CGV

General terms of sales

Solution-energies is a mark of Sud-Concept SARL.

Article 1 Company

1.1 Solutions-Energies is a limited liability company whose head office is located ZI of Chalançon N° 2 - Alley Alfred Nobel 84270 VEDENE and recorded at and the Company trade register of Avignon under the Siret number 490,259,272 000 14, Code APE: 2829B, Intracommunity VAT: FR024900259272.

Article 2 - General information

The present general terms of sale of Solutions Energies company define the rights and obligations of the parts within the framework of the product sales and services by Solutions Energies in the Customers of Internet site solutions-energies.com (indicated hereafter by “Internet site”). The Customer states to have taken some knowledge and accepted the related rights and obligations there. Any order made on the Services is governed by the present conditions.

Article 3 - Terminology

The Services are proposed in Metropolitan France and French language. Each natural person or morals, major and able, wishing to profit from the Services of Solutions Energies and which will satisfy the present general terms will be named hereafter by a “Customer”. Each acquisition or reservation of a product or a service carried out by a Customer on Internet site under the conditions envisaged under the present General terms of Sale will be named hereafter by “the Order”.

Article 4 - Methods of Order and price

4.1. The Customers have the possibility of ordering according to three methods:

• - On Internet: with http://www.solutions-energies.com,
• - By telephone, of the Monday to Friday, 9:00 to 12:00 and 14:00 à18 H, to the 09 62 31 30 89,
• - By fax to the 04 90 83 63 29,

4.2. The Customer guarantees that it is fully entitled to use the bank card provided for the payment of his Order and that this bank card gives access to sufficient funds to cover all the costs resulting from the use of the Services of solutions-energies.com.

4.3. While clicking on the button “To buy” during the process of Order, and after having checked in his “basket” the contents of the Order and, if necessary, to have modified it, the Customer states to accept fully and without reserve the entirety of these General terms of Sale. After having confirmed the contents of his Order, the Customer will definitively validate it by the payment. The Order will be final only as from the payment of the corresponding price. Solutions Energies will systematically confirm the Ordering of each Customer, then his forwarding by e-mail.

4.4. The price all inclusive of tax of each product or service is indicated in the corresponding card produced or service. The forwarding costs of the Customer order will be indicated to him before the final validation of this one. Moreover, once the validated Order, the prices and expenses will remain accessible in the heading “ my account ” from Internet site. For the deliveries and performances of service apart from the French territory, the provisions envisaged by the General Tax Code compared to the VAT will be applicable.

4.5. Non respect by the Customer of the obligations subscribed under the present General terms of Sale, and in particular concerning any incident of payment of the price of an Order, will be able to involve the suspension of the access to the Service of solutions-energies.com, to see the cancellation of its account of Customer according to the degree of gravity of the intrigues in question, without prejudice to all damages which the company Solutions Energies could request.

Consequently, Solutions Energies reserves the right to refuse any Ordering of a Customer with whom would exist such a litigation.

Article 5 - Conformity of the products or services

5.1. The information mentioned on each card-product, is those communicated to Solutions Energies by the suppliers nearby whose the products or services are acquired. Solutions Energies will make its best efforts so that the photographic representation of the products or services on Internet site is most faithful possible to the products or services in themselves. However, in view of numerical mode of presentation of the products or services on Internet network, it is possible that perception by the Customer of the photographic representation of the products or services does not correspond exactly to the product or service in itself.

5.2. In the event of nonconformity of the product or service delivered to the Customer, the Customer will be able to turn over it to the Southern company Concept while following the procedure envisaged to the heading “guaranteed” accessible on Internet site.

The Customer will be able to ask Solutions Energies:

• - Is to be delivered of a product or service identical to that ordered, within the limit of stocks available;
• - Is to be delivered of a product or high quality service and equivalent price, within the limit of stocks available;
• - Is to be refunded price of the product or service ordered in the 30 days following the request of the Customer.

Expenses back from product ordered and delivered to the Customer, as well as the possible delivery of another product will be supported by the customer.

5.3. In any event, these provisions do not deprive the Customer of the benefit of his right of retractation, as framed by article 8 of these General terms of Sale.

Article 6 - Availability of the products and services

In the event of a unavailability total or partial of product or service after placing of the Order, the Customer will be informed by e-mail of the delivery of an order partial or cancellation of his Order. Pursuant to the provisions of the article L 121-20-3 of the Code of Consumption, in the event of unavailability of the product or the service, the Customer has faculty then:

• - Is to be delivered of a product or high quality service and equivalent price, within the limit of stocks available;
• - Is to be refunded price of the product or service ordered in the 30 days following its request.

The expenses of delivery of a new product or service will be supported by the Customer.

Article 7 - Right of retractation

7.1. Perimeter

Except exceptions indicated below as within the framework as of event-driven sales, all the marketed products or services profit from the clause “satisfied or refunded” during seven clear days as from the delivery date in accordance with the provisions of the article L 121-20 of the Code of Consumption. The Customer can, in the seven days which follow the delivery of its order, and concerning the products subjected to the right of retractation, to exert this one while telephoning: 09 62 31 30 89. Indeed, certain products and services defined in the L.121-20-2 article of the Code of consumption cannot be the subject of the right of retractation of the Customer, the products or services concerned will be indicated to the Customers during the sale in any event.

It acts particularly:

• - audio or video recordings or computer software.

Indeed, except if the latter were not loosened (withdrawal of the blister pack of protection), these products being delivered could be neither turned over to Solutions Energies by the customer nor to be the subject of a refunding of the customer by Solutions Energies.

Products which because of their nature cannot be reforwarded or are likely to worsen or to expire quickly.

These products get along in particular, within the meaning of jurisprudence, of the foodstuffs or liquid.

Supplies of newspapers, periodicals or magazines;

Lastly, of the products made according to the specifications of the Customer or definitely personalized.

7.2. Methods

Prior to any return of a product or retractation of a service, the Customer will have to indicate his intention by the means of the heading “contact” on Internet site of Solutions Energies. This right is exerted by the reference of the product with Solutions Energies at the address mentioned in article 9, or for the services according to the specific procedure of the service which will be indicated on Internet site. The refunding of the Customer will be carried out by any means of payment within thirty day as from the reception by Solutions Energies of the request for exercise of the right of retractation by the Customer, under the reserve which the product or service was restored in Solutions Energies. The expenses and risks related to the return of the product are the responsibility of the Customer. The return of the whole of the products or ordered services will give place to a refunding equal to the totality of the sums paid by the Customer, i.e. at the cost of purchase of the product or service (S) bought (S) and at the possible expenses of delivery. The return of an Order is indicated like an operation into negative; accessible information constantly on Internet site in the heading “My account”, which is accessible only to the only Customer concerned.

Article 8 - Methods of reference of product or service by the Customer

To be able to profit fully from the conditions of article 6 “Conformity” and those of article 8 “Right of Retraction”, the Customer must turn over the product or service to Solutions Energies:

• - subject to have obtained a number of return via the heading “contact”;
• - with the following address: Solutions Energies: Returns number ............. (the number of return obtained under the conditions will be indicated above), ZI of Chalançon N° 2 - Alley Alfred Nobel 84270 Vedène France;
• - correctly protected, in its packing of origin, a perfect state of resale (not damaged, damaged or dirtied) accompanied by all possible accessories, notes of employment and documentations,
• - accompanied by the sale invoice in order to allow the latter to identify the Customer (n° order, name, first name, address).
• - without the product or service obviously was not the subject of a durable use (beyond a few minutes), i.e. provided the products do not carry marks of a prolonged use exceeding the time necessary with their test and are in a state allowing their resale.

Article 9 - Payment

The payment of the purchases is carried out to date by bank card by check or transfer (boil to contact to the 09 62 31 30 89).

The bank cards accepted to date are: CB, Visa and Master Card.

The bank account of the Customer will be output at the conclusion of a 4 days deadline following the date of the Order and this one will be regarded as effective after confirmation of the agreement of the centers of banking payment.

Accounts - checks are to be established with the order of Southern Concept and to send to the following address.

Solutions Energies ZI of Chalançon N° 2 - Alley Alfred Nobel 84270 Vedène - France.

Article 10 - Security

The solutions-energies.com site is the subject of one of the most powerful systems of security at the present time. It adopted not only the process of encoding SSL (Secure Socket Layer) but also reinforced the whole of the processes of jamming and encoding in order to most effectively protect possible all the significant data related to the means of payment. Solutions Energies never has access to the relative confidential informations by means of payment. This is why the banking coordinates of the Customer are requested to him from each

Order. Indeed, only the CIC has the confidential informations (card number, validity date) which are inaccessible by a third.

Article 11 - Delivery

11.1. Place of delivery the products or services will be sent intended for delivery which the Customer indicated during the process of Order. The share in the expenses of logistic preparation and forwarding means including all taxes. All the deliveries are announced by e-mail. During the forwarding of an Order, Solutions Energies prevents that an original invoice including the expenses of delivery and the VAT will be sent by e-mail to the Customer. In the case of a partial forwarding, a delivery order will be available in the parcel recapitulating the products and/or services indeed present in this one. Solutions Energies delivers everywhere the parcels in Metropolitan France, in Monaco, in Corsica and abroad. The Customer must choose the place of delivery: in residence, the office, at a third person, on the holiday place… In the event of absence during the delivery, with the address indicated by the Customer, a transit advice note is normally deposited in limps - with - letters: it is then possible to withdraw the parcel in a post office in the 10 days following the deposit of this opinion. If the parcel is delivered by conveyer, an opinion is also left in limps - with - letters of the address indicated by the Customer during the Ordering. It will then belong to the Customer to contact the conveyer to be appropriate of a new delivery date. In the event of going beyond the times indicated above, the parcel would be returned to Southern Concept. The service customers will then contact the Customer for a possible reforwarding and without answer of the Customer within a reasonable delay a refunding will carry out.

11.2. Delivery period the maximum delivery period is 60 working days as from the Ordering of the product or service, except particular stipulation indicated to the Customer before the placing of the Order like prior to the final validation of this one. In this case, Solutions Energies will indicate to the Customer an estimated fork of delivery date. This time will be recalled in the “summary of the order” like in the heading “followed by delivery” of Internet site.

11.3. Delay of delivery in such a case, the Customer can contact the customer service of Southern Concept, whose coordinates are indicated in the heading “contact” of Internet site and by selecting the object corresponding to its request. The Customer has faculty to cancel his Order if the delivery of this one did not intervene at the latest seven working days after the delivery date indicated by Solutions Energies, except if this delay of delivery is due to an emergency within the meaning of the jurisprudence of the French Courts. In the 10 working days following the request for cancellation by the Customer, Solutions Energies will carry out near its bank an application for repayment of the Customer.

11.4. Delivery partial the Customer will be informed by e-mail of the delivery partial of an Order. A second e-mail will inform it of the delivery of the other products and/or ordered services.

11.5. Absence of delivery the Customer has faculty to cancel its Order if the delivery of this one did not intervene at the latest seven working days after the delivery date indicated by Solutions Energies, except if this delay of delivery is due to an emergency within the meaning of the jurisprudence of the French Courts. In the 10 working days following the request for cancellation by the Customer, Southern Concept will carry out near its bank an application for repayment of the Customer.

11.6. Delivery carried out each delivery famous is carried out as of provision of the product or the service near the Customer, in particular by the conveyer, materialized by the control system used by the conveyer, such as the system of follow-up of delivery suggested on Internet site of the Post office relating to “Colissimo”. Without prejudice to time available to the Customer under his right of retractation defined in article 8 here before, it is up to the Customer to check forwardings on arrival and to make all reserves and complaints which would appear justified, to even refuse the parcel, if this one is likely to be opened or if he carries manifest traces of deterioration. The known as reserves and complaints must be addressed to the conveyer by registered letter with acknowledgment of delivery in the three business days following the delivery of the products, a copy will be immediately addressed to Solutions Energies.

11.7. Information on the methods of delivery

Stray parcel When a parcel leaves the warehouses of Solutions Energies, it can be conveyed either by La Poste (“Colissimo”), or by a conveyer. The Customer is informed by e-mail upon the departure of the parcel of the warehouses of the mode of routing of his Order. The Customer also has a number azure to know the follow-up of his order: 09 62 31 30 89.

1/ In the case of a sending in Colissimo, the Customer is informed of this departure by the sending of an e-mail recapitulating the products or services sent and informing of the number of follow-up (often starting with 8V…) allowing to know its evolution on the www.coliposte.fr site. In the event of dysfunction of Internet site Coliposte.net, the Customer has another means to know the follow-up of his Order:

• - By telephoning near the number 09 62 31 30 89
• - By minitel on the 3615 COLIPOSTE

The Customer will have to thus give his number of follow-up, mentioned in the e-mail that Solutions Energies will have sent to him.

It is then necessary to count 2 to 5 working days to be delivered or to receive a transit advice note in limps - with - letters. As from the deposit of the transit advice note in limps - with - letters of the address indicated by the Customer, this one has approximately 10 days to go to withdraw it at the post office. If this time were exceeded, the parcel would be returned to Solutions Energies. The service customers will then contact the Customer for a possible reforwarding and without answer of the Customer within a reasonable delay a refunding will carry out. However, if 5 working days after the forwarding of the parcel, the Customer does not have news of his Order, it must approach the post office nearest to the place of delivery indicated on the parcel. If neither the post office nor the follow-up of parcel (www.coliposte.net) indicate to have trace of this parcel, the Customer must then appear near Southern concept by the means of the heading “Contact” of Internet site. The Service Customers of Southern Concept will then open an investigation near the postal services. The Customer will then receive an e-mail indicating to him that an investigation is open. The times of definitive answer of the Post office to Solutions Energies are generally 14 working days.

• - If the parcel is found, it is then sent to the Customer: the type-approval procedure runs its normal course then (deposit of the parcel or etc, transit advice note…)
• - If the parcel is declared lost, Solutions Energies warns the Customer then and proceeds of it immediately to the formalities of refunding of the Order corresponding to the lost parcel (produced and carriage costs).

2/ In the case of a sending by conveyer, the Customer is informed of this departure by the sending of an e-mail recapitulating the dispatched products or services (the number of follow-up is then that of the order). It is then necessary to count 1 to 3 working days to be delivered Order. In the event of absence, a transit advice note is deposited in limps - with - letters with the address indicated by the Customer: the coordinates of the conveyer are then communicated to the Customer who must then agree on an appointment while calling with the number indicated on the opinion. If the conveyer cannot leave the transit advice note (addresses unknown, code carries not communicated…), it contacts Solutions Energies to have the missing element of address near the Customer. Without answer of this one, the parcel returns to Southern Concept and a refunding is then carried out.

Article 12 - Guarantees

12.1. Legal guarantee (1641 and following civil code)

Solutions Energies, according to the choice of the Customer, begins either to refund the Customer of the price of the product or service, or to exchange the product or service of the Customer for a product or service identical according to stocks available, or to exchange to him a product or service for a product or high quality service and price equivalent according to stocks available in the event of delivery of a product not-in conformity (article 6 here before) and in the event of delivery of a product or service revealing a latent defect. For any request for this type, the Customer must then contact the Customer service by the means of the heading contact of Internet site.

The Customer has another means to make play his guarantee by telephoning near the number 09 62 31 30 89.

These provisions are not exclusive above right of retraction defined in article 8.

12.2. Contractual guarantee

Certain products or services can give place to contractual guarantee and this one will be indicated on the card produced on Internet site of Solutions Energies. These guarantees are clearly detailed on their descriptive card and no Customer will be able to ask to profit from a guarantee broader than that which is registered. Contractual guarantee thus granted by Solutions Energies being that usually granted by the supplier to his Customer. In the event of problem with a product or service, the Customer must preserve the purchase invoice transmitted by Solutions Energies and address himself to the Customer service by the means of the heading contact which will inform him of the step to be followed.

12.3. Exclusion of guarantees are excluded from guarantee the products or services modified, repaired, integrated or added by the Customer or any other person not -authorized by the of the aforesaid supplier produces or service. The guarantee will not play for the apparent defects. The guarantee will not take charges with them the products or services damaged during transport or of a misuse.

Article L211-4 Codes consumption

The salesman is held to deliver a good in conformity with the contract and answers of the defects of conformity existing during the delivery. He also answers of the defects of conformity resulting from packing, the instructions of assembly or the installation when this one was put at its load by the contract or was carried out under its responsibility.

Foot-note: Schedule 2005-136 2005-02-17 Article 5: The provisions of this ordinance apply to the contracts concluded subsequently to its coming into effect.

Article L211-5 Codes consumption

To be in conformity with the contract, the good must:

To be specific to the usually awaited use of a similar good and, if necessary:
To correspond to the description given by the salesman and to have qualities that this one presented to the purchaser in the form of sample or of model. 

To have qualities until a purchaser can legitimately wait in view of public statements made by the salesman, the producer or his representative, in particular in publicity or labelling

Or to show the characteristics defined by mutual agreement by the parts or to be specific to any special use sought by the purchaser, made available of the salesman and that this last accepted.

Foot-note: Schedule 2005-136 2005-02-17 Article 5: The provisions of this ordinance apply to the contracts concluded subsequently to its coming into effect.

Article L211-12 Codes consumption

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article 1641 Civil code

The salesman is held of the guarantee at a rate of the hidden defects of the sold thing which make it unsuitable with use for which one intends it, or which decrease so much this use, which the purchaser would not have acquired it, or would have given only one less price of them, if he had known them.

Article 1648 subparagraph 1st Civil code

The action resulting from the redhibitory defects must be brought by the purchaser within a period of two years as from the discovery of the defect.

Article 13 - Modification of the general terms of sale

Solutions Energies reserves the right to modify the present General terms of Sale. The Customers who would not wish that the contractual relations be controls by the new version of the General terms of Sale applicable to all new order, will have to notify it and, as from the date from which the new version will take effect, they will have to cease using the Services of Solutions Energies.

Article 14 - Personal data

Solutions Energies begins not to reveal with thirds the information communicated by the Customers on Internet site. Those are confidential. They will be used by its internal services only for the treatment of the Customer order and that to reinforce and personalize the communication in particular by the letters/e-mails of information as within the framework of the personalization of Internet site according to the noted preferences of the Customers. Solutions Energies thus does not sell, does not market, and does not rent with thirds the personal data concerning its Customers. Solutions Energies will be able to address to the Customers information and commercial propositions of its partners. It is left faculty to the Customers to be opposed to it while forwarding to Solutions Energies an e-mail to the infos@solutions-energies.com address (on the assumption that the customers use various email addresses to place their Orders, it is requested to them to send to Solutions Energies a message from each e-mail address communicated from Solutions Energies). Solutions Energies can also provide statistics consolidated relative to its Customers, its sales, structures of the exchanges and relating to information on Internet site with thirds of confidence, but these statistics will not contain any personal data.

This article will not be able to prevent the transfer nor the transfer of activities to a third. Consequently, in accordance with the data-processing law and freedoms of January 6th, 1978, the Customer can exert his right of access with the file and his right of correction or suppression for the information relating to it by addressing his request (by indicating e-mail address, name, first name, postal address), while going on Internet site of Solutions Energies, in the heading “Contact” or by mail with the following address 
SOLUTIONS ENERGIES
ZI of Chalançon N° 2 - Alley Alfred Nobel 
84270 VEDENE

In the event of transfer of files in the event of transfer of activity to a third, Solutions Energies begins to inform the Customers beforehand of them.

Article 15. Others

15.1 On the assumption that any of the terms of the General terms of Sale would be regarded as illegal or incontestable by a legal decision other provisions will remain in force.

15.2 Pursuant to articles 1316 and following of the Civil code and, if necessary, L.110-3 article of the Commercial law, the information delivered by Internet site is taken between the parts. Elements such as the moment of the reception or the emission, as well as the quality of the received data will be taken by priority such as appear on the information systems of Solutions energies, or as authenticated by the computerized procedures of Southern Concept, except bringing of it the documentary evidence and contrary by the Customer. The range of the proof of the information delivered by the computing systems of Solutions Energies that which is granted to an original within the meaning of a document writes paper, is signed in a handwritten way.

Article 16. Right - Litigation

The present General terms of Sale in French language will be carried out and interpreted in accordance with the French right. In the event of litigation, the Customer will address himself by priority to Solutions Energies to obtain a friendly solution.

Failing this, the French courts will be only qualified.