Terms and conditions :

   1.1 - PREAMBLE
   1.2 - DEFINITIONS
   1.3 - COMPANY
   1.4 - OBJECT
   1.5 - PROTECTION OF MINORS
   1.6 - PRODUCTS
   1.7 - PRICE
   1.8 - MEANS OF PAYMENT
   1.9 - RIGHT TO RETRACT
   1.10 - RIGHT OF RESOLUTION
   1.11 - EXECUTION OF THE ORDER
   1.12 - LEGAL GUARANTEE
   1.13 - ECO PARTICIPATION
   1.14 - NOMINATIVE INFORMATION
   1.15 - DOUBLE CLICK AND PROOF
   1.16 - CONDITIONS SPECIFIC TO SALE ON ESTIMATE
   1.17 - ARCHIVING DOCUMENTS
   1.18 - INTEGRALITY OF THE CONTRACT
   1.19 - RESERVATION OF PROPERTY
   1.20 - RESPONSIBILITY AND OBLIGATION TO INTERVENE A PROFESSIONAL
   1.21 - GENERAL PROVISIONS AND APPLICABLE LAW
   1.22 - DELIVERY

1.1 - PREAMBULE

You are currently connected to one of the websites administered by Tubeclampstore.com. The purpose of this document is to inform you about www.tubeclampstore.com and its general terms and conditions online (Contractual Conditions). You must read carefully the provisions that follow, because they constitute an electronic contract establishing the general conditions of sale of the electronic shop of www.tubeclampstore.com. The "Double-Click" that you will execute after completing your order form constitutes the validation of it and will be worth irrevocable acceptance of these Contractual Conditions when your order has been validated.
As a result, you may only order products and / or services if you agree to all of the terms and conditions set out below. The internet user (natural person with the capacity to contract) and Tubeclampstore.com company are hereinafter referred to as "the parties", and individually "the party".

1.2 - DEFINITIONS

In this contract, each of the expressions mentioned below will have the meaning of its definition, namely:
- « the company» : Tubeclampstore
- « distance contract » : any contract concerning the ordering of products and / or services concluded between the company (*) and a customer (*) within the framework of a system of sale or services of distance service organized by the company (*) which, for this contract, exclusively uses the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- « customer » : any natural person who, in this contract, acts in a special capacity or as a representative of a legal person and who has the right to contract.
- « purchase order » : document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by "double click" (*) to engage him.
- « commande » : act by which the customer agrees to purchase products and / or services and the company (*) to deliver and / or provide it.
- « product » : sold or service provided by the company.
- « double click » : reiteration of the validation of the Purchase Order by the customer.
A purchase order completed and validated a first time is never taken into account without the confirmation of the customer. This confirmation can be made through a checkbox accepting the Contractual Conditions, or a confirmation of the order.

1.3 - COMPANY

www.tubeclampstore.com is part of the group IO.

Dénomination: SARL IO
- SIRET : 75091811200020
- NAF : 4690Z
- TVA Intracommunautaire : FR 61 750918112
- Adresse : Echiol, 07240 Saint Apollinaire de Rias.
- Téléphone : 04 34 11 24 58
- Adresse mail : [email protected]

1.4 - OBJET

This contract is an electronic distance sales contract which aims to define the rights and obligations of the parties in connection with the sale of products offered by www.tubeclampstore.com. In this sense, it complies with the French regulations in force, namely:
- Law 2004-575 known as the Law for confidence in the digital economy.
- Law 2008-3 of 3 January 2008 for the development of competition in the service of consumers.
- Recommendation No. 07-02 of the Unfair Contract Terms Committee on internet sales contracts It is also in line with the OECD recommendations in the field of electronic commerce.

1.5 - PROTECTION OF MINORS

Our company attaches particular importance to the protection of minors as part of its online business. Although minors can act alone in cases where the law or practice authorizes them to act alone (article 389-3 cd civ), and this especially for purchases of low value, it seems essential to us try by any means to verify that the customer has the power to contract. For this purpose, we may ask any customer placing an order on our site to prove their ability to contract, this in compliance with the obligations of Law 78-17 as amended. In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of it to rescind (cancel) the sale under Article 1305 of the Civil Code.

1.6 - PRODUCTS

The products offered by www.tubeclampstore.com are presented on the sites in French language. Any national of the European Community and the countries respecting the directive 95/46 / CE can not assert his linguistic ignorance as clause of cancellation of the contract. The products offered for direct sale on www.tubeclampstore.com are those which appear on the site www.tubeclampstore.com, on the day of the consultation of said site by the Net surfer, and within the limit of available stocks. The illustrations presented on the site are the reflection of the products on sale on this one, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colors of the screen of the surfer ....).
Due to the specificity of the internet network, the company does not guarantee on its website the availability of all products in real time. In the event of temporary or permanent unavailability of one of the products, the company will inform users through its website or sending an email to a valid email address provided by the customer. The company will then propose the replacement of the product ordered by an equivalent product (quality and price), or a credit note, or exercise your right of cancellation (cancellation of your order).

1.7 - PRICE

The prices of the products may be changed at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.tubeclampstore.com.
In case of obvious typographical error, leading to the display of a "low price", the sale may be canceled, as mentioned in the article "Execution of the order". The mentioned prices are in Euros (€), presented including all taxes and include the expenses related to the treatment of the orders. Delivery rates are the responsibility of the customer, unless otherwise stipulated in the order process.
The different delivery options (along with their rates) are presented during the ordering process and specified during the summary of it. Payment of the full price must be made at the latest upon delivery of the products, unless otherwise specified in the order process and mentioned on the invoice. In the event of delivery of products outside the French territory, customs taxes and formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer then undertakes to check the possibilities of importing the ordered products with regard to the territory of the country of delivery.

1.8 - MEANS OF PAYMENTS

The payment of the orders is carried out mainly by 3 distinct means:
- Cash online, by credit card (Validation immediate order).
- By bank transfer (Validation order 24 / 48h).
- By check sent to headquarters (Validation order 7 days).
No discount will be granted in case of advance payment.
In case of payment by check, the start of production is only started after receipt of the payment order and validation of the bank.

1.9 - RIGHT TO RETRACT

For items that are not personalized (branded product ...), the non-professional buyer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, to the except for the cost of return.
This period runs from the receipt of the goods ordered. When the period of fourteen days expires on a Saturday, a Sunday or a public or non-working day, it is extended until the first following working day. The products must imperatively be returned in new condition and in their original packaging. Otherwise, all costs of restoring the product would be borne by the buyer.
For so-called custom or consumable items (tube, rubber bands, thermo-lacquered products, interclamp brand fittings, etc.), the buyer does not have the right of withdrawal because the products are made to measure at the request of the customer.
For returns of branded product whose amount of orders are> 2000 € Ht, a discount will be applied of the order of 15%.

1.10 - RIGHT OF RESOLUTION

In accordance with Article L. 121-20-3 of the Consumer Code, we will indicate when ordering the maximum delivery date of it. In the case of an overrun of 7 working days from this delivery date (except in case of force majeure within the meaning of the Act), you will be entitled to pronounce the resolution of your order by registered letter with acknowledgment of receipt within a period 60 days after the initial date of delivery. In this case, we will refund the full amount paid (excluding any return costs), and this within a maximum of 30 days of receipt of your RLRI.

1.11 - EXECUTION OF THE ORDER

The company reserves the right to refuse the order for a "legitimate reason" (in the sense defined by the jurisprudence), and in particular (without this list being restrictive) in case of unavailability of the product, impossibility to execute the service, improper client request, presumption of impossibility for the client to contract or manifest intent for the client to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a "low price", and this at the time of the order placed by the customer. In the case of a difference of interpretation between "low price" and "low price", concerning the price displayed on the website at the time of the customer's order, it may request the intervention of a third party, as provided in Article "Applicable Law". The order will be executed at the latest in a period not exceeding 7 days the expected date of delivery of the product or service mentioned during the order subject to the acceptance of this one by the company.
For deadlines concerning the different types of services (personalization ...), please contact us. An invoice will be automatically sent to the customer when ordering. This will be sent to the email address indicated by the customer when ordering, unless otherwise specified by him.

1.12 - LEGAL GUARANTEE

The customer benefits from a contractual guarantee on the products supplied by the company. This guarantee is displayed on www.tubeclampstore.com and its duration varies according to the category of products ordered. Additional warranty services may be offered depending on the products ordered. Their scope and pricing will be specified during the ordering process.
In accordance with articles L 211-4 and following of the Consumer Code, as well as articles 1641 and 1648 of the Civil Code, the user also has a guarantee allowing him to return the defective products delivered.· Article L211-4 code of consumption The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. Article L211-5 code of consumption.

To be in conformity with the contract, the property must:

1 - Be fit for the usual expected use of a similar good and, where appropriate: - Correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model; - Present the qualities that a buyer may legitimately expect with respect to public statements made by the seller, the producer or his representative, including advertising or labeling;

2 - Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L211-12 code of consumption, The action resulting from lack of conformity is prescribed by two years from the delivery of the property. Article 1641 civil code, The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish so much this use, that the buyer would not have it acquired, or would have given a lower price, had he known them. Article 1648 to the 1st civil code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

Responsibility : Tubeclampstore is responsible for the proper performance of the obligations arising from the contract concluded at a distance, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against them.
Tubeclampstore.com can not be held responsible for the non-performance of the contract concluded, following the occurrence of an event of force majeure (within the meaning provided by the Law) and in particular in case of total or partial strike of the postal services, carriers , and disasters caused by floods or fires.
This limitation of liability also applies to the non-performance of the said contract, due to the unpredictable and insurmountable nature of a third party who is not a party to the provision of the services provided. Regarding products purchased to meet business needs, Tubeclampstore.com will not incur any liability for any consequential damages as a result of this, business interruption, loss of profit, damages or costs, which may occur. The choice and purchase of a product or service are under the sole responsibility of the customer.
The total or partial impossibility to use the products in particular because of the incompatibility of the material can not give rise to any compensation, reimbursement or questioning of the Tubeclampstore.com responsibility, except in the case of a hidden defect proven , non-compliance, defectiveness or the exercise of the right of withdrawal.

1.13 - ECO PARTICIPATION

Under study.

1.14 - NOMINATIVE INFORMATION

The information requested from the Customer is necessary for the processing of his order and may be communicated to the contractual partners of the company (accountants, lawyers ....).
They may also be forwarded to any competent authority for the settlement of disputes between the company and one of its customers. The customer can consult in our section "data protection", the characteristics of the processing of personal data used via the site www.tubeclampstore.com. The customer may also exercise his rights of access, rectification and opposition according to the methods mentioned in the "Data Protection" and "legal notices" sections of the company.

1.15 - DOUBLE CLICK AND PROOF

The "double click" associated with the authentication and non-repudiation procedure of the customer when ordering and acceptance of these Contractual Terms and Conditions constitutes validation of the order and conclusion of the contract, in accordance with the provisions of article 1369 -5 of the Civil Code. The computerized registers, kept on the servers of the company as well as on the servers of its banking establishments, will be considered as refutable presumptions (refutable) communications, orders and payments intervened between the parts.
Under no circumstances will the company record telephone conversations between a member of the company and one of his clients or prospects. In the case of outsourcing of their customer service, the company undertakes to prohibit their partner responsible for the implementation of this service, such registration, including as part of a "service improvement". ".

1.16 - CONDITIONS SPECIFIC TO SALE ON ESTIMATE

Without prejudice to the provisions referred to in these general conditions of sale, the following specific conditions are provided in case of sale on quotation.

A - Quotation :
Tubeclampstore.com undertakes to transmit within 48 hours a free quote to any person who requests it via the contact form available on the site or by email to [email protected]. The quote will describe in detail the service to make, delivery time, terms of payment (online payment, bank transfer or check) and delivery, as well as the total cost of the service.

B - Rate Revisions :
Prices are free and can be revised at any time without justification. But the rates applied to the customer are those in force at the time of signing the quote. They remain valid for one month from the date of issue of the quote.

C - Order :
The signature of the estimate accompanied by the handwritten form "good for agreement" implies unreserved acceptance of the quote and these general conditions of sale. The beginning of the service will take effect from receipt of this signed order form and the payment. The customer is responsible for the veracity of the elements provided and their communication to Tubeclampstore.com in due form. A delay in delivery or the transmission of incomplete or defective documents will result in a postponement of the execution time, or even an increase in the estimate or cancellation of the order. Any modification of the order by the customer will give rise to a new estimate.

D - Deadlines :
The delivery time mentioned on the quote is given as an indication and without guarantee. It runs from receipt of the signed and approved quote. Tubeclampstore.com undertakes to do everything in its power to respect the deadline indicated, but can not be held responsible for a delay in case of force majeure or serious problem. A delay of delivery can in no case give rise to a refund. The customer will then have the opportunity to accept a new deadline or cancel the order.

E - Confidentiality :
Tubeclampstore.com undertakes to keep confidential any information communicated by the customer as part of the performance of the service. Unless otherwise stated during the quotation, the customer authorizes Tubeclampstore.com to display his name and the nature of the work carried out in his references.

F - Communication email :
Tubeclampstore.com communicates mainly by email for reasons of speed of communication, Tubeclampstore.com is not responsible in case of non-reading by the customer of his emails, in case of email filtered by the customer's email account or the suppliers of Internet access, or any other filter, or more generally any other problem related to the routing of an email that is outside the jurisdiction of Tubeclampstore.com.
Tubeclampstore.com is not responsible for an incorrect email address sent by the creator of a customer account.

1.17 - ARCHIVING DOCUMENTS

The archiving of transaction data is carried out on a reliable and durable support, in accordance with Article 1348 of the French Civil Code. It is therefore carried out in accordance with the AFNOR Z 42-013 standard concerning the design and operation of computer systems in order to ensure the conservation and integrity of the records stored in these systems.

1.18 - INTEGRALITY OF THE CONTRACT

These general conditions express the entirety of the obligations of the parties. No general or specific condition communicated by the Customer may be incorporated into these general conditions, except in the event of prior agreement between the parties prior to the conclusion of the contract.
The fact that the company does not claim a breach by the Customer, to any of the obligations referred to herein, can not be interpreted for the future as a waiver of the obligation in question. The company reserves the right to adapt or modify at any time these Contractual Conditions. In case of modification, it will be applied to each order the Contractual Conditions in force on the day of the order. The company will also keep on its servers all the time-stamped versions of the Contractual Conditions.

1.19 - RESERVATION OF PROPERTY

The products delivered to the customer remain the property of the company as long as the contract has not been executed in full. On the other hand, the transfer of risks takes effect from the actual delivery of the products and / or services ordered on the e-shop. The documents provided to the client are governed by the Intellectual Property Code. They therefore remain the property of the company. It is therefore forbidden to reproduce, assign, or exploit the documents provided without the consent of the company.

1.20 - RESPONSIBILITY AND OBLIGATION TO INTERVENE A PROFESSIONAL

All items sold by Tubeclampstore.com are to be assembled and fixed by a professional who meets all the legal obligations in force at the time and on the place of assembly.
The professional must have the skills, training, equipment and tools and knowledge of standards and formalities in force (eg standard railing .. prior authorization request ...).
The company Tubeclampstore.com can not be held liable for damage resulting from assembly by a non-professional or assembly with undersized elements and / or inadequate fasteners.

1.21 - GENERAL PROVISIONS AND APPLICABLE LAW

The present GTC are divisible, in the sense that the nullity of one of their clauses can not carry away nullity of all the clauses which constitute them, and which will continue to produce their effects between the parts.
Consequently, the fact that one of the parties does not invoke one of the clauses does not imply a waiver of the other clauses of these Terms. This contract is subject to French law, in accordance with European directives. This is so for both the substantive rules and the rules of form.
In the event of any dispute arising between the Parties regarding the validity, performance or interpretation of the Contract, the Parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution. From the date of receipt of the letter notifying the existence of a dispute, the Parties shall have a period of three months to attempt to terminate it amicably. During this period, each Party shall refrain from taking legal action against the other Party.
The present dispute settlement procedure is a mandatory prerequisite for the initiation of legal proceedings between the Parties. Each Party undertakes to respect its terms under penalty of inadmissibility of the legal action brought in violation of this clause. Failure to note in writing their mutual agreement to the termination of the dispute at the end within this three-month period, each party will be free to assert its rights in court.
In accordance with the provisions of articles 46 to 48 of the NCPC, the French courts will have sole jurisdiction. In case of litigation, the commercial court of the Bar of Ardeche (France) will be competent, but the non-commercial Client may also approach the competent jurisdiction under the common law.

1.22 -DELIVERY

Information concerning the dimensions, deadlines, prices and delivery company are available in the section "delivery information". Once the product is ready, it is given to the carrier for the time chosen by the customer when the quote or purchase.
When receiving your order and before the departure of the carrier:
- It is imperative that you proceed with the opening of the latter and its verification, both as regards the conformity and the quantity of the products.
- You will sign for this purpose a delivery note or transport.
- You will be able to make the necessary reservations, circumstantiated, legible, the most precise possible in the event of anomalies noted (breakages, damages, non-conformity: error of Product, color and / or different dimensions, missing, etc.).
In this case, you will have to refuse delivery the package. You will confirm your reservations either by mail to the following address [email protected] or by phone at the following number: 04 34 11 24 58 (non-surcharged number), clearly specifying the number of the order concerned within a period of 3 days, not including the holidays, following the delivery.

In the event of proven non-compliance or if Tubeclampstore.com agrees to take back your product on a commercial basis, the new shipment of the products concerned will be done within the limit of the availability of stocks. Otherwise, we will cancel the product not available and its refund.
In the case of an accepted delivery which you consider as non-compliant, a study of your request will be made for which we thank you to send us a photograph of the product which you consider non-compliant to the address [email protected].

Warning: In the absence of reservations or cases of insufficient reserves, we reserve the right to refuse the return, exchange or refund of your products. As soon as you have signed the delivery note, without any specific reservation, the responsibilities of the carrier and www.tubeclampstore.com will be released as damages possibly incurred during delivery operations. It is reminded that the mention "subject to unpacking" or "risk missing part" is devoid of any legal effect and can not relieve the customer of his duty to control the condition of the goods delivered.

If the driver does not give you time to check the condition of the goods (quality and quantity), for whatever reason, it is imperative to specify it on the waybill and have the driver countersigned. In the absence of precise reservations on the delivery note, the goods will be considered as delivered in conformity.
For bulky packages, plan to be reachable and with reinforcement because in the contract of carriage of the company it is stipulated that the parcel is deposited by the carrier to the address of the customer but not in front of the door. Of course in most cases the help of the carrier is observed but according to his schedule and his instructions he is not required to do so.

"All rights of reproduction of these general conditions of sale and legal notices are reserved to the Cabinet of Master Timothée VIGNAL"

Tubeclampstore
Online sale of tubular fittings.