Terms and conditions of sale

I- Validity of offers and orders

Unless otherwise agreed, our offers are only valid for 30 days from the date of issue.

All orders automatically imply acceptance of these terms and conditions of sale, irrespective of any other clauses that may appear on the buyer's documents.

They define the provisions governing the supply of hardware, software, software packages, systems and services marketed by our company.

In the event of a conflict between the customer's general terms and conditions of sale and those of our company, by express agreement, only the latter will be considered valid and, consequently, will be the law between the parties, unless a prior written waiver has been accepted by our company.

a) Orders negotiated verbally or through our sales staff only become final after written confirmation from us. No modification subsequent to the order may be taken into consideration without the written agreement of both parties. In addition, the order will only be registered as firm and definitive after receipt of a deposit of 30% of the amount of the order, paid by cheque.

b) Once an order has been accepted, it may not be cancelled without written agreement and subject to all cancellation costs being borne by the purchaser.

c) Modification of the delivery schedule at the express request of the purchaser may give rise to additional charges or a price adjustment as deemed necessary by our Company.

d) Unless otherwise agreed, orders are only accepted as firm and definitive upon receipt of a 30% advance by cheque validating the order.

e) We reserve the right to make partial deliveries with the corresponding partial invoicing. In this case, the purchaser may not take advantage of the fact that the balance of the material ordered is still outstanding to defer payment for the material received.

II- Prices

Our prices are indicative only.

Our prices are calculated ex-warehouse, packaging to be borne by the recipient. They are calculated taking into account current economic and fiscal conditions. Should these conditions change (e.g. exchange rates), our prices may vary in accordance with the legally authorized terms and conditions.

III- Transport and delivery

Delivery times are given as an indication only. By express agreement, no delay in delivery may give rise to the application of penalties.

Goods are deemed to have been delivered to the address specified by the seller, or to have been collected by the buyer. Goods are shipped at the purchaser's sole risk and expense, and the purchaser is liable for any loss or damage.

It is the buyer's responsibility to check the goods on arrival, to take any necessary action against the carriers within three days (L133-3) and to notify the seller within the same period.

The purchaser undertakes to adopt all necessary procedures and to carry out all necessary tests to verify the conformity of the equipment delivered with the object of the order, and to ensure that it is put into operation in the physical environment required for the installation and proper functioning of the equipment ordered, as soon as the equipment is received.

IV- Payment

Payment is due within 30 days of invoice date for any customer with an account in our books specifying this, or in cash on receipt of goods for all others.

In the event of payment in instalments, non-payment of a single instalment shall entitle the seller to invoke the termination of the contract, if he sees fit, with the sums paid up to the date of such termination being acquired by him in any event, if necessary as a penalty clause.

All payments must be made on the agreed date; no subsequent deliveries may be requested from the seller until all amounts previously due have been paid.

V- Technical acceptance

1) Any claim relating to the conformity of the equipment in quantity or kind with the order placed must be made by registered letter with acknowledgement of receipt within eight days of delivery to the purchaser.

2) No supplies may be taken back or exchanged without the prior written agreement of our Company and subject to the possible reimbursement of the costs corresponding to this operation. The receipt, by mistake, of materials returned without our written agreement cannot be considered as a tacit acceptance of return or exchange.

VI- Retention of title clause

In accordance with law n°80335 of 12.05.1980, the seller retains ownership of the equipment delivered until full and effective payment of the sale price and ancillary costs, the delivery and acceptance of bills of exchange or bills not constituting novation to this rule.

Consequently, and until full payment has been made, the equipment delivered remains the property of the seller, and the buyer is prohibited from moving it to any address other than that mentioned in the present document.

In addition, the purchaser undertakes not to lend, hire out, assign, pledge or give as security the equipment delivered until full payment has been made.

The buyer, in order to guarantee the seller the eventual return of the equipment, undertakes to take out the appropriate insurance covering the equipment so that, in the event of loss or destruction of this equipment, the indemnity paid to the insurance company covers the sums still owed to the seller.

In the event of non-payment by the purchaser of a single fraction of the price on the agreed due dates, and eight days after formal notice has been served by registered letter with acknowledgement of receipt, which has remained unsuccessful, the sale will be cancelled by operation of law if the seller sees fit, and in this case, the seller will be entitled to demand the immediate return of all equipment delivered. In such a case, and in addition to taking back the equipment belonging to the seller, the latter will be entitled to retain, by way of damages and, if necessary, as a penalty clause, the sums already paid, up to a limit of 30% of the sale price excluding taxes.

In the event of disagreement over the return of goods or equipment, this may be obtained by a summary order issued by the President of the Commercial Court at the seller's registered office, to which the parties expressly assign jurisdiction; the same decision will appoint an expert to ascertain the condition of the returned equipment and to fix its value on the day of repossession by the seller.

The accounts of the parties will be settled on this basis, independently of any damages that may be due by the buyer in compensation for the loss suffered by the seller as a result of the termination of the sale.

In any event, the buyer will bear the financial consequences of the loss or deterioration of the equipment for as long as it remains the property of the seller.

As soon as the equipment leaves the seller's warehouse, it is placed under the responsibility of the customer, who shall bear all risks, loss or damage from that moment onwards, and it is the customer's responsibility to take out any cover he deems necessary, it being understood that the seller will be subrogated to his rights with regard to the insurer for the sums due.

The buyer is prohibited from reselling the goods delivered if he is in a state of suspension of payments or insolvency.

In the event of resale, the purchaser may assign to the seller any claims arising in his favor from the resale to a third party purchaser; however, he remains principally liable to the seller for the proper payment of invoices relating to the initial sale. In the event of seizure or any other intervention by a third party, the purchaser must immediately notify the seller.

It is understood that this agreement will apply to all business transacted between the seller and the buyer named above.

VII- Warranty

1) The warranty on new equipment is the responsibility of the seller. It lasts for three months from the date of delivery, except under special conditions. During this period, the seller undertakes to exchange, free of charge, any parts recognized as defective by the seller.

2) The warranty does not apply to damage or deterioration which does not result from normal operation of the device. In particular, the warranty does not cover damage resulting from shocks to the equipment, operating or handling errors, or modifications neither authorized nor carried out by the seller, this list being non-exhaustive.

3) The eventuality of a breakdown occurring before the invoice for the device has been paid, may under no circumstances be used as a pretext for cancelling the order or for a delay in payment.

4) All warranty work is carried out exclusively on our premises. Consequently, the equipment concerned must be returned at the purchaser's expense and risk.

5) The seller guarantees only that the equipment delivered complies with the order received and accepted and that the said equipment is in normal working order, to the exclusion of any other implicit guarantee concerning in particular the quality of the service provided by the equipment or its suitability for the purposes assigned to it by the purchaser.

6) The purchaser will not be entitled to any loan of replacement equipment, nor any compensation of any kind to cover any damage suffered as a result of the immobilization of the defective equipment.

Furthermore, it is expressly agreed between the parties that printer heads and consumables are excluded from the scope of the present warranty.

VIII- Return of equipment

No material may be returned by the purchaser without prior written agreement from the seller. A return of material can only be accepted under the following conditions:

a) The material delivered does not conform to the purchase order issued by the buyer and accepted by the seller.

b) The equipment delivered has already been the subject of a previous delivery. The equipment returned must not have undergone any modification whatsoever and must be in a condition considered as new, i.e. accompanied by the technical manuals, documentation, cables and accessories necessary for its proper use, in working order and packaged in its original packaging.

In the event that the returned equipment does not meet the above-mentioned characteristics, the purchaser will be required to pay the costs of repair by the seller. The amount of these costs is fixed and is estimated at 10% of the purchase price of the equipment concerned. Under no circumstances does this amount cover the costs of any repairs made necessary by the malfunctioning of the equipment.

Any equipment returned under warranty due to a defect must be accompanied by a document (invoice or delivery note, for example) proving the date the equipment was put into service. Any equipment returned without one of these documents, signed and dated, will be excluded from the warranty. In addition, returned equipment must be accompanied by a precise description of the alleged fault, signed by the purchaser.

The seller will be solely responsible for the cost of transporting equipment returned under the above conditions, during the warranty period defined in the Article of the Contract.

IX- Limitation of liability

The seller of agreement between the parties will not answer:

1 - the intangible consequences of malfunction, breakdown or destruction of equipment.

2 - damage of any kind, whether physical, material or immaterial, which may be caused by these installations.

Consequently, the purchaser of this equipment undertakes to take out an insurance policy covering all these risks and to obtain from the said insurer a waiver of recourse against the vendor.

The purchaser relies on its own skill and judgment as to the suitability and compatibility of the equipment supplied pursuant to its contract, and it is the purchaser's responsibility to make all necessary checks to ensure that the equipment purchased is compatible with the system to which it is connected and fit for purpose. Our Company accepts no responsibility for any knowledge it or its employees may have as to the purpose of the equipment supplied or as to the use made of it. Our Company's liability is strictly limited to the conformity of the equipment to its specifications.

X- Loan terms

In the event of a loan, the loaned equipment must be returned on the date specified on the loan slip.

Any delay after this date, or any deterioration of the equipment, its accessories and packaging, will result in the payment of a fixed indemnity of 10% of the price of the said equipment, to the owner and at the borrower's expense, irrespective of the cost of restoring the equipment.

In addition, any equipment not returned no later than 10 days after the normal return date will, if the owner of the equipment so wishes and notifies by registered letter with acknowledgement of receipt, be considered as acquired by the borrower and invoiced at the public price in force on that date, this price being payable in cash notwithstanding the automatic application to this equipment of the retention of title clause, which will replace the leasing contract between the owner of the equipment and the borrower on the date of issue of the invoice.

For the duration of the loan, the borrower agrees not to move the equipment or allow it to be used by a third party.

Shipping and delivery costs are borne by the customer in the same way as for a purchase.

X- Litigation

The Commercial Court of Nanterre shall have exclusive jurisdiction over any dispute arising from the sale of the equipment referred to in this agreement, even in the event of multiple defendants or the introduction of third parties.

Racontez-nous une histoire









    *Les champs mentionnés comme obligatoires sont nécessaires pour traiter votre demande.

    *The information collected is processed in accordance with the Site's privacy policy, which can be accessed at Privacy Policy.

    In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, you may exercise your right to access, rectify, object to, delete and port your personal data by sending a written request accompanied by valid proof of identity to dpo@groupe-cyllene.com or DPO - CYLLENE - 93/99, rue Veuve Lacroix 92000 Nanterre.