1- PRELIMINARY PROVISIONS
Unless otherwise expressly stipulated, and written and signed by the parties, these General Terms of Sale
apply in their entirety to any offer of sale or sale of Products (“Products”) distributed by PROLASER, (the “Seller”), to a professional Customer, (the “Customer") from the www.pro-laser.com website.
The main characteristics of the Products and, in particular, the information, standards, characteristics, illustrations or capacities indicated in the Seller's documents (catalogues, instructions, etc.), are detailed on the www.pro-laser.com website for information purposes only. The Products listed therein may be modified or deleted without notice.
Any product offers are subject to available stock, as specified during the Seller’s order validation process.
The General Terms of Sale can be accessed via the www.pro-laser.com website at any time and constitute essential and determining conditions. Furthermore, they prevail over any general terms of purchase or other document emanating from the Customer or exchanged with the Seller, whatever their nature, even if communicated after the communication of the General Terms of Sale contained herein (unless accompanied by express written consent of the Seller). The Seller reserves the right to modify these General Terms of Sale at any time.
The Customer declares to have read these General Terms of Sale and to have accepted them in full. This should be indicated by checking the corresponding box before carrying out the online ordering procedure on the www.pro-laser.com website.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions entered into with the Customer.
In the event of an order from a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside of mainland France, the price will be calculated automatically on the invoice (exclusive of tax). Customs duties, other local taxes, import duties or state fees may be payable. The Customer will be responsible for settling any such additional payments.
2- CUSTOMER AREA – ACCOUNT – ORDERS
2.1 Any products selected on the www.pro-laser.com website remains the sole responsibility of the customer. This selection shall be in accordance with the following terms:
- For a first order, the Customer shall request to open a Customer account;
- For payment by bill of exchange, a direct debit validation agreement will be required;
- Confirmation will be made by the Seller and log-in details communicated to the Customer;
- The Customer shall then login using their username and password;
- Once logged in, the Customer will add the required products to their basket;
- They will then select their delivery address;
- After selecting their delivery address, they must decide on their chosen delivery method (Express, Standard, Pick-up Point, Warehouse Collection);
- They should then choose their dispatch date;
- Following this, they should choose their preferred method of payment (payment by means of a bill of exchange, online payment using a credit card);
- The order can then be verified. At this stage, any modifications to basket items and selected options should be made by the Customer before final confirmation.
- The order is then confirmed, and the Customer must accept the general terms of sale. A tick box is provided for this purpose.
- For online payments, customers should then enter their credit card details in the fields provided for this purpose. Alternatively, they must confirm their direct debit payment plan.
2.2 After the order has been confirmed, an Order confirmation will be sent to the e-mail address provided by the Customer. This confirmation will include the price (excluding tax) of all products added to the basket, their description, and the chosen place of collection or delivery .
The Customer is responsible for ensuring that the information entered by the Seller is correct. The Seller may not be held liable in the event of a data entry error or failure to deliver the confirmation email due to the Customer providing an incorrect address or due to a malfunction of the Customer's mailbox. The Customer must ensure that the address they provide works and that their e-mail system is designed to enable them to keep the confirmation e-mail on a durable medium.
Any order finalised in accordance with stages 1 and 2 (detailed above) entails an obligation to pay. In accordance with article 1366 of the French Civil Code, the online provision of the credit card number and/or the final validation of the order shall constitute proof of the completeness of the said order and the price of the Products purchased must subsequently be paid in full.
Product offers are valid for as long as they are visible on the website, while stocks last.
The sale shall not be considered valid until the price has been paid in full. Upon receipt, it is the Customer's responsibility to check the accuracy of the order and to notify the sales department of any errors.
Any order placed on the www.pro-laser.com website constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Customers can track the progress of their order on the website.
The Customer must register their details on the form provided at the time of ordering and undertakes to provide honest and accurate personal and contact information.
The Customer is responsible for updating any information provided. Should any changes need to be made, the Customer is required to contact the Sales Department: commande@pro-laser.fr or 02 51 34 11 57.
To access their personal account and order history, Customers must log on using their e-mail address and password. These details should remain confidential at all times. In this respect, the Customer shall refrain from any disclosure of said information. If any disclosure is made, the Customer is solely liable for how it is used.
The Customer may also request to unsubscribe at any time by going to the dedicated page in their personal account area or by sending an e-mail to: dpo@pro-laser.fr. This request will be processed as soon as possible. Under the GDPR, personal data that is irrelevant to a transaction cannot be deleted.
In the event of non-compliance with the general terms of sale, the www.pro-laser.com website may suspend or even close a Customer's account. This suspension shall be applied after a formal notice has been sent by electronic means and when no required action has been taken by the Customer.
Any account suspension, for whatever reason, shall result in the deletion of all the Customer's personal information, with the exception of data subject to regulatory archiving.
The Seller shall not be held liable for any consequences resulting from force majeure which may impact the proper functioning of the site or server. This includes any interruption or modification of the site for maintenance reasons.
The creation of an account implies acceptance of these general terms of sale.
3- DELIVERIES
Products ordered by the Customer will be delivered in mainland France or to the following areas:
- Drom-Com, European Union, United Kingdom, Andorra, Monaco, Liechtenstein, Switzerland, Norway, China...
In the event of a specific request from the Customer concerning the packaging or transportation of Products, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing. These costs shall be based on an estimate drawn up by the Sales Department and must be accepted in advance (in writing) by the Customer.
3.1 Dispatch times
Dispatch times are given for information purposes only and are entirely dependent on stock levels and the chosen means of transport:
- Orders confirmed before 3:00PM: same-day dispatch;
- Orders confirmed after 3:00PM: next working day dispatch;
Dispatch times for non-standard orders will be confirmed by the Sales Department, contact details for which can be found in Article 1.
3.2 Delivery times
Delivery times are entirely dependent on the means of transport chosen and the volume of Products ordered. These are given for information purposes only and depend on stock and transportation availability. Compliance with delivery deadlines is subject to the Customer's compliance with the Seller’s obligations. Delivery delays cannot give rise to any penalty or compensation, nor can it be used as grounds for refusing goods, cancelling an order ,or extending payment deadlines. However, a delivery may be cancelled after a formal notice to deliver has been served within 15 days (by recorded delivery with acknowledgement of receipt) and has remained unanswered. Any such formal notice may only be sent by the Customer should 7 days have passed from the delivery date indicated by the Vendor.
3.2.1 Standard delivery
Delivery times for confirmed orders placed by fax, e-mail or telephone are 24/72h for mainland France. Free delivery for orders over €200 (excluding VAT).
3.2.2 Special delivery
If the Customer wishes to agree special delivery terms, in particular for deliveries outside mainland France and Corsica, they are invited to contact the Sales Department in order to check whether such a request is feasible and to determine any governing terms. Contact details can be found in Article 1
Subject to Product supply, any specific delivery terms requested by the Customer will be subject to an estimate drawn up by the Sales Department. This must be accepted (in writing) by the Customer.
Please note: delivery times are subject to geographical coverage (it is important to check whether the delivery area is covered by our express delivery service). Deliveries are possible on Saturday mornings, but this service will incur an additional charge.
3.3 Terms of delivery
Unless otherwise agreed in writing (and in advance) by both Parties, the Seller will transport and/or ship the Products to the place of delivery indicated by the Customer at the time of order, either by standard or express courier service. To this end, the Seller is free to choose the Carrier. The Products will be deemed to have been delivered upon arrival at the stipulated address. This will be confirmed by the carrier's proof of delivery receipt.
The Seller reserves the right to make full or partial deliveries. If the Product is unavailable, a notification will be sent to the Customer.
The standard delivery conditions and applicable price are indicated on the Site. If the Customer wishes to agree special delivery terms, in particular for deliveries outside mainland France and Corsica, they are invited to contact the Sales Department in order to check whether such a request is feasible and to determine any governing terms.
3.4 Transfer of risk
Notwithstanding the title retention clause set out in these Terms of Sale, the Products are deemed to be in the custody of the Customer from the moment the carrier first presents them. From this moment, the Customer shall be liable for any risks that the Products may undergo or cause, for whatever reason, including in the event of force majeure, internal or external circumstances, or due to the actions of a third party.
Should the Customer collect the Products directly from the Seller's premises, the transfer of risk takes place when the Products are handed over by the Seller on its premises. Any transport, loading and unloading operations shall be at the exclusive risk and expense of the Customer.
3.5 Non-compliance with indicative delivery times
In any event, failure by the carrier to meet delivery deadlines shall not give rise to any compensation for the benefit of the Customer or be withheld to the detriment of the Vendor, Neither shall it justify cancellation of the order.
In the event of delays in raw material deliveries, failed deliveries by suppliers or any other external reason beyond the control of the Seller, which results in a delivery delay of more than 30 days, the Seller reserves the right to cancel the order within 30 days of order acceptance. The Customer will be notified of this cancellation. However, this will not entitle them to any compensation. In such an event, any deposits paid will be returned.
For Products not held in stock by the Seller (e.g., products stored by the supplier or Products in the process of being manufactured), the delivery time shall be specified in a prior quotation and remains non-contractual until such as time as this quotation is expressly accepted by the Customer. The delivery period commences from the date of acceptance of the aforementioned quotation and the above terms will subsequently apply to any delays.
4- CUSTOMS
If Products are ordered for delivery outside the European Union, the Customer may be subject to import duties and taxes. These will be collected when the delivery arrives at its destination. The Customer will bear any additional customs clearance fees; the Seller exercises no control over these costs. Customs policies vary greatly from one country to another. For further information, the Customer should contact the local customs department. Furthermore, the Customer is considered to be the official importer and must comply with all the laws and regulations of the country in which they receive the Products. Protecting your privacy is important to us and we draw the attention of our international customers to the fact that cross-border deliveries may be opened and inspected by customs authorities.
5- TERMS OF PAYMENT
5.1 Prices
The Products are supplied at the current prices shown on the www.pro-laser.com website at the moment the Seller registers the order. Any order placed with the Seller by the Customer implies unreserved acceptance of the Sellers's prices and these General Terms of Sale.
The prices indicated are contractual at the time of ordering and are subject to change according to variations in our supply chain sources. The Seller reserves the right to modify prices at any time.
Product prices are displayed in Euros, exclusive of tax; eco-tax is included (inclusive of all taxes), as is packaging.
Prices reflect any discounts granted by the Seller on the www.pro-laser.com website.
Prices do not include processing, dispatch, transport, and delivery costs. These will be invoiced separately in accordance with the conditions indicated on the website and calculated before the order is placed.
The payment requested from the Customer shall correspond to the total purchase amount and will include costs for transport in mainland France (excluding Corsica). For transportation outside mainland France, Corsica and international destinations, a quotation will be provided by the sales department.
Upon delivery of the Products ordered, an invoice will be drawn up by the Seller and sent to the Customer.
Unless otherwise stated, the price indicated does not include postage and packing. If you choose to collect your purchased products on site, you will not be charged any delivery costs.
Any taxes, duties, levies, or other services payable in application of French regulations, or those of an importing country or a transit country, shall be borne by the Customer.
As a reminder, since 15 August 2018, print cartridges fall under the Electrical and Electronic Equipment (EEE) sector and, in accordance with Decree 2014-928 of 19/08/2014, have been included in the regulatory scope of the WEEE (Waste from Electrical and Electronic Equipment). Print cartridges are subject to an eco-contribution fee, which is used to finance collection, cleaning, and recycling. This amount depends on the scales communicated by the eco-organisations to which we belong and is passed on to you in the prices you pay. The eco-contribution is included in the amount before tax and is therefore subject to VAT. The unique identifier FR025500_05CTSB attests to the Seller's registration on the register of producers for the EEE sector.
5.2 Terms of payment
The price is paid by secure payment as follows:
- Payment by credit card;
- Payment by bank transfer to the Seller's bank account (details of which are given to the Customer when the order is placed).
For payment by credit card, the card is debited when the order is placed.
Payment data is encoded using encryption technology. This protocol is defined by the approved payment service provider for banking transactions carried out on the www.pro-laser.com website.
Payments made by the Customer will not be considered final until such a time as the Seller has actually received the sums due.
If the Customer does not pay the Seller the price in full (in accordance with the terms set out above), the Seller shall not be obliged to deliver the Products ordered by the Customer.
5.3 Payment terms
Any invoicing complaints must be made within 30 days of receipt of the first parcel.
5.4 Defaults in payment
In the event that it is not possible to debit the price of the Order (due to non-payment, fraudulent payment, fraud, or attempted fraud), the sale will be cancelled ipso jure and the Order consequently cancelled.
6- RECEPTION, GUARANTEES, RETURNS, COMPLAINTS
6.1 Product verifications
The absence of any concerns upon receipt, under the terms specified below, of Products ordered by the Customer releases the Seller from any liability in the event of apparent defects, damage, and/or missing parts.
6.2 Missing parts and transport damage
The number and condition of the Products must be checked by the Customer upon receipt, and in the presence of the Carrier.
In the event of any missing parts or damage due to transport, the Customer must detail their reservations and claims on the delivery or preparation note, which is deemed equivalent to an acceptance report. This should be accurately produced in the presence of the Carrier. In such an event, the Customer must notify the Seller of any concerns by e-mail or registered letter (with acknowledgement of receipt) and enclose the delivery or preparation note detailing the nature of the complaint. This should be carried out within 2 working days of delivery, failing which any concerns will no longer fall under the responsibility of the Seller.
Providing proof of any alleged damage or missing parts is the Customer's responsibility.
6.3 Non-conformity of Products ordered
Any Customer concerns relating to the conformity of Products must be notified to the Seller by e-mail (with acknowledgement of receipt) or in writing by recorded delivery (with acknowledgement of receipt). These concerns must be communicated within 2 working days of receipt of the Products concerned.
In the event of any missing parts (for which the Seller is responsible), the Seller agrees to rectify the problem or issue a credit note. This shall be entirely at the Seller’s discretion. The Customer will not be entitled to cancel the order or claim any compensation. The Customer undertakes to keep the Products as ordered. The Customer's complaint will not give rise to any payment cancellation or refund for the Products concerned.
It is the Customer's responsibility to provide proof of the Product non-conformity.
6.4 Claims – Warranty and Returns
Warranty periods: One year from the date of delivery. With the exception of:
- SWITCH and SWITCH RE range: 3 years for inkjet cartridges and a lifetime guarantee for laser cartridges
- MAF printhead range : 1 year after the installation deadline (indicated on the Product). The Seller declines all responsibility for services provided to third parties outside Drop shipping.
In compliance with these provisions, the Seller's liability is limited, according to the Seller's choice, to the repair, replacement, or reimbursement of the Product, to the exclusion of any penalty and/or compensation. The Seller may not be held liable for any other direct, indirect, material, or immaterial loss (incidental or consequential).
Should the Product be refunded, the amount refunded shall correspond to the weighted average purchase price calculated over the previous 12-month period.
The weighted average price of the Product takes into account discounts and complimentary items.
The Seller declines all responsibility for the use of Products outside the warranty period or use-by date. The compatibility of Products is guaranteed from the date of delivery.
In the event of misuse, negligence, or lack of maintenance on the part of the Customer, any warranty shall be considered null and void. The Customer is solely responsible for the storage and use of the Products.
6.5 Product returns
Any request to return a Product must be carried out on the website (in the section provided for this purpose). No compensation will be paid unless a prior request is made to return the product.
This request to return a Product must be approved in writing and numbered by the Seller before dispatch. The Seller cannot be held responsible for the loss of a parcel in transit and no compensation will be paid in such an event. The return agreement is valid for 60 days from the date of issue.
In the case of the return of proven defective Products, and subject to the Seller's written, numbered agreement, the cost of transporting the Products back shall be borne by the Seller:
- In metropolitan France for a monthly pick-up and/or for a minimum amount of €100 (excluding tax) for the Product, excluding drop-shipping.
- Outside mainland France depending on the location, weight, volume and value of the Products, the cost shall be calculated at the Seller's discretion;
- Drop shipping to mainland France
If the Seller considers a physical return to be infeasible, the Customer may be asked to provide proof of identification and proof of the defect.
Products refused by the Seller as guaranteed returns (empty, out of date, incorrectly used, etc.) shall not be returned to the Customer.
Customers wishing to exchange Products must place a new order for the Products concerned.
In the event of Products being returned due to an error in the Customer's order, the cost of transporting the Products back shall be borne by the Customer.
It is the Seller’s responsibility to confirm that the Product is defective. Once the Products have been inspected or found to be defective, a credit note will be issued to the Customer. The credit note is valid for 1 year from the date of issue.
Should the Product be refunded, the amount refunded shall correspond to the weighted average purchase price calculated over the previous 12-month period.
The weighted average price of the Product takes into account discounts and complimentary items.
In the case of a defective Product delivered by drop shipping, the Seller reserves the right to decide whether or not to accept the returned Product. In the event of non-recovery of the Drop shipped Product, and upon presentation of visual evidence, the Seller may either issue a credit note or replace the goods.
The Seller shall not take back unsold Products.
Products not marketed by the Seller, and sent with the returned Products, will only be returned to the Customer at the latter's request (by ticking the box provided for this purpose on the online returns list and at the current rate).
No technical assistance will be provided to end users for Products that are not part of the SWITCH range.
6.6 Non-accepted defective returns
No credit note, refund, exchange, or return will be issued for any of the Products listed below:
- Those with missing or covered reference labels (particularly on the body of the consumable), making identification impossible;
- Those for which the guarantee period or use-by date has expired;
- Those which have not been used correctly, unpacked, or stored;
- New products (excluding those with built-in obsolescence by means of a manufacturer's update)
- Empty products.
6.7 SWITCH Range
Inkjet cartridges from the SWITCH range are guaranteed for 3 years and laser cartridges from the SWITCH range have a lifetime guarantee.
The Seller shall not be held liable for any non-compliant use.
The SWITCH range offers a technical assistance service for end users in France. In the event of any difficulty using SWITCH range products, it is the end user’s responsibility to contact the SWITCH Customer Services team. This can be done by e-mail or telephone. Contact details can be found on the product.
6.8 Re-manufactured HP cartridges
Re-manufactured HP cartridges supplied by the Seller were originally marketed by the HP Group to States falling within the European Economic Area agreement.
7- RESERVATION OF OWNERSHIP
The Seller shall maintain ownership of the Products until such a time as they have been paid for in full. During the reservation of ownership period, and in the event of any loss or destruction of the Products sold upon delivery, the Customer shall bear the cost of the risks. From the date of delivery, the Customer shall remain responsible for the maintenance of the Products and for any damage they may be subject to.
In the event of the Customer's receivership or liquidation, the Seller may claim ownership of any products delivered but not paid for.
In the event of the resale of Products supplied by the Seller, which have not been fully paid for by the Customer, the Customer undertakes to inform any purchaser of the present reservation of ownership clause covering said Products and of the Seller's right to either request the return of the Products or for them to be paid in full.
8- TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price indicated on the order by the latter, regardless of the date of delivery of said Products.
9- PERSONAL DATA
The Customer is hereby informed that the collection of their personal data is necessary for the sale of Products and their delivery. This data is entrusted to the Seller.
In order to comply with legal and regulatory obligations, this information and personal data is also kept for security purposes.
It will be kept for as long as is necessary to carry out the work ordered and for the duration of any guarantees that may apply to Products that have been ordered.
The Seller is responsible for data processing: PROLASER, ZA Les Acacias 3, 2 impasse Gutenberg 85450 LA BOISSIERE DES LANDES.
Access to personal data will be strictly limited to the Seller’s employees who will be authorised to process such data as part of their professional duties.
Information collected may be communicated to third parties linked to the Seller by contract. This will enable sub-contracted tasks to be carried out and authorisation from the Customer is not required.
It is specified that, in the context of their duties, third parties only have limited access to the data and have a contractual obligation to use it in accordance with personal data protection legislation.
The User has a right of access, rectification, erasure, and portability of their data, as well as the right to oppose its processing for legitimate reasons. These rights may be exercised by contacting the data controller at the following email address: dpo@pro-laser.fr. Please note, a valid form of identity must be included.
10- INTELLECTUAL PROPERTY
The content of the www.pro-laser.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
All commercial documentation supplied by the Seller is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
11- APPLICABLE LAW – LANGUAGE
These General Terms of Sale, and any resulting transactions, are governed by, and subject to, French law.
They are drawn up in French. If they are translated into one or more foreign languages, only the French text will be deemed binding in the event of a dispute.
12- DISPUTES
For all complaints, please contact the Sales Department at the Seller's postal or e-mail address (detailed in Article 1 of these General Terms of Sale). Should it not be possible to settle the dispute amicably, the Commercial Court of LA ROCHE SUR YON (France) shall have sole jurisdiction.
