Current as of March 1, 2021
TABLE OF CONTENTS
- PURPOSE - SCOPE OF APPLICATION
- EFFECTIVE DATE / DURATION
- INTELLECTUAL PROPERTY
- ORDER
- DELIVERY
- PACKAGING
- RATES AND FINANCIAL TERMS
- WARRANTIES AND LIABILITY
- COOLING-OFF PERIOD
- ATTRIBUTION OF JURISDICTION
- DISCLAIMER
- FORCE MAJEURE
- INDEPENDENCE OF PROVISIONS
- APPLICABLE LAW
POWERTEC EUROPE's main activity is the sale of fitness and body-building products (hereinafter referred to as "the Products").
1. PURPOSE - SCOPE OF APPLICATION
All orders for Products imply full, complete and unreserved acceptance by the professional Customer (hereinafter referred to as "the Buyer" or "the Customer") of these general terms and conditions of sale.
General terms and conditions of sale for private customers are available on our website at the following address: TO BE COMPLETED WHEN FINALIZING THE SITE
These general terms and conditions of sale prevail over any document issued by the purchaser, and in particular over the purchaser's general terms and conditions of purchase, unless expressly agreed otherwise in advance by our company.
All other documents issued by our company, such as catalogs and advertisements, are for information purposes only and are not contractually binding.
These general terms and conditions of sale are communicated to all professional purchasers who request them in order to enable them to place an order, as well as to any distributor prior to the single agreement referred to in article L. 441-7 of the French Commercial Code.
Our company reserves the right to grant special conditions during negotiations.
These terms and conditions apply to all sales to French professionals. For deliveries outside mainland France, please contact our company directly at the following address:sales@powertec-europe.fr
2. EFFECTIVE DATE / DURATION
These General Terms and Conditions of Sale are current as of April 1, 2021.
They are subject to subsequent modifications.
The general terms and conditions of sale applicable are those in force on the date of the order. They remain in force until the rights and obligations of the order for which either party is responsible are extinguished.
3. INTELLECTUAL PROPERTY
All technical documents, products and photographs supplied to our customers remain the exclusive property of POWERTEC Inc. is the sole owner of the intellectual property rights.
The customer expressly and unreservedly agrees not to use these documents in any way that might infringe intellectual or industrial property rights, and undertakes not to divulge them to any third party.
4. ORDER
4.1 Ordering
All sales are only valid after full payment of the order on our website.
An order is understood to be any order for Products accepted by the latter and accompanied by the total or partial payment stipulated on the order form.
For any exceptional requests such as large volumes, please contact us directly at the following e-mail address: sales@powertec-europe.fr
4.2 Modification
Orders sent to our company are irrevocable by the customer unless expressly agreed by our company.
4.3 Cancellation
Any cancellation of an order by the Buyer may only be made after acceptance by our company and must be confirmed in writing by the latter.
5. DELIVERY
5.1 Deadlines
Orders are subject to a maximum delivery period of 3 weeks from receipt of payment, unless otherwise specified in the order.
This delivery time is for information purposes only, and is subject to the carrier and the order in which orders are received.
POWERTEC EUROPE makes every effort to meet the delivery date indicated on the order.
5.2 Delay - Delivery problems
Delays in delivery may not give rise to any penalty or indemnity, nor be grounds for cancellation of the order.
In the event of a delay of more than 60 calendar days, and if this delay is not attributable to a case of force majeure as defined by French case law, nor to a sanitary cause, nor to a fault on the part of the purchaser, the latter may request the cancellation of the sale.
Any delivery problem due to an error on the part of the Buyer and/or failure to report difficult delivery conditions (traffic restrictions, address error, incorrect information, missing information, etc.) will result in the second delivery attempt being billed. Our company cannot be held responsible for this problem, even if delivery ultimately proves impossible.
5.3 Transfer of risk and ownership
The transfer of the risks of loss and deterioration of the products, as well as the transfer of ownership, will take place as soon as the products are handed over to the carrier.
POWERTEC EUROPE assumes no responsibility in the event of events delaying or prohibiting delivery, such as force majeure, health crises, natural disasters, causes beyond EUROPE's control POWERTEC EUROPE.
5.4 Transport
In the event of damage or shortages, it is the customer's responsibility to make all necessary reservations with the carrier.
Any product that has not been the subject of reservations by registered letter with acknowledgement of receipt within three days of receipt from the carrier, in accordance with article L. 133-3 of the French Commercial Code, and a copy of which will simultaneously be sent to the supplier, will be irrevocably declared and considered to have been accepted by the Customer.
5.5 Reception
Without prejudice to the measures to be taken by the Customer with regard to the carrier as described above, in the event of apparent defects or shortages, any claim of any kind whatsoever concerning the products delivered will not be accepted by POWERTEC EUROPE only if it is made in writing, by registered letter with acknowledgement of receipt within three days.
It is the customer's responsibility to provide proof of any defects or shortages.
No goods may be returned by the customer without the Supplier's express prior written consent.
Return shipping costs will only be borne by the latter if the defect or shortage is actually detected by POWERTEC EUROPE.
Only the carrier chosen by the latter is authorized to return the products concerned.
When, after inspection POWERTEC If EUROPE detects the defect, the Customer may only request the replacement of the non-conforming items and/or the addition of the missing items at the Customer's expense, without the Customer being entitled to claim any compensation or to cancel the order.
Unconditional acceptance of products covers POWERTEC EUROPE against any apparent defect or shortage.
A complaint made by the customer under this article does not suspend the customer's obligation to pay.
Under no circumstances can the supplier be held responsible for transport problems, even if he has chosen the carrier.
Products are delivered to the address indicated by the purchaser, who must ensure that it is correct. Any parcel returned to POWERTEC EUROPE due to an incorrect or incomplete address or an unreachable or untraceable place of delivery will be reshipped at the purchaser's expense, plus handling and return costs.
5.6 Fees
Delivery will be at the buyer's expense unless otherwise specified.
6. PACKAGING
Packaging bearing the brand(s) of POWERTEC may only be used for its products and may not be used for any other purpose or for the sale of other products, even if they are not competing products.
7. RATES AND FINANCIAL TERMS
7.1 Price list
The applicable price is that in force at the time of the order, plus VAT.
Rates may be revised at any time after prior notice to customers.
For all exceptional orders, particularly those involving large volumes, please contact us directly at the following e-mail address: sales@powertec-europe.fr
7.2 Payment
In principle, the price is payable in cash at the time the order is placed.
7.3 Discount
No discount is applied.
8. WARRANTIES AND LIABILITY
POWERTEC EUROPE guarantees the Buyer against any lack of conformity of the Products and any latent defect resulting from a defect in the design or supply of said Products, to the exclusion of any lack of maintenance, negligence, lack of storage, fault on the part of the Buyer, any inappropriate use that is not carried out in accordance with the rules of the trade, any use that does not comply with the instructions provided and accessible here.
In any event, should LSVR SOLUTIONS be held liable, its guarantee will be limited to the amount paid by the Buyer for the defective order, excluding VAT.
9. COOLING-OFF PERIOD
As the Buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for in the French Consumer Code.
10. ATTRIBUTION OF JURISDICTION
ANY DISPUTE CONCERNING THE APPLICATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE, THEIR INTERPRETATION, THEIR VALIDITY, THEIR EXECUTION AND THE SALES CONTRACTS ENTERED INTO BY LSVR SOLUTIONS SHALL BE REFERRED TO THE COMMERCIAL DIVISION OF THE COLMAR JUDICIAL COURT, REGARDLESS OF THE PLACE OF ORDER OR DELIVERY, EVEN IN THE EVENT OF A THIRD PARTY CLAIM OR MULTIPLE DEFENDANTS.
11. DISCLAIMER
The fact that POWERTEC EUROPE's failure to invoke any of the clauses herein at a given time shall not constitute a waiver of its right to invoke the same clauses at a later time.
12. FORCE MAJEURE
Our company shall not be held liable in the event of force majeure, usually recognized as such by French case law, preventing or abnormally reducing our supplies and deliveries of our goods, or seriously altering the conditions thereof.
13. INDEPENDENCE OF PROVISIONS
Should any provision of these General Terms and Conditions of Sale be declared null and void or inapplicable, the remaining provisions of these General Terms and Conditions of Sale shall remain in full force and effect.
14. APPLICABLE LAW
Any question relating to the present terms and conditions of sale and to the sales governed by them shall be governed by the present terms and conditions of sale and by French law to the exclusion of any other law, in particular the Vienna Convention.