Article 1 - Application of Terms

The buyer is defined below as the company or person signing and accepting these terms of sale. The general terms of sale apply exclusively to all sales concluded by CIBEO Consulting (Brand: croquette-accessoire.fr) both on its own behalf and on behalf of its principals. Any other conditions only bind the seller after written confirmation from them. The information provided in catalogs, price lists, websites, notes, etc. is given for information purposes only and may be changed by the seller without notice. The mere act of placing an order or accepting an offer from the seller constitutes unconditional acceptance of these general terms. Offers are valid within the option period set at one week from the date of the offer unless otherwise stipulated on the offer. These general terms may be modified at any time and without notice by CIBEO Consulting, with the modifications then applicable to all subsequent orders.

Article 2 – Orders

Offers are valid while stocks last.

2.1 Product Description

The essential characteristics of the product are indicated in the "product sheet" which generally contains a photo of the product and indicates its features. The photographs illustrating the products in support of the text are not part of the contractual scope; if errors have been introduced, in no case shall CIBEO Consulting be held liable. The detailed product sheet is the only contractual source. Manufacturers can change the technical composition of product references without notice. CIBEO Consulting reserves the right to update, improve its sheets, or withdraw its products from sale at any time. If you do not consider yourself sufficiently competent, you should seek assistance from an advisor. You have the possibility to contact CIBEO Consulting for additional information about the products presented via the CONTACT section of our website or by phone.

2.2 Product Availability

You are informed of product availability directly on the site. However, in case of unavailability of the ordered product, CIBEO Consulting will deliver it as soon as it is restocked or may provide you with a product of equivalent quality and price. In the case of delivery of a replacement product, if you exercise your right of withdrawal, the return costs will be borne by us. You still have the option to cancel the sale and request a refund (which will be made within a maximum of 30 days from the date of receipt of the equipment). For products not stocked in our warehouses, our offers are valid subject to availability from our suppliers.

2.3 Steps to Conclude the Contract

For the first order via the Internet, any new customer must create a "Customer Account"; an identifier ("login") and a password of at least six alphanumeric characters will be required. At each order validation, you will be directed to your account via a secure connection reminding you of your order contents. Your order will only be definitively recorded after filling in the various information and final validation. When you register the order by selecting a payment method, the sale is deemed concluded (agreement on the goods and the price). Your order is confirmed by sending an automatically generated email from our website to the email address provided when creating the customer account. The contractual information is presented in French and will be confirmed by these details no later than at the time of delivery. CIBEO Consulting reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

2.4 Order Cancellation

The order placed on our site is automatically canceled in the absence of receipt of payment.

Article 3 – Prices

The prices listed on the site are indicated in euros (all taxes included), excluding delivery charges. The prices listed on your order after its validation and registration are firm and final: if prices drop a few days after the order, we will not be able to compensate you for the difference; if prices increase, we are committed to delivering at the price set on the day of the order. The delivery charges are calculated automatically based on each order; they appear on the summary of your order before final registration. If you are a customer outside the European Union or in the French Overseas Departments and Territories, the invoice will be issued without VAT. Any order delivered outside metropolitan France may be subject to local taxes, customs duties, sea grants, and customs clearance fees upon delivery. Their payment is your responsibility and falls under your responsibility. Inquire with the competent authorities of the delivery country. However, goods purchased by professionals are at the agreed price at the order within the option period and the general economic conditions (taxes, exchange rates...) at the time of delivery. In the case of products indexed to a currency: any variation, to the seller's detriment, of 2% of the currency rate against the euro defined on the day of the offer may be passed on the billing day.

Article 4 – Termination Clause

In the event of non-compliance by the buyer with any of its obligations, the sale may be terminated automatically and the goods returned to the seller if they deem it appropriate, without prejudice to any damages that the seller may claim from the buyer, within 48 hours after the unheeded formal notice. In this case, the seller is authorized to claim from the buyer a lump sum compensation of 10% of the sale amount.

Article 5 – Payment

Any payment made to CIBEO Consulting cannot be considered as a deposit.

5.1 Payment Methods

Payments must be made in such a way that the seller can dispose of the sums on the due date indicated on the invoice. Unless otherwise stipulated on the site or granted to the corporate client after reviewing their file, payment is made at the order by: bank card (valid for at least 1 month for a cash payment and 6 months in case of installment payment). Bank information entry is done on a secure server ensuring the security and confidentiality of the information provided during the bank transaction. All connection information is retained. check (issued by a bank domiciled in mainland France). The check should be sent to the order of CIBEO Consulting at the following address: CIBEO Consulting, 15 Rue des Frères Lumière, 68100 Mulhouse. It must be accompanied by a copy of the order confirmation email. If you do not have a printer, write on the back of the check the order date, order number, and customer number. The check must be in the name of the person who placed the order; otherwise, it must mention the order number and customer number on the back. It will be cashed upon receipt. Your order will be processed from its receipt date. E-credit card. Transfer or postal order.

CIBEO Consulting reserves the right to request a bank check or transfer in case the amounts involved are significant or if there are doubts about the transaction.

5.2 Late Payment

Any payment after the due date may result in the billing of penalties without prior formal notice to the buyer. The amount of these penalties would be at least equivalent to the application of a rate equal to 5 times the legal interest rate in force on the day of application of the penalties, without this clause excluding additional damages. The buyer can never, on the grounds of a claim made by them, retain all or part of the amounts due by them, nor operate a set-off. When the buyer is late in full or partial payment of a due date, the seller may, by this sole fact and without prior formal notice, immediately suspend deliveries, without the buyer being able to claim damages from the seller. In the event of a contentious procedure, the seller is entitled to claim from the buyer the reimbursement of all costs related to the pursuit.

5.3 Proofs

For fraud limitation reasons, CIBEO Consulting reserves the right to request proof of identity and domicile, and the payment method used to accept the sale. In this case, your order will be processed from the receipt of these documents. We reserve the right to cancel your order in the absence of receipt of these proofs or receipt of proofs deemed non-compliant.

Article 6 – Final Provisions

This contract is governed by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. CIBEO Consulting will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized registers of CIBEO Consulting will be considered by the parties as proof of communications, orders, payments, and transactions between the parties unless proven otherwise. The electronic signature constituted by the "double-click" procedure during the order and its registration has handwritten value between the parties. French law applies without excluding the application of the imperative legislative rights granted to consumers or a more protective mandatory law by the foreign judge seized by a consumer from the corresponding country. If one of the clauses or provisions of these General Terms of Sale is nullified or declared illegal by a final court decision, this nullity or illegality will not affect the other clauses and provisions, which will continue to apply. Any disputes relating to the formation, execution, and termination of contractual obligations between the parties that cannot be resolved amicably will be submitted to the French courts. In case of a dispute with professionals and/or merchants, it will be submitted to the jurisdiction of the Commercial Court of MULHOUSE within whose jurisdiction the seller's head office is located, whatever the conditions of sale and the accepted payment method, even in case of warranty claims or multiple defendants, the seller reserving the right to seize the territorially competent court of the buyer's head office. The fact that CIBEO Consulting does not invoke one of the clauses at a given time cannot be considered as a waiver to invoke them later.

ANNEX:

Article L211-4 Consumer Code:
The seller must deliver goods in conformity with the contract and is responsible for conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when it has been charged to them by the contract or carried out under their responsibility.

Article L211-5 Consumer Code:
To comply with the contract, the good must: 1° Be suitable for the usual use of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model present the qualities that a buyer can legitimately expect given the public statements made by the seller, producer, or their representative, especially in advertising or labeling 2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by them

Article L211-12 Consumer Code:
The action resulting from the conformity defect is prescribed by two years from the delivery of the good.

Article 1641 Civil Code:
The seller is bound by the warranty for hidden defects of the sold item that make it unsuitable for the use for which it is intended, or that so diminish its use that the buyer would not have acquired it, or would have given a lower price if they had known about them.

Article 1648 paragraph 1 Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.