Terms of Sales

Overview

This website is operated by ACE Electronique SN. Throughout the website, the terms ‘we’, ‘us’ and ‘our’ refer to ACE Electronique SN. ACE Electronique SN offers this website, including all the included information, tools and services, to you, the customer, subject to your acceptance of all terms, conditions, policies and notices herein stated.

By visiting this website and/or purchasing any of our products, you are engaging in our ‘Service’ and agreeing to be bound by the following terms and conditions (‘Terms and Conditions of Sale’, ‘Terms and Conditions of Sale and Use’, ‘Terms and Conditions’), including any additional terms, conditions and policies referred to herein. These terms and conditions of sale and use apply to all users of this website, including but not limited to users who browse the website, sellers, customers, traders, and/or content contributors.

Please, read these terms and conditions of sale and use carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these terms and conditions of sale and use. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use the services therein offered. If these terms and conditions of sale and use are considered as an offer, acceptance is expressly limited to these terms and conditions of sale and use.

Any new features and tools that are added to this store in the future shall also be subject to these terms and conditions of sale and use. You may view the most recent version of the terms and conditions of sale and use at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions of sale and use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of such changes.

SECTION 1 — CONDITIONS OF USE OF OUR ONLINE STORE

By accepting these terms and conditions of sale and use, the customer declares that they have reached the legal age of majority in their country, state or province of residence, and that they have given their consent to allow any minor in their charge to use this website.

Use of the products sold on the online store for any illegal or unauthorised purpose is prohibited; nor shall the Customer, in using the Service, violate the laws of its jurisdiction (including but not limited to copyright laws).

Any breach or violation of these terms and conditions of sale and use shall result in immediate termination of the Services.

SECTION 2 — SERVICE AND PRICE CHANGES

Product prices may change without prior notice.

ACE Electronique SN reserves the right to modify or discontinue the Service (or any portion thereof) at any time without prior notice.

ACE Electronique SN is not liable to the customer or any other third party for any price changes, suspension or interruption of the Service.

SECTION 3 — PRODUCTS OR SERVICES

Some products or services may be available exclusively online on this website. Such products or services may be available in limited quantities and may only be returned or exchanged in accordance with ACE Electronique SN’s return policy.

ACE Electronique SN reserves the right, but is not obligated, to limit sales of its products or services to any person, and in any geographical area or jurisdiction. ACE Electronique SN may exercise this right on a case-by-case basis and shall reserve the right to limit the quantities of any product or service offered. All product descriptions and prices are subject to change at any time without prior notice, at its sole discretion.

ACE Electronique SN shall reserve the right to suspend the provision of a product at any time.

SECTION 4 — ACCURACY OF ACCOUNT INFORMATION

Customer agrees to provide current, complete and accurate order and account information for all orders placed on the Store. Thus, the customer commits to promptly update their account and other information, including their e-mail address, credit card number and expiration dates, so that ACE Electronique SN may complete transactions and contact them if necessary.

SECTION 5 — ORDER ACCEPTANCE

ACE Electronique SN shall not be bound by offers, commitments of its employees, and verbal or written orders unless it has received written confirmation or has dispatched the relevant goods.

The contract shall take effect when the order is accepted by e-mail or directly on the online store by written confirmation from ACE Electronique SN. In the absence of confirmation, delivery shall be considered order acceptance.

Any subsequent changes to the order may result in an additional cost which shall be communicated to the customer for acceptance. Changes may also cause delayed delivery of the order.

In case of cancellation of the order, and depending on the products from said order, ACE Electronique SN shall reserve the right to retain all or part of the amount involved.

SECTION 6 — PRODUCT DELIVERY

Delivery shall be done by handing over the goods, either directly to the customer, or to a shipper or carrier chosen by ACE Electronique SN at the lowest rates, without any responsibility on our part. In all cases, the goods shall be transported at the customer’s risk.

Insurance against breakage, theft or loss shall be taken out only at the written request of the customer, who must first provide the amounts required to pay the resulting premiums, costs and taxes.

ACE Electronique SN shall reserve the right to charge the customer a lump sum as transportation costs for small orders. A minimum charge shall be applied for any delivery under €50.

In case of delay, damage, or total or partial loss of the goods and products transported, it is up to the customer to take any action.

Complaints about the characteristics, quality, quantity or weight of the goods delivered or their non-conformity with the shipping or delivery note must be made in writing within 15 days of receipt of the goods. Without prejudice to the measures to be taken with regard to the carrier, this 15-day period is sufficient to allow the customer to carry out qualitative and quantitative checks on the goods delivered.

Any increase in duties, taxes, levies and stamps calculated on the cost or volume of the goods, occurring after the conclusion of the contract with the customer, shall be borne by the buyer, even if the sale is delivered ‘duty paid’.

The delivery times mentioned on our documents are only indicative and only start when all conditions of sale are agreed upon by the parties. Our company shall not be responsible for delivery times, unless otherwise agreed by the parties.

SECTION 7 – AFTER-SALES RESPONSIBILITIES

In case of defective delivery, the responsibility of ACE Electronique SN shall be limited to the obligation to replace the goods or to reimburse its price as invoiced to the customer; excluding any damages.

Reimbursement of the defective goods shall be made by any means at ACE Electronique SN’s convenience and shall be subject to the client’s prior payment of all invoices that have fallen due and to the client’s compliance with all commercial commitments, such as those resulting from these terms and conditions of sale and use.

The customer requesting a replacement or a refund for a quantity of defective goods, must provide ACE Electronique SN with this stock of products for control and possible valuation purposes. Otherwise, the responsibility of ACE Electronique SN shall not be called into question.

SECTION 8 – CAUSES OF CHANGES IN ESTABLISHED TERMS AND CONDITIONS

In the event that any change in the customer’s situation is likely to have an unfavourable influence on the customer credit granted by ACE Electronique SN, the current contract may be cancelled unilaterally by ACE Electronique SN, which shall require new guarantees.

For any contract concluded with a customer, customer credits granted shall be limited to the contract initially agreed upon. Accordingly, if the customer places additional orders while the initial contract is not fully settled, so that this new situation adversely affects the credit granted to the customer, ACE Electronique SN shall reserve the right to request new guarantees or advance payment from the client, in order to reconstitute customer credit with the company.

If the contract concluded with the customer comprises several deliveries and the customer refuses a scheduled delivery or fails to pay in full a due contractual payment stated on an invoice sent to them, the contract shall be terminated by operation of law. Accordingly, the customer cannot object to a request from ACE Electronique SN for any repair with regard to their ‘delivery obligations’, which becomes without effect from then on.

Moreover, by mutual agreement between the parties, the seller may use the right to immediately demand the totality of the amounts due by the customer by referring to the initial order and the contract concluded between the parties. As a result, all amounts due under the order in question and all other amounts due to ACE Electronique SN by the same customer and of any nature whatsoever, shall become immediately payable regardless of the contractual conditions previously agreed upon, without any formal notice from ACE Electronique SN, or further discussion.

In the event of late payment or partial payment on the due date, unless ACE Electronique SN gives prior written consent, deliveries shall be suspended until full payment of the principal amounts due as well as of the interests, and the contract concluded between the parties shall be terminated through operation of law.

In case of failure by the customer to meet any of the obligations resulting from the contract concluded or from these terms and conditions of sale and use, ACE Electronique SN shall reserve the right to have the sale(s) terminated by operation of law, which shall take effect ten days after formal notice by registered letter with acknowledgement of receipt, if such letter remains without effect.

SECTION 9 – PAYMENTS

Payments shall be made to the order and address of ACE Electronique SN or via the online payment portal of the online store.

Compliance with the contractual payment deadline is imperative. Unless otherwise agreed, invoices are payable within 30 days from the date of shipment of the goods, at the latest. In case of payment by bill of exchange, the buyer must return the bills of exchange issued to them within 7 days.

In accordance with Article L441-6 of the Trade Code, in the event that the amounts due are not paid on the due dates, late payment penalties — an amount equal to three times the legal interest rate — shall be applied to said amounts due, and will be calculated until the payment is fully and completely cleared.

In case of late payment or partial payment on the due date, ACE Electronique SN shall reserve the right to suspend deliveries until payment of the amounts due in principal and interest.

By mutual agreement between the parties, and as a penalty provision, a fixed amount of 150 euros shall be applied per unpaid claim.

If the customer’s financial situation is not satisfactory, ACE Electronique SN shall reserve the right to request new guarantees and to terminate the contract by operation of law.

The agreed prices take into account the economic and monetary context and current prices of raw materials. ACE Electronique SN shall reserve the right to invoice all or part of the contract at different prices, insofar as said conditions are subject to variations, either before the order or during the execution of the contract. Prices shall always be based on the market price valid at the time of submission of the offer or registration of the order and are subject to revision in case of a change in said price.

SECTION 10 — WARRANTY

ACE Electronique SN guarantees that the products, when used in accordance with the technical specifications, are free from defects in material, design or manufacture.

The warranty period shall begin on the date of invoice of the products. The warranty period shall expire on the same day of the same month two years later, and shall cover defects in materials, design and manufacture of the products, excluding defects resulting from their installation.

Replacement or repair of all or part of a product shall not extend the duration of this warranty. Replacement products or spare parts shall be guaranteed for the remaining period.

Under this warranty, ACE Electronique SN shall only be liable for the replacement of defective products at no cost to the customer, without the customer being able to claim damages for any reason whatsoever.

For the warranty to be applicable, the products must be installed and used in accordance with ACE Electronique SN’s technical specifications.

In any event, this warranty does not cover products that have been improperly installed or used in a manner that is inconsistent with their intended purpose; nor does it cover products that have been subject to accident, negligence or damage.
Furthermore, products whose serial numbers have been removed or erased shall be excluded from this guarantee.

Products may not be repaired or modified without prior written authorisation from ACE Electronique SN.

SECTION 11 – LIABILITY

As a reminder, products must be used in accordance with the prescriptions of ACE Electronique SN and the user manual provided.

The customer is solely responsible for any damage, direct or indirect, which may be caused by the use of the products.

To safeguard against these risks, the customer declares to be validly insured with a solvent insurance company.

In any case, ACE Electronique SN may not be held responsible for any immaterial damage such as loss of profit, performance, operation, etc. caused to the customer. The customer waives every recourse against ACE Electronique SN aimed at obtaining compensation for the financial consequences of any prejudice caused to third parties and shall indemnify ACE Electronique SN for any claims from third parties linked, directly or indirectly, to the use of products.

SECTION 12 – WAIVER

The fact that ACE Electronique SN does not avail itself at a given time of any of the clauses of these terms and conditions of sale and use shall not constitute a waiver of the right to avail itself of the same clauses at a later date.

SECTION 13 – APPLICABLE LAW

These terms and conditions of sale and use, as well as any separate agreement through which ACE Electronique SN provides Services, shall be governed by and interpreted in accordance with French law.

In case of dispute, after an attempt to find an amicable solution, jurisdiction is expressly attributed to the Commercial Court of Chambéry (73).

SECTION 17 – CONTACT INFORMATION

Questions regarding the terms and conditions of sale and use should be sent to contact@ace-electronique.com.