Online store Yena Europe
Terms and Conditions Article I. Purpose and scope Any order for products, parts, or elements from S.A.R.L. Yena Europe, implies the acceptance without reserve by the buyer and his full and whole adhesion to the present general conditions of sale (CGV), which prevail over any other document, in particular the possible general conditions of purchase of the customer. Consequently, the placing of an order by a customer carries the unreserved acceptance of the latter, to the present general conditions of sale, except special conditions granted in writing by S.A.R.L. Yena Europe. No condition contrary to the provisions of the present GC. can not be opposed to S.A.R.L. Yena Europe if it has not previously accepted. S.A.R.L.L. Yena Europe reserves the right to modify the present C.G.V. at any time, the customer being deemed to have accepted the latest version. The present C.G.V. are available on the online sales site of S.A.R.L. Yena Europe. Any other document, such as catalogs, flyers, advertising, notices, and other is only informative and indicative, non-contractual. Article II. Intellectual property All quotes, plans and other technical and commercial documents given to customers, or appearing on the website of the S.A.R.L. Yena Europe remain the exclusive property of S.A.R.L. Yena Europe in all circumstances and must not be disclosed to third parties. Any copy or disclosure, even partial, without the consent of S.A.R.L.L. Yena Europe, will give rise to damage and interest. The reproduction or use of all or part of these elements is only authorized for the sole purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property, except preliminary authorization in writing of S.A.R.L. Yena Europe. In case of non-compliance with one of these GSC by a customer, it will automatically terminate his authorization to use the online sales site of S.A.R.L. Yena Europe. Previously downloaded or printed documents should be destroyed immediately.
Article III. Orders
Rates 3.01 - Rates in effect The products are supplied at the prices in effect on the day of placing the order, and, where applicable, in the specific commercial proposal sent to the customer. These prices are expressed in € uros net and excluding taxes, ex works and packing in addition. They are increased by the VAT, the transport costs in force on the day of the order, and, if necessary, the customs fees and the insurances which remain with the load of the Customer. 3.02 Product Availability The offers on the online sales site of S.A.R.L. Yena Europe, are valid only within the limits of available stocks. In case of unavailability of one or more items after validation of an order, the S.A.R.L. Yena Europe agrees to inform the customer within 8 days and to indicate the waiting time for receipt of the missing items. The customer can then request the cancellation, complete or partial, of his order by registered mail. S.A.R.L.L. Yena Europe then agrees to refund any payments already received corresponding to the canceled order amount. 3.03 Validation of the order Validation of an order by a customer is confirmation and full acceptance of these Terms. 3.04 Cancellation of the order According to the code of consumption, the customer has a right of withdrawal of 14 days from the day after the validation of his order. The customer must notify S.A.R.L. Yena Europe of the partial or complete cancellation of his order, by registered letter with acknowledgment of receipt. Returned items must be new, in their original packaging and have not been unpacked. The cost of return coli followed is the responsibility of the customer.
Article IV. Payment Terms
4.01 Payment methods Invoices are paid by check or bank transfer. Unless otherwise agreed, payment is required when placing the order. In no case should the outstanding amount of each client exceed 60 days, or 2,000 €. S.A.R.L.L. Yena Europe will not be obliged to proceed with the delivery of the products ordered by the customer if it does not pay the price under the conditions and in the manner indicated above. No discount will be granted in the event of payment in cash, in advance or in a shorter period than that contained herein C.G.V. or on the invoice issued by S.A.R.L. Yena Europe.
4.02 Late payment (a) Penalties Any late payment and payment of the sums due by the customer beyond the above deadline, and after the date of payment appearing on the invoice sent to it, will automatically entail the application of late penalties equal to three times the interest rate applied by the European Central Bank to its refinancing operations and calculated on the amount of the purchase price included in the said invoice. These penalties will be automatically and automatically acquired at S.A.R.L. Yena Europe, without any formality or prior notice, without prejudice to any other action than S.A.R.L. Yena Europe would be entitled to bring suit against the customer. In case of non-compliance with the terms of payment listed above, S.A.R.L. Yena Europe also reserves the right to suspend or cancel the delivery of orders in progress from the customer or, if necessary, to reduce or cancel any discounts granted to the latter. (b) Lump sum payment Finally, a lump sum indemnity for recovery costs, amounting to € 40 euros will be due, automatically and without prior notice, by the customer in case of late payment, without prejudice to the right for the S.A.R.L. Yena Europe to claim additional compensation if the recovery costs actually incurred exceeded this amount, upon presentation of receipts. (c) Termination clause Any incident of payment of the customer with the S.A.R.L. Yena Europe, will make payable immediately all debts remaining due by the customer to S.A.R.L. Yena Europe. In addition, if special conditions have been granted by S.A.R.L.L. Yena Europe to the customer, these conditions will become immediately void in case of late payment.
Retention of title S.A.R.L.L. Yena Europe reserves the right of ownership of the products sold, allowing it to repossess these products, until full payment of the price by the customer, even in the event of granting payment terms. Failure to pay will result in the claim of the goods, if it seems to the S.A.R.L. Yena Europe; the latter will be able to physically take possession of the delivered products, at the expense, risk and peril of the customer. Any deposit paid by the Client will be acquired as a lump sum compensation, without prejudice to any other actions that the S.A.R.L. Yena Europe would therefore be entitled to bring an action against the customer.
shipments 6.01 Deadlines Orders validated before 9:30 will be processed and shipped the same day. Delivery times are only indicative and depend in particular on the availability of products, the order of arrival of orders and the mode of transport chosen by the customer when placing an order.
6.02 Transportation Deliveries are made under the sole responsibility and risk of the customer. It is up to the customer, in case of damage to make with the carrier all the necessary reserves by letter recommended AR within 3 working days of delivery, in accordance with Article L133-3 of the Code of Commerce, with copy to the SARL Yena Europe. Otherwise, delivery will be deemed accepted by the customer. The customer acknowledges that it is the carrier who is responsible for the delivery, the S.A.R.L. Yena Europe is deemed to have fulfilled its obligation of delivery when it delivered the goods sold to the carrier who accepted them without reservation. The customer therefore has no recourse against the S.A.R.L. Yena Europe in case of default of delivery of the goods transported.
Transfer of Ownership - Risk Transfer Transfer of ownership of S.A.R.L. Yena Europe, for the benefit of the customer, will be realized after full payment of the price by the latter, and whatever the delivery date of the said products. On the other hand, it is expressly agreed that the transfer of the risks of loss and deterioration of the products is the responsibility of the buyer upon leaving the premises of S.A.R.L. Yena Europe. The goods therefore travel at the risk and peril of the buyer, who therefore accepts to bear all risks of loss and damage.
Article VIII.Supplier's liability - Warranty
8.01 Compliance The proposed articles comply with the French and European legislation in force. The total or partial impossibility to use the products, in particular due to incompatibility of materials, will not give rise to any compensation or reimbursement or questioning of the liability of S.A.R.L. Yena Europe. The photographs and texts reproduced and illustrating the articles presented are not contractual. Nevertheless, S.A.R.L.L. Yena Europe will replace as soon as possible and at its expense, the delivered products whose lack of conformity has been duly proven by the customer.
8.02 Scope and application of the guarantee In accordance with Article L. 211-1 to L. 212-1 of the Consumer Code, the products delivered by S.A.R.L.L. Yena Europe benefit from a warranty of 2 years from the date of delivery, covering the non-conformity of the products to the order and any hidden defect, resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use. This warranty is limited to the replacement or repair of non-conforming or defective products. This warranty is not applicable in case of misuse, negligence or lack of maintenance on the part of the customer, as in case of normal wear of the good or force majeure. In order to assert his rights, the customer must, under pain of forfeiture of any action relating thereto, inform the S.A.R.L.L. Yena Europe, in writing, the existence of vices within a maximum period of 3 working days from their discovery. S.A.R.L.L. Yena Europe will replace or have repaired items deemed to be defective. This guarantee also covers labor costs. This guarantee excludes the expenses related to the technicians' travel, or transportation of the products, which remain the responsibility of the customer. The replacement of defective items will not extend the duration of the above warranty. 8.03 Limitation of liability Items sold by the S.A.R.L.L. Yena Europe are provided as is, without any implied warranty as to the results obtained from their use or as to the fact that any user will be able to use it satisfactorily. The client acknowledges that he is solely responsible for his choice to achieve the expected results, and the results actually achieved. No liability can be attributed to S.A.R.L. Yena Europe or its suppliers, for direct or indirect damage, caused by improper use. The acquisition of a Yena Europe product as part of a business operation limits the liability of S.A.R.L. Yena Europe to replace the product in case of malfunction, within the limits of the legal warranty. S.A.R.L.L. Yena Europe will not be responsible for any operating loss, loss of sales or any other financial loss related to a product malfunction.
ANY DISPUTES TO WHICH THIS AGREEMENT MAY BE GIVEN, REGARDING ITS VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND SUITES WILL BE SUBMITTED TO THE TRIBUNAL OF BOURGES (CHER), FRANCE. Article X. Applicable Law - Language of Contract By express agreement between the parties, these General Terms and Conditions of Sale and the resulting purchase and sale transactions are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute. Article XI. Acceptance of the Buyer The present general conditions of sale as well as the rates and scales concerning the discounts, discounts and rebates in force, are expressly approved and accepted by the customer, who declares and recognizes to have a perfect knowledge, and gives up, therefore, with take advantage of any contradictory document and, in particular, its own general conditions of purchase.
Article X.Applicable Law
Language of the Contract By express agreement between the parties, these General Conditions of Sale and the resulting purchase and sale transactions are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Article XI. Buyer's Acceptance
The present general conditions of sale as well as the tariffs and scales concerning the discounts, discounts and rebates in force, are expressly approved and accepted by the customer, who declares and acknowledges having a perfect knowledge of them, and therefore waives prevail over any contradictory document and, in particular, its own general conditions of purchase.