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Terms & Conditions

GUILCOR SAS General Conditions of Sale

These general conditions of sale determine the contractual relations between GUILCOR SAS with a capital of 100.000 € registered with the RCS of COUTANCES 341 972 669 under number 341 972 669 whose head office is in Sartilly (50530) Route de Carolles and its customers. These general conditions are systematically brought to the attention of each buyer to enable him to place an order. The fact that a user completes the order form implies full acceptance of these general conditions, which will be the only ones applicable to the contract thus concluded.

Article 1 - Scope of the general conditions of sale - Order

1.1 Scope of the general conditions of sale

These general conditions of sale ("GTC") apply to any order for standard products ("Product") made by a customer (the "Customer") with the company GUILCOR, (hereinafter referred to as "GUILCOR") , or on the GUILCOR.COM website, (hereinafter referred to as the "Site"). Any order placed on the GUILCOR Site is subject to the GTC in their version in force on the day of the Order.

1.2 Order

The Customer acknowledges prior to the Order having been aware of the information referred to in Article L.111-1 of the Consumer Code, and in particular the essential characteristics of the Products and their price.

When ordering, the Customer provides, under his responsibility, the exact, precise and complete information necessary, relating in particular to the delivery address of the Products and / or the billing address. In case of error, GUILCOR will not be held responsible in any way.

The validation of the Order by the Customer formalizes in a firm and definitive way the conclusion of a sales contract with GUILCOR, subject to the exercise of the right of withdrawal indicated in article 5 of the GTC.

The Customer then receives by email an Order summary with the Order number, a delivery time or availability in store and confirmation of payment.

Recommendations before validation of the Order:

Before any Order, the Customer is advised to go to the store to ensure that the Product meets their expectations.

For a specific use and in particular for use in an ERP (Establishment Receiving the Public), the Customer must first find out about the specific requirements that may be required by the regulations.

When the Customer carries out work with the Products, it is up to him to carry out, upstream It is up to the Customer to check the conformity of the Product in the event of export or use of the Product outside mainland France, the Products being intended for use in temperate climatic zones.

1.3 Product unavailability

All our products are offered within the limits of available stocks. In case of unavailability of product after placing your order, we will inform you as soon as possible.

You will then have the option of either canceling your order or modifying it with our customer service by e-mail contact@guilcor.com. This e-mail is protected against spam bots, your browser must accept JavaScript to see it. GUILCOR may have to replace an unavailable item with another of similar characteristics and of the same or higher quality at the same price.

1.4 Confirmation of your order

The validation of the order is effective as soon as GUILCOR has published and communicated our acknowledgment of receipt to the buyer who will have read these General Conditions of Sale beforehand.

We reserve the right to cancel any order from a customer with whom there is a dispute over payment or delivery of a previous order.

Article 2 - Products

The essential characteristics of the Products are indicated on the GUILCOR Site.

To better meet the needs of the Customer, the Product offer is subject to change at any time on the Site.

Before use or installation, it is the Customer's responsibility to take note of the Product labeling, technical sheets, installation recommendations and any information on the Product or its packaging.

Article 3 - Price

The selling prices of the Products are those appearing on the Site at the time of the Order.

Any price change by GUILCOR subsequent to the Order has no effect on it.

The prices of the Products, on the GUILCOR.COM Site, are understood to include all taxes (TTC) at the current VAT rate.

In the event of a typographical error in the price of a Product, or a manifestly incorrect or derisory price, GUILCOR will notify the Customers concerned of said error and may cancel the Order of the Product (s).

These prices do not include delivery costs. These delivery costs are communicated to the Customer before the Customer confirms his Order and appear on the Order summary received by email and on the invoice.

Article 4 - Terms of payment

Payment of the full amount of the Order is required at the time of validation of the Order. Payment for the Products is made in cash without discount.

Orders are payable by credit card.

The invoice for the Products will be communicated to the Customer upon delivery.

Article 5 - Right of withdrawal

5.1 Withdrawal period

In the case of an Order placed on the Site by a consumer, the Customer has, in accordance with Article L 221-18 of the Consumer Code, a withdrawal period of fourteen (14) days from receipt of the Products in the event of delivery.

Beyond this period, the Order cannot be canceled for this reason by the Customer.

The right of withdrawal cannot be exercised in the event that the Products, after having been delivered, are integrated and / or fixed inseparably with other products.

5.2 Procedures for exercising the right of withdrawal

The Customer may exercise his right of withdrawal via the Order cancellation form appearing on the Site or by contacting GUILCOR customer service (hereinafter referred to as “Customer Service”).

GUILCOR Customer Service can be contacted:

• By phone at 0233611670

• via the address contact@guilcor.com

• By mail to the following address: GUILCOR route de carolles 50530 SARTILLY

5.3 Methods of returning Products

Within a maximum period of fourteen (14) days from the communication to GUILCOR of its decision to withdraw, the Customer must contact Customer Service in order to agree on the methods of reshipping or returning the Products.

The Products must be returned in their perfect original condition, accompanied by all possible accessories, instructions for use and documentation.

The Customer returns the Product to a Store, at his expense.

After checking the condition of the Product, GUILCOR will reimburse the Customer by the same means of payment as that used by the latter.

5.4 Refund

For products in stock:

Subject to compliance with the above conditions, GUILCOR undertakes to reimburse the Customer for the price of the returned Products as well as the costs of the initial delivery, within fourteen (14) days from the date of recovery of the Products by GUILCOR or from the transmission by the Customer of proof of dispatch of the returned Products, the date selected being that of the first of these facts.

For custom or made-to-measure products:

The product being a special manufacture for the customer, no refund can be requested.

Article 6: Delivery

For any Order, the Customer can choose either delivery to the address he has indicated.

Delivery costs:

These costs appear on the GUILCOR Order form.

Delivery times :

For France, the delivery time is 72 hours for products in stock and 5 weeks for manufactured products.

Unless there is a payment deadline, delivery is conditional on payment of the balance of the Order. GUILCOR will inform the Customer by any means of communication of any possible delay in delivery.

If GUILCOR exceeds the announced delivery time by more than 15 days, the Customer may terminate the Contract under the conditions of article L.216-2 of the Consumer Code.

Terms of delivery:

GUILCOR reserves the right to make the Customer bear the costs linked to the reshipment of the Product resulting from incorrect information given by the Customer.

Upon delivery of the Products, the Customer must sign the delivery slip presented by the carrier. The Customer must check the condition of the Products. In the event of an apparent anomaly (damaged packaging, missing, damaged or broken products) observed during delivery, the Customer must:

• describe precisely on the delivery slip the state of the Products (examples: “1 product out of 2 ordered is missing).

• have any reservations co-signed by the carrier.

• within 3 days of delivery, inform GUILCOR customer service of this non-compliance by email to the following address contact@guilcor.com, specifying their name, first name and address as well as the Order number.

GUILCOR will communicate to the Customer its agreement or refusal on the request for the return of the Products as soon as possible. The return costs are the responsibility of GUILCOR in this case.

In the absence of specific reservations, the delivery will be considered in conformity with the Order.

Article 7 - Transfer of risk

The Customer takes possession of the Products upon delivery.

The risks of loss, theft or deterioration of the Products as well as the damage caused by the Products are transferred to the Customer from the date of delivery or withdrawal of the Products from the Store.

Article 8 - Legal Guarantees

The Products are guaranteed, on presentation of the invoice, within the framework, on the one hand, of the legal provisions.

GUILCOR is liable for defects in the conformity of the goods with the Order under the conditions of articles L. 217-4 and following of the Consumer Code and for hidden defects of the item sold under the conditions provided for in articles 1641 and following of the Civil Code.

Guarantee of conformity:

The customer :

• has a period of two (2) years from the delivery of the goods to act;

• may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

• is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.

Guarantee of hidden defects:

The Customer can invoke a hidden defect, inherent in the Product and rendering it unfit for its use. If the conditions of articles 1641 et seq. Of the Civil Code are met, he may request either the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

Extracts from the Consumer Code:

Art. L. 217-4. - The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Art. L. 217-5. - The good conforms to the contract:

1 ° If it is suitable for the use normally expected of similar goods and, if applicable:

• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Art. L.217-12. - Action resulting from lack of conformity lapses two years after delivery of the goods.

Art. L.217-16. - When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of a movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Extracts from the Civil Code:

Art. 1641. - The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer has not acquired it, or would have given only a lower price, if he had known them.

Art. 1648. - The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.

Art. 1792-2. - The presumption of responsibility established by article 1792 also extends to damage which affects the solidity of the equipment elements of a work, but only when these are inextricably linked with the viability, foundation, and structural works. frame, enclosure or cover.

An item of equipment is considered to form an inseparable body with one of the viability, foundation, framework, enclosure or cover works when its removal, disassembly or replacement cannot be carried out without deterioration or removal. material of this work.

Article 9: Applicable law - Mediation - Competent courts

These GTC are subject to French law. In the event of a dispute, the Customer must first contact GUILCOR customer service by email at the following address contact@guilcor.com or by registered mail with return receipt to the following address: route de carolles 50530 SARTILLY

In accordance with article L. 211-3 of the Consumer Code, for complaints already filed in writing with GUILCOR customer service for less than a year and which have not resulted in an agreement, the private customer may appeal free of charge. to a mediation procedure.

To resolve a dispute following a purchase made on GUILCOR.COM, the individual Customer can also use the out-of-court online dispute resolution platform set up by the European Union, and accessible at the following address: https: / /ec.europa.eu/consumers/odr/main/?event=main.home.show

In the absence of agreement with the GUILCOR Customer Service or in the event of failure of mediation, if the Customer is an individual, the competent jurisdiction will be that designated in application of the rules of common law. If the Client is a professional, the competent court is the Commercial Court of COUTANCES.

Article 10: Personal Data

The personal data communicated to GUILCOR by the Customer is intended for the proper execution of Orders, the management of commercial relations and invoices, the improvement of the quality of the Products offered, the best response to the Customer's expectations, to establish statistics. commercial and / or allow it to bene fi t from GUILCOR offers, its subsidiaries and / or its commercial partners. The Customer consents to the use of his data by GUILCOR and / or by third parties, subsidiaries or commercial partners of GUILCOR. In accordance with the regulations applicable to personal data, the Customer has a right of access, recti fi cation and erasure and the right to limit the processing concerning him which he can exercise by sending an e-mail to : contact@guilcor.com or by writing to: GUILCOR, route de carolles 50530 SARTILLY.

Consumers who do not wish to be the subject of commercial prospecting by telephone can register for free on the list of opposition to telephone canvassing, Bloctel.

Article 11: Intellectual property and GUILCOR copyright

All the elements, in particular the texts, images, photographs, illustrations, sounds, music, put on line on the site www.guilcor.com are, except particular mentions, the exclusive property of GUILCOR. As a result and in application of the provisions of the Intellectual Property Code, the laws and regulations of all countries and international conventions, any representation and / or reproduction, in whole or in part, of one of the elements mentioned above, made without GUILCOR's prior written consent is prohibited. When you subscribe to one of our services, GUILCOR grants you permission to use the data and graphics provided to you as part of this service for any application whatsoever, provided you specify the source of these data and to explicitly mention the name "GUILCOR".

GUILCOR Customer Service can be contacted:

• By phone at 0233611670

• via the address contact@guilcor.com

• By mail to the following address: GUILCOR route de carolles 50530 SARTILLY

If the Client is a professional, the competent court is the Commercial Court of COUTANCES.