Article 1 — Scope
The seller is defined below as S.C.A.S. — S.A.R.L., with a share capital of 7622 euros, at the address: Rue André Citroën, 78140 Vélizy-Villacoublay, contactable by e-mail: boutique@cotedco.com. The buyer is defined below as the company or the person signing and accepting these terms of sale.
These general terms and conditions of sale apply exclusively to all sales concluded by S.C.A.S., both on its own behalf and on behalf of its principals. Any other terms bind the seller only after its written confirmation.
The information given in catalogues, price lists, websites, notes, etc. is provided for guidance only and may, on that basis, be modified by the seller without notice. The mere act of placing an order or accepting an offer from the seller entails unreserved acceptance of these general terms and conditions.
Offers are valid within the option period set at one week from the date of the offer, unless otherwise stipulated on the offer. These general terms and conditions may be modified at any time and without notice by S.C.A.S., the modifications then applying to all subsequent orders.
Article 2 — Orders
In the context of orders placed on the website www.cotedco.com and on any other website of the S.C.A.S. group, the customer may register on the Bloctel website in order to pourvoir [sentence left unfinished in the source document].
When a professional is led to collect telephone data from a consumer, it informs the consumer of their right to register on the list of objections to telephone canvassing.
When such collection of information takes place on the occasion of the conclusion of a contract, the contract states, clearly and comprehensibly, the existence of this right for the consumer.
Article 3 — Prices
The seller's price list does not constitute a sale. It may be modified unilaterally without prior information. Goods are invoiced at the agreed price within the limit of the option period and of general economic conditions (taxes, exchange rates, etc.) at the time of delivery.
In the case of products indexed to a currency: any variation of 2% in the exchange rate of that currency against the euro, as determined on the day of the offer, will be passed on on the day of invoicing. All prices are net in euros, excluding taxes, packaging, transport and freight insurance, ex seller's warehouse.
The seller reserves the right to cancel a sale within 5 days and to refund the buyer in the event of an obvious error in the pricing of a product. The refund is then made by cheque and sent as soon as possible to the payer's home address, and the payer is informed as soon as possible by e-mail.
Article 4 — Lead time and delivery
The delivery time for the items is indicated on each product page, and the overall delivery time will be stipulated by taking into account the longest time among the items selected in the order.
Whatever the method of delivery, it is carried out at the seller's warehouse. The risks and perils of transport (loss, deterioration or theft) are covered together with the shipping costs (insurance included). Delivery is carried out either by direct handover to the buyer, or by notice of availability, or by handing over the goods to a carrier. The seller is entitled to make partial deliveries. Any partial delivery accepted by the buyer is invoiced on delivery.
By express agreement, in the event of force majeure or of events such as lock-out, strike, total or partial stoppage of work in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption of or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller is released from all liability for delivery. The seller will keep the buyer informed in due course of the cases and events listed above. In all cases, delivery within the lead times can take place only if the buyer is up to date with its obligations towards the seller, whatever the cause.
The conditions, lead times and delivery charges are also detailed on the Delivery and shipping charges page.
Article 5 — Transport
The risks relating to transport are borne by the seller, on condition that the buyer has checked the goods on arrival and has, where applicable, exercised its remedies against the carrier within 48 hours, even in the case of carriage free of charge. Unless otherwise agreed, the seller freely chooses the carrier. In the event of loss of a parcel during transport, the investigation periods may vary depending on the carrier and take from one to two weeks.
Article 6 — Complaints and after-sales service
On receipt of the goods, the buyer must immediately check their condition and their conformity with the contract. If the parcel is too badly damaged, the buyer must refuse it. The labels affixed to all items are essential for the guarantee. The packaging must be kept in perfect condition. This is also the case where the buyer makes no reservation on delivery of the goods.
All complaints relating to a defect in the goods delivered, to an inaccuracy in the quantities or to an incorrect reference compared with the accepted offer or with the seller's order confirmation must be made in writing by recorded delivery within 48 hours of receipt of the goods, without neglecting the remedies against the carrier; failing which the right to complain will be lost. The buyer must allow the seller to carry out all on-site verification operations relating to the complaints.
Any return of goods requires the sending of the withdrawal form (see Article 13) by e-mail to boutique@cotedco.com. The buyer will receive a return authorisation by whatever means the seller deems most appropriate. On that occasion the buyer must give precise contact details and provide the description of the item or items concerned, their serial number, the fault observed and the invoice number corresponding to the items described. After obtaining the return authorisation, the buyer has a period of 14 days to return the defective goods to the seller.
For defective items, the buyer may obtain a standard exchange of the goods within the period of the item indicated by the website at the time of the complaint — in the case of non-specific products and subject to stock availability. The buyer then sends the seller the item or items that appear to be defective, without any other accessory (cable, additional software, etc.). The goods are returned at the seller's expense within 3 months of the order date.
This return is refunded on the basis of the tariff for a return by pre-paid Coliposte parcel of La Poste, by a purchase voucher valid for 3 months from its date of issue. Thereafter, the return costs are borne by the buyer. This applies only within the framework of the guarantee: any other return of equipment (item(s) incompatible with other equipment, 7-day withdrawal for example) does not entitle the buyer to a purchase voucher. When returning, the buyer must show the words "SA V", the return number communicated by the seller, directly on the parcel, and must also provide a copy of the invoice. Otherwise the returned parcel will be refused. Failing agreement, any returned goods will be held at the buyer's disposal at the buyer's cost, risk and peril, all transport, storage and handling costs being borne by the buyer. Applicable from 12 November 2003.
Article 7 — Right of withdrawal for private individuals
Under the conditions provided for by Article L. 221-18 of the French Consumer Code: the consumer has a period of fourteen days to exercise the right of withdrawal from a contract concluded at a distance, following telephone canvassing or off-premises, without having to give any reason and without bearing any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph runs from the day: 1° of the conclusion of the contract, for service provision contracts and those referred to in Article L. 221-4; 2° of receipt of the goods by the consumer or by a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise their right of withdrawal from the conclusion of the contract.
In the case of an order covering several goods delivered separately, or in the case of an order for goods made up of lots or multiple items whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last item. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
And in the context of distance selling, the consumer has a period of 14 days to exercise the right of withdrawal from a contract concluded at a distance, without having to give any reason, from delivery of the order, which will be refunded against return of the goods delivered.
In accordance with Council Regulation No. 1182/71/EEC of 3 June 1971 laying down the rules applicable to periods, dates and time limits: 1° the day on which the contract is concluded or the day of receipt of the goods is not counted in the period referred to in Article L. 221-18; 2° the period begins to run at the start of the first hour of the first day and ends at the expiry of the last hour of the last day of the period; 3° if that period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the first following working day.
The consumer exercises their right of withdrawal by informing the professional of their decision to withdraw by sending, before the expiry of the period provided for in Article L. 221-18, the withdrawal form referred to in 7° of Article L. 221-5 or any other unambiguous statement expressing their wish to withdraw.
The professional may also allow the consumer to complete and transmit online, on its website, the form or the statement referred to in the first paragraph. In that case, the professional communicates to the consumer, without delay, an acknowledgement of receipt of the withdrawal on a durable medium.
Where the right of withdrawal is exercised, the professional refunds the consumer all sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which it is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless it offers to collect the goods itself, the professional may defer the refund until the goods have been recovered or until the consumer has provided proof of dispatch of those goods, the date taken being that of the first of these events.
The professional makes this refund using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees that another means of payment be used and provided that the refund does not incur any cost for the consumer.
The professional is not obliged to reimburse the additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method of delivery offered by the professional.
The buyer must return the goods in their original condition and packaging. Any return of goods requires a return number, by calling 01.34.65.32.77. The goods are returned at the buyer's expense. The return and refund procedures are also set out on the Returns and refunds page.
Article 8 — Guarantee
The products are guaranteed by the manufacturer (failing which, by S.C.A.S.). The seller delivers goods in conformity with the contract and with the criteria set out in the following articles.
Article L. 217-3 — The seller is liable for defects of conformity existing at the time the goods are delivered within the meaning of Article L. 216-1, which appear within a period of two years from that delivery.
In the case of a contract for the sale of goods comprising digital elements: 1° where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not determine the duration of supply, the seller is liable for defects of conformity of that digital content or digital service which appear within a period of two years from delivery of the goods; 2° where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for defects of conformity of that digital content or digital service which appear during the period in which it is supplied under the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.
The seller is also liable, during the same periods, for defects of conformity resulting from the packaging, the assembly instructions, or the installation where the latter was placed at its charge by the contract or was carried out under its responsibility, or where the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.
This guarantee period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point for the limitation period of the consumer's action is the day on which the consumer becomes aware of the defect of conformity.
Article L. 217-4 — The goods are in conformity with the contract if, where appropriate, they meet the following criteria in particular: 1° they correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° they are fit for any special use sought by the consumer, brought to the seller's knowledge at the latest at the time of the conclusion of the contract and accepted by the seller; 3° they are delivered with all accessories and installation instructions to be supplied in accordance with the contract; 4° they are updated in accordance with the contract.
Article L. 217-5 — I. In addition to the criteria of conformity with the contract, the goods are in conformity if they meet the following criteria: 1° they are fit for the use normally expected of goods of the same type, taking into account, where appropriate, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned; 2° where appropriate, they possess the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract; 3° where appropriate, the digital elements they contain are supplied in the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise; 4° where appropriate, they are delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect; 5° where appropriate, they are supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19; 6° they correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II. However, the seller is not bound by all the public statements referred to in the preceding paragraph if it demonstrates: 1° that it did not know them and was not legitimately in a position to know them; 2° that at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or 3° that the public statements could not have influenced the purchasing decision.
III. The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which they were specifically informed that they departed from the criteria of conformity set out in this article, a departure to which they expressly and separately consented at the time of the conclusion of the contract.
Article L. 217-6 — Where, in connection with the contract, processing of personal data is carried out by the professional, a failure on its part to comply with the obligations incumbent on it under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, where that failure results in non-compliance with one or more of the conformity criteria set out in this section, is treated as a defect of conformity, without prejudice to the other remedies provided for by those texts.
Article L. 217-7 — Defects of conformity which appear within a period of twenty-four months from delivery of the goods, including goods comprising digital elements, are, in the absence of proof to the contrary, presumed to exist at the time of delivery, unless that presumption is incompatible with the nature of the goods or of the defect invoked. For second-hand goods, that period is set at twelve months. Where the contract for the sale of goods comprising digital elements provides for the continuous supply of digital content or a digital service, the defects of conformity which appear are presumed to exist at the time of delivery of the goods: 1° during a period of two years from delivery of the goods, where the contract provides for such supply for a period of two years or less or where the contract does not determine the duration of supply; 2° during the period in which the digital content or digital service is supplied under the contract, where the latter provides for such supply for a period of more than two years.
Article L. 221-5 — I. Prior to the conclusion of a contract for the sale of goods or the supply of services, digital content or digital services, the professional provides the consumer, in a legible and comprehensible manner, with the following information: 1° the essential characteristics of the goods, the service, the digital service or the digital content; 2° the price of the goods, the service, the digital service or the digital content, pursuant to Articles L. 112-1 to L. 112-4; 3° the date on which or the period within which the professional undertakes to deliver the goods or to supply the service, the digital service or the digital content; 4° information relating to its identity, its postal, telephone and electronic contact details, the arrangements for termination, the methods of dispute resolution, the other contractual conditions and, where applicable, the costs of using the remote communication technique, the existence of codes of good conduct and the financial guarantees; 5° where applicable, information relating to the legal guarantees, the functionalities, the compatibility and interoperability of the digital content, the digital service or the goods comprising digital elements, the other contractual conditions and, where applicable, the existence of any restriction on the installation of software; 6° the possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI; 7° where the right of withdrawal exists, the conditions, the period and the arrangements for exercising that right as well as the standard withdrawal form, the conditions of presentation of which and the particulars it contains are laid down by decree of the Council of State; 8° where applicable, the fact that the consumer bears the costs of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods where, by reason of their nature, they cannot normally be returned by post; 9° information on the consumer's obligation to pay costs when exercising their right of withdrawal from a contract for the provision of services, the distribution of water, the supply of gas or electricity and subscription to a district heating network whose performance they have expressly requested before the end of the withdrawal period; those costs are calculated in accordance with the arrangements laid down in Article L. 221-25; 10° where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, the information that the consumer does not have that right or, where applicable, the circumstances in which they lose it; 11° the application of a personalised price on the basis of automated decision-making, where applicable.
The list and content of this information are specified by decree of the Council of State. In the case of a public auction as defined by the first paragraph of Article L. 321-3 of the French Commercial Code, the information relating to the identity and the postal, telephone and electronic contact details of the professional provided for in 4° of I of this article may be replaced by those of the agent.
II. In addition to the information provided for in I, every professional, before the conclusion of a contract for the supply of services and, where there is no contract, before the performance of the service, provides the additional information provided for in Article L. 111-2.
Article 9 — Retention of title
Pursuant to the Law of 12 May 1980, the transfer of ownership of the goods delivered to the buyer will take place only after full payment of the price, both principal and ancillary, or the collection of accepted bills or other securities issued for the purpose of payment of the price. During the period from delivery to the transfer of ownership, the risks of loss, theft or destruction are borne by the seller until the buyer takes possession of those goods.
The buyer's non-performance of its payment obligations, for any reason whatsoever, gives the seller the right to demand the immediate return of the goods delivered at the buyer's cost, risk and peril. The buyer undertakes, in the event of insolvency proceedings affecting its business, to take an active part in drawing up an inventory of the goods in its stocks whose ownership the seller claims. Failing that, the seller has the option of having the inventory established by a bailiff at the buyer's expense.
The seller may prohibit the buyer from reselling, transforming or incorporating the goods in the event of late payment. To secure payments not yet made and in particular the balance of the buyer's account in the seller's books, it is expressly stipulated that the rights relating to goods delivered but unpaid will carry over to identical goods from the seller held in stock at the buyer's premises, without any need to allocate payments to a specific sale or delivery.
Article 10 — Termination clause
In the event of the buyer's failure to comply with any of its obligations, the sale will be terminated automatically and the goods will be returned to the seller if it sees fit, without prejudice to any damages that the seller might claim from the buyer, after a period of 48 hours following a formal notice which has remained without effect. In that case, the seller is entitled to claim from the buyer a lump-sum compensation of 10% of the amount of the sale.
Article 11 — Payment
Payments must be made in such a way that the seller can have the sums available on the due date. Unless there are special conditions expressly set out in writing or specific conditions granted to business customers after examination of their file, payments must be made by transfer on ordering, bank card, or by cheque on ordering or on receipt of the goods by carrier cash on delivery. The seller reserves the right to ask the buyer for a bank cheque where the sums involved are significant.
Where the seller accepts payment by bill of exchange, the buyer must return it accepted and domiciled within a period of eight days. The costs are borne by the buyer; failing return of the accepted bill within the period mentioned, the payment will become immediately due.
In the event of payment in instalments, expressly accepted by the seller, the non-payment of a single instalment at its due date will make the entire price immediately due, whatever the conditions previously agreed, even if the instalments have given rise to the drawing up of acceptable bills; the same will apply in the event of a sale, assignment, pledge or contribution to a company of its business by the buyer. The seller may withhold delivery of the goods concerned until the guarantee is provided.
Any payment after the fixed payment date could give rise to the invoicing of penalties without any prior formal notice to the buyer being necessary. The amount of these penalties would be at least equivalent to that resulting from the application of a rate equal to 1.5 times the statutory interest rate in force on the day the penalties are applied, without this clause excluding additional damages.
The buyer may never, on the ground of a complaint made by it, withhold all or part of the sums due by it, nor effect a set-off. Where the buyer is late in paying all or part of an instalment at its due date, the seller may, for that reason alone and without any need for prior formal notice, immediately suspend deliveries, without the buyer being able to claim damages from the seller. In the event of legal proceedings, the seller is entitled to claim from the buyer reimbursement of the costs of any kind related to the proceedings. For all payments made on the website, the seller reserves the right, in order to accept the sale, to ask the buyer to prove their identity and place of residence.
The details of the accepted means of payment and the securing of transactions (3D Secure) are set out on the Secure payment page.
Article 12 — Jurisdiction clause
All disputes relating to the formation, performance and termination of the contractual obligations between the parties which cannot be settled amicably will be submitted to the jurisdiction stipulated in Article R. 616-1: the consumer may bring the matter before either one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or the court of the place where they were residing at the time of the conclusion of the contract or of the occurrence of the damaging event.
Failing an amicable solution, the consumer may have free recourse to the consumer mediator: [to be completed].
Article 13 — Withdrawal form
In the context of orders placed on the website www.cotedco.com and on any other website of the S.C.A.S. group, the consumer has a right of withdrawal, the form for which, set out below, is to be returned to us completed at boutique@cotedco.com within the allotted period.
Standard withdrawal form:
- For the attention of S.C.A.S. — Cotedco.com — rue André Citroën — 78140 Vélizy-Villacoublay — boutique@cotedco.com
- I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
- Ordered on (*) / received on (*): …………………………………
- Name of the consumer(s): …………………………………
- Address of the consumer(s): …………………………………
- Signature of the consumer(s) (initials): …………………………………
- (*) choose your wording
Article 14 — Bloctel
In the context of orders placed on the website www.cotedco.com and on any other website of the S.C.A.S. group, orders are effective from the date of receipt of payment for cheques and from the date the buyer's account is debited for bank cards; except in the case of payment by cash on delivery: in that case only, the order confirmation on the website constitutes the definitive order (the buyer undertakes to pay the carrier the exact sum shown on the invoice); except where the order was placed after 3 p.m., in which case the order is effective only from the following day.
Once the order has been placed and payment made online by bank card, the buyer has one hour to cancel the order. If the cancellation occurs after that period, the seller undertakes to refund the buyer within 14 days — see Article L. 221-24 of the French Consumer Code. Orders sent directly by the buyer or transmitted by the seller's representative agents bind the seller only when they have been accepted in writing. When products are dispatched immediately, the seller's order confirmation may be replaced by an invoice.
All modifications to orders and all ancillary or derogatory conditions as to the subject matter and the arrangements of the sale are valid only insofar as they appear in the offer or the confirmation made by the seller. Any offer of sale is subject to available stocks. Any clause emanating from the buyer, not accepted in writing by the seller, which would be in opposition to these general terms and conditions or to particulars defined in the price offer will be deemed null and void.
See Article 13 for the withdrawal form.
Coté D'co, like the Cotedco.com website, is a commercial entity belonging to SENONAISE CENTRALE ACHAT SERVICES (S.C.A.S).