The APY site is exclusively reserved for professionals with commercial or professional activities. 

Article 1 - Presentation

The apy-groupe.com site is the property of the company 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 – VAT number FR 25 418 243 796, SIRET 41824379600046 ).

These General Conditions of Sale (hereinafter “CGV”) apply exclusively to all sales by apy-groupe.com of products or services made on our sites dedicated to professionals to any natural or legal person acting within the framework of their professional or commercial activity (hereinafter “Customer”). All other conditions are binding on apy-groupe.com only after written confirmation from it.

Any document other than these General Conditions of Sale and in particular catalogs, advertisements, price lists, website, notes, has only an informative and indicative, non-contractual value 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 unreserved acceptance of the General Terms and Conditions which prevail over all general conditions of purchase, unless otherwise expressly agreed in advance and in writing by apy-groupe.com.

The General Terms and Conditions may be modified at any time and without notice by apy-groupe.com, the modifications then being applicable only to all subsequent orders. The employee, collaborator, spouse, any family member or any other person acting for the Client will represent him and will be assumed to have the mandate required to engage him with apy-groupe.com/fr. If one of the clauses or provisions of these General Terms and Conditions 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 online on our professional sites, by email from the sales department, or by telephone.An order can only be taken into account upon return of our final and legible quote 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 all orders placed off-site, the payment conditions are 30% on the order by bank transfer for existing customers already in our database (provided that there are no late payments or unpaid), and for new customers on the first order, the payment will be 100% on the order by bank transfer. No goods can be delivered without these conditions.

For orders placed exclusively on the website, the customer must identify themselves via their username and password. In the case of a first order on apy-groupe.com, the customer must create an account and provide name, 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 requested by apy-groupe.com/fr, be able to prove his identity. He must also choose a unique identifier and a password, which will be requested during his next purchases. When you register the order by selecting a payment method, the sale is deemed concluded (agreement on the goods and the price).

The order is automatically canceled if you do not enter your bank details or agree to payment on the secure payment site. The order will only be processed after payment has been validated by apy-groupe.com. Orders transmitted 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 the following address contact-web@apy-groupe.com or to your usual advisor) 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 late payment or exceeding the outstanding amount, 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 event of a breakdown).

French is the only language proposed for the conclusion of the contract.

Article 3 - Price

The list of seller prices does not constitute a sale. It can be modified unilaterally without prior information. The goods are invoiced at the price agreed when placing the order, within the limit of the option period (set at 24 hours in the case of a quote) and the general economic conditions (taxes, exchange rate, etc.) at the time of delivery. Beyond the option period, it is up to the Customer to contact 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 disadvantage of apy-groupe.com/fr, in the rate of the currency in relation to the euro defined on the day of the offer, will be passed on 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 errors. Any tax, duty, duty or other service 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 proposed prices include discounts and rebates that apy-groupe.com/fr would be required to grant taking into account its results or the payment by the Client of certain services. No discount will be granted in the event of early payment. apy-groupe.com does not manage any remaining balances, unless we accept them in writing.

Article 4 - Payment

Any payment paid to apy-groupe.com cannot be considered as a deposit.

Unless expressly written special conditions or specific conditions granted to the Customer after study of his file, payments must be made by transfer upon ordering, bank card upon ordering or upon receipt of the material by carrier counter-reimbursement (the costs of which are the responsibility of the Customer). No cash payment will be accepted.

apy-groupe.com reserves the right to request a bank check from the Client in the event that the sums involved are large. 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 mentioned period, payment will become immediately due. If you have a credit, it can be used for 1 year from its date of issue; beyond this period it is neither refundable nor chargeable on an invoice. In the event of payment by installments, expressly accepted by apy-groupe.com, non-payment of a single installment at the due date will make the entire price immediately payable, regardless of the conditions previously agreed upon even if the installments have given rise to the establishment of acceptable drafts; the same will apply in the event of sale, transfer, pledging or contribution to a company of its business assets by the Customer.

apy-groupe.com may withhold delivery of the goods concerned until payment is guaranteed. In the event of an outstanding amount, this will only be accepted from a monthly order of €3,000 excluding tax and within the authorization limit of your outstanding amount. All orders that we accept are so, taking into account the fact that the Customer presents sufficient financial guarantees and that he will actually pay the amounts due when due. In the event of refusal by the Customer to pay in cash, without any sufficient guarantee being offered by the latter, apy-groupe.com may refuse to honor the order(s) placed and deliver the goods concerned, without the Customer being able to argue for an unjustified refusal of sale, 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 the day following the payment date appearing on the invoice, without this clause excluding additional damages. The interest rate for these late payment penalties is five times the legal interest rate.

The Customer may never, on the grounds of a complaint made by him, withhold all or part of the sums owed by him, nor provide compensation. When the Customer is in total or partial late payment of a due date, apy-groupe.com may for this reason alone and without the need for prior notice, immediately suspend deliveries, without the Customer being able to claim damages from apy-groupe.com/fr. In the event of litigation, apy-groupe.com is entitled to claim from the Client reimbursement of costs of all kinds linked to the proceedings and any invoice will be increased, as a non-reducible penalty clause within the meaning of article 1229 of the civil code, by compensation fixed at a flat rate of 10% of the amount claimed.

For all orders placed off-site, the payment conditions are 30% upon ordering by bank transfer for existing customers already in our database, and for new customers upon the first order, payment will be 100% upon ordering by bank transfer. No goods can be delivered without these conditions.

Bank transfer:

We accept payment by transfer for all orders. Please note that equipment cannot be reserved before payment has been received. If you wish to be delivered as quickly as possible and then have the equipment in stock reserved, we recommend payment by credit card on our website so that processing is faster.

I am making a transfer from an account located in the euro zone Do I have any special costs to bear?
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 with a bank account from a Eurozone member country, no additional fees may be required due to the fact that it is an international transfer.

How long does it take for my transfer to be taken into account?
Transfers generally reach us within 2 to 4 working days. We will validate this payment D+1 after its receipt (working days): we systematically confirm it by email. 3 to 5 days are therefore generally necessary for the order to be validated after sending the transfer.

Bank card:

Our site is secure and:

For all your bank 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.

The debit of the bank card is carried out upon validation of the order by the 3D secure system.

Virtual bank card

In order to secure your online purchases, some banking establishments allow you to generate single-use virtual bank card numbers for a given amount. We are of course happy to accept payments this way. Virtual bank card numbers, however, have limited validity. Unlike other types of payment by credit card, the debit will be made upon ordering.

Article 5 - Delivery and transport

Risks and transport

The material is still considered sold, received and accepted in the establishments of apy-groupe.com/fr. The risks and perils of transport (in particular loss, damage or theft) are the responsibility of the Customer. It is up to the Customer, in the event of damage to the delivered goods or missing goods, to make all necessary reservations with the carrier. Any product which has not been the subject of reservations on the transport documents and reasoned protests by registered letter with return receipt within 3 days of its receipt from the carrier, in accordance with article L. 133-3 of the commercial code, and 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 cannot under any circumstances be called into question for facts during transport, destruction, damage, loss, or theft, even if it has chosen the carrier.

Delivery locations

Delivery is made by direct delivery of the goods to the Customer, by sending a notice of availability in store to the Customer's attention, by handing over the goods to a carrier, or to the place indicated by the Customer on the order form.

In the event of absence during delivery, a second presentation, at the Customer's expense, is made by the carrier or its representative; in the event of failure to collect from the indicated collection point, the equipment is generally returned to apy-groupe.com which reserves the right to dispose of the unclaimed equipment and to postpone the execution of the order left outstanding by the Customer for other equipment to a later date.

Delivery takes place in mainland France and throughout Europe. If you reside 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 French Overseas Territories

Delivery times

Delivery times are given for informational purposes 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 majeure, fortuitous event, inaccuracy or lack of information to be provided by the Client, deadline deferred at the Client's request, lack of payment or incomplete payment, delays linked to customs formalities. If apy-groupe is not able 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.

Reception

Upon receipt of the goods, the Customer must immediately check their condition and compliance with the contract, in the presence of the carrier. Without prejudice to the arrangements to be made with the carrier, in the event of apparent defects or missing products, any complaint, whatever its nature, relating to the products delivered, will only be accepted by apy-groupe.com if it is made in writing within 3 days following delivery of the products. It is up to the Customer to provide all justification 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 gaps at the expense of apy-groupe.com/fr without the Customer being able to claim any compensation or cancellation of the order. Unreserved receipt of the ordered products covers any apparent or missing defect. The complaint made by the Customer under the conditions and according to the methods described in this article does not suspend payment by the Customer for 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 missing item, an incorrect reference in relation to the accepted offer or the 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 following receipt of the goods, without neglecting recourse against the carrier, failing which the right to complaint will cease. to be acquired. It is up to the Customer to provide all justification as to the reality of this complaint. The Client 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. Packaging must be kept in perfect condition. Otherwise, the Customer cannot benefit from his right to complain and must pay the sum of €35 excluding VAT to cover the costs of packaging parts whose original packaging has disappeared or been too damaged.

Any return of merchandise requires the prior agreement of apy-groupe.com/fr and a returns number. The Customer will receive a return agreement by the means deemed most appropriate by apy-groupe.com.

Customized configurations (workstation, calculation 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 7 days to return defective goods to apy-groupe.com; Failure to comply with these stipulations will result in the returned package being refused. The return of goods is carried out at the Customer's expense. However, the return costs once the after-sales service has been carried out are the responsibility of apy-groupe.com.In the absence of agreement regarding the return of goods, any returned goods will be made available to the buyer at their expense, risk and peril, all transport, storage and handling costs being the responsibility of the Customer.

Article 8 - Warranty and after-sales service

Manufacturer’s warranty –

For products with a specific manufacturer's warranty (handling 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 for 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, directly by apy-groupe.com/fr against any material or manufacturing defect for a period of 12 months from the invoice date, unless special conditions are expressly indicated; 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 warranty will be extended for the period of immobilization of the product, in the event that this immobilization is more than 7 days. This period will begin to run from the date of receipt of the product by APY. This guarantee is limited to the repair, replacement of goods recognized as defective by apy-groupe.com/fr, taking into account the use 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 be used 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 time limits of the Manufacturer's warranty.

Legal guarantee –

Under the guarantee of hidden defects or non-conformity, apy-groupe.com will only be required to replace free of charge or repair 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 in unforeseen conditions of use or performance. This guarantee only concerns hidden defects; our customers being professionals, the hidden defect is understood as a defect in the production of the product making it unfit 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 technical information relating to our products.

This warranty is limited to the first 6 months of use. Our warranty automatically ceases at the end of this period and as soon as our Customer has not notified us of the alleged defect within twenty clear days from its discovery. The burden of proof of the date of use of our products and the day of discovery of the defect rests with the Customer. Finally, apy-groupe.com will not be held to any guarantee of eviction by third parties.

Exclusion of warranty –

apy-groupe.com cannot under any circumstances be held responsible for the loss or alteration of data or programs present on hardware or media (floppy disks, hard drives, etc.) which are returned for 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, to the express conditions.

apy-groupe.com cannot under any circumstances be held responsible for material or immaterial damage that may occur during troubleshooting. apy-groupe.com/fr cannot be held responsible under the guarantee for breakdowns or damage resulting directly or indirectly in the following cases: any unprotected or prolonged storage, any negligence, error in connection or handling, maintenance and use of equipment not in conformity with the technical specifications of the seller or manufacturer or, more generally, defective or clumsy use, any addition of complementary device or accessory to the equipment or use of any parts necessary for the operation of the equipment not in conformity with 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 the event of bankruptcy or inability to supply the manufacturer, the Customer cannot turn against apy-groupe.com/fr, which will not assume any responsibility in terms of warranty on the products of this manufacturer. apy-groupe.com/fr declines all liability for damage resulting from a defect in a product or repaired by apy-groupe.com within a reasonable time.

Article 9 - Reservation of title

The transfer of ownership of the goods delivered to the Customer will only take place after full payment of the price in principal and accessories or the collection of accepted drafts or other securities issued for the purpose of payment of the price, even in the event of granting of payment deadlines. 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 legal recovery procedure affecting his business, to actively participate in establishing an inventory of the goods in his stocks and of which apy-groupe.com:fr claims ownership. Failing that, 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 payments not yet made and in particular the balance of the Customer's account in the records of apy-groupe.com/fr it is expressly stipulated that the rights relating to goods delivered but unpaid will apply to identical goods from apy-groupe.com/fr in stock with the Customer, without there being any need to deduct payments from a specific sale or delivery. From delivery, the Customer is the depositary and guardian of said goods.

Article 10 - Termination clause

In the event of non-payment and unless we prefer to request full and complete execution of the sale, we reserve the right to terminate the sale after formal notice, which remains without effect within a period of 48 hours, and to claim the goods delivered, 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 interest that apy-groupe.com could assert against towards the Customer.

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 apy-groupe.com for the order concerned. Under no circumstances will apy-groupe.com be entitled to compensation for indirect and/or immaterial or moral damage, namely financial or commercial damage such as loss of profit, loss of order, operating loss, loss of data, loss of profit, damage to image, interruption of service, as well as damage of the same nature resulting from a claim action taken against apy-groupe.com by the Customer due to damage suffered by a third party. Furthermore, apy-groupe.com cannot be held liable in the event of any damage to the Customer's data, the latter having to save it at its own expense.This data will under no circumstances be re-installed 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 will first contact apy-groupe.com by contacting our sales department, in order to obtain an amicable solution. Any dispute relating to the formation, execution and termination of contractual obligations between the parties unable to reach an amicable settlement, will be subject to the jurisdiction of the Commercial Court of Evry in whose jurisdiction the headquarters of apy-groupe.com is located, regardless of 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 refer the matter to the Court. territorially competent jurisdiction of the Client's headquarters. The attribution of jurisdiction is general and applies whether it is a main request, an incidental request, an action on the merits or an interim application. In addition, in the event of legal action or any other debt recovery action by apy-groupe.com/fr, summons and court costs, as well as lawyer and bailiff fees, and all ancillary costs will be the responsibility of the offending Customer, as well as costs linked to or arising from non-compliance by the Customer with the payment or delivery conditions of the order in question. This contract is governed 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 take advantage of any of the clauses herein at a given time cannot constitute a waiver of the right to take advantage of these same clauses at a later date.

Article 13 - COMPUTING AND FREEDOMS

The data collected makes it possible to carry out operations relating to the management of Customers, unpaid
and disputes, the development of commercial statistics, prospecting and promotional operations, and the management of reviews. The legal bases for this data processing are respectively the execution of the contract, legitimate interest, consent. The recipients are the services of Our Company, its subcontractors, the authorities and legal officers 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 benefits from a right of access, rectification, portability and erasure, opposition, withdrawal of consent, limitation of the processing of data concerning him, and the right to lodge a complaint with the supervisory authorities. To find out more or exercise your rights, write to contact-web@apy-groupe.com or to 3 bis rue René Cassin - 91300 Massy - France