General Terms and Conditions of Sale
Foreword
These general terms and conditions of sale apply to all sales concluded on the website of the French Tunnelling and Underground Space Association (AFTES).
The AFTES website is a service provided by:
- Association des Tunnels et de l’Espace Souterrain (AFTES), 42 rue Boissière 75116 PARIS France
- Website address: www.aftes.fr
- Email address: information@aftes.fr
- Telephone: +33 (0)1 85 34 33 20
The aftes.fr website sells the following products: memberships, publications and access to events.
The User customer declares that they have read and agree to the general terms and conditions of sale prior to placing their order. Confirming the order therefore constitutes acceptance of the general terms and conditions of sale.
Article 1 – Principles
These general terms and conditions state all the obligations of the parties. They form the sole basis of the commercial relationship between the parties, and as such, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale shall prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers. Seller and Buyer agree that these terms and conditions govern their relationship exclusively.
The Seller reserves the right to amend its general terms and conditions from time to time. Such amendments shall take effect immediately upon being posted online. In the event that a particular condition of sale (relating to reviews or recommendations, for example) were to be absent, it would be considered to be governed by current practices in distance selling by French-registered companies.
These general terms and conditions of sale may be communicated to any buyer who so requests, in order to enable them to place an order.
These general terms and conditions of sale shall apply until 31 December of each year.
Article 2 – Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of online sales of goods and products offered by the seller to the buyer.
These conditions only relate to purchases that are made via this website and delivered exclusively to mainland France and Corsica.
For all deliveries to the French overseas departments and territories or outside France, buyers should state the destination in order to obtain a specific quote.
Article 3 – Ordering
The buyer places their order online, using the online catalogue and order form on the site.
For the order to be confirmed, the buyer (“User”) must accept these general terms and conditions by clicking on the relevant location indicated on the site. On acceptance, an order confirmation email will be sent by the seller (AFTES), in accordance with the conditions described below.
The buyer must specify the address and delivery method. Payment may be made by direct debit, cheque, bank card or Paypal.
Confirming an order constitutes acceptance of the prices and descriptions of the products offered for sale. Any disputes relating to this aspect shall be addressed through the framework of the exchange process and guarantees described below.
In certain circumstances, such as non-payment, incorrect address or other problems involving the buyer’s account, the seller reserves the right to suspend the buyer’s order until the problem is resolved. If an ordered product is unavailable, the buyer will be notified by email.
The order for that product will then be cancelled and any refund issued, with the rest of the order remaining firm and final.
For any order tracking questions, the buyer may:
- Call the following number: +33 (0)1 85 34 33 20 on the following days and times: Monday-Friday – 9h-17h.
- Send an e-mail to the following address: information@aftes.fr.
Article 4 – Electronic signature
The online provision of the buyer’s bank details and final confirmation of the order will constitute proof of the buyer’s agreement. This will enable the seller to obtain payment of the sums due under the purchase order and will constitute signature and express acceptance of all related transactions.
In case of fraudulent use of their bank details, the buyer is invited to contact the seller immediately on becoming aware of such use, by calling the following number: +33 (0)1 85 34 33 20, or by sending an email message to the following address: information@aftes.fr.
Article 5 – Order confirmation
The contractual information will be confirmed by email no later than at the time of delivery, or failing that, by post at the address indicated by the buyer on the purchase order.
Article 6 – Proof of transaction
Computer records stored on the seller’s computer systems under reasonable security conditions shall be considered evidence of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable, durable medium that can be produced as evidence.
Article 7 – Product information
The products governed by these general terms and conditions are those listed on the website of the seller (AFTES) and indicated as sold and shipped by the seller. They are offered while stocks last.
Products are described and presented as accurately as possible. However, the seller declines all liability for presentation errors or omissions.
Product photographs are not contractually binding.
Article 8 – Price
Calculation
The seller reserves the right to change its prices at any time, but agrees to apply the stated prices in effect at the time of the order, subject to availability on that date. Prices are stated in euros. They do not include delivery costs, which are invoiced in addition and indicated before the order is confirmed. Prices include VAT applicable on the date of the order; any change to the applicable VAT rate will be automatically applied to the prices of products in the online store.
The price must be paid in full at the time of ordering. At no time may the sums paid be considered to be advance deposits.
In the event that any taxes or contributions, particularly environmental taxes, are introduced, increased or decreased, such changes may be passed on to the sale price of products.
Down payment
A deposit may be payable for all orders, on terms specified at the time of sale. Except in cases of force majeure, a buyer cancelling their order will not be entitled to a refund of the agreed deposit.
Price reduction
Where applicable, the buyer may benefit from special discounts and rebates, in accordance with the special terms and conditions specified at the time of the order.
Article 9 – Payment method
Payment
The following payment methods are accepted:
- Bank cards (e.g. Visa, Mastercard, Amex, etc.)
- Cheques, if denominated in euros and drawn on a bank domiciled in France
- Transfer to the AFTES bank account, details of which are provided below (all related fees are payable by the customer):
Crédit Lyonnais
Domiciliation: Paris Anjou
Bank code: 30002
Sort code: 00423
Account no.: 0000000829H
RIB key: 33
IBAN : FR06 3000 2004 2300 0000 0829 H33
BIC : CRLYFRPP
Orders paid for by cheque or bank transfer will be processed on receipt of payment, without reserving the requested items in the stock available at the time of ordering.
Where payment by cheque or bank transfer has been chosen, the order will be cancelled if the cheque or bank transfer is not received within fifteen days of confirmation.
Late payment
In the event of late payment, all sums due to the seller by the buyer shall become immediately payable, without prejudice to any other action that the seller may be entitled to bring against the buyer in this respect.
Article 10 – Product availability
Except in cases of force majeure or during periods of closure clearly stated on the homepage of the site, shipping deadlines shall be as indicated below, while stocks last. Shipping times are measured from the order registration date indicated in the order confirmation email message.
All deliveries to France (mainland France and Corsica) shall be made within seven days, measured from the day after the buyer placed their order.
For deliveries to the French overseas departments and territories or outside France, the destination must be stated in order to obtain a custom quote.
The seller declines all liability for late delivery, regardless of the reason. Accordingly, the buyer shall not be entitled to claim compensation of any kind.
If an ordered product is unavailable, the buyer will be informed as soon as possible and offered the opportunity to cancel their order. The buyer will then have the option to request either a product exchange or a refund of the sums paid within 30 days of their payment.
Article 11 – Delivery terms
Orders are not delivered until payment has been confirmed by the seller’s bank.
Delivery times shall be as stated in Article 10, measured from receipt of the purchase order by the seller.
Any delay longer than two months may result in termination of the sale, in which case any deposits paid or payment made relating to the order shall be refunded to the buyer. Any payment made at the time of ordering shall then be refunded to the buyer.
In the event of non-compliance with the payment terms set out above, the seller may suspend or cancel the sale.
Products are delivered to the address indicated by the buyer on the purchase order; the buyer is responsible for ensuring that this information is accurate. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, on request, have an invoice sent to the billing address rather than the delivery address, by selecting the corresponding option on the purchase order.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery note in the letter box, allowing the parcel to be collected from a specified location within a stated period of time.
In the event that the original packaging is found to be damaged, torn or opened at the time of delivery, the buyer must immediately check the condition of the package contents. If they have been damaged, the buyer must refuse the package and record a reservation on the delivery notice (package refused due to being opened or damaged).
The buyer must record any anomalies concerning the delivery (e.g. absence of a product listed on the delivery notice, damaged packaging, damaged or broken products, etc.) by adding handwritten, signed reservations to the delivery notice.
These checks are considered to have been carried out if the buyer or their authorised representative has signed the delivery notice.
The buyer must then confirm their reservations to the carrier by registered letter within two working days of receipt of the item(s), and send a copy of this letter by fax or standard post to the seller at the address indicated in the legal notices section of the website.
In the event that products have to be returned to the seller, a return request must be submitted to the seller within 14 working days of delivery. Any claims made after this time limit may be rejected. Product returns may only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 12 – Delivery errors
The buyer must notify the seller, on the date of delivery or no later than the first working day following delivery, of any complaints involving delivery errors and/or non-conformities in terms of the nature or quality of the products relative to the information stated on the purchase order. Complaints made at a later date will be rejected.
Complaints may be made, at the buyer’s discretion:
– by contacting the seller via the following telephone number: +33 (0)1 85 34 33 20;
– by email sent to the following address: information@aftes.fr.
Any complaints submitted other than as described above and within the stipulated time limits may be disregarded and shall release the seller from all liability with regard to the buyer.
Upon receiving a complaint, the seller shall assign an exchange number for the product(s) concerned and communicate it to the buyer by email. Products may not be exchanged until an exchange number has been assigned.
In the event of a delivery or exchange error, any products that are to be exchanged or refunded must be returned to the seller, complete and in its original packaging, using Colissimo Recommandé registered carriage, to the following address: 42 rue Boissière , 75116 PARIS, France.
Return shipping costs shall be borne by the seller.
Article 13 – Product warranty
The seller indemnifies the buyer against non-compliance of its services and hidden defects arising from a design flaw or the provision of said services, other than as a result of negligence or shortcomings by the buyer.
In any event, in the event that the seller is deemed liable, the amount of the seller’s guarantee shall be limited to the purchase price, excluding VAT, paid by the buyer.
Article 14 – Right of withdrawal
As the buyer is purchasing in a professional capacity for business purposes, the right of withdrawal provided for by the Consumer Code is not applicable.
Article 15 – Force majeure
Any circumstances beyond the control of the parties that prevent performance of their obligations under normal conditions are considered to be grounds for exemption from the obligations of the parties, resulting in their suspension.
The party claiming force majeure circumstances shall immediately notify the other party of their appearance and subsequent disappearance.
Force majeure shall include all overpowering facts or circumstances that are external to the parties, unforeseeable, unavoidable, beyond the control of the parties and cannot be prevented by them, despite all reasonable efforts.
The following are expressly considered to be cases of force majeure or unforeseeable events, in addition to those customarily accepted in case law of French courts and tribunals: the immobilisation of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties shall jointly review the impact of the event and agree the conditions under which performance of the contract may be continued. These general terms and conditions may be terminated by the injured party if the force majeure event lasts longer than three months.
Article 16 – Partial non-validation
If one or more clauses of these general terms and conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision by a competent court, the other clauses shall remain in full force and effect.
Article 17 – Non-waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 18 – Applicable law
These general terms and conditions shall be governed by French law.
The parties undertake to seek an amicable solution to any disputes that may arise from the interpretation or performance of the contract.
If unable to resolve the dispute amicably, the parties shall refer the dispute to the Commercial Court.
Article 19 – Collection of personal data
Collected data
The following personal information is collected on this site:
Account opening: the surname, first name, email address, telephone number, postal address, company, organisation and date of birth of the user are collected when their account is created;
Login: when the user logs in to the website, it records, in particular, their surname, first name, login details, usage, location data and payment information.
Profile: users of the services provided on the website are able to enter a profile, which may include an address and a telephone number.
Payment: the payment process for products and services offered on the website records certain financial information relating to the user’s bank account or credit card.
Communication: when the website is used to communicate with other members, information relating to the user’s communication history is temporarily stored.
Cookies: cookies are used in connection with the use of the website. Users may disable cookies via their browser settings.
Use of personal data
The purpose of the personal data collected from users is to enable and improve the website services, and to maintain a secure environment.
More specifically, such data is used in the following contexts:
– access to and use of the website by the user;
– management of website operation and optimisation;
– organisation of the terms of use of payment services;
– verification, identification and authentication of data submitted by the user;
– support for communication between website users;
– user support;
– personalising services by displaying advertising content based on the user’s browsing history and preferences;
– fraud and malware prevention and detection, as well as security incident management;
– management of disputes involving users;
– sending advertising and commercial information according to user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– executing payment services requested by the user requires the website to contact third-party banking and financial companies with which it has entered into contracts;
– when the user publishes publicly accessible information in free-text comment fields on the website;
– when the user authorises a third-party website to access its data;
– when the website contracts service providers to provide user support, advertising and payment services. These service providers have limited access to user data while performing such services, and are contractually obliged to use them in accordance with the applicable personal data protection regulations;
– if required by law, the website may transmit data for the purpose of addressing complaints made against the website, or for compliance with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, asset disposal or receivership procedure, it may be required to sell or share some or all of its assets, including personal data. In such an, users would be notified prior to transferring personal data to a third party.
Security and privacy
The website uses organisational, technical, software and physical measures to enhance digital security and protect personal data against unauthorised alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of information transferred or stored on the Internet.
User rights
In accordance with the regulations applicable to personal data, users have the following rights, which may be asserted by writing to the following address information@aftes.fr:
– users may update or delete their personal information by logging into their account and configuring their account settings;
– they may delete their account by writing to the following email address information@aftes.fr. Note that information shared with other users, such as publications on newsgroups, may remain visible to website visitors even after their account has been deleted;
– users may exercise their right of access to consult their personal data, by writing to the following email address: information@aftes.fr. In such an event, the website may request proof of the user’s identity for verification purposes before fulfilling this right;
– if personal data held by the website is inaccurate, users may request that the information be updated, by writing to the following email address: information@aftes.fr;
– users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: information@aftes.fr.
Changes to this clause
The website reserves the right to amend this clause relating to the protection of personal data at any time. In the event of a change to this personal data protection clause, the website undertakes to publish the new version on its website. The website shall also notify users of the change by email, no less than 15 days before the effective date. Users may delete their account if they do not agree with the terms of the revised personal data protection clause.
