ARTICLE 1: PREAMBLE
These general conditions of sale apply exclusively between SARL ACRIVI, and any person visiting or making a purchase via the site www.ACRIVI.com (hereinafter referred to as "the Buyer"). Any Internet user can read the General Conditions of Sale on the site www.ACRIVI.com (hereinafter referred to as the “Site”).
These general conditions of sale may be subject to modifications, the applicable conditions are those in force on the Site on the date the order is placed.
Consequently, the fact for any person to accept a quote or order a product offered for sale on the Site implies full acceptance of these general conditions of sale, of which the Buyer acknowledges having read beforehand at his command.
ACRIVI reserves the right to modify or change the products and prices offered without notice (with the exception of orders in progress which retain the conditions valid on the day of the order). The products are offered for sale without limitation of territory.
ARTICLE 2: PRICE, AVAILABILITY AND DELIVERY
The prices displayed on the Site are indicated in Euros, all French taxes included, excluding shipping costs (detailed in the YOUR DELIVERY section) and are payable only in Euros.
The buyer will be considered as an importer of a product ordered on www.ACRIVI.com if the Buyer resides outside Metropolitan France. If he resides outside the European Union, the Buyer is liable to be liable for customs duties or any other import-related tax to the State of destination. The Buyer is responsible for both declaration and payment. ACRIVI reserves the right to modify prices at any time. The current price is that of the day of the order. Particular care is taken with parcels containing fragile products.
All products remain the property of ACRIVI until full payment of the order.
Our offers are valid while stocks last. Depending on each order, some items may not be available in our warehouse. In this case, availability is valid subject to availability from our supplier.
The Purchaser is informed of the availability of the items once the order has been placed on the ACRIVI site. In the event of payment by check, the order will only be processed upon receipt of the check. Availability is upon receipt of the check.
If, despite its vigilance, the items are unavailable, ACRIVI will apply Article L. 121-20-3 of the Consumer Code, according to which, in the event of failure to execute the sale by ACRIVI, resulting from the unavailability of the goods or services ordered, the Purchaser will be informed of this unavailability as soon as possible by e-mail. It is agreed between the Buyer and ACRIVI that a good or service of equivalent quality and price may be offered to the Buyer by ACRIVI. However, if ACRIVI is unable to offer a substitute item, a credit note will be offered to the Buyer. As a last resort, the Buyer will be reimbursed without delay and at the latest within thirty days.
The delivery time takes into account the preparation of the order and not its routing. ACRIVI delivers the order to the address mentioned by the Buyer when ordering. In the case of an order whose items have different shipping times, ACRIVI bases the shipping time of the order on the longest time. However, if necessary, ACRIVI can carry out a split shipment by invoicing only once the contribution to the shipping costs.
ACRIVI cannot be held responsible for any delay in delivery of the order attributable to the carrier.
2.4 Conformity of the goods, receipt of the package.
Upon receipt of the goods, the customer must carefully check the package(s) and check the contents in the presence of the delivery person before signing the delivery note. If the delivered products have suffered damage and are damaged (breakage, shock, deformation, tear, etc.) the customer must refuse the package(s) by clearly writing the reason for the refusal on the delivery note. The customer will be delivered again free of charge. No repair or replacement of product can be implemented by ACRIVI if the customer notices a defect on the product(s) delivered by unpacking the product(s) after the departure of the driver/deliveryman and simply having written a statement such as "subject to unpacking" on the delivery slip. Indeed, the insurances that ACRIVI takes out when it uses a carrier(s) do not cover damage to the product(s) presented for delivery when the delivery has been accepted by the customer. and that the delivery note(s) do not mention one or more specific damage(s) to the goods delivered.
ARTICLE 3: PAYMENT
Orders must be paid for before shipment by one of the means offered on the site:
By bank card (Crédit Mutuel secure online payment / SSL protocol) such as VISA, MASTERCARD or other. The Buyer can make payment by credit card. Cards issued by banks domiciled outside France must be international bank cards.
By check payable to ACRIVI. Payment by bank check is only possible for checks in euros drawn on a bank domiciled in France or Monaco. The cashing of the check is made upon receipt of the check. It is only when the check is cashed that ACRIVI will process the order. The check must be made payable to ACRIVI and sent to the address indicated when ordering. The Buyer undertakes to print his order and enclose it in the envelope with his check. In the event that the Buyer is late in sending his check, ACRIVI will notify the Buyer by e-mail that, after a period of 15 (fifteen) days from the sending of this warning, the order will be automatically canceled on the site.
By bank transfer. Payment by bank transfer includes bank charges which are the responsibility of the Buyer. It is only upon receipt of payment that ACRIVI proceeds to send the order. The Buyer will notify the Site of the day of payment.
ARTICLE 4: RETURN
4.1 Right of withdrawal
The Consumer buyer has a period of 14 clear days, from the date of receipt (signature of the distribution slip or, failing that, date of delivery to the customer indicated on the Coliposte website), to exercise his right of withdrawal without having to justify a reason or pay penalties. When the 14-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day. Cards, electronic boxes, seals for custom-made refrigerated cabinets and non-catalogued parts ordered specially for the customer are neither taken back nor exchanged, unless there is a proven error on our part.
In order to proceed with the return of the goods, the Buyer must first return to the www.ACRIVI.com site, connect to his profile, complete the return form, print it to put it in the return package, attach a bank details for any refund and send everything to:
SARL - ACRIVI - 39 rue Principale - 67160 Niederseebach
Returned items must be completely new, in their original condition (packaging, accessories, instructions, etc.) duly sealed.
In the event of reimbursement, ACRIVI will proceed with this by bank transfer within a maximum legal period of 14 days following the date on which the right of withdrawal is exercised (date of entry of the form on the ACRIVI.COM site). If the product includes a warranty sheet or any other document to be completed, this must not be completed so that the Buyer can exercise his right of withdrawal. Any product that is incomplete, damaged, damaged or whose original packaging has been damaged, will not be refunded or exchanged. Any risk related to the return of the product is the responsibility of the Buyer. Acrivi will refund your invoice amount, excluding return shipping costs. The refund is due within a maximum period of 14 days. A fixed deduction of 20 euros will be applied for management and processing costs.
4.2 Compliance with procedures
Failing to comply with the procedures set out above and the deadlines indicated, the Purchaser may not make any claim for the right of withdrawal or non-compliance, the products then being accepted or deemed to be compliant and free from any apparent defect.
ARTICLE 5: WARRANTIES AND LIABILITY
The warranty for parts and equipment resold by our company is granted to our customers under the conditions in which we hold them from our own suppliers.
The equipment warranty is limited to the replacement of parts recognized as defective (excluding wear parts, glass, hinges, seals, bulbs, refractory parts, bearings, switches, piezo, etc.). A breakdown cannot under any circumstances lead to the exchange of equipment. The labor relating to the change of these parts and the transport thereof, are the responsibility of the buyer. The warranty takes effect on the date of invoice.
Return of spare part
The fault must be diagnosed by a professional in order to precisely identify the part to be replaced. The part must be sent to us postage paid. The replacement of the part will be taken into account as soon as the defective parts are returned and after verification by the technical department.
ACRIVI only warrants the Purchaser, against hidden defects that may affect the delivered products, within the framework of a replacement of the defective products, or of the parts rendering them unfit for their use, without being able to be considered by the Buyer as liable for any harmful consequences that these latent defects could have entailed.
In any case, the warranties do not cover:
abnormal and non-compliant use of the products, wearing parts, damage by disassembly, poor installation, inappropriate use, attempted repair and damage caused by shocks.
defects and their consequences due to the intervention of the Buyer or a repairer not approved by the manufacturer.
defects and their consequences related to use that does not conform to the use for which the product is intended.
It is contractually provided that ACRIVI must be informed within 8 days of any non-compliance, and in the event of a hidden defect within one month. In the event of non-compliance with this deadline, the buyer will lose all recourse against ACRIVI.
In the event that the customer fails to make payment on the agreed due dates, our guarantee will be suspended until payment of the late installments and without this suspension extending the duration of the guarantee, which begins to run on time of delivery.
ACRIVI declines all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery other than France.
The products offered by ACRIVI comply with the French legislation in force. ACRIVI cannot be held responsible for non-performance of the contract in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.[100 ]
ACRIVI cannot be held liable for any consequential damages that may arise from the purchase of the products.
ACRIVI cannot be held responsible for any loss of data or files. It is the Buyer's responsibility to make all necessary safeguards.
The total or partial impossibility of using the products cannot engage the responsibility of ACRIVI nor give rise to any compensation or reimbursement (in particular in the event of incompatibility of components). The Site also contains information from third parties, and links to other websites. In no event shall ACRIVI be liable for damages resulting from the use of/access to/or inability to use such third-party information, nor the content of other websites.
In addition, in the event of non-substantial differences between the presentation photos of the articles on the Site, texts and illustrations and the articles ordered, ACRIVI will not be held liable.
ARTICLE 6: INTELLECTUAL PROPERTY
ACRIVI grants a limited license to access and use the Site for personal use. Under no circumstances is the Internet user authorized to download or modify all or part of this Site without the express written authorization of ACRIVI. This license does not authorize the use, for sale or for any other commercial use, of this Site or its content (listed products, descriptions, prices, downloading or copying of information on behalf of another merchant, use of data, software, sound clips, graphics, images, text, photographs, tools).
This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of ACRIVI.
The Internet user must not use techniques allowing the copying of a trademark, logo or any other information (in particular images, text, models) owned by ACRIVI without express written consent.
The Internet user must not use Meta tags or any other "hidden" text containing the name of ACRIVI, as well as the logo or brand of the companies referenced without the express written consent of ACRIVI. Any unauthorized use terminates the license granted by ACRIVI.
ACRIVI authorizes, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site on the condition that this link cannot be created against the referenced companies, or to the products or services , a misleading, false, pejorative character or one that could harm ACRIVI. Under no circumstances will the creation of this hypertext link engage the responsibility of ACRIVI, in any capacity whatsoever, on the content of the site in question. Any use in the link of the ACRIVI logo or of graphics and images requires the express written authorization of ACRIVI.
ARTICLE 7: PROTECTION OF PERSONAL DATA
ACRIVI undertakes to use only external databases or files that comply with regulatory provisions and are regularly declared to the CNIL. ACRIVI is committed to protecting the data that is personal to the Buyer. All personal data that ACRIVI has collected is treated with the strictest confidentiality. The information collected by ACRIVI during any order from the Buyer is necessary for the management of his order. In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the Buyer has a right of access, rectification, opposition and deletion of data concerning him with ACRIVI.
Through ACRIVI, the Purchaser may receive commercial offers from other organizations or companies, or be informed of ACRIVI offers. If the Buyer does not wish to receive these proposals, he can inform ACRIVI by e-mail at the address: firstname.lastname@example.org
ARTICLE 8: JURISDICTION
If the buyer is a merchant, the Commercial Court of Strasbourg will have sole jurisdiction in the event of a dispute of any kind or dispute for any reason whatsoever, unless ACRIVI prefers to seize any other jurisdiction. competent. This clause applies even in the event of summary proceedings, incidental claims, or multiple defendants or warranty claims, and regardless of the methods and terms of payment without the jurisdiction clauses that may exist on the documents of the buyer could obstruct its application.
39 main street