Conditions of Sales for Professionals

The professional buyer acknowledges the general conditions of sales (below) referenced in this contract and accepts them as a part of the sale contract.

Sommaire

HEAT4ALL FRANCE (DEGXEL), 12 rue rodin – 44100 Nantes
RCS Nantes FOXOF 518847967, TVA FR76518847967

Article 1. Subject

Article 2. Orders

Article 3. Products – Prices

Article 4. Payment Terms and Security

Article 5. Delivery and Responsibilities

Article 6. Guarantees and After Sale Service

Article 7. Retention of Title and Cancellation Clause

Article 8 : Privacy Policy and General Data Protection Regulation (GDPR  of the European Union)

The www.degxel.com/prosuk website (hereinafter called « the website ») is exclusively available to our business partners. It is published by the Foxof company, limited liability company with a capital of 67 500€ with headquarter located at 12 rue rodin – 44100 Nantes, registered in the trade and company register in Nantes under the number 518847967. Foxof acts as the seller and the dealer as the buyer. The dealer that makes a purchase through the website or through a standard order form, states to have full legal capacity for this act.

Article 1 : Subject

These general conditions of sales are intended to define, exclusively because of the relationships they establish on the Internet, the rights and obligations of the parties incurred from the online sale of products and services offered on the website. These general conditions are the only ones applicable and replace all other conditions, unless prior written derogation. Foxof may be occasionally obliged to modify certain provisions of these general conditions, so it is necessary for you to reread them before each visit of our website, or at least before each order. We consider by validating your order that the buyer accepts without reservation our general conditions of sales after having read them. Similarly, by accessing the site, you agree to the general conditions as well as the conditions of use contained therein.

Article 2: Orders

To place an order we offer you the following methods described on the page: www.degxel.com/prosuk

Given the large number of references in our catalog, it is essential that the order includes the item codes related to the products ordered. Our customer service can help you in this process. For any request concerning your invoice or your order, our sales department is available from Monday to Friday from 8 am to 11am and from 12 am to 4 pm. Please provide yourself with your order references.

Orders sent directly by the buyer, engage directly the seller only when these orders have been accepted by the latter. The acceptance of general conditions is not conditioned by a handwritten signature from the buyer, in accordance with the provisions of the article 1316-4 of the Civil code, supplemented by Decree N°2001-272 from the 30 March 2001, taken for the application of Article 1316-4 of the Civil Code and related to the electronic signature. It is recalled that the validation of the order (proforma invoice) constitutes an electronic signature which has got the same value between the parties as a handwritten signature and is proof of the entire order and payment due pursuant that order. Any purchase order constitutes an irrevocable acceptance which can be challenged within the limits provided in these general conditions of sales. The records stored in Foxof computer systems will be considered as proof of communications, orders and payments between the parties.

The business of buying (orders) relating to these general conditions of sale are exclusively reserved for professionals in the field of heating or prescribers related to this field. The buyer therefore declares unconditionally to be a professional of a capacity to analyze the offer of technical products offered on our website www.degxel.com/prosuk (either through his own internal resources or by means of a professional assistance adapted to his choice). The technical choices made by the buyer are directly attributable to himself. As a result, orders validated by Foxof company are firm, non-cancellable and non-refundable after the receipt of the order or the pro forma invoice accepted by the buyer. The settlement of the pro forma invoice worths the acceptance of such order.

Any changes of orders or any accessory or derogatory conditions as to the purpose and conditions of sales are only valid insofar as they appear in the offer or if they have been validated by the seller. Accordingly, any clause from the buyer, not accepted in writing by the seller, which would be in conflict with these general conditions would be considered void.

Foxof reserves the right to refuse to execute a delivery or to accept an order by a dealer who wouldn’t have fully or partially paid a previous order or with whom a dispute is being administered.

Article 3: Products – Prices

Our product offers and prices are valid until they are visible on this unique page: www.degxel.com/prosuk. This page is the reference to a specific date. The products are in stock and deliverable under 3 weeks approximately. In case of unavailability, we are committed to promptly contact you by email or by phone to inform you of this situation and when that product could be delivered.

The pictures associated with the products do not enter the contractual framework with the dealer. Indeed, the concepts of colours, in particular, are very subjective depending on computer screens where the user consults the offers. Indeed, the concepts of colours, in particular, are very subjective depending on computer screens where the user consults the offers. Therefore, if these elements were to present for any reason a wrong character (for the client), Foxof could not be held responsible. That’s why it is up to the dealer to purchase a color chart or a demonstration kit that allows him to perfectly know the products that he then resells to his clients.

Regarding the use of products of any kind, it is imperative to refer to the manual before use and especially the commissioning section.

We are committed to apply the current rates that were displayed on the website at the time of your order. The prices listed on the site are in Pounds and include all taxes. They include the shipping costs. In all cases, this information is clearly indicated in several steps of the order process. The prices are subject to French VAT.. According to the law, we are obliged to charge VAT for orders shipped in Europe.

Article 4: Payment Terms and Security

Authorized payment methods are payments by bank transfer and by credit cards. The settlement of the entire order is required when placing order, no exceptions. Goods can only be shipped after the confirmation of receipt. We confirm the reception of your payment and therefore the validation of your order. In the case of deferred payments (subject to prior agreement), a lump sum of 40 £ is due as of right from the first day of late payment. Late payment penalties are equal to the refinancing rate of the ECB of the current year increased by 10 points.

Article 5: Delivery and responsibilities

A shipping confirmation email will be sent to you. In all cases, you can check your order and track its progress directly on our website, in your customer account.

The product ordered is delivered by a specialized carrier, independent of our company. The product is delivered to the address on the purchase order and only at this address (no changes after order confirmation). Foxof  reserves the right to modify at any time the carrier to deliver the order. This is also true in case of removal and/or redelivery within the framework of the after sale service. For parcel tracking reasons, it is impossible to deliver the order to military bases or other similar premises..

We do our best to meet the delivery deadlines announced when placing order. Any possible delays cannot in any case justify the payment of compensation.

The deadlines we show are average times and correspond to the time of processing, preparation and shipping of your order to which the transportation time must be added. It is stated that orders received on Saturdays, Sundays or holidays are processed the next business day. For orders consisting of several products or containing a pre-order item, the shipping time of this order is based on the longest shipping time of all items.

******************************** Checks on delivery **********************************

The dealer, his client or in any event the person receiving the goods has the legal and contractual obligation to verify the physical conformity of the delivered goods at the time of delivery and before signing the delivery note of the delivery man.

Our goods travel at the risk of the recipient who must by taking possession of the parcels verify them in the presence of the delivery man even if the packaging seems to be intact. If the items were damaged, there are some missings or a substitution or any other mistake, the buyer must IMPERATIVELY refuse the parcel and note a detailed handwritten reserve, signed and dated on the delivery note (electronic or not) of the carrier (example: parcel refused because opened or damaged). Foxof declines any responsibility and will not compensate the recipient or the dealer, if during the reception of the opened or errant parcels, the recipient has not refused the parcel in the presence of the carrier. This verification is considered as done once the recipient or any other person receiving the goods at the shipping address of the order has signed the delivery note of the carrier. The transport risks are borne by the seller, provided that the buyer has verified the goods upon arrival and has exercised (pursuant to articles 105 and 16 of the Commercial Code), where appropriate, his appeal by a registered letter against the carrier within 2 working days, even in case of free delivery. The dealer must transmit a copy of this letter by registered mail, accompanied if applicable by a damage report or statement of anomaly obtained from the carrier, to Foxof – Customer Service – 12 rue rodin– 44100 Nantes.

Unless otherwise agreed, the seller is free to choose the carrier. In the case of a loss of parcels during the transport, the investigation deadlines which vary according to the carrier are generally in the order of 2 to 3 weeks. Foxof reserves the right to wait until the end of the investigation of the carrier before re-delivering any new product to the customer.

Foxof cannot be held responsible in case of force majeure or events such as lockout, strike, full or partial work stoppage in the factory of the seller or its suppliers (including postal and transport services), epidemic, war, requisition, fire, flood, interruption or delay in transportation, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods. The seller will inform the buyer in a timely manner of the cases and events listed above. In any case, the delivery within the deadlines can happen only if the buyer is complying with his obligations towards the seller regardless the cause. Foxof will not be liable for any indirect damages, operating or profit loss, damages or expenses that might arise from the purchase and use of any product displayed on our website.

Article 6: Guarantees and After Sale Service

Foxof cannot be held responsible for the misuse of its products.

The selection and the purchase of a product or a service are under the sole responsibility of the dealer. The total or partial inability to use the products due to incompatibility of the equipment cannot give rise to any compensation, reimbursement or impleading the responsibility of Foxof, except in the case of a hidden defect found, nonconformity, defect. The responsibility of Foxof will be in any event limited to the amount of the order. The Foxof company is not the producer of the products sold within the meaning of the law n°98-389 from the 19 of May 1998 concerning the liability for defective products. Therefore, in case of damages caused to a person or a property by a defect of the product, only the responsibility of the producer thereof may be sought by the buyer.

Each device is subject to a legal guarantee provided by the articles 1641 of the Civil Code as well as by the manufacturer’s guarantee. The manufacturer’s guarantee is 5 years for the heaters, 2 years for the decoration and 2 years for the thermostats and control elements. The latter is the reference since it sets the initial date of the assumption of guarantee. This guarantee supersedes the guarantee possibly indicated in any manufacturer’s instructions supplied with the product.

In case of failure during the period of guarantee, the repairs will be  performed free of charge by the manufacturer.

This guarantee is as follows: the replacement of defective parts, labor in manufacturer workshops only. The transport costs remain to the customer. It is the dealer’s responsibility to send the defective product at its own expense to the After Sale Service (manufacturer), after prior agreement with Foxof company.

The seller’s guarantee is limited to repair, partial or total replacement of goods found defective by Foxof or the manufacturer, taking account of the use which has been made, and this under the free choice of the manufacturer or its technical service. The seller engages only to ensure the replacement of defective parts in order to get the device in normal operating conditions, without any extension of the original guarantee. In any event, any commercial proposition of the after sale service is only valid for a maximum duration of 90 days in the limit of the end date of the guarantee written on the invoice. The incident application is deemed automatically terminated 90 days after its opening, in the absence of the customer’s answer. In the case of manufacturer’s bankruptcy, the seller cannot replace the latter. The seller will do its best to provide an adequate solution.

In all cases, the seller cannot be held liable under the guarantee of failures or damages caused directly or indirectly in the following cases: negligent use or storage, connection or manipulation error, maintenance and use not in accordance with manufacturer’s or seller’s specifications, adding of additional device or accessory, electromechanical modification or transformation, defects attributable to external circumstances (moisture for example). To qualify for the guarantee of the products it is imperative to keep the purchase invoice of the product. No financial or material compensation is awarded during the repair period and thus the product unavailability.

The guarantee right is not transferable, only the original buyer of the product can benefit of it.

According to the user manual supplied with the product, the seller cannot be held responsible as to injuries that could occur to the user or damages occured to the device due to improper use.

Article 7: Retention of Title and Cancellation Clause

The goods remain the property of Foxof until full payment of the order. Therefore sales are made with retention title.

This retention of title does not prevent the transfer of risks of loss or deterioration of the products to the customer as well as damages that may occur as from the shipment. All discrepancies relating to the formation, execution and termination of contractual obligations between the parties that cannot lead to an out of court settlement will be subject to the jurisdiction of the court of Nantes (France). In case of disputes of any nature whatsoever, the attribution of jurisdiction to competent courts will be expressly made. The present contract is regulated by the French law.

Article 8: Privacy Policy and General Data Protection Regulation (GDPR of the European Union)

We are aware that the protection of your privacy is essential to build a long lasting relationship with you. We are committed to adequately handle the information you provide to us. The FOXOF Company processes personal data of all internet users as a data controller.

What are the data we collect good for?

Notification and collecting the information concerning yourself (first name, last name, shipping/billing address, email) is mandatory within the framework of distance selling (processing, shipping, invoicing). We may also collect the data you indicated voluntarily through our contact form you have filled in. The purpose of the data processing is to respond to your requests. Therefore, they are mandatory. Only qualified and concerned staff has the access to data. We do not rent or sell your data to anyone.

How do we protect your data?

As part of the execution of our services, we place the highest importance to the security of your personal data. Under our obligation of means, we are committed to take all appropriate precautions and implement all appropriate technical and organizational measures to ensure the highest level of security to protect these personal data against any alterations, destructions, misuses and unauthorized access.

In any case, we do not have access to your payment information (credit cards, paypal, etc.). Personal data are stocked on hosting servers exclusively located in the European Union and FOXOF Company is committed not to transfer any personal data of internet users to hosts in any country.

Details regarding cookies

Navigating on our website is likely to install cookie(s) on the user’s computer. A cookie is a file that does not allow the identification of the user. Its function is to record the information about navigation of a computer on a website. The data collected are intended to facilitate subsequent navigation on the website as well as to allow measuring operations of visits (via third party tools like Google Analytics). These third-party tools respects the GDPR.

What are your rights?

At any time, << you have the right of access, modification, correction, opposition, limitation of processing, portability and deleting data concerning yourself (art. 34 and 36 of the law « Informatics and Liberties » from the 6 of January 1978) >>. For this, make a written request to our customer service (see Contact). You can also delete your data directly from your customer account (the one you have created when making your order). At your request we undertake to destroy all copies of your personal data without delay.

Links to other partner sites are available on our website. DEGXEL disclaims any responsibility if the content of these sites violates the laws and regulations in force.

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