Terms and Conditions of Sale

These terms and conditions of sale have been agreed between, on the one hand, the company BBM équipement, with a capital of €9,500 euros and head office in Montigny les Metz, registered in the Trade and Companies Register of Metz under number 789 518 206, hereinafter "BBM équipement", and, on the other hand, any individual or company wishing to make a purchase via the website « bbm-equipement.com » , hereinafter "the buyer".

Purpose

These terms and conditions of sale define the contractual relations between BBM équipement and the buyer. They set forth the conditions applicable to any purchase made through the retail website bbm-equipement.com, whether the buyer is a company or an individual. Through the purchase of any product via this site, the buyer fully accepts these terms and conditions of sale. The buyer declares to be of legal age or to have parental permission, and to possess the legal capacity to place an order on the website bbm-equipement.com. These terms and conditions of sale shall prevail over any other general or specific terms and conditions that have not been expressly approved by BBM équipement. BBM équipement reserves the right to modify its terms and conditions of sale at any time. In this case, the terms and conditions in force on the date the order is placed by the buyer shall apply.

Product characteristics

Catalogue

The products available are those displayed in the catalogue published on the BBM équipement website. They are limited to the stock available. In the event the product is out of stock, the time it takes for new stock to arrive may vary depending on the products and suppliers involved. As far as possible, orders will be processed individually. Each item is accompanied by a product description.

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Images

The images provided in the catalogue are as representative as possible, however may not be identical to the product received, particularly in terms of colours. top Prices VAT Prices in the catalogue are given in EUR and include tax, with the VAT rate applicable on the day the order is placed; any rate change may affect product prices.

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Prices

VAT

Prices in the catalogue are given in EUR and include tax, with the VAT rate applicable on the day the order is placed; any rate change may affect product prices.

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Price modification

BBM équipement reserves the right to modify its prices at any time; the price given in the catalogue on the day the order is placed shall be the only price applicable to the buyer.

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Processing costs

The prices given include order processing costs within the geographic areas indicated subsequently.

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Delivery costs

Delivery costs are added to the product price and may vary depending on geographic location.

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Geographic area

European Union

The on-line sale of products displayed on the site is reserved for buyers residing in any European Union country and for deliveries within this geographic area.

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Other countries

The on-line sale of products displayed on the site is also reserved for buyers residing in Switzerland, in French overseas departments and territories and Monaco and for deliveries within these areas.

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Orders

Information sheet

The buyer must complete the identification sheet, providing all details requested or their client number, if applicable.

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Purchase order

The buyer must complete the on-line purchase order, giving all references of the products selected.

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Validation

The buyer must validate the order having verifying it.

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Payment

The buyer must make the required payment in accordance with the corresponding conditions.

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Confirmation

Order confirmation entails the acceptance of these terms and conditions of sale, the acknowledgement of their understanding and the waiver of any other terms and conditions. All data provided and the confirmation shall serve as proof of the transaction. Confirmation shall equate to signing and accepting the transactions. The seller shall provide confirmation of the order placed by email.

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Cancellation

Period

Buyers, private individuals, shall have seven days to cancel from the delivery of their order.

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Exchange or refund

Buyers may return the product to the seller for exchange or refund without incurring any penalty, other than the cost of returning the goods.

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Refund conditions

Only products returned in full, in perfect conditions, in their original packaging and with a returns number shall be accepted. Otherwise, the return will be deemed to have failed to comply with the provisions of these terms and conditions and shall not be refunded by BBM équipement.

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Payment methods

Payment

Payment shall be made at the time the order is placed.

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Secure payment

Payments shall be made by cheque, Paypal or debit/credit card. A secure system is used for debit/credit card payments, employing SSL (Secure Socket Layer) protocol whereby the data transferred is encrypted by software; no third-party can access said data during transfer across the network.

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Debit

The buyer's account shall only be debited when the available products have been dispatched and for the amount of the products sent. A VAT invoice may be issued at the request of the buyer.

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Identity control

In the event anti-fraud measures are required to secure customer transactions, BBM équipement may request that the buyer provide proof of address and/or identification by email or fax before the order can be validated

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Definitive validation

The order will thus only be definitively validated when BBM équipement has received these documents and has sent a confirmation email. If these documents are not received or if they do not definitively prove the identity of the person placing the order and their address, BBM équipement reserves the right to refuse the order.

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Order refusal

BBM équipement also reserves the right to refuse an order if there is an outstanding dispute over payment or an unusually high order level.

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Deliveries

Address

Deliveries shall be made to the address indicated in the purchase order and only within the agreed geographic area.

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Risk

Risks are assumed by the buyer from the moment the products leave the BBM équipement premises.

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Damage

In the event products are damaged during transit, a justified claim should be made to the carrier within three days of delivery.

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Period

Delivery dates are for illustrative purposes only; if the products are not received within thirty days of the order being placed, the contract may be cancelled and the buyer refunded.

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Customs

Any customs duties applicable in the relevant country may be applied. The amount of these duties varies from one country to the other and cannot be defined in advance by BBM équipement. These duties are attributable to the buyer and should be paid on receipt of the products.

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Warranty

Product

All products sold on the site have a warranty as set forth by articles 1641 onwards of the Civil Code, the duration of which is indicated on the product page of the corresponding items. The warranty includes parts and labour.

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Non-conformity

In the event of non-conformity of a product sold, it may be returned to the seller for exchange or refund. This provision shall not apply in the event of a defect caused by negligence, deterioration or inappropriate use of the product by the buyer.

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Complaints

Any complaint, request for exchange or refund should be made by post to the following address within thirty days of delivery: BBM équipement, service réclamation, 21 bis rue Saint Ladre, 57950 Montigny les Metz.

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Liability

Seller

The seller, within the on-line sales process, is only bound by a "best-efforts" obligation.

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Damage

The seller is not liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, virus, disruption of service or any other issues out of their control.

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Intellectual property

Website

All elements of the BBM équipement website are and remain the exclusive intellectual property of BBM équipement.

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Reproduction

No elements of the site, including software and visual or sound components, may be reproduced, used, or re-published, fully or partially, in any way.

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Links

Links or hypertext are strictly prohibited without the express written agreement of BBM équipement.

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Personal data

Information

In accordance with the law on Data Processing, Files and Individual Liberties, of 6th January 1978, personal data on buyers may be processed by an automated system.

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Collection

BBM équipement reserves the right to collect information on buyers, including via cookies, and, if so wished, may provide business partners with the information collected.

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Opposition

Buyers may oppose the disclosure of their details by notifying BBM équipement.

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Right of access

Buyers have the right to access and rectify their personal information, in accordance with the law of 6th January 1978.

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CNIL (French Data Protection Authority)

The automated processing of site user information, including email addresses, is the subject of a declaration to the CNIL, dated 02/12/2012, registered under the number g610557046v

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Storage and proof

Storage

BBM équipement shall store purchase orders and invoices by means of a secure and permanent system that contains an accurate copy of the original in accordance with article 1348 of the Civil Code.

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Proof

The computerised records of BBM équipement shall be considered as proof of the communications, orders, payments and transactions made between the parties.

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Settlement of disputes

These terms and conditions of on-line sale are subject to French law. In the event of any dispute, jurisdiction is held by the courts of Metz, notwithstanding multiple respondents or third-party appeals.

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Entirety

These Terms and Conditions of Sale are composed of all the clauses set forth herein. If BBM équipement does not exercise its rights at a given time in relation to any of the clauses set forth herein, this shall not constitute a waiver of its right to exercise said rights at a later date. In the event a clause is deemed invalid, the other clauses shall remain in force.

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Appendices

Article L211-4 Code de la consommation

Article L211-4 Consumer Code The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. The seller is also liable for any lack of conformity caused by packaging or assembly instructions, or installation if this party assumed responsibility therefor or had it carried out under its charge.

NB: Order 2005-136 2005-02-17 art. 5: The provisions of the present order shall apply to contracts concluded subsequent to its entry into force.

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Article L211-5 Consumer Code

To conform to the contract, the product must:

Be suitable for the purpose usually associated with such a product and, if applicable:

Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

Have the features that a buyer might reasonably expect the product to have considering the public statements made by the seller, the producer or their representative, including advertising or labelling;

Or, have the features defined by mutual agreement between the parties or be suitable for any special requirement made known to the seller by the buyer and to which the former agreed.

NB: Order 2005-136 2005-02-17 art. 5: The provisions of the present order shall apply to contracts concluded subsequent to its entry into force.

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Article L211-12 Consumer Code

Action resulting from lack of conformity lapses two years after delivery of the product.

NB: Order 2005-136 2005-02-17 art. 5: The provisions of the present order shall apply to contracts concluded subsequent to its entry into force.

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Article 1641 Civil Code

A seller is bound to a warranty on latent defects which render the product unfit for the use to which it was intended, or which impair that use to such an extent that the buyer would not have purchased it, or would have only paid a lesser price for it, had these defects been known.

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Article 1648 paragraph 1 Civil Code

The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.

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