terms and conditions of sale alone shall apply. Unless formally accepted in writing by the Management, no special conditions may take precedence over the GTCS. The mere fact of placing an order implies express and unreserved acceptance of each of them. These general terms and conditions express the entirety of the obligations of the parties. The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time.

These General Terms and Conditions of Sale are accessible at all times on the www.ocedis.com website and will prevail, where applicable, over any other version or any other contradictory document. These conditions only apply to purchases made by buyers located in France and delivered exclusively on French territory. The buyer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before completing the online ordering procedure.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions entered into with the purchaser. Pursuant to Law 78-17 of 6 January 1978, it should be noted that the nominative data requested from the purchaser is required, in particular, to process his/her order and to draw up invoices.
This data may be communicated to any of the Vendor's partners responsible for executing, processing, managing and paying for orders.
The processing of information communicated via the www.ocedis.com website has been declared to the CNIL. In accordance with national and European regulations in force, the buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised in accordance with the terms and conditions set out on the www.ocedis.com website.

ACCEPTANCE OF ORDERS

Any order sent to us directly by the purchaser or through a representative only becomes final after acceptance by our services. Unless otherwise stipulated, our offers and quotations are only valid for the month following their receipt. The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold by the seller.
The products are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation. The photographs of the products are not contractually binding.
The Buyer places his/her order online, from the online catalogue and using the form on the site. The contractual information is presented in French. The sale will not be considered final until the Seller has sent the Buyer confirmation of acceptance of the order by e-mail.
It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately. Any order placed on the www.ocedis.com website constitutes the formation of a distance contract between the Customer and the Seller.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. Any order implies acceptance of the prices and descriptions of the products available for sale. In the event of unavailability of an ordered product, the purchaser will be informed by e-mail.
The order for this product will then be cancelled and, if necessary, reimbursed, with the rest of the order remaining firm and definitive.For any questions relating to the tracking of an order, the buyer should call (33) 04 74 08 50 50. Monday to Friday, 8.30am to 12pm and 1.30pm to 5pm. (cost of a local call).

CHANGING ORDERS

Any change to an order can only be taken into consideration if it is received in writing before the products are dispatched. The seller reserves the right to make any changes it deems necessary to its products at any time and to modify the models defined in its prospectuses or catalogues without prior notice.

DELIVERY

Our lead times are established from the date on which the order is registered, as indicated on the confirmation e-mail. These lead times are an approximate indication of the date of dispatch and any delays cannot under any circumstances give rise to penalties or justify cancellation of the order. Furthermore, we decline all responsibility in the event that these lead times are modified as a result of supply difficulties beyond our control or transport shortages. The seller is authorised to make deliveries in whole or in part.


DISPATCH OF GOODS

Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
Goods travel at the buyer's risk, whatever the mode of transport, whether the shipment is made carriage paid or not. In the event of damage, the recipient must make all necessary reservations, specifying the nature and extent of the damage noted, on the document on which he is invited to give discharge, and must confirm these reservations by registered letter addressed to the carrier within the shortest time limits imposed by article L.133-3 of the French Commercial Code and send a copy of this letter by fax or simple post to the seller at the address indicated in the legal notices on the site. If the products need to be returned to the seller, a request for their return must be made to the seller within 48 hours of delivery. Any claim made after this deadline will not be accepted.The claim may be made, at the buyer's option :

  • telephone number : (33) 04 74 08 50 50
  • e-mail address : info@ocedis.com

TERMS OF DELIVERY

FRANCO: Metropolitan France from €1,200 net excluding VAT, all accessories included.

RETURNS

All returns must be the subject of a formal agreement between the seller and the purchaser. Any product returned without this agreement will be held at the disposal of the purchaser and will not give rise to the establishment of a credit note. The costs and risks of the return are always borne by the purchaser. Goods returned must be accompanied by a returns slip to be attached to the parcel and must be in the same condition as when delivered by the supplier (packaging, accessories, instructions, etc.).

GUARANTEE

Our guarantee is limited to that of our suppliers. The guarantee does not apply to apparent defects. Also excluded are defects and deterioration caused by natural wear and tear or by an external accident (incorrect assembly, defective maintenance, abnormal use, etc.), or by a modification of the product that was not foreseen if specified by the seller.

PRICE

Products are supplied at the price in force when the order is placed. Prices are net, ex works, exclusive of tax on the basis of the rates communicated to the purchaser. Any tax, duty or other charge payable in application of French regulations, or those of an importing country or a transit country, shall be borne by the purchaser.

PAYMENT

Unless otherwise agreed, our invoices are payable in cash. After the opening of an account reserved for ongoing business relations, invoices are payable without discount by bill of exchange accepted and domiciled within 30 days of the end of the month.

In the event of late payment, the seller may suspend all orders, without prejudice to any other course of action. Any sum not paid by the due date shown on the invoice shall give rise, as from the day following the payment date shown on the invoice, to the application of a penalty equal to three times the legal interest rate as well as a fixed indemnity of 15% of the sums due by way of penalty clause. These penalties are payable without any formality or prior formal notice. In the event of non-payment, forty-eight hours after formal notice has been given, the sale will be cancelled by operation of law at the discretion of the seller, who may request the return of the products in summary proceedings, without prejudice to any other damages. Cancellation will apply not only to the order in question but also to all previous unpaid orders, whether delivered or in the process of being delivered and whether or not payment is due. Any sums due for other deliveries, or for any other reason, will become immediately payable if the seller does not opt to cancel the corresponding orders. The buyer must reimburse all costs incurred by the contentious recovery of sums due, including legal fees. Under no circumstances may payments be suspended or offset in any way without the seller's prior written agreement. Any partial payment will be applied first to the non-preferential part of the debt, then to the sums that fell due the earliest.
The seller reserves the right, at any time, depending on the risks incurred, to set a ceiling on each buyer's overdraft and to require certain payment deadlines or certain guarantees: "Art D 441-5 - the amount of the fixed indemnity for collection costs provided for in the twelfth paragraph of I of Article L 441-6 is set at €40".

TRANSFER OF RISK

The transfer of risks on the products, even in the case of a sale agreed carriage paid, takes place as soon as they are dispatched from the seller's warehouses. This means in particular that the goods travel at the buyer's risk, and it is the buyer's responsibility, in the event of damage, loss or shortages, to make any reservations or take any action against the carriers responsible.

RETENTION OF TITLE

We reserve ownership of the goods until full payment of the sale price as specified by the provisions of law no. 80-335 of 12 May 1980, J.O. of 13 May 1980.

EMBALLAGES

Packaging bearing the seller's trademark may only be used for his products and may under no circumstances be used for products other than his own. Any infringement of this rule will expose the perpetrator to criminal prosecution and the payment of damages.

JURISDICTION - DISPUTES

These general terms and conditions are subject to French law. The Court of Bourg-en-Bresse is the sole competent jurisdiction for any dispute arising between the parties, even in the event of a third party claim or multiple defendants.

UNIQUE IDENTIFIER

Unique identifier OCEDIS – EcoDDS : FR213249_07BEVH

Unique identifier OCEDIS – EcoSystem : FR007296_05M56Y