GENERAL CONDITIONS OF SALE TO PROFESSIONALS

Article 1. - Scope and enforceability of the general terms and conditions of sale


1.1- These general terms and conditions of sale apply to all products sold by our company to its professional customers.
Consequently, any order for products implies the buyer's unreserved acceptance of and full and complete adherence to these general terms and conditions of sale, of which the buyer acknowledges having been made aware prior to the order and which prevail over any other document of the buyer, in particular over any general terms and conditions of purchase, unless expressly agreed otherwise in advance by our company.
1.2- Please note that in order to order, the customer must be a professional and must have the legal capacity and powers and/or authorisations required to validly conclude these general terms and conditions of sale and meet the obligations arising from them.
1.3- Any document other than the present general terms and conditions of sale and in particular catalogues, prospectuses and advertisements is only informative and indicative, not contractual.
Consequently, our company reserves the right to make any changes it deems necessary to its products at any time and to modify the models defined in its brochures, catalogues or on its website without prior notice.

Article 2. - Ordering


2.1- To be taken into account, all orders must be placed in writing or communicated by fax or email to the address indicated on the order form.
Orders sent to our company are irrevocable for the customer, unless given written confirmation by us.
2.2- Orders must include an order number, the references and description of the products in our catalogues, the price, and the number of units ordered depending on their packaging.
2.3- Our delivery unit is the standard packaging, defined product by product and presented in our catalogues. This standard packaging generally corresponds to our mini-packaging (i.e. the cardboard, the box, the case...). Orders must be placed for a whole number of these packages, excluding partial packages.
2.4- Our company reserves the right, after having informed the customer in advance and having received their agreement, to proceed with any modification of the ordered equipment, provided that this modification does not substantially affect the specifications and the proper functioning of the equipment, its installation methods and its price.


Article 3. - Delivery


3.1 Delay
3.1.1- Delivery times are given for information and indicative purposes only, they depend in particular on the availability of equipment in stock or from suppliers, the availability of carriers and the sequential order of arrival of orders.
The period indicated, which may be extended at the request of the customer and with the agreement of our company, is also automatically suspended by any event beyond the control of our company which results in a delay in delivery.
However, if the product has not been delivered within 3 months after the indicative delivery date, except in the case of force majeure, or in the case of circumstances beyond the control of our company, such as strikes, frost, fire, storms, floods, epidemics, supply difficulties, without this list being exhaustive, the sale may be cancelled at the request of either party. The purchaser may obtain the return of their deposit to the exclusion of any other compensation and/or damages.
In any case, delivery within the deadline can only take place if the customer is up to date with all their obligations towards our company.
3.1.2- Delays in delivery shall not give rise to any penalty or compensation, nor shall they be grounds for cancellation of the order.
3.2 Risks
Whatever the conditions of sale, the products always travel at the buyer's risk. In the event of a problem with the parcel (damaged parcel, open parcel, etc.) or the equipment ordered (missing or damaged equipment), the buyer must follow the procedure described below.
3.3 Transport
In the event of damage to the goods delivered or shortages, it is up to the customer to make all necessary reservations with the carrier.
Any product that has not been the subject of reservations by registered letter with acknowledgement of receipt within 3 days of its receipt from the carrier, in accordance with Article L. 133-3 of the Commercial Code, a copy of which will be sent simultaneously to our company, will be considered accepted by the customer.
3.4 Reception
Without prejudice to the measures to be taken by the customer with regard to the carrier as described in article 3.3, in the event of apparent defects or shortages, any complaint, whatever its nature, concerning the products delivered, will only be accepted by our company if it is made in writing, by registered letter with acknowledgement of receipt, within 3 days as provided for in article 3.3.
It is the buyer's responsibility to provide any justification as to the reality of the defects or shortages observed.
They must allow our company every opportunity to proceed with the detection of these defects and to remedy them. They shall refrain from intervening themselves or from having a third party intervene for this purpose.


Article 4. - Returns


Any return of products must be formally agreed between our company and the customer. Any product returned without this agreement will be held at the customer's disposal and will not give rise to a credit note. The costs and risks of the return are always at the customer's expense. Unless agreed by our company, no returns will be accepted after 30 days from the date of delivery. Returned goods shall be accompanied by a return slip issued by our company, and must be returned in the same condition as they were delivered. The equipment must be returned in its original packaging, at the sender's expense, to the address indicated on the return form. The amount of the trade-in will be determined according to the condition of the equipment and packaging and may not exceed 80% of the value of the goods.
Special orders cannot be returned under any circumstances.


Article 5 - Contractual guarantee


5.1- The warranty conditions of the equipment are specified product by product according to the warranty granted by the manufacturer. Our company cannot be held responsible for any warranty beyond the warranty granted by the manufacturer.
5.2- In the absence of conditions communicated with the equipment, the warranty is for a period of one year from the date of delivery. Interventions under the guarantee do not have the effect of extending its duration.
5.3- The only obligation of our company under this warranty shall be the replacement or repair of the products by our services and at our expense.
The guarantee does not apply to the repair of damage caused by:
-incorrect use, failure to observe the rules indicated in the instructions for use, package leaflet or the user manual;
-installation of the equipment not in accordance with the instructions for use, the package leaflet or the user manual;
-an environment in which the equipment used that is not in accordance with its instructions for use, its package leaflet or its user manual;
-any trace of attempted repair by a third party without our prior written consent;
-any modification, installation of accessories, software or interfaces, any dismantling, or in general any use not provided for in the instructions for use, the package leaflet or the user manual;
-the use of an electrical current or consumption current that is unsuitable for the equipment;
-normal wear and tear of the equipment or its component parts.

Article 6. - Limitation of liability


6.1- Our company shall not be liable for the obligations under these general terms and conditions of sale in the event that the non-performance of its obligations is attributable to a third party, even if it is foreseeable, to the customer's fault, to the occurrence of an event of force majeure or to any other event that was not under the exclusive control of our company
6.2- Neither can our company be held responsible for any damage caused to the customer or a third party as a result of improper use of the equipment
6.3- Our company cannot be held responsible for indirect or consequential damages of any nature whatsoever, including, but not limited to, loss of profit, loss of revenue, loss of opportunity, damage to image, loss of customers or interruption of operations.
6.4- The liability of our company in relation to an order shall in any event be limited to the amount of the order in question.

Article 7. Prices
7.1. Prices
7.1.1- The prices of the products sold are those shown on the quotation from our company. Unless otherwise stated in the quotation, the quotation remains valid for 30 days from the date of issue.
They are expressed in legal currency and are exclusive of tax.
7.1.2- These prices do not include shipping costs, which are charged in addition to the price of the equipment purchased. The shipping costs will be indicated on the quotation of our company before the order is placed by the customer.
7.1.3- Any tax, duty or fee to be paid in application of French regulations, or those of an importing country or a country of transit, or which may become applicable on the date of delivery, shall be borne by the customer.
7.1.4- Purchase invoices are sent to the customer by simple letter or by email.

7.2.Terms of payment
7.2.1.- Unless otherwise expressly provided for in the special conditions, the sale price is payable in cash at the time of order, net and without discount.
A 50% deposit is required for all orders involving special production, payable at the time of ordering.
In the event of late payment, the seller may suspend all outstanding orders, without prejudice to any other course of action.
In the event of non-payment of a single instalment on the agreed date, our company may, eight days after sending a formal notice of default without effect, demand payment of the balance of the price due, the forfeiture of the term being acquired by operation of law.
7.2.2.- Any sum not paid on the due date indicated on the invoice shall automatically entail the application of penalties equal to three times the legal interest rate.
Late payment penalties are payable without the need for a reminder.
Pursuant to Article D.441-5 of the French Commercial Code, in the event of late payment, the debtor shall automatically owe the creditor, in addition to the late payment penalties already provided for by law, a fixed indemnity for collection costs of 40 Euro.
7.2.3.- In the event of non-payment eight days after sending a formal notice without effect, the sale will be terminated by operation of law. Our company may also request the return of the product(s) in summary proceedings without prejudice to any other damages.
The customer shall reimburse all costs incurred in the contentious recovery of the sums due, including the fees of legal officers and lawyers. Any invoice recovered by the legal service will be increased by a fixed indemnity of 10% as a non reducible penalty clause within the meaning of Article 1229 of the Civil Code.

Article 8. - Reservation of ownership


The products are sold under reservation of ownership.
Our company retains ownership of the products until full and effective payment of the price by the customer.
In the event of non-payment on the due date, our company may reclaim the products and rescind the sale, as specified above.
Cheques and bills of exchange are not considered as payments until they are actually cashed.
Until this date, the retention of title clause shall remain in full force.
These provisions do not prevent the transfer of the risks of the products sold upon delivery.
The customer undertakes not to transform or incorporate said products, nor to resell them or pledge them, until the price has been paid in full, on pain of immediate reclamation of the products by our company.

Article 9. - Applicable law and jurisdiction


The present general conditions of sale shall be governed by French law.
The courts of BOURGES shall have exclusive jurisdiction in the event of any dispute of any nature or any dispute relating to the formation or execution of the order.
This clause shall apply even in the event of summary proceedings, incidental claims, multiple defendants or third party claims, and regardless of the method and terms of payment, without the jurisdiction clauses that may exist in the buyers' documents being able to prevent the application of this clause.

Welcome to GYNACCESS

In accordance with the 2011-2012 law of December 29, 2011 and in order to access the content of our site, we thank you for confirming that you are indeed a health professional.

YES