DEPAEPE NC Company, with a share capital of 100,000 euros, whose registered office is located at BESANCON (25000) 7 rue Christiaan Huygens, registered with the Besançon Trade and Companies Register under number 949 144 513 (hereinafter referred to as the “Company”). The Company markets the following products to its Customers via its Website: telephony and intercom solutions.
The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter referred to as the “GTC/GTU”). Placing an Order implies acceptance of the GTC/GTU. The characteristics of the Products are indicated on the Website. It is the Customer’s responsibility to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing their online Order.
The GTC/GTU define the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website.
They apply to all sales concluded by the Company and prevail over any contradictory document, particularly the Customer’s general terms and conditions of purchase.
They are systematically communicated to the Customer upon request.
In the event of subsequent modification of the GTC/GTU, the Customer is subject to the version in force at the time of their Order.
“Customer” refers to the Professional or Consumer who has placed an Order for a Product sold on the Website;
“Order” refers to any order placed by the User registered on this Site;
“General Terms and Conditions of Sale and Use” or “GTC/GTU” refer to these online general terms and conditions of use and sale;
“Consumer” refers to the natural person buyer who is not acting for professional purposes and/or outside their professional activity;
“Products” refers to tangible items that can be appropriated and are offered for sale on this Site;
“Professional” refers to the legal entity or natural person buyer who is acting within the scope of their professional activity;
“Site” refers to this Site, i.e., depaepe.store;
“Company” refers to DEPAEPE Company, more fully designated in Article I hereof; and
“User” refers to any person who uses the Site.
Registration on the Site is open to all legal entities or natural persons of legal age and possessing full legal personality and capacity.
Use of the Site is conditional upon User registration. Registration is free.
To register, the User must fill in all mandatory fields; otherwise, registration cannot be completed.
Users guarantee and declare on their honor that all information communicated on the Site, particularly during registration, is accurate and compliant. They undertake to update their personal information from the dedicated page available in
their account.
Every registered User has a username and a password. These are strictly personal and confidential and must under no circumstances be communicated to third parties, under penalty of deletion of the infringing registered User’s account. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company shall in no event be held liable for the identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible, so that the latter can take the necessary measures and rectify the situation.
Each User, whether a legal entity or a natural person, may only hold one account on the Site.
In the event of non-compliance with the GTC/GTU, particularly the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the infringing
User.
Account deletion results in the permanent loss of all benefits and services acquired on the Site.
However, any Order placed and invoiced by the Site before account deletion will be executed under normal conditions.
In the event of an account deletion by the Company for failure to comply with the duties and obligations set forth in the GTC/GTU, the infringing User is strictly prohibited from re-registering on the Site directly, via another email address, or through an intermediary without the express authorization of the Company.
Any Order can only be placed once the User has registered on the Site. When logged into their account, the User can add Products to their virtual cart. They can then access their virtual cart summary to confirm the Products they wish to order and place their Order by clicking the “Order” button.
They must provide an address, a delivery method, and a valid payment method to finalize the Order and effectively form the sales contract between them and the Company. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Site. Once the Order is placed, the User will receive confirmation by email. This confirmation will summarize the Order and provide relevant delivery information. Placing an Order constitutes the conclusion of a distance sales contract between the Company and the Customer.
The Company may grant the Customer price reductions, discounts, and rebates based on the number of Products ordered from the Site or the regularity of Orders, according to the conditions set by the Company.
The Products covered by the GTC/GTU are those listed on the Site and sold and shipped directly by the Company.
The Products are described on their respective page within the Site, and all their essential characteristics are mentioned. Sales are made within the limits of the Company’s available stock. The latter cannot be held responsible for stock shortages or the impossibility
of selling a Product whose stock is non-existent.
When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs, and takes into account applicable reductions in force on the day of the Order. The indicated price does not include delivery costs, which will be detailed, if applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote outlining the price calculation formula.
Under no circumstances may a User demand the application of reductions that are no longer in force on the day of the Order.
Unless otherwise stipulated, all sales are paid in full at the time of placing the Order.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or full payment of the price when placing the Order or upon receipt of the invoice.
Payment can be made by:
• Bank transfer
• Credit card via a secure connection
• Administrative money order (reserved for administrations)
In the event of total or partial non-payment for the Products by the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation, increased by 10
percentage points.
The financing operation used is the most recent one on the date of the Order for Service provisions.
In addition to late payment penalties, any sum, including the deposit, not paid by the Professional Customer on its due date will automatically incur the payment of a fixed compensation of €40 for recovery costs.
In the event of total or partial non-payment for the Products by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty at a rate equal to the legal interest rate. No compensation may be made by the Customer between late payment penalties for the supply of ordered Products and sums owed by the Customer to the Company for the purchase of Products offered on the Site.
The penalty owed by the Customer, whether Professional or Consumer, is calculated on the VAT-inclusive amount of the remaining sum due, and runs from the price’s due date without any prior formal notice being required.
Products are delivered exclusively to the following geographical areas:
• Metropolitan France
• Corsica
• Overseas Territories
• European Continent
• North America
• South America
• Africa
• Asia
• Oceania
The Company undertakes to make every material and human effort to deliver the Products as quickly as possible. Delivery times may vary depending on the Customer’s geographical area, the chosen delivery method, or the Product ordered.
In the event of exceeding the delivery deadline by 30 days, excluding cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having formally requested the Company, under the same terms, to make the delivery within
an additional reasonable period, and if the Company has not complied.
In this case, the Customer will be reimbursed within 30 days if payment has already been made.
Should delivery be impossible due to an error in the address provided by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address, and any additional delivery costs will be borne by the Customer.
Furthermore, the Company’s liability cannot be engaged for reasons related to exceeding delivery times:
• during periods of high demand, such as year-end holiday seasons,
• for delays caused by reasons of force majeure, i.e., due to the
occurrence of an unforeseeable, irresistible event beyond its control,
• for acts exclusively attributable to the carrier responsible for delivery.
Delivery is made, depending on the Customer’s choice and according to the prices indicated on the Site:
• to the address indicated by the Customer when placing their Order by standard mail.
Shipping costs in Metropolitan France are determined by weight and the geographical delivery zone. Our aim is to offer you the fairest shipping costs. You can find out the shipping costs by building your cart on our merchant site and performing an order simulation.
For any delivery outside Metropolitan France, the default Incoterm is “Ex Works” (EXW), but we can provide you with a quote that will depend on your delivery location and the weight of the equipment to be delivered.
Please note: shipping costs are free for the first order.
For all Orders placed on this Site, the Customer has a right to claim within 15 days from the delivery of the Product. It is their responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations made upon delivery, the Products are deemed to conform to the Order.
To exercise this right to claim, the Customer must send the Company, at contact@depaepe.com, a declaration expressing their reservations and claims, accompanied by the relevant supporting documents (delivery note countersigned by the carrier, photographs, etc.).
A claim not complying with the conditions described above cannot be accepted.
The Company will repair, replace, or refund the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
The Consumer has a 15-day right of withdrawal starting from the date of the Order, except for products mentioned in Article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer must send a declaration to contact@depaepe.com.
Products must be returned in their original packaging and in perfect condition within 15 days from the Consumer’s notification of withdrawal to the Company. The direct costs of return remain the responsibility of the Consumer.
The Consumer will be reimbursed for all costs paid for the Order within 14 days following the Company’s acknowledgment of their declaration of withdrawal and after DEPAEPE has confirmed the perfect condition of the returned products.
The refund will be processed using the same payment method as the original purchase.
The Company retains ownership of the Products sold until full payment of the price by the Customer.
It may therefore repossess said Products in the event of non-payment. In this case, any deposits paid will remain acquired by the Company as compensation.
For Professional Customers, the transfer of risks to the Customer occurs upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risks occurs upon delivery or upon collection of the goods at the store when the Customer has chosen in-store delivery.
Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was carried out under their responsibility or was included in the contract.”
Article L.217-5 of the Consumer Code:
“The goods conform to the contract if:
1° They are fit for the purpose ordinarily expected of similar goods and, where applicable:
• they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
• they exhibit the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative,
particularly in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller’s attention and which the latter has accepted”
Article 1641 of the Civil Code:
“The seller is bound by a warranty against hidden defects in the sold item that render it unfit for its intended use, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.”
Any resold Product that has been altered, modified, or transformed is not covered by the warranty.
This warranty is limited to the replacement or reimbursement of non-compliant Products or those affected by a defect. It is excluded in cases of misuse or abnormal use of the Product, as well as if the Product does not comply with the legislation of the country in which it
is delivered.
The Client must inform the Company of the existence of defects within two years. The Company will rectify Products deemed defective to the extent possible. If the Company’s liability is established, the warranty is limited to the ex-tax amount paid by the Consumer for the
supply of the Products.
The replacement of Products does not extend the warranty period.
Registration on the Site entails the processing of the Client’s personal data. If the Client refuses the processing of their data, they are requested to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the French Data Protection Act of January 6, 1978, the Client has the right, at any time, to inquire about, access, rectify, modify, and object to all of their personal data by writing, by mail and providing proof of identity, to
the following address: contact@depaepe.com.
This personal data is necessary for processing their Order and for issuing their invoices, where applicable, as well as for improving the Site’s functionalities.
The Site may use third-party companies to perform certain operations. By browsing the Site, the Client agrees that third-party companies may have access to their data to ensure the proper functioning of the Site.
These third-party companies only have access to the collected data within the scope of performing a specific task.
The Site remains responsible for the processing of this data.
Furthermore, the User may therefore receive information or commercial offers from the Company or its partners.
The User may at any time object to receiving these commercial offers by writing to the Company’s address indicated above, or by clicking on the link provided for this purpose within the emails received.
Furthermore, Client information may be transmitted to third parties without their express prior consent in order to achieve the following objectives:
• comply with the law
• protect any person from serious bodily harm or even death
• combat fraud or harm to the Company or its users
• protect the Company’s property rights.
The Company ensures a level of security appropriate and proportionate to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not constitute a guarantee in any way and do not bind the Company to an obligation of result regarding data security.
To enable its Users to benefit from optimal browsing on the Site and improved functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie stores information related to browsing on the Site, as well as any data entered by Users (including searches, login, email, password).
The User expressly authorizes the Company to place a file
referred to as a “cookie” on the user’s hard drive.
The User has the option to block, modify the retention period, or delete this cookie via their browser interface. If the systematic deactivation of cookies on the User’s browser
prevents them from using certain services or functionalities of the Site, this malfunction shall in no case constitute damage for the member, who will not be entitled to any compensation as a result.
The Company cannot under any circumstances be held responsible for the temporary or permanent unavailability of the Website, and although it employs all its means to continuously ensure the service, it may be interrupted at any time. Furthermore, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement, or maintenance operation.
As previously mentioned herein, the Company cannot under any circumstances be held responsible for delivery delays due to reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be held accountable.
The brand, logo, and graphic charter of this Site are trademarks registered with the INPI and works of authorship protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, or reproduction, whether partial or complete, without the express authorization of the Company, will expose the offender to civil and criminal prosecution.
The law governing the GTC/GTU is French law. Any dispute that may arise between the Company and a User during the execution of these presents shall be subject to an attempt at amicable resolution. Failing this, disputes shall be brought before the competent ordinary courts.
