1. About these Terms and Conditions
In these terms and conditions "we" and "us" mean Géopolymère, and "you" means you the customer. In these terms and conditions words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by e-mail.2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over.2.2 You may place an Order by:
2.2.1 filling in the Order Form on the Géopolymère Web Site and clicking on the "Submit My Offer of Purchase" button;
2.2.2 filling in the Order Form and sending a hard copy to us by fax (this facility is available 24 hours a day, 7 days a week); or
2.2.3 filling in the Order Form and sending a hard copy to us by post to Geopolymer Institute, 16 rue Galilée, F-02100 Saint-Quentin, France.
You must use the Order Form from the Géopolymère Web Site. We will not accept Orders placed in any way other than those listed above.
2.3 When you place your Order, we will issue you with a Customer Order Number. We will do this by e-mail, or by fax, or by post.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. The criteria of acceptance are: solvency; the stock status; to be a professional in case of the sale of chemicals; the authorization to export from EU; the use of the product/service with licit and not diverted purposes. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail, or by fax, or where you have not indicated an e-mail address on your Order Form, by post. The Order Confirmation will be effective on sending.
2.5 If we cannot accept your Order we will contact you by e-mail, or by fax, or by post.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, such Products are no longer being manufactured or we are unable to source relevant components. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained on the Géopolymère Web Site constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.4. Prices
The shop is targetting a professional audience. All prices displaid in the website are tax free. If some taxes apply, you will found them during the checkout process.4.1 The price for the Products will be the price indicated on your Invoice.
4.2 Tax is payable by you at the applicable rate as indicated on your Invoice.
4.3 Delivery costs are payable by you as indicated on your Invoice.
5. Paying for Your Products
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment section of the Géopolymère Web Site from time to time.5.2 You must pay in EURO as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details to PAYPAL after placing your Order. Your credit card will be charged by PAYPAL.
5.4 If you are paying by cheque, wire transfer or money order a request for payment will be sent to you and your Products will be manufactured and supplied after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
5.5 We will send your Invoice (and any request for payment) to you at the billing address indicated on your Order Confirmation when we ship your Products to you.
5.6 First time customer or any orders related to Products sold on the web site, Geopolymer Institute will send your order AFTER reception of the full payment. For regular customers and for goods or services not sold on the web site, payment after reception of the invoice, with a maximum of 30 days by the end of the current month. Any invoice which is not paid bears interest equal to the legal French interest rate per month, by full right without any formal notice. In case of total or partial non-payment at the fixed date, a conventional penalty agreed beforehand for non-payments is due in addition to the amount of the invoice and its interest. This indemnity accounts for 15% of the amount due. It is payable without any formal notice, by full right and automatically.
6. Delivery of Your Products
6.1 Unless otherwise agreed by us, we will deliver your Products to the billing address for your credit card as indicated on your Order Confirmation.6.2 We will use our reasonable endeavours to deliver your Products to you within 14 days of the date of issue of your Order Confirmation. If we are unable to deliver your Products to you within 30 days of the date of issue of your Order Confirmation, you will have the option to cancel your Order.
6.3 Title to and risk in your Products will pass to you on delivery.
6.4 We have selected shipping methods adapted to our different Products in order to lower the risks of loosing parcels. We take on responsibility of non-delivery by sending again the parcel, free of charge. If the customer chooses and requires another shipping method than the one we recommended (e.g. to lower its cost, or by choosing another company, or if the shipping time covers a week-end or a national holyday), the customer agrees to take on the financial responsibility of the non-delivery or the spoliation of the Product. It means that the customer will pay for a new order to be delivered again.
7. Your Right to Return the Products
7.1 If you are not satisfied with any Product you have purchased from us, you may return the Product to us and obtain a refund of the price of the Product returned if you contact us within 7 Days of delivery of the Product to you.7.2 In order to exercise your option to return a Product you are not satisfied with, you must e-mail us or send a fax, to make arrangements for return of the Product. We will send you Return Authorisation Documentation. You must return the Products in their original packaging.
7.3 Provided the Products are returned to us undamaged, in their original packaging with their full untouched contents, in a state that they will be sold again, we will refund the price paid for the Products you have. The carriers charges for the Products you have returned are paid by you. Otherwise, we will deduct some fees, provided we accept the return of the Products.
7.4 If you have paid your order by credit card or wire transfer, you will receive a refund less € 10 EUR for banking costs (if your bank is outside France).
8. One Year Warranty
We warrant all Products against defects in materials and workmanship for one year from date of purchase (the date shown on your Invoice). Where we repair or replace the Product under this warranty such repaired or replaced Product is covered under this warranty for the longer of the remainder of the one year period or ninety days from the date of repair/replacement. Where the Product is defective, we will provide all parts and labour necessary to repair the Product to proper operating order on the terms set out in this warranty.8.1 How to Obtain Warranty Service
In order to obtain warranty service e-mail us or send a fax and quote your Customer Order Number.
8.2 Warranty Service
We will provide remedial maintenance and repair, including all parts and labour, necessary to restore failed Product to proper working condition. We may, at our option, replace the Product or parts of the Product and we may use refurbished parts or modules in performing this service. Replacement parts become your property and replaced parts become our property. We are not able to provide you with a replacement Product while your Product is being repaired.
We will use reasonable endeavours to repair your Product within 14 days of your reporting a fault, but repair may take longer due to circumstances beyond our control.
8.3 Product Only
This warranty only covers your Product. This warranty does not cover Accessories.
8.4 Exclusions
The warranty does not cover:
- damage caused by accident, misuse or neglect;
- damage caused by exposure of Hardware to an improper environment (including, without limitation, excessive temperature or humidity, unusual physical or electrical stress, a chemical product, lightning, static electricity or fire);
- damage caused by service or modification or alteration of a Product by anyone;
- any use of the Product after its expiration date
- any modifications to Product required by any legislation coming into force after the date of purchase (the date shown on your Invoice); or
- IF YOU ARE A CONSUMER, THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS.
9. Our Liability
9.1 If you are a Consumer, nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute. If you are not a Consumer:9.1.1 these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and performance of the Services;
9.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and
9.1.3 any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
9.2 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud.
9.3 Subject to Conditions 9.1 and 9.2, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.4 Subject to Conditions 9.1, 9.2 and 9.3, our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
9.5 The Client agrees that, regarding the geopolymer chemistry or its use and operation alone or in combination with the Client products, Geopolymer Institute makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. In no event will Geopolymer Institute be liable for special, incidental or consequential damages arising from the use, sale or distribution of the Client products or any third party.
10. Contacting Géopolymère
You can contact us:- by fax at +33/ 959 977 711;
- by E-mail (see the web site www.geopolymer.org); or
- by post at Geopolymer Institute, 16 rue Galilée, F-02100 Saint-Quentin, France.
When contacting us you must quote your Customer Order Number.
11. Export Control
You agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.12. Data Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. Some of the information you provide to us will be passed to the companies we use for the shipment of Products to you, and for the Payment. Géopolymère states that it will not transfer such data to a third party for commercial purpose. You may obtain a copy of the data held by us concerning you on request in writing. If any data held by us concerning you is incorrect, we will correct it on your written request.13. Force Majeure
We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.14. Governing Law and Jurisdiction
14.1 The Contract shall be governed by French law.14.2 Both we and you submit to the exclusive jurisdiction of the French court of commerce of Lille, France.
15. General
15.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.15.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
16. Defined Terms
16.1 In these terms and conditions:"Accessory" means any ancillary Product;
"Géopolymère Web Site" means our build-to-order web site for customers, the web address of which is www.geopolymer.org;
"Condition" means a condition contained in these terms and conditions;
"Contract" means these terms and conditions together with your Order;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Customer Order Number" means the order number issued by us to you;
"Export Laws" means all laws, regulations and orders of the European Union and France applicable to the export, re-export, transfer or resale of Products;
"Invoice" means the invoice issued by us to you for the price of the Products;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on Géopolymère Web Site;
"Paypal" means a payment service through the internet (www.paypal.com) that is taking especially of the payement by credit card;
"Product" means any product listed on the Géopolymère Store Web Site which we agree to supply to you on these terms and conditions;
"Return Authorisation Documentation" means the documentation issued by us to you for the return of Products;
"Services" means any services relating to Products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in France.
16.2 Geopolymer Institut is a non profit organization registered in France with its registered office at 16 rue Galilée, F-02100 Saint-Quentin, France. SIREN : 502 751 647 – APE : 8559A – Euro Tax ID : FR13502751647
Revised on 1 January 2009
