The APY site is exclusively for professionals with commercial or professional activities.
Article 1 - Presentation
The apy-groupe.com site is the property of APY Micro S.A.S, domiciled at 3 bis, rue René Cassin, 91300 MASSY.
(Share capital: €100,000 - R.C.S. NANTERRE B 418 240 796 – APE 2620Z – T.V.A. No. FR 25 418 243 796, SIRET 41824379600046).
These General Conditions of Sale (hereinafter "GTC") apply exclusively to all sales by apy-groupe.com of products or services provided on our sites dedicated to professionals with any natural or legal person acting in the context of their professional or commercial activity (hereinafter “Client”). All other conditions are binding on apy-groupe.com only after written confirmation from him.
Any document other than these T&Cs and in particular catalogues, advertisements, price lists, website, notes, has only informative and indicative value, not contractual and may, as such, be modified by apy-groupe.com without notice. The mere fact of placing an order or accepting an offer from apy-groupe.com therefore implies the unreserved acceptance of the GCS which prevail over all the general conditions of purchase, except with the express, prior and written derogatory agreement of apy-groupe.com.
The T&Cs may be modified at any time and without notice by apy-groupe.com, the modifications then only being applicable to all subsequent orders. The agent, employee, spouse, any family member or any other person acting for the Client will represent him and will be deemed to have the required mandate to engage him with apy-groupe.com/fr. If one of the clauses or provisions of these GCS were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply.
Article 2 - Order
Orders can be placed by Internet on our professional sites, by e-mail to the sales department, by fax (+33 (0)1 47 366 917), or by telephone. An order can only be taken into account upon return of our final and legible estimate without manual addition which could modify the total amount, with the mention "Good for Agreement", the name, the signature of the Customer, and the indication of the method of payment chosen.
For orders placed exclusively on the website, the customer must identify himself via his username and password. In the event of a first order on apy-groupe.com, the customer must create an account and enter surname, first name, postal and e-mail address, billing address and delivery address. This data will be kept in the apy-groupe.com database, but will not be disclosed to third-party companies. The customer undertakes to certify that this data is valid, and must, if apy-groupe.com/fr so requests, be able to prove his identity. He must also choose a unique identifier and a password, which will be asked of him during his next purchases. When you register the order by selecting a method of payment, the sale is deemed concluded (agreement on the goods and the price).
The order is automatically canceled if you fail to enter your bank details or agree to payment on the secure payment site. The order will only be processed after validation of the payment by apy-groupe.com. Orders sent to apy-groupe.com are irrevocable for the Customer upon validation of payment by apy-groupe.com. Any request to modify the composition or volume of an order placed by a Customer can only be taken into account if the order has not yet been processed by our computer system and if the request is made in writing (email to following address firstname.lastname@example.org or your usual adviser) and confirmed by our services.
In the event that the Customer places an order with apy-groupe.com, without having paid for the previous order(s), or in the event of a delay payment or overrun, apy-groupe.com may refuse to honor the order and deliver the goods concerned, without the Customer being able to claim any compensation.
apy-groupe.com cannot be held responsible for any damage caused to the Customer in the event of force majeure (delay in supply times, unavailability in the face of a breakdown).
French is t the only language offered for the conclusion of the contract.
Item 3 - Price
The seller price list does not constitute a sale. It can be modified unilaterally without prior notice. The goods are invoiced at the price agreed when placing the order, within the limit of the option period (set at 3 days in the case of an estimate) and general economic conditions (taxes, exchange rates, etc.) at the time of delivery. Beyond the option period, it is up to the Customer to approach our services in order to establish a new quote.
In the case of products indexed to a currency: any variation of more than 2% to the detriment of apy-groupe.com/fr, of the price of the currency against the euro defined on the day of the offer, will be reflected on the day of invoicing. All prices are net in euros, VAT and all other taxes, transport costs and freight insurance not included, ex apy-groupe.com/fr warehouse. Prices are given subject to typographical error. Any tax, fee, duty or other benefit to be paid in application of French regulations, or those of an importing country or a transit country are the responsibility of the purchaser. The prices offered include the discounts and rebates that apy-groupe.com/fr may grant taking into account its results or the assumption by the Customer of certain services. No discount will be granted in the event of early payment. apy-groupe.com does not manage any remainder, unless written acceptance from us.
Article 4 - Payment
Any payment made to apy-groupe.com cannot be considered as a deposit.
Except for specific conditions expressly written or specific conditions granted to the Customer after study of his file, payments must be made by bank transfer when ordering, bank card when ordering or upon receipt of the equipment in cash on delivery carrier (whose costs are borne by the Customer). No cash payment will be accepted.
apy-groupe.com reserves the right to ask the Customer for a cashier's check if the sums involved are significant. In the event that apy-groupe.com accepts payment by draft, the Customer must return it accepted and domiciled within eight days; The costs are the responsibility of the Customer, in the absence of return of the accepted draft within the period mentioned, the payment will become immediately due. In case of credit, it can be used for 1 year from its date of establishment, beyond this period it is neither refundable nor chargeable to an invoice. In the event of installment payment, expressly accepted by apy-groupe.com, non-payment of a single installment at its term will immediately make the full price payable, regardless of the conditions previously agreed, even if the installments have given result in the establishment of acceptable drafts; the same will apply in the event of sale, assignment, pledge or contribution of its business by the Customer.
apy-groupe.com may withhold delivery of the goods concerned until the representation of the payment guarantee. In the event of an outstanding amount, this will only be accepted from a monthly order of €3,000 excluding VAT and within the limit of your outstanding amount. All the orders that we accept are, given that the Customer presents sufficient financial guarantees and that he will effectively pay the sums due when they fall due. In the event of refusal by the Customer of cash payment, without any sufficient guarantee being offered by the latter, apy-groupe.com may refuse to honor the order(s) placed and to deliver the goods concerned, without the Customer being able to argue an unjustified refusal to sell, or claim any compensation.
For any new Customer, the first order must be accompanied by a Kbis extract less than three months old, in order to open an account. In accordance with Article L. 441-6 of the Commercial Code, late payment penalties are due in the absence of payment on the day following the date of payment which appears on the invoice, without this clause excluding additional damages. . The interest rate for these late penalties is five times the legal interest rate.
The Customer may never, on the grounds of a complaint made by him, retain all or part of the sums owed by him, nor operate compensation. When the Customer is in arrears with total or partial payment of a due date, apy-groupe.com may by this sole fact and without the need for prior formal notice, immediately ssuspend deliveries, without the Customer being able to claim damages from apy-groupe.com/fr. In the event of appeal through litigation, apy-groupe.com is entitled to claim reimbursement from the Customer for costs of any kind related to the prosecution and any invoice will be increased as a non-reducible penalty clause within the meaning of the 1229 of the Civil Code, compensation fixed at a flat rate of 10% of the amount claimed.
We accept payment by bank transfer for all orders. Please note that equipment cannot be reserved until payment has been received. If you want to be delivered as quickly as possible and then reserve the equipment in stock, we recommend payment by credit card.
Here are our bank details to make your transfer :
Bank: KOLB (Credit du Nord)
IBAN: FR76 1325 9023 2013 4067 0020 038 - BIC: KOLBFR21
|My order is invoiced in Euros (EUR)|
Bank: BP RIVES DE PARIS
|Important: Specify your order number in the description of the operation|
|Our account in Euros (EUR) being domiciled in France, our customers using an account outside the euro zone </span >are invited to establish an international transfer.|
I am making a transfer from an account located in the euro zone Ai do I have to bear any special fees?
Your bank can only charge the standard rate for a transfer (often free if it is made online, from your bank account, and it rarely exceeds a few euros at the counter). For our customers holding a bank account from a eurozone member country, no additional fees may be required because it is an international transfer.
How long does it take for my transfer to go through?
Transfers usually reach us within 2 to 4 days open. We will validate this payment D+1 after its reception (working days): we systematically confirm it by email. 3 to 5 days are therefore generally necessary for the order to be validated after the transfer has been sent.
For all your credit card payments, the transaction is secured by SSL encryption technology. All your payment details are encrypted from your computer to the bank's server. This information remains confidential and cannot be seen or used without your knowledge.
< br />
The credit card is debited as soon as the order is validated by the 3D secure system.
Virtual bank card
In order to secure your online purchases, some banks allow you to generate numbers single-use virtual bank cards for a given amount. We are of course happy to accept payments in this way. However, virtual bank card numbers have a limited validity.
If you pay for your order in installments, you accept the Alma Customer Terms & Conditions. as well as special Alma conditions for APY Micro customers.
Article 5 - Delivery and transport
Risks and transport
The material is always considered as sold, received and accepted in the establishments of apy-groupe.com/fr. The risks and perils of transport (in particular loss, deterioration or theft) are the responsibility of the Customer. It is up to the Customer, in the event of damage to the goods delivered or missing goods, to make all the necessary reservations with the carrier. Any product that has not been the subject of reservations on the transport documents and reasoned protests by registered letter with A/R within 3 days of its receipt from the carrier, in accordance with article L. 133-3 of the commercial code, a copy of which will be sent simultaneously to apy-groupe.com/fr, will be considered accepted by the Customer. The responsibility of apy-groupe.com can in no case be called into question for facts during transport, destruction, damage, loss, or theft, even if it has chosen the carrier.
Delivery is made by direct delivery of the goods to the Customer, by sending a notice of availability in store to the attention of the Customer, by handing over the goods to a carrier , or at the place indicated by the Customer on the order form.
In case of absence during delivery, a second presentation, at the expense of the Customer, is made by the carrier or his representative; in the event of failure to collect at the indicated collection location, the equipment is generally returned to apy-groupe.com, which reserves the right to dispose of the unclaimed equipment and to postpone to a later date the execution of the order left in suffering by the Customer on other materials.
Delivery takes place in mainland France, Belgium, Luxembourg, Switzerland. If you live in a country other than those mentioned above, please contact us at +33(0)1 60 92 92 92. Shipping costs remain the responsibility of the customer, and may increase depending on the delivery distance.
Delivery in the DOM-TOM
APY EUROPE also delivers to overseas territories
- Your order will be invoiced excluding tax
- Your order will be shipped by Colissimo Overseas orClassic Chronopost or any other carrier allowing us to deliver to you. This choice of carrier will be made during the ordering process*
- Your order will be subject to the collection of dock dues** by the local customs services
- You will have to pay these taxes** and customs clearance** directly to customs and the carrier
Delivery times are given for information only; They depend in particular on the availability of products from our suppliers and carriers. apy-groupe strives to respect the delivery times indicated according to the reference logistics time in the profession. Even in the event of written acceptance of firm deadlines, apy-groupe is automatically released from any commitment relating to deadlines in the following cases: technical hazards, failure of apy-groupe's suppliers, out of stock, failure of the carrier, force major ure, fortuitous event, inaccuracy or lack of information to be provided by the Customer, delayed deadline at the Customer's request, absence of payment or incomplete payment, delays related to customs formalities. If apy-groupe is unable to provide the product ordered, we will inform you and we will offer you the delivery of an equivalent product or a credit for the value of the unavailable product.
On receipt of the goods, the Customer must immediately check their condition and their conformity with the contract, in the presence of the carrier. Without prejudice to the arrangements to be made vis-à-vis the carrier, in the event of apparent defects or missing products, any complaint, whatever its nature, relating to the delivered products, will not be accepted by dev.apy-groupe .com only if it is made in writing within 3 days of delivery of the products. It is up to the Customer to provide all the justifications as to the reality of the defects or missing items noted. In this case, the Customer may request the replacement of non-compliant items and/or the addition to be made to fill the missing items at the expense of apy-groupe.com/fr without the Customer being able to claim any compensation or compensation. 'cancellation of the order. The receipt without reservation of the products ordered covers any visible or missing defect. The complaint made by the Customer under the conditions and according to the methods described by this article does not suspend the payment by the Customer of the goods concerned.
Article 6 - Complaints
All complaints, whatever their nature, relating to a defect in the goods delivered, an inaccuracy in the quantities, an apparent defect, a shortage, an erroneous reference compared to the accepted offer or confirmation of the order by apy-groupe.com, must be made in writing (to the Technical Department or to your usual contact) within 3 days of receipt of the goods, without neglecting recourse against the carrier, failing which the right to claim will cease to be acquired. It is up to the Customer to provide all the justifications as to the reality of this complaint. The Customer must allow apy-groupe.com to carry out all on-site verification operations relating to complaints.
Article 7 - Return procedure
The labels stuck on all the parts are essential for the guarantee. The packaging must be kept in perfect condition. In the opposite case, the Customer cannot benefit from his right to claim and must pay the sum of €35 excluding tax to cover the packaging costs of the parts whose original packaging would have disappeared or would have been too damaged.</ p>
Any return of goods requires the prior agreement of apy-groupe.com/fr and a return number. The Customer will receive a return agreement by the means deemed most appropriate by apy-groupe.com.
Custom configurations (workstation, computing server, storage server under the APY brand) do not benefit from the right of withdrawal for 14 days in accordance with the consumer code.
After obtaining the return agreement, the Customer has a period of 14 days to return the defective goods to apy-groupe.com; Failing compliance with these stipulations, the returned package will be refused. The return of the goods is carried out at the Customer's expense. On the other hand, the return costs once the after-sales service has been carried out are the responsibility of apy-groupe.com. In the absence of agreement concerning the return of goods, any returned goods will be held at the disposal of the buyer at his expense, risk and peril, all transport, storage and handling costs being borne by the Customer.
Article 8 - Warranty and after-sales service
Manufacturer's warranty –
For products with a specific manufacturer's warranty (support of the warranty directly by the manufacturer, or on-site warranty, or specific warranty extension), the Customer must contact the manufacturer directly, without going through apy-groupe.com/fr, which does not provide any contractual guarantee as to these products subject to the article
APY groupe will refuse any return of goods in this context and cannot be held responsible for any failure of the manufacturer under this guarantee.
Commercial guarantee –
In the absence of a manufacturer's warranty, the products sold are guaranteed for parts and labor, didirectly by apy-groupe.com/fr against any material or manufacturing defect for a period of 12 months from the date of invoice, except in the case of specific conditions expressly notified; apy-groupe.com is only bound by an obligation of means within the framework of this guarantee. In the event of immobilization of the product, the guarantee will be extended by the time of immobilization of the latter, in the event that this immobilization is greater than 7 days. This period will begin to run from the date of receipt of the product by APYStore.fr. This warranty is limited to the repair and replacement of goods recognized as defective by apy-groupe.com/fr, taking into account the use that has been made of them and this at the free choice of apy-groupe.com /Fr ; The warranty therefore does not cover labor costs, nor those resulting from disassembly, reassembly and transport operations, except in the case of standard exchange.
The apy-groupe.com/fr after-sales service can only operate within the framework of the apy-groupe.com guarantee or the legal guarantee. Items with a unit value of less than €25 excluding tax are only guaranteed for a period of 6 months from the date of the invoice. Software, books, cartridges and storage media (CD, DVD, etc.), video games, consumables are not guaranteed by apy-groupe.com. Batteries, LCD monitors, laptop screens are guaranteed within the limits of the Manufacturer's warranty.
Legal guarantee –
Under the guarantee of hidden defects or non-compliance, apy-groupe.com will only be liable for the replacement free of charge or the repair of defective goods without the Customer being able to claim damages for any reason whatsoever. Our guarantee only applies to products which have regularly become the property of the Customer and which are entirely manufactured by apy-groupe.com/fr. It is excluded when our products have been used under unforeseen conditions of use or performance. This warranty only covers hidden defects; our customers being professionals, the hidden defect is understood as a defect in the production of the product rendering it unsuitable for its use and not likely to be detected by the Customer. A design defect is not a hidden defect and our Customers are deemed to have received all the technical information relating to our products.
This warranty is limited to the first 6 months of use. Our guarantee ceases automatically at the end of this period and when our Customer has not informed us of the alleged defect within twenty clear days of its discovery. The burden of proof of the date of use of our products and the day of discovery of the defect lies with the Customer. Finally, apy-groupe.com will not be bound by any guarantee of eviction by third parties.
apy-groupe.com can in no way be held responsible for the loss or alteration of data or programs present on the equipment or media (floppy disks, hard disks, etc.) are returned for a technical intervention, whether the products are under warranty or not. apy-groupe.com/fr only undertakes to ensure the replacement of defective parts and the repair of damage to the goods supplied to the Customer by it. If the equipment cannot be replaced by identical equipment, the Customer will be offered equivalent or superior equipment. In the latter case, the Customer will have to pay any price difference. Subject to mandatory legal provisions, the liability of apy-groupe.com is strictly limited to the obligations defined in these conditions or, where applicable, the express conditions.
apy-groupe.com cannot under any circumstances be held liable for material and immaterial damage that may occur during troubleshooting. apy-groupe.com/fr cannot be held liable under the warranty for breakdowns or damage resulting directly or indirectly in the following cases: any unprotected or prolonged storage, any negligence, connection or handling error, maintenance and use of equipment that does not comply with the technical specifications of the seller or the manufacturer or, more generally, defective or clumsy use, any addition of a complementary device or accessory to the equipment or use of any parts necessary for the operation of the equipment not conform to the technical specifications of the seller or manufacturer, any modification or mechanical, electronic, electrical or other transformation made to the equipment or its connection devices by any third party.
In case of bankruptcy or impossibility of supply of the manufacturer, the Customer cannot turn against apy-groupe.com/fr, which will not assume any responsibility in terms of guarantee on the products of this manufacturer. apy-groupe.com/fr declines all responsibility for damage resulting from a defect in a product or repaired by apy-groupe.com within a reasonable time.
Article 9 - Retention of title
The transfer of ownership of the goods delivered to the Customer will only take place after full payment of the principal and incidental price or the collection of the accepted drafts or other securities issued for the purposes of payment of the price, even if payment terms are granted. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten. The Customer undertakes, in the event of a receivership procedure affecting his company, to actively participate in the establishment of an inventory of the goods in his stocks and of which apy-groupe.com:fr claims the property. Failing this, apy-groupe.com has the option of having the inventory recorded by a bailiff at the Customer's expense.
apy-groupe.com/fr may prohibit the Customer from reselling, processing or incorporating the goods in the event of late payment. To guarantee the payments not yet made and in particular the balance of the Customer's account in the writings of apy-groupe.com/fr it is expressly stipulated that the rights relating to the goods delivered but unpaid will refer to the identical goods coming from apy-groupe.com/fr in stock with the Customer, without the need to allocate payments to a specific sale or delivery. As of delivery, the Customer is the depositary and custodian of said goods.
Article 10 - Cancellation clause
In the event of non-payment and unless we prefer to request full execution of the sale, we reserve the right to terminate the sale after formal notice, which has remained without effect under a within 48 hours, and to claim the delivered goods, the return costs remaining the responsibility of the buyer and the payments made being acquired by us as a penalty clause, without prejudice to any damages and interests that dev.apy-group. com could assert against the Client.
Article 11 - Liability
Subject to mandatory legal provisions, the total and cumulative liability of apy-groupe.com, whatever the cause, is limited to the amount paid by the Customer to dev.apy- groupe.com for the order in question. Under no circumstances will apy-groupe.com be entitled to compensation for indirect and/or immaterial or moral damages, namely in particular financial or commercial damages such as loss of profit, loss of order, loss exploitation, loss of data, loss of earnings, damage to image, interruption of service, as well as damages of the same nature resulting from a claim action directed against apy-groupe.com by the Customer because damage suffered by a third party. Furthermore, apy-groupe.com cannot be held liable in the event of the occurrence of any damage to the Customer's data, the latter having to back them up at their own expense. This data will in no case be reimplemented by apy-groupe.com on the equipment in the event of loss. In any event, apy-groupe.com/fr is released from all liability and cannot be held liable for compensation in cases of force majeure.
Article 12 - Attribution clause and jurisdiction and applicable law
In the event of a dispute, the customer should first contact apy-groupe.com by contacting our sales department, in order to obtain an amicable solution. Any dispute relating to the formation, performance and termination of contractual obligations between the parties that cannot reach an amicable settlement, will be subject to the jurisdiction of the Commercial Court of NANTERRE in the jurisdiction of which the headquarters of apy-groupe.com, whatever the conditions of sale, the place of order or delivery, and the method of payment accepted, even in the event of a warranty claim or multiple defendants, the seller reserving the right to seize the Court having territorial jurisdiction to which the Customer's head office belongs. The attribution of competence is general and applies, whether it is a main request, an incidental request, an action on the merits or a summary. In addition, in the event of legal action or any other action covering payment of debts by apy-groupe.com/fr, the costs of summons, justice, as well as lawyers' and bailiff's fees, and all related costs will be borne by the Client at fault, as well as the costs related to or arising from the Customer's non-compliance with the payment or delivery conditions of the order in question. The present contract is regulated by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. The fact that apy-groupe.com does not avail itself at a given time of any of the clauses hereof cannot be considered as a waiver of the right to avail itself of these same clauses at a later date.
Article 13 - DATA PROTECTION AND FREEDOMS
The data collected is used to perform operations relating to the management of Customers, unpaid bills
and disputes, the development of commercial statistics, prospecting and promotional operations, management of reviews. The legal bases of this data processing are respectively the execution of the contract, the legitimate interest, the consent. The recipients are the services of Our Company, its subcontractors, the authorities and legal assistants legally authorized to receive communication. The data is kept for the time necessary to achieve the aforementioned purposes, and in accordance with the legal retention rules applicable in commercial matters. The Customer has a right of access, rectification, portability and deletion, opposition, withdrawal of consent, limitation of the processing of data concerning him, to lodge a complaint with the supervisory authorities. For more information or to exercise your rights, write to email@example.com or 3 bis rue René Cassin - 91300 Massy - France