Legal notice :
All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.
Company identity :
KOMAKS-FRANCE Société à responsabilité limitée (SARL)
Capital: 300.000 euros
Head Office: LYON (69005) – 8 rue MOURGUET,
Registered under number 489.249.151 RCS LYON
VAT number : FR16489249151
Costumer service: Tel: +33 (0)4 37 26 29 50 – email : firstname.lastname@example.org
Web site : www.komaks.fr
GENRAL TERMS & CONDITIONS OF SALE (France & Export)
1.1. Unless otherwise stipulated, all our sales of office & IT equipment, accessories, consumables or any other product or service are subject to the following General Terms and Conditions of Sale.
1.2. The following General Terms and Conditions of Sale are systematically enclosed/attached to any offer issued by KOMAKS-FRANCE SARL and take precedence, unless otherwise specified in writing, over any purchase conditions.
1.3. This document constitutes the entire agreement between KOMAKS-FRANCE SARL and its clients regarding the subject matter herein and shall not be modified except by a written agreement signed by both parties.
1.4. Unless specially provided otherwise, any condition opposed by the customer, at any time, shall not be enforceable against KOMAKS-FRANCE SARL.
1.5. The information published on our website, provided in our online offers, publications, brochures, price lists or any other type of document presenting our company and its activities do not constitute any obligation for KOMAKS-FRANCE SARL. We reserve the right to change any information related to our company at any time.
2.1. Unless otherwise stipulated, the offers established by KOMAKS-FRANCE SARL are valid for 30 days as from the offer issuance date and are subject to in-stock availability. After this period, the expired offer could be modified at any time by KOMAKS- FRANCE SARL.
2.2. The terms and conditions specified in an offer issued by KOMAKS-FRANCE SARL refer exclusively to the products included in that same offer.
2.3. Additional terms and conditions that complete or modify the present General Terms and Conditions of Sale could be included in any offer established by KOMAKS-FRANCE SARL.
2.4. Any change made to an offer issued by KOMAKS-FRANCE SARL is considered as a counter offer. Any counter offer has to be expressly approved by KOMAKS-FRANCE SARL.
2.5. Unless otherwise specified in writing in the offers issued by KOMAKS-FRANCE SARL, the order shipping point is considered to be LES ECHETS, France (Ex-works).
3.1. Order acceptance and validation
3.1.1. The compulsory condition for an order to be confirmed by KOMAKS-FRANCE SARL is as follows: indicate in any case – the product subject to the order, the respective quantity ordered as well as the following identity information: name and last name of the contact person, name of the organization and its corporate status, VAT number (when the customer is a private organization) and the billing address.
3.1.2. An order shall only be considered as definitive after our formal confirmation is given. That formal order acceptance is governed by the conditions described herein.
188.8.131.52. The formal order confirmation (which is equivalent to order acceptance) is only given after KOMAKS-FRANCE SARL receives a down payment or /and the full payment of the order total amount. The formal order confirmation shall be sent to the customer by e-mail email@example.com, fax, by post etc. (these communication channels are purely indicative).
184.108.40.206. Any order confirmation or refusal has to be sent to the customer within 72 hours after KOMAKS-FRANCE SARL receives the order.
220.127.116.11. Given the fact that our responsibility is limited to the in-stock availability, KOMAKS-FRANCE SARL shall establish and send order confirmations in the same order they are received. In case of stock-out, KOMAKS- FRANCE SARL shall have the right to refuse any order.
18.104.22.168. Any order refusal shall be justified.
3.2. Order modification
3.2.1. Any already confirmed order could be modified within 24 working hours as from the order validation date and time. Unless agreed otherwise in writing, after this period the order is considered as definitive.
3.2.2. The terms and conditions regarding the initial order shall not be automatically applied to any additional ordering (products added to the initial already confirmed order or an extra order following the first one). Any additional ordering shall be a subject of a specific written agreement between the customer and KOMAKS-FRANCE SARL.
3.3. Order cancellation
3.3.1. In case of order cancellation, the customer shall inform KOMAKS-FRANCE SARL by e-mail firstname.lastname@example.org, fax or registered letter with acknowledgement of receipt (the letter shall be sent to the following address: KOMAKS-FRANCE SARL – 8 rue Mourguet – 69005 LYON – FRANCE).
3.3.2. Any order could be cancelled within 7 days as from the final order confirmation date. During this period, any full and/ or partial payment regarding the cancelled order that KOMAKS-FRANCE SARL has received shall be totally paid off within 30 working days as from the order cancellation date.
3.3.3. Unless otherwise stipulated, after the cancellation period (see 3.3.2.), the order is considered as definitive and the customer shall pay 100% of the order total amount within 30 working days as from the date KOMAKS FRANCE SARL has confirmed the order.
4.1.1. All our prices are duty- free, quoted ex-works and indicated in Euro (€).
4.1.2. Export sales: our prices are quoted Ex-works LES ECHETS, FRANCE (“Ex-works” as defined in INCOTERMS 2010 – International Chamber of Commerce). Our prices do not include, unless a written agreement signed by all parties: any customs fees, transport costs, any boarding or unloading taxes/charges/ costs, container (or any other storage mode) transport costs, any import fees or charges payable outside France or any other type of eventual indirect charges.
4.1.3. All invoices issued by KOMAKS-FRANCE SARL are subject to VAT invoicing rules. The total VAT amount is calculated on the basis of duty-free prices and according to the VAT rate prevailing in France at the moment of sale. All products sold outside the European Union are subject to VAT exemption according to the article # 262 of the French Tax Code. All products sold within the territory of the European Union are subject to VAT exemption according to the article # 262 ter I of the French Tax Code.
4.2. Price modification / updating
KOMAKS-FRANCE SARL reserves its right to change its prices at any moment. It shall be noted:
- that the only prices applicable to our customers shall be those in force on the date the order is confirmed
- the buyer shall verify all prices listed in the order confirmation.
- PAYMENT TERMS
5.1. Unless otherwise stipulated, all invoices shall be sent to the customer within 10 working days after the definitive order confirmation and in any case before the order shipment. The invoices are payable in France by any means except credits cards.
5.2. The other payment terms are as follows: Down payment on order: 30% of the global invoice amount / The rest 70% before and/or at the moment of shipment
5.3. In case of delayed payment (more than 30 working days as from the order confirmation date), KOMAKS-FRANCE SARL shall suspend or cancel any ongoing sales with the same customer and thus without prejudice to any other courses of action. Failure by the client to pay the amounts on their due date shall result, as of right, in immediate payability of the amounts due and in the invoicing of interests amounting to 1,5 times the legal interest rate in force at the moment of the order confirmation.
- TRANSPORT AND DELIVERIES
6.1. General delivery terms
6.1.1. Unless otherwise stipulated, KOMAKS-FRANCE SARL shall not be in charge of arranging order transport and deliveries.
6.1.2. The products ordered shall be collected by the client or the transport company he has chosen at the following address: PA DES CHENES – ROUTE DE TRAMOYES 01700 LES ECHETS – FRANCE
6.1.3. All orders are prepared and shipped to the customer in an appropriate packaging ensuring maximum protection to the products during their transportation. For any export sales, the customer shall inform us, at the moment of ordering, about any special packaging regulations in force in his country and/or about his specific packaging requests.
6.2. Export Sales
6.2.1. Export of office and IT equipment, accessories and / or supplies shall be governed by the incoterm EXW (Ex. Works) as defined by the International Chamber of Commerce.
6.2.2. All export customers shall inform KOMAKS-FRANCE SARL, at the moment of ordering and in any case before the order shipment, about any specific conditions regarding the transportation and deliveries of the products ordered. KOMAKS-FRANCE SARL shall not be held liable by the client if that information has not been transmitted to us on time.
6.3.1. Unless otherwise stipulated, the order pickup shall take place, at the latest – 30 days as from the order confirmation date at the following address: ZA DES FOLLIOUSES – RUE DES MONTS D’OR – 01700 LES ECHETS – FRANCE
6.3.2. In the case that KOMAKS-FRANCE is in charge of choosing the transport company and arranging the order delivery, all deadlines transmitted to the customer shall be only indicative. KOMAKS-FRANCE SARL shall not be held liable for any late deliveries. In case of late deliveries, the client shall not have the right to cancel / refuse the order or ask KOMAKS-FRANCE SARL for any compensation.
6.3.3. In the case that the shipment is voluntarily delayed by the client and KOMAKS-FRANCE SARL has expressively approved that, the products ordered shall be prepared and packed at the risk and expense of the client. Unless otherwise stipulated, the customer shall pay off his order(s) according to the terms and conditions stated in the present document.
6.4.1. The products, accessories and/or supplies ordered become the exclusive property of the client after full payment of the order. As a consequence, risks are automatically transferred at the moment of shipment and the order is transported at the risks of the consignee.
6.4.2. KOMAKS-FRANCE SARL shall not be held liable for any product damages in case of late collection or absence of collection of the order from our warehouse or from the transport company. As a result, the responsibility of KOMAKS-FRANCE SARL shall not be engaged for any late deliveries or in a larger context for any delivery problems or product damage caused during the transport.
6.5.1. In case of any evident defects or non conformity of the products, accessories and/or supplies delivered, the client could obtain free replacement of the defective / noncompliant products duly noted by KOMAKS-FRANCE SARL or financial compensation (payback). The reimbursement option (free product replacement or payback) shall be determined by the seller and shall supercede any other type of compensation.
6.5.2. Return charges shall be paid by the client. As a result, the returned products, accessories and/or supplies, carriage unpaid, will be sent back to the customer.
The products shipped by KOMAKS-FRANCE SARL are always transported at the risks and expenses of the client. As a result and unless otherwise stipulated, the customer is the only party of the contract in charge of taking out an insurance covering damages caused during the transport or delivery.
KOMAKS-FRANCE SARL guarantees that all its products, accessories and/or supplies on sale comply with the description given in our standard and online offers, publications as well as in any other type of document provided to the customer regarding the product (s) of the order.
Unless otherwise stipulated, our products, accessories and/or supplies are sold without any warranty.
- AUTOMATIC CONTRACT CANCELLATION
In case of failure by the client to comply with the obligations described by the present General Terms and Conditions of Sale, KOMAKS-FRANCE SARL shall, as of full right and without any prejudice to compensation of any nature that could be requested by the client, cancel the contract. The contract cancellation shall take place 15 days after the unheeded notice of defult.
The customer is the only party of the contract responsible for the choice and use of the ordered products. As a result, the liability of KOMAKS-FRANCE SARL shall not be held.
It is reminded that:
- In the case that KOMAKS-FRANCE SARL was held liable for any problem; our liability shall be limited to the less important of the two following amounts: total order amount or the amount of the damage endured by the client.
- KOMAKS-FRANCE SARL shall not be held liable for any problems occurred after the shipment.
- TITLE AND RISK TRANSFER
It is reminded that:
- Title transfer is completed when the full order payment is received.
- All risks are transferred after the shipment (all products of the order are remitted to the transport company, the customer…)
- FORCE MAJEURE
In case of a force majeure event, for example war, riots, fire, strikes or accidents (this is a non-exhaustive list of force majeure events), the fulfillment of the orders can be totally or partially suspended. In these cases, our liability shall not be held.
KOMAKS-FRANCE SARL shall implement reasonable measures to ensure the security and confidentiality of all data and information provided by our clients.
- COMPUTERS AND LIBERTY
According to the “Computers and Liberty” law from 6th January 1978, any customer has the right to rectify, complete, clarify or delete any data and information which concerns him.
- OTHER MATTERS
15.1. Unless otherwise stipulated, any photo, product illustrations on our website or any other paper support do not enter the contractual field and is provided only for information.
15.2. The present General Terms and Conditions of Sale are written in French and English. In case of dispute implying the use of the English version of the General Terms and Conditions of Sale, the French version shall prevail on the English one.
- GOVERINING LAW
These general terms and conditions of sale are governed by French law. In absence of amicable agreement, all disputes regarding the following General Terms and Conditions of Sale shall be settled exclusively by the Commerce Court located in the same region/city as our headquarter offices.