At June 1, 2010 Governed by Article L441-6 of the Commercial Code and in accordance with Article L111-1 of the Consumer Code
ARTICLE 1: APPLICATION OF THE CONDITIONS
The Seller is defined below as being TESSITEX, site published by the company TESSITEX. The Buyer is defined below as any natural or legal person, company, company, association, individuals using the site TESSITEX.COM signatory and accepting these general conditions of sale. The general conditions of sale apply exclusively to all sales concluded by TESSITEX both for its own account and for that of its principals. All other conditions are only binding on the Seller after written confirmation from him. The information given on the TESSITEX site for catalogues, photographs, price lists, notes, etc. are given for information purposes only and may, as such, be modified by the Seller without notice. The mere fact of placing an order or accepting an offer from the Seller implies unreserved acceptance of these general conditions of sale. The present general conditions of sale can be modified at any time and without notice by TESSITEX, the modifications being then applicable to all subsequent orders. TESSITEX can be brought to modify punctually certain provisions of its general conditions of sale, so we imperatively advise the Purchaser that these are reread before each validation of order. The Buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale, does not require the handwritten or electronic signature of this document, insofar as the Buyer wishes to order the products presented within the framework of the online shop TESSITEX. The Buyer is deemed to accept without reservation all the provisions set out in these general conditions of sale.
ARTICLE 2 : ORDERS
Offers are valid within the limits of stocks available from our suppliers. In the event of an estimate, the offer will remain valid for seven clear days unless otherwise stipulated on the offer. French is the only language proposed for the conclusion of the order. We take the greatest care in putting on line essential information and characteristics on the products thanks in particular to the technical descriptions of the photographs illustrating the products. The information and photographs contained on the site are not contractual and may contain errors. 2-1 : DESCRIPTION OF PRODUCTS The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its particularities. The photographs illustrating, in support of the text, the products do not enter the contractual field. If errors are introduced there, in no case the responsibility for TESSITEX could not be committed. The detailed product sheet is the only contractual source. Our suppliers may change the technical composition of the products without notice. TESSITEX is at any time entitled to update, improve its technical data sheets or withdraw its products and/or peripheral products from sale.
2-2 : PRODUCT AVAILABILITY
In case of unavailability of an ordered product, TESSITEX can provide a product of an equivalent quality and price. Our offers are valid subject to availability at our suppliers. We undertake to inform you by email within eight clear days and to indicate a waiting period for receipt of this product if available after placing your order. In case of partial unavailability of products, TESSITEX may have to split the order. This way available products can be sent when all other products are available. In case of unavailability of an ordered product, in particular because of our suppliers, the Buyer will be informed as soon as possible and will have the possibility to cancel his order. The Buyer will then have the choice to ask for the refund of the sums paid within 30 days at the latest of their payment, by check, or to wait for the availability and the delivery of the products.
2-3 : STEPS TO CONCLUDE THE ORDER
At the time of the first order on TESSITEX any new Buyer will have to create a "customer account". An identifier or "login" and a password of at least six alphanumeric characters will be required. During each order validation, you will be directed to your account via a secure connection recalling the contents of your order. Your order will be definitively recorded only after information of the various information and final validation. When you register the order by selecting a payment method, the sale is deemed concluded. The Buyer's validation under the order constitutes an electronic signature which has the value, between the parties, of a handwritten signature. Act No. 2000-230 of 13 March 2000 adapting the law of evidence to information technology and relating to electronic signatures, article 1316-1 of the Civil Code, relating to electronic signatures. TESSITEX reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order.
2-4 : CANCELLATION OF THE ORDER
The order placed on our TESSITEX site is automatically cancelled if payment is not received within 8 clear days. From the moment when the Buyer has validated his order, he is considered as having knowingly accepted and adhered without restrictions or reservations to these general conditions of sale. Prices, volumes and quantities of products offered for sale and ordered. The Buyer's order must be confirmed by TESSITEX by sending an email. The sale will not be considered final after sending this email confirmation and receipt of the full price. TESSITEX recommends that the Purchaser keeps this information on a paper or electronic document.
ARTICLE 3 : PRICE
The prices appearing on the TESSITEX site are indicated in euro ( €), excluding delivery costs and possible technical costs which will be indicated before the validation of the order. The prices appearing on your order after its validation and its recording are firm and final. If prices drop after your order, we will not be able to compensate you for the difference. If prices increase, we undertake to deliver to you at the price fixed on the day of the order. Prices are expressed inclusive of VAT. The payment of the totality of the price must be realized at the time of the order. At no time may the sums paid be considered as a deposit or advance payments. The collection of the total amount of the order will be made at the time of validation of the order or in case of payment by check or transfer, upon receipt.
ARTICLE 4: DELIVERY
The products are delivered to the address indicated by the Buyer with the order. It must verify the completeness and compliance of the information it has provided. Our delivery times are indicated in working days as an indication and are to be considered once the order has been validated. A delay in delivery can in no case give right to any compensation or penalty whatsoever. We invite you to report any delay in delivery of more than seven days to allow us to start an investigation with the carrier. Investigation times can vary from one to three weeks, depending on the carrier. If during the investigation period, the package is found, it will be immediately forwarded to your place of delivery. During this investigation period, no refunds, credit notes or returns of replacement goods can be made. By express agreement, a case of force majeure preventing delivery may not be attributable to TESSITEX. Are considered as force majeure or exceptional events by law the LOCK-OUT, strike, total or partial work stoppage at TESSITEX or at its suppliers or service providers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, etc. the Seller is released from all responsibilities for delivery. The Seller will keep the Buyer informed in due course of the cases and events listed above. In all cases, timely delivery can only take place if the Buyer is up to date with his obligations towards the Seller, whatever the cause.
ARTICLE 5: TRANSPORT
Unless expressly agreed otherwise, TESSITEX shall be free to choose the carrier. TESSITEX bears the risks linked to the transport until delivery, i.e. until the physical delivery of the goods to the consignee indicated at the time of the order or to his representative who accepts it, provided that the Buyer checks the goods upon receipt in the presence of the carrier and means, if necessary, in writing on the transport order or consignment note, the reservations observed according to the procedure below. By exception, the risks and dangers of the transport, in particular loss, deterioration or theft, are the responsibility of the Purchaser if this one is a professional. You must refuse delivery if the package or merchandise is damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, you must make precise and detailed written reservations on the transport voucher or consignment note of the carrier in his presence or of his employee (The reservations of the style "subject to control at unpacking" have no value). You must then send the carrier a registered letter with acknowledgement of receipt containing the reservations within three clear days of delivery. To help you in these steps, we invite you to contact us via the page info@TESSITEX.com. Goods accepted without reservation by the Buyer at the time of delivery and/or failing a letter sent to the carrier within three clear days, are deemed to have arrived in good condition and in its entirety. No complaint can be taken in charge by TESSITEX and its responsibility could not be committed. For any question or difficulty you may encounter, we invite you to contact us via our contact page.
ARTICLE 6: CLAIMS, GUARANTEES, RETURNS
For any complaint, we invite you to contact us by visiting the contact page of our site. Any complaints relating to a defect in the goods delivered, an inaccuracy in the quantities or their erroneous references in relation to the accepted offer or the confirmation of the order by the Seller, must be made to the Seller by registered mail with acknowledgement of receipt within 48 hours of receipt of the goods, without neglecting if necessary and in accordance with article 5 of these general conditions of sale, recourse against the carrier failing which the Buyer's right of complaint shall cease to be acquired. Any return of merchandise requires the prior agreement of TESSITEX which can be obtained via the contact page. In the absence of agreement of return, the goods will be returned to you, with your expenses, risks and dangers, all expenses of transport, storage, handling being with your load. After obtaining the return agreement, the Buyer has five clear days to return the defective goods to TESSITEX. Goods must be returned with a copy of the invoice. Any defective product must be returned in its original packaging, include all the product and its accessories along with all documents, warranty card (not completed), instructions, etc.. Any incomplete, damaged or damaged products and/or the original packaging will have been damaged, will not be taken back, exchanged or refunded. In accordance with Article 4 of Decree No. 78-464 of 24 March 1978 pursuant to Article 35 of Act 78-23 of 10 January 1978 on the fight against unfair terms on the protection and information of consumers of products and services the provisions hereof may not deprive the Buyer of the legal warranty that obliges the Seller to guarantee against the consequences of latent defects in the thing sold. The Buyer is expressly informed that TESSITEX is not the producer of the products presented on its site, within the meaning of Law L98-389 of 19 May 1998 relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the manufacturer of the product may be held liable by the Buyer. The goods that we market as resellers follow the manufacturer's warranty regime which we undertake to respect after agreement of the latter. The fact of a complaint does not release the Buyer from his obligations to pay the invoice within the agreed time. The refund or the possible credits are established with reception of the goods whose litigation was duly noted and accepted by TESSITEX The expenses incurred for the return of the goods for some reasons that it is with the exclusive load of the Purchaser. No return postage due will be accepted. The products made according to the specifications of the purchaser or personalized, marking, drawing, embroidery or any goods falling within the framework of the article L121-20-2 modified by the order n°2005-648 of June 6, 2005 - art. 1 JORF June 7, 2005 in force on December 1, 2005 of the Code of the consumption, will neither be taken again, nor exchanged nor refunded. No claim can give right to any compensation or penalty whatsoever.
ARTICLE 7 OPTION OF RETRACTATION, RESERVED FOR INDIVIDUALS
Under the conditions provided by Articles L121-20 and following, amended by Law No. 2005-841 of 26 July 2005 - Art. 3 JORF 27 July 2005 of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of seven clear days. The aforementioned period shall run from the date of receipt for the goods or acceptance of the offer for the provision of services. Where the seven-day period expires on a Saturday, Sunday or public or non-working day, it shall be extended until the first following working day. The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization which can be obtained free of charge via the contact page of our site. The goods are returned at the Buyer's expense and risk. However, it should be noted that the right of withdrawal may in no case be exercised for products defined under Article L121-20-2 amended by Order No. 2005-648 of 6 June 2005 - Article 1 JORF 7 June 2005 in force on 1 December 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of the costs of returns, as indicated above. In the hypothesis of the exercise of the right of retraction, the Purchaser has the choice to ask either for the refunding of the paid sums, or the exchange of the products. In the case of an exchange, the return will be at the Buyer's expense. In case of exercise of the right of withdrawal TESSITEX will make every effort to refund the Buyer within 15 days by check. No right of withdrawal can give right to any compensation or penalty whatsoever. The faculty of retraction is exclusively reserved to the private individuals, it could not apply in any case to a professional or to a holder of a SIREN Number, in accordance with the law in force.
ARTICLE 8: RESERVATION OF TITLE
Pursuant to Law No. 80-335 of 12 May 1980 relating to the effects of retention of title clauses in sales contracts, goods delivered and invoiced to the Buyer shall remain the property of TESSITEX until full payment of their price. Failure to pay may result in the goods being claimed by TESSITEX, the return being immediate and the goods delivered at the Buyer's expense and risk. During the period running from delivery to transfer of ownership, the risks of loss, theft or destruction, as well as any damage that the Buyer may cause remain at his expense. The Buyer undertakes, in the event of legal redress proceedings affecting his company, to participate actively in the establishment of an inventory of the goods in his stocks and for which the Seller claims ownership. Failing this, the Seller shall be entitled to have the inventory recorded by a bailiff at the Buyer's expense. The seller may prohibit the buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is the Buyer's responsibility to assign the claim to us and if payments on these claims are made, they must be forwarded to us for acceptance. To guarantee the payments not yet made and in particular the balance of the Buyer's account in the Seller's records, it is expressly stipulated that the right relating to the delivered but unpaid goods shall refer to the identical goods from the Seller in stock at the Buyer, without it being necessary to charge the payments to a particular sale or delivery.
ARTICLE 9: RESOLUTIVE CLAUSE
In the event of non-compliance with one of the Buyer's obligations by the latter, the sale may be terminated by operation of law and the goods returned to the Seller if he sees fit, without prejudice to any damages that the Seller may claim against the Buyer, under a period of 48 hours after the formal notice returned without effect. In this case, the Seller is entitled to claim from the Buyer a fixed compensation of 10% of the amount of the sale.
ARTICLE 10: PAYMENT
Any payment made to TESSITEX cannot be considered as a deposit or a deposit. 10.1 : METHODS OF PAYMENT Payments must be made in such a way that the Seller can dispose of the sums on the due date shown on the invoice. The payment is made, except particular stipulations on the TESSITEX site or granted to the companies after study of their file, with the order: - By bank card (with a validity of at least one month for a cash payment and six months in case of split payment). The input of banking information is done via a secure server to ensure the security and confidentiality of information provided during the banking transaction.
ARTICLE 11: SUPPORTING DOCUMENTS
For reasons of fraud limitations, TESSITEX reserves the right to accept an order to ask you to prove your identity and place of residence, and the means of payment used. In this case, your order will be processed as soon as we receive these documents. We reserve the right to cancel your order if we do not receive these documents or if we do not receive documents deemed to be in conformity.
ARTICLE 12: INTELLECTUAL PROPERTY
All elements of the TESSITEX site, whether visual or sound, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of TESSITEX. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited, without the prior written consent of TESSITEX. Any reproduction, even partial, of the elements of the site TESSITEX without the written agreement of our part is prohibited, in accordance with the law n° 57-298 of March 11, 1957 on the literary and artistic property and Modified by the law n°2009-669 of June 12, 2009 - art. 21 of the Code of the intellectual property. Except in the cases provided for by Article L122-5 of the said Code and would constitute an infringement punishable by the Criminal Code.
ARTICLE 13: DATA PROCESSING AND FREEDOMS
The information requested from the Purchaser is necessary for the processing of his order and may be communicated to TESSITEX's contractual partner suppliers involved in the execution of this order. Through us, you may receive commercial proposals from other partner companies. If you do not wish to receive them, simply contact us on our contact page, to oppose such communication, or to exercise your rights with regard to the information concerning you and appearing in the files of TESSITEX. In application of the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, consolidated version on May 14, 2009, you have rights of opposition (article 26), rights of access (articles 34 to 38) and rights of rectification (article 36) of the data concerning you. Thus, you can demand that information concerning you that is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited be rectified, completed, clarified, updated or deleted. If you wish to use this right, simply write to us on our contact page.
ARTICLE 14: COMPUTER PROBLEMS
The purchaser knows the characteristics of the Internet computer network and in particular the possibility of interruption of connection, server failures, electrical or other problems (the list not being restrictive) TESSITEX cannot be held responsible for the consequences of such events and will be released from any obligation towards the purchaser. No claim can give right to any compensation or penalty whatsoever.
ARTICLE 15: PARTIAL NON-VALIDATION
If one or more provisions of these general conditions of sale are held to be invalid or declared such pursuant to a law, decree, regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
ARTICLE 16: APPLICABLE LAW
The present general conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. TESSITEX's records and computer files will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. All disputes relating to the formation, performance and termination of contractual obligations between the parties not giving rise to an amicable settlement will be submitted to the French courts. The fact for TESSITEX not to avail itself at a given moment of one of the clauses of the present general conditions of sale, cannot be worth denunciation to avail itself later of these same clauses.
ARTICLE 17: JURISDICTION CLAUSE
For all disputes and disputes, whatever their nature or cause, only the courts of Aix en Provence shall have jurisdiction, even in the event of summary proceedings, appeals in warranty or multiple defenders. Acceptances, drafts, mandates, conditions of carriage bring neither novations, nor derogation to this clause.