GENERAL TERMS AND CONDITIONS OF SALE
I. Currency and VAT rate
Billing in €. VAT rate: 20%.
All our prices for reseller-purchases are excluding taxes and include packaging for transportation in mainland France departing from our warehouses in Strasbourg except for Corsica. They do not include the electrical appliance recycling tax. Delivery costs will be billed additionally. This rate along with the general terms and conditions are provided for information purposes. To view current prices, please refer to our website www.comed.fr. Only the prices indicated on this website are valid; we recommend consulting these before every order.
III. Free shipping and minimum orders
Free shipping within mainland France for goods starting from €300 excluding taxes. Billing of shipping based on the actual weight of goods.
Our minimum order is €80 excluding taxes. Below this amount, orders will be processed in exchange for a flat-rate payment of €10 in addition to shipping costs. Any additions that cannot be added to current orders will be treated as new orders. Please telephone in advance. It is not possible to mix and match an item to benefit from a better price by quantity.
Packaging is in accordance with sales quantities that are over the minimum. We reserve the right to deliver the packaging closest to your order.
All orders imply acceptance of these terms and conditions of sale, which may not be derogated from except with our written agreement. Only the item numbers of our products on your orders are accounted for. Any sums advanced by the purchaser against their order will be applied on the final invoice. This advanced sum will be considered as a down payment and will belong to the Seller, without the right to claim a refund as compensation.
We retain ownership of any goods delivered until full payment of the price and more precisely until actual receipt of the monies in the event of a cheque or bill of exchange. In the event of non-payment, the return of the goods may be requested either by formal notice sent by registered letter, at a joint inventory, or by a summons to pay by bailiff. In the event of a sale or processing, the purchaser agrees to subrogate the debt under the terms set out hereafter. Article L621-122 of the new French Commercial Code. The invoice shall serve as a delivery note.
In the event of a resale and/or processing of goods, the purchaser undertakes to transfer, until payment of our invoices, all or part of the debts owed by its own debtors, even if this means notifying these latter of the subrogation of debts agreed by it on simple request of the seller, and this in the amount of the value of the goods subject to the retention of the title of ownership. Goods are delivered in accordance with French Law no. 80-335 of 12 May 1980. Only the Court of Strasbourg has jurisdiction for all disputes.
Goods travel at the risk of the purchaser whatsoever the mode of transport chosen. The purchaser is asked to check the goods on arrival before giving a receipt to the carrier. No claim will be valid regarding damages or losses due to transportation without a customary declaration to the carrier and a clear indication on the delivery note. Specific reservations must be expressed on the receipt and the number of packages delivered must be checked. Insofar as it is possible, we deliver the orders in full. In the event of whatsoever shortage, it may be that we make partial deliveries; without written notice to the contrary, we reserve the right to do this. “Delays” are shown on the invoice. The note “subject to unpacking” does not legally constitute a reservation. In case of missing product, the report must be made within 72 hours after receipt of the goods (excluding weekends and public holidays).
IX. Time frames
Delivery time frames are always on an indicative basis. Delays may not under any circumstances justify the cancellation of an order, a price reduction or the awarding of damages. The invoice date corresponds to the date of dispatch.
A discount of 1% on the amount excluding taxes for payment within 8 days. The payment terms are as follows (shipping excluded):
- Invoices from €10 to €200 = Processing within 30 days of the invoice date.
- Invoices above €201 = Processing within 60 days of the invoice date (CME Art. 21; French Commercial Code amended Art. L441-6).
For 1st orders, payment is on placing the order by bank transfer without discount, pro forma invoice.
Any breach of these terms and conditions will automatically result in new orders being blocked as well as the request for prepayment of these latter.
Any delay in payment will expose the purchaser to a penalty of 3 times the legal rate for the amount excluding taxes on the invoice due, as well as a flat-rate recovery charge of €40. In the event of a discount for payments in cash, only the VAT corresponding to the price paid will be deductible, this mode not giving rise to a credit note or amended invoice (D.O.D.G.I. 3 E-1.1982).
Payments are made only on our bank account referenced on our invoices or on our website .
Returned goods are not accepted except with our written agreement. In all cases NO POSTAGE-DUE RETURNS will be accepted, please contact us for transport. In the event that a return is accepted, a minimum of 10% of the value of the goods will be charged for the cost of restocking.
Products sold are warranted, parts and labour, against defects in material and workmanship for a period of 12 months starting from the date of the invoice to the resellers. The company COMED is only bound by an obligation of means for the purposes of this warranty. This warranty is limited to the repair or exchange, as freely chosen by COMED, of goods that are recognised as defective by us in taking account of the usage made of them. The warranty does not cover return transportation costs, which are borne by the customer. Single-use products cannot be returned, exchanged or warranted, the same is true for products that have been used, these products may only be warranted in their original packaging. For items with a warranty certificate that are to be returned, the warranty only becomes valid for this return at the time of purchase, the purchase date serving to initiate the start of the warranty. See details per item in the catalogue.
The photos of our products are provided for information purposes but are not contractual. The use of our visuals requires prior authorisation.
We inform you that items with a serial or batch number are subject to special monitoring (traceability). The number appearing on the invoice next to the item informs you of this feature. In the event of a product recall, it is your responsibility to be able to retrace it to your customers. We ask you to keep a record of these numbers on your invoices.
XV. Sustainable development
We collect the original boxes used to dispatch your orders, this includes the packaging materials used for dispatch and not the product packaging itself.
We will replace the foam scraps used for cushioning in the boxes with the paper shavings produced from shredding our papers and boxes (envelopes, advertising materials, letters, packaging, etc.). Through these gestures, we wish to make our contribution to reducing waste production.
The batteries included in our appliances are subject to a collection and treatment obligation. All our batteries are industrial, except the portable batteries, it is therefore your responsibility to collect these used batteries. We have joined the collection company SCRELEC, you therefore have the option for you or your customers to deposit this type of battery at the battery collection points provided for this purpose. A list of the nearest battery collection points may be found at www.batribox.fr.
XVII. WEEE (Waste Electrical and Electronic Equipment)
The Directive on the composition of electrical and electronic equipment requires producers to set up a collection and disposal system for their appliances, which have reached end-of-life. Our company is registered on the register of producers in France under no. 323192260.
You should therefore, communicate this return obligation to your professional customers. For this collection, the company COMED undertakes to collect its electrical and electronic equipment from you and to recycle if you need it.