Summary
I. General Conditions of Sale for individuals.
II. General Conditions of Sale between professionals.
I. GENERAL CONDITIONS OF SALE
Particular
The general conditions thus presented apply to any purchase made from the Equinov company on its online store via the website www.equinov.net, either by telephone or by mail via the paper form or by collection from our premises. To find out the conditions of his order, the customer can click at any time, even before placing an order, on “General Conditions of Sale”.
Placing an order implies the customer's full and unrestricted acceptance of the various clauses presented in these General Terms and Conditions.
The items are only offered for sale to non-commercial individuals. The customer declares before validation of his order to have accepted these General Terms and Conditions and consequently to fully adhere to them. Any duly validated order implies full and unreserved acceptance of these General Conditions of Sale.
Article 1: object
These conditions govern sales by the company Equinov whose head office is located at 4 rue de Lister 64200 Biarritz intended for the sale of cryotherapy knee splints, foot splints, ankle splints, socks, and protectors. The purpose of these General Conditions of Sale is to define the rights and obligations of the parties in the context of the sale online, by mail order, by telephone or on site of the products offered by the company Equinov to the Customer, as well as the different stages of the ordering process.
Article 2 – Price
The prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. Expenses processing and shipping costs are charged additionally if necessary and specified to the customer before the customer confirms the order.
In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the responsibility of the Equinov company. They will be your responsibility and are your entire responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
All orders regardless of their origin are payable in euros.
The Equinov company reserves the right to modify its prices at any time, but the product(s) will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.
The products remain the property of the Equinov company until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article – 3: products
Product presentation:
Equinov undertakes to provide the Customer with a description of the Products that is most faithful to reality and to present their essential characteristics. However, all information relating to the Products, such as photos, texts, graphics, etc., is given for purely indicative purposes and cannot engage the responsibility of Equinov.
Photographs:
Photographs illustrating the products in support of the text do not fall within the contractual scope.
Article 4 – Orders
You can place an order
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On the Internet: https://equinov.net/;
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By telephone at 01.60.13.65.73;
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On the spot ;
- By mail using the order form accompanied by payment by check.
The contractual information is presented in French and will be confirmed at the latest when your order is validated.
The Equinov company reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of a difficulty concerning the order received.
Article 5 – Validation of your order
Sending us the completed form accompanied by a check constitutes acceptance of the order as well as adherence to these general conditions.
Placing an order by telephone implies payment by credit card and constitutes acceptance of the order as well as these general conditions.
Any order appearing on the Equinov website assumes adherence to these General Conditions. Any order confirmation implies your full and complete acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will constitute proof of the transaction.
You declare that you have perfect knowledge of it.
The order confirmation will constitute signature and acceptance of the operations carried out.
Article 6 – Error, falsification of data
The Customer undertakes to communicate honest and sincere information and must verify the information entered during his order. The Customer must verify the completeness and conformity of the information he provides when ordering, in particular concerning the delivery address. We cannot be held responsible for possible entry errors and the resulting consequences (for example delays or delivery errors). If the Customer notices, after validation of his order, that it contains errors which he would like to modify, he can contact the Equinov Company by email or by telephone, within 24 hours. In any event, Equinov cannot be held responsible for the consequences linked to errors, delays or delivery defects, any reshipping costs incurred being the responsibility of the Customer.
Article 7 – Payment
By mail: sending the form completed with the mandatory information accompanied by payment by check validates your order.
By telephone: Validation of payment made by bank card using the secure system
On our website: The fact of validating your order implies for you the obligation to pay the price indicated.
Payment for your purchases is made by credit card using the secure online payment system.
Article 8 – Right of withdrawal
The right of withdrawal only applies to natural persons.
In accordance with the legal provisions in force, the Customer has a period of 15 (fifteen) calendar days (legal period 7 (seven) working days) to return, at his own expense, products that do not suit him without having to provide reasons. nor to pay a penalty. This period runs from the day of delivery of the Customer's order. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded; return costs remaining the responsibility of the Customer.
The product must be returned by Colissimo tracked to:
Equinov
4 rue de Lister – 64200 Biarritz
Only products returned as a whole, in their original packaging, complete and intact, in perfect condition for resale, and accompanied by the purchase invoice as well as the care sheet for optimized management, will be taken back. Any product which has been damaged, worn or whose original packaging has been damaged will not be refunded, returned or exchanged.
In the event of exercising the right of withdrawal, the Customer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, reshipment will be at the Seller's expense.
In the event of exercising the right of withdrawal, the Equinov company will reimburse the sums paid, within 14 days following notification of your request and via the same means of payment as that used when ordering.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in the event that the products are damaged, or used, or the incomplete return of the product according to the description mentioned in article 8.
Article 9 – Availability
Our products are offered as long as they are visible on the Equinov website and while stocks last. If a product is unavailable after placing your order, we will inform you by email. Your order will be automatically canceled and your payment will be reversed or refunded.
Article 10 – Delivery
The products are delivered to the delivery address indicated during the ordering process, within the time indicated.
Delivery is made by carrier, the Equinov company cannot be held responsible for late delivery due either to the delay of the carrier itself or even due to the unavailability of the customer after several appointment proposals. Delivery times are given as an indication.
The Customer must ensure that the information communicated referred to in article 6 of these General Conditions of Sale is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Equinov Company of any change in billing and/or delivery details which may occur between the order and delivery, by sending, without delay, an email to the following address: contact@equinov .net
The Company will also not be responsible if the non-receipt of the Products is due to the action of a third party outside its intervention or in the event of theft.
In the event of return of the Order due to the Customer's absence, Equinov will contact the Customer for a second delivery at the Customer's expense.
eArticle 11 – Guarantee
All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
All complaints, requests for exchange or refund must be made by email, telephone or post within 30 days of delivery.
The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions, invoices, care sheets, etc.).
In the event of an exchange request, the return costs are our responsibility for a first recourse, beyond that the shipping costs will be billed to you. Please note that return costs remain your responsibility whatever the reason.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 12 – Liability
The products offered comply with current French legislation. The Equinov company cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.
Furthermore, Equinov cannot be held responsible for damage resulting from improper use of the purchased product.
Finally, the Equinov company cannot be held responsible for any inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Article 13 – Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the Commercial Court of Evry, 1 rue de la Patinoire – 91000 EVRY will have sole jurisdiction.
Article 14 – Intellectual property
All elements of the Equinov site are and remain the intellectual and exclusive property of the company. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of the Equinov company.
Article 15 – Personal data
The Equinov company reserves the right to collect nominative information and personal data concerning you. They are necessary to manage your order, as well as to improve the services and information we send to you.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978 and the General Data Protection Regulation (GDPR) which came into force on May 25, 2018, you have a right of access, rectification and opposition to personal information and data. personal information concerning you by informing us by post, email or telephone. The specific conditions are accessible on our website.
Article 16 – Archiving Evidence
The Equinov company will archive purchase orders and invoices constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code for a minimum period of 5 years.
Article 17 – Customer service
For any information or questions, to place an order, for order tracking, to exercise the right of withdrawal or to invoke the guarantee, the Customer can contact Customer Service: at 01. 60.13.65.73 at the price of one local call, Monday to Friday from 9 a.m. to 12:30 p.m. and from 1:30 p.m. to 6 p.m.
The Customer may also contact the Equinov company at contact@equinov.net by completing the contact form, to be completed online, provided for this purpose.
II. TERMS OF SALES
Professional
Clause No. 1: Purpose
The general conditions of sale described below detail the rights and obligations of the company Equinov and its professional client in the context of the sale of the following goods: sale of medical and orthopedic equipment.
Any service provided by the Equinov company therefore implies the buyer's unreserved acceptance of these General Terms and Conditions.
Clause No. 2: Price
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The Equinov company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause No. 3: Discounts
The proposed prices include the discounts applied to professionals that the Equinov company grants according to the agreements put in place and quantities ordered.
Clause No. 4: Payment terms
Payment for orders is made:
- either by check within 15 days
- either by LCR at 25 days
Clause n°5: LCR refusal fees
In the event of refusal of a payment by LCR, the company Equinov reserves the right to re-invoice the costs charged to it in the amount of €21
Clause No. 6: Late payment
In the event of total or partial failure to pay for the goods delivered on the day of receipt, the buyer must pay Equinov a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
From 3th reminder, you will owe us the costs of sending a letter by registered letter with acknowledgment of receipt of an amount to be defined according to the rate in force at the time of this (Post Office rate).
Clause no. 7: Termination clause
If within fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the remaining sums due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of the Equinov company.
Clause No. 8: Reservation of title clause
The Equinov company retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, the Equinov company reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
Clause n°9: Right of withdrawal
The article L121-16-1 of the Consumer Code extends the rules applicable to relations between consumers and professionals, to contracts concluded off-premises between two professionals provided that the subject of these contracts does not fall within the scope of the main activity of the professional contacted and that the number of employees employed by it is less than or equal to five.
THE right of withdrawal between professionals is applicable only when the following three conditions are met:
- The contract must be concluded outside the establishment
- The subject of the contract must not fall within the company's main field of activity
- The number of employees of the company must be less than or equal to 5
Clause No. 10: Delivery
Delivery is made:
- by carrier Chronopost
The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:
- the award of damages;
- cancellation of the order.
In the event of goods damaged during transport, the buyer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by e-mail accompanied by the elements likely to become aware of the deterioration.
Clause No. 11: Return or exchange of Products
In the event of return or exchange of a product, return costs are the responsibility of the buyer.
Clause No. 12: Force majeure
The responsibility of the Equinov company cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause No. 13: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing an amicable resolution, the dispute will be brought before the Commercial Court of Evry, 1 rue de la Patinoire – 91000 EVRY