General terms of sale
The Motion System website online shop has been put in place by the Motion System company, which is the operator of this site. Any decision to make an order for any product contained within this online shop website www.motion-system.com assumes that these general conditions have been consulted in advance.
Accordingly, it is assumed that customers agree that they are fully informed of the fact that this Agreement concerning the contents of these general conditions does not require any handwritten signature of this document, to the extent that customers wish to order any of the products online which are presented as part of the online shop. The customer has the option to save or edit these general conditions, with the proviso that both the saved or edited versions of this document fall under his or her sole responsibility.
Prior to making their order, customers state that the acquisition of these products is in direct relation with their professional activity. If it transpires that the customer, on an exceptional basis, makes this order for personal use, the provisions of the Consumers' Code confirmed by Article 16 of these general conditions of sale would be applicable to him or her.
Otherwise, Article 16 containing the provisions of Articles L 121-16, and following, of the Consumer Code is purely excluded!*
If the customer, in exceptional circumstances, intends to make this acquisition for personal needs, the Motion System shop should be expressly informed while the order is being made.
In default of this, the customer is deemed to have endorsed this contract within the framework of his or her professional obligations.
The online shop put in place by the Motion System company within the website framework contains the following information:
- Presentation of the essential characteristics of the goods offered
- Indication, in Euro, of the prices of goods, as well as, where appropriate, the costs of delivery
- Indication of the detailed arrangements for payment, delivery, or execution
- The period of validity of the offer or the price
Article 1: Integrality
These general conditions express the entirety of the obligations of the parties. In this sense, the customer shall be deemed to accept without reservation the entirety of the provisions laid down in these general conditions. No general or specific condition contained in the documents sent or given by the consumer can be integrated with these conditions, where these documents would be inconsistent with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the Motion System company to the customer.
Article 3: Contractual Documents
This contract comprises the following contractual documents, presented in descending order of hierarchy: these general conditions and the purchase order. In the event of a contradiction between the provisions contained in the documents of different rank, the provisions of the higher rank document shall prevail.
Article 4: Entry into force - duration
These general conditions shall enter into force on the date of signature of the purchase order. These general conditions are concluded for the duration necessary for the provision of goods and services purchased, up to the expiry of the guarantees owed by the Motion System company.
Article 5: Electronic Signature
The "double-click" of the client under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be the subject of a confirmation by e-mail to the address indicated as soon as possible by the client within the purchase order.
Article 7: Evidence of the transaction
The computerised records, kept in the computer systems of the Motion System company in conditions of reasonable safety, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced in evidence.
Article 8: Information on the products
8-a : The Motion System company presents on its web site the products for sale with their inherent necessary characteristics which allows the potential customer to know before making a final order the essential characteristics of the products that he or she wishes to buy.
8-b : The offers proposed by the Motion System company are valid only while stocks are available.
Article 9: Prices
Prices are indicated in Euro and are only valid on the date of the purchase order dispatch by the customer. These prices do not take into account costs of delivery, supplemental invoices, and prices specified before the validation of the order. These prices take into account the VAT applicable on the day of the order and any change in the applicable rate of VAT will be automatically reflected in the price of products in the online shop. The full amount of the price must be paid at the time of the order. At no time shall the sums paid be considered as a deposit or as pre-payments.
Article 10: Method of Payment
To settle his or her order, the customer can choose any of the methods of payment referred to within the purchase order. The client assures the Motion System company that he or she has the necessary permission to use the method of payment chosen by him or her, during the validation of the purchase order. The Motion System company reserves the right to suspend any order management and any delivery in cases of refusal of credit card payment authorisation on the part of officially accredited agencies, or in case of non-payment. The Motion System company reserves the right to refuse to execute a delivery or to honour an order from a customer who has not totally or partially settled a previous order or where there is a dispute about payment in course or pending.
Article 11: Availability of products
The order will be executed at the latest within a period of 7 days from the day following that on which the client has made the order. In the case of unavailability of the product ordered, particularly when this is due to our suppliers, the customer will be informed as soon as possible and will have the possibility of cancelling the order. The customer will have the choice of either requesting the reimbursement of sums paid within 30 days at the latest of their payment, or exchange of the product.
Article 12: Terms of delivery
The products are delivered to the address indicated by the customer on the order form and only within metropolitan France. The customer is obliged to check the condition of the packaging of the goods at the time of delivery and to point out any damage caused by the carrier on the delivery docket, as well as to the Motion System company, within a one week time period. The customer may, upon request, have the invoice sent to the billing address rather than to the delivery address by validating the option provided for this purpose on the purchase order. As soon as we are proceeding to shipment, you will immediately receive a notification email.
To minimise transport costs, all low or medium volume products are shipped by the "Colissimo Suivi" postal service. In addition to being economical, this service delivers within 48 hours in the whole of France and offers you the possibility of picking up the ordered products at the post office nearest to the delivery address in case of absence from the place of initial attempted delivery. Specifically, if you are absent on the day of delivery, your delivery postman will leave a notice in your postbox, which will allow you to collect your package at your post office, during opening hours, within a period of 15 days. Colissimo Suivi is a very reliable service. However, as in any shipment, it is possible that there may be a delay in delivery or that the product is misplaced. In case of delay in delivery in regards to the date that we have indicated to you in the shipment e-mail, we ask you to inform us of this delay by giving us a phone call or by sending us an email. We will contact the Post Office to start an investigation. A Post investigation may last up to 21 days from the date of commencement of the investigation. If during this period, the product is found, it will be re-routed immediately to your home (the majority of cases). However, if the product is not found within the investigation period of 21 days, the Post considers the parcel as lost. It is only at this time that we can send you a replacement product at our expense. If any of the products ordered were no longer available at this time, we will refund the amount of the products concerned which were lost through the carrier. If any of the products were still available, but had changed sale price on the site, we would apply the new selling prices, either by refunding to you by cheque the difference, or by requesting an additional cheque regarding the price discrepancy. We disclaim any liability for extended delivery timeframe through the fault of the carrier, especially in cases of loss of products or where due to strikes.
Article 13: Delivery problems through the fault of the carrier
Any anomaly concerning the delivery (damage, product missing in relation to the delivery docket, damaged package, broken products etc.) must be indicated on the delivery order in the form of "handwritten reserves", accompanied by the customer's signature. The client will simultaneously confirm this anomaly by addressing to the carrier within two (2) working days following the date of delivery a registered letter, with acknowledgement of receipt, outlining the said claims. The customer shall transmit a copy of this letter by normal post to:
Rente des Bons Pasteurs
VELARS SUR OUCHE
Article 14: Delivery Errors
14-a : On the day of delivery or not later than the first business day following the delivery,the customer shall have to make a complaint or claim to the Motion System company regarding an error in delivery and/or non-compliance of the products in nature or in quality in relation to the indications listed on the purchase order. Any claim submitted after this deadline will be rejected.
14-b : The formulation of this claim to the Motion System company may be made:- by connecting to our site under the heading "follow your order" " or, after you have entered your customer number, you can ask your question through the menu by contacting us specifying the order reference.
14-c : Any claim not carried out following the rules defined above and within the deadlines established cannot be taken into account and will release the Motion System company of any responsibility toward the consumer.
14-d : On receipt of the claim, the Motion System company will assign an exchange number for the product(s) concerned and will communicate this by e-mail, by fax or by telephone to the consumer. The exchange of a product may take place only after the allocation to the customer of a number of exchange according to the approach presented above.
14-e : In case of error of delivery or exchange, any product to exchange or refund must be returned to the Motion System company complete and in its original packaging, by Colissimo registered mail, to the following address:
Rente des Bons Pasteurs
VELARS SUR OUCHE
To be accepted, any return must be reported in advance to Customer Service of the Motion System company.
The costs of sending are at the expense of the Motion System company, except in cases where it would be proven that the product listed does not correspond to the declaration of origin made by the client in the return order
Article 15: Product Guarantee
In accordance with Article 4 of Decree No.78-464 of 24 March, 1978, these provisions may not deprive the client of the legal warranty which the professional seller is obliged to guarantee against all consequences of hidden defects of the article sold. The client is explicitly informed that the Motion System company is not the producer of the products presented in the framework of the web site, within the meaning of Act No.98-389 of 19 May, 1998 and relative to liability for defective products. Accordingly, in the case of damage caused to a person or to goods or property by a defect in the product, only the liability of the product producer may be pursued by the client, on the basis of the information contained on the product packaging. The conditions and duration of the producer's warranty are indicated on the product data sheets. Given the frequency of renewal of the components of technical products, Motion System may, on request, inform the customer of the availability of spare parts for the products offered and the means of possibly obtaining them.
Article 16: Right of Withdrawal
This article applies only if the customer has expressly declared this purchase is being made for personal use.
The consumer then has an applicable "cooling-off period" of 14 working days to return goods, if the products are not suitable. This time period runs from the date of delivery of the customer's order. If this time period expires on a Saturday, a Sunday or a public holiday, it is extended until the first business day following. Any return must be reported in advance to Customer Service of the Motion System company: - As a priority by mail to email@example.com Monday to Friday from 9 am to 12 noon, - by connecting on our website in the section "follow your order" or, after entering your customer number, you will be able to obtain your order number. The product should be returned by Colissimo registered post to:
Rente des Bons Pasteurs
VELARS SUR OUCHE
Only products returned in their entirety and in their original complete and undamaged packaging, and in perfect condition for resale shall be accepted for return. Any product that has been damaged, or whose original packaging has been damaged, will be neither refunded nor exchanged.
This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the case of the exercise of the right of withdrawal, the consumer has the choice of either requesting the reimbursement of sums paid, or the exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
In case of exercise of the right of withdrawal, the Motion System company will make all efforts to reimburse the client within a period of 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, especially when the product needs a technical verification (cf products to be tested in advance).
The consumer will then be reimbursed by re-crediting of his or her bank account (secure transaction) in case of payment by credit card, or by cheque in other cases.
Article 17: Rights of use
The right of use of Motion System company software, as well as software distributed by it, is granted to the consumer on a non-exclusive personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the customer has a right of reproduction exclusively for the establishment of a backup copy, when the latter is necessary to preserve the use of the software. In any event, the author of the software retains a right of ownership over their work, that the customer has committed to respect.
Article 18: Force majeure
Neither of the two parties will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. All irresistible facts or circumstances which are external to the parties, and are unpredictable, unavoidable, independent of the will of the parties and which cannot be prevented by these parties, despite making all possible reasonable efforts, will be regarded as fortuitous event or force majeure . The party affected by such circumstances will notify the other within ten working days following the date on which it will have had knowledge of this force majeur. The two parties will consult within a period of one month, unless this is impossible due to the case of force majeure, to examine the impact of the event and agree the conditions in which the execution of the contract will be continued. If the case where the force majeure has a duration of more than three months, these general conditions may be terminated by the affected party. In an explicit manner, also to be considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts are: blocking of the means of transport or supply, earthquakes, fires, storms, floods, lightning strikes; stoppage of telecommunication networks or specific difficulties with the telecommunication networks external to the customers.
Article 19: Non-partial validation
If one or more stipulations of these general conditions are held as non-valid or declared as such in application of a law, a regulation or as a result of a final decision of a court of competent jurisdiction, the other stipulations will retain their full force and scope.
Article 20: Non-Waiver
The fact that one of the parties does not claim due to a breach by the other party of any of the obligations stipulated in these general conditions shall not be construed as a waiver of the obligation in question in the future.
Article 21: Title
In case of difficulty of interpretation between any one of the titles contained in the heading of the clauses, and any one of the clauses, the titles will be declared non-existent.
Article 22: Applicable Law
These general conditions are subject to French law. This applies for rules of substance as well as rules of form. In the event of a dispute or claim, the customer shall be directed primarily to the Motion System company to obtain an amicable solution.
Article 23: Data Protection and freedom of information
The information requested from the consumer is necessary to handle the order and will be communicated to the contractual partners of the Motion System company involved in the context of the execution of this order. The client can write to the Motion System company whose contact details are within the charter of confidentiality contained in the web site framework, to oppose such communication, or to exercise his or her rights of access, rectification in respect of information concerning him or her and contained in the Motion System company files, under the conditions laid down by the Act of 6 January 1978.
Article 24: Prohibition on reproduction
MOTION SYSTEM company works ordered by the customer may not be reproduced, copied or used for purposes other than those provided for by the contract!
The use of photos, images, or works of Motion System is strictly prohibited.
The customer is liable to criminal prosecution in cases of misuse or reproduction of these images, photos or works.
In addition, the customer will be required to pay a lump sum award of 10,000 Euro per work reproduced or for fraudulent use of images to the MOTION SYSTEM company.
The Customer expressly acknowledges that this indemnity is not a penal clause and that in any case it is not disproportionate to the harm that would be suffered as a result of the fraudulent use of the MOTION SYSTEM company productions.
Article 25: Attribution of competence
In any case of dispute, the parties agree to have the Courts of DIJON as the competent court.