General Terms and Conditions of Sale
Here you will find all the information regarding our offers, orders, deliveries, guarantees and payment terms.
Preamble
SMC SAS is a company with a capital of €5,000, headquartered at 24 rue Louis Blanc, 75010 Paris, registered with the Paris Trade and Companies Register under number 801 442 823. Its business activity is the design, import, and marketing of wireless calling systems. SMC SAS will be known to the general public under the trade name YUCALL.
Clause n°1 : Objet
The general terms and conditions of sale described below detail the rights and obligations of SMC SAS and its customer in the context of the sale and rental of the following goods:
- YuCall call button
- YuCall Watch
- Bipeur YuCall
- Support a plexiglass YuCall
- YuCall cell tower
Any service provided by SMC SAS implies the buyer’s unreserved acceptance of these general terms and conditions of sale. SMC SAS reserves the sale and rental of these products to the territory of the European Union.
Clause n°2 : Prix
The prices of goods sold and/or rented are those in effect on the date the order is placed. They are quoted in euros and are exclusive of tax. Consequently, they will be increased by the applicable VAT rate and shipping costs on the date of the order. SMC SAS reserves the right to modify its prices at any time. However, it undertakes to invoice goods ordered and services rendered at the prices indicated when the order was registered.
Clause No. 3: Discounts, rebates and allowances
The prices offered include any discounts and rebates that SMC SAS may grant based on its performance or the buyer’s assumption of certain services.
No discount will be given for early payment.
Clause No. 4: Payment Terms
Orders are paid for as follows:
- Either by check made payable to YuCall;
- Either by bank transfer
Payment is made upon receipt of the order or on the day the service is provided.
Clause No. 5: Late Payment
If the customer is in default of total or partial payment 30 days after receipt of the order or service, the buyer must pay SMC SAS a late payment penalty equal to the legal interest rate plus 10%, in addition to the fixed compensation of €40 provided for in Article D441-5.
The applicable legal interest rate is that in effect on the date of delivery of the goods and/or provision of the service.
This penalty is calculated on the total amount including tax of the sum remaining due, and runs from the date of payment without any prior formal notice being required.
Clause No. 6: Termination and Retention of Title Clause
If, within fifteen days of the implementation of the “Late Payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the award of damages to the company SMC SAS.
SMC SAS retains ownership of the goods sold until full payment of the price, including principal and any additional charges. Therefore, if the buyer becomes subject to receivership or liquidation proceedings, SMC SAS reserves the right to reclaim, within the framework of the insolvency proceedings, the goods sold but remaining unpaid.
Clause No. 7: Delivery / Delivery Costs
The delivery has been made:
- Either by direct delivery of the goods to the buyer;
- Either to the location indicated by the buyer on the order form via a Colissimo with acknowledgment of receipt.
The one-month delivery time indicated when the order is registered is only an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products shall not entitle the buyer to:
- The awarding of damages;
- Order cancellation.
The risk of transport is borne entirely by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail with return receipt requested.
Clause No. 8: Warranty and After-Sales Service
Our products are guaranteed for one year (parts only, excluding batteries) from the invoice date. “Parts” refers to any manufacturing defect in the product. The warranty will not apply if the product is used in a manner other than that recommended in the instruction manual. The defective product must be returned to SMC SAS headquarters via Colissimo with proof of delivery for a standard exchange.
The customer must keep proof of postage from the return carrier. Without this proof, no exchange can be processed in the event of a lost package.
SMC SAS cannot be held responsible for damages related to misuse of its products or those related to accidental breakage.
Clause n°9 : Force majeure
SMC SAS shall not be held liable for any failure to perform or delay in performing any of its obligations under these terms and conditions of sale if such failure or delay is due to force majeure. For the purposes of this clause, force majeure shall mean any external, unforeseeable, and irresistible event as defined in Article 1148 of the French Civil Code.
Clause 10: Jurisdiction
Any dispute relating to the interpretation and execution of these general terms and conditions of sale shall be subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Versailles.
Done in Paris on 04/02/2016
