General terms and conditions of sale

1 - Identification of the seller

Concept clim 3000 is the trading name of SARL IBL SERVICE, a limited liability company with capital of €20,000, registered with the Créteil (94) Trade and Companies Register under no. 390 870 889, Siret 39087088900032, APE 464 Z, intra-Community VAT number: FR49390870889, with its head office at the following address:

SARL IBL SERVICE : 69 Avenue Aristide Briand 94230 CACHAN - FRANCE

Customer Service :

+ 33 (0)1.41.98.32.20 (free, French and not surcharged)

Contact e-mail: sarliblservice@gmail.com

Switchboard open: Monday, Tuesday, Wednesday, Thursday and Friday

09:00 to 12:00 and 13:30 to 18:00

Article 1: General information general terms and conditions of sale

Any order placed on our online sales site (conceptclim3000) belonging to IBL SERVICE implies acceptance by the Buyer of these general terms and conditions of sale and waiver by the Buyer of its own general terms and conditions of purchase, including trade union terms and conditions. This acceptance is deemed to have been accepted if no reservations are expressed by the Buyer within 7 days.

The information given in catalogues and leaflets, whatever the medium, is not binding on IBL SERVICE, which reserves the right to modify its products.

IBL SERVICE shall not be bound by any commitments made by its representatives or employees unless IBL SERVICE has given its consent. This agreement shall be deemed to have been reached if IBL SERVICE does not contest it within 15 working days of receipt of the order. Any disagreement will be notified to the Purchaser within the same timeframe. The sales contract is only valid if IBL SERVICE accepts the Purchaser's request.

Article 2: Delivery time and right of withdrawal

Delivery times are based on the information available to IBL SERVICE on the day the order is placed.

Concept clim ensures a 24-hour turnaround for accessories.

For electrical equipment, the product is tested before being packed and dispatched. We ship within 48 to 72 hours.

Under no circumstances may a delay in delivery give rise to any form of compensation.
IBL SERVICE is automatically released from any commitment relating to delivery times.

- if the payment conditions have not been respected by the Buyer.

- in the event of force majeure.

- in the event of a shortage of raw materials.

RIGHT OF WITHDRAWAL :

In accordance with article L121-20-1 of the French Consumer Code (the right of withdrawal only applies to individual consumers only), the consumer has a period of seven clear days in which to exercise his right of withdrawal without having to justify his decision or pay any penalties, with the exception of all shipping and return costs.
The period mentioned runs from receipt of the good(s), and on a cancellation sent by recorded delivery with acknowledgement of receipt to conceptclim3000@gmail.com.

Refunds may be made within a maximum of 30 days following the date on which the right was exercised.

Where the seven-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

Returns must be made directly to the manufacturer, whose address in France will be communicated on request. This right of return will only be accepted for products that are complete (accessories, instructions, etc.), unused, in their original packaging, in good condition and accompanied by a copy of the purchase order.

Items returned incomplete, damaged or soiled by the Customer will not be taken back.

Professional customers are not covered by article L121-20-1 of the French Consumer Code and cannot cancel their order.

Article 3: Prices

IBL SERVICE's prices are quoted ex works, either in Euros before tax or in foreign currency.

They may be revised in the event of a significant and sudden increase in the price of raw materials or exchange rates. The terms and conditions will be set out in the special terms and conditions.

Article 4: Transport and delivery - Insurance

Whatever the mode of transport, shipment is made under the express responsibility of the Buyer.

All transport, insurance, customs, handling and delivery operations are at the expense, risk and peril of the Buyer, who is responsible for checking shipments on arrival and, if necessary, taking recourse against the carriers. If IBL provides transport on behalf of the Customer, the contract with the carrier chosen by IBL will automatically be concluded with an "INSURANCE" covering the amount of the order. In the event of non-delivery due to the carrier, IBL will activate the insurance and may return a second order at no additional cost to the customer.

In the event of delivery by IBL SERVICE, the Purchaser is required to make any reservations upon delivery. These reservations must be recorded on the delivery note. Any subsequent complaint will not be taken into consideration.

In the event of collection by the Customer from IBL SERVICE, the products are deemed to have been inspected at the time of collection. Under no circumstances may a transport credit note be issued for equipment collected by the Purchaser.

Each delivery is accompanied by a delivery note detailing the products delivered. The Buyer must inform IBL SERVICE of any discrepancies without delay.

In the absence of any reservations, deliveries by IBL SERVICE shall be deemed to have been made at the time of receipt, correctly and in accordance with the delivery note.

In the event of "breakage" after unpacking, IBL will pay for the shipment and replacement of the broken item.

Article 5: Retention of title and payment

5.1. Reservation of ownership

The transfer of ownership of the goods sold is subject to payment by the Buyer of the price on the due date or dates in accordance with the law of 12 May 1980. However, the risks are transferred upon delivery.

By express agreement, IBL SERVICE's sales contracts are always concluded under the resolutory condition of full payment by the Buyer on the due date(s).

5.2. Resale or use

The goods remain the property of the seller until full payment has been received. By way of simple tolerance, IBL SERVICE hereby authorises the Buyer to resell or use the designated goods, provided that the Buyer pays the full outstanding price as soon as the goods are resold, with the corresponding sums being pledged to IBL SERVICE in accordance with Article 2071 of the French Civil Code, with the Buyer simply becoming the custodian of the price.

5.3. Payment - general terms and conditions of sale

Payment shall be made in accordance with the terms and conditions specified when the order was placed. The granting of payment deadlines is simply a tolerance granted by IBL SERVICE depending on the Purchaser's references. IBL SERVICE reserves the right to withdraw this facility without any recourse for the Purchaser and without any reduction in price, in the event of a deterioration in these references.

In the event of payment by accepted draft, the Buyer must return the acceptance within eight days of receipt of the invoice or the corresponding statement. In the case of cash payment by cheque, the Buyer is obliged to pay on receipt of the invoice. In such cases, no further deliveries may be made until the bill of exchange or cheque has been received by IBL SERVICE.

In the event that payments are not made by the dates agreed between the parties, IBL SERVICE reserves the right to take back the goods delivered and, if it sees fit, to terminate the contract. All costs associated with this repossession operation shall be borne by the Buyer.

The submission of a bill of exchange or any other document creating an obligation to pay does not constitute a payment within the meaning of this provision.

Irrespective of the agreements previously entered into, any outstanding sums shall become immediately due and payable if any of the payments is not made by the due date.

A delay in payment of more than 8 (eight) days in relation to the fixed deadlines, or a suspension of payment in any form whatsoever, will result, whatever the planned method of payment and without prior formal notice:

- return of the equipment to IBL SERVICE.

- the right to retain any advance payments made, up to a maximum of 50% of the sale price.

- the right for IBL SERVICE to suspend the execution of any other orders that may have been accepted, notwithstanding any damages.

The same delay will entail, after prior formal notice by registered letter with acknowledgement of receipt remained unsuccessful within eight days :

- late payment interest at the rate of 1.5 times the legal interest rate in force on the amount of the invoice, including VAT.   

  Debt, from the contractual payment date until the day of payment. In France, the   

  Interest is charged inclusive of VAT at the current rate.

- a contractual penalty of 12% of the amount due, including VAT, with a minimum of 150 euros, in the case of  

  Where the Buyer's default has forced IBL SERVICE to initiate pre-litigation proceedings.

- the invoicing of costs of any kind incurred by IBL SERVICE or charged to it.

Article 6: Guarantees

6.1. Standard and Premium products

Except for special orders, products sold by IBL SERVICE considered as "Standard" are guaranteed parts and labour for 1 year (excluding accessories and worn parts and excluding transport) and for a maximum of 5 hours of semi-intensive use per day. Wear parts are guaranteed for 6 months in the event of a breakdown. The guarantee starts from the date of delivery of the order. Made-to-measure products in the "PREMIUM" version are guaranteed for 2 years (excluding accessories and wearing parts and excluding transport), for a maximum of 7 hours' intensive use per day.

6.2. Specific products

IBL SERVICE products manufactured specifically in accordance with customer specifications, in particular specifications, are guaranteed for a period of one year from the date of delivery. This guarantee is only valid for use in accordance with the contractually agreed conditions.

6.3. Terms and conditions of exercise of the guarantee

The warranty is limited to the outright replacement of parts recognised as defective by the IBL SERVICE technical department. The outward and return carriage shall be paid by the Buyer.

All warranty claims must be accompanied by the defective part, and must indicate the machine number and the date of commissioning.

Unless there is a proven hidden defect, wearing parts are excluded from the warranty. Any abnormal use of the equipment, any modification made to the equipment by an unauthorised person without the agreement of IBL SERVICE, or the use of non-original spare parts, will result in the loss of the warranty.

In order to be able to invoke the benefit of these provisions, the Purchaser must notify IBL SERVICE, without delay and in writing, of the defects that he/she attributes to the product and provide proof of the existence of these defects. The Purchaser must make it easy for IBL SERVICE to identify and remedy these defects.

6.4 Intervention outside the warranty period

IBL SERVICE's after-sales service department will provide an initial quotation for any work carried out or parts replaced outside the warranty period. IBL SERVICE technicians' travel and after-sales service costs shall be borne by the Purchaser.

 6.5. Spare parts

Apart from hidden defects, IBL SERVICE is only responsible for the conformity of the part in relation to its specifications.

It is up to the Buyer to choose the spare part according to the constraints of his use and the results he expects.

Under no circumstances can the replacement of a part on an assembly extend the warranty period for that assembly.

6.6. Force majeure

IBL SERVICE is released from its contractual obligations in the event of force majeure. All events usually considered by jurisprudence to constitute force majeure shall be deemed contractually equivalent to force majeure and shall constitute grounds for the termination or suspension of IBL SERVICE's obligations without recourse by the Purchaser.

 Article 7: Intellectual and industrial property and reproduction rights

The Client acknowledges IBL SERVICE's industrial and intellectual property rights to any documents that may be provided to the Client when placing an order.

Drawings, models or any other technical documents issued by IBL SERVICE and provided to the Client are and shall remain the full and complete property of IBL SERVICE. The Client undertakes to respect and ensure that its employees respect the strictly confidential nature of such documents. They may not, without the prior written consent of IBL SERVICE, be disclosed or given to any third party, nor may they be used in any way other than in the context of the relationship with IBL SERVICE, and they will be returned to the Client without delay at the Client's first request.

Any reproduction or representation, even partial, by any means whatsoever, of these documents, photos, videos, documents, texts, graphic guidelines, carried out without the written authorisation of IBL SERVICE is illegal and constitutes an infringement of copyright. IBL SERVICE reserves the right to lodge a complaint with the relevant court once the infringement has been recorded by a bailiff.

Any use of our registered trademarks without written authorisation from IBL SERVICE is unlawful and constitutes an infringement.

Failure to comply with this obligation may result in IBL SERVICE immediately terminating all orders in progress at that time, without the need for any formality or procedure whatsoever, and without prejudice to any damages that IBL SERVICE may claim.

Article 8: Liability and insurance

8.1. Technical obligations

For standard catalogue products, IBL SERVICE is only responsible for the conformity of its product in relation to the specifications in its technical documents under the standard conditions of use specified.

For standard products in the catalogue, the Buyer is always responsible for the choice of product (machine or accessory), the suitability of the machine or accessory and the expected result. He/she is responsible for its correct use and assembly in accordance with the rules of the trade and regulations. Under no circumstances shall IBL SERVICE be held liable for the final result.

In the case of specific products that have been specified by the client (e.g. specifications) and accepted by IBL SERVICE, IBL SERVICE shall only be liable for the compliance of its product with the contractual specification documents and for the achievement of the performance defined in these documents, and under the conditions stipulated (in particular with regard to the environment). Any use outside of these conditions constitutes abnormal use of the product.

 8.2. Advisory obligations

IBL SERVICE is available to advise its customers on the use of its products. Requests should be made by email to : conceptclim3000@gmail.com

IBL SERVICE may not be held liable by the Purchaser if the Purchaser does not provide IBL SERVICE with complete information to enable IBL SERVICE to assess the Client's needs.

8.3. The reseller Buyer

Except in cases where IBL SERVICE has been in direct contact with the end-customer concerning the need to be met, the Buyer-Reseller is always responsible for the advice it gives to its customers and for ensuring that the product purchased is suitable for the end-customer's requirements and expected results, which results and requirements are unknown to IBL SERVICE.
IBL SERVICE is available to assist the Buyer-Retailer in this task, within the limits of the information provided.

8.4. Insurance

IBL SERVICE is insured for all the usual risks associated with its business and at the level customary in the profession. It provides its customers with valid certificates.

Article 9: Special conditions

These general terms and conditions of sale do not exclude the application of special terms and conditions of sale.

Article 10: Jurisdiction and language

IBL SERVICE's sales and related agreements are governed by French law. The Purchaser's orders are placed under the formal condition that, in the event of any disputes relating to supplies and their payment, the Commercial Court of the seller's registered office shall have sole jurisdiction, to the exclusion of any other jurisdiction designated by the Purchaser, even in the event of multiple defendants.
All documents must be written in French. In the event of differences of interpretation between a text in French and a text in a foreign language, the French text will prevail.