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GENERAL TERMS AND CONDITIONS OF SALE


1. General Information

These General Terms and Conditions of Sale apply only to the sale of products by EVERBEST to its partners. Likewise, its partners agree to respect the obligations set forth in the trademark license.
In any case, they do not apply to contractual relationships between their partners and clients.

“Products” means all products necessary to use the TACTEA concept, particularly for switches, power cords, LEDs and marketing products.

Subsequently, placing an order means fully accepting these General Terms and Conditions of Sale without reserve, excluding any other documents such as catalogues, prospectuses, etc. issued by EVERBEST which are for information purposes only. Any contrary condition enforced by the partner will not be binding for EVERBEST unless expressly accepted, regardless of when EVERBEST became aware of this condition.

The fact that EVERBEST does not enforce any of these General Terms and Conditions of Sale at any time cannot be interpreted as a waiver of its right to enforce these conditions at a later date.

EVERBEST reserves the right to modify these General Terms and Conditions of Sale at any time.

In the case where one of the provisions of these General Terms and Conditions of Sale is considered or declared, by Court ruling, illegal or null and void, the other provisions of these General Terms and Conditions of Sale will remain in full effect.


2. Orders

Any partner order must be placed online at www.tactea.fr.

The partner has a client account with a login and password. To this end, the partner acknowledges that the login and password are personal, individual, confidential and cannot be shared. The partner alone is responsible for the login and password. Therefore, the partner agrees to keep this information a secret and to not disclose them to third parties in any way.

Orders must be placed using the following methods:
  • filling out an identification sheet where the partners fill out all the information requested,
  • filling out the purchase order online by providing all product codes or the services selected,
  • verifying and validating the order,
  • accepting these General Terms and Conditions of Sale,
  • making payment under the terms provided for,
  • confirming the order and payment. Confirming the order means accepting these General Terms and Conditions of Sale, confirming to have read them and the partner waiving the right to apply its own sales conditions or other conditions.

All data provided by the partner and the registered confirmation are proof of the transaction. The confirmation will be valid as a signature and acceptance of the transactions conducted.

Orders will be confirmed by email by EVERBEST within 48 hours starting from the business day following the order date.  

Any cancellation request must be sent directly to EVERBEST and is only processed if the product has not already been shipped.


3. Price

The products are billed at their current price when the order is placed.

The applicable taxes are the taxes in effect on the billing date, based in the country to which the product is shipped.

EVERBEST reserves the right to modify these rates at any time. However, EVERBEST agrees to apply the current rates indicated when the partner places the order.


4. Payment

A bill is issued for each delivery.

The partner agrees to pay all orders as follows:
  • By check (for mainland France only)
In case of payment by cashier's check, it must be drawn on a bank located in mainland France. The check will be deposited when the check is received.
In order to allow EVERBEST to process the order properly, the check must be made out to SARL EVERBEST within 2 business days after the order is placed and sent to the following address:
     SARL EVERBEST, 58 Rue des Grands Mortiers, 37700 Saint Pierre des Corps
  • By bank transfer
In order to allow EVERBEST to process the order quickly, the bank transfer must be sent when the order is placed based on the methods indicated on the EVERBEST website to the following accounts:

BANK CODE + BRANCH CODE +ACCOUNT NO  +RIB CODE:
19406 37072 28061493001 85


for FRANCE:

INTERNATIONAL BANKING ACCOUNT NUMBER (IBAN) :
FR76 1940 6370 7228 0614 9300 185


for ABROAD:

BANK IDENTIFICATION CODE (SWIFT):
AGRIFRPP894

  • Online payment by debit card
The card is only debited when the order is sent.

Payments are processed using the secure, CentralPay, system which uses SSL (Secure Socket Layer) protocol so that the information sent is encrypted by software and no third party can view it when it is transmitted over the network.


5. Delivery

The delivery terms are provided for information purposes only.

Deliveries are made to the address indicated in the purchase order, which can only be in the geographic area agreed upon with the partner.

For deliveries in mainland France and in Europe, EVERBEST agrees to deliver the products within 21 business days starting from the order confirmation by EVERBEST. EVERBEST is not liable for any courier-related issues.

For deliveries outside of Europe, EVERBEST agrees to deliver the products within 30 business days starting from the order confirmation by EVERBEST. EVERBEST is not liable for any courier-related issues.

For deliveries outside of mainland France, Incoterm FCA (FOB Transporter) applies.

EVERBEST will not be directly or indirectly liable for information on product availability sent by EVERBEST, out-of-stock items or the delivery date report nor is it liable for damages and interest to the partner due to cancelled orders unless the cancellation is due to the negligence of EVERBEST.

Nevertheless, if 30 days after the indicative delivery date, the product has not been delivered for any reason other than a case of force majeure, the sale may be terminated at the request of either party without invoking any damages-interest.

The following are considered cases of force majeure that releases EVERBEST from its obligation to deliver: inclement weather, war, unrest, fire, strikes, accidents, regulations or government requirements or any other inevitable and unpredictable event that could escape the control of EVERBEST.
EVERBEST will keep the partner informed about any cases and events listed above in a timely manner.

In any case, timely delivery can only occur if the partner is up-to-date with its obligations to EVERBEST, regardless of their cause.

The partner is liable for the products starting from when the products leave the EVERBEST premises. It is the responsibility of the partner, in the case of damages or loss, to provide all necessary information on the delivery order and to confirm any issues by registered letter with return receipt sent to the courier within 72 hours following receipt of the merchandise. The partner will send EVERBEST a copy of any complaint it files against the courier as soon as possible.


6. Receipt - Returns

Without prejudice to the provisions to be taken against the courier, any complaints for obvious defects or non-compliances in delivered merchandise for the products ordered must be filed by the partner within 48 hours following receipt of the products.

The partner is responsible for providing evidence of the defects or abnormalities found. EVERBEST has the right to verify these defects. The partner must refrain from working on the merchandise or having third parties work on it.

Merchandise may only be returned if EVERBEST has confirmed the non-compliance of the merchandise or if an expert finds that the partner has in no way caused the non-compliance.

Any order returned without EVERBEST’s approval will continue to be available to the partner and will not result in a credit.

The return of the merchandise is done at the expense of the partner. It must be returned in its original packaging, sent by post to the following address: SARL EVERBEST – 58, rue des Grands Mortiers – 37700 SAINT PIERRE DES CORPS.

If the products delivered have a clear defect or non-compliance, duly verified by EVERBEST under the conditions set forth above, the partner may obtain a free replacement or have the products reimbursed at the discretion of EVERBEST but has no right to further compensation, damages or interest.


7. Warranty

7.1 EVERBEST does not provide any warranty for clear defects that can be found after the normal examination of the product that is not reported by the partner under the conditions set forth under articles 5 and 6 herein.

7.2 By application of articles 1641 and the following of the Civil Code, the partner is covered by a legal warranty against all consequences of the hidden defects or vices that could emerge so long as they are reported to EVERBEST as soon as they appear.

7.3 Contractual Warranty

The products are guaranteed for one year starting from delivery.

The return of the merchandise is done at the expense of the partner. It must be returned in its original packaging, sent by post to the following address: SARL EVERBEST – 58, rue des Grands Mortiers – 37700 SAINT PIERRE DES CORPS and within 30 days of the notification of the complaint to EVERBEST.


8. Ownership Reserve

The products that are billed and delivered to the partner will remain the property of EVERBEST until they are paid in full. Lacking payment may result in the immediate repossession of the products by the seller at the expense, risk and peril of the partner.

During the period between delivery and the transfer of ownership, the risks of loss, theft or destruction as well as damages that the partner may experience are at its sole expense.

The partner agrees, in the case of a court-supervised reorganization of its company, to actively participate in taking inventory of the products in its warehouse and to which EVERBEST claims ownership. Lacking this, EVERBEST has the right to view the inventory taken by the bailiff at the expense of the partner. EVERBEST may prohibit the partner from selling, transporting or incorporating products in the case of late payment. To guarantee outstanding payments, particularly the partner’s account balance in the seller’s books, it is expressly agreed that the rights to the products delivered but unpaid will be valid for identical EVERBEST products in the partner’s warehouse without any need to enter payments for specific sales or deliveries.


9. Intellectual Property

All information on the EVERBEST website is and remains the exclusive intellectual property of EVERBEST.

No one is authorized to reproduce, use, distribute or utilize this information, be it software, visual or audio, for any reason.

Any simple link or hypertext is strictly prohibited without express written agreement from EVERBEST.


10. Freedom of Information

By application of Law no. 78-17 of 6 January 1978, it is reiterated that nominative data that may be requested from the partner to process its order is only used internally by EVERBEST. This data may not be transferred to third parties or vendors. The partner has the right to object to, access, modify or correct its information.

The EVERBEST web site has been declared to the National Freedom of Information Commission.


11. Notices

EVERBEST agrees to implement all means necessary to ensure the best possible service online.

The partner declares to be informed that the internet is not always reliable and, in particular:
-    about the safety of data transmission,
-    about its obligation to protect its material or information network using an updated antivirus program,
-    that the volume and speed of data transmission is not guaranteed,
-    that continual access to the service is not guaranteed.

The service may occasionally be unavailable due to maintenance necessary for the site to operate properly.

EVERBEST may not be held liable if the site does not operate properly due to technical issues, the inability to access the site and host server issues.


12. Election of Domicile and Jurisdiction

These General Terms and Conditions of Sale are governed by French law.

For any judicial action, domicile is elected at the registered office of EVERBEST, with the local court having jurisdiction, even if there are multiple defendants. This fact is expressly approved by the partner. 
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