Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an internet user / natural person (hereinafter the "CUSTOMER") on the website materiel-agricole-eurotek.fr (hereinafter the "SITE") from Eurotek Distribution, a SARL (limited liability company) registered with the Albi Trade and Companies Register under number 452867294, having its registered office at Parc d’Activité des Massiès in Couffouleux (81800), Tel: 0563810968, email: information@eurotek.fr (hereinafter the "SELLER").

IMPORTANT

Any order placed on the SITE necessarily implies the CUSTOMER’s unreserved acceptance of these general terms and conditions of sale.

Article 1. DEFINITIONS

The terms used below have the following meaning in these General Conditions:

  • "CUSTOMER": refers to the contracting party of the SELLER, who guarantees having the status of a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that this CUSTOMER acts outside of any regular or commercial activity.

  • "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.

  • "PRODUCTS": refers to all products available on the SITE.

  • "TERRITORY": refers to Metropolitan FRANCE, including Corsica (excluding French Overseas Departments and Territories / DOM-TOM).

Article 2. PURPOSE

These General Conditions govern the sale of the PRODUCTS by the SELLER to its CUSTOMERS. The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual condition. 

Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS

The CUSTOMER agrees to read these General Conditions carefully and accept them before proceeding with the payment of an order for PRODUCTS placed on the SITE. These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download, print, and retain a copy of the General Conditions. The SELLER advises the CUSTOMER to read the General Conditions for each new order, as the latest version of said Conditions applies to any new order of PRODUCTS. By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood, and accepted the General Conditions without limitation or condition.

Article 4. OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to justify the agreement of their legal representatives. The CUSTOMER will be invited to provide information allowing their identification by completing the form available on the SITE. The asterisk (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. The tracking of DELIVERIES can, if applicable, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email at information@eurotek.fr to obtain information on the status of their order. The information provided by the CUSTOMER to the SELLER when placing an order must be complete, accurate, and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility, and the information provided.

Article 5. ORDERS

Article 5.1 Product Characteristics

The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS on the information sheets available on the SITE and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions). The CUSTOMER agrees to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, notably due to constraints related to its suppliers. Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.

Article 5.2. Ordering Procedure

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s starting page, the steps may differ slightly).

5.2.1. Selection of PRODUCTS and Purchase Options

The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the concerned PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, it is placed in the CUSTOMER’s shopping cart. The latter can then add as many PRODUCTS to their cart as they wish.

5.2.2. Orders

Once the PRODUCTS are selected and placed in their cart, the CUSTOMER must click on the cart and verify that the content of their order is correct. If the CUSTOMER has not yet done so, they will then be prompted to log in or register. Once the CUSTOMER has validated the contents of the cart and logged in / registered, an online form automatically filled in will be displayed for their attention, summarizing the price, applicable taxes, and, if applicable, delivery charges. The CUSTOMER is invited to check the content of their order (including quantity, characteristics, and references of the PRODUCTS ordered, billing address, payment method, and price) before validating its content. According to Article L121-19-3 of the French Consumer Code, the customer who places an order acknowledges their obligation to pay. The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the proper processing of the order.

 

5.2.3. Acknowledgment of Receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct. The SELLER does not send any order confirmation by postal mail or fax.

5.2.4. Billing

During the ordering procedure, the CUSTOMER must enter the information necessary for billing (the asterisk (*) will indicate the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the SELLER). The CUSTOMER must, in particular, clearly indicate all information relating to DELIVERY, specifically the exact DELIVERY address, as well as any access code to the DELIVERY address. The CUSTOMER must then specify the chosen method of payment. Neither the purchase order that the CUSTOMER draws up online nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

 

5.3. Date of the Order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.

 

5.4. Price

For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address, and the carrier or mode of transport chosen). Prices include, in particular, value-added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except for gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.

5.5. Availability of PRODUCTS

Depending on the PRODUCT concerned, the SELLER applies a "just-in-time" inventory management. Therefore, depending on the case, the availability of PRODUCTS depends on the SELLER’s stocks. The SELLER agrees to honor orders received subject to the PRODUCTS being available. The unavailability of a PRODUCT is, in principle, indicated on the page of the concerned PRODUCT. CUSTOMERS can also be informed of the restocking of a PRODUCT by the SELLER. In any case, if the unavailability was not indicated at the time of the order, the SELLER agrees to inform the CUSTOMER without delay if the PRODUCT is unavailable. The SELLER may, at the CUSTOMER's request:

  • Either offer to ship all PRODUCTS at the same time as soon as the out-of-stock PRODUCTS are available again,

  • Or proceed with a partial shipment of the available PRODUCTS initially, then ship the rest of the order when the other PRODUCTS are available, subject to clear information regarding the additional transport costs that may be incurred,

  • Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will obtain a refund of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.

Article 6. Right of Withdrawal

The terms and conditions of the right of withdrawal are provided for in the "Withdrawal Policy", a policy available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hyperlink.

Article 7. PAYMENT

7.1. Means of Payment

The CUSTOMER can pay for their PRODUCTS online on the SITE using the means offered by the SELLER. The CUSTOMER guarantees to the SELLER that they hold all the authorizations required to use the chosen means of payment. The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE. It is specified in this respect that all information relating to payment provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.

7.2. Payment Date

In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the order for PRODUCTS is placed on the SITE. In the event of a partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.

7.3. Late Payment or Refusal of Payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal, or otherwise, the transmission of the money flow owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.

Article 8. Proof and Archiving

Any contract concluded with the CUSTOMER corresponding to an order for an amount exceeding 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the French Consumer Code. The SELLER agrees to archive this information in order to track transactions and produce a copy of the contract at the CUSTOMER's request. In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

 

Article 9. Transfer of Ownership

The SELLER remains the owner of the delivered PRODUCTS until their full payment by the CUSTOMER. The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by them or by a third party designated by them other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause. Any risk of loss or damage to the goods is transferred to the customer at the moment when the latter or a third party designated by them, and other than the carrier proposed by the seller, takes physical possession of these goods. When the customer entrusts the delivery of the goods to a carrier other than the one proposed by the seller, the risk of loss or damage to the goods is transferred to the customer upon delivery of the goods to the carrier.

Article 10. Delivery

In the event of the seller's failure to fulfill their obligation to deliver the goods on the date or at the expiry of the period provided for or, failing that, at the latest 30 days after the conclusion of the contract, the customer may terminate the contract by registered letter with acknowledgment of receipt, or by a written statement on a durable medium, if, after having requested, under the same terms, the seller to make the delivery within a reasonable additional period, the latter has not performed within this period. The contract is considered terminated upon receipt by the professional of the letter or written statement informing them of this termination, unless the seller has performed in the meantime. Nevertheless, the customer may immediately terminate the contract when the seller refuses to deliver the product or when they do not fulfill their obligation to deliver the product on the date or at the expiry of the period provided for, and this date or period constitutes an essential condition of the contract for the customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the customer prior to the conclusion of the contract.

Article 11. Packaging

The PRODUCTS will be packaged in accordance with current transport standards, to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to respect the same standards when returning PRODUCTS under the conditions set out in Annex 1 – Withdrawal Policy.

Article 12. Warranties

12.1. Legal Warranty of Conformity

The SELLER is required to deliver a compliant PRODUCT, i.e., fit for the purpose expected of a similar item and corresponding to the description given on the SITE. This conformity also implies that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labeling. In this context, the SELLER is liable for any lack of conformity existing at the time of delivery and for lacks of conformity resulting from the packaging, assembly instructions, or installation when it has been charged to them or carried out under their responsibility. To comply with the contract, the product must:

  • Be fit for the purpose usually expected of a similar product and, where applicable:

    • correspond to the description given by the seller and possess the qualities that the latter presented to the customer.

    • present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling.

  • Or present the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the customer, brought to the seller's attention and which the latter has accepted.

The seller is not bound by the public statements of the producer or their representative if it is established that they did not know them and were legitimately unable to know them. The action resulting from the lack of conformity is time-barred after two (2) years from the DELIVERY of the PRODUCT. In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at their choice. However, if the cost of the CUSTOMER’s choice is manifestly disproportionate to the other option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CUSTOMER. In the event that replacement or repair is impossible, the SELLER agrees to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 9 Parc d'activites des Massiés 81800 Couffouleux.

12.2. Legal Warranty Against Hidden Defects

The SELLER is bound by the warranty in respect of hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would only have given a lower price, if they had known about them. This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned or a repair if the PRODUCT is not returned, subject to the cost conditions provided for in Article L211-9 of the French Consumer Code. In the event that replacement or repair is impossible, the SELLER agrees to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Parc d’activité des Massiès 81800 Couffouleux. The action resulting from hidden defects must be brought by the CUSTOMER within a period of two (2) years from the discovery of the defect to act. The customer may decide to implement the warranty against hidden defects of the product within the meaning of Article 1641 of the French Civil Code, and in this scenario, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

Article 13. Liability

The SELLER's liability can in no case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, particularly during the entry of their order. The SELLER cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals. Furthermore, it is specified that the SELLER does not control the websites directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

Article 14. Personal Data

The CUSTOMER's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution, and in compliance with the law. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email. In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons), and deletion of their personal data. They can exercise this right by sending an email to the address: information@eurotek.fr or by sending a letter to Parc d’activité des Massiès 81800 Couffouleux. It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending a photocopy of their identity document to the SELLER.

Article 15. Claims

The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 0563810968 (non-surcharged number). Any written claim from the CUSTOMER must be sent to the following address: Parc d’activité des Massiès 81800 Couffouleux.

Article 16. Validity of the General Conditions

Any modification of current legislation or regulations, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions. Any conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail commerce sector for companies whose registered office is located in France.

Article 17. Modification of the General Conditions

These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order. Modifications made to the General Conditions will not apply to PRODUCTS already purchased.

Article 18. Jurisdiction and Applicable Law

These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law. In the event of a dispute, only the French courts will have jurisdiction. However, prior to any recourse to an arbitral or state judge, negotiation in a spirit of loyalty and good faith will be favored with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity. The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, at the end of a period of fifteen (15) days, the parties fail to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below. Throughout the negotiation process and until its conclusion, the parties refrain from taking any legal action against each other for the conflict that is the subject of the negotiation. By exception, the parties are authorized to apply to the summary jurisdiction (référés) or to seek an order on petition (ordonnance sur requête). A possible action before the summary jurisdiction or the implementation of a procedure on petition does not entail any waiver by the parties of the amicable settlement clause, unless expressly intended otherwise.

ANNEX 1 — WITHDRAWAL POLICY

Principle of Withdrawal

The CUSTOMER has in principle the right to return or restitute the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of their decision to withdraw, unless the SELLER offers to collect the PRODUCT themselves.

Withdrawal Period

The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT. If the CUSTOMER’s order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.

Notification of the Right of Withdrawal

To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement to: Parc d’activité des Massiès 81800 Couffouleux or information@eurotek.fr. They can also use the form below:

WITHDRAWAL FORM

To the attention of [*] (*Seller's contact details):

Seller's telephone number* : 

Seller's email adress* :

I hereby notify you of my withdrawal from the contract for the sale of the product below:

Product refrence :

- Invoice No :

- Order Form No :

- Ordered on [            ] received on [           ]

- Means of payment used :

- Name of the costumer and, if applicable, of the benficiary of the order :

- Costumer's address :

- Date : 

For the withdrawal period to be respected, the CUSTOMER must transmit their communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of Withdrawal

The exercise of the right of withdrawal terminates the obligation of the parties either to execute the distance contract or the off-premises contract, or to conclude it when the customer has made an offer. The exercise of the right of withdrawal from a main distance or off-premises contract automatically terminates any ancillary contract, without costs for the customer other than those provided for. In the event of withdrawal by the CUSTOMER, the SELLER agrees to refund all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER’s wish to withdraw. The SELLER will proceed with the refund using the same means of payment as the one used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means; in any case, this refund will not occasion any fees for the customer. The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date retained being that of the first of these facts.

Return Terms

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the goods to: Parc d’activité des Massiès 81800 Couffouleux. This deadline is deemed respected if the CUSTOMER returns the goods before the expiration of the fourteen-day period.

Return Costs

The CUSTOMER must bear the direct costs of returning the goods.

Condition of the Returned Good

The PRODUCT must be returned according to the instructions of the SELLER and include, in particular, all delivered accessories. The CUSTOMER's liability is only engaged with respect to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT, but their liability may be engaged if they proceed with manipulations other than those which are necessary.

Packaging

The PRODUCTS are packaged in accordance with current transport standards, to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must respect the same standards when returning PRODUCTS. To this end, the CUSTOMER is invited to return the PRODUCT that does not suit them in its original packaging and in good condition, suitable for its re-commercialization.

Exclusions from the Right of Withdrawal

The right of withdrawal is excluded in the following cases:

  • Supply of goods or services whose price depends on fluctuations in the financial market.

  • Supply of goods made to the CUSTOMER's specifications or clearly personalized.

  • Supply of goods liable to deteriorate or expire rapidly.

  • Supply of sealed audio or video recordings or software which have been unsealed after delivery.

  • Newspaper, periodical, magazine (except for subscription contracts).

  • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure activities if the offer provides for a specific date or period of performance.

  • Supply of goods which by their nature are inseparably mixed with other items.

  • Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which were unsealed by the CUSTOMER after DELIVERY.

  • The supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only be carried out after 30 days, and whose real value depends on fluctuations in the market escaping the control of the SELLER.

  • Supply of digital content not supplied on a tangible medium if performance has begun with the consumer's prior express agreement, who has also acknowledged that they will thereby lose their right of withdrawal.

  • Contracts concluded at a public auction.

ANNEX 2 — DELIVERY POLICY

Delivery Zone

The PRODUCTS offered can only be delivered within French territory. It is impossible to place an order for any delivery address located outside this territory. The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER indicated during the ordering process.

Shipping Deadline

The times to prepare an order and then establish the invoice, before shipping the PRODUCTS in stock, are mentioned on the SITE. These deadlines exclude weekends or public holidays. An email message will automatically be sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address appearing in the registration form is correct.

Delivery Times & Costs

During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and shipping formulas for the PRODUCTS purchased. Shipping costs are calculated based on the delivery method. The amount of these costs will be owed by the CUSTOMER in addition to the price of the PRODUCTS purchased. The details of delivery times and costs are detailed on the SITE.

Delivery Terms

The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document. In case of absence, a delivery notice will be left for the CUSTOMER, to allow them to pick up their package at their post office.

Delivery Problems

The CUSTOMER is informed of the delivery date set at the time they choose the carrier, at the end of the online ordering procedure, before confirming the order. It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must formally notice the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, they may terminate the contract. The SELLER will refund the CUSTOMER the total amount...

 

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