Terms of sale

The website www.eubiqfrance.com is owned by DILECTRO SARL.
DILECTRO is a company with a share capital of €38,500.00, registered with the Saint-Nazaire Trade and Companies Register under number RCS 404 572 919. Its registered office is located at 7 rue des Châtaigniers, 44170 Marsac-sur-Don, France.
Placing an order for any product featured in the online shop of www.eubiqfrance.com requires prior consultation and acceptance of these general terms and conditions of sale. Clicking to validate the order constitutes full acceptance of these terms. This click has the value of an “electronic signature”.

Preamble
The products sold on www.eubiqfrance.com are intended for professional electricians. By purchasing these products, you acknowledge that you have the skills and qualifications required to install them safely. DILECTRO (www.eubiqfrance.com) cannot be held liable in the event of an accident caused by incorrect installation or handling of the products. We recommend that the equipment be installed by a professional electrician.

Purpose
These general terms and conditions define the rights and obligations of the parties in connection with the online sale of goods offered by DILECTRO to consumers. DILECTRO reserves the right to modify these terms and conditions at any time. The general terms and conditions of sale applicable to an order are those published online at the time the order is placed. Links on www.eubiqfrance.com may direct the Customer to external websites, for whose content DILECTRO can in no way be held liable.

Order confirmation
The contractual information will be confirmed by email to the address provided by the consumer on the order form. DILECTRO reserves the right to cancel any order it considers suspicious.

Proof of transaction
The computerised records kept in DILECTRO’s IT systems under reasonable security conditions are considered as proof of the communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that may be produced as evidence.

Product information
Every effort has been made to ensure the accuracy of the information presented on www.eubiqfrance.com. However, DILECTRO and its suppliers are not liable for any consequences, incidents or special damages resulting from electronic transmissions or from the accuracy of the information transmitted, even where DILECTRO was aware of the possibility of such damages. Product and manufacturer names and brands are used for identification purposes only. Product photos, descriptions and prices are not contractually binding. Product information may be updated without notice and can in no way engage the liability of DILECTRO or call into question the validity of an order placed.

Validity period of the offer and its price
Our prices are in euros, excluding handling and delivery charges. VAT is applied at the rate in force at the time the order is placed. Prices are valid for as long as they are displayed on the website. The applicable prices are those in force when the order is entered. DILECTRO reserves the right to change its prices without notice.

Delivery terms
Products are delivered to the address indicated by the consumer on the order form, and only within the geographical areas we serve. Orders for in-stock products are shipped within 3 to 4 days, except during the August and Christmas holiday periods, when the lead time may be slightly longer but will not exceed 30 days. All products leave our premises in perfect condition. The customer must report to the carrier (or postal worker) even the slightest sign of impact on the parcel (holes, crush marks, etc.) and, where applicable, refuse the parcel. A new identical product will then be sent free of charge. No exchange can be made for a product reported after the fact as damaged in transit if no reservation was made upon receipt of the parcel. As with any shipment, delays or loss of the product may occur. In such a case, we contact the carrier to open an investigation. Every effort is made, for as long as necessary, to locate the parcel. Where applicable, DILECTRO will obtain reimbursement from the carrier and deliver a new identical parcel at its own expense. We accept no liability for extended delivery times caused by the carrier, in particular in the event of loss of products, bad weather or strikes.

Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, product missing compared with the delivery note, damaged parcel, broken products, etc.) must be recorded on the delivery note as “handwritten reservations”, together with the customer’s signature. The consumer must also confirm this anomaly by sending the carrier a registered letter with acknowledgement of receipt setting out the complaint within two (2) working days of the delivery date. The consumer must send a copy of this letter to DILECTRO, 7 rue des Châtaigniers, 44170 Marsac-sur-Don, France. Without this record, no exchange will be made.

Delivery errors
The consumer must notify DILECTRO of any claim regarding a delivery error and/or non-conformity of the products in nature or quality compared with the information on the order form on the day of delivery, or at the latest on the first working day following delivery. After this period, any claim will be rejected. Claims may be sent to DILECTRO at 7 rue des Châtaigniers, 44170 Marsac-sur-Don, France. Any claim not made in accordance with the rules set out above and within the stated time limits cannot be taken into account and will release DILECTRO from all liability towards the consumer. In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to DILECTRO complete, in its original packaging and in perfect condition, at 7 rue des Châtaigniers, 44170 Marsac-sur-Don, France. To be accepted, any return must be reported to and approved in advance by DILECTRO, which, if approved, will reship the parcel to the correct address. Shipping costs are borne by DILECTRO, unless it turns out that the product does not match the original statement made by the consumer on the return form.

3xCB remote payment
“The information relating to your order paid with the 3xCB remote payment solution is subject to automated data processing for which FIA-NET S.A. is the controller. The purpose of this automated data processing is to determine a level of assurance for a transaction and to combat payment fraud, in particular bank card fraud. FIA-NET S.A. and the merchant from whom you are making your purchase are the recipients of the data relating to your order. Failure to provide the data relating to your order will prevent your transaction from being completed and analysed. Any unpaid amount resulting from the fraudulent use of a bank card or other means of payment will lead to the data of the order associated with the unpaid amount being recorded in a payment incident file operated by FIA-NET S.A. An irregular statement or anomaly may also be subject to specific processing. In accordance with the French Data Protection Act of 6 January 1978, you have the right, at any time, to access, rectify and delete all of your personal data recorded by FIA-NET by writing, by post and with proof of identity, to FIA-NET – Service Informatique et Libertés – Processing operations no. 773061 and no. 1080905 – 3/5 Rue Saint Georges, 75009 Paris, France.”

Product warranty
Nothing in these terms may deprive the consumer of the legal warranty requiring the professional seller to protect the consumer against all consequences of hidden defects in the item sold. The consumer is expressly informed that DILECTRO is not the manufacturer of the products presented on www.eubiqfrance.com and that DILECTRO disclaims all liability for defective products. Consequently, in the event of damage caused to a person or property by a product defect, the consumer may seek liability only from the manufacturer of that product, on the basis of the information appearing on its packaging. The warranty period is one year (1 year). This warranty excludes any product modified or repaired by the customer or by any entity other than the service providers chosen by DILECTRO.

Right of withdrawal
The right of withdrawal applies only to natural persons. In accordance with Article L. 120-20, the consumer has fourteen (14) calendar days to return, at their own expense, any products that do not suit them. This period runs from the day the consumer receives the order. Returns may be notified in advance to DILECTRO’s customer service. The product must be returned to 7 rue des Châtaigniers, 44170 Marsac-sur-Don, France. Only products returned complete, in their full and intact original packaging, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, except for shipping and return costs. When exercising the right of withdrawal, the consumer may choose either a refund of the amounts paid or an exchange of the product. In the case of an exchange, reshipment will be at the consumer’s expense. If the right of withdrawal is exercised, DILECTRO will make every effort to refund the consumer within fourteen days.

Rights of use
Use of the trademarks featured on the website is strictly prohibited.

Force majeure
Neither party shall be deemed to have failed in its contractual obligations insofar as their performance is delayed, hindered or prevented by an unforeseeable event of force majeure. Force majeure shall mean any irresistible fact or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the parties’ control and that cannot be prevented by them despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of becoming aware of them. The two parties shall then meet within three months, unless prevented by the force majeure event, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts longer than one month, these general terms and conditions may be terminated by the injured party. In addition to those usually recognised by the case law of French courts and tribunals, the following are expressly considered events of force majeure or unforeseeable events: disruption of means of transport, earthquakes, fires, storms, floods, lightning, failure of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Severability
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the remaining provisions shall retain their full force and effect.

Non-waiver
The fact that either party does not invoke a breach by the other party of any of the obligations set out in these general terms and conditions of sale shall not be interpreted as a waiver of the obligation in question for the future.

Governing law
These general terms and conditions are governed by French law, as regards both substantive and procedural rules. In the event of a dispute or complaint, the consumer shall first contact DILECTRO in order to reach an amicable solution.

Personal data protection
All data you entrust to us is used to process your orders. Under French Law no. 78-17 of 6 January 1978 on information technology, data files and civil liberties, you have the right to rectify, consult, modify and delete the data you have provided to DILECTRO. This right may also be exercised online.

Disputes
Any order placed via www.eubiqfrance.com implies the customer’s unreserved acceptance of DILECTRO’s general terms and conditions of sale. In the case of a sale to a legal entity, any dispute relating to the sale (price, terms and conditions, products, etc.) shall be governed by French law and brought before the Commercial Court with jurisdiction over DILECTRO’s registered office.