Legal notice
PREAMBLE
SMART GRADE is a single-member simplified joint-stock company with a capital of 6,000 euros, whose registered office is located at 1, rue de la Buffa – 06000 Nice. It is registered in the Nice Trade and Companies Register under number 850 695 248 and represented by Mrs Harmonie DUTILLIEUX as President.
It operates a wholesale business of electronic and telecommunications components and equipment for professionals.
The SMART GRADE Company delivers in Metropolitan France as well as abroad.
It operates its business through the website www.smartgrade.fr (hereinafter “the Site”) which it owns.
Customer service can be reached via the “Contacts” tab on the site.
The customer (hereinafter “Customer”) can contact the SMART GRADE Company by mail, e-mail or telephone using the information below:
• SMART GRADE mailing address
Customer service
1 rue de la Buffa
06000 Nice
• Email address sales@smartgrade.fr
• Telephones +33 09.88.09.93.38
+33 07 82 06 03 13
ARTICLE 1: OBJECT
Sales made by the SMART GRADE Company (hereinafter “the Company”) with its Customers are subject to these general terms and conditions of sale (hereinafter “the GTC”). This contract is subject to French law.
The T&Cs detailed below exclusively govern the contractual relationship between the SMART GRADE Company and the Customer. Their purpose is to define the rights and obligations of the parties in the context of the distance selling of goods offered by the Site.
The website is a showcase on which product catalogs are presented.
No order can be made via the website. Customers place their orders through the following channels, namely:
– By email,
– By telephone
– Or by WhatsApp
However, the order is effectively validated upon receipt by the Company of the order form duly dated and signed.
When a Customer places an order for the first time, the latter must necessarily open an account with the Company, read the general conditions of sale and tick the box “I accept the general conditions of sale”.
In the event of changes to these T&Cs, the Company will inform all of its customers so that they can read them again and tick the box “I accept the general conditions of sale” again.
These GTC prevail over any other stipulation emanating from the Customer, whether written or not – except with the express agreement of the SMART GRADE Company. No general or specific condition appearing in the documents sent or delivered by the Customer may be incorporated into these T&Cs, if these documents are incompatible with the latter.
The Customer declares to have the full legal capacity allowing him to engage under these GC. The SMART GRADE Company may be required to update these GCs. In case of modification, the Company will send an information email to the customer with which the new general conditions of sale will be attached. The customer will agree to accept these new conditions for any new order.
Any modification to these T&Cs is applicable as soon as it is posted on the Site but cannot apply to contracts concluded previously.
ARTICLE 2 – CREATION OF AN ACCOUNT
To access certain services, the Customer must register and create an account. To this end, the Customer must complete all the mandatory fields appearing in the registration forms.
When registering online to create an account, the Customer agrees to provide true, accurate, up-to-date and complete information. The Customer therefore undertakes not to create a false identity likely to mislead third parties and to update without delay the data he provided when registering online.
In the event that the Customer provides information that is false, inaccurate, outdated, incomplete or in violation of the provisions of this article, SMARTGRADE shall be entitled to suspend or terminate the Customer’s account without delay and to refuse him immediately and for the future access to all or part of the Services.
ARTICLE 3 - PRICE AND SHIPPING COSTS
3.1 Prices:
Product prices are displayed on the Site in the “ProGrade Catalogs” section. These prices may be modified at any time, without notice by the SMART GRADE Company. The prices charged are those displayed on the order form that we send. The prices are expressed in Euros and are exclusive of tax (hereinafter “HT”) and exclusive of delivery costs. When the displayed price includes delivery costs, this information is mentioned in the catalogue.
Any compulsory deduction relating to the products will be invoiced in accordance with the regulations in force and included in the price presented at the time of placing the order.
In the event of an order intended to be delivered outside France, the Customer must inform himself of any customs duties or any other duties or taxes which are payable in the country of delivery of the products. The Customer is responsible for the full payment of these duties and taxes related to the customs clearance of his order. For sales to companies in the European Union, outside France, invoicing options excluding VAT are offered.
3.2 Shipping costs:
Shipping costs include packaging and postage costs. The shipping costs are indicated during the ordering process and prior to the confirmation of the order. The amount of the shipping costs is calculated according to the nature of the products ordered, the amount of the order and the delivery method selected. For any delivery abroad, the export department of the SMART GRADE Company will directly specify the specific shipping costs and the terms of payment.
ARTICLE 4 - DELIVERY AND RECEIPT OF PRODUCTS
4.1 Delivery
The delivery of the items ordered by the Customer will take place at the address of his choice determined at the time of the opening of the account. The delivery address can be changed at the request of the Customer or more generally of the person who placed, validated and paid for the order, up to 48 hours before delivery.
In the event that the Customer is absent during the delivery of the order, it is his responsibility to collect his delivery from the address mentioned by the carrier and according to the methods specified by the latter on the transit advice note left at the delivery address.
If the delivery is not collected within the time indicated on this notice or in the event of refusal of delivery by the Customer, the package is returned to the SMART GRADE Company. The products will then be reimbursed via bank transfer (except for the costs of initial delivery). An administration fee of €30.00 excluding VAT will also be deducted from the amount of the refund as well as the return costs invoiced by the carrier.
The second delivery is subject to the payment of the new transport costs by the customer. Delivery is made by one of the following transport companies: DHL, TNT, UPS and CHRONOPOST. The delivery time is conditioned by the choice of delivery method made by the Customer when ordering. The delivery time indicated when ordering is given for information only and is not guaranteed.
Consequently, the SMART GRADE Company cannot be held responsible in the event of a deadline being exceeded.
Exceeding the deadline cannot give rise to any cancellation of the order, to any reduction in the price paid by the Customer, and to any payment in respect of damages as soon as the Customer is delivered within 30 days following the confirmation of his order. Also, order deadlines are not guaranteed by the SMART GRADE Company if orders are placed the day before public holidays or weekends.
The SMART GRADE Company allows itself an additional period of 24 working hours for the shipment of exported orders requiring more extensive administrative and customs formalities.
Delivery times may also vary in the event of an external event (force majeure, storm, blockage of transport routes, etc.). This list is not exhaustive.
In the event of a stock shortage affecting an order, the SMART GRADE Company will inform the Customer at the time of shipment. If this rupture concerns his entire order, the order will be canceled and the Customer will be fully reimbursed within a maximum of 30 days following payment. Otherwise, the product out of stock will be refunded to the Customer in the form of a bank transfer. A credit note will also be established and sent to the Customer by email.
4.2 Reception
Any complaint for non-conformity or product missing on delivery must imperatively be sent to the SMART GRADE Company, with a copy of the reservations made to the carrier, within 48 hours of the signing of the delivery.
The reservations at the time of delivery must be precise and complete as to the nature of the visible damage to the packaging and the condition of the goods (reservations on damage and number of missing parts / damage to the goods). It is imperative to check all products upon receipt. The contents of each package must be inspected in the presence of the deliverer and before any acceptance of the package.
The anomaly noted must be clearly written and marked mainly on the goods and not exclusively on the packaging. Reservations must be written on the delivery receipt in front of the driver, who is entitled to issue counter reservations. It is recommended not to accept visibly very damaged packages or to refuse delivery as a whole.
Late complaints can in no case be taken into account and the responsibility of the Customer is then only and fully engaged.
ARTICLE 5 - PAYMENT AND METHOD OF PAYMENT
5.1 Payment
All products are in principle payable at the time of the order.
The final validation of the order, the reservation for the Customer of the products ordered and the delivery of these are therefore subject to receipt of your payment. Any costs relating to the transfer, whatever their nature or origin, are entirely the responsibility of the Customer.
However, financial outstandings may be granted by the SMART GRADE Company.
As part of a financial outstanding granted by SMART GRADE, the latter reserves the right to suspend any delivery of an order, regardless of its level of execution, in the event of non-payment on the due date of any sum due or in the event of reduction or cancellation of the financial outstanding granted.
Penalties of an amount equal to the base bank rate plus 3 points are automatically applicable to unpaid amounts.
For any late payment, a lump sum indemnity of €40 will be applicable corresponding to the costs of recovering invoices that remain unpaid after the due date. In addition and in accordance with law 2008-776 of August 4, 2008, late payment interest equal to 3 times the legal rate will be applied, as well as a lump sum compensation for recovery costs of 40 euros (Decree 2012-1115 of 02/ 10/2012)
5.2 Methods of payment
The SMART GRADE Company accepts payments via Paypal or bank transfer.
No payment can take place at the deposit of the SMART GRADE Company, nor any recovery of equipment or order (including an order previously paid for online)
For security reasons, no payment will be taken over the phone.
ARTICLE 6 - RETENTION OF OWNERSHIP
The SMART GRADE Company retains full and entire ownership of the products sold until effective and full payment of the main and accessory price, the Customer must keep the goods in perfect condition until their payment. The Customer is therefore prohibited, in the event of incomplete payment, from disposing of the products for resale or processing.
The Customer undertakes to immediately notify the SMART GRADE Company of any difficulties likely to cause its failure and of any seizures made by third parties on the products.
The above stipulations do not prevent, upon delivery of the goods, the transfer to the Customer of the risks of loss and deterioration of the goods sold as well as the damage that it could cause.
In the absence of even partial payment, the SMART GRADE Company shall be entitled to demand the immediate return of the equipment delivered. All costs generated by this return will be borne by the Customer. It is expressly agreed between the parties that in this case any deposit paid will be retained by SMART GRADE as damages.
ARTICLE 7 – WITHDRAWAL
The 14-day right of withdrawal provided for by the Hamon law of March 17, 2014 does not apply to orders.
Indeed, this right of withdrawal between professionals is only applicable when the following three conditions are met:
1. The contract must be concluded off premises: In this case, the contract is not concluded off premises but at a distance.
2. The subject of the contract must not fall within the main field of activity of the company:
The Company’s customers are generally repairers, insurers and distributors whose main activity is the repair or distribution of these products. Therefore, the subject of the contract falls within the main field of activity.
3. The number of employees in the company must be less than or equal to five.
Consequently, this right of withdrawal does not apply to contracts concluded with the Company.
No return or resumption of goods can be made without the prior agreement of customer service, which assigns a return authorization number, by simple telephone call from Monday to Friday from 10 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. hours.
The SMART GRADE Company does not take back non-catalog products and specific configurations made at the Customer’s request.
Other products must imperatively be returned complete, unused, in perfect condition, in their original packaging and postage paid.
The shipping costs are borne by the Company in the event of a delivery error.
We reserve the right to refuse any return that does not comply with the conditions mentioned above.
ARTICLE 8 - GUARANTEES
In addition to the legal guarantee against hidden defects resulting from articles 1641 and following of the Civil Code, the products sold benefit from a manufacturer’s guarantee, exclusive of any other guarantee, in particular that of result as to the satisfaction of the specific needs of the Customer.
Regarding the legal guarantee of conformity, the Customer has a period of 2 years from the delivery of the goods to act, only when it comes to new products.
If during the warranty period the product proves to be defective (at the date of purchase) due to a defect in materials or workmanship, SMART GRADE will repair or replace (at its option) free of charge. ) of the product or its defective parts.
The SMART GRADE Company reserves the right to replace defective parts or products with new or workshop-revised parts or products. All replaced parts and products will become the property of SMART GRADE.
This warranty only applies if the defective product is presented during the warranty period, accompanied by the invoice. SMART GRADE reserves the right to refuse the free application of the guarantee if the invoice is not presented, incomplete or illegible.
In addition, the Customer does not have to provide proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
However, the SMART GRADE Company may not proceed according to the Customer’s choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect.
This warranty does not cover transportation costs. The SMART GRADE Company is in no way responsible for the return of defective goods. Any damage or loss of parcels occurring on a return of goods will be the responsibility of the Customer. It is therefore appropriate for the latter to ensure the conditions for returning the goods (choice of carrier, tracking of the package and possible insurance).
This warranty does not cover any of the following:
– Periodic maintenance and repairs or replacement of parts due to normal wear and tear;
– Damage or defects resulting from use, operation or handling of the product that does not comply with normal personal or private use;
– Damage or modifications caused by improper use, installation or use of the product not in accordance with its intended purpose, virus infections or use of the product with incorrectly installed or inappropriate software, use of the product with improper accessories, peripherals and other products, repairs made or attempted by persons other than SMART GRADE service personnel or by persons other than SMART GRADE’s authorization, negligence, accidents, fires, liquids, chemicals, other substances, flooding, vibration, excessive heat, power surges, excessive or inadequate power supply, radiation, electrostatic discharge including lightning, other external forces and effects.
This warranty only covers the hardware components of the product. It does not cover software for which an end user license agreement or separate warranty statements or disclaimers are provided or apply.
In addition, the SMART GRADE Company can implement the guarantee against hidden defects of the thing sold and in this case, the Customer can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The Customer has 2 years from the discovery of the hidden defect to report the good to the SMART GRADE Company or notify it by post, preferably by registered letter with acknowledgment of receipt, and 5 years at most from the purchase of the good.
This last limitation period of common law is that beyond which it is no longer possible to act.
SMART GRADE’s commercial warranty is indicated for each product in the catalogs on the website, as well as on the order form.
ARTICLE 9 - DIGITAL PRIVACY
The personal data transmitted by any Customer is processed by the SMART GRADE Company for the purposes of managing and executing orders, and may be communicated to the contractual partners of the SMART GRADE Company involved in the execution of this order.
In accordance with the Data Protection Act of January 6, 1978, you have the right to access, rectify and oppose personal data concerning you. Just let us know by email or by post: SMARTGRADE, 1 rue de la Buffa, Nice 06000.
The Customer who has voluntarily given his contact details may, if he wishes, be contacted about information, operations on the Site and commercial proposals from the SMART GRADE Company or those of its commercial partners, subject to be expressly authorized in advance.
The commercial offers of the site will be sent to the Customer by email if no opposition has been issued. The Customer may at any time oppose commercial offers free of charge.
ARTICLE 10 - NEWSLETTERS & COOKIES
Depending on the choices he makes when creating or consulting his account, any Customer is likely to receive offers from SMART GRADE. Any Customer who does not wish to do so may, at any time, request it by logging into your account. The purpose of the cookie is to signal your visit to our site. Cookies are therefore only used by SMART GRADE for the purpose of improving the personalized service intended for you.
ARTICLE 11 – CASE OF FORCE MAJEURE
The responsibility of the SMART GRADE Company cannot be implemented if the non-execution or the delay in the execution of one of its obligations results from a case of force majeure preventing the normal execution of the contract.
Article 1218 paragraph 1 of the Civil Code provides that there is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided. by appropriate measures, prevents the execution of his obligation by the debtor.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods , lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.
The SMART GRADE Company, noting the event, must within 10 days inform the other party of the impossibility of performing the service.
As soon as the reason for suspending the obligations disappears, the SMART GRADE Company will inform the Customer of the resumption of its obligation. If the suspension of obligations is less than one month, the Customer will not be able to request reimbursement of his order, the latter will normally be sent to him.
If this cause continues beyond one month or is final, the sales contract between the parties will be terminated automatically and the parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 12 – PROTECTION
The characteristics of the products offered for sale are presented on the Site. The photographs only enter into the contractual field with regard to the essential characteristics of the products. All the texts and images presented on the Site are reserved and protected, for the whole world, under copyright and intellectual property rights. The content of this Site cannot therefore in any way be the object, even partially, of reproduction, representation, loan, exchange or transfer, of total or partial extraction of data and/or of a transfer to another medium, modification, adaptation, arrangement or transformation, other than under the conditions below. Only a right of use, to the exclusion of any transfer of ownership rights of any kind whatsoever is granted. The only authorized reproduction and representation of the content is therefore authorized by the Intellectual Property Code, for strictly personal benefit and for professional use, for the sole purpose of enriching a Customer file. In addition, the Customer is prohibited from reconstituting the database or databases, from rebroadcasting its content, in any capacity whatsoever and more generally from infringing, directly, indirectly or through third parties, in any way whatsoever, to the rights of the SMART GRADE Company.
ARTICLE 13 – POSSIBLE DISPUTES
Indirect and/or immaterial or moral damages, namely in particular financial or commercial damages such as loss of profit, order, exploitation and data, will not give right to compensation from the SMART GRADE Company, loss of earnings, damage to image, interruption of service, as well as damages of the same nature resulting from a claim action directed against the SMART GRADE Company due to damage suffered by a third party.
ARTICLE 14 - REGISTRATION / ACCOUNT SUSPENSION
The SMART GRADE Company reserves the right to refuse the registration of any Customer who is not a professional or does not provide the documents to justify his professional activity.
Customers undertake to keep the SMART GRADE Company informed within 30 days of any change relating to their activity (change of NAF code, suspension of activity, etc.).
The SMART GRADE Company reserves the right to delete the account of any Customer who engages in threats, insults or makes vulgar and degrading remarks towards it or one of its employees. This action requires no notice.
The SMART GRADE Company reserves the right to suspend an account with a payment arrears of more than 30 days and this as long as the situation has not been regularized. The same is true for inactive accounts.
ARTICLE 15- ATTRIBUTION OF JURISDICTION
For all disputes relating to the formation, execution and termination of the contract between the SMART GRADE Company and the Customer that cannot give rise to an amicable settlement, only the Commercial Court of Nice will be competent within the jurisdiction of which the head office of the SMART GRADE Company is located, regardless of the conditions of sale, the place of the order or delivery, and the method of payment accepted (even in the event of a warranty claim or multiple defendants).