TERMS OF SALES
Article n° 1 : Subject
The general terms of sales as followed, define the rules and conditions of company EssekMultimedia SARL (hereinafter referred as ESSEK) and its professional buyer (professional reseller or phone repair center) in the wholesaling of the following goods: phones and tablets parts, all type of accessories for phones and tablets.
All services performed by the company Essek involves buyer total agreement to actual general terms of sales.
Article n° 2 : Price
Price of sold goods are those applicable the day of order. They are in euros and calculated without taxes. Consequently, VAT rate and shipping cost applicable the day of order will be added.
ESSEK grants itself the right to change its price any time. However, it commits to invoice the ordered goods at the prices indicated when order is registered.
Article n° 3 : Payment terms and conditions
When Buyer validates his order it implies his obligation to pay the indicated price.
Purchase payment is done by credit card through protected system 3Dsecure.
Full payment must be done when buyer completes order.
The debit of the card is done within three days following the order.
Article n°4 : Payment delay
By exception to article 3, ESSEK can authorize some of their buyers to pay through wire transfer.
Wire transfer must be done the day of order.
In the event of non-payment total or partial of goods delivered at day of reception (or time indicated), customer must pay ESSEK a penalty fee equal to three times the legal interest rate.
The legal interest rate is the one in force the day of delivery.
This penalty is calculated on the total amount included VAT of the remaining due amount, and goes from the price deadline without any necessary prior notice.
In addition of delay allowance, all sum of money, deposit included, unpaid in due date will generate as of right to be paid a fixed price of 40 euros due to collection cost (Article 441-6, I indent 12 and D. 441-5 commercial laws).
If, within fifteen days following the execution of article « Payment delay », customer has not cleared due amount, sale will be dissolved as of right and will open the right to damage and interest allowance in favor of ESSEK.
Article n°5 : Title Clause
ESSEK retains all ownership of sold goods until full price payment. In this capacity, if buyer has to go through an adjustment or a compulsory liquidation, ESSEK reserves the right to claim, within the collective procedure, all sold good remaining unpaid.
Article n°6 : Availability :
Products are offered until they are visible on the website ww.repargsm.com and as long as stock lasts.
Regarding products not in stock, offers are valid upon supplieravailability.
In case, products are unavailable after order is completed, buyer will receive this information on his invoice (missing products will be shown as quantity 0 on invoice).
Order on out of stock products will be automatically cancelled and customer credit card will be credited back. The other goods available will be shipped to buyer.
Article n° 7 : Delivery
Orders are solely made through the website www.repargsm.com.
Only reseller or phone repair center having an opened and activated account can proceed to an order online.
All orders completed before noon with a credit card payment is delivered the next day in metropolitan France before 1:00PM via Chronopost to the address indicated by buyer when order has been made. Shipping cost is the responsibility of buyer.
Regarding delivery in Corse, French Overseas Department, and all overseas countries, buyer will select his own delivery method through Chronopost, Colissimo or his own carrier, with prices and deadlines that will change accordingly. Above 5 kilos, shipping is only made through the account of customer or colissimo.
Those delivery deadlines are provided for information purposes only and are not guaranteed.
Therefore, any reasonable delay in delivering the products shall not entitled buyer to:
- damage and interest allowance;
- order cancellation.
Risk of transportation is completely handled by buyer.
In case some of the goods are missing or damaged during transportation, buyer shall formulate all necessary provisions on order form upon receipt of merchandise. Those provisions must be confirmed by writing within the five following days of delivery to email address: info atrepargsm pointcom.
Article n°8 : Merchandise return
Beforehand any defective or non-compliant products return, buyer shall inform ESSEK to email address: info at repargsm.com within 30 days after delivery.
After confirmation in writing by ESSEK, buyer shall returndefective or non-compliant products complying with conditions below :
- Product must be properly protected, in its original packaging, with all optional accessories, manuals and documentations, labels, in a perfect resale condition (undamaged, or non-tarnished)
- The warranty sticker must be on the product
- Sale invoice must be joined with the product
- The product must show non-lasting use (no more than a couple of minutes), meaning products must not show extended use exceeding necessary test time and must be in new condition allowing resale (screen, glass or flex must be cleaned out of glue).
Return shipping cost is at the expense of buyer.
Buyer has full responsibility of transportation of returned products.
If after checking, ESSEK agrees that products are indeed defective or non-compliant, it will take responsibility for return shipping cost on provided receipts.
All returned merchandise approved by ESSEK, will give a credit to buyer. Credit will be sent through email, and merchandise will not be reimbursed.
Credit is valid for 6 months from the issued date.
NONE ARTICLE DISPLAYING THE MENTION “ORIGINAL” WILL BE ABLE TO BE RETURNED OR REIMBURSED.
All article not ordered to ESSEK but returned by mistake will be destroyed.
Article n°9 : Responsability
The term “Brand” appoints the device manufacturer to concern product but do not appoint at all the manufacturer of the piece or product.
The offered products are compliant with the applicable French regulation. The responsibility of ESSEK shall not be held liablein case regulation of country where product is sold is non-compliant.
Furthermore, ESSEK shall not be held liable from loss following a wrong usage of bought product.
The responsibility of the company ESSEK shall not be retained in case of mistake on information presentation, photos, texts and illustrations of active products on the website www.repargsm.com.
Products offered are compatible with operating system in effect the day of purchase. The responsibility of ESSEK shall not be held liable in case operating system evolved from manufacturer, and will turn products unfit for use.
At last, the responsibility of ESSEK shall not be held liable for all inconveniences or damages related to the intranet network usage, particularly a service breakdown, outside intrusion, or computer virus.
Article n°10 : Articles choice
As a skilled professional, buyer makes his own choice on ordered product.
He decides by himself of accessories, accessories pack, spare parts, software or else that he needs, and he evaluates himself the compatibility of ordered products.
Products are compatible unless mention “original” is on designated product.
The reference on product packaging matches model that is compatible.
Article n° 11 : Force majeure
The responsibility of the company ESSEK shall not be held liable if the non-fulfillment, or delay in performing one of his duties outlined in current general term of sales is due to force majeure. For this reason, force majeure means all outside, unforeseeable and unstoppable event in the meaning of Article 1148 of the Civil Code.
Article n°12 : Intellectual property
All items from website www.repargsm.com are and remains exclusive property of the company ESSEK. No one is authorize to reproduce, operate, repost or use for any reason, even partially the website items.
Article n° 13 : Competent Jurisdiction
Any dispute related to understanding and executing current general term of sales is subject to French laws.
Failing amicable settlement, dispute will be referred to the Commercial Court of Bobigny.