These general conditions of sale (hereinafter the “GTC”) are those of the company TOMAGA INDUSTRIES SAS with its registered office located at 3 place Saint Louis 78000 Versailles, registered in the trade and companies register of Versailles under number 805 137 759 00017 (hereinafter, “TOMAGA”). The customer can contact TOMAGA at the following email address: service@tomaga.fr
SCOPE
The T & Cs apply, without restriction or reservation, to all sales of products from the TOMAGA INDUSTRIES range (hereinafter the “Products”). The GTC are attached to the order form, they are therefore opposable to the customer who is deemed to have read them before accepting the orders.
ORDER
The sale of the Products will only be carried out after acceptance of the order by TOMAGA INDUSTRIES. The customer will be informed of the acceptance of the order by return email communication.
PRODUCT PRICE
Product prices are inclusive of all taxes (TTC), excluding delivery costs.
RETENTION OF OWNERSHIP
TOMAGA INDUSTRIES retains ownership of the Products until full payment of their prices by the customer in principal and interest. The payment will be made within reason of the price. In the event of full or partial non-payment of the price, TOMAGA INDUSTRIES may, without prior notice, claim the Products which may have been delivered by TOMAGA INDUSTRIES to the customer or to the recipient of the Product. The risks relating to the Products will be transferred to the customer upon receipt.
DELIVERY OF THE PRODUCT
The customer must indicate on the order form the place of delivery of the Products. The Products will be delivered to the customer within the period indicated to the customer at the time of acceptance of the order by TOMAGA INDUSTRIES, this period not exceeding 3 months from the acceptance of the order by TOMAGA INDUSTRIES.
SHIPPING COST
The delivery costs of the Products depend on the place of delivery. The customer must contact TOMAGA INDUSTRIES by email at the email address provided in the preamble to the GTC to obtain the amount of delivery costs. The costs will be indicated on the order form.
GUARANTEES
In accordance with the law, the customer benefits from the following guarantees on the Products:
CONFORMITY GUARANTEE
TOMAGA INDUSTRIES undertakes to deliver compliant Products, that is to say specific to the use usually expected of similar goods and having the characteristics presented during the order and its acceptance. This guarantee will apply provided that the customer requests it within two years of delivery. The request must be sent to TOMAGA INDUSTRIES by registered letter with acknowledgment of receipt to the address provided in the preamble to the GTC.
GUARANTEE AGAINST HIDDEN DEFECTS
TOMAGA INDUSTRIES undertakes to deliver to the customer Products free from hidden defects which would make them unfit for the use for which it is intended, or which would reduce this use to such an extent that the customer would not have acquired it, or would not have any. given that a lower price, if they had been known. This guarantee will operate on condition that the customer requests it within two years from the discovery of the defect. The request must be sent to TOMAGA INDUSTRIES by registered letter with acknowledgment of receipt to the address provided in the preamble to the GTC.
MAINTENANCE SERVICE
The maintenance service, in particular on the ranges of slicers, is optional. The maintenance service consists of an annual inspection visit to the customer during which the condition of the Product will be checked and routine and preventive maintenance of the Product will be carried out. The customer and the service provider who will carry out the inspection visit will agree on the date of the inspection visit. If the customer wishes to cancel the visit, he must inform the service provider at least 24 hours before the date of the visit initially scheduled. In the event of cancellation of the visit not communicated to the service provider or communicated late, the service provider may invoice the customer for travel costs.
The maintenance service does not cover malfunctions resulting from normal wear and tear of the Product, from causes external to the Product (for example, resulting from all bodies foreign to the Products), from abnormal use or use and / or not. in accordance with the instructions for use of the Products provided to the customer or of a use detrimental to the good conservation of the Products.
The price of the maintenance service varies according to the country and can be valued on the order form. This is an annual payment.
VALIDITY OF THE GTC
If any of the provisions of these T & Cs is declared void in whole or in part, the other provisions and the other rights and obligations arising from these T & Cs will remain unchanged and will remain applicable.
Applicable law and settlement of disputes: The GTC are governed and interpreted in accordance with French law, in accordance with Regulation EC 593/2008 of June 17, 2008. The GTC do not constitute an obstacle to compliance by TOMAGA INDUSTRIES with an existing public order provision in the regulations of the country of the European Union from which the customer ordered, provided that he is also domiciled there. In the event of a dispute, in accordance with the provisions of Regulation n ° 44/2001 of December 22, 2000, the customer can seize either the court of the place where he is domiciled, or the French courts.
