Terms and Conditions
The online store PRO-COMMERCES.COM was established by the company PRO-COMMERCES which is the operator of this site. Any order under a product appearing in the online store PRO-COMMERCES.COM requires prior consultation of these general conditions. As a result, the consumer is fully aware that its agreement on the content of these conditions does not require the signature of this document, to the extent that the customer wishes to order online the products presented in the shop Web Site. The consumer has the option to save or print these terms and conditions, provided that both the saving and editing of this document are the sole responsibility. The online shop set up by the company PRO-COMMERCES lists the following informations:
Disclaimer wich presents the company PRO-COMMERCES
The essential features of the goods offered
Indicate in Euro the price of the goods, and, where appropriate, the costs of delivery
The conditions of payment, delivery or performance
The existence of a right of withdrawal
The validity of the offer or the price
All this information is presented in 5 languages : french, english, spanish, italian and deutsch. The consumer states have full legal capacity to engage under these terms and conditions
Article 1: Entirety
These terms represent all obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions contained in these terms and conditions. No general or specific in documents sent or given by the consumer may be incorporated herein, since these documents are inconsistent with these terms and conditions.
Article 2: Subject
These terms are intended to define the rights and obligations of the parties under the online sale of goods and services offered by the company PRO-COMMERCES to the customer.
Article 3: Contractual Documents
This contract contains the following contractual documents, presented in descending order: these terms, the purchase order. In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document of a higher precedence.
Article 4: Entry into force - Period
These conditions come into force on the date of signature of the order form. These conditions are concluded for the duration necessary for the provision of goods and services purchased, until the expiry of the guarantees owed by the company PRO-COMMERCES.
Article 5: Electronic signature
The "double click" of the consumer on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be a way of e-mail confirmation at the latest at the time of delivery or otherwise, to the address specified by the customer in the order form.
Article 7: Proof of the transaction
The records stored in computer systems company PRO-COMMERCES in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
Article 8: Product Information
8-a: PRO-COMMERCES has on its website to sell products with the characteristics required to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking final order the essential characteristics of the products they wish to buy.
8-b: Offers presented by PRO-COMMERCES are valid only within the limits of available stocks.
Article 9: Price
Prices are quoted in euros and are valid as of the date of dispatch of the order by the consumer. They do not include delivery charges, billed at cost, and indicated before the validation of the order. Depending on the delivery location and customer status (professional or personal), PRO-COMMERCES automatically calculates VAT. The prices include the VAT applicable on the date of the order and any change in the applicable VAT rate will be reflected on the prices of the online store. Payment of the full price must be made when ordering. At no time, payments can not be considered as a deposit or deposits.
Article 10: Payment
To set the order, the consumer has, at its option, of all modes of payment specified in the order. The consumer provides the company PRO-COMMERCES that it has the required permission to use the method of payment chosen by him, during the validation of the order. PRO-COMMERCES reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card the officially accredited or in the event of nonpayment. PRO-COMMERCES specifically reserves the right to refuse to make a delivery or an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is being administration. For professionals, a minimum flat-rate indemnity of 40 euros for collection costs will be due (Decree 2012-1115 of 9 October 2012).
The customer can view the catalog price in its own currency by clicking on the symbol of its currency at the top of the website home page. However, payments are made in Euros and any exchange fees may apply if the customer makes a bank transfer with a different currency than the Euro. These fees are the responsibility of the customer.
Article 11: Availability of products
The order will be executed no later than within three days from the day after the consumer placed his order. In case of unavailability of the product ordered, especially because of our suppliers, the consumer will be informed at the earliest and will be able to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days before their payment, or exchange the product.
Article 12: Delivery
The products are delivered to the address specified by the customer on the order form. The consumer is responsible for checking the condition of the packaging of the goods upon delivery and report any damage to the carrier on the delivery and PRO-COMMERCES, within 2 working days . The consumer may, upon request, obtain sending an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the order option. Regarding shipping, we mainly work with Colissimo. When we do a mailing, you will immediately receive an email informing you.
To minimize transportation costs, all small and medium size products are shipped by postal service Colissimo. Besides being economical, this service delivers in 48 hours across France and offers the possibility of recovering the goods ordered at your local post office near the delivery address if no place of delivery at the presentation of the factor. Specifically, if you are absent the day of delivery, your postman will leave a notice in your mailbox, allowing you to collect your parcel at your post office during business hours, within 15 days. Colissimo is a very reliable service. However, it may be, as in any expedition, there may be a delay in delivery or the product gets lost. In case of late delivery from the date we have told you in the mail from, we ask you to report the delay in sending us an email. We then contacted the Post to start investigation. A Post investigation may take up to 21 days from the date of begining of the investigation. If during this period, the product is found, it will immediately re-routed to your home (in most cases). But if the product is not found at the end of 21 days of investigation, the Post considers the package as lost. It is only then that we can send you a replacement at our expense. If the ordered products were not available at that time, we will refund the amount of products affected by the loss of carrier. If the products were still available, but have changed their selling prices on the site, we apply the new sales price, or by paying by check for the difference, or by requesting a check for the price difference. We disclaim any responsibility for the longer delivery times because of carrier, especially in case of loss of products or strike.
Article 13: Delivery problems due to carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken product ...) must be indicated on the delivery form of "handwritten reserves", accompanied by the signature of the customer. The consumer must confirm this problem by sending the carrier within two business days following the date of delivery with acknowledgment of receipt letter stating the said claims. The consumer must send a copy of this letter by fax or mail to:
2 rue Professeur Joseph Renaut
69008 LYON / FRANCE
Article 14: Delivery errors
14-a: The consumer must alert PRO-COMMERCES on the day of delivery or later than the first business day after delivery, any claim of error of delivery and / or non-conformity of goods in kind or as compared to the instructions on the order form. Any claim made after this time will be rejected.
14-b: The formulation of this claim with PRO-COMMERCES can be made by logging on to our site in order tracking, or by contacting us by email specifying your customer number and order reference.
14-c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release PRO-COMMERCES any responsibility towards the consumer.
14-d: Upon receipt of the complaint, the company PRO-COMMERCES assign a number of exchange of the product (s) concerned (s) and communicate via email, fax or telephone to consumers. The exchange of a product can take place only after the allocation to the consumer of a number of exchange that the approach outlined above.
14th: In case of error of delivery or exchange any product for exchange or refund must be returned to the company PRO-COMMERCES in its entirety and in its original packaging to following address:
2 rue Professeur Joseph Renaut
69008 LYON / FRANCE
To be accepted, any return will be reported to the PRO-COMMERCES Customer Service.
Shipping fees are the responsibility of PRO-COMMERCES, except in cases where it would prove that the product does not match the original declaration made by the consumer in the back.
Article 15: Product Warranty
Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the seller to guarantee against all the consequences of latent defects of the thing sold . The consumer is expressly informed that the company PRO-COMMERCES is not the manufacturer of the products featured in the website within the meaning of the law n ° 98-389 of 19 May 1998 concerning liability for defective products defective. Accordingly, in case of damage to a person or property by a defective product, the sole responsibility of the producer of the latter may be sought by the consumer, based on information provided on the packaging of the product. Given the frequency of renewal of components of technical products, PRO-COMMERCES may, upon request, inform the consumer of the availability of spare parts of products offered and how to possibly get.
All products have a warranty of one year. Some manufacturers extend the warranty period of the product, which is then applied directly to the brand beyond the first year.
Article 16: Order Cancellation
No order cancellation will be accepted without the agreement of PRO-COMMERCES. Though, if the buyer cancels the order, taking into account the cancellation will result in compensation at 10% of the total amount of the order and the acquisition of deposits paid.
Article 17: Right of withdrawal
The consumer has a period of 14 working days to return, at its expense, the products that do not suit him. This period starts from the date of delivery of the customer's order. If the deadline falls on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day. All returns must be reported prior to the PRO-COMMERCES Customer Service by logging on to our website in the following order after entering your customer number, you can get your order number. The product must be returned to PRO-COMMERCES, 2 rue Professeur Joseph Renaut 69008 LYON / FRANCE.
We will only accept products returned in their entirety, in their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is without penalty, except the cost of return. Assuming the exercise of the right of withdrawal, the consumer has the option of requesting either a refund of monies paid, or exchange the product. In the case of an exchange, the re-shipment will be at the expense of consumers.
Upon exercise of the right of withdrawal, PRO-COMMERCES will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, especially when the product needs a technical audit (see products to be tested in advance).
The customer will then be refunded by crediting his bank account (secure transaction) if paid by credit card or check in other cases.
Article 18: Rights of Use
The right to use the company's software PRO-COMMERCES and those distributed by it shall be given to consumers in a non-exclusive, personal and non-transferable in accordance with the Code of Intellectual Property. However, under Article L122-6-1 of the Code, the consumer has the right to reproduce exclusively for the establishment of a backup, when it is necessary to preserve the use of software. In any case, the software author retains ownership of his work, the consumer agrees to comply.
Article 19: Special Cases
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or special case. Be considered fortuitous event or special case any compelling facts or circumstances, outside parties, unpredictable, unpreventable, independent of the will of the parties and can not be prevented by them, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware. Both parties will then, within one month, unless unable due to special case, to examine the impact of the event and agree the conditions under which the contract will be continued. If the special case lasts for more than three months, these terms may be terminated by the aggrieved party. Explicitly, are considered special case or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and the French courts: the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, stop telecommunication networks or network-specific external telecommunications clients difficulties.
Article 20: No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 21: No Waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations contained in these Terms shall be construed in the future as a waiver of the requirement in question.
Article 22: Title
In case of difficulty in interpreting any of the titles at the head of the clauses, and one of the clauses, the titles will be declared nonexistent.
Article 23: Applicable Law
These terms and conditions are subject to French law. This is for the fund rules as to the rules of form. In case of dispute or claim, the consumer will apply primarily to PRO-COMMERCES for an amicable solution. Otherwise the courts will have exclusive jurisdiction of Lyon/France whatever the place of delivery and payment methods accepted.
Article 24 Data Protection
The information requested from the consumer is required to process the order and may be disclosed to contractors of PRO-COMMERCES involved in the execution of this command. The consumer can write to the company PRO-COMMERCES whose coordinates are within the terms and conditions contained within the website, to oppose such disclosure or to exercise their rights of access, rectification against information concerning and contained in the files of PRO-COMMERCES, as provided by the Act of 6 January 1978.
Article 25: Delivery and Returns
For more informations about Delivery & Returns : Please click here.