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1-General

1-1 celduc relais’s website www.e-catalogue.celduc-relais.com, to which the present Terms apply, is not conceived for Consumers. Consumer protection law, related to so-called Business to consumer contracts, does not apply to contracts between Supplier and Customers who are purchasing for purposes related to their business activity. The celduc’s website is intended for use by business customers and not by private individuals acting as consumers.
1-2 All orders for products on the celduc® relais’ website www.e-catalogue.celduc-relais.com accepted by celduc® relais are subject to these terms and conditions of sale. No other terms will apply to the supply of products by celduc unless agreed in writing by an authorised signatory of celduc or expressly stated otherwise in these terms and conditions of sale.
The present Terms of sale may be updated or modified anytime by celduc .The Customer engages and obliges himself to print and keep record of these Terms..

2-Products

2-1- All descriptions and pictures of the products contained on the celduc’s website or on any documentation are approximate only and shall not form any part of the contract between celduc and the Customer.
2-2- celduc shall not be liable to the Customer for any errors or omissions in the technical characteristics on the celduc’s website, the celduc’s catalogue or other product advertisement.
2-3- Products range : celduc reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programm of product improvement, and such changes may take place during the life of any celduc’s catalogue. The most up to date information on the availability and design of the products is available on the celduc’s website.

3-Prices

3-1 The prices of the products are as set out on the celduc’s website at the time of order acceptance by celduc. celduc reserves the right to change prices without prior notice at any time.
3-2
All prices are in Euros, EXW Sorbiers (FR) ICC PARIS 2010,
include standard packaging and exclude VAT, transport charges and any other additional fee which celduc will add at the rate applicable at the date of order acceptance. Shipping cost will be calculated according to the ordering products and to the final destination (shipping address recorded in the customer’s account). On customer’s request additional fees could be added for specific shipping documents & certificates required.
3-3
VAT percentage is automatically rated by E-Commerce software according to data entered on customer’s profile and it is applied to French customers, UE consumers or to UE customers without any VAT nr interred, while it is excluded for VAT-exempt customers (foreign customers).
3-4 Shipping costs are DAP Named Point, excluded import Duty / Taxes and Customs Costs.

4-Order and invoicing

4-1 For ordering process the customer needs first to create a customer’s account if this is the 1st time he is placing an order on celduc’s website ; or log-in if he already has created an account. At the creation of his account, customer will be requested to fill-in a formular where he will mention: contact names, company name, shipping & invoicing addresses, tel & fax numbers, e-mail address. In some cases additional information may be required later.
4-2
When the customer is ready with the selection of products, he will validate its order by pressing “validate the order”. This validation is an acceptance of celduc’s terms & conditions of sales. Once the order’s validation has been done, the order will be proceed by celduc and confirm.
4-3 Once confirm by celduc, an order can’t be modified
4-4 Cancellation of an order by a professional customer is subject of a prior acceptation of celduc
4-5 celduc reserves the right to decline to trade with any company or person. celduc may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email within a reasonable period of receipt of the order by celduc. If celduc rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.
4-6 celduc executes orders to the Customer's requirements, but may provide substitute products when requested by the Customer, or when the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will be cancelled and refunded to the Customer.
4-7 Invoice is issued at same time of order confirmation by celduc. Purchase order shall be considered as contract proposal, as far as the catalogue is conceived only for information purposes and as offer. Acceptance by celduc relais could also take place as direct execution of orders, without requiring a preliminary formal order confirmation. 
4-8 Goods will be shipped together with Invoice 
4-9 Invoice shall be issued using data entered by the Customer when completing the on-line registration.
4-10 If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 11 (Cancellation and Returns) will apply.

5-Delivery

5-1 Regarding delivery, celduc will dispatch to Customer the selected and ordered products by the following carrier: Fedex for worldwide shippings.
Transport cost will be charged entirely to Customer and displayed at order entering, separately from cost of purchased goods. Additional costs may be charged in case of “home” delivery. In order to avoid these additional costs, delivery to one of the FEDEX’s local agency is possible – choose this option when selecting the shipping conditions.
5-2 Customer bears responsibility for purchased good.. Insurance coverage for damage occurred during transport is limited to legal amounts guaranteed by international freight forwarders.
5-3 After delivery, customer is responsible for checking that number of incoming packages is same as indicated on shipping document anticipated by e-mail; that packaging is still integral, not damaged, or however altered, even in closing materials (such as adhesive tape and straps). Any damage or missing package must be claimed immediately with the courier who is dispatching the goods. After signing the courier’s documents, Customer shall not be entitled to dispute the exterior appearance of dispatched packages. Celduc shall receive a copy of the claim within 3 working days.
5-4 Any eventual claim concerning integrity, correspondence or shortages of delivered products must be notified to celduc within 3 days of delivery, according to RMA proceeding (Return Material Authorization). Claims for shortages, weight or damages due to transport will not be accepted after 3 days of delivery.
5-5 If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Celduc’s record of the products dispatched (including the quantity) shall be conslucive evidence of the products received by the Customer, unless proved otherwise by the Customer.
5-6 Should the carrier be unable to dispatch the goods at delivery address as entered in the order form by the Customer, the goods will be hold for max 4 days. After this time, the order will be automatically cancelled and paid amount will not be refunded.

6-Payment terms

6-1 At the time of order entering, Customer will be able to display on the web shop page the total amount, including list price, VAT (if applying) and freight charges. 
6-2 Prices and payments are rated in Euro
6-3 Payment is done 100% in advance
6-4 Payment must be made by Credit Card, using the secure connection managed by xxxxxx or Paypal
6-5
Final invoice could be downloaded from your on-line account

7-Responsibilities and Limits

7-1 celduc relais declines responsibility for damages due to extraordinary events such as accidents, explosions, fires, strikes/riots, calamities and other events which should totally or partially prevent the regular execution of contract. Celduc relais will not be responsible for damages, loss and charges arising from failed execution of contract due to above mentioned circumstances. 
7-2 celduc relais is not responsible for any fraudolent or illegal use of credit cards made by third parties at time of payment for the purchased products. During the entire order proceeding celduc relais is not able to access and know credit card details of the Customer, who opens a secure and protected connection to send data directly to xxxxxx. Celduc relais is also not able to verify correct and legal origin of the payment mean which is given by the Customer at delivery of goods. Therefore the Customer who ordered and/or receives the goods will be responsible for illegal use of the above mentioned means of payment. 
7-3 celduc relais declines responsibility for accidents and damages to people and/or objects caused by tempering of its devices (including unauthorized repairing), failure to
provide proper environmental conditions, incorrect installation, misuse of the devices outside their specifications as declared in technical manuals. In case of justified complaint, celduc’s responsibility is limited to the replacement of the goods considered as defect. No compensation, nore any penalties could be asked. According to provisions of the article 17 of the law Nr 98-389 of May 19th, 1998, celduc disclaims the liability for damages to property and persons as long as they are going to be used in an appropriate manner.

8-Product warranties

8-1 Unless otherwise specified, particularly with regard to the number of handling operations related to the conditions of use, our products are guaranteed twelve months from the date of issuance of the delivery note.
This guarantee extends to the pure and simple replacement of the product deemed defective by our quality department, with the exclusion of any other material damage or consequential damage the defectiveness of the product may have incurred. This guarantee does not cover failures due to improper use or maintenance of the product.
8-2 celduc relaisreserves the right to invoice the cost of the transport, the labour and other expenses in the event of a return of parts not accounted for under the guarantee.
8-3 celduc relaisdeclines any responsibility if the original packing is not used at the time of a return. Please apply provisions of clause 11 (Cancellation and Returns).
8-4 Once the defect is recognized, the replacement is made with identical goods of the same characteristics and of the same number.

9-Customer’s obligations

9-1 Completing the login proceeding, Customer receives Username and Password to enter the restricted area of the web site. The combined use of Username and Password will identify the Customer uniquely, allowing him to make purchase orders.
9-2 Customer is aware that purchase orders issued by combined use of Username and password are valid and binding even if issued by third parties. Activation of services ordered by third parties binds the Customer to payment of due amount.
9-3 Customer declares to be a legal entity or professional and to act for purposes related to own business/professional activity.
9-4 Customer is committed to keep Username and Password reserved for the entire duration of the business relation with celduc. Customer is also aware that a valid e-mail address must be notified, with the purpose of sending order confirmations and any eventual communication. 
9-5 Customer will promptly notify celduc in written form the eventual loss or theft of password. Celduc reserves the right to disable or interrupt the service anytime if entered data should turn out to be incorrect or not existing. 

10-Cancellation of contract and expressly Termination clause

10-1 celduc relais is entitled to breach the contract under justified motivations simply informing the Customer. The parties furthermore jointly agree that the breach of the provisions under articles 6 (payment) and 9 of this contract is to be considered in any case, whatever the importance of the violation, as a justifiable reason for immediate termination under article 1456 of Civil Code.  

11-Cancellations and Returns

11-1 Except confirm in written form by celduc, once validated by the customer other than Consumers and confirmed by celduc, an order can’t be cancelled
11-2 In the event of cancellation by the customer other than Consumers (prior agreed by celduc) a processing charge will apply in respect of all products returned other than due to defects covered by the warranty at clause 8 (20% of the value of the product(s)).
11-3 For Consumers wishing to return a product, no processing charge will be applied if the correct procedure is followed as set out in this clause 11-4.
11-4 Customers may only return products to celduc, and receive a credit or refund and on the following conditions:
-The Customer should contact celduc to obtain celduc’s agreement for the return and send the “return product form” duly completed
-Return must be made within 30 days of the date of delivery (as stated on the delivery documentation) in case of reprocessing of the stock
-Products must be returned to celduc in their original condition and packaging
-Products must be returned to celduc adequately packed and clearly labeled to: QUALITY DEPARTMENT, celduc relais, 5 rue Ampère, 42290 SORBIERS, FRANCE
-The Customer must quote the invoice details and the original dispatch note, otherwise any credit given for the returned products will be based upon the lowest sales price.

12-Data collection and privacy policy

12-1 CNIL’s declaration Nr : 2076620 v 0
12-2 Customer is aware that data are collected and stored by celduc relais. The collected data are those supplied by the Customer in order to enter the on-line services at www.e-catalogue.celduc-relais.com.
Data are collected and stored for the following purposes: compliance with law dispositions, execution of sale contract, interactive marketing information (advertising materials) and better understanding of Customers requirements. Personal data are not collected. Data collection and storage include use of both automatic and manual systems.
Disclosure is limited to celduc relais and to the providers of services involved in the execution of contract or actions in compliance with law obligations. Full list of these third parties is available upon request. Customer’s consent to data collection is not required for the following purposes: A) execution of contract or legal obligations; B) technical anonymous data referring to connecting sessions. Consent is requested for data stored with marketing and advertising purposes or for better understanding of Customer’s needs.
12-3 Data are stored for 10 years and data will be destroyed at expiry of this term. Should the Customer deny consent to data storage as above described, this will prevent the execution of contract.
12-4 In compliance with measures set forth in Law n° 78-17, article 34, dated January 6, 1978 on information technologies, files and freedom, users possess rights of access to any data concerning them, together with rights for modifying or suppressing this data. To exercise this right, users just have to send a letter or an e-mail to celduc® relais 
12-5 Customer is aware of celduc relais privacy policy and expressly agrees with collection and storage of data entered at registration for the access to on-line service, as above described. 

13-Arbitration and governing law

13-1 Any and all disputes arising from application, execution, interpretation or violation of sales contracts completed on-line on the web site www.e-catalogue.celduc-relais.com shall be amicably and promptly settled upon consultation between the parties hereto, but in the event of failure to agree, the matter shall be settled by arbitration in France in accordance with the Rules of The Chambre de Commerce International de Paris and the award shall be final and binding upon both parties.
13-2 The validity, construction and performance of this agreement shall be governed by and interpreted in accordance with the laws of France.

14-Intellectual property : Patents, trademarks, logos, Software

14-1 Customer expressly recognizes that celduc relais trademark, logo and know-how related to the purchased products belong to industrial and intellectual property of celduc relais. 
14-2
The user agrees to not reproduce, summarise, modify, distort or rediffuse any text, title, application, logo, copyright, information or illustration for any use other than those that are strictly private, without the editor’s express prior authorisation, which excludes any representation for professional purposes or mass rediffusion. Similarly, the user agrees not to recopy all or part of the site on another site or on any inhouse company network.
14-3
The site, text, images, sounds, photos, graphics, downloadable files and, more generally, all objects contained in the site are the exclusive property of celduc® relais and/or the creators named. This site and the elements that compose it constitute works protected by French legislation and international agreements on copyright and intellectual property.
Reproduction of the site or any individual elements that are a part of it is forbidden except with express prior authorisation from the publications manager. The name of the creator and the source must be given for any authorised reproduction or short quotation.
Photo references : Fotolia ® et celduc® relais

15-Links

The creation of links or frames on the site requires prior authorisation from celduc® relais. This prior authorisation applies for the creation of :
– Any hypertext link on the splash leaf in a new navigator window,
– Any link to a page inside the site,
– Any link via windows (framing),
– Any link to an object contained in the site (inlining),
– And more generally any technique for creating hypertext links.
celduc® relais reserves the right to withdraw all links towards the site that have not been authorised, or that can no longer be authorised.
The celduc® relais site is liable to contain links towards other sites. celduc® relais does not except any liability for the contents of these sites. celduc® relais n’assume pas et n’est pas responsable du contenu de ces sites. The presence of these links on the celduc® relais site in no way implies that celduc® relais has any control on these sites or approves their contents. celduc® relais recommends the user to refer to the policies of the respective sites.

16-Terms of Service Web Analytics

To identify trends and improve the quality of our online services, a few non-personal items of usage data, such as your IP address, the website you last visited, which browser you are using, date and time, etc., are recorded (“Google Analytics”). The data is anonymized.
Extract from the terms and conditions for the use of the Google Analytics service (Chapter 8.1)
“This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.”