The present terms and conditions are concluded between,
The entreprise- Bureau Technique et Commercial
Head office: 21, Rue des Hirondelles 57460 KERBACH FRANCE
in the following « Fixations-express »
Phone Number : +33 07 81 61 56 12
hereinafter referred to as “the Seller” and on the other hand
any natural or legal person wishing to make a purchase for their online catalogue via the Fixations-express website.
hereinafter referred to as “the Buyer”.
The parties agree that these terms and conditions of sale, available on the day of purchase, exclusively govern their relationship. This contract is subject to the provisions of the Consumer Code concerning distance selling. Please note that due to French law, the terms and conditions in French are legally binding and applicable. This is only a translation without legal binding. To access them, please change you language to French.
The purpose of these conditions is to define the conditions of sale between the seller and the buyer, from the order to the after-sales service, as well as the conditions for purchases made on the Fixations-express website.
Fixations-express reserves the right to change its terms of sale at any time. In this case, the conditions in force at the time of the order will apply.
By confirming the order, the customer confirms that he has read and accepted these general conditions of sale.
The user has the possibility to change his shopping cart before the final validation. The order is definitively registered after the essential information has been filled in and finally confirmed by the buyer.
The order will be confirmed to the customer by e-mail, automatically generated by the Fixations-express website, to the e-mail address provided when the customer account was created. This e-mail confirms all the conditions of the order (product, quantity, final price, etc…). All the data provided and the recorded confirmation are worth signing and acknowledging the operations performed and as proof of transaction.
In certain cases, such as non-payment, wrong address or other problems with the user account, Fixations-express reserves the right to block the user’s order until the problem is resolved.
Case of manual order processing: orders can be placed by fax, e-mail and telephone.
The price is payable at the time of the order
Prices are quoted in euros excluding taxes at the exchange rate in force on the day of the order. The user must also pay a flat-rate amount corresponding to a contribution to the shipping costs of the order, the amount of which is indicated on the order form before validation.
The prices take into account the value added tax applicable on the day of the order. They may be changed in application of new tax regulations that have come into force in the meantime or in case of exchange rate fluctuations of currencies and raw materials. Any change in the applicable rate may be applied to the price of the Products. However, the price cannot be changed once the order has been validated. In the same way, if one or more taxes or levies, in particular environmental taxes, are introduced or changed, up or down, this change may be applied to the sales price of the products listed on the Fixations Express website and in the sales documents. The prices quoted on the site are guaranteed for the duration of the online publication and within the limits of available stocks.
Postage and packaging are free of charge from €41,67(excluding VAT) respectivly 50 € (including VAT) for orders for delivery in metropolitan France (excluding Chronopost). Free shipping only concerns metropolitan France with the exception of Corsica and internationally.
Any complaint against the invoicing must be formulated within fifteen days of the date of invoicing, under penalty of inadmissibility.
Terms of payment:
The customer has the choice of payment
By credit card, using the TLS (Transport Layer Security ) security system: the information is encrypted and secured thanks to the TLS protocol, so that third parties cannot read the information transmitted.
By PayPal: If you already have a PayPal account, choose PayPal as your payment method. After you confirm your order, you will be redirected to the PayPal website.
By bank transfer to the following account:: CREDIT MUTUEL KANTON BEHREN
IBAN: FR76 1027 8054 1900 0201 0562 522
To the following address : Fixations-express-Bureau Technique et Commercial, 21 rue des Hirondelles 57460 KERBACH France
The user’s account will be debited at the time of the order. In the case of products that are not in stock or not available, the buyer will be refunded the amount of the undelivered products.
If in stock, the goods are normally shipped the same day for any order placed before 12 noon. After this time it will be sent the next day.
We will ship to the address provided to us by our customer all items listed on his order, except for items that are not available on the day the order is received (these will be shipped later, as soon as they are available). The maximum delivery time is 12 weeks.
It will be carried out at the address indicated by the customer, who undertakes to take receipt of the product ordered. In case of refusal to receive the product, the buyer must justify the reasons to the seller. If necessary, the customer will be charged a handling fee of 100 euros if it is clearly established that the responsibility for the refusal lies with the buyer and not with the seller or his logistics partner.
The delivery will be made after receiving the authorizations from the bank payment centers.
Delivery in France (without overseas territories)
The delivery times depend on the buyer, who can choose between the following formulas:
- DPD Relais: delivery within 48h to 72h, against signature, for an order placed and paid before 12h.
- DPD Predict: Delivery of your package within a one-hour time slot (choice by SMS or via our web portal), complete and detailed tracking of your delivery
- DPD Business: fast and reliable delivery to the workplace
- DPD Europe: Delivery in Europe
- Colissimo : Delivery to countries, which are not mentionend in the zones 1 to 5
For more details, please read our important customer information.
Delivery Corsica, overseas territories, and other countries
//For Corsica, overseas territories and other countries and for coastal shipping, transport costs will be recalculated in accordance with the tariffs in force. In this situation, Fixations-express will calculate the amount of the transport costs and its proposal must be validated by the customer.//
The times indicated on the website are in working days. They are given as an indication (for any order before 12:00 noon). The times we indicate never constitute a firm commitment on our part to deliver on a fixed date: they are approximate and any delay in delivery cannot give rise to compensation for late delivery or cancellation of the order.
In case of absence, a transit advice will be left in the buyer’s mailbox. It will indicate when and where you can pick up your parcel.
The goods travel at the risk of the buyer. The buyer must examine the products immediately upon their arrival and make all reservations and accurate and detailed observations, all legitimate complaints. In case of damage in transit, the justified protest must be lodged with the carrier within 72 hours of delivery. In case of damaged delivery, the customer must notify Fixations-express of his reservations by mail, fax or e-mail within a maximum period of 72 hours after receipt of the goods. Beyond that, a complaint of this kind will not be considered.
In case of delivery times of more than thirty days (calculated from the order), the purchase contract may be cancelled and the buyer may be compensated.
5) Right of withdrawal
Buyers, non-professional natural persons, benefit from a withdrawal period of seven days from delivery of their order to return the product to the seller for exchange or refund without penalty, except the cost of return. Professionals are subject to a 20% penalty and a minimum amount of 15 € HT. The cost of returning the product will be borne by the buyer.
6) Guarantee – Exchange – Return
The delivered products benefit from the legal guarantee according to articles 1641 and following of the Civil Code. The material sold by Fixations-express is guaranteed for 1 year, on parts and labour, against any material or manufacturing defect on the basis of the delivery. The buyer must check the quantity at the time of delivery, check the good condition before accepting the delivery and, in case of damage or missing items, make direct contact with the carrier. These reservations must be confirmed to the seller in writing by registered letter with return receipt to the carrier. In the absence of reserves expressly indicated on the receipt of goods, the liability of Fixations-expressne may be invoked. The guarantee also excludes any packaging and transport costs.
No goods can be returned without our prior consent. In case of an agreement, this does not mean that we acknowledge our responsibility. The return of material will only be accepted under the following conditions:
- For any material that is believed to be defective, the exact reasons for its return must be stated.
- The customer service department issues the return authorization and assigns it a number.
- All returns must be accompanied by a photocopy of the invoice or delivery note clearly indicating the date of purchase or delivery, exact references and the return number.
No returns will be accepted two weeks after delivery. In any case, the returned item must be complete, intact and in its original packaging.
If the buyer is considering an order for an amount that is above the initial value, the user must pay the balance. Otherwise, Fixations-express will refund the difference.
7) Products – Services
It offers the products and services listed in the catalogue published on the Fixations-express website.
The products must be accompanied by a description prepared by the supplier; the buyer may have access to the supplier’s documents.
The photographs in the catalogue are as faithful as possible to the original, but cannot guarantee perfect similarity with the product on offer, particularly as regards colours.
8) Retention of title
All our sales are concluded under retention of title. In application of the law n° 80-335 of May 12th 1980 (France), it is expressly stipulated that the buyer only becomes the owner of the goods after full payment of the price. Until this date, the buyer may not resell, transform or pledge these goods without the express prior authorisation of Fixations-express, as long as the ownership has not been transferred to him.
In application of the retention of title clause inserted here between Fixations-Express and the buyer, the products whose type and quantity are indicated on our invoices remain the property of the seller.
Notwithstanding the application of this reservation of title, the buyer shall bear the risk in the event of loss or destruction upon delivery of the goods. He also bears the costs of insurance.
In the case of online sales, the seller is obliged to have the necessary means at his disposal; he cannot therefore be held responsible for any damage caused by the use of the Internet, such as loss of data, service interruptions, viruses, break-ins or other involuntary problems.
Limitation of liability
The installation of the ordered product is the sole and unique responsibility of the buyer. The customer cannot hold the seller liable for any failure or damage to the ordered products if they have not been used according to the standards imposed by the manufacturer. More generally, the seller cannot be held responsible for loss of information, time, inconvenience and, more generally, for direct or indirect damage, without this list being exhaustive once a product has been ordered and delivered.
Validity of the exclusion of liability
If any provision of this document is held to be partially invalid or unenforceable under current or future legislation, the validity of the remaining provisions of this document shall not be affected and this document shall remain enforceable.
10) Protection of personal data
In accordance with the law on data processing, files and freedoms of 6 January 1978 (France), information of a nominative nature about purchasers may be the subject of automated processing. Buyers may object to the disclosure of their data by notifying Fixations-express. Users also have the right to access and correct data concerning them.
Fixations-express uses the means to ensure the confidentiality and security of data transmitted over the Internet. Therefore, the Fixations-express website uses a secure payment method such as TLS (Transport Layer Security).
Furthermore, the user will probably receive offers from Fixations-express.
11) Intellectual property
All elements of the Fixations-express website are and remain the exclusive intellectual property of Fixations-express, whether visual or acoustic elements, including subordinate technologies, as they are protected by copyright, trademarks or patents. No document of the website may be reproduced, copied, transmitted or distributed in any way, except for personal use and only for non-commercial purposes; the modification of these documents constitutes an infringement of Fixations-express’s intellectual property rights.
Likewise, the trademarks, logos and representations visible on the Fixations-express website are the exclusive property of Fixations-express.
Users who have a personal website and wish to place a simple link for personal use directly to the Fixations-express homepage must obtain permission from Fixations-express. This will in no way be an implicit agreement. In the event that Fixations-express is held liable due to these violations, Fixations-express reserves the right to question the responsibility of the customer and to demand payment of all disadvantages, penalties or damages from the customer.
12) Duration (documents, archiving, transactions)
Thee computerized registers kept in the computer systems of Fixations-express are considered as proof of communications, orders and payments between the parties. The records are made on secure data carriers.
13) Legal disputes/jurisdiction
Notwithstanding anything to the contrary, the Commercial Court of Sarreguemines will have exclusive jurisdiction over all disputes that may arise in connection with the conclusion or execution of the contracts concluded with us, even in the event of a guarantee declaration or in the event of multiple defendants.
In the case of international sales, unless expressly agreed otherwise, French law will apply, even if the customer accesses the Fixations Express website from abroad.