TERMS OF SALES
Context and application
1. These general terms and conditions apply to the purchase of products detailed in our offer (the ‘products’) by the buyer (the ‘customer’) from VET-DESIGN, a company registered in France under Siren number 829.787.555, with its registered office located at 4, rue du gripail, 35590 Saint-Gilles, France. The company Vet-Design (the ‘supplier’) is duly represented by Mr Yohann Huchet, acting as manager of the company.
2. These terms and conditions shall be deemed to have been accepted when you accept a quotation or from the date of delivery of goods (whichever is earlier) and shall constitute the entire agreement between us and you.
3. The general terms and conditions of sale described below detail the rights and obligations of VET-DESIGN and its customer in connection with the sale of all its products. Any service provided by VET-DESIGN therefore implies the buyer's unreserved acceptance of these general terms and conditions of sale.
Context and application
4. A ‘business day’ means any day other than a Saturday, Sunday or public holiday in France.
5. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
Products
6. By accepting the quotation, you acknowledge that you have not relied on any statement, promise or other representation made by us regarding the products sold. The descriptions of the goods in our sales documentation are for information purposes only.
7. We may at any time make any technical changes to the products that are necessary to ensure user safety and/or comply with any other regulatory requirements
Orders
8. Orders are understood to be any order relating to our products appearing in our commercial documentation and/or price lists, and accepted by VET-DESIGN, accompanied by payment of any deposit specified in writing either on the quotation or by any other means.
9. Orders sent to our Company are irrevocable for the customer, unless we have given our written consent.
Prices
10. Our retail prices are in euros (€), excluding VAT and delivery costs (EXW Saint-Gilles).
11. The price of the products is indicated in our quotation, applying the price list in force on the date of your order or any other price that we may agree in writing.
12. If the cost of the products increases due to factors beyond our control, including, but not limited to, the cost of materials, the cost of labour, changes in exchange rates or customs duties, or changes in delivery costs, we may increase the price before delivery.
13. Any price increase under the above clause will only take effect after we have notified you in advance.
14. We reserve the right to apply or not to apply any discounts on products, at our sole discretion.
15. The price is exclusive of applicable VAT and other taxes or levies that are collected and imposed by a competent authority.
Cancellation and modification
16. The details of the products described in the above clause (Products) and in our sales documents are subject to change without notice and do not constitute a contractual offer of sale.
17. The quotation (including any non-standard prices negotiated in accordance with the above pricing clause) is valid for a period of 28 days only from the date indicated in the quotation.
18. Either party may amend or cancel the quotation prior to acceptance (or rejection) of the quotation. However, once the order has been sent to Vet-Design, it cannot be cancelled unless we agree to this in writing.
Payment
19. We will invoice you for the agreed price, either:
a) upon delivery or at any time after delivery of the goods, or
b) when the goods are ready for collection by you or when you do not choose delivery, at any time after we have notified you that the goods are ready for collection or when the carrier has attempted to deliver them.
20. You must pay the price stated on the invoice within 30 days of the date of our invoice or in accordance with any specific terms that may have been agreed between us.
21. You must make payment even if delivery has not taken place and/or title to the goods has not been transferred to you.
22. If you fail to pay within the period specified in clause 19, we will suspend all further deliveries, without prejudice to our other rights or remedies in respect of statutory interest. We will charge you a fixed fee of 10% per month of delay on the outstanding amount until you pay in full, plus a flat fee of €40 for administrative costs.
23. The payment period shall be the essence of the contract between you and us.
24. All payments must be made in euros, unless otherwise agreed in writing between us.
25. Both parties shall pay all amounts due under these terms and conditions in full, without any deduction or withholding, unless required by law, and neither party shall be entitled to assert any credit, set-off or non-contractual claim against the other party to justify refusal to pay such amount, in whole or in part.
Delivery
26. We will arrange for the goods to be delivered to the address specified in the quotation or in your order, or to another location specified in writing.
27. If you do not specify a delivery address, or if we agree in writing, you must collect the goods from our premises.
28. Subject to the specific terms and conditions of the special delivery service, delivery may take place at any time between 8 a.m. and 8 p.m.
29. If you do not take delivery of the goods, we may, at our discretion and without prejudice to any other rights:
Store or arrange for the storage of the goods and charge you for all associated costs and expenses, including, but not limited to, transport, storage and/or:
Arrange for the re-delivery of the goods and charge you for the costs of such re-delivery; and/or
After 10 working days, resell or otherwise dispose of part or all of the goods and charge you for any shortfall in relation to the price of the goods.
30. If redelivery is not possible, as indicated above, you must collect the goods from our premises and will be notified accordingly. We may charge you for all associated costs, including, but not limited to, storage fees.
31. Delivery times are given for information and guidance purposes only; these depend in particular on the availability of carriers and the order in which orders are received.
32. We may deliver the goods in partial deliveries, which will be invoiced and paid for separately. Each partial delivery constitutes a separate contract. Any delay in delivery or failure to make a partial delivery will not entitle you to cancel another partial delivery.
Inspection of goods
33. You must inspect the goods upon delivery or collection.
34. If you notice any damage or missing items, you must notify us in writing within 7 days of delivery, providing the necessary details.
35. Our Company guarantees its products against hidden defects, in accordance with the law, customary practice and case law. Under the hidden defects guarantee, our company shall only be liable for the replacement, free of charge, of defective goods, without the customer being entitled to claim damages for any reason whatsoever.
36. The costs of returning the goods to the Company and returning the equipment shall be borne by VET-DESIGN only in the event that an apparent defect or missing items are actually found by the latter or its representative. Only the carrier chosen by our company is authorised to return the products concerned.
37. Subject to your compliance with the clause and/or agreement, you may return the goods and we will repair, replace or refund, as appropriate, the goods or parts thereof.
38. We shall have no further liability or obligation in respect of the goods if:
a) You fail to give the notice provided for above and/or:
b) You make further use of the goods after giving notice as provided in the clause above relating to damage and shortages and/or
c) The defect results from your failure to follow our oral or written instructions regarding the storage, installation/assembly, use and maintenance of the goods; and/or:
d) The defect results from natural wear and tear of the goods; and/or:
e) The defect results from misuse or modification of the goods, negligence, wilful damage or any other act on your part, that of your employees, agents or any other third party.
f) You bear the risk and cost of returning the goods.
39. Acceptance of the goods shall be deemed to have been inspected by you and, in any event, within 14 days of delivery.
Transfer of risk and ownership
40. The risk associated with the goods will be transferred to you upon completion of delivery.
41. RETENTION OF TITLE: Transfer of ownership of our products is suspended until full payment of the price thereof by the customer. Title to the goods will not pass to you until we have received full payment (in cash or cleared funds) for: (a) the goods and/or (b) any other goods or services we have supplied to you and for which payment is due.
42. Until title to the goods has been transferred to you, you must (a) hold the goods in trust as our bailee and/or (b) store the goods separately and not remove, deface or obscure any identification markings or packaging on or relating to the goods; and/or (c) keep the goods in a satisfactory condition and maintain them insured against all risks for their full price from the date of delivery.
43. As long as the goods have not been resold or irreversibly incorporated into another product, and without limiting any other rights or remedies we may have, we may at any time request delivery of the goods and, if you do not do so promptly, come and collect them.
Warranty
44. The proper functioning of our machines is guaranteed for one year from the date of sale (date of invoice). The warranty is limited to defects in the parts of the device and any assembly defects verified in our workshops by the after-sales service.
45. VET-DESIGN will cover the full cost (spare parts and labour) of replacing any defective parts and rectifying any assembly defects.
46. However, all shipping costs relating to the implementation of the above warranty shall be borne by the purchaser, both for the return of the faulty equipment to VET-DESIGN and for the return of the repaired equipment to the purchaser or the shipment of any replacement equipment.
47. Warranty limitations:
a) for hoses, only the assemblies and crimping are covered by the warranty; cable breakage at any point other than the crimping of the end fittings is excluded.
b) for bearings/seals on diamond cutters, only assembly defects are covered by the warranty.
c) For batteries and motors, only manufacturing defects are covered by the warranty; costs inherent to battery wear and tear are excluded.
48. The purchaser shall forfeit the benefit of the warranty in particular in the event of dismantling of the product outside the VET-DESIGN maintenance workshop, failure to comply with the instructions for use, in particular the precautions or maintenance instructions, or, in general, negligence or carelessness.
49. Except in cases of unforeseeable circumstances or force majeure, the repair period shall be 72 hours after receipt of the products at VET-DESIGN's headquarters.
50. After the 12-month warranty period has expired, repairs to the equipment may be carried out by VET-DESIGN's after-sales service. In this case, the cost of VET-DESIGN's after-sales service will be borne entirely by the user.
Termination
51. We may terminate the sale of the goods under contract where:
a) You commit a material breach of your obligations under these terms and conditions.
b) You are or become, or in our reasonable opinion are about to become, the subject of an order for bankruptcy or benefit from any other legal provision for the relief of insolvent debtors.
Limitation of Liability
52. Our liability under the contract, and in the event of a breach of a statutory duty, and in the event of tort, misrepresentation or otherwise, shall be limited to this section.
53. If we fail to deliver the goods, our liability shall in no event exceed the total amount of the price payable by you. We shall not be liable in respect of the goods for:
a. Any loss, damage, cost, expense and/or indirect, special or consequential damage Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption, or other claims by third parties and/or
b. any loss relating to the selection of the products and how they will meet your purpose or your use of the products supplied.
54. The exclusions of liability contained in this clause do not exclude or limit our liability for death or personal injury caused by our negligence, or for any matter for which it would be illegal for us to exclude or limit our liability, and in the event of fraud or fraudulent misrepresentation.
Communications
55. Toutes les notifications en vertu des présentes Conditions générales doivent être faites par écrit et signées par la partie donnant la notification (ou un agent dûment autorisé de cette partie).
56. Toutes les notifications en vertu des présentes conditions générales doivent être adressées à l’adresse physique la plus récente ou à l’adresse électronique notifiée à l’autre partie.
57. Les avis seront réputés avoir été dûment donnés s’ils sont transmis par courrier électronique et qu’un rapport de transmission réussie ou un accusé de réception est généré ou lorsqu’ils sont remis par un autre moyen au destinataire (dépôt par un coursier ou autre messager (y compris par courrier recommandé.
Data protection
58. When supplying products to the buyer, the seller may have access to and/or require the ability to transfer, store or process the buyer's employees' personal data.
59. The parties agree that when such processing of personal data takes place, the Buyer is the ‘data controller’ and the Seller is the ‘data processor’ as defined in the General Data Protection Regulation (GDPR), as may be amended, extended and/or enacted from time to time.
60. For the avoidance of doubt, the terms ‘personal data’, “processing”, ‘data controller’, ‘data processor’ and ‘data subject’ shall have the same meanings as in the GDPR.
61. The Seller shall only process Personal Data to the extent reasonably necessary to enable it to supply the Products as referred to in these Terms and Conditions and/or requested by the Buyer. The Seller shall not retain personal data longer than necessary for processing and shall refrain from processing personal data relating to the sale (such as credit card or other financial information) for its own purposes or for third parties.
62. The Seller shall not disclose any of the personal data listed in Clause 56 to third parties other than employees, directors, agents acting on behalf of the company, on a strict ‘need to know’ basis, and only under the same conditions as those set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.
63. The Seller shall implement and maintain the technical and organisational security measures required to protect the Personal Data processed by the Seller on behalf of the Buyer. Further information on the Seller's approach to data protection is specified in the legal notice, which can be consulted on the website.
64. For any requests or complaints regarding the confidentiality of our data, if the user wishes to know how the seller processes personal data, modify the data or object to its use, the user may contact Vet-Design by post at the following address: VET-DESIGN, 4 Rue du Gripail, 35 590 Saint-Gilles, France. In this situation, the user must indicate the personal data that the seller must correct, update or delete, and must prove their identity with a copy of a passport or identity card.