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Terms and Conditions of Sale

PREAMBLE

Enciris Technologies sells electronics boards and modules exclusively to businesses, consultants, manufacturers, system integrators, and OEMs.

The Terms and Conditions apply only to B2B transactions. Enciris Technologies does not sell to individuals, hobbyist, consumers, etc.

ARTICLE 1 – DEFINITIONS

These terms have the following defined significance in Terms and Conditions:

  • Buyer: Person or entity that purchases a Product or Service from the Seller.
  • Order: A buy order for one or more Products.
  • Parties : The Buyer and/or the Seller
  • Product : Product and or Service sold by the Seller
  • Seller : SAS Enciris Technologies (Av. de l'Europe, 81600 Gaillac, France.
  • RCS: 488 505 793 ALBI, TVA: FR69488505793) which is the company that sells the products to the Buyer.

ARTICLE 2 – PURPOSE

These terms and conditions define the rights and obligations of the Seller and the Purchaser as they pertain to the sale of Products and Services.

ARTICLE 3 – SCOPE

The Terms and Conditions apply to all sales of Products by the Seller to the Buyer. Exceptions can be made under special arrangements put into place between Sellers and Buyers. An Order will only be processed by the Seller only after prior approval of Terms and Conditions by the Buyer. These Terms and Conditions take precedence over the general conditions of purchase.

ARTICLE 4 – PLACING AN ORDER

The Buyer places his Order by means of the Website, email, telephone, fax, or mail. The Buyer declares that he has read Terms and Conditions prior to placing Order and acknowledges that the placing of an Order implies his approval of Terms and Conditions. The Buyer acknowledges that Conditions are may be read and/or reproduced whenever Purchaser wishes to do so, in accordance with the article 1369-4 of the French Civil code.

To place Order, the Buyer must provide the Seller personal data by filling an online form or by contacting the Seller directly by email, mail, fax, or telephone.

When purchasing at Website, an Order is placed when the Buyer clicks on the button "Submit order" during the confirmation of his Order. Up until this final stage, the Buyer is able to return to the previous pages and modify or correct his Order. A confirmation email, acknowledging receipt of an Order with all information provided by Buyer, will then be sent to Buyer, shortly after placing of Order. The Buyer must provide a valid email address when requested at Website or when placing an order by email, telephone, mail, or fax. When an order is placed, the order is reviewed during normal business hours.

When Buyer selects credit/debit card as the payment method:

  1. Invoice will be sent to Buyer as soon as order is reviewed.
  2. Funds are not processed (i.e. not transferred to Sellers bank account) until the Product is shipped.

When Buyer selects bank/wire transfer as the payment method:

  1. Invoice will be sent to Buyer as soon as order is reviewed.
  2. The product will ship as soon as we get confirmation from our bank that the payment is received.

When Buyer selects purchase order as the payment method:

  1. Invoice will be sent to Buyer when the product ships.
  2. Payment is made by bank/wire transfer or cheque when Invoice becomes due.

If a product is not available, the Seller promises to inform the Buyer about it by email as soon as possible. If this is the case the Buyer will have the option to wait until product becomes available, modify, or cancel the order. If payment via bank/wire transfer has been completed, Seller will reimburse Buyer, with a bank/wire transfer.

ARTICLE 5 – PAYMENT

The prices of Products at our Website do not include value added tax (VAT, TVA, MWS, etc.) nor shipping and duties. All prices are in Euros and all invoicing is done in Euros. Other currencies (specifically USD) may be handled under special arrangement between Seller and Buyer. Products will be invoiced at the Price given at the time the Order is placed.

Minimum order is 100 Euros.

Payment methods available :

  1. Bank/wire transfer (IBAN/Swift)
    • IBAN
    • SWIFT
    • International wire transfer
    • USA domestic wire transfer
  2. Credit/debit card.
    • Credit/Debit card payment will only be processed when product is shipped.
  3. Purchase order
    • The Buyer must be first be qualified by Seller
    • Terms 30-days from invoice date. Invoice is issued when product is shipped.
    • Late payment is subject to a penalty as presented on invoice.

THE TRANSFER OF OWNERSHIP OF THE PRODUCT WILL ONLY TAKE PLACE ONCE SELLER HAS RECEIVED PAYMENT IN FULL.

ARTICLE 6 – MODIFICATION OF A PLACED ORDER

If Buyer wants to modify or cancel his order, the Buyer must send the request in writing by filling in the contact form at the Website, email, or by post. The order is not cancellable or modifiable once it has been shipped. A confirmation, acknowledging receipt of a request to modify or cancel the order, will be sent to the Buyer be email.

ARTICLE 7 – DELIVERY

The Products are delivered to the delivery address provided by the Buyer when the order is placed. Order are handled in the order they are received and according to the availability of the Products or Services. The scheduled delivery time indicated at the time of purchase is purely indicative and is subject to potential supply and shipping problems. Any late delivery of Product or Service is not in any way subject to penalties of any kind. When the delivery of Product or Service exceeds scheduled delivery date by more that 5 days and that this delay is not the result of 'force majeure', Seller will inform Buyer via email and the Buyer, at this time, has the option to cancel the order. All Products are shipped from Seller's warehouse in Gaillac, France.

ARTICLE 8 - RETURNS All

Products being returned for whatever reason must be accompanied by a Return Material Authorization (RMA) number which must be clearly marked on the outside of the package . Buyer can obtain an RMA by using the contact form at the Website, email, telephone, email, or fax. Buyer can return products to the Seller within 7 days of reception for a full refund, if the product is unused, undamaged, and in its original packaging. Seller will accept returns for a period of 90 days after shipment. A restocking charge of 30% of the purchase price will be charged for returning the Product to stock. The product is unused, undamaged, and in its original packaging. All Products are returned at the Buyers expense and risk. When Buyer has acquired a product for a 30 day evaluation period, the product may be returned anytime during this period.

ARTICLE 9 – GUARANTEE - WARRANTY

The Buyer benefits from a Guarantee from defects in manufacturing (article 1641 du French civil code.)

The Seller warrants hardware Products to be free from defects in material and workmanship and perform to applicable published specifications for two years from the date of shipment to purchaser. The Seller will, at its option, repair or replace equipment that proves to be defective during the warranty period. This warranty includes parts and labour.

The warranty provided does not cover equipment subjected to abuse, misuse, accident, alteration, neglect, or unauthorized repair or installation. Seller shall have the right of final determination as to the existence and cause of defect. As for items repaired or replaced under warranty, the warranty shall continue in effect for the remainder of the original warranty period, or for ninety days following date of shipment by Seller of the repaired or replaced part, whichever period is longer.

A Return Material Authorization (RMA) number must be obtained from the Seller and clearly marked on the outside of the package before any purchased product will be accepted for warranty work or return to stock. Buyer is responsible for paying shipping to return Product to Seller. Seller will pay the shipping costs of returning to the owner parts that are covered by warranty.

ARTICLE 10 – LIMITATION OF RESPONSIBILITY

The products we sell are not to be used in situations where there use, misuse, or failure could possibly put life or property at risk of injury, this includes but is not limited to life support equipment, without prior written authorization from the President of Enciris Technologies. Under no circumstances shall the Seller be responsible for any direct, indirect, incidental or consequential damage to property or life that result from, or arise out of the use of, misuse, or failure of Sellers Products or Services.

ARTICLE 11 – INTELLECTUAL PROPERTY

The content of the Website, such as pictures, images, text, database, etc., are the property of the Seller. The ownership of the content is protected by intellectual property rights laws. The Seller does not authorize the reproduction, representation, modification, adaptation, translation, extraction, and/or re-utilisation of qualitatively or quantitatively substantial parts of the Website except for what is needed for normal use.

ARTICLE 12 – PERSONAL PRIVACY

The Buyer is informed that when he registers on our Website or places an order, personal information about the Buyer is collected and processed by the Seller. This article is a requirement made by the "Commission Nationale Informatique et Libertés en application de la loi n°78-17 du 6 janvier 1978."

The Buyers is informed that his data:

  • is collected in a loyal and lawful way,
  • is collected for legitimate and definite, determined purposes
  • will not be later treated in an incompatible way with these purposes
  • is appropriate, pertinent and not unreasonable with regard to the purpose for which they are collected and ultimately used
  • is precise and complete,
  • is kept under a form allowing the identification of the persons concerned for a period that does not exceed the duration necessary for the purposes for which they are collected and treated.

The Seller promises to take all the necessary precautions to preserve the security of data, including every effort to prevent its distortion, damage or unauthorized access by third parties.

The Buyers data is used to process orders and to improve and personalize services provided by the Seller. They are not intended to be transmitted in third parties. The Seller uses a cookie in the Buyers computer. Cookies are a feature of web browser (Internet Explorer, Netscape Navigator, etc.) software that allows web servers to recognize the computer used to access a site. They are small pieces of data that are stored by a user’s web browser on one site to simplify subsequent interactions with that site by the same user or to use the information to streamline the user’s transaction on related web pages. This makes it easier for a user to move from site to site and to complete transactions over the Internet.

Cookies should make your online experience easier and more personalized. The lifetime of the cookie installed on the Buyers computer is 1 year. If you do not wish to transmit “cookie” information about yourself, you may turn off the cookie function in your web browser; please consult the “Help” section of your browser to correctly do so.

The Buyer has the right to refuse that his personal data be used for canvassing purposes, including sales or promotional activities. The Buyer can request at any time confirmation that his data is not being used for sales or marketing purposes. He may also request any information as to how his data is being used and where and how the information was acquired. The Buyer has the right to request that his personal information be corrected, completed, updated, locked, or removed.

If you have concerns or wish to exercise your previously described rights please contact: Cornelia Weissfloch, ZA de Roumagnac, 81600 Gaillac, France.

ARTICLE 13 – AGREEMENT ON PROOF

It is specifically required that Parties communicate with each other via electronic means (email, Website, etc.) in order to meet the requirements of the Terms and Conditions. Both Parties agree that emails exchanged between are sufficient to prove the content of their exchanges legitimately and, if need be, of their commitments, notably as it pertains to transmission and approval of Orders and Invoices.

ARTICLE 14 – PARTIAL INVALIDITY

If one or more of the stipulations of the Terms and Conditions are considered invalid, this invalidity in no way affects the other stipulations unless inseparable from the invalid or void stipulation.

ARTICLE 15 – APPLICABLE LAW

These Terms and Conditions are governed by the laws of France.

ARTICLE 16 – DISPUTE RESOLUTION

PARTIES AGREE THAT IN CASE OF LITIGATION THAT COULD ARISE CONCERNING EXECUTION OR INTERPRETATION OF TERMS AND CONDITIONS THAT THEY WILL MAKE EVERY EFFORT TO FIND AN ACCEPTABLE COMPROMISE.

IN CASE OF FAILURE TO FIND AN AMICABLE RESOLUTION, ANY LEGAL PROCEEDINGS WILL BROUGHT TO THE "TRIBUNAL DE COMMERCE D'ALBI", FRANCE, THE TRIBUNAL OF COMMERCE IN WHOSE JURISDICTION ENCIRIS TECHNOLOGIES IS LOCATED.