GENERAL CONDITIONS OF SALE
Preamble
These general conditions of sale apply to all sales made on the resocargotainers.com website.
The contact details of the seller are as follows:
CARGO INVESTMENT B.V.
Company number OE029381
Transistorstraat 31 1322ck, Almere , Netherlands .
Calle Aprisco 14 1B, 13500 Puertollano, Ciudad Real, Spain
Staufeneckstrasse 70, 73054 Eislingen /Fils, Germany
Castle Court 41 London Rd, Reigate RH2 9 RJ, United Kingdom
The customer declares to have read and accepted the general conditions of sale prior to placing his order.
The validation of the order therefore implies acceptance of these general conditions of sale.
Article 1 – Principles
These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
The customer acknowledges having the capacity required to contract and acquire the products offered on the website.
These general conditions of sale prevail over any other document, and in particular over the general conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to buyers, whether professional or not.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order.
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer.
These general conditions apply only to purchases made on this website. For any delivery in the DOM-TOM, it should be reported to obtain a specific quote.
Article 3 – The order
The buyer places his order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, these general conditions. Its acceptance will result in an order confirmation email from the seller, in accordance with the conditions described below.
The buyer will have to choose the delivery address. Payment is made by bank transfer or credit card.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of a product ordered, the buyer will be informed by e-mail.
The cancellation of the order for this product and its possible refund will then be made, and the rest of the order will remain firm.
For any question relating to the follow-up of an order, the buyer can send an email to the following address: contact@resocargotainers.com.
Article 4 – Electronic signature
The online provision of the buyer's bank details and the final validation will constitute proof of the buyer's agreement. This will allow the seller to obtain payment of the sums due under the purchase order and this will be worth signature and express acceptance of all operations carried out.
In case of fraudulent use of bank details, the buyer is invited, as soon as this use is observed, to contact the seller by sending an email to the following address: contact@resocargotainers.com.
Article 5 – Confirmation of the order
The contractual information will be confirmed by email no later than the time of delivery or, failing that, the address indicated by the buyer on the order form.
Article 6 – Proof of transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7 – Product information
The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 8 – Price
Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date. Prices are in euros. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the price of the products.
Deposit
Any order may give rise to the payment of a deposit, the terms of which will be fixed at the time of the sale. Except in cases of force majeure, any cancellation of the order by the buyer outside the legal period of 14 days cannot give rise to the reimbursement of this deposit.
Article 9 – Method of payment
Rules
This is an order with payment obligation, which means that placing the order involves payment by the buyer. The payment of the order is made by bank transfer or by credit card of the buyer. The buyer must enter his bank details in the space provided and confirm this entry. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. The seller notably reserves the right to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. The seller has implemented an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to send a copy of an identity document and proof of address by email. The order will then only be validated after receipt and verification by the seller of the documents sent.
The price is payable in full and in a single payment upon validation of the order unless otherwise agreed between the different parties. In this case the date of payment will be mentioned on the invoice sent to the buyer.
Late payment
Any delay in payment will result in the immediate payment of all sums due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to bring, in this respect, against the buyer. .
Article 10 – Availability of products
Except in cases of force majeure or during closing periods clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the confirmation email.
For any delivery in Europe, the deadline is 4 to 5 working days, from the day after the buyer has paid for his order.
For any delivery in the DOM-TOM, it should be reported to obtain a specific quote.
In case of delay, the responsibility of the seller cannot be engaged, and this, for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, can be claimed by the buyer.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or an exchange of the product.
Article 11 – Terms of delivery
Delivery is made only after confirmation of payment by the seller's bank.
It is provided within the period specified in article 10, from the receipt by the seller of the order form.
Any delay greater than 1 month may result in the resolution of the sale. Deposits paid or payment made to the order will then be returned to the buyer.
In the event of non-compliance with the payment conditions above, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order. If the buyer is absent on the day of delivery, the deliverer will leave a delivery notice in the mailbox, which will allow the parcel to be collected from the place and during the period indicated.
If, at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note. (Package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.
The buyer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the article(s) and send a copy of this letter to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).
Article 12 – Delivery error
The buyer must formulate with the seller the same day of delivery or at the latest the first working day following delivery any complaint of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications. listed on the purchase order. Any complaint made after this period will be rejected.
The complaint can be made by contacting the seller by email at the following address: contact@hresocargotainers.com.
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will send an email to the buyer for exchange of the product(s) concerned. The exchange of a product can only take place after the attribution of this email.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in a tracked package, to the address which will be communicated to him.
Return costs are the responsibility of the seller.
Article 13 – Product warranty
The seller guarantees the buyer against any lack of conformity of the services and hidden defects, resulting from a defect in the design or supply of said services, excluding any negligence or fault on the part of the buyer.
In any case, in the event that the seller's liability is retained, the seller's guarantee will be limited to the amount excluding tax paid by the buyer for the purchase of the goods.
Article 14 – Right of withdrawal
The professional buyer buying within the framework and for the needs of his profession benefits from the right of withdrawal only according to the exceptions of law 121-21 of the consumer code.
The private buyer benefits from the right of withdrawal which is 14 days from the validation of the order or from the delivery of the goods.
In both cases, the customer has 14 days after having exercised his right by email to contact@resocargotainers.com to return the goods in their original packaging, unopened, unused, undamaged… at his expense.
Upon receipt of this, and after inspection of the goods, the seller will refund the amount paid by the customer.
Article 15 – Force majeure
All circumstances beyond the control of the parties, preventing the performance of the normal conditions of their obligations, are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance. Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of European courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 16 – Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other clauses will retain their full force. and their scope.
Article 17 – Non-waiver
The fact for one of the two parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 18 – Applicable law
These general conditions are subject to the application of European law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.
If they do not succeed, the parties will submit their dispute to the Commercial Court of Almere .
Article 19 – Collection of personal data
Data collected
The personal data collected on this site are as follows:
Account opening: When creating the user account, his surname, first name, email address; telephone number, postal address;
Connection: when the user connects to the website, he records, in particular, his name, first name, connection data, use, location and data relating to payment.
Profile: The use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number.
Payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, the data concerning the communication of the user is subject to temporary storage.
Cookies: cookies are used as part of the use of the site. The user has the possibility of disabling cookies from the settings of his computer.
Use of personal data
The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows:
• Access and use of the website by the user;
• Management of the operation and optimization of the website;
• Organization of Terms of Use and Payment Services;
• Verification, identification and authentication of data transmitted by the user;
• Proposal to the user to communicate with other users of the website;
• Implementation of user assistance;
• Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
• Prevention and detection of fraud, malware ( malicious software or malicious software) and management of security incidents;
• Management of any disputes with users;
• Sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
• When the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
• When the user publishes, in the free comment areas of the website, information accessible to the public;
• When the user authorizes the website of a third party to access his data;
• When the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to user data in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;
• If required by law, the site may transmit data to respond to claims against the website and to comply with administrative and legal procedures;
• If the website is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the site cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In application of the applicable personal data regulations, users have the following rights, which they can exercise at the following address: contact@resocargotainers.com :
• They can update or delete the data concerning them by logging into their account and configuring the parameters of this account;
• They can delete the account by writing to the following address: contact@resocargotainers.com. It should be noted that the information shared with other users on the forums, may remain visible to the public on the website, even after the deletion of the account;
• They can exercise their right of access, to know the personal data concerning them, by writing to the address contact@resocargotainers.com. In this case, before the implementation of this right, the website may request proof of identity of the user in order to verify the accuracy;
• If the personal data held by the website is inaccurate, they may request that the information be updated, by writing to the following address: contact@resocargotainers.com ;
• Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following address: contact@resocargotainers.com.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site; The website will also inform users of the modification by e-mail, at least 15 days before the effective date; If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.