Terms and Conditions

 

Article 1 - Purpose and scope

1.1  Ordering products implies acceptance by the buyer and the full acceptance of these general conditions of sale shall prevail over any other document of the purchaser, including all terms and conditions of purchase, except special agreement prior express consent of our company.

1.2  These general conditions of sale apply to all sales of products by our company unless otherwise agreed prior to the agreed upon in writing between the parties control. Consequently, the placement of an order by a customer carries the unreserved, the latter, the present general conditions of sale, unless special conditions agreed in writing by our company to the purchaser.

1.3    Any other document that the present general conditions of sale, including catalogs, brochures, advertisements, notices only informative and indicative, not contractual.

 

Article 2 - Intellectual property

All technical documents delivered to our customers remain the exclusive property of EQUUS HARMONY DENTAL, the sole owner of the intellectual property rights of these documents, and must be returned to him at his request.

Our customers agree to make no use of these documents, which may affect the rights of industrial or intellectual property of our company and undertake not to disclose to any third party.

Equus Dental Harmony owns the intellectual property rights and has the rights to use all the elements available on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without prior written permission of the company. Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.

 

Article 3 - Orders

3.1 Definition

Per order means any order for our products on our rates, and accepted by our company, together with payment of the deposit may be provided on the order form. Upon receipt of the order, it has a finality to the customer unless written acceptance by us.

3.2 Subject to our acceptance, any request for change in the composition or size of an order placed by a customer shall not be taken into account by our company, if the request is made in writing, including fax or e- electronic and reached our society, within 8 days after receipt by us of the initial order.

In case of modification of the order by the customer, our company will be untied agreed deadlines for its implementation.

Under each product is indicated the availability thereof.

"In stock" : the product is available in stock

"Product available for orders" : the product isn't in stock and we start manufacturing upon receipt of your ordre

"Out-of-stock" : the product is no longer available and orders are temporaly suspended

 

Article 4 - Delivery

4.1 Time

4.1.1 Delivery times are given only for informative purposes.

Our company strives to meet the delivery times it indicates the acceptance of the order, and execute commands, except force majeure or in the event of circumstances beyond its control, such as strikes, frost, fire , storm, flood, epidemic, supply difficulties, although this list is not exhaustive.

Delays in delivery can not give rise to any penalty or compensation, or motivate the cancellation request.

4.1.2 Any delay in relation to the indicative delivery originally planned, do not justify termination of the order placed by the customer and recorded by our society.

4.2 Risks

The transfer of risk takes place upon delivery of the equipment.

4.3 Transport

The customer, in case of damage to goods delivered or missing, to make all necessary reservations to the carrier / company.

Any product that has not been registered with AR reserves within 3 days of receipt from the carrier in accordance with Article L. 133-3 of the Commercial Code, and copies shall be sent simultaneously to our society will be considered accepted by the customer.

4.4 Reception

4.4.1 Without prejudice to be taken by the customer vis-à-vis the carrier as described in Section 4.3 in the case of apparent defects or missing, any claim of whatever nature, relating to delivered products will be accepted by our society only if it is done in writing, with acknowledgment within 3 days provided for in Article 4.3 letter.

4.4.2 It is up to the buyer to provide any justification as to the reality of the observed defects or missing,

4.4.3 No return of goods can be made by the customer without the express prior written consent of our company, especially obtained by fax or email.

Return costs will be borne by our company in case a visible defect or missing, is indeed found by the latter or his representative.

Only the carrier chosen by our company is able to make the return of products.

4 4.4 When, control an apparent defect or missing is indeed found by our company or its agent, the customer can ask our company that replacement of nonconforming item and / or addition to be made to fill the missing expense thereof, without the latter being able to claim any compensation or cancel the order.

4.4.5 The unconditional acceptance of products ordered by the customer covers all visible defects and / or missing.

Any reservation must be confirmed in accordance with Article 4.4.1.

4 4.6 The claim made by the purchaser under the terms and conditions described in this section does not suspend the payment by the customer of the goods concerned.

4.4.7 The responsibility of our company can in no way be blamed for acts during transport, destruction, damage, loss or theft, even if she chose the carrier.

4.5 Suspension of deliveries

In case of non-payment of an invoice expired after notice had no effect within 48 hours, our company reserves the right to suspend any outstanding deliveries and / or future.

4.6 Cash

All orders we accept are run, given the fact that the client has adequate financial guarantees, and he actually settle the amounts due at maturity, according to the law. Also, if our society has serious reasons to fear or special payment difficulties of the customer on the date of the order, or after it, or if the client does not have the same guarantees as the date of acceptance of the order, our company can make acceptance of the order or the pursuit of his performance to a cash payment or provision by the customer, guarantees for the benefit of our society.

Our company shall also be entitled, before the acceptance of any order as running, require customer communication of its accounting records, including income statements, even forward, enabling it to assess its solvency .

In case of refusal by the customer cash payment without sufficient guarantee is given by the latter, our company may refuse to honor the (the) order (s) passed (s) and deliver the goods concerned, without the customer can claim a wrongful refusal to sell, or claim any compensation.

4.7 Refusal to Order

In the event that a customer places an order with our company without the payment of the process (of) order (s) above, our company may refuse to honor the order and deliver the goods concerned, without the customer being entitled any compensation for any reason whatsoever.

 

Article 5 - Price

5.1 Prices

5.7.1 The current price may be revised at any time prior knowledge of our customers.

Any rate change will automatically apply to date on the new price.

5.2 Price

5.2.1 Our prices are fixed by the tariff in force at the time of placing the order. They always exclude taxes, non-packaged products made in our stores / delivered.

5.2.2 Our prices are calculated net, without discount, and payable in cash or by the date indicated on the invoice.

For prices specified amount, any order for a lesser amount, results in a change of quoted price.

5.2.3 Unless otherwise agreed, delivery delays do not constitute any cancellation or modification of the contract. They do not give rise to damages. Penal clauses on commercial paper of our customers we are unenforceable.

5.2.4 The deadlines contained in an order are accepted by our society and not undertake, under the following conditions: compliance with the customer payment terms and payment of installments timely provision of technical specifications and avoiding delays in the preparatory work or studies, no cases of force majeure, social events, political, economic or technical impeding the operation of our business or supplies.

 

Article 6 - Payment terms

6.1 Payment

Our invoices are payable in cash, upon order, by check, transfer or credit card.

6.2 Non-payment

6.2.1 Any late payment will result in the application of Article N ° 53-II of the NRE Act, a penalty equal to the interest rate applied by the European Central Bank plus 10 points.

A penal clause of 15% on the unpaid amounts will be automatically applied.

Under article L441-6 of the French Commercial Code, a lump sum compensation fixed by decree and a supplementary recovery indemnity will be claimed in addition to the expenses incurred according to the receipts.

From 1 January 2013, any debtor paying an invoice after the expiry of the payment period must pay a lump sum compensation of recovery costs of 40 €

6.2.2 In addition, our company reserves the right to apply to the competent court so that he may put an end to this breach, in daily penalty for each day late.

 

Article 7 – Retention of title 

7.1 The transfer of ownership of our products is suspended until full payment thereof by the client, principal and accessories, even when granting payment terms. Anything to the contrary, including inserted in the general conditions of purchase, is void, pursuant to Article L. 624-16 of the Commercial Code.

7.2 By express agreement, our company can play its ownership interest under this clause reserving ownership to any of its claims on all its products in the customer's possession, the latter being conventionally assumed to be unpaid, and our company may recover or claim for damages for all unpaid bills, without prejudice to its right to withdraw pending sales.

7.3 The company may also require, in the event of non-payment of a bill on time, the return of the sale after sending a simple notice.

7.4 In case of opening of insolvency proceedings or liquidation of assets, current orders will be automatically canceled and our company reserves the right to claim the goods in stock.

7.5 This clause does not prevent the risk of the goods are transferred to the buyer upon delivery to it.

7.6 At the date of delivery, the buyer is custodian and guardian of the goods.

In the case of non-payment, unless we prefer to ask the full execution of the sale, we reserve the right to cancel the sale after notice and claim the goods delivered, the cost of return the responsibility of the buyer and we MADE payments being acquired as a penalty clause.

 

Article 8 - Liability for defects and unseen

Legal guarantees

We inform you that in the event of a lack of conformity of the goods with the contract, the legal guarantee of conformity mentioned in articles L.217-1 to L.217-14 of the Consumer Code and that relating to the defects of the thing sold, mentioned in articles 1641 to 1648 of the Civil Code, will apply in accordance with the law.

Article L217-3 of the consumer code: 

“The provisions of this chapter are applicable to contractual relations between the seller acting in the context of his professional or commercial activity and the buyer acting as a consumer. For the application of the provisions of this chapter, a producer is the manufacturer of a tangible personal property, the importer of this property in the territory of the European Union or any person who presents himself as a producer by affixing his name , its mark or another distinctive sign. "

Article L217-4 of the consumer code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. ”

Article L217-5 of the consumer code: 

"The goods comply with the contract : 

1 - If it is suitable for the use normally expected of a similar good and, if applicable 

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; 

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 

2 - Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. "

Article L217-12 of the consumer code:

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".

Article 1641 of the civil code:

 "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lesser price, if he had known them ”.

Article 1648 of the civil code:

"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."

Article L217-12 of the consumer code: 

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods". 

Article 1641 of the civil code:  

"The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lesser price, if he had known them ”. 

Article 1648 of the civil code: 

"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."

In the event of a legal guarantee of conformity action, the consumer: 

- has a period of two years from the delivery of the goods to act, - can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code, - is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies independently of the commercial guarantee. In the event that the consumer decides to implement the guarantee for latent defects of the thing sold as provided for by article 1641 of the civil code, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the said code.

Method of dispute resolution 

For any question relating to your purchase, do not hesitate to contact us at +33 4 74 72 47 85 or +33 6 70 88 78 70. If you cannot find a solution that gives you satisfaction, you can send us a complaint by mail to Customer Service at the following address: Equus Dental Harmony - 38 C chemin de Parenty - 69250 Neuville sur Saône, which undertakes to respond within 15 working days to complaints made by mail. In accordance with Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ If a dispute persists, French common law rules would apply.

 

Article 9 - Force Majeure

Are considered as force majeure or fortuitous events beyond the control of the parties, they could not reasonably be required to provide, and could not reasonably have avoided or overcome, since their occurrence makes it totally impossible to perform the obligations.

Include treated as force majeure or fortuitous discharging our company from its obligation to deliver within the time originally planned: strikes all or part of the staff of our company or its usual carriers, fire, flood, war, downtime due to accidental failure, inability to obtain supplies of raw materials, epidemics, thaw barriers, roadblocks, strikes or supply disruption EDF-GDF, or supply disruption for reasons not attributable to our society because, as well as any other cause of failure of supply due to our suppliers.

In such circumstances, our company will notify the customer in writing, including by fax or email within 24 hours of the date of occurrence of events, the contract between our company and the customer will be suspended automatically without pay, to the date of occurrence of the event.

If the event were to last more than 30 days from the date of occurrence thereof, the contract of sale by our company and its client may be terminated by either party, neither party being entitled to the award of damages,

Such termination shall take effect on the date of presentation of the first letter with acknowledgment denouncing said sales contract.

 

Article 10 - Jurisdiction

10.1 The address for service is made by our company at its registered office,

10.2 Toul dispute about the application of these general conditions of sale and their interpretation, execution and sales contracts entered into by our Company, or payment of the price shall be brought before the court of the seat of our society, whatever place the order, delivery, and payment and mode of payment, even if appeal or multiple defendant.

10.3 The allocation of jurisdiction is general and applies whether it is a main demand of an interlocutory application, an action or an interim bottom.