GENERAL TERMS OF SALES
1. LEGAL NOTICE
SAS Aramine registered in the Trade and Companies Registry of Aix-en-Provence under number 508 058 377 with its head office located at 158, Rue Henri BESSEMER - 13796 Aix-en-Provence - Les Milles
For any suggestions or information concerning the website or the mobile application, you can contact us to the following e-mail address: shop@Aramine.com
Hosting / Design / Development:
Hosting:
ALTER WAY
1, Rue Royale, Bat D - 227
Les Bureaux de la Colline
92210 Saint-Cloud
Conception / Design / Development:
PliciWeb Solutions
Hôtel Technologique – BP 100
Technopôle de Château-Gombert
13382 Marseille Cedex 13
© Aramine 2021
2. PURPOSE
2.1. The present General Terms of Sales (hereinafter "GTS") define the terms and conditions according to which any professional entity (hereinafter "the Customer") orders and buys products sold by Aramine (hereinafter "ARAMINE"), within the framework of a web-based distance sales system, for products defined in the catalog of www.shop.Aramine.com websites (hereinafter "the Site").
3. COMPLIANCE WITH GENERAL TERMS OF SALES AGREEMENT
3.1. The present GTS are notified directly to the Customer to allow him to place an order.
3.2. The Customer's filling out an order on the Site and confirming the order constitutes full acceptance of these GTS, which shall be the only ones that apply to the following contract.
3.3. Aramine has the right to modify all or part of the present GTS at any time.
4. FEATURES OF THE GOODS SUPPLIED BY ARAMINE
4.1. All products offered to the Customer are those listed in the catalog published on the website within the limits of available stocks and subject to the website proper functioning.
4.2. Each product presented may be accompanied by a picture taken from Aramine’s data base.
4.3. Each product presented mentions an origin which may be modified at any time according to the supply decisions taken by Aramine.
5. ORDER TAKING AND CONFIRMATION
5.1. Placing an order on the site implies creating a Customer Account by providing two identifiers: an e-mail address in addition to a password. These identifiers are and must be kept confidential. The Customer's right of access to these identifiers can be exercised by simple request to Aramine’s Internet Customer Service, which will only reply by e-mail to the address used when the Customer Account was created.
5.2. In order to place an order, the Customer undertakes to fill in the order's details accurately and thoroughly. Therefore, he/she agrees to fully complete the various sections required for the correct processing of his/her order:
• Choice of product(s),
• Choice of billing address,
• Choice of delivery address,
• Choice of delivery date,
• Choice of payment method,
• Checking and approving your order and General Terms of Sales,
• Payment of the order in accordance with the terms and conditions.
5.3. Aramine will confirm the order and its payment:
On the website following payment,
By e-mail, to the address indicated by the Customer.
5.4. Modification of an Internet order
For any change in the order (billing address, delivery address, delivery date or order content), Customer must contact Internet Customer Service no later than 24 hours after receipt of the order form by Aramine, by e-mail: shop@aramine.com. In case of modification or cancellation of the order, a credit note for the corresponding amount will be sent by e-mail to the Customer until the day before the shipment or collection. No refund can be made once a product has been ordered.
6. PAYMENT METHODS
6.1. Payment for products is made online by credit card from the website for any Customer who does not have an account with Aramine. Payment by credit card is validated immediately if linked to 3D Secure. In case of a payment without 3D Secure authentication, payment validation is pending for 24 hours. Any Customer with an account benefits from the usual conditions.
6.2. For an order to be processed, the payment of the latter must be validated according to the information mentioned in article 6.1.
7. EVIDENCE
7.1. Aramine, through its host ALTER WAY, keeps the purchase orders and invoices in its computer system in reasonable security conditions.
7.2. Consequently, ALTER WAY's electronic records constitute a reliable and durable media that can be produced as proof.
8. WITHDRAWAL RIGHT
In compliance with current legislation, withdrawal right between professionals is only effective when the following three conditions are fulfilled:
1. contract must be concluded off-premises,
2. contract's subject cannot be part of the main activity of the company,
3. number of employees in the company must be five or less.
When all three conditions allowing the implementation of the right of withdrawal are met, the business customer can withdraw within fourteen days.
All returns must be validated and accepted by Aramine in writing beforehand.
Returns are at Customer's charge and shall be sent to the following address: Aramine 158, Rue Henri Bessemer - 13796 Aix-en-Provence - Les Milles.
After analysis and validation by Aramine, an exchange (subject to availability) or a refund will be made.
9. STOCK SHORTAGE
9.1. Products sold directly on the website are offered within the limits of available stocks and are deliverable within a limited geographical area. If a product becomes unavailable, it will be removed from the catalog of products available for distance selling as soon as possible.
9.2 However, in case of stock shortage, Aramine will contact Customer by e-mail as soon as possible to agree either to postpone delivery while waiting for the product to be restocked, when possible, or to replace the item with another equivalent in quality and price.
9.3. Any Customer in account will have access by logging in his history, to a fast entry to place his order via the website with his usual conditions of orders. An order form signed by the Customer via the Docusign API will materialize the order confirmation including all order details.
10. PRICE
10.1. Prices indicated on order forms and invoices are in Euros, excluding VAT, except for sales in France which are inclusive of VAT and from Aramine.
10.2. Delivery charges are invoiced in addition to the goods price. Delivery rates depend on the delivery method chosen, as well as on the geographical area, weight and volume of the parcel.
11. PRODUCT DELIVERY
11.1. Products are shipped in metropolitan France and in Europe within the timeframe indicated when the Customer places the order.
11.2. Customer is responsible for information relating to name and address of recipient. This information must be accurate, precise, and complete (especially door code and floor) in order to allow delivery under normal conditions.
11.3 Aramine cannot be considered as being responsible for a return delivery due to an error in address or inability to deliver to the indicated address.
11.4. Should a delivery address be incomplete or imprecise, Aramine has the right to contact the addressee directly by phone or by e-mail to complete the missing delivery information with him/her, if his/her phone number is not wrong, and he/she is available. If so, the receiver will be charged for delivery costs.
11.5. Orders with a P.O. Box address cannot be accepted and processed.
11.6 Should the addressee or a person who can take possession of the products be absent at the time of delivery, and insofar as he/she has access to the addressee's mailbox, the carrier will leave a notice of passage to reschedule a second and final attempt. Under no circumstances will Aramine be held responsible for any deterioration of the products due to their late collection from the carrier.
12. CLAIMS AND REFUNDS
12.1. Customer shall ensure that delivery complies with order. Any claim must be made within 48 hours following receipt in order to be considered.
12.2. Complaints should be sent by e-mail to the following address: shop@Aramine.com
12.3. Aramine agrees to correct any defect in the design, manufacture, or execution of the product. Aramine’s warranty is excluded when the defect results from the Customer's direct or indirect supply of material or equipment, and/or participation in the design, manufacture, assembly, but also:
• In case of force majeure,
• In case of damage and/or accidents resulting from negligence, lack of supervision and/or maintenance and/or use of the material,
• For parts that are normally subject to rapid wear and tear due to use or those that are specifically mentioned in the contract,
• In case of modifications made by the Customer.
13. PRODUCT WARRANTY
13.1. Aramine warrants that, products are manufactured and packaged in accordance with rigorous quality standards, and stored in accordance with French regulations.
13.2 However, Aramine will not extend its warranty on its products if the Customer has not respected optimal storage conditions.
13.3. Warranty duration and starting point: Warranty applies only for defects notified to Aramine by the Customer during the 6-months warranty period from invoice date or up to 1,000 hours of use: first term expired. Any delay in the equipment's availability cannot under any circumstances give rise to an extension of the warranty period.
Warranty is strictly limited to replacement or repair of parts or equipment acknowledged as defective by Aramine.
This warranty extends to all construction or material defects, it being the responsibility of the Customer to prove said defects.
14. OWNERSHIP INTELLECTUAL PROPERTY
14.1 All elements of the website (pictures, illustrations, icons and descriptions, logo, brand) are and remain the exclusive intellectual property of Aramine.
14.2. Any reproduction, representation, exploitation, redistribution or use in any capacity whatsoever, even partially, of the website's elements, be they software, visual or sound, is subject to the express and prior authorization of Aramine, owner of all intellectual property rights.
15. PERSONAL DATA PROTECTION
15.1 By placing an order via the website, Customer agrees to allow Aramine to use his/her personal data. This data is required to ensure the correct processing of orders.
15.2. All these data are treated with the utmost care and discretion. The data file containing this information has been declared to the National Commission for Data Processing and Liberties.
15.3. In accordance with Articles 39 (amended by Ordinance No. 2018-1125 Article 1 of December 12, 2018) and 40 (amended by Law No. 2018-493 Article 24 of June 20, 2018) of the law "Informatique et Libertés" of January 06, 1978, the Customer has a right to access and rectify and/or delete his data. To exercise this right and obtain information, the Customer may contact Aramine at the address: shop@Aramine.com.
Requests are processed and deleted within a maximum period of one month.
15.4 In compliance with the EU General Data Protection Regulation, the period of conservation of the collected data is:
- 10 years from the delivery when the contract is concluded by electronic means from 120€;
- 5 years in the framework of a contract or agreement;
- 3 years for any inactive customer with a right to forget;
- 13 months between each request for renewal of cookies collection.
16. INDEPENDENT CLAUSES
Should any of these terms and conditions be declared unenforceable or invalid for any reason, such invalidity shall not affect the application or validity of any other provision of such terms and conditions, and that invalid or unenforceable provision shall be replaced by the closest possible provision.
17. FORCE MAJEURE
17.1. Neither Aramine nor the Customer shall be held responsible for any non-performance, non-execution, or delay in the execution of any of its obligations described in these GTS due to force majeure.
17.2. In this respect, force majeure shall mean any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals total or partial strikes, employer strikes, riots, civil unrest, insurrections, wars, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing computer breakdowns, telecommunications blockages, including telecommunications networks, any challenge to the mathematical foundations governing the theory of cryptographic algorithms used for public key infrastructures and any other event beyond the control of the Parties that prevents the normal performance of the contract.
18. APPLICABLE LAW
The present general conditions are governed exclusively by French law. The Commercial Court of Aix-en-Provence shall have sole jurisdiction for any dispute or difference concerning them.
LEGAL NOTICES
1. LEGAL INFORMATION
Aramine
TRADE NAME ARAMINE
SAS with a capital of
RCS AIX EN PROVENCE 508 058 377
158, Rue Henri BESSEMER - 13796 Aix-en-Provence - Les Milles
Hosting / Conception / Design / Development:
Hosting:
ALTER WAY
1, Rue Royale, Bat D - 227
Les Bureaux de la colline
92210 Saint-Cloud
Conception / Design / Development:
PliciWeb Solutions
Hôtel Technologique - BP 100
Technopôle de Château-Gombert
13382 Marseille Cedex 13
©/ARAMINE /2021
For any suggestion or information concerning the website, please write to the following e-mail address: shop@Aramine.com
2. WEBSITE PURPOSE
Aramine's website (hereinafter the "site") is an e-commerce website that offers industrial products for sale.
This website is reachable through the Internet at www.shop.Aramine.com.
3. PERSONAL DATA AND COOKIES
Aramine may collect personal data in the scope of this Website. The provisions relating to the treatment of this data are written in the "Data Protection Policy" of this website.
4. INTELLECTUAL PROPERTY
4.1. Site
The website as well as any software used necessarily in connection with it may contain confidential information as well as data protected by intellectual property laws.
Therefore, unless otherwise stated, intellectual property rights on documents and data of any kind contained in the site and each of the elements composing the website (pictures, illustrations, sounds, texts, graphic elements, layout...), including software, databases and newsletters, are the exclusive property of Aramine (hereinafter the "Content"), which does not grant any license or right other than the right to consult the Website. Reproduction of all or part of the Content is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes in any way and in any form, whatsoever being expressly forbidden. You may not copy, modify, create a derivative work of, assemble, decompile (except as permitted by law), sell, assign, sublicense or otherwise transfer any rights in the Content. It is also forbidden to modify all or part of the Content and in particularly the software or to use modified versions of the software to obtain unauthorized access to the service and to access the Site by any means other than the interface that is provided to the visitor by Aramine for this purpose.
4.2 Brands
Aramine is the owner of the Aramine brand and its associated logos.
The Internet user acknowledges Aramine’s exclusive rights to the Aramine trademark and agrees not to make any use of it and more generally not to infringe Aramine’s intellectual property rights. Aramine retains the right to claim damages in case of infringement and more generally of its intellectual property rights. In the same way, the visitor is forbidden to infringe the property rights, and in particular the intellectual property rights, of Aramine to which the Aramine brand belongs.
BTI® / Dana® / Deutz® / Epiroc® / Getman® / Kessler® / Montabert® / Normet® / Sandvik® are registered trademarks and their rights belongs exclusively to their owners. Those brands are presented https://shop.aramine.com/ for reference purposes only. ARAMINE has no rights over brands shown on https://shop.aramine.com/. ARAMINE is not an official dealer for any of the previous brands either.
5. VISITORS' BEHAVIOR
Each visitor must use the internet responsibly with respect and courtesy towards the rights of other internet users.
In this respect, the visitor, by accessing the site, is prohibited from
• upload to the website, display, send by e-mail or transmit by any other means any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to public decency, infringing on a person's privacy, including his or her right to an image, obnoxious or offensive from a racial, ethnic or other point of view;
• upload, post, email or otherwise transmit unsolicited or unauthorized advertising or promotional materials, "junk mail," "misleading information," "chain letters," or any other form of solicitation to the site
• upload to the site, post, e-mail or otherwise transmit any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• disrupt or interrupt the website or servers or networks connected to the website, or violate any requirements, procedures, rules or regulations of networks connected to the Website
• Attempt to interfere with the service of any user, host or network, including, but not limited to, exposing the website to a virus, creating a flood, flooding the server, overloading the e-mail system, or forging any TCP/IP packet header information or any part of the header information in any e-mail;
• access data not intended for the visitor or enter a server/account that the visitor is not authorized to access;
• attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
• Impersonate another person;
• engage in any activity or induce any third party to engage in any illegal activity or any other activity that would infringe the rights of Aramine, its suppliers, partners, distributors, advertisers or any other visitor;
• transmit or transfer (by any means whatsoever) any information or software derived from the site, including to other countries or to certain foreign nationals in violation of any national or international law or regulation.
Recognizing the global nature of the internet, each visitor agrees to comply with all local and international rules and procedures regarding online behavior and acceptable content, including all applicable laws regarding the transmission of technical data.
At any time and for any reason whatsoever, Aramine may implement any means to terminate, without notice, the visitor's use of the site or any of Aramine’s services for any conduct that violates these terms of use, without prejudice to any damages that Aramine reserves the right to claim from the visitor in the event of non-compliance with the terms of use of the site.
6. LIABILITY
Access and operation of the website
The visitor is personally responsible for setting up the computer and telecommunication means allowing access to the Aramine website and for acquiring the necessary knowledge to use the Internet and to access the website. The visitor is responsible for the connection and equipment costs related to the access to the Internet and the use of the Aramine site.
The visitor uses the website at his own risk. Aramine cannot be held responsible for any damage that any visitor may suffer as a result of such use. Furthermore, Aramine DISCLAIMS ALL LIABILITY FOR ANY INDIRECT DAMAGES, REGARDLESS OF THE CAUSE, ORIGIN, NATURE OR CONSEQUENCES, INCLUDING, IN PARTICULAR, THE COSTS THAT MAY ARISE FROM THE PURCHASE OF GOODS OFFERED ON THE SITE.
7. GENERAL
7.1. Modifications
Aramine may amend and update the General Terms of Use without notice. In order to be informed of these possible modifications, Aramine advises the visitor to review the GTU regularly. The use of the website will be subject to the GTUs in force at the time of use.
7.2 Completeness
In the event that one of the clauses of the present GTU is null and void due to a change in legislation, regulations or by a court decision, this will in no way affect the validity and respect of the other clauses of the GTU.
7.3. Applicable law
These GTS are subject to French law.