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TERMS OF SALES 

1.1 Scope of application of the general conditions of sale. These general conditions of sale (“CGV”) apply to any order placed by a customer (the “Customer”) with the GUILCOR company for products that it markets. All orders are subject to the General Terms and Conditions in their version in force on the day of this Order.   

1.2 Order 

The Customer acknowledges prior to the Order having been aware of the information referred to in Article L111-1 of the Consumer Code, and in particular the essential characteristics of the Products and Services and their respective prices. When 

Order, the Customer communicates to GUILCOR, under its responsibility, the exact, precise and complete information necessary, relating in particular to the delivery address of the Products and/or the billing address. In the event of an error, GUILCOR will not be held responsible in any way whatsoever. The signing of the Order or its confirmation by the Customer firmly and definitively formalizes the conclusion of a contract (the “Contract”) with GUILCOR. In the event of total or partial cancellation of the Order decided unilaterally by the Customer before delivery, GUILCOR may retain the sums already paid and demand the balance of the Order, without counting any other damages that may be payable by the Customer. with the exception of the cases referred to in Article 6 below. 

Recommendations before the Order: Before any Order, the Customer is advised to ensure that the Product corresponds to his expectations, and the terms of implementation or installation. For specific use and in particular for use in an ERP (Establishment Receiving the Public), the Customer must inquire in advance about the specific requirements that may be required by regulations. It is the Customer's responsibility to verify the conformity of the Product in the event of export or use of the Product outside mainland France. 

 

Article 2: Products and services  

The essential characteristics of the Products are indicated on the GUILCOR website (the “Site”). To better meet the Customer's needs, the Product offering may change at any time on the Site. It is the Customer's responsibility to read the labeling, technical data sheets, installation recommendations for the Product and any notices present on the Product or its packaging before its use or installation. 

2.1 Standard or standard products with option A standard product designates a product conforming to a mass production standard. A standard product with option designates a product conforming to a serial manufacturing standard customizable according to options offered by GUILCOR. 

2.2 Customized products 

Custom-made products are made to measurements at the Customer's request.  

 

Article 3 Price 

The sales prices for standard Products are available on the Site. Any price change by GUILCOR subsequent to the Order has no effect on it. The prices of the Products and Services are inclusive of all taxes (TTC) at the current VAT rate. These prices do not include delivery costs.  

 

Article 4: Payment 

4.1 Terms of payment  

Payment for Products is made in cash without discount unless otherwise indicated on the GUILCOR order confirmation. Orders are payable by check by transfer or bank card, or remotely via our remote payment provider. The Customer may be asked to present proof of identity during payment. The invoice for the Products will be issued after payment of the entire Order and sent to the Customer. 

4.2 Failure to pay - Penalties 

The Customer cannot, under the pretext of a complaint made by him, withhold all or part of the sums due to GUILCOR, nor carry out compensation. Furthermore, the balance of the Order remaining due will become due. As an exception for the Professional Customer, the amount due will be increased by late payment penalties at the rate applied by the ECB plus 10 percentage points and €40 for recovery costs. GUILCOR also reserves the right to pursue the Client for compensation for the damage suffered. 

4.3 Reservation of title  

 

The transfer of ownership of the Products is expressly subject to full payment of the price in principal and accessories. 

 

Article 5: Delivery – Collection of Products in store For any Order, the Customer can choose delivery to the address they wish 

5.1 Delivery 

Delivery costs: These costs appear on the GUILCOR Order form. 

Delivery time: For France, the delivery time is 72 hours for products in stock and 5 weeks for products on production. Unless payment deadline is granted, 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. 

Delivery terms: 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 note 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) noted upon delivery, the Customer must: 

describe precisely on the delivery note the condition of the Products (examples: “missing 1 product out of 2 ordered). 

have any reservations co-signed by the carrier. 

within 3 days following 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 to the request for return of the Products as soon as possible. Return costs are the responsibility of GUILCOR in this case. In the absence of specific reservations, delivery will be considered to comply with the Order. 

 

Article 6: Transfer of risks 

The Customer takes possession of the Products at the time of their delivery. The risks of loss, theft or deterioration of the Products as well as damage caused by the Products are transferred to the Customer upon delivery. 

 

Article 7: Guarantees    

The Products and Services are guaranteed, upon presentation of the invoice for the legal provisions. It is specified that the provision of after-sales services under legal guarantees is only carried out in mainland France, excluding Overseas Territories and Corsica. 

7.1 Legal guarantee  

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

Extracts from the Consumer Code: Guarantee of conformity: The Customer: benefits from a period of two years from delivery of the goods to act; 

can choose between repairing or replacing the goods, subject to the cost conditions provided for by 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 months following delivery of the goods. Guarantee against 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 liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. 

Art. L.217.5. – The property complies with 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. – The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. Art. L.217-16. When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available 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 8: Applicable law - Mediation - Competent courts 

These General Terms and Conditions 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 AR to the address 

following: 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.  

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 9: Personal Data 

The personal data communicated to GUILCOR by the Customer are 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, and to establish statistics. commercial and/or to allow it to benefit 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, rectification 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 subject to commercial prospecting by telephone can register free of charge on the list opposing telephone canvassing, Bloctel. 

 

GUILCOR Customer Service can be contacted: • By telephone at 0233611670 • via the address contact@guilcor.com • By post to the following address: GUILCOR route de carolles 50530 SARTILLY