These general conditions of online sale (hereinafter the “General Conditions of Sale”) apply to any orders placed on the website of NEXELEC SAS with a share capital of EUR 300,000 – Registered with the Trade Register of AIX-EN-PROVENCE under number 518 790 449, (EU VAT No. FR54518790449) located at the www.nexelec.fr address and any associated sites linked to the www.nexelec.fr website (including the www.insafe.fr website) by NEXELEC (hereinafter jointly referred to as the “Site”).
Placing an order involves full and unreserved acceptance by the purchaser of these general conditions of online sale.
These general conditions of online sale as well as the order confirmation constitute the contract between us and you for the supply of products.
No contrary condition may be raised in objection by the purchaser, irrespective of the time when it may have been brought to its knowledge. Should the seller not avail itself of any of these general conditions of sale at a given time, this may not be construed as constituting a waiver to avail itself of any of such conditions at a later date.
The contract may only be amended if we accept to do so in writing by post or by email within the context of special conditions of online sale, whenever the specific aspects of the transaction so justify.
The applicable general conditions of sale are those in force on the day the order is validated.
You acknowledge that you have read these general conditions of sale and undertake to comply with them.
NEXELEC reserves the right, at its sole discretion and without prior notice, to change, modify, add or remove portions of these general conditions of sale, at any time.
It is your responsibility to check these general conditions of sale periodically for changes.
Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
NEXELEC does not make online sales to professionals. For any order by a professional, please contact NEXELEC:
• by email at: email@example.com
• by post: NEXELEC - 67, Cours Mirabeau - 13100 Aix-en-Provence, France
• by telephone: +33(0)4 42 93 89 19
Product information - Product availability
The products governed by these general conditions are those mentioned on the Site.
Our product offerings are valid as long as they are visible on the site, within the limit of available stocks.
If a product is unavailable after your order has been placed, we will promptly inform you of this by email. Your order will be automatically cancelled and you will be refunded any amounts already paid.
Terms and conditions for placing orders
You must be 18 years or over to place an Order.
You can place an order with NEXELEC online on the Site. No order sent to NEXELEC by telephone, post or by fax will be taken into account.
The contractual information is provided in French and will form the subject of a confirmation outlining this contractual information at the latest when your order is validated.
Information contained in our advertising, brochures or any other written materials on our websites or given to you by our agents or employees constitutes an invitation to treat. None of this information constitutes a contractual commitment by us in whatever way.
When placing your order, you must confirm same: after having selected the products added to your shopping cart, you must check and possibly correct the content of your shopping cart (i.e. in particular: identification and quantity of selected products, corresponding price, delivery conditions and costs), before validating it, accepting these General Conditions of Sale by clicking on the “Submit the order” button and confirming acceptance of your order.
Further to placing your order, NEXELEC will acknowledge receipt by sending an order confirmation email including the summary of your order and the order number. NEXELEC reserves the right not to validate your order for legitimate cause, in particular if:
• it does not comply with these General Conditions of Sale
• any of your previous orders has not been fully paid for at the due date
• a dispute relating to the payment of one of your previous orders is being processed
• there is reliable and consistent evidence that suggest fraud on your order.
You represent that you have read and accepted these general conditions of sale before placing your order.
The validation or your order therefore constitutes acceptance of these general conditions of sale.
Except in case of proof to the contrary, the information recorded by NEXELEC constitutes proof of all transactions between NEXELEC and its customers.
The order confirmation email is sent to the email address that you provided upon placing your order.
Note: If you don’t receive the order confirmation email, please contact our Customer Service Department by email sent to: firstname.lastname@example.org
The prices of our products are quoted in Euros including tax (VAT and other taxes) to which delivery costs in Metropolitan France must be added.
NEXELEC reserves the right to change its prices at any time, however products will be invoiced based on the rates in force when your order is validated.
Products remain the property of NEXELEC until full payment of the price.
NEXELEC offers payment methods by bank card only. The accepted bank cards are those accepted on SYSTEMPAY (e-commerce payment platform) on behalf of the Natixis banking network.
Default of payment
NEXELEC reserves the right to decline to deliver or fulfil an order for any legitimate reason in particular if:
• one of your previous orders has not been fully paid for at the due date;
• a dispute relating to the payment of one of your previous orders is still being processed.
NEXELEC controls all orders that have been validated on our Site. In connection with these procedures, our services may request from you any documents required for unblocking your order.
Shipping and delivery
These conditions only relate to purchases made by purchasers located in France. Whenever the shipping address supplied is located outside of Metropolitan France, the Order will not be accepted and the products will not be delivered.
The products are delivered to the delivery address that you provide during the order process, at the latest by the delivery deadline stated upon placing the order. The delivery deadline corresponds to the shipping time in addition to the order processing and routing time.
When you order several products at the same time and these have different delivery dates, the delivery date of the order is based on the most remote date.
However, NEXELEC reserves the possibility to split shipments. In this case, processing and shipping fees will only be invoiced once.
The ownership and risks relating to your products will be transferred upon delivery of the products.
In the event of late shipment, you will be sent an email informing you of a possible consequence on the initially scheduled delivery deadline. In the event of late delivery, we will propose another delivery date by email.
In any case, pursuant to legal provisions, in the event of late delivery, you are entitled, after being proposed a new delivery date within a reasonable timeframe, to cancel your order by registered letter with acknowledgement of receipt or on another durable medium if NEXELEC has not delivered the goods within this new timeframe. Your order will be cancelled upon receipt by NEXELEC of your letter or other written document informing us of your desire to do so.
In this case, we will refund the amounts paid within 14 days following the date at which the contract was terminated. If you receive the product after we have received your cancellation letter, you must apply the Return Procedure.
You should also track the progress of your order on a regular basis and contact the customer services department with any questions or in the event of any problems.
You must notify the carrier and NEXELEC of any reservations on the delivered product (for example: damaged package, package already opened, etc.).
In the event of malfunction upon unpacking the product or if the package delivered is damaged, you can contact the Customer Services Department within 10 days to have the product exchanged or to receive the refund provided for in this article, depending on the cases defined below.
NEXELEC may not be held liable for breach of contract, if such breach is due to a force majeure event.
Where products were purchased to fulfil professional requirements, NEXELEC shall incur no liability for any consequential damage resulting from these conditions, and in particular, business interruption, loss of profits, damages or expenses that could arise.
Right of withdrawal
Pursuant to legal provisions in force, you have a period of 14 days as from receipt of your products to exercise your right of withdrawal with NEXELEC without having to provide reasons or paying a penalty. To this end, you must send the duly completed withdrawal form provided below to NEXELEC or any other clearly worded statement by registered letter with acknowledgement of receipt.
Should you exercise the right of withdrawal within the aforementioned time period, we will refund the product and the cost of initial and return shipping within 14 days of receiving the information of your decision to withdraw and at the latest on the date of recovery of the goods.
If you have received the products before exercising your right of withdrawal, you must apply the Return Procedure.
You must return your products whole and complete (accessories, instruction manual, etc.) along with a copy of the purchase invoice, no later than 14 days following the transmission of your decision to withdraw or cancel.
You should contact the Customer Services Department before making any returns by email sent to the following address: email@example.com
NEXELEC offers a contractual warranty of the INSAFE and INSAFE+ “Smoke Detection and Alarm Devices” on the EU territory, covering the features for which the devices were designed, in accordance with Regulation EC292 and applicable European Directives, for a period of 5 years as from the date of purchase.
This warranty does not cover damage caused to the detector due to voluntary fire, negligence, poor or inappropriate storage conditions, mishandling, improper fastening, incorrect use, lack of maintenance (refer to the User Manual), disassembly, modification, failure to comply with the precautions of use of the smoke detector recommended in the user manual.
This warranty does not apply to damage caused by the use of incorrect mounting means or failure to comply with the mounting process or faulty mounting operations. Since many factors may influence the mounting quality of the detector, only the user is able to control the risks inherent to mounting the detector, as these factors are unpredictable and depend on the residence. The malfunction or failure of the detector to operate due to contamination by dust and/or by insects despite maintenance that complies with this manual is considered as normal wear of the device and cannot be covered by the warranty as it is unpredictable and depends on the residence. The warranty is not an insurance policy. This warranty is a complement to your legal warranties of conformity and those relating to defects of the things sold. If the product is found to be defective, the application of the warranty under the conditions mentioned in the user manual will result in the repair or replacement of the defective detector.
Article 211-16 of the French Consumption Code: Whenever the purchaser, during the commercial warranty period that was granted upon purchase or repair of an article, requests that the purchaser provide repair covered by the warranty, any downtime of at least seven days shall be added to the remaining warranty period. This period shall run as from the service call made by the purchaser or the provision of the product for repair, if said provision takes place after the request for service.
Article L211-4 of the French Consumption Code: The seller shall deliver goods in conformity with the contract and shall be held liable for any lack of conformity found upon delivery. It shall also be held liable for any lack of conformity resulting from the packaging, instructions for assembly or installation when these have been made its responsibility by the contract or have been performed under its responsibility.
Article L211-5 of the French Consumption Code: To comply with the contract, the product must:
• Be fit for the purpose usually expected of a similar product and where applicable:
• Match the description given by the seller and possess the qualities that have been presented to the purchaser as a sample or a model
• Display the features that a purchaser might reasonably expect given the public statements made by the seller, the producer or its representative, particularly in advertising or labelling
• Have the properties defined by mutual agreement by the parties or be suitable for any particular purpose of which the purchaser had informed the seller and which the latter had accepted.
The purchaser is informed that:
Article L211-12 of the French Consumption Code: The action stemming from the lack of conformity is time-barred by 2 years as from delivery of the article.
• Any lack of conformity that appears within a time period of six months as from delivery of the article is assumed to have existed at the time of delivery, unless otherwise proved. This timeframe is increased to 24 months as from 24 March 2016, except for used items.
• In the event of a lack of conformity, the purchaser is entitled to choose between repair and replacement of the article, subject to the conditions of cost which may lead the seller, pursuant to Article 211-9 of the French Consumption Code, not to proceed according to the purchaser’s wishes.
• the legal warranty of compliance shall apply regardless of the contractual warranty mentioned above.
Article 1641 of the French Civil Code: A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the purchaser would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 subsection 1 of the French Civil Code: The action resulting from latent defects must be brought by the purchaser within 2 years following the discovery of the defect. If the purchaser decides to implement said action, he may choose between terminating the sale or a price reduction pursuant to Article 1644 of the French Civil Code.
Product refunds in the cases of the Delivery, Right of Withdrawal and Contractual Warranty paragraphs shall be made within the timeframe stipulated in the relevant paragraphs.
Refunds will only be made via the bank card used by the customer at the time of the order. You may not select another method of refund than that used for the initial purchase.
No return for cash and delivery will be accepted for any reason.
Customer Service Department
Our Customer Service Department is available for any information request or question relating to your order or its follow-up, to exercise your right of withdrawal or to apply the warranty. You can contact our Customer Services Department in writing:
• By email sent to: firstname.lastname@example.org
• By letter sent to: NEXELEC – SAV - 67, Cours Mirabeau - 13100 Aix en Provence, France
In order to optimise the processing of your request, please state in your letter your surname, forename, email address with which you placed your order and the number of the relevant order.
Please contact our Customer Services Department before any return.
Banking data and online payment security
Under no circumstances does NEXELEC keep your bank card details.
For your security, your banking information does not transit through the online Store but only the secure e-business SYSTEMPAY payment platform of the Natixis Banking network.
Personal data is collected in a personal data file of customers-prospective customers and online sale folders (Simplified standard No. 48).
Physical security measures (security of the premises), logical security measures (security of the information systems) and security measures suited to the nature of the data and the risks represented by processing are adopted by NEXELEC.
Only authorised persons can access the personal data contained in the personal data folder. These persons are the recipients explicitly appointed to regularly obtain communication and “authorised third parties” with the capacity to occasionally receive this information for due reasons (e.g.: police, tax authorities).
The information processed in the personal data file is consistent with its purpose. The information is not reused in any way that is not compatible with the purpose for which it was collected.
Personal data has a use-by date.
Language of the contract
These general conditions are drawn up in French which shall in any case be considered as the sole contract language.
In the event of conflict with translated versions, the French version shall prevail.
Applicable Law – Allocation of jurisdiction
These general conditions are subject to French Law.
In the event of dispute, French Courts shall have jurisdiction.
THE DISPUTE SHALL BE BROUGHT BEFORE THE FRENCH COURT WITH JURISDICTION.
Updated by the NEXELEC Legal Department on 05/10/15
For the attention of SAS NEXELEC, 67 cours Mirabeau 13100 Aix-en-Provence, France email@example.com
I hereby notify you of my withdrawal from the contract relating to the sale of one (or more) smoke detector(s) below:
Ordered on: .....
Received on: .....
Purchaser’s name: .....
Purchaser’s address: .....
Signature of the purchaser…. (Only in the event of notification on this hardcopy form)