Terms of Sales

Terms of Sales

Terms of Sales

Between the SAS SiViHa Company, 7 Promenade Charles Trenet, 66140 CANET EN ROUSSILLON, with a Share Capital of 13 139 €, registered in the Perpignan Trade and Companies Register under the number SIRET 828 619 395 00019, represented by Mrs Moll Regina, in quality of President, duly empowered for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
These conditions relate to the sale of products or services by the company SIVIHA named "Seller or the" Company "on the one hand and the natural or legal person proceeding to the purchase of products or services from the company named" the Buyer " , or "the Client" on the other hand.

Article 1 : Object

These General Conditions of Sale determine the rights and obligations of the parties in connection with the sale of Products offered by the Seller. The Seller is the only manufacturer of Simulation products for Aging and Disability with their accessories available on the website: www.siviha.net. Any copy of the products offered by Siviha for competitive sales are prohibited. The list and the description of the goods and services proposed by the Company can be consulted on the website http://www.siviha.net. The Products are intended for industrial and institutional users in accordance with their provisions and standards. By order, the customer confirms the use for commercial or institutional purposes. The correct use of the product is the responsibility of the user. Any rental or loan business is prohibited.

Article 2 : General Provisions

These General Conditions of Sale (GTC) apply to all sales of Products, made by the seller following a written order from the buyer. The conditions of sale are communicated beforehand to the buyer by a price offer. The order implies acceptance of the conditions and is an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to notify the buyer of any inconsistencies or changes to the order. The applicable GTC, then, are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company's website at http://www.siviha.net. The order and the payment are worth the acceptance of General Conditions of Sale. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Price

The prices of the products sold are indicated in Euros excluding taxes and precisely determined in the price offer and on the downloadable page "Our rates" on the website. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the relevant local authorities. The Company reserves the right to modify its prices at any time for the future.

Article 4 : Products and Services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the website of the company. The customer confirms with the order that he has received in detail delivery charges and the payment terms mentioned in the price offer. The Seller undertakes to honor the Customer's order within the limit of the available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the price offer. Except under special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested as follows: Reimbursement of non-conforming material, if it cannot be exchanged, by transfer within 14 days after receipt of the defective goods, the defect must not come from a improper handling or wear.

Article 5 : Retention of title clause

The products remain the property of the Company until full payment of the price. The company can claim the products in case of non-payment within the payment period provided in the price offer or according to our general conditions of sale. The return of the goods does not exempt from the payment of the invoice, in case the merchandise will be returned to Siviha in an irreproachable and resalable state the company will establish a credit.

Article 6 : Terms of delivery

The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the time of preparation of the order. Deliveries are ex works or stock. Deliveries are billed at the indicated delivery rates. When shipping to other countries, delivery charges will be billed according to actual shipping costs. Packing costs are included. An order may consist of several partial deliveries. If the goods are not available, we reserve the right to provide an equivalent replacement item or to terminate the contract. Partial deliveries can be invoiced.

Article 7 : Transfer of risk

The transfer of the goods to a carrier or to a person intended for the transport of the goods implies that the risk of the loss or deterioration of the goods is transferred to the customer. The Seller recalls that at the moment when the Customer physically possesses the products, the risk of loss or damage of the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations on the delivered product.

Article 8 : Availability and presentation

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an article, we can offer an equivalent product.

Article 9 : Payment

The goods remain the property SiViHa until full payment of the invoice. We can request a settlement to the order, the payment of an advance before the shipment of the goods or a settlement on delivery. Invoices are payable according to the conditions specified on our website and if applicable in the price offer. Any other condition must be notified on the invoice. In case of late payment, a penalty of 3 times the legal interest rate will be applied, to which will be added a fixed compensation for recovery costs of 40 €.

Article 10 : Withdrawal period

In accordance with Article L. +33 761 673376 of the Consumer Code, "the consumer has a period of seven clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, return fees. "The period mentioned in the preceding paragraph runs from the receipt for goods or the acceptance of the offer for the provision of services". The right of withdrawal can be exercised by contacting the Company in the following way: by e-mail to the address mollregina@yahoo.fr, by mail to the address of the registered office of the company. We inform the Customers that in accordance with Article L. +33 761 673376-2 of the Consumer Code, this right of withdrawal cannot be exercised for products of a specific manufacture adapted to your needs to these provisions). In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased product (s) will be refunded, the cost of return will be borne by the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions ...) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to send to the following address: SAS SIVIHA, 7 Promenade Charles Trenet, Grand Sud B-409, CANET EN ROUSSILLON, France. We accept to receive the withdrawal form by email on the email address: mollregina@yahoo.fr. The goods must be returned to us within seven days of receipt of the goods at the delivery address SAS SIVIHA Regina Moll, 9 Avenue Frederic Mistral, Grand Sud B-409 66140 CANET IN ROUSSILLON, FRANCE. The goods must be returned to us in its original packaging and in an irreproachable and resalable condition. Any non-compliant merchandise will be charged or not refunded. The return is the responsibility of the Buyer.

Article 11 : Guarantees

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. SiViHa is not responsible for the accuracy of the manufacturer's instructions and any resulting damages. If the good is a product of assembly of several articles, the assembly process is not understood as a manufacture. Similarly, we are not liable for damages resulting from incomplete, late delivery or non-delivery for the following reasons: strike, fire, natural disaster. This also applies to all disturbances due to circumstances beyond our control. We reserve the right to make changes without notice to the product for the purpose of improvement. This in the respect of the contract and in a reasonable way.

Article 12 : Claims

Contact details SAS SiViHa - 7 Promenade Charles Trenet - Great South B409, 66140 Canet en Roussillon by mail and / or by email: mollregina@yahoo.fr.

Article 13 : Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 14 : Force majeure

The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 15 : Nullity and modification of the contract

If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.

Article 16 : Protection of personal data

In accordance with the Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you consent to us collecting and using this data for the realization of this contract.

Article 17 : Applicable Law

All clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.

Article 18 : Jurisdiction

The competent jurisdiction is that of Perpignan.
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