These General Conditions of Sale (hereinafter " GTC ") constitute, in accordance with article L.441-1 of the Commercial Code, the sole basis of the commercial relationship between the parties. Their purpose is to define the contractual relations between the WATER LINE TECHNOLOGIE Company (hereinafter " WLT "), and the CUSTOMER, as well as all the conditions applicable to any purchase made from WLT.
Any order by the CUSTOMER to WLT implies the firm and unreserved acceptance of these GTC by the CUSTOMER.
In accordance with the regulations in force, WLT reserves the right to derogate from certain clauses of these CGV, depending on the negotiations with the CUSTOMER, by the establishment of particular conditions registered in other contractual documents which take precedence over the CGV.
All deviations from these GTCS must be expressly agreed in writing by WLT in its offer and will then constitute the specific conditions of the contractual relationship.
The fact that WLT does not occasionally take advantage of one or more of the provisions of these GTCS cannot be assimilated to a waiver. WLT remains free to demand their strict application.
WLT reserves the right to modify its GTC at any time. The applicable GTCS are those in force on the date of the order placed by the CUSTOMER.
WLT issues an order form representing the price quotation to the CUSTOMER. The order form constitutes a firm commitment on the part of WLT for a period of 30 days from its date of publication.
The order becomes final upon acceptance without reservation or modification of the order form, materialized by the return of a copy of the order form with the mention "Good for agreement", dated and signed by the CUSTOMER. The signatory of the order declares to be expressly authorized to place an order.
If the CUSTOMER makes changes to the order form prior to its acceptance, WLT reserves the right to refuse the order or to make a new proposal.
2.1. Order processing time:
Upon receipt by WLT of the order form accepted and not modified by the CUSTOMER, WLT undertakes to order the production of the goods from a supplier within two (2) working days (Monday to Friday inclusive).
Failure to comply with this deadline cannot be invoked as a reason for canceling the order form or giving the right to any compensation, indemnity or rebate of any kind, unless expressly agreed by WLT.
2.2. Goods manufacturing time:
Any deadline for the production of goods ordered by the CUSTOMER, which would be communicated by WLT to the CUSTOMER, is to be considered as a minimum deadline given for information only.
WLT is not responsible for the time taken to produce the goods, which is binding only on the manufacturer chosen.
Failure to comply with this deadline cannot be invoked as a reason for canceling the order form or giving the right to any compensation, indemnity or rebate of any kind, unless expressly agreed by WLT.
2.3. Delivery times for goods:
Any delivery time from the factory of goods ordered by the CUSTOMER, which would be communicated by WLT to the CUSTOMER, is to be considered as a minimum deadline given for information only.
WLT is not responsible for the delivery time ex-works for the goods, which only binds the chosen carrier.
Failure to comply with this deadline cannot be invoked as a reason for canceling the order form or giving the right to any compensation, indemnity or rebate of any kind, unless expressly agreed by WLT.
The goods ordered by the CUSTOMER are delivered to it by their manufacturer, or the transporter chosen by the manufacturer or chosen by mutual agreement between the CUSTOMER and WLT.
The means and means of transport are adapted according to the nature and quantity of the goods ordered, as well as according to the geographic distance between their place of manufacture and their place of delivery.
The CUSTOMER controls the unloading of goods, for which he is responsible, and as such:
- Establishes with the transporter a security protocol prior to unloading operations;
- Provides suitable means to ensure unloading in the best safety conditions; and
- Respects safety conditions at the unloading site.
In the event of damage or loss attributable to transport operations, noted on delivery and for which WLT cannot be held responsible, the CUSTOMER exercises its recourse against the carrier by placing reservations on the delivery slip.
The prices of the services and services sold are those in force on the date of issue of the order form. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the VAT rate applicable on the day of invoicing.
The price offered in the order form includes the discounts and rebates discretionary and possibly granted by WLT to the CUSTOMER.
The payment of the price is made in the hands of WLT, by any means indicated on the invoice, within 30 days end of the month from the date of issue of the invoice and regardless of the date of receipt of the goods by the CUSTOMER
Payment of the price within a shorter period than that set out in the above paragraph gives rise to a commercial discount of 2% of the price excluding tax, directly applicable by the CUSTOMER during payment.
In the event of an order for a total amount greater than 300,000.00 euros excl. Tax, WLT reserves the right to ask the CLIENT for a deposit, in the proportion it will determine, upon receipt of the order form accepted and not modified by the CLIENT.
In the event of payment of the price in a currency other than the euro, WLT reserves the right to apply, when invoicing a deposit or the balance of an order, the conversion rate corresponding to the rate of this currency on the day of invoicing.
Any payment made after the settlement date appearing on the invoice will automatically give rise to invoicing:
• Late payment penalties at a rate equal to the interest rate applied by the European Central Bank (ECB) to its refinancing operation, in force on January 1 or July 1, increased by 10 percentage points; and
• A flat-rate compensation for recovery costs, in the amount of 40 euros, in addition to the option for WLT to request additional compensation, upon justification, in the event that its recovery costs exceed this amount.
In the event of non-payment of an invoice on the due date, all of the term invoices become immediately due. In addition, WLT reserves the right to suspend current orders, all without prejudice to damages.
No dispute or claim by the CUSTOMER authorizes him to modify, delay or cancel the payment of the price, nor to apply or require any compensation, indemnity or rebate whatsoever, with the sums which are due to WLT.
WLT retains ownership of the goods sold until full payment of the price, in principal and accessories.
However, the risks and damage that the goods could suffer or cause for any reason whatsoever are transferred to the CLIENT upon delivery.
In addition, all costs of returning goods to WLT will be borne by the CUSTOMER, who also undertakes to keep them so that they cannot be confused with other goods of the same kind and that they are always identifiable.
Finally, the CUSTOMER is subject to receivership or liquidation, WLT reserves the right to claim, as part of the collective procedure, the goods sold and remained unpaid.
7.1. Compliant delivery:
WLT is bound, towards the CUSTOMER, to the correct delivery of the goods ordered, under the conditions of articles 1602 and following of the Civil Code.
Any complaint from the CUSTOMER relating to the correct delivery of the goods ordered must be made in writing within 5 working days of their delivery. Otherwise, no claim will be accepted by WLT.
7.2. Hidden defects guarantee:
WLT is bound, towards the CUSTOMER, to the guarantee of hidden defects affecting the goods ordered, under the conditions of articles 1641 and following of the Civil Code.
Any complaint from the CUSTOMER relating to the guarantee for hidden defects affecting the goods ordered must be made without delay upon delivery.
The observation of hidden defects affecting the goods ordered must then be subject to a contradictory examination between WLT and the CUSTOMER, it being specified that it is up to the latter to prove the reality of the hidden defects that it invokes.
The CUSTOMER will refrain from working on the products and will grant all facilities to WLT for the purpose of allowing contradictory examination.
This examination is the subject of a report within a maximum period of one (1) month following the delivery of the goods ordered and established by WLT and the CUSTOMER or their representatives duly authorized for this purpose.
If it follows from the official report that Hidden defects are attributable to WLT, the latter will bear the cost of repairing or replacing the goods, as well as the costs relating thereto.
In any event, the guarantee against hidden defects is excluded in the following cases:
- When the defect is apparent or that a professional should have noticed it;
- When the defects and / or deteriorations were caused by natural wear or by an external accident;
- When a modification of the goods is not planned or specified by its manufacturer or WLT;
- When the defects and / or deteriorations were caused by a lack of compatibility with goods not supplied by their manufacturer or WLT;
- When the CLIENT does not comply with the information concerning the handling, installation, use and maintenance of the goods, as well as the rules of the art and the standards relating thereto;
- In the event of force majeure or similar event.
7.3. Exclusions from WLT's liability:
In any case, WLT cannot be held responsible for indirect material consequences and direct and / or indirect intangible consequences (such as loss of business or customers, compensation for delay ...), alleged by the CUSTOMER, which could result from a breach of WLT's obligations, in particular in the event of non-compliance or a defect affecting its products.
WLT's responsibility cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions arises from a case of force majeure within the meaning of the article. 1218 of the Civil Code.
Will also be considered as force majeure in addition to those recognized by the Jurisprudence of French Courts and Tribunals, the following cases: Bad weather, epidemics, blockage of means of transport or supply for whatever reason, earthquake, storm , flood, fire, governmental or legal restrictions, legal or regulatory changes to the forms of marketing, blocking of telecommunications including the switched network, internet and any other case beyond the express will of the parties preventing normal execution of these Terms.
In the event of force majeure or any event making WLT unable to fulfill the order, the processing, manufacturing and / or delivery times will be extended until the end of the cause preventing the execution of the ordered.
In the event of non-performance of its obligations by one of the two parties, the contract may be terminated by the creditor of the non-fulfilled obligation, thirty (30) days after formal notice by registered letter with acknowledgment of receipt, which has no effect, without prejudice to damages which could be claimed from the defaulting party.
The information collected on the CLIENT by WLT is exclusively reserved for professional use.
These data are subject to computer processing carried out by WLT and are essential for the fulfillment of the CLIENT's order. This information and personal data are kept for security purposes, in order to comply with legal and regulatory obligations. They will only be kept for the time necessary for the order and the guarantees that may be applicable at the end of the order.
The data controller is Mr. Henri RENARD, President, residing in this capacity at the headquarters of WLT, located at 7 Rue Charles Péguy - 33600 PESSAC.
Access to personal data will be strictly limited to personnel authorized to receive and process it because of their functions. The information collected could possibly be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the authorization of the CLIENT being necessary.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by law n ° 2004-801 of August 6, 2004, and by European Regulation n ° 2016 / .679, the CLIENT has a right of access, rectification, erasure and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he can exercise in contacting the data controller at the postal address mentioned above, enclosing proof of their valid identity.
In the event of a complaint, the CUSTOMER can contact the National Commission for Data Protection (CNIL).
All documents (purchase orders, studies, invoices) delivered or sent as well as the procedures implemented by WLT remain its exclusive property. The total or partial participation of the CUSTOMER in the preparation of these documents does not in any way entail the transfer of the intellectual property and the know-how attached to it.
All documents sent to the CLIENT, in particular technical documents, are considered confidential. The CUSTOMER therefore undertakes to keep the strictest confidentiality on the information they contain.
The CUSTOMER is prohibited from communicating to third parties without the express agreement of WLT.
The parties agree that in the event that any provision of these Terms is declared void for any reason, the invalidity will be strictly limited to the relevant stipulation without the other provisions, which shall remain in full legal effect , are not affected.
The parties agree, in addition, to substitute for the stipulation declared void one or more other stipulations not likely to incur the grievance of nullity and having the effect of ensuring as closely as possible the objectives, in particular economic and financial, planned initially by the parties by means of the stipulation in question.
Relations between WLT and the CLIENT will be exclusively governed by French law, and, in the event of translation, the French language version will prevail.
Any disputes relating to the formation, interpretation, execution or breach of a sales contract or the commercial relationship, as well as all disputes, of whatever nature, between WLT and the CUSTOMER, will be express agreement subject to the exclusive jurisdiction of the jurisdictions of the jurisdiction of the Court of Appeal of BORDEAUX, even in the event of summary proceedings, and notwithstanding plurality of proceedings or parties, or of call in guarantees.
The CUSTOMER undertakes to comply with all applicable laws, in particular those relating to export controls. If, at any time, a new law or regulation comes into force, making the fulfillment of WLT's obligations impossible or illegal, WLT will be entitled to cancel the order and terminate the contractual relationship, without any liability whatsoever. towards the CLIENT.
In accordance with the provisions of articles 6-III and 19 of the law n ° 2004-575 of June 21st, 2004 for the confidence in the digital economy, known as LCEN, it is brought to the knowledge of the users and visitors of the site waterlinetechnologie.fr the present legal notices.
The website waterlinetechnologie.fr is available at the following address: waterlinetechnologie.fr. The access and the use of the site are subject to the present legal mentions detailed above as well as to the laws and / or regulations applicable.
The connection, use and access to this site imply the full and unreserved acceptance of the user of all the provisions of these Legal Terms.
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is stated in this article the identity of the various stakeholders as part of its implementation and monitoring .
A. Website editor
The website waterlinetechnologie.fr is published by: Henri Renard
domiciled at the following address: 7 rue Charles Peguy,
33600 Pessac, France
Telephone: +33 967248633
E-mail address: waterlinetech@orange.fr
B. Publication director
The Publication Director is: Bernard Jeffrault
with the following address: Finkenhofstraße 17,
60322 Frankfurt am Main, Germany
Telephone: +33 642763057
E-mail address: waterlinetech@orange.fr
C. Host Site
The site waterlinetechnologie. fr is hosted by: OVH
domiciled at the following address: ________.
Telephone: ________
E-mail address: ________
D. Site programming
The site is programmed by: Manfred Brandt / Brandt X Media
domiciled at the following address: Hauptstr. 54,
61184 Karben, Germany
Phone: +49 (0) 6039 485510
E-mail address: brandt@brandtx.de
E. Website design
The site graphic is produced by: Nicolas Vassiliev
Atelier Vassiliev,
domiciled at the following address: Seulberger Str. 39,
60437 Frankfurt am Main, Germany
Phone: +49 (0) 69 495331
E-mail address: mail@vassiliev.info
The internal site "www.waterlinetechnologie.fr" (hereinafter the " SITE ") allows its users (hereinafter a " USER " or the " USERS ") to consult news and technical information relating to the materials used in the field of building and public works in general and in the field of water pipes and conduits in particular, as well as to obtain all useful information concerning the company WATER LINE TECHNOLOGIE, simplified joint stock company with capital of 5,000.00 euros , whose registered office is located at 7 Rue Charles Péguy - 33600 PESSAC and registered in the BORDEAUX Trade and Companies Register under number 828 605 360 (hereinafter " WLT ").
Within the framework of these General Conditions of Use (hereinafter “ CGU ”), WLT and any USER may be collectively designated by the term “ Parties ” and individually by the term “ Party ”.
The T & Cs are therefore applicable to any USER of the SITE, which is edited and operated by WLT.
WLT offers USERS access to the site allowing them to consult news and technical information relating to materials used in the field of building and public works in general and in the field of water pipes and conduits in particular, as well as obtain all useful information concerning WLT.
The T & Cs apply without restriction or reservation to all USERS.
The purpose of the T & Cs is to define the terms and conditions of use of the SITE, as well as the rights and obligations of the Parties in this context.
They prevail over any other general or specific conditions not expressly approved by WLT.
WLT reserves the right to be able to modify the T & Cs at any time. The applicable CGU are therefore those in force on the date of use of the SITE by the USER, which can be consulted at any time on the SITE.
The use of the SITE by the USER necessarily implies acceptance of the T & Cs in force on the day of its first use and, if necessary, following any update of the T & Cs by WLT.
The USER therefore acknowledges, before any use of the SITE giving him access to news and technical information, to have read the T & Cs and expressly declares to accept them in full, without any restriction, as soon as he ticks the box "I" have read and accept the General Conditions of Use ”at the end of this text.
In case of modification of the T & Cs, the USER is informed that he / she must first accept the new version of the T & Cs before being able to use the site again.
The SITE is accessible to any USER.
Access to the SITE is completely free.
However, the USER acknowledges that all equipment (mobile phone, tablet, software, cables, etc.), connection fees or other, necessary for the use of the SITE, are at their sole expense.
The USER must have the skills, hardware and software required for using the Internet or, where applicable, Internet services, and recognizes that the characteristics and constraints of the Internet do not guarantee security, availability and the integrity of data transmission over the Internet.
The USER has the option of creating a personal account on the SITE in order to benefit from www.waterlinetechnologie.fr.
The creation of a personal account does not bind the USER in any way.
The USER may, at any time, delete his personal account by making this request to WLT.
Furthermore, WLT may block, at any time and if it sees fit, any access by the USER to the SITE content, to his personal account and to the SITE itself, in particular if he detects or suspects prohibited behavior such as defined in article 7 below or improper use of the SITE by the USER, including as a precaution.
Upon validation of his personal account and acceptance of the T & Cs, the USER will have access to www.waterlinetechnologie.fr.
The entire content of the SITE is protected by French and international laws relating to intellectual property. All reproduction and representation rights are reserved.
All texts, brands, graphics, icons, photographs, logos, videos, sounds and more generally all of the elements making up the SITE may not, in accordance with articles L.122-4 and L.341-1 et seq. Intellectual property code, be the subject of any representation, reproduction, exploitation or extraction, in whole or in part, on any medium whatsoever, without the express prior consent of WLT.
Failure to comply with this prohibition would constitute an act of counterfeiting that could engage the civil and / or criminal liability of its author.
WLT reserves the right to initiate legal proceedings against any person who has not complied with this prohibition.
It is strictly forbidden to carry out an automatic redirection or via a hypertext link to the SITE without the prior and express agreement of WLT.
Any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the SITE, any intrusion or attempted intrusion into the SITE or the WLT systems, any diversion of resources from the SITE, any action of a nature to be imposed is strictly prohibited. a disproportionate burden on the SITE, any attack on security and authentication measures, any act likely to infringe the financial, commercial or moral rights and interests of WLT and / or the USERS, any practice diverting the SITE for purposes other than those for which it was designed and finally more generally any breach of the CGU and the laws and regulations in force.
It is likewise strictly prohibited to monetize, sell or grant all or part of the access to the SITE, as well as to its content.
In the event of a breach of any of the provisions of this article or, more generally, of violation of laws and regulations, WLT reserves the right to take any appropriate measure and to initiate any legal action.
The USER expressly acknowledges and accepts that:
• WLT does not guarantee the USER anything other than access to the SITE and in no way guarantees the USER against any design defect, bug or other lack of conformity;
• WLT does not guarantee that the SITE is free from computer viruses or other technical anomalies beyond its control;
• Data transmissions on the Internet benefiting only from a relative technical reliability, WLT cannot be held responsible on the one hand, for interruptions, slowness and inaccessibility to the Internet network and, consequently, to the SITE and, on the other hand, the fact that the network can be saturated at times, making access to the site very difficult, if not impossible;
• WLT makes no commitment to maintain permanent and uninterrupted access to the SITE: it may at any time modify or interrupt, temporarily or permanently, access to the SITE, without having to inform the USERS in advance. WLT is therefore in no way responsible for these interruptions and the consequences that may result therefrom;
• WLT does not offer any guarantee as to the uninterrupted operation and / or the continuity of the SITE in the event of force majeure or fortuitous event as defined by the jurisprudence in force;
• WLT cannot in any way be held responsible for any damage or accident occurring during the use of the SITE by USERS.
9.1. Type of data:
The personal data which is collected on the SITE are in particular the following:
• When creating the USER account, his name, first name, telephone number and date of birth;
• When the USER connects to the SITE, the latter records, in particular, his surname, first name, connection, use and location data;
• When the SITE is used to communicate with WLT, the data relating to said communications are subject to temporary storage;
• Cookies are used in the context of the use of SITE. The USER has the option of deactivating cookies from their browser settings.
9.2. Use of data:
The personal data collected from USERS is intended to provide the SITE services, improve them and maintain a secure environment. More specifically, the uses are as follows:
• Access and use of the SITE by the USER;
• Management of the operation and optimization of the SITE;
• Verification, identification and authentication of the data transmitted to the USER;
• Implementation of assistance for USERS with a personal account;
• Prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
• Management of any disputes with the USERS;
• Sending commercial and advertising information, according to the preferences of the USER.
9.3. Sharing of personal data with third parties:
Personal data may be shared with third parties, in the following cases:
• When the USER publishes, in the free comment areas of the SITE, information accessible to the public;
• When the USER authorizes the website of a third party to access his data;
• When the SITE uses the services of providers to provide usage assistance, advertising and payment services. These providers have limited access to the USER data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on data protection staff;
• If required by law, WLT may transmit data to follow up on complaints made against it and comply with administrative and judicial procedures;
• If WLT is involved in a merger, acquisition, disposal of assets or bankruptcy proceedings, it may have to sell or share all or part of its assets, including personal data. In this case, the USERS will be informed, before the personal data is transferred to a third party.
9.4. Security and confidentiality:
WLT implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and that WLT cannot guarantee the security of the transmission or storage of information on the Internet.
The USER is informed that he must himself take all measures aimed at preventing access to his data by an adequate configuration of his antivirus, his firewall and more generally his IT environment.
9.5. Rights of USERS on their personal data:
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by law n ° 2004-801 of August 6, 2004, and by European Regulation n ° 2016 / .679, the USER has a right of access, rectification, erasure and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he can exercise by contacting the data controller at the postal address mentioned below, attaching proof of their valid identity.
The data controller is Mr. Henri RENARD , President, residing in this capacity at the headquarters of WLT, located at 7 Rue Charles Péguy - 33600 PESSAC.
9.6. Evolution of this clause:
WLT reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, WLT undertakes to publish the new version on the SITE. If the USER does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
9.7. Complaint to the CNIL:
The USER is informed of the right to lodge a complaint with the supervisory authority, which is the National Commission for Data Protection (CNIL): 3 Place de Fontenoy, TSA 80715 - 75334 PARIS 07.
Any question relating to the SITE should be sent by email to the following address: waterlinetech@orange.fr, or directly on the messaging tab made available on the SITE.
11.1. Partial invalidity:
The Parties agree that, in the event that any of the stipulations of the T & Cs is declared void for any reason whatsoever, the nullity will be strictly limited to the stipulation concerned without the other stipulations, which will retain their full legal effect, are not affected.
The Parties agree, in addition, to substitute for the stipulation declared null one or more other stipulations not likely to incur the grievance of nullity and having the effect of ensuring as closely as possible the objectives initially planned by the Parties by means of the stipulation in question.
11.2. Applicable law:
Any question relating to the T & Cs as well as to the accesses which they govern, which would not be dealt with by these contractual stipulations, will be governed by French law to the exclusion of all other rights.
11.3. Litigation:
Any dispute or dispute relating to the execution or interpretation of the T & Cs that cannot be settled amicably between the Parties will fall under the exclusive jurisdiction of the French courts.
