GENERAL TERMS AND CONDITIONS OF SALE

Effective from 1 January 2024

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded between SOUDURE.PRO owner of the EURO-WELDING brand, a simplified joint-stock company (SASU) with a share capital of €996,000, whose registered office is located at Rue Denis Papin, Z.I. du Ty Mor, 56700 Hennebont, France, registered with the Lorient Trade and Companies Register under number 952 434 322 (hereinafter referred to as "EURO-WELDING"), and any natural or legal person (hereinafter referred to as "the Buyer") wishing to make a purchase via the website www.euro-welding.com published by SOUDURE.PRO

They apply both to individuals acting in a private capacity ("Consumers" within the meaning of the French Consumer Code) and to individuals or legal entities acting in a professional capacity ("Professionals"), it being understood that the protective provisions of the French Consumer Code do not apply to orders placed by Professionals.

The purchase of any product or service through this website constitutes the Buyer's unconditional acceptance of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale shall prevail over all other general or specific conditions not expressly approved by Soudure.Pro, including in particular any general purchasing conditions of professionals.

Soudure.Pro reserves the right to modify its General Terms and Conditions of Sale at any time. In such event, the applicable conditions will be those in force on the date the order is placed.

By ticking the box provided for this purpose before confirming their online order, the Buyer acknowledges that they have read and accepted these General Terms and Conditions of Sale without reservation.

Article 2 - Characteristics of the Goods and Services Offered

The welding machines, accessories and services offered are those listed in the catalogue published on the website www.euro-welding.com owned by Soudure.Pro.

The products offered comply with European legislation.

These products and services are offered subject to available stock.

Each product is accompanied by a description to assist in choosing the model.

The choice and purchase of a product are the sole responsibility of the buyer.

The catalogue photographs are as accurate as possible but cannot guarantee a perfect likeness with the product offered for sale, particularly with regard to colours.

Article 3 - Pricing

The prices listed in the catalogue are VAT-inclusive prices in euros, taking into account the VAT rate applicable on the date of the order; any change in the rate may be passed on to the price of the products or services.

Soudure.Pro reserves the right to modify its prices at any time, it being understood however that the price shown in the catalogue on the date of the order will be the only price applicable to the buyer.

The prices indicated include order processing, transport and delivery costs, provided that delivery takes place within the geographical areas set out below.

Delivery to the French overseas territories (DOM-TOM) is made "DAP" in accordance with Incoterms 2020; this means that the buyer must pay upon delivery the various applicable taxes, such as VAT and/or dock dues (octroi de mer), for example.

It is the buyer's responsibility to enquire about the customs procedures, taxes and charges applicable to shipments made outside mainland France and, if they place an order, to bear the cost thereof upon delivery.

For orders based on a quote, for example for deliveries to the European Union or the French overseas territories (DOM-TOM), a deposit is required when the Customer places the order. This deposit cannot under any circumstances be classified as an earnest payment. The balance of the price is payable under the payment terms defined in the quote.

Soudure.Pro will not be required to proceed with the delivery of the ordered products if the buyer does not comply with the agreed payment terms.

Article 4 - Geographical Scope

The online sale of the products and services presented on the website available to Buyers residing mainland in European countries, provided that delivery is made within those geographical areas : Italy, Germany, Netherlands, croatia, Denmark, Finland, Greece, Ireland, Mainland Portugal, Sweden, Bulgaria, Estonia, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia, Slovenia, Hungary, Mainland Spain.

Article 5 - Orders

Due to the cost of preparation, processing and packaging operations, a fixed processing fee of €5 VAT inclusive will be charged in addition for orders of less than €20 VAT inclusive, excluding delivery costs.

The buyer who wishes to purchase a product or service must:

fill in the identification form, entering all the required contact details, or provide their customer number if they have one.
fill in the online order form, providing all references for the chosen products or services.
confirm the order after having checked and, if necessary, corrected it.
read and accept these General Terms and Conditions of Sale.
make payment under the conditions stipulated.

The sale is only final, and constitutes the formation of a distance contract, after confirmation of the order registration and successful receipt of payment by Soudure.pro, by email.

It reserves the right to cancel or refuse any order from a buyer with whom a dispute relating to a previous order exists or has existed, or in the event of a product availability issue.

All data provided and the recorded confirmation shall constitute proof of the transaction.

Article 6 - Payment Terms

Payment is due upon ordering, except for special terms previously negotiated with professionals and for public authorities using the Chorus-Pro platform.

Payment can be made:

online by bank card, via the secure payment platform of our payment partner CIC Crédit Mutuel;
in instalments, via the secure platform of the company Alma, SAS with a share capital of €316,226.83, RCS Nanterre 839 100 575, approved by the ACPR under number 90789 - Contact: support@getalma.eu.
by bank transfer to our banking institution. The instructions to follow appear on screen when selecting this payment method.

Special clause for a purchase made using the instalment payment option via our partner Alma.

Soudure.Pro is a credit intermediary in accordance with the provisions of Article R.519-2, 1° of the Monetary and Financial Code. Soudure.pro broadcasts advertisements sent by Alma relating to the granting of credit by Alma. In order to use Alma, the buyer must read the European Standardised Pre-Contractual Information Sheet (ESIS), accept Alma's privacy policy and sign the credit agreement proposed by Alma. Soudure.pro accepts in advance the credit agreement concluded between Alma and the buyer, in accordance with Article L312-46 of the Consumer Code. If Alma agrees to grant credit to the buyer, the amount will be paid by credit in accordance with Article L312-45 of the Consumer Code. Any refusal by Alma to grant credit for an order may result in the cancellation of that order, unless the buyer agrees to pay in full. Any cancellation of the order binding Soudure.pro and the buyer entails the cancellation of the credit agreement between the buyer and Alma. In the event of withdrawal, any fees and interest paid by the buyer will be refunded to them in accordance with the applicable regulations. Security: Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure. Alma is an electronic payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

Payment by cheque is not offered or accepted.

Special clause for payment terms negotiated with professionals

Special payment terms may be agreed in writing between Soudure.pro and the buyer, particularly professional buyers.

In the event of late payment of amounts owed by the professional beyond the agreed deadlines, late payment penalties calculated at an annual rate of 15% of the VAT-inclusive amount outstanding for the order as shown on the invoice will be automatically and by right due to Soudure.pro, without any formality or prior formal notice.

Furthermore, any late payment automatically entails the application of a fixed indemnity of forty (40) Euros per invoice, without prejudice to late payment penalties. Soudure.pro reserves the right to claim additional compensation from the buyer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.

Late payment will also result in all amounts owed by the buyer becoming immediately due and payable.

Article 7 - Deliveries

Deliveries shall be made to the delivery adress specified when the order is placed, provided that it is located within the applicable geographical area.

If no one is available to accept delivery of the products at the time of delivery, the carrier will leave a delivery notice indicating the arrangments for a further delivery attempt or inviting the Buyer to collect the products form the carrier’s depot.

Under no circumstances shall Soudure.pro shall not be liable for any deterioration of products resulting from their late collection from the carrier.

Soudure.pro undertakes to comply with the delivery deadlines indicated at the time of ordering. In the event of a delivery delay of more than thirty days from the date of the order, the sale contract may be cancelled and the buyer refunded, in accordance with the conditions of Articles L216-1 et seq. of the Consumer Code.

It is specified that, for deliveries to the French overseas territories (DOM-TOM) and outside France, the failure to collect products from customs and/or the non-payment of taxes and charges payable by the buyer cannot under any circumstances cancel the sale of the product(s) concerned.

The delivery lead time is calculated from the first working day once payment has been received and cleared by Soudure.pro.

The buyer is required to check the condition of the delivered products. Any reservations must be noted on the delivery note and confirmed by registered letter with acknowledgement of receipt, addressed to Soudure.pro and to the carrier within 3 days of receiving the products.

The Customer has these 3 days to send to the carrier and to Soudure.pro any reservations or claims for non-conformity or apparent defect of the delivered products (for example, damaged or already opened parcels...), with all supporting documents (photos in particular). After this period and in the absence of having complied with these formalities, the products will be deemed conforming and free from any apparent defect, and no claim will be validly accepted by Soudure.pro in respect of the transport.

Article 8 - Retention of Title - Transfer of Ownership - Transfer of Risk

The transfer of ownership of the products to the buyer will only take place upon full payment of the price by the buyer, regardless of the date of delivery of said products.

Soudure.pro reserves, until full payment of the price by the buyer, a right of ownership over the sold products, enabling it to retake possession of said products. Any deposit paid by the buyer will remain with Soudure.pro as a fixed indemnity, without prejudice to any other actions it may be entitled to bring as a result.

For consumer buyers, regardless of the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration thereof will only occur at the moment the buyer takes physical possession of the products. The products therefore travel at the risk of Soudure.pro, except in the event of the products being made available to the buyer or their carrier at our warehouses.

For professional buyers, the transfer of the risks of loss and deterioration will occur upon confirmation of the order by Soudure.pro, independently of the transfer of ownership and regardless of the date of payment and delivery of the Products.

The professional buyer acknowledges that it is the carrier's responsibility to carry out the delivery, Soudure.pro being deemed to have fulfilled its delivery obligation once it has handed the ordered products over to the carrier. The professional therefore has no recourse under warranty against Soudure.pro in the event of failure to deliver the ordered products or for damage occurring during transport, storage or unloading. The products therefore travel at the professional's own risk.

Article 9 - Right of Withdrawal

In accordance with the French Consumer Code, consumers, meaning non-professional natural persons, have a withdrawal period of fourteen days from the delivery of their order to return the product to the seller for exchange or refund without penalty, except for return costs.

The items subject to this return must be sent back as new in their original intact packaging, accompanied by all accessories including instructions for use and documentation, within no more than 14 days following the buyer's notification of withdrawal, to the following address:

Soudure.pro
Rue Denis Papin, Z.I du Ty Mor
56700 Hennebont

A product that has already been used or returned incomplete will not be refunded or exchanged.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the delivery costs are refunded; the return costs remain the buyer's responsibility.

Soudure.pro neither organises nor takes part in the return of products, which is carried out under the sole and exclusive responsibility of the buyer.

The packaging of returned products is carried out under the sole responsibility of the buyer, who will take all necessary precautions to protect the products from any damage that may occur during transport, taking into account the mode of transport used.

The packaging must in particular cover the entire product and be sufficiently sturdy to withstand its weight and shape. If the parcel contains several items, the individual items must be protected individually, cushioned and secured so that they cannot collide with one another.

Only after inspecting the condition of the returned product will Soudure.pro proceed to refund the amounts received for the returned products and the initial shipping costs.

Any product returned that does not comply with these requirements will not be accepted for return or refunded. It may be sent back to the buyer at their sole expense. In that case, the postage costs will be communicated to the buyer and must be paid in advance. Failing this, we will keep these products on our premises for collection on site for a period of 3 months after their receipt, after which Soudure.pro may dispose of them freely without the buyer being able to claim any compensation or refund.

The right of withdrawal may be exercised using the withdrawal form available in the Annex below, or by any other unambiguous statement expressing the wish to withdraw.

In the event of exercising the right of withdrawal, Soudure.pro will refund the amounts paid by the customer, free of charge, within a maximum period of 14 days following receipt of the products subject to the withdrawal.

Article 10 - Warranty

Defects and deterioration caused by normal wear and tear or by an external accident (incorrect assembly, defective maintenance, abnormal use, misuse, disassembly, reassembly, etc.) or by a modification of the product not provided for or specified by the manufacturer are excluded from the warranty.

The warranty applies only to the buyer and not to third parties to whom the product may be resold.

If the products have been used, transformed or in general are no longer in the condition in which we delivered them, no claim will be accepted. The continued use of products implies unconditional acceptance of said products.

Products replaced under warranty must be returned to us unless we indicate otherwise.

The buyer is required to give Soudure.pro every facility to ascertain any defects or faults and to remedy them.

The buyer shall refrain from intervening themselves or having a third party intervene for this purpose, unless our company expressly agrees in writing.

No return will be accepted without prior formal and express consent from our company.

Furthermore, the liability of Soudure.pro may not be incurred for any inconvenience or damage inherent in the use of the internet network, including a service interruption, an external intrusion, fraudulent data capture, data loss or the presence of a computer virus.

If the buyer is a consumer

The Products supplied by Soudure.pro benefit by operation of law and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:

the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order,
the legal guarantee against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use,

under the conditions and in accordance with the procedures referred to in the box below.

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a conformity defect appearing. During this period, the consumer is only required to establish the existence of the conformity defect and not the date on which it appeared.
When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the intended period of supply. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and receive a full refund upon returning the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, particularly where the consumer ultimately bears the costs of collecting or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to cancellation of the contract when the conformity defect is so serious as to justify an immediate price reduction or cancellation of the contract. The consumer is then not required to first request repair or replacement of the goods.
The consumer is not entitled to cancel the sale if the conformity defect is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee until the repaired goods are delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund upon returning the goods. »

In order to assert their rights, the buyer must inform Soudure.pro, in writing, of the non-conformity of the products or the discovery of hidden defects within the deadlines referred to above, and return the defective products in the condition in which they were received, along with all components (accessories, instructions, etc.).

In the event of a clear failure to comply with these requirements, any damage to the products during transport will be excluded from the warranty.

Soudure.pro will organise at its own expense the return of defective products to its registered office or to the manufacturer, as well as the dispatch of repaired or exchanged products to the buyer, in accordance with a procedure that will be communicated to the buyer.

Soudure.pro will refund, replace or have repaired the products or parts under warranty that are deemed non-conforming or defective.

Refunds for products deemed non-conforming or defective will be made as soon as possible and no later than 15 days following the determination by Soudure.pro of the conformity defect or hidden defect.

The refund will be made by credit to the bank card used for payment, to the buyer's bank account, or by bank cheque sent to the buyer.

The liability of Soudure.pro may not be incurred in the following cases:

in the event of misuse, use for professional purposes of products not intended for such professional use, negligence or lack of maintenance, as well as in the event of normal wear and tear of the product or an accident,
force majeure, within the meaning of Article 1218 of the Civil Code, such as, in particular, blockage of means of transport or supply, storms, flooding, shutdown of telecommunications networks, earthquake, fire, lightning, epidemic...

The warranty of Soudure.pro is, in any event, limited to the replacement or refund of non-conforming or defective products.

The buyer is expressly informed that Soudure.pro is not the manufacturer of the products presented, within the meaning of Law No. 98-389 of 19 May 1998 relating to liability for defective products.

If the buyer is a professional

Soudure.pro guarantees the professional the conformity of the products to the order and the absence of any hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use.

Under these conditions, Soudure.pro will replace or have repaired the products or parts under warranty, this warranty also covering labour costs.

Products must be checked by the buyer upon delivery, and any complaint, reservation or dispute relating to missing items and apparent defects must be made within three (3) clear days from the delivery of the products.

It is expressly agreed that after the expiry of this period, the professional buyer may not invoke the non-conformity of the products, nor raise it as a counterclaim in defence against debt recovery proceedings initiated by Soudure.pro.

Deterioration of products resulting from abnormal storage and/or preservation conditions at the buyer's premises, in particular in the event of an accident of any nature whatsoever, shall not give rise to the warranty owed by Soudure.pro.

Under the warranty against hidden defects provided for by Articles 1641 et seq. of the Civil Code, EURO-WELDING shall only be liable for the replacement or free repair of defective goods, without the buyer being able to claim damages of any kind, for any reason whatsoever.

Commercial Warranty

Where applicable, the purchased product also benefits from a manufacturer's commercial warranty provided in the packaging of said product.

Article 11 - Intellectual Property

All elements of the Euro-welding.com website owned by Soudure.pro are and remain the exclusive intellectual property of Soudure.pro and/or its partners.

No one is authorised to reproduce, exploit, redistribute or use in any way whatsoever, even partially, any elements of the website, whether software, visual or audio.

Any simple or hypertext link is strictly prohibited without the express written consent of Soudure.pro.

Article 12 - Personal Data

We invite you to consult our privacy policy on the website www.euro-welding.com

The processing of personal data has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL) on 9 January 2014, under number 1732928 v 0.

In application of Law 78-17 of 6 January 1978 as amended, it is noted that the personal data requested from the buyer is necessary for processing their order and issuing invoices.

This data may be communicated to any partners of Soudure.pro responsible for the execution, processing, transport, management and payment of orders.

Outside the cases set out above, Soudure.pro undertakes not to sell, rent, assign or grant third parties access to data without the Customer's prior consent, unless compelled to do so by a legal obligation.

The processing of information communicated through the Website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

The Customer has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification, objection, portability and restriction of processing with regard to information concerning them.

This right may be exercised by the person concerned directly on their personal account on the website www.euro-welding.com or by contacting EURO-WELDING directly in writing accompanied by a copy of their identity document.

In the event of an unsatisfied complaint, the Customer may contact the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés).

In accordance with Article L223-2 of the Consumer Code, you are informed that you have the possibility of registering free of charge on a telephone canvassing opt-out list BLOCTEL, on the website www.bloctel.gouv.fr, in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship.

Any consumer may register free of charge on this list at the website https://conso.bloctel.fr/index.php/inscription.php .

Article 13 - Archiving - Evidence

Soudure.pro will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of the Civil Code.

The computerised records of Soudure.pro will be considered by the parties as proof of the communications, orders, payments and transactions that have taken place between the parties.

Article 14 - Dispute Resolution

These General Terms and Conditions of Sale are governed by French law.

In the event of a dispute, the customer shall contact EURO-WELDING first in order to reach an amicable solution.

If you are a consumer:

Furthermore, in accordance with the provisions of the Consumer Code, "every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of a dispute with a professional. To this end, the professional guarantees the consumer effective access to a consumer mediation mechanism."

To this end, Soudure.pro is a member of the AMBO mediation service, which may be contacted:
. either by post to: AMBO, 12 rue Colbert, B 37 - 56100 LORIENT
. or by completing the dedicated form on the website: https://www.ambo.bzh/mediation-consommation/

You may also use the dispute resolution procedure applicable within the European Union, by accessing the Online Dispute Resolution (ODR) Platform set up via the European Commission's website at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR .

You may also resort to any other alternative dispute resolution method, such as conciliation, for example.

Failing this, the dispute will be submitted to the competent courts under ordinary law conditions.

If you are a professional:

The Commercial Court of Lorient has sole jurisdiction, notwithstanding a plurality of defendants or warranty claims, or the payment method used for the order(s).