GENERAL CONDITIONS OF SALE
SCOPE OF APPLICATION, PREAMBLE
The indextronics.com site is an “e-commerce” merchant site (hereinafter the “Site” or “Website”) accessible via the Internet published by the Company Internet Commerce Systems (ICS), SARL, registered with the RCS of METZ under number 817 805 609 whose head office is located 17, rue Pierre Simon de Laplace, 57070 METZ.
These general conditions of sale (hereinafter the “CGV”) define the terms and conditions under which indextronics.com delivers to the homes of consumer customers or professional customers (Large Accounts, SMEs, VSEs or liberal professions) who have subscribed to the service offered on its Website (www.indextronics.com), one or more batches of Products (see list of Products in article 1.2). It is specified that Products purchased on this Site are not intended to be resold by Customers.
Any order for a Product offered on the Site implies the Customer's acceptance of these general conditions of sale. Once he has accepted the General Terms and Conditions, the customer becomes a customer of the services offered by indextronics.com (“Customer”).
ARTICLE 1 - SUBSCRIPTION CONDITIONS
ARTICLE 1.1 - SUBSCRIPTION TO THE SERVICE, ONLINE ORDER
To benefit from the services offered on the indextronics.com site, the Customer registers on the internet via the Site www.indextronics.com exclusively, by accurately completing the subscription form displayed on the screen.
The Customer will notably mention the information necessary for his identification, including a valid email address and a password of his choice (which will be personal and confidential) which will subsequently be used to identify himself on the Site, as well as the order method chosen, and the delivery address.
Any Customer who already has a customer account must identify themselves by entering their email address and password in the “My account” section. The Customer accepts that entering these two identifiers constitutes proof of his identity.
The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.
However, the Customer has the right to access and rectify this information, in accordance with article 10 of these General Terms and Conditions.
ARTICLE 1.2 - CHOICE OF ARTICLES
When subscribing to the service, the Customer defines the references and the quantity of Products that he wishes to receive for each delivery.
For logistical reasons and in order to be offered a service at a lower cost, the Customer must order a minimum of 20€ excluding taxes of goods per delivery.
ITEM 1.3 - DELIVERY ADDRESS
The Customer is delivered to his place of work or to his home or to the home of a person he has expressly designated and of whom he must have communicated, when subscribing to the service, all the contact details (complete precise address, telephone, door code, building, floor, etc.).
The Customer undertakes to communicate all the information and contact details necessary to allow the indextronics.com delivery person to reach their door. indextronics.com cannot be held responsible in the event of delay or lack of delivery if this delay or lack of delivery is due to the provision by the Customer of inaccurate or incomplete information.
ARTICLE 1.4 - FREQUENCY OF DELIVERIES
The Customer also defines at the time of each order the delivery frequency that suits him, namely a one-off order by default, or an automatic recurring order (automatic order whose delivery is ensured according to a configurable frequency, between daily and quarterly). In the latter case, the Customer's order will be automatically and tacitly renewed according to the delivery frequency chosen, until termination or suspension.
The Customer is invited to allow receipt of the goods at the planned delivery address within the time slot of 8h to 14h Monday to Friday. The Customer or the person authorized to receive the delivery undertakes to be present at the place of delivery.
ARTICLE 1.5 - CONFIRMATION OF SUBSCRIPTION TO THE SERVICE
Upon subscribing to the Site, indextronics.com creates for the Customer a customer account (“My Account”) which summarizes the delivery details, the quantities and frequency of delivery, the amount due for each delivery, the terms and the delivery schedule.
The delivery terms can be modified free of charge at any time in the “My account” section or by email to Customer Service (contact@indextronics.com), it being specified that on the Customer's account, a change of contact details can be taken into account immediately for any order which has not yet been transmitted to the carrier. A change in content, date, and/or frequency of delivery may only be taken into account for orders for which payment has not yet been taken.
ARTICLE 1.6 - SUBSCRIPTION DURATION
Subscription to the indextronics.com automatic delivery service takes effect on the date of the first delivery provided by indextronics.com to the Customer.
The service offered by indextronics.com is not subject to a minimum commitment period or any minimum usage of the service. It is tacitly renewed after each recurring delivery, except in the case of a one-off order or in the event of a request for termination, suspension or cancellation of the delivery service carried out by the Customer in the “My account” section or by email sent to Customer Service (contact@indextronics.com).
The indextronics.com service also ends in the cases of termination mentioned in articles 1.7 and 1.8.
ARTICLE 1.7 - CONDITIONS OF UNILATERAL TERMINATION
In the event of non-payment of the amounts invoiced and due, indextronics.com may, without prejudice to any damages, automatically delete the Customer's account by simple notification by email.
In addition, indextronics.com reserves the right to terminate the delivery service without compensation in the event of Suspension of delivery by the Customer for more than three (3) months, with retention of the Customer's personal data, Closure of an Area or cessation of service in the Customer's delivery city, notified to the Customer by email with notice of 15 days, Relocation of the Customer outside the Delivery Areas served by indextronics.com, Abusive and repeated complaints from the Customer, Inaccessible, dangerous or unsanitary delivery locations.
ARTICLE 1.8 - CONDITIONS OF TERMINATION BY THE CUSTOMER
Le Client peut résilier le service à tout moment moyennant le respect d'un préavis de 3 jours ouvrés. La résiliation se fait par l'envoi d'un courrier électronique au Service Clients (contact@indextronics.com) qui accusera réception et formalisera la prise en compte de la résiliation effective.
ARTICLE 2 - PRICES AND MEANS OF PAYMENT
ARTICLE 2.1 - APPLICABLE RATES
The prices of the Products are set according to the prices in force and can be consulted on the indextronics.com website (www.indextronics.com). On the pages of the Site, the prices of the Products are indicated in euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order; any change in the rate may be immediately reflected in the prices of the Products.
The indextronics.com delivery service is a paid service, the price of which is indicated at any time on the order summary basket, several different carriers may be offered at several different prices corresponding to several levels of services provided. The minimum order basket is 20 € excluding product taxes.
Prices may be modified at any time; the applicable prices are those in effect on the day the order is delivered.
For Customers who have chosen to be delivered automatically on a recurring basis, any price change will be notified by indextronics.com to the Customer by email. The Customer may notify his disagreement by email to Customer Service (contact@indextronics.com), this notification of disagreement results in the termination of the service within 48 hours. If indextronics.com does not receive notification 48 hours before shipping, the price modification will be deemed accepted by the Customer.
ARTICLE 2.2 - PAYMENT TERMS
Payment must be made online by credit card (Carte Bleue, Visa, Mastercard or PayPal) at the time of ordering. For one-off orders or if this is the first recurring order, the bank account corresponding to the Customer's payment card will be debited immediately after validation of the order. For recurring orders excluding the first order, the bank account corresponding to the Customer's payment card will be debited two days before the shipment of each order.
The Customer undertakes to inform indextronics.com of any change in their bank details at least three days before the shipping date.
In addition, it is specified that professional Customers (Large Accounts, SMEs, VSEs and Liberal Professions) can opt for payment by automatic debit from their bank account. The terms and conditions for subscribing to payment by direct debit are described in article 3.2 below.
ARTICLE 3 - ORDERS
ARTICLE 3.1 - ORDER TERMS
To order, the Customer must enter the elements of his order, identify himself or create an account (see article 1) and check that the delivery address, the delivery frequency, the quantities ordered, the price of the products and the total of the order are correct.
After having read the order, and once all the requested information has been completed by the Customer, the latter can only access the next step by certifying that they have read and accepted the General Terms and Conditions by checking the box “I have read and accepted the General Conditions of Sale”.
An order summary then appears on the screen, this page displays the Customer's billing address, the delivery address of the Products, a summary table of the order (nature, quantity and price of the Products), the total amount of the order. The Customer can still modify the information entered on this page.
The order will be definitively validated once the General Terms and Conditions have been read and accepted by the Customer.
In the event of unavailability of certain Products revealed after placing the order, the Customer will be informed as quickly as possible by telephone or email and will be offered a replacement solution. In the event that the proposed solution is not suitable, the Customer's order will be canceled and the Customer reimbursed in full no later than 30 days following the date of payment by the Customer.
Validation of the summary order form constitutes an electronic signature. This signature has the same value between the Parties as a handwritten signature and constitutes proof of the entirety of the order and the payability of the sums due in execution of said order. As soon as he has validated his order, the Customer becomes a buyer.
indextronics.com reserves the right not to validate the order in the event of existing dispute(s) with the Customer, total or partial non-payment of a previous order from the Customer, or refusal of authorization for payment by credit card from banking organizations.
ARTICLE 3.2 - PAYMENT
The price owed by the Customer is the amount indicated on the summary order form which the Customer read before validating his order. The price is then recalled after payment in the summary document sent by email to the Customer's email address.
ARTICLE 3.2.1 - PAYMENT BY BANK CARD
Notwithstanding the application of article R642-3 of the penal code, the Customer will pay for his order by bank card (Carte Bleue, Visa, Mastercard) in accordance with the provisions of this article.
To pay for their order online by bank card, the Customer must transmit on a secure site the number of their bank card and, depending on the nature of the latter, the expiry date as well as the cryptogram number (3-digit number appearing on the back of their bank card).
The card is debited, at the earliest, upon final validation of the order. All transactions carried out on the Site are secure. The banking information relating to the Customer is encrypted by the SSL (Secure Socket Layer) system and then processed by the financial partner of indextronics.com. The Customer's data does not pass through the Site and only the partner bank of the Indextronics.com Site has access to this information.
ARTICLE 3.2.2 - PAYMENT BY DEPOSIT
Customers may alternatively opt for payment by direct debit from their bank account, in accordance with the following.
Customers will be offered the choice of opting for automatic debit at the end of their order on the indextronics.com website.
To do this, they will be asked to download, complete and sign the subscription form proposed for this purpose, then return it, accompanied by a Bank Identity Statement, by post to the following address:
Internet Commerce Systems – Service indextronics.com
17 rue Pierre Simon de Laplace, 57070 METZ
The duly completed and signed form and the Customer's RIB will be sent by indextronics.com to the Customer's bank, for validation by the latter of the automatic debit authorization.
Payment by direct debit will be effectively implemented upon receipt by indextronics.com of the direct debit authorization confirmation issued by the Customer's bank.
indextronics.com will confirm the activation of the automatic debit authorization by email sent to the Customer, who will then be able to choose this payment method for all future orders on the indextronics.com Site.
It is however specified that the order in progress at the time of the Customer's request to subscribe to payment by direct debit cannot be paid by this means.
Consequently, the Customer will then be free to continue this order or not in the event that the Customer decides to continue his current order, this must be paid by Credit Card, in the event that the Customer decides not to continue his current order, he will be able to place a new order, payable by direct debit, upon receipt of the confirmation email from indextronics.com.
The Customer who opts for the payment method by direct debit undertakes to immediately inform indextronics.com of any modification of the bank details communicated at the time of subscription, by sending an email to the indextronics.com Customer service (contact@indextronics.com).
indextronics.com may suspend deliveries at any time in the event of refusal of direct debit by the Customer's bank.
ARTICLE 3.3 - ACKNOWLEDGMENT OF RECEIPT OF THE ORDER
At the end of payment, a summary document of the order is sent to the Customer by e-mail to the e-mail address indicated by him and at the latest before delivery.
This document constitutes acknowledgment of receipt. It includes all the essential elements constituting the contract between the Customer and indextronics.com.
The order is recorded in the indextronics.com files, which are themselves kept on a reliable and durable medium. The Client accepts that it will be considered as proof of the contractual relations between the Parties.
ARTICLE 3.4 - MODIFICATION OF THE ORDER AND SUSPENSION OF THE SERVICE
ARTICLE 3.4.1 - MODIFICATION OF QUANTITIES, RECURRING ORDER
The Customer, if he has chosen to be delivered in an automatic recurring manner, can modify free of charge, subject to the application of article 1.2 of the General Terms and Conditions, the quantity of Products he wishes to order by making the modification himself in the "My account" section, or by sending an e-mail to Customer Service (contact@indextronics.com) and in any case at least 2 working days before the date of his delivery. next expedition.
In the event of a change in the quantities ordered, the Customer will receive confirmation by email.
The Customer can also at any time, and at least 2 working days before the scheduled time for delivery, modify the delivery address by making the modification themselves in the “My account” section, or failing that, sending an e-mail to Customer Service (contact@indextronics.com).
ARTICLE 3.4.2 - MODIFICATION OF QUANTITIES, POINT ORDER
The Customer, if he has chosen to order punctually, will no longer be able to modify the quantity of Products he wishes to order. He may at least 2 working days before the scheduled time of shipment, modify the delivery address by sending an email to Customer Service (contact@indextronics.com).
Once the order has been transmitted to the carrier, no modification or cancellation can be taken into account and the price paid will not be returned.
ARTICLE 3.4.3 - SUSPENSION OF DELIVERY
The Customer when placing an automatic recurring order has the possibility of suspending future deliveries free of charge. The suspension request must be made directly by the Customer in the “My account” section or sent by email to Customer Service (contact@indextronics.com). It is specified that any request for suspension will only be taken into account after a period of 2 working days.
When the Customer decides, following a suspension request, to reactivate the delivery service, the service resumes its course according to the conditions and terms (quantity, frequency, etc.) applicable at the time of the suspension request.
ARTICLE 4 - DELIVERIES
ITEM 4.1 - DELIVERY PLACE
The Customer will be delivered to his office, to his home or to the home of a person of his choice whom he has expressly designated and to whom he must have communicated, when subscribing to the service, all the information and contact details necessary to allow the indextronics.com delivery person to access his door.
indextronics.com cannot be held responsible in the event of delay or lack of delivery if this delay or lack of delivery is due to the provision by the Customer of inaccurate or incomplete information.
ITEM 4.2 - DELIVERY DATE
The Customer will have confirmation by email (and/or by SMS if he has also provided his mobile phone number) no later than the day before the scheduled delivery within the following 2 working days. The delivery address can be modified by the Customer, subject to a notice period of 2 working days in the “My Account” section on the indextronics.com website or by notifying Customer Service by email (contact@indextronics.com).
In the event of delayed delivery for a reason beyond the control of indextronics.com, a new delivery date will be agreed with the Customer by telephone or e-mail.
In the event of failure of delivery due to the Customer's absence (unless the Customer has agreed to be delivered in his absence in accordance with article 1.4) and it is impossible to establish contact with him by telephone or e-mail within 7 working days, indextronics.com will cancel the Customer's order and refund the entire amount of the order less the delivery cost.
ITEM 4.3 - DELIVERY CONFIRMATION
Once delivery has been made, the Customer will receive a delivery confirmation email with their invoice, recalling the details of the order as well as the Customer's rights (issuance of reservations, right of withdrawal, etc.).
ARTICLE 4.4 - RECEIPT OF PRODUCTS, RESERVES AND COMPLAINTS
The Customer will check the conformity of the Products delivered in order to note the presence or absence of anomaly concerning the delivery such as missing or damaged boxes/packs, missing or damaged items. Any reservations must be promptly notified in writing to Customer Service, at the latest within 7 days following receipt of the Products by email (contact@indextronics.com) or by registered letter with acknowledgment of receipt, to the following address indextronics.com, Internet Commerce Systems, CONSUMER SERVICE, 17 rue Pierre Simon de Laplace, 57070 METZ.
Complaints relating to the order or delivery can be made directly to Customer Service at the number 0820 610 100. However, any complaint made by telephone must be confirmed in writing as indicated above.
Any complaint made beyond the notification period of 7 days following delivery of the products will be considered inadmissible, indextronics.com can no longer be held liable.
indextronics.com reserves the right to ask the Customer to keep at its disposal for 15 days from the date of its complaint the product(s) deemed non-compliant or damaged.
In the event of abusive complaints, indextronics.com may refuse to honor a subsequent order placed by the Customer concerned.
ARTICLE 4.5 - WITHDRAWAL PERIOD
In accordance with article L.121-20 of the Consumer Code, the Customer has a period of seven (14) working days from delivery to return, at his own expense and without reason, the Product(s) he ordered.
The Products must be returned to the indextronics.com delivery person in their original packaging and be accompanied by a return slip. indextronics.com recommends that the Customer who wishes to exercise his right of withdrawal informs Customer Service by email (contact@indextronics.com).
If the above-mentioned conditions are met, indextronics.com will reimburse the Customer for the total amount of their order, within thirty 30 days from receipt by indextronics.com of the Products, with the exception of transport costs to and from the Products which always remain the responsibility of the Customer, by credit card recredit, for customers whose payment was made by bank card or by Check where applicable.
ARTICLE 5 - MODIFICATIONS AND COMPLAINTS
ARTICLE 5.1 - MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE
indextronics.com reserves the right to unilaterally modify the General Terms and Conditions at any time and without notice by publishing a new version on the Site.
In the event of a modification of these General Terms and Conditions, indextronics.com will notify the Customer of said modification by email. The Customer will then have a period of thirty (30) days to notify Customer Service (contact@indextronics.com) by email of their disagreement with the modification. Notification by the Customer of his disagreement with the modification of the T&Cs results in termination of the service within 2 working days. If indextronics.com does not receive notification of disagreement within 30 days, the modification of the General Terms and Conditions will be deemed accepted by the Customer.
By checking the box on the Site button “I have read and accepted the general conditions of sale” at the end of the order process, the Customer acknowledges having read and accepted without reservation all of the General Terms and Conditions.
The applicable General Terms and Conditions are those in force on the day of delivery of the order.
ARTICLE 5.2 - MODIFICATION OF THE CUSTOMER’S SITUATION
The Customer undertakes to inform indextronics.com Customer Service (contact@indextronics.com) by email of any change concerning his situation, in particular in the event of a change of address and/or bank details. For Customers who have recurring automatic orders, these modifications can be made directly by the Customer on their Customer account on the Site www.indextronics.com. These modifications will be taken into account directly by indextronics.com within 2 working days in their Customer Account.
ARTICLE 5.3 - COMPLAINTS
Complaints relating to subscriptions and their execution methods must be sent by email to Customer Service (contact@indextronics.com).
ARTICLE 6 - LIABILITY
indextronics.com disclaims all liability in the event that the non-performance or delay in the execution of one or more obligations contained in the General Conditions results from a case of force majeure (in particular in the event of natural disasters, fires, internal or external strike, internal or external failure or breakdowns) or from an unforeseeable event of a third party.
indextronics.com takes care to represent and describe the characteristics of the Products on the Site as accurately as possible. However, it cannot be held liable in the event of a non-substantial difference between the reproduction of the Products on the Site and the Products delivered.
Likewise, indextronics.com cannot be held liable for any inconveniences or damages inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
ARTICLE 7 - COMPENSATION
The Customer undertakes to assist and indemnify (in particular legal costs and attorneys' fees incurred) SARL Internet Commerce Systems, indextronics.com, its representatives, its employees or its partners against any complaints or claims emanating from third parties, resulting from any non-performance or non-compliance, in any way whatsoever, on its part or that of any person using its account, of the obligations and guarantees stipulated in the Conditions.
ARTICLE 8 - LEGAL GUARANTEES
The Customer benefits from the legal guarantee of conformity and the guarantee against hidden defects in accordance with articles 1648 et seq. of the Civil Code as well as articles L.211-4 et seq. of the Consumer Code.
ARTICLE 9 - INTELLECTUAL PROPERTY
All elements of the Site www.indextronics.com, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the company Internet Commerce Systems.
As such, and in accordance with the provisions of the intellectual property code, only use for private use subject to different provisions of the intellectual property code is authorized. Any total or partial reproduction of the site is strictly prohibited.
Affixing any simple link or hypertext link to the Site www.indextronics.com, using the technique known as “framing” or “deep linking” is strictly prohibited.
ARTICLE 10 - RIGHT OF ACCESS TO THE COMPUTERIZED FILE
This Site is declared to the CNIL and bears the number 1739283. In application of the “Informatique et Libertés” Law of January 6 1978 as amended, all Customers have the right to access, oppose and rectify the personal information they communicate as part of subscribing to the service.
This right of access, rectification and opposition relates in particular to the names, addresses (home and electronic), and bank details of the Customer. The Customer can exercise this right of access, rectification and opposition either by sending an email to contact@indextronics.com customer service or directly on the Site www.indextronics.com, in the “contact” section.
By subscribing to the service, the Customer accepts that indextronics.com uses the personal information that he has provided in order to ensure the proper functioning, implementation and monitoring of the service. He also accepts that – in this context – this information is communicated by indextronics.com to service providers who can contribute to the provision of the service. In addition, as a Customer of indextronics.com, the Customer accepts emails sent by indextronics.com, relating to the proper functioning and the very nature of the service.
ARTICLE 11 - LAW OF APPLICATION AND COMPETENT JURISDICTION
The Conditions are subject to French law and the French courts within the jurisdiction of the Tribunal de Grande Instance of Metz, and the Court of Appeal of Metz.
ARTICLE 12 - MISCELLANEOUS NOTICES
These online T&Cs take precedence over the printed general conditions of sale.