1/ Purpose, acceptance and modification of the TCS:
These Terms and Conditions of Sale (TCS) govern all contracts concluded from the website www.promotal.com and concluded between the company PROMOTAL (the Seller) and professional buyers (the Customers or the Customer). They specify in particular the conditions for ordering, payment, delivery and handling of any product returns ordered by Customers (the Products or the Product). The Seller’s details are as follows: PROMOTAL 22 Rue de Saint Denis 53500 Ernée (FRANCE) Email contact: Contact form Contact telephone: +33 (0)2 43 05 68 95 Any order placed on the website www.promotal.com involves the unreserved acceptance by the Customer of the Terms and Conditions of Use, to the exclusion of any other version or any other contradictory document. Unless there is evidence to the contrary, the data recorded in the Seller’s computer system constitute proof of all transactions. PROMOTAL reserves the right to change the terms and conditions at any time and amendments come into force when placed online on the site. Only the TCS published on the day of the order apply. The Terms and Conditions of Sale are brought to the Customer’s attention when the Customer confirms the order. They are available on the website www.promotal.com. These conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in store or by other distribution and marketing circuits.
2/ The Products:
The Products likely to be the subject of an online order are those that can be viewed on the website www.promotal.com, to the exclusion of any others. The list of Products is subject to change. It includes medical/surgical equipment. The Products comply with the legislation and standards applicable in France. The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site. The Customer is obliged to take note of them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the site are not contractual and do not make the Seller liable. The Customer is obliged to refer to the description of each Product to find out about its properties and main features. Product offers apply within the limit of the stock available. The indications of the availability of Products are provided when placing an order.
Orders are placed online only. The recording of the order validates the order and is deemed acceptance of the order by the Customer, and these terms and conditions of sale. Any order placed on the website www.promotal.com constitutes the formation of a contract concluded remotely between the Seller and the Customer. All orders placed on the website are payable when ordering. Registration on the site is essential to confirm the order. The Customer undertakes to provide the necessary information when opening their account. The Customer is solely responsible for the use which might be made of their account and must ensure the confidentiality of their login and password. In the case of an incomplete order or incorrect information, PROMOTAL reserves the right to cancel or refuse the order. The Customer may not then claim any compensation. The ordering process is as follows: Selection of the Product Configuration (depending on the product) Confirmation Choose of delivery method Account identification or creation for first order Application of any taxes (see: Art. 4 of these Terms and Conditions of Sale) Choice of payment method Acceptance of the TCS Payment confirmation
4/ Price - Payment method - invoicing:
PROMOTAL will endeavour to keep its prices unchanged until 31.12.2017. The prices listed on the site shall be understood as: In the currency selected (in euros by default), Excl. tax (excluding taxes), Excluding carriage or installation costs. Any taxes (VAT, Eco participation, etc.) will be applied at the rate in force at the time of placing the order, when identifying the Customer, according to the billing address indicated. PROMOTAL reserves the right to revise its prices and/or delivery/installation costs at any time, outside the validity period, in the event of a significant change in labour or raw material costs, etc. The applicable price is that on the day the Customer confirms the order. The payment requested of the Customer is the total purchase price, including these costs. The Customer can pay: With the following bank cards: Visa, MasterCard, other bank cards (Blue Card) By cheque By bank transfer If paying by bank card, the Customer provides their card number, the expiry date and CCV number. The sending of the information is secured by MERCANET, an online transaction solution of the BNP group. The data is not stored. If paying by cheque, the cheque must be issued by a bank domiciled in Metropolitan France or in Monaco. The cheque is cashed on receipt. In all cases, payment will be deemed made on receipt of the funds corresponding to the order amount in PROMOTAL’s account (allow 15 days for payment by cheque). Each delivery will give rise to the issuance of an invoice sent by email to the email address provided by the Customer.
5/ Delivery - time - reservations:
The delivery costs applicable are based on the country of delivery and the order amount in euros, including any taxes: see the page: delivery & installation Deliveries are made to the ground floor, at the address indicated when ordering. In the case of an incomplete or incorrect address involving a delayed delivery, PROMOTAL cannot be held liable and no compensation may be claimed. PROMOTAL also offers an equipment installation service, with removal of empty packaging under the following conditions: see the page: delivery & installation The installation provider hired by PROMOTAL will contact the Customer to determine the accessibility conditions of the delivery address and arrange a delivery date. The Customer will first have determined the accessibility of its premises: floor, lift, doorway, pedestrian street, this information will be requested of the Customer when arranging the delivery. PROMOTAL reserves the right to cancel the installation service in case of proven inaccessibility to the Customer’s premises (e.g. need to rent a crane/blocked street/impossibility to deliver to the premises without risk of damage to the equipment or the environment, etc.). In this case, the service invoiced to the Customer will be refunded. The delivery time shall start from the date of the actual receipt of the price by PROMOTAL, regardless of the payment method used. An indication is given when confirming the order. The non-respecting of the delivery times may not give rise to any compensation, nor justify cancelling the order. In the case of non-conformity of the goods, loss, damage, harm, etc. it is the Customer’s responsibility to deal with the delivery of the specific reservations, in the presence of the driver, and confirm them, by an out-of-court deed or by means of a letter with confirmation of receipt to the carrier and PROMOTAL within 3 days of the delivery. After this period and having not complied with these procedures, the Products will be deemed to comply and free of any apparent defect and no claim will be validly accepted by the Seller. In no case can disputes with carriers justify the non-payment of invoices.
6/ Guarantee – Exclusions:
Our products are guaranteed for 2 years (excluding upholstery-1-year guarantee- and labour) from the date of issuance of the Promotal invoice. This guarantee can be extended to 3 years on certain products: Quest and Duolys. The following are excluded from the guarantee: Worn parts and consumables Travel and labour costs Faults resulting from improper use, obvious negligence or movement of the device Equipment whose original characteristics have been modified by the user Control boxes, hydraulic and electrical cylinders if they have been opened by the user (sealed broken) Damage, breakdowns, failures or faults due to causes of external origin (lightning, power surges, floods, natural disasters, shocks, etc.) or in the presence of foreign bodies Damage due to a bad connection or to the power supply, damage due to corrosion or the gradual deterioration of the product Indirect damage related to the loss of enjoyment as well as penalties due to poor performance. Aesthetic damage caused to external parts of equipment not impairing correct operation such as scratches, chips, abrasions Devices whose serial number has been defaced, modified or removed The Seller cannot be held liable in case of misuse, negligence or lack of maintenance by the Customer, as in the case of normal wear and tear of the Product, accident or force majeure.
7/ After-sales service (ASS):
The ASS is ensured by personnel authorised by the company PROMOTAL, before and after the warranty period. The procedures pertaining to operations and to the various costs incurred by the latter will be communicated to you before any operation. For more information, please do not hesitate to consult the section ""Technical Support and FAQ"", the user manual of your item or our ASS team directly via the contact form, on the website www.promotal.com.
French law is the only law applicable. Any dispute which may arise from the interpretation or execution of these terms and conditions will fall under the exclusive jurisdiction of the Commercial Court of Laval, even in the case of interim measures or a plurality of defendants.
9/ Data protection:
In the framework of the operation and functioning of its site www.promotal.com, PROMOTAL is likely to collect certain information of a personal nature. The information collected is the subject of processing designed to record and process orders, and prepare invoices. The recipients of the data are Customer Services and the Accounts Department. This site and the processing of the data are the subject of a declaration to the French Data Protection Authority (CNIL) under number 1752169v0. In accordance with Act 78-17 ""Data Protection Act"" of January 6, 1978 amended in 2004, the Customer has, at all times, the right to permanently access, edit, correct and delete all of their personal data by requesting this in writing, by mail and by proving their identity, to PROMOTAL SAS, 22 rue Saint-Denis-de-Gastines , 53500 ERNEE (France).
10/ Transfer of risks and transfer of ownership:
The goods remain the property of the Seller until full payment of the goods. Regardless of the date of the transfer of ownership of the Products , the transfer of risks of loss and deterioration applies as soon as the goods leave the Seller’s warehouses.
11/ Acceptance by the Customer
The fact of a physical (or legal) person ordering on the website www.promotal.com involves the agreement with and full and complete acceptance of these Terms and Conditions of Sale, which is expressly recognised by the Customer, who waives, in particular, availing themselves of any contradictory document, that would be unenforceable against the Seller.