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General sales conditions
The following general sales conditions apply to all sales of products sold and ordered through our website eshop.tami-industries.com by a business customer for use in its professional activities.
All orders placed imply the full acceptance without reservation of the present general sales conditions by the customer.
All documents except the present general sales conditions, such as catalogues, prospectus, advertising and information leaflets are non-contractual and for information and illustration purposes only.
The non-claim at any time by TAMI Industries of any of the provisions in this general sales conditions does not mean renunciation to its enforcement at a later time.
We reserve the right to amend or modify the present general sales conditions at any time. In the event of a modification, the general sales conditions valid on the day of the order will apply.
Should individual provisions of the present general sales conditions be considered invalid for any reasons, the remaining provisions of the present general sales conditions will remain in full force and effect between the parties.
We will process and store personal data. These are data provided by the natural person customer or the legal representative of the customer during the order and/or the creation of the account (title, first and last names, address, e-mail address, phone number, SIREN number, SIRET number, etc.). The natural person customer or the legal representative of the customer can, at any time, change their information by sending us a registered letter with receipt acknowledgement. The gathering, storage, use and conversation of the data are aimed to: the creation and the management of the customer account, the processing and the follow-up of the order, the management of the payment and delivery operations, the management of the customer relation, the management of the communication and follow-up of exchanges with the customer, the commercial prospection, the management of right of access requests, the rectification and objection to the processing of personal data of the persons concerned. The personal information collected will be kept for as long as necessary for the management and follow-up of the customer order and the management and follow-up of eventual disputes that may occur after the order. The data are stored according to their legal, fiscal, commercial and accounting validity periods. To achieve the objectives described above and for the time necessary to achieve such objectives, the data of natural person customers or legal representatives can be transmitted to employees and authorized persons of our company, with authorization to treat the data by virtue of their duties. The information gathered can also be transmitted to third parties linked to our company by contract for the execution of outsourced tasks necessary for the management and follow-up of the order, the management of the customer account and the management and follow-up of the payment and delivery operations without prior authorisation of the natural person customer or the legal representative. Within the framework of the outsourced services, the third party providers will have limited access to data and the contractual obligation to use the data according to the legal provisions applicable to personal data protection. Furthermore, other parties may have partial or full access to personal data according to their level of authority and the purpose of the access, namely the police and judicial authorities. According to legal provisions and applicable regulations, in particular the law n°78-17 of 6 January 1987 amended for information technology, database and civil liberties and according to the EU regulation n°2016/679/UE of 27 April 2016, the natural person customer or their legal representative benefit from the right to access, rectification, portability and erasure of their data (except if the data are needed for the execution of the contract, for the fulfilment of the legal obligation of our company or to exercise the rights of our company) and the limitation of the processing and the right to define the instructions for their data exclusion after their death. The customer can also, for legitimate reasons, object to the processing of their personal data and benefits from the right to object to commercial prospection. These rights can be exercised with our company by the following means: by sending a letter to our company at the address of the head office that can be found in the general sales conditions. The request must be accompanied by a proof of identity. It is also possible for the natural person customer or their legal representative to file a complaint with the CNIL.
All products sold on the e-shop can be immediately ordered conditioned to their availability. The availability of products is provided for information only and is not guaranteed, the actual availability is informed in the acknowledgement of the order.
All information related to the general description, resistance, use or performance, all regulatory compliance information, qualitative, dimensions, pricing, drawings, all explanations provided on the e-shop, delivery notes, order acknowledgement and all other assistance are provided for information purposes, they are non-exhaustive and without guarantees unless expressly stated.
In addition, this information is provided subject to eventual typing and printing errors and errors of any other kind.
The incorporation of the information available in our documents to the documents of the natural person or business customer is under the responsibility of the customer.
Should the customer wish to make contractual any specific information, this must be requested in written and will be valid only after our written consent prior to any uses of the product.
All the information provided and products sold are subject to modifications, replacement or discontinuity without prior notice and no liability from our company.
The customer shall place the order on the e-shop, from the products catalogue and the form available on the e-shop.
The customer must follow the different ordering steps on the e-shop after selecting the desired products. The customer then validates the choice by clicking on “Proceed to Checkout”. All products selected will be shown on a summary page in order to allow the verification of the details and the total price, and to fix eventual errors before accepting the order by confirming.
By confirming the order by clicking on the appropriate button, the customer accepts the present general sales conditions.
The validation of the order by the customer is considered the acceptance of the prices and the characteristics of the products purchased.
The placement of the order on the e-shop is subject to the creation for free of the customer’s electronic account.
During the creation of the customer account, the customer commits to provide true and correct information about their situation. The customer will provide their last name, first name, company name, TVA number, postal address, phone number, e-mail address and will choose their username and password.
An authentication of the username will be carried out by our information system. The customer will be requested to provide the username, which is strictly confidential, at each transaction.
It is possible to change the password by accessing the customer account. The password is personal, confidential and non-transferable and the customer accepts to do not disclose it to any third parties.
All access to the customer account, through the use of the password, is considered to be done by the customer.
TAMI Industries will not be liable, under any circumstances, for fraudulent use or misuse of the customer password and/or account.
We reserve the right to use the password of the customer for the exclusive purpose of technical maintenance of the e-shop. We assure under these conditions the confidentiality of the password of the customer.
The customer accepts to be entirely responsible for their username and password and to report immediately and in written any disclosures in order to be released from this responsibility.
Should the password be lost or forgotten, the customer can click on “Forgot your password?” and input their email address. The customer will receive an email with a link to create a new password.
The customer accepts to regularly verify their information, before each new order, and to when necessary make the appropriate changes by accessing their customer account online. We finally remind the customers of the need to provide a valid email address and phone number.
The order will become valid once we acknowledge its acceptance, which will be in the form of an email containing the acknowledgement of the order and its information.
The invoice related to the order will be included in the email.
Orders confirmed by the customer and accepted by us cannot be cancelled or modified.
The delivery is concluded when the products are delivered to the carrier chosen by TAMI Industries.
The risks are transferred to the customer at the moment of the delivery, as described above, notwithstanding the right of retention of title.
Regardless of the mode of transport, land, water, air or any other mode, even if the transport price was set and the goods shipped to the customer, the goods will travel at the customer’s risk. Should the goods be delivered with missing parts, delays or damages caused during the transportation, the customer needs to specify the issues on the delivery note and claim compensation to the carrier according to article L. 133-3 and L.133-4 of the Commercial Code. The products are not covered by insurance unless expressly requested and paid by the customer.
The products are delivered to all territories of the European Union. For deliveries outside of the European Union, please contact us at: email@example.com.
The delivery times are provided as indicative and without guarantees.
Therefore, in case of exceeding the indicative time, we will not accept under any circumstances the cancellation of the complete or part of the order or accept any requests for discounts in the amount invoiced.
The delays cannot, under any circumstances, justify the cancellation of the order and any claims to deductions, penalties, compensation or damages and interests.
In case of the non-fulfilment of the obligations presented in this general sales conditions, we are authorised to :
- suspend all orders under preparation, without prejudice to any other legal remedy;
- terminate the order concerned and complete or part of all orders under preparation, regardless of their payment status, without the need of any legal formalities and without prejudice to damages compensation and interests to which TAMI Industries may be entitled. The decision to terminate the order will be notified by a registered letter with receipt acknowledgement. Any payments made by the customer will remain with us, without prejudice to any other actions we are entitled to take against the customer. The customer must return to us any products related to contracts that are terminated. Failing to return the products may lead to legal proceedings.
- suspend the access of the customer to the e-shop and even cancel their account depending on the seriousness of the breaches.
We reserve the right to decline the orders of any customers with any existing disputes.
Returns of all goods, except membranes, will only be accepted after prior complaint from the customer and our acceptance. The customer is informed that we do not accept returns of membranes. We do not accept returns of other products unless exceptional circumstances. We reserve the right to refuse the return without justifying the decision. Should we accept the return, the goods must be return at the customer’s expenses in their original packaging or in a packaging identical to the one used during the initial shipment. The packaging must include the original bar code and the lot number of the products.
Payment: the returns will cost a minimum of 20% of the value of the goods for the expenses generated to re-stock them when they are in good state for resale. Should the goods not be in proper condition for resale, it will be necessary to conduct an assessment to establish the additional cost to recondition the goods.
In all cases in which, after examination, the products delivered are considered to do not comply to the order or contains a defective material or manufacturing defects that makes them improper for use, our guarantee will be limited to the simple supply of replacement products and without any indenisations or compensations of any kinds for the labour costs, delays, losses caused, in particular non-material losses, or any other reasons that could be invoked.
The replacement is not applicable in case of normal wear of the products, damages or accidents caused by negligence, lack of monitoring or maintenance and wrong or improper use of the products.
It is the customer’s responsibility to provide all justifications related to the traceability of the products concerned for the defects and non-conformities observed.
No returns are accepted prior to our written acceptance, in particular concerning the delivery method.
The products to be replaced must be returned to our warehouse at the customer’s expenses and the eventual replacement products will be made available for collection from our warehouse. Under the penalty of forfeiture of the right to the guarantee as previously described, the complaints related to the products must be sent by registered letter with receipt acknowledgement addressed to our head office.
No complaints will be accepted for non-conformities or apparent defects if the products are used after the delivery or 8 calendar days after the delivery.
The customer is responsible for inspecting the products at their reception to ensure that they are free from defects.
Should the products present any defects, the complaint must be registered within 8 calendar days after the defect discovery and at the latest 12 months after the delivery date.
Any changes or modifications of any kind made to the product (treatment, coating, machining, … this is a non-exhaustive list), conducted by the customer, by their customer, by their subcontractors or for any other persons, releases us from any responsibilities related to the product and its use.
Should the customer, their customer, the subcontractors or any other persons demonstrate, after assessment, that the defects or non-conformities that make the product improper for use are not a result of the changes or modifications conducted, our guarantee of replacement will remain valid under the terms and conditions described above.
We have a best efforts obligation to offer access to our e-shop and the different steps for consultation, completion of forms and the placement of the order.
Therefore, we will not be liable to any inconveniences or losses caused by the use of the internet web. Namely, any disruptions in providing the service or any external intrusions or computer viruses will not be of our responsibility.
We do not have the obligation to provide advices to the customer in regards to adjusting the products to their needs.
The customer is responsible for choosing the product and for taking into consideration the technical characteristics of the product during its use according to their needs, for the suitability of the product and its conditions of use to the surroundings of where it is installed, for the use and understanding of the documentation they consult, for the results obtained, advices and actions taken on their own. Our liability therefore cannot be claimed on the ground of any of these reasons, be it related to the use of the documentation for information, an offer or an order.
Should and event beyond of our control occur disrupting or delaying the fulfilment of the delivery, in particular in case of force majeure, lack of primary material, unexpected disruptions in production, limitation or discontinuation of the production, disruptions with subcontractors or suppliers, strikes, economic or political disruptions caused by events such as war, civil war, embargos or transport disruptions, we will not be liable. The delivery time will be extended as a consequence.
If the disruption is permanent or continues for longer than one month, we will have the right to terminate the contract, without any legal formalities, via a simple registered letter with receipt of acknowledgement.
The rights applicable to the present generals sales conditions and to all our sales operations are subject to the French law.
ANY DISPUTES RELATED TO THE INTERPRETATION OR THE IMPLEMENTATION OF THE PRESENT GENERAL SALES CONDITIONS (REGARDLESS OF THE MARKET LOCATION, DELIVERY LOCATION OR THE PAYMENT LOCATION), IT IS AGREED THAT THE COMPETENT COURT OF TAMI INDUSTRIES’ ADMINISTRATIVE AREA WILL HAVE SOLE JURISDICTION IN ALL CASES, NOTWITHSTANDING ANY CLAUSE TO THE CONTRARY, PLURALITY OF DEFENDANTS AND/OR ACTIVATION OF GUARANTEE.
All the elements of the e-shop, such as images, photos, videos, text, animations, programmes, graphic charts, database tools, software and other underlying technologies are protected by the provisions of the intellectual property code and are owned by ourselves.
Our brand, as wells as all illustrations, images on the products, accessories and packaging, be in current use or not, are and will remain our exclusive properties.
All partial or complete reproduction, modification or the use of these brands, illustrations and images, for whichever reason regardless of the mean, are strictly forbidden without our prior express consent.
The company TAMI Industries is conscious that the security of your personal data during the use of our e-shop is important for you. We consider the security measures to protect your data very seriously and would like to inform you about the information that we keep and the information that we delete from our system.
You can use our e-shop without disclosing personal information. Its use is not subject to obligation to communicate data of private nature, except if they care required to provide the product or service according to your request. While you visit our e-shop, we collect in our servers data for multiple security reasons. These data can include the name of your internet service provider, the website that you used to connect to our e-shop, the links you visit from our e-shop and your IP address. This information can lead to your identification, but this is not our intention. We can occasionally use this information for statistical purposes, but we maintain the anonymity of each user so none of the users can be identified. When the personal data are provided to third parties in order to serve you, in response to your request, products or services, or for other purposes authorised by you, we use technological and organisational means to ensure that the regulations applications to data security are respected.
The personal data that we collect in our server are only those that you provide during the registration, completion of forms or electronic messages related to the ordering of a product or service, enquiries or requests for the ordered material and similar situation in which you voluntarily provide the information.
The database and its content are kept in our premises and are maintained by data processing systems or servers operating on our behalf and reporting to us. We commit, ourselves and our agents, to do not transmit your personal data to third parties, under whichever mean, unless you provide us your consent or to meet a legal or regulatory requirement. We commit ourselves to manage and to take responsibility of all personal information you may provide us.
The data collected will be used for the unique aim of providing the products and services that you have requested or for any other reasons for which you give us your consent, unless otherwise specified by the law.
We only store personal data for as long as necessary to provide the service you requested or for as long as you gave us consent, unless otherwise specified by the law (for example in case of ongoing dispute).
You have the right to review and to amend the personal data stored in our system, in particular if you think they may be obsolete or inaccurate. You can also at any time cancel your consent for future use your personal data. You can do this by simply contacting our data security officer at the address below.
For performance reasons and in some webpages, we may install blocks of information called « cookies » in order to improve the efficiency of these webpages and their use. The cookies are identifiers that our server may send to your computer to identify the computer used during the duration of the session. The majority of internet browsers allows users to automatically accept the cookies or to reject them. You can also disable the storage of cookies or configure your internet browser to avoid the automatic installation of a cookie in your computer. In the event of the cookie remaining in your computer for a period greater than the duration of the session, we commit to warn you with an automatic later removal.
TAMI Industries applies security measures, both technological and organisational, in order to protect your data against any manipulation, loss, destruction or access by non-authorised persons.
All personal data you provide to TAMI Industries will be encrypted during the transmission to avoid any misuses by third parties. Our security procedures are regularly reviewed according to technological developments.
For child protection, we do not collect, process or use in our e-shop information relative any persons who, in our knowledge, are younger than 13 years old without prior verifiable consent of their legal guardian. The legal guardian has the right to, upon request, to consult the information provided by the child and/or demand that it is deleted.
Edition Published by :
Représented by Mr. Philippe LESCOCHE, CEO
ZA Les Laurons CS65
26111 NYONS Cedex France
N° de Siren : 390 970 630 RCS Romans