1 - Object and scope
2 - Intellectual property
3 - Orders
4 - Deliveries
5 - Price
6 - Payment
7 - Guarantee of apparent and hidden defects
8 - Nominative information
9 - Force majeure
10 - Attribution of jurisdiction
11 – Waiver
This website www.ulmtechnologie.com is owned by the ULM TECHNOLOGIE Company,
SAS with a capital of 201.000 euros whose head office is at the aerodrome of Valenciennes 59121 PROUVY, registered in the trade and companies register under the number 409 587722, tel: +33 (0) 3126.96.36.199, fax: +33 ( 0) 3188.8.131.52.
The purpose of these general conditions of sale is to define the terms and conditions of sale and the terms and conditions for sales between ULM TECHNOLOGIE and its customers on this website. The validation of the icon allowing the buyer to become acquainted with and to adhere to the present general conditions of sale will be worth irrevocable and definitive consent of his part on all the provisions appearing in the general conditions of sale.
Article 1 - Object and scope
1.1- The present general conditions of sale prevail over any other document of the purchaser, and in particular on all general conditions of purchase, except express and preliminary derogatory agreement of our company.
1.2 - These general conditions of sale apply to all sales of products by our company on its website unless specific agreement prior to the order agreed in writing between the parties.
1.3 - Any other document than the present general conditions of sale and in particular catalogs, prospectuses, advertisements, notices, is only indicative, non-contractual. The photos and graphics presented on the website are only indicative and do not engage the responsibility of the seller.
Article 2 - Intellectual property
All texts, comments, illustrations and images reproduced on the site www.ulmtechnologie.com are reserved and are the exclusive property of ULM TECHNOLOGIE or its suppliers and are protected by copyright and intellectual property for the World whole and the drawings, models, patents, plans and in a general way all documents of any kind given or sent by ULM TECHNOLOGIE to the customer are the exclusive property of ULM TECHNOLOGIE or its suppliers.
Consequently the elements or documents mentioned above can only be used for strictly private purposes except with the prior written authorization of ULM TECHNOLOGIE. They can not be executed or reproduced without the express, prior written authorization of ULM TECHNOLOGIE or be the subject of any claim of any intellectual property right of any nature whatsoever.
The images presented in this site constitute a representation of the product delivered to the customer. The evolution of the purchases and the modifications of manufacture can cause differences between the photos and the products delivered, without the responsibility of the Company ULM TECHNOLOGY could be engaged.
Photos and illustrations presented on the site have no contractual value.
Article 3 - Orders
3.1 - The products offered for sale by ULM TECHNOLOGIE are those presented on the website www.ulmtechnologie.com and whose essential characteristics are described.
In accordance with Article L. 111-1 of the Consumer Code stipulating that "Before the consumer is bound by a contract for the sale of goods or the provision of services, the trader communicates to the consumer, in a readable and comprehensible manner, the following information :
1. The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned;
2. The price of the good or service, pursuant to articles L. 113-3 and L. 113-3-1;
3. In the absence of immediate execution of the contract, the date or the time at which the trader undertakes to deliver the goods or to perform the service;
4. Information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they do not appear from the context, as well as, if applicable, those relating to legal warranties, functionalities of the digital content and, where appropriate, its interoperability, the existence and implementation of the guarantees and other contractual conditions. The list and the precise contents of this information are fixed by decree in Council of State ".
The company ULM TECHNOLOGIE allows the customer, prior to placing an order, to request additional information on these products by phone or fax, numbers listed in the preamble of these terms and conditions of sale. The Company ULM TECHNOLOGY thus undertakes to provide the customer with all the complementary information he may wish to obtain if he did not consider himself sufficiently informed by the description and the characteristics of the products sold on the aforementioned site. However, it is the customer's responsibility to verify that the products ordered correspond to his needs and their destination, the customer will have informed ULM TECHNOLOGIE of any intended use of the goods ordered and will be able to justify the agreement ULM TECHNOLOGY on the desired characteristics.
3.2 - Automatic registration systems are considered as proof of the nature, content and date of the order. ULM TECHNOLOGIE confirms the acceptance of its order to the customer to the email address that it has communicated. The sale will be concluded only after the confirmation of the order. ULM TECHNOLOGIE reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order. The information given by the buyer when placing an order is binding on the latter: in the event of an error in the addressee's address, the seller can not be held responsible for the impossibility in which it could be delivered. the product.
An irregular declaration or an anomaly may also be the subject of a specific treatment. In accordance with the Data Protection Act of 6 January 1978 you have at any time a right of access, rectification, and opposition to all of your personal data by writing, by mail and justifying your identity.
3.3 - ULM TECHNOLOGIE reserves the right to make any modifications or improvements to its products at any time that it deems useful, without this being able to justify on the part of the customer, a refusal of receipt and reserves the right to any time to delete any of the products on its website, this removal can in no way justify the customer, some damages and interests that are. If a product was to be deleted and if the customer did not wish to choose another identical or similar product, his order would be automatically canceled and the payments made would be refunded.
The ULM TECHNOLOGIE product offers are offered within the limits of available stocks, and for products not stored in the premises of ULM TECHNOLOGIE, within the limits of the availability of its suppliers, which are beyond the control of ULM TECHNOLOGIE . In case of unavailability of products after placing the order, ULM TECHNOLOGIE undertakes to inform the customer as soon as possible, by fax, mail, Internet or e-mail. The customer can then cancel the order and ULM TECHNOLOGIE will refund to him, as soon as possible, any amount that could have collected from the customer.
Any unavailability of the products, for any reason whatsoever, will in no case give rise to the payment by ULM TECHNOLOGIE of some damages and interests or some expenses of any nature that they are.
3.4 - Any incident of payment will authorize ULM TECHNOLOGIE to suspend the execution of all the current orders of the customer, without this one can not claim damages, nor compensations of any kind. In addition, the buyer must refund to ULM TECHNOLOGIE all the costs incurred by the recovery of the unpaid amounts, including a fixed compensation of 10% of the sums due, without prejudice to any other damage and interest.
For any large or special order, a deposit of 30% will be required.
Article 4 - Deliveries
4.1 - Deadlines
Our company strives to respect the delivery deadlines to the acceptance of the order, according to the logistic deadline of reference in the profession, and to execute the orders, except in case of force majeure, or in the event of circumstances beyond its control, such as strikes, freeze, fire, storm, flood, epidemic, supply difficulties, without this list being limiting.
A delay in delivery can not, under any circumstances, give rise to the payment by ULM TECHNOLOGIE of any damage and interest, penalty of delay, compensation or expenses of any kind. In the event that ULM TECHNOLOGIE is unable to ensure the delivery of the products ordered under the conditions set out in this article, and in particular in case of impossibility of delivery within 30 days, for metropolitan France or Corsica, due in particular to the unavailability of the product, the sale could then be solved as of right if it seems to the customer, without compensation on both sides.
If the customer wanted the sale to be resolved, ULM TECHNOLOGIE would then undertake to refund immediately to the customer any amount that it could have collected from the customer in execution of the order subject to the resolution.
4.2 - Risks
Regarding the goods sold, the transfer of risk will take place as soon as the transfer of possession of the goods for the benefit of either the customer or the carrier in charge of delivering it. From this moment, the risks of the thing will weigh exclusively on the customer.
The customer will be able to subscribe an optional transport insurance under the conditions and limits indicated on the website.
4.3 - Transport
It is the customer, in case of damage of the goods delivered or missing, to make all the necessary reservations with the carrier. Any product not subject to reservations by registered letter with acknowledgment of receipt within three days of receipt from the carrier, and a copy will be sent simultaneously to our company, will be considered accepted by the customer.
4.4 - Reception
Without prejudice to the provisions to be taken by the customer vis-à-vis the carrier as described in Article 4.3, any claim, whatever its nature, relating to the delivered products, will not be accepted by our company only if it is done in writing, by registered letter with acknowledgment of receipt, within a maximum of seven days from the date of delivery of the products. After this period of seven days after the delivery of the products, no claim concerning the conformity, the deterioration of the products or the missing ones will be admitted and ULM TECHNOLOGIE will be released from any responsibility, the products being considered conform in number and quality to those which had been ordered. In the event of a complaint from the customer, the latter must provide all the proofs as to the reality of the lack of conformity, deterioration or missing evidence.
No return of goods can be made by the customer without the prior express agreement, written, of our company, obtained by fax or email, which may require a secure choice of mode of transport return. The return costs will be borne by our company only in the case where an apparent defect, or missing, is actually noted by the latter or his representative. ULM TECHNOLOGIE would then undertake to replace, free of charge, the customer non-compliant items, damaged or missing, and to refund the cost of return of these products, without the customer being able to claim a few costs, penalties, allowances, damages and interests of whatever nature it is.
The inner or rear face (tubes and angles) of custom products may have defects related to the laser cutting process without affecting the quality of the product and the aesthetics of the visible side. It can not be returned for this reason. Furthermore, steels (not galvanized steel and stainless), may show traces of superficial corrosion that does not affect the quality of the product that can not be returned for this reason.
The customer has a period of 14 working days, from the receipt of the product in its premises, to return this product to ULM TECHNOLOGY if it does not suit him (products "Satisfied or reimbursed"). Shipping and return of these products will be the responsibility of the customer. Products subject to the right of withdrawal will only be taken back by ULM TECHNOLOGIE if the products are returned in their entirety, in the complete original packaging and intact, and in perfect condition for resale.
The exercise of this right of withdrawal only applies to remote and off-premises orders and excludes any order made in the store.
In accordance with the provisions of Article L121-21-8 of the Consumer Code The right of withdrawal can not be exercised for contracts:
1. Provision of services fully performed before the end of the withdrawal period and whose execution has started after the express prior consent of the consumer and express waiver of his right of withdrawal;
2. supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3. Supply of goods made to the specifications of the consumer or clearly personalized;
4. supply of goods likely to deteriorate or expire quickly;
5. Supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection;
6. supply of goods which, after being delivered and by their nature, are mixed indissolubly with other articles;
7. Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8. Maintenance or repair work to be carried out urgently in the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
9. Provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10. supplying a newspaper, periodical or magazine, except for subscription contracts to such publications;
11. Concluded at a public auction;
12. Accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided at a specified date or period;
13. Providing digital content that is not supplied on a physical medium whose performance has begun after the express prior consent of the consumer and expressly waives his right of withdrawal.
The contractual warranty does not cover damage caused by connection errors, overvoltages, mechanical alterations, falls, misuse, neglect ... and excludes parts with normal wear and tear (batteries, rechargeable batteries , reading heads ...) or whose wear is related to abnormal use of the product. Products excluded from the right of withdrawal are expressly mentioned as such in the product description. The right of withdrawal provided for in this article is exercised without penalty and, in the event that the customer would exercise it, it could then request either the refund of the sums paid, or the exchange of the product which would then be forwarded to the customer at his own expense. If the customer wishes to obtain, in fulfillment of his right of retraction, the reimbursement of the price of the product ordered, ULM TECHNOLOGIE undertakes to reimburse the latter within a maximum of 30 days following the date on which ULM TECHNOLOGIE has received the product returned by the customer.
Returned products must be intact, complete, packaged in the original packaging and, if necessary, disconnected.
The responsibility of our company can not in any case be blamed for facts during transport, destruction, damage, loss or theft, even if it chose the carrier.
Article 5 - Price
The selling prices of the products are fixed by the tariff in force on the day of the placing of the order. ULM TECHNOLOGIE reserves the right to modify its prices at any time and in case of variation of the prices, the applicable prices will be those in force on the date of reception of the order.
The prices and prices listed on the website www.ulmtechnologie.com are indicated in euros and include the amounts excluding taxes and all taxes. They are net of any discount and shipping or shipping costs and excluding packaging.
Article 6 - Payment
6.1 - Payment
The payment of the products ordered on the ULM TECHNOLOGIE site is made in cash with the order by credit card (VISA or EUROCARD MASTERCARD), check or transfer.
For orders over 1000 €, only transfers or payments by check are accepted.
6.2 - Non-payment-retention of title clause
The seller retains ownership of the delivered or delivered delivery until the actual payment of the full price and accessories. (Law No. 80.335 of 12 May 1980)
Until the actual payment:
- the risks are transferred to the customer who assumes responsibility for any damage that the supply may suffer or cause
- the customer undertakes to store the goods in such a way that 'they can be recognized
- the customer can not, under penalty of damages for resistance abusive, evade the return of the supply
- the customer assumes the full costs of storage or return of supplies remained the property of ULM TECHNOLOGY
In case of default of payment 8 days after a letter of formal notice sent by registered letter with acknowledgment of receipt and remained unsuccessful, the sale will be terminated ipso jure if it seems to ULM TECHNOLOGY who may request the return of products without prejudice to any other damage and interest.
Article 7 - Guarantee of visible and hidden defects
The materials and goods delivered by the seller are guaranteed up to the guarantee that the supplier or the manufacturer grants us.
ULM TECHNOLOGIE guarantees that its products comply with the French and European regulations and standards applicable to them, when they exist. ULM TECHNOLOGIE warrants its products against defects in materials, workmanship and design for a period specific to each product, from the date of delivery, this warranty period appearing for each product on the product sheet attached to it. If the customer considers that the delivered products were tainted of defect of material or latent defects, he will have to inform ULM TECHNOLOGIE in writing, without delay by specifying the nature and the extent of the alleged defects and providing all the evidence as to the reality of these. The buyer must allow ULM TECHNOLOGIE every facility to carry out, or cause to be carried out by any third party designated by it, all the findings that it deems necessary, and ULM TECHNOLOGIE may, in particular, solicit from the customer the return of the disputed products, at its expense. for analytical purposes.
If at the end of these checks, analyzes or verifications it turned out that the products were well defective, ULM TECHNOLOGIE undertakes to repair or replace free of charge any defective product recognized. ULM TECHNOLOGIE's warranty is strictly limited to the obligation to repair or replace defective products, and it is expressly stated that ULM TECHNOLOGIE will not be held liable for compensation of any kind whatsoever to the customer for any reason whatsoever. prejudice of any nature whatsoever and to no payment of any costs, penalties, indemnities or damages, whether due to defects or defects in the products sold by it. In addition it is expressly stated that are excluded from the warranty consequential deterioration, use of ULM TECHNOLOGIE products not in accordance with the instructions for use, use of ULM TECHNOLOGIE products not in accordance with the use for which they are intended, any modification made to the equipment without the prior authorization of ULM TECHNOLOGIE, to external constraints or any other case of force majeure, to normal wear, the guarantee can not in any case have the effect of extending the life of the products ULM TECHNOLOGIE the replacement of consumables.
In any case, in case of sale to consumers, the terms and conditions of this article do not affect the rights of the consumer, resulting from the legal guarantee of hidden defects.
Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the buyer, as in case of normal wear of the property, accident or force majeure and the seller's warranty is limited to replacement or the reimbursement of non-compliant or defective products. The buyer is solely responsible for the choice of products, their preservation and their use.
The seller can not be held responsible in case of accident for the buyer and / or third parties, resulting from improper handling of the delivered products. The seller can not be held responsible for damage resulting from the use of the Internet, such as loss of data, intrusion, virus, break of the service or other unintentional problem.
NB: The materials and goods in this catalog are industry standard products and it is the responsibility of the customer to verify that they are suitable for use by an aircraft.
In case of dispute regarding the proper functioning of the goods ordered, the customer must notify the seller and make the merits of his claims to the seller. The company declines any responsibility, in case of disassembly of the incriminated part outside the presence of a technician of our company or a company authorized by it.
Article 8 - Nominative information
ULM TECHNOLOGIE undertakes not to communicate to third parties the information transmitted to it by the customer, as this information is confidential. This information will only be used by ULM TECHNOLOGIE's internal departments for the processing of the customer's order. In accordance with the Data Protection Act of January 6, 1978, the customer has a right of access, rectification and opposition to personal data concerning him. For this, it is sufficient to make the request online or by mail, specifying the names, first names, addresses and, if possible, the customer reference.
Article 9 - Force majeure
ULM TECHNOLOGIE may be released from all or part of its obligations without being able to claim damages in the event of fortuitous events or force majeure preventing or delaying, either the manufacture or shipping of products, or some of their elements.
If the event were to last more than thirty days from the date of its occurrence, the contract of sale concluded by our company and its client may be terminated by its most diligent party, without any of the parties may claim damages. This termination will take effect on the date of first presentation of the registered letter with acknowledgment of receipt denouncing said sales contract.
Article 10 - Attribution of jurisdiction
By express agreement between the parties, the Commercial Court of our head office will have sole jurisdiction for all disputes or for all procedures related to the formation, the execution or the interpretation of these general conditions of sale. sale and all sales operations of ULM TECHNOLOGIE products. These general conditions of sale and all sales made by ULM TECHNOLOGIE are subject to French law.
Article 11 - Renunciation
The fact that our company does not avail itself at a given moment of any of the clauses hereof, can not be a waiver to use these clauses at a later date.