PRELIMINARY PROVISIONS
Unless expressly stated otherwise, in writing and signed by the parties, these General Terms and Conditions of Sale (referred to as'GTCS') apply in their entirety to any offer to sell and any sale of the Products (the 'Products') distributed by PROLASER, (the 'Seller'), granted to a Professional Customer, (the 'Customer') on the website www.pro-laser.com.
The main characteristics of the Products, and in particular the information, standards, illustrations or capacities indicated in the Seller's documents (catalogues, manuals, etc.) are presented on the website www.pro-laser.com for information purposes only. The Products appearing therein may be modified or removed without notice.
Product offers are subject to the limits of available stocks, as specified during the validation of the order by the Seller.
The General Terms and Conditions of Sale are accessible at any time on the website www.pro-laser.com and constitute essential and determining terms and conditions, prevailing over any general terms and conditions of purchase or any other document emanating from the Customer or exchanged with the Seller, whatever the terms, even if it is communicated after the communication hereof, unless the Seller agrees in writing. The Seller reserves the right to modify these GTCS at any time.
The Customer declares that it has read these GTCS, and has accepted them by ticking the corresponding box before
proceeding with ordering on the website www.pro-laser.com.
Unless proven otherwise, the data recorded in the Seller's computer system will constitute proof of all transactions concluded with the Customer.
In the event of an order from a country other than mainland France, the Customer will be the importer of the Products concerned.
For all Products shipped outside of mainland France, the price will be automatically calculated excluding taxes on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable. They will be the sole responsibility of the Customer.
CUSTOMER AREA – ACCOUNT – ORDERS
1 - It is the Customer's responsibility to select the Products it wishes to order on the www.pro-laser.com website, in accordance with the following terms:
- Request to open a Customer account in the event of a first Order;
- Direct debit validation agreement for payment by LCR (electronic draft);
- Validation by the Seller and sending of login ID;
- Identification by the Customer, entering username and password;
- Selection of products in the Customer's basket;
- Selection of the delivery address;
- Selection of the delivery method (Express, standard, relay point and factory collection);
- Selection of the dispatch date;
- Selection of the payment method (depending on the options available: payment by LCR, one-time online payment by credit card);
- Checking of the order and possible modifications of the basket and the selected options (orders can be modified any time until the final validation);
- Validation of the order and acceptance of the General Terms and Conditions of Sale by ticking a box provided for this purpose.
- Where appropriate, entering of credit card details in the fields provided for this purpose in order to proceed with the online payment, or alternatively validation of the order, which constitutes validation of the direct debit.
2 - After validation of the Order, an order confirmation will be sent without delay to the email address provided by the Customer, detailing the price excluding tax of the products in the basket, the description of their essential characteristics, and the place of collection or delivery.
The Customer must ensure that the information recorded by the Seller is correct. The Seller cannot be held liable in the event of an input error or failure to deliver the confirmation email due to an incorrect address given, or a malfunction of the Customer's mailbox. The Customer must ensure that this address is functional, and that its mailbox is configured to allow it to keep the confirmation email on a durable medium.
Any order finalised according to steps 1 and 2 described above entails an obligation to pay. The online provision of the bank card number and/or the final validation of the order will be deemed proof of the entirety of the said order pursuant to Article 1366 of the Civil Code, rendering the price of the Products purchased payable.
Product offers are valid as long as they appear on the website, subject to availability.
The sale will only be considered as valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any error to the sales department upon receipt.
Any order placed on the website www.pro-laser.com constitutes the formalisation of a contract entered into remotely 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.
The Customer can monitor the progress of its order on the website.
The Customer must complete a form provided at the time of its order, and undertakes to provide true and accurate information concerning its legal status and contact details.
The Customer is responsible for updating the information provided. This information may be modified by contacting the Sales Department.
To access their personal space and order history, Customers must identify themselves using their email address and password, which are strictly personal. As such, Customers must refrain from disclosing these. Otherwise, they will remain solely liable for any use made of them.
Customers may also request their unsubscription by going to the dedicated page on their personal area, or by sending an email to: dpo@pro-laser.fr This will take effect within a reasonable time. Under the GDPR, personal data that is integral to any transaction cannot be deleted.
In case of non-compliance with the General Terms and Conditions of Sale, the website www.pro-laser.com will have the possibility to suspend or even to close the Customer's account after formal notice sent electronically has remained without effect.
Any account suspension, for whatever reason, will lead to the outright deletion of all of the Customer's personal data, excluding regulatory archiving.
Any force majeure event resulting in a malfunction of the website or server, or any interruption or modification due to maintenance, cannot engage the liability of the Seller.
By creating an account, the Customer accepts these General Terms and Conditions of Sale.
DELIVERY
The Products ordered by the Customer will be delivered in mainland France or in the following areas:
- Overseas departments and territories, European Union, United Kingdom, Andorra, Monaco, Liechtenstein, Switzerland, Norway, China, etc.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, based on a quote drawn up by the Sales Department and previously accepted in writing by the Customer.
Shipping time
The following shipping times are given for information only, and depend on items in stock:
- Order validated before 3 pm: same-day shipment;
- Order validated after 3 pm: next day shipment.
Delivery times
Delivery times depend on the mode of transport chosen. The times are given as an indication only, and will depend on the availability of supply and the choice of transport. Compliance with delivery times is subject to the Customer's compliance with all of its obligations towards the Seller.
Delivery methods
Unless otherwise specified by prior written consent between the Parties, the Seller will ensure the handling of transport and/or shipping of the Products to the place of delivery mentioned by the Customer when ordering, by standard or express courier. For this purpose, the Seller may freely choose the Carrier. The Products will be deemed to be delivered upon arrival according to the Carrier's proof of delivery.
The Seller may make full or partial deliveries. In the event of unavailability of the Product, a notification will be sent to the Customer.
The standard delivery terms and the applicable price will be available on the Website. If the Customer wishes to agree on specific delivery terms, and in particular a delivery outside of the territory of mainland France and Corsica, it should contact the Sales Department in order to check the feasibility and find out the conditions.
Transfer of risk
Notwithstanding the retention of ownership provided for in these GTCS, the Products will be deemed to be in the custody of the Customer from the date of their delivery by the Carrier. As from the delivery, the Customer therefore bears all risks the Products may suffer or cause, for any reason whatsoever, including in a force majeure event, fortuitous event, or third-party act.
If the Customer collects the Products directly from the Seller's premises, the risks will be transferred when the Products are made available by the Seller on its premises, all transport, loading and unloading operations being at the Customer's sole risk and expense.
Non-compliance with indicative delivery times
In any event, failure to respect the delivery times linked to the Carrier may not give rise to any compensation or indemnity in favour of the Customer, or withholding of payment to the detriment of the Seller, nor justify the cancellation of the order.
In the event of delay in deliveries of raw materials, defective delivery of suppliers, or any other reason beyond the Seller's control having the effect of delaying delivery by more than 30 days, the Seller reserves the right to cancel the order by notifying the Customer within 30 days of the acceptance of the order, without this cancellation giving rise to any compensation in favour of the Customer. In such cases, any down payments made will be returned.
For Products not held in stock by the Seller, (products stored at the supplier or Products in manufacture, for example), the delivery time will be specified by prior quotation, and will remain non-contractual until express acceptance of the quotation by the Customer. From the date of acceptance of the quotation, the delivery time will begin to run, and the above provisions will apply with regard to possible delays.
CUSTOMS
In the event of an order for Products for delivery outside of the European Union, the Customer may be subject to import obligations and duties. These will be collected when the package arrives at its destination. Any additional customs clearance costs will be borne by the Customer; the Seller has no control over these costs. Customs policies vary greatly from country to country, so the Customer should contact the local customs service for more information. Furthermore, in the event of an order for the Product on the website www.pro-laser.com, the Customer will be deemed to be the official importer, and must comply with all the laws and regulations of the country in which it receives the Products. The protection of privacy is important to us, and we draw the attention of our international customers to the fact that cross-border deliveries are likely to be opened and inspected by customs authorities.
PAYMENT TERMS
Price
The Products are provided at the applicable rate appearing on the website www.pro-laser.com when the order is registered by the Seller. Any order placed with the Seller by the Customer implies the unreserved acceptance of its prices.
The prices indicated are contractual when ordering, albeit being subject to change according to any variations that may affect our sources of supply. The Seller reserves the right to modify the prices at any time.
The prices of the Products are displayed in euros, excluding taxes (excl. VAT); eco-tax included, and all taxes included (incl. VAT), including packaging.
The rates take into account any discounts that may be granted by the Seller on the website www.pro-laser.com.
Prices do not include processing, shipping, transportation and delivery costs, which are charged in addition, under the terms and conditions indicated on the website and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including said charges for transport for mainland France, excluding Corsica. For transport outside of mainland France, Corsica and international, a quote will be prepared by the Sales Department.
An invoice will be issued by the Seller and sent to the Customer in line with the delivery of the Products ordered.
Unless otherwise stated, the price quoted does not include shipping and delivery costs. If the Customer chooses to collect the order on site, Products that have been purchased will not be subject to a delivery charge.
All taxes, fees, duties or other services payable under French regulations, or those of an importing country or a transit country, are the responsibility of the Customer.
As a reminder, since 15 August 2018, print cartridges belonging to the Electrical and Electronic Equipment (EEE) sector have been integrated into the regulatory framework of WEEE (Waste Electrical and Electronic Equipment), in accordance with Decree 2014-928 of 19/08/2014. As such, the print cartridges are the subject of an eco-contribution scheme, which must be used to finance collection, depollution and recycling. This amount depends on the scales communicated by the eco-organisations with which we collaborate, and is communicated to the Customer in the tariffs. The eco-contribution is included in the amount excluding taxes, and is therefore subject to VAT. The unique identifier FR025500_05CTSB certifies the registration of the Seller in the register of producers in the EEA sector.
Payment methods
The price is payable through secure payment in following ways:
- Payment by credit card;
- Payment by bank transfer to the Seller's bank account (the details of which will be communicated to the Customer when the order is placed).
For payment by credit card, the card will be debited at the time of the order.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in the banking transactions carried out on the www.pro-laser.com website.
Payments made by the Customer will only be considered final after actual collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the terms and conditions indicated above.
Payment terms
Any claims concerning the invoice must be made within 30 days of receipt of the first package.
Payment incidents
In the event that the price of the Order cannot be debited, the sale will be automatically annulled and the order will consequently be cancelled.
ACCEPTANCE, WARRANTIES, RETURNS, CLAIMS
Product checks
The unreserved acceptance of the Products ordered by the Customer, under the terms and conditions specified below, releases the Seller from all liability in the event of apparent defect, damage and/or missing items.
Missing items and damage related to transport
The Customer must check the number and condition of the Products upon receiving them, in the Carrier's presence.
In the event of missing items or damage related to transport, the Customer must mention its reservations and claims, precisely and in the Carrier's presence, on the delivery note or packing list, which will serve as a record of receipt. In this case, the Customer is required to notify its reservations by email or registered letter with acknowledgement of receipt to the Seller, attaching to it the delivery note or packing list, and specifying the nature of the claim, and this within the 2 working days following delivery, under penalty of nullity of the reservations with regard to the Seller.
It is the Customer's responsibility to provide all supporting evidence on the reality of the alleged damage or missing items.
Non-compliance of the Products with the order
The Customer must notify the Seller of any reservation relating to the Products' compliance by email and by registered letter with acknowledgement of receipt, within the 2 working days following receipt of the Products concerned.
In the case of missing items due to the Seller's fault, the latter will supply these or issue a credit note, at its discretion, without the Customer being able to claim the cancellation of the sale or any compensation. Any Customer claim will not suspend payment for the Products concerned.
It is the Customer's responsibility to provide all supporting evidence relating to the non-conformity of the Products.
Claims – Warranty and Returns
Warranty periods:
- For the SWITCH range: 3 years for inkjet cartridges and lifetime for laser cartridges from the invoice date.
- For the MAF range: 1 year after the installation deadline indicated on the product.
- For other 'Cartridge' Products: 1 year from the invoice date
- Health products and PPE: see expiry date on packaging
The Seller accepts no liability for services to third parties other than Dropshipping.
The Seller ensures the shipment of Products up to 6 months before the expiry date, and declines any liability for the use of Products outside of the warranty period or expiry date.
The compatibility of the Products is guaranteed as at the invoice date.
Return of Products:
In the event of a return of defective Products, and subject to written agreement, numbered by the Seller, the cost of transporting the return will be borne by the Seller.
In the event of a return of Products related to an error in the Customer's order, the cost of transporting the return will be borne by the Customer.
The Seller will not take back the Products sold. The Customer is responsible for the destruction of the Products sold.
On print consumables, no technical assistance will be provided on the out-of-range SWITCH Products. For returns from countries outside of mainland France, a credit note may be given;
For returns from mainland France, a credit note or replacement may be given.
Returns of defective products not accepted
All Products for which the reference labels (in particular on the body of the consumable) are not present, making identification impossible, cannot be the subject of an exchange or refund on the part of the Seller.
SWITCH Range
The inkjet cartridges of the SWITCH range are guaranteed for 3 years, and the laser cartridges of the SWITCH range are guaranteed throughout their lifetime. Any use not in accordance with the instructions for use cannot engage the liability of the Seller.
They are covered by technical assistance, made available to the Products' end users in France. In case of difficulty of use, it is up to the end user to contact the SWITCH Consumer Service directly via the email address that appears on each package.
HP reconditioned cartridges
The reconditioned HP cartridges supplied by the Seller were originally marketed by HP Group within the States that are party to the agreement within the European Economic Area.
RESERVATION OF OWNERSHIP
The Seller reserves ownership of the Products until they are paid in full. For the duration of the retention of ownership, the Customer will bear the burden of risk in the event of loss or destruction of the Products sold as from their delivery. The Customer remains liable from the date of delivery for the maintenance of these products and any damage they may suffer.
In the event of receivership or judicial liquidation of the Customer, ownership of any delivered and unpaid Products may be claimed by the Seller.
In the event of resale of the Products supplied by the Seller before the Customer has paid the full price, the latter undertakes to inform any buyer of this retention of ownership clause affecting the said Products, and the right of the Seller to claim the Products concerned or the price thereof from the buyer.
TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller's products to the Customer will only be made after full payment of the price indicated on the order by the latter, and regardless of the date of delivery of those products.
PERSONAL DATA
Customers are informed that the collection of their personal data is necessary for the sale of the Products and their shipment/delivery, entrusted to the Seller.
This personal information and data will also be kept for security purposes, in order to comply with legal and regulatory obligations.
They will be kept for as long as necessary for the execution of the work ordered and any warranties applicable to the Products ordered.
The data controller is the company: PROLASER, ZA Les Acacias 3, impasse Gutenberg 85450 LA BOISSIERE DES LANDES.
Access to personal data will be strictly limited to the employees of the data controller, authorised to process it on account of their functions.
The information collected may possibly be communicated to third parties linked to the company by contract for the implementation of subcontracted tasks, without the authorisation of the Customer being necessary.
It is specified that, in the context of performing their services, third parties only have limited access to the data and have a contractual obligation to use it in accordance with the provisions of applicable legislation on the protection of personal data.
Customers have a right of access, rectification, erasure, and portability of the data concerning them, as well as the right to oppose processing for legitimate reasons, a right they can exercise by contacting the following email: dpo@pro- laser.fr, attaching a valid proof of identity.
INTELLECTUAL PROPERTY
The content of the website www.pro-laser.com is the property of the Seller and its partners, and is protected by French and international laws relating to intellectual property.
All commercial documentation provided by the Seller is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
APPLICABLE LAW – LANGUAGE
These GTCS and the transactions arising therefrom are governed by and subject to French law.
These GTCS are written in French. If they are translated into one or more languages, the French text will prevail in the event of any dispute.
DISPUTES
For any complaint, please contact customer service at the postal or email address of the Seller indicated in Article 1 of these GTCS. In the absence of an amicable settlement of the dispute, the only competent authority will be the Commercial Court of LA ROCHE SUR YON (France).