Terms of use

Article 1 - Presentation
The site apy-groupe.com/fr is the property of the company APY Micro S.A.R.L. domiciled 3 bis, rue René Cassin, 91300 MASSY.
(Share capital: € 100,000 - R.C.S. NANTERRE B 418 240 796 - APE 2620Z - No. T.V.A. FR 25 418 243 796, SIRET 41824379600046).

These General Conditions of Sale (hereinafter "GTC") apply exclusively to all sales of apy-groupe.com/en products or services provided on our sites dedicated to professionals to any individual or legal entity acting within the scope of his professional or commercial activity (hereinafter "Client"). All other conditions are binding on apy-groupe.com only after written confirmation.

Any other document than these Terms and including catalogs, advertisements, price lists, website, notes, is only informative and indicative, not contractual and may, as such, be modified by apy-groupe.com without notice. The mere act of placing an order or accepting an offer from apy-groupe.com therefore entails the unconditional acceptance of the GTCS which prevails over all the general terms and conditions of purchase, except for express, prior and written derogatory agreement of apy-groupe.com/fr.

The Terms and Conditions may be modified at any time and without notice by apy-groupe.com, the changes being applicable only to all subsequent orders. The employee, the collaborator, the spouse, any family member or any other person acting for the Client will represent it and will be supposed to have the necessary mandate to engage it with apy-groupe.com/fr/fr. If any of the clauses or provisions of these GTCS were to be annulled or declared illegal by a final court decision, this nullity or illegality will not affect the other clauses and provisions, which will continue to apply.

Article 2 - Order
Orders can be placed via the Internet on our business sites, by e-mail to the sales department, by fax (+33 (0) 1 47 366 917), or by telephone. An order can not be taken into account until the return of our definitive 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 the chosen method of payment.

For orders placed exclusively on the website, the customer must identify himself via his username and password. In case of first order on apy-groupe.com/fr, the customer must create an account and fill in surname, first name, postal address and e-mail, billing address and delivery address. These data will be stored in the database of apy-groupe.com, but will not be disclosed to third parties. The customer undertakes to certify that these data are valid, and will if apy-groupe.com / the request, to justify his identity. He must also choose a unique identifier and a password, which will be asked 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 payment agreement on the secure payment website. The order will only be processed after validation of the payment by apy-groupe.com. The orders transmitted to apy-groupe.com are irrevocable for the Customer as soon as the payment is confirmed by apy-groupe.com. Any request to change the composition or volume of an order placed by a Customer can be taken into account only if the order is not yet processed by our computer system and if the request is made in writing (e-mail). contact@apy-groupe.com or your usual advisor) and confirmed by us.

In the event that the Customer places an order with apy-groupe.com, without having paid for the previous order (s), or in case of late payment or exceeding of outstanding amounts , apy-groupe.com may refuse to honor the order and deliver the goods concerned, without the Client being able to claim any compensation.

apy-groupe.com can not be held responsible for any damage to the Customer in case of force majeure (delay in the time of supply, unavailability due to a failure).

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

Article 3 - Price
The seller price list is not a sale. It can be changed unilaterally without prior notice. The goods are invoiced at the agreed price when placing the order, within the limit of the option period (fixed at 3 days in the case of an estimate) and the general economic conditions (taxes, exchange rate, ...) at the time of delivery. Beyond the option period, it belongs to the Customer to get closer to our services in order to establish a new estimate. In the case of products indexed on a currency: any variation of more than 2% to the detriment of apy-groupe.com, the price of the currency against the euro defined on the day of the offer, will be reflected on the day of billing. All prices are net in euros, VAT and all other taxes, freight and freight insurance not included, ex warehouse from apy-groupe.com/fr/fr. Prices are subject to typographical error. Any tax, duty, duty or other benefit payable under the French regulations, or those of an importing country or a transit country shall be borne by the purchaser. The proposed rates include rebates and rebates that apy-groupe.com/fr/f would have to grant based on its results or the assumption by the Customer of certain services. No discount will be granted in case of advance payment. APYStore.fr does not manage any balance, except written acceptance on our part. Article 4 - Payment Any payment made to apy-groupe.com can not be considered as a deposit. Except in the case of specific written conditions or specific conditions granted to the Client after studying his file, payments must be made by transfer to the order, bank card to the order or receipt of material against the carrier (the costs are at the expense of Customer's charge). No cash payment will be accepted. apy-groupe.com reserves the right to request a bank check from the Customer in case the sums involved are large. In the event that apy-groupe.com accepts a payment by draft, the Customer must return it to him accepted and domiciled within eight days; The costs are the responsibility of the Customer, failing return of the accepted draft within the time mentioned, the payment will become immediately due. In case of credit, it can be used for one year from its date of establishment, beyond this period it is neither refundable nor chargeable on an invoice. In the event of payment in installments, expressly accepted by apy-groupe.com, the non-payment of a single term at its term will make immediately payable the totality of the price, whatever the conditions agreed previously even if the deadlines have given place at the establishment of acceptable drafts; it will be the same in case of sale, assignment, pledging or contribution of its business by the Customer. apy-groupe.com may retain the delivery of the goods concerned until the representation of the guarantee of payment. In case of outstandings, it will be accepted from 3000 € H.T. monthly order and within the limit of authorization of your outstanding. All orders that we accept are, taking into account that the Customer presents sufficient financial guarantees and that it will actually pay the amounts due at their due date. In case of refusal by the Customer of the cash payment, without any sufficient guarantee being proposed by the latter, apy-groupe.com may refuse to honor the order (s) passed (s) and 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 of less than three months to open the account. In accordance with Article L. 441-6 of the Commercial Code, penalties for late payment are due to non-payment on the day following the date of payment shown on the invoice, without this clause excluding any additional damages. . The interest rate of these late penalties is five times the legal interest rate. The Customer can never, on the grounds of a complaint formulated by him, withhold all or part of the sums owed by him, nor make a compensation. When the Customer is late in full or partial payment of a due date, apy-groupe.com can do this alone and without the need for a prior notice, immediately suspend deliveries, without the Customer being able to claim damages from apy-groupe.com. In case of recourse by litigation, apy-groupe.com/en is entitled to claim from the Customer the reimbursement of costs of any kind related to the prosecution and any invoice will be increased as a penalty clause not reducible within the meaning of the Article 1229 of the Civil Code, an allowance fixed at a fixed rate of 10% of the amount claimed. Article 5 - Delivery and transport Risks and transport The equipment is always considered as sold, accepted and accepted in the apy-groupe.com/fr/fr establishments. The risks and perils of transport (including loss, damage or theft) are the responsibility of the Customer. It belongs to the Customer, in case of damage of the goods delivered or missing, to make all necessary reservations with the carrier. Any product that has not been subject to reservations on transport documents and protests motivated by registered letter with A / R within 3 days of receipt from the carrier, in accordance with Article L. 133-3 of the code of commerce, and whose copy will be sent simultaneously to apy-groupe.com, will be considered as accepted by the Customer. The responsibility of apy-groupe.com can not in any case be blamed for facts during transport, destruction, damage, loss, or theft, even if it chose the carrier. Place of delivery Delivery is made by direct delivery of the goods to the Customer, by sending a notice of provision in store to the attention of the Customer, by handing 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 Customer's expense, is made by the carrier or his representative; in the event of failure to withdraw at the place of withdrawal, the material is generally returned to apy-groupe.com who reserves the right to dispose of the unclaimed material and to postpone the execution of the order left to a later date. suffering by the Customer on other materials. Delivery is made in metropolitan France, Belgium, Luxembourg and Switzerland. If you reside in a country other than those mentioned above, please contact us on +33 (0) 1 60 92 92 92. Shipping costs are the responsibility of the customer, and may increase depending on the delivery distance . Delivery in the DOM-TOM APY EUROPE also delivers in the DOM-TOM Some important information concerning the delivery in the DOM-TOM: Your order will be charged excluding tax Your order will be shipped by Colissimo Overseas or Chronopost classic or any other carrier we to deliver you. This choice of carrier will be made during the ordering process * Your order will be subject to the receipt of sea grants ** by the territorial services of the customs You will have to pay these taxes ** and customs clearance fees ** directly with the services customs and carrier Delivery times Delivery times are indicative and informative; They depend in particular on the availability of products at our suppliers and carriers. apy-groupe strives to respect the indicated delivery times according to the logistic reference time in the profession. Even in the event of written acceptance of firm deadlines, apy-group is automatically released from any commitment relating to deadlines in the following cases: technical hazards, failure of apy-group suppliers, out of stock, carrier failure, force major, fortuitous event, inaccuracy or lack of information to be provided by the Customer, delay deferred at the request of the Customer, absence of payment or incomplete settlement, delays related to customs formalities. If apy-group 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 note of the unavailable product. Receipt Upon receipt of the goods, the Customer must immediately check their status and compliance with the contract, in the presence of the carrier. Without prejudice to the provisions to be taken vis-à-vis the carrier, in case of apparent defects or missing products, any claim, whatever its nature, relating to the delivered products, will be accepted by apy-groupe.com only if it is done 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 ones. In this case, the Customer may request the replacement of non-compliant items and / or the supplement to be provided to fill the missing expenses apy-groupe.com/fr/fr without the Customer can claim any compensation or the 'cancellation of the order. The unreserved receipt of the ordered products covers any visible or missing vice. The complaint made by the Customer in the conditions and in the manner described by this article does not suspend the payment by the Customer of the goods concerned. Article 6 - Claims All claims, whatever their nature, relating to a defect in the goods delivered, to an inaccuracy in the quantities, an apparent defect, a missing, a wrong reference to the accepted offer or to confirmation of the order by apy-groupe.com/en, must be formulated in writing (to the Technical Service or to your usual interlocutor) within 3 days of receipt of the goods, without neglecting the recourse against the carrier, to default of what 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 claim. Customer must allow apy-groupe.com to perform all on-site claims verification. Article 7 - Return procedure The labels affixed to all parts are essential for the guarantee. Packaging must be kept in perfect condition. In the opposite case, the Customer can not benefit from his right to claim and must pay the sum of € 35 H.T. to cover the costs of packaging parts whose original packaging would have disappeared or would have been too damaged. Any return of merchandise requires the prior agreement of apy-groupe.com and a return number. The Customer will receive by the means deemed most appropriate by apy-groupe.com/fr a return agreement. Customized configurations (workstation, calculation server, storage server under the brand name APY) do not benefit from the right of retraction for 14 days. 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 done at the Customer's expense. On the other hand, the expenses of return after the SAV carried out are incumbent on apy-groupe.com. In the absence of agreement on the return of a merchandise, any returned merchandise will be held at the disposal of the buyer at his own expense, risk and peril, all transportation, storage and handling costs being borne by the Customer. Article 8 - Warranty and after-sales service Manufacturer warranty - For products with a specific manufacturer's warranty (warranty directly by the manufacturer, or on-site warranty, or specific warranty extension), the Customer must contact directly the manufacturer, without going through apy-groupe.com/fr/fr, which does not provide any contractual guarantee for these products subject to article APY group will refuse any return of goods in this context and can not be held responsible any manufacturer's failure under this warranty. Commercial guarantee - In the absence of manufacturer's warranty, the products sold are guaranteed parts and labor, directly by apy-groupe.com/fr/fr against any defect of material or manufacture during a period of 12 months as from the invoice date, unless special conditions have been expressly served; 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 immobilization time of this one, in the case where 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, replacement of the goods found to be defective by apy-groupe.com, taking into account the use that has been made and this at the free choice of apy-groupe.com/fr / en The guarantee does not cover labor costs, nor those resulting from disassembly, reassembly and transport operations, except in the case of standard exchange. The service apy-groupe.com can only play within the framework of the guarantee apy-groupe.com/fr or the legal guarantee. Items with a unit value less than € 25 H.T. are only guaranteed for a period of 6 months from the date of the invoice. Software, books, cartridges and storage media (CDs, DVDs, 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 warranty - Under the guarantee of hidden defects or non-compliance, apy-groupe.com will only be held to replace without charge or repair the defective goods without the Customer being entitled to obtain damages for any reason whatsoever. Our warranty only applies to products that have become the regular property of the Customer and are manufactured entirely by apy-groupe.com. It is excluded if our products have been used under unspecified conditions of use or performance. This warranty only applies to hidden defects; our customers being professionals, the hidden defect is understood as a defect of realization of the product rendering 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 guarantee ceases by right at the end of this period and since 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 lies with the Customer. Finally apy-groupe.com will not be held liable for eviction by third parties. Exclusion of guarantee - apy-groupe.com can not in any case be held responsible for the loss or the alteration of the data or programs present on the materials or supports (diskettes, hard disks ...) which are returned for a technical intervention, whether the products are under warranty or not. apy-groupe.com only undertakes to replace defective parts and repair any damage to the goods supplied to the Customer by him. If the equipment can not 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 the mandatory legal provisions, the responsibility of apy-groupe.com/fr is strictly limited to the obligations defined in the present conditions or, if necessary, to the express conditions. apy-groupe.com can not be held responsible for any material or immaterial damage that may occur during the repair. apy-groupe.com can not be held responsible for the guarantee of breakdowns or damages resulting directly or indirectly in the following cases: any unprotected or prolonged storage, any negligence, mistake of connection or manipulation, 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 additional or accessory equipment or use of any parts necessary for the operation of the equipment not in accordance with the technical specifications of the seller or manufacturer, any mechanical, electronic, electrical or other modification or transformation to the equipment or its connection devices by any third party. In case of bankruptcy or impossibility of supply of the manufacturer, the Customer can not turn against apy-groupe.com, which will not assume any responsibility for warranty on the products of this manufacturer. apy-groupe.com/en/en disclaims all liability for damage resulting from a defect of 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 occur after full payment of the principal and incidental price or collection of accepted bills of exchange or other securities issued for the purpose of payment of the price. even if payment terms are granted. Any contrary clause, notably inserted in the general conditions of purchase, is deemed unwritten. The Customer undertakes, in the case of a bankruptcy proceeding affecting his business, to participate actively in the establishment of an inventory of the goods in his inventory and whose apyrene.com/en 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/en/en may prohibit the Customer from reselling, processing or incorporating 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/fr it is expressly stipulated that the rights relative to the goods delivered but unpaid will refer to identical goods coming from apy-groupe.com/fr/en in stock at the Customer, without the need to charge the payments on a specific sale or delivery. From delivery, the Customer is the custodian and custodian of the goods. Article 10 - Clause resolutory In case of non-payment and unless we prefer to request the full execution of the sale, we reserve the right to terminate the sale after formal notice, remained ineffective within 48 hours , and to claim the goods delivered, the costs of return remaining the responsibility of the buyer and the payments made us being acquired as a penalty clause, without prejudice to any damages that apy-groupe.com could do to the Client. Article 11 - Liability Subject to mandatory legal provisions, the total and accumulated liability of apy-groupe.com, whatever the cause, is limited to the amount paid by the Customer to apy-groupe.com/fr title of the order concerned. In any case, will not be entitled to compensation from apy-groupe.com/fr indirect and / or immaterial damages At the end of this period, the customer has not been notified of their discovery. The burden of proof of the date of use of our products and the day of discovery of the defect of the Customer. Finally, we will be able to rely on third parties. Exclusion of guarantee - apy-groupe.com can not be held responsible for the loss or the alteration of the data or programs present on the materials or the supports (diskettes, hard disks ...) , whether the products are under warranty or not. apy-groupe.com only undertakes to replace defective parts by the customer. If the equipment can not be replaced by the same 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 the mandatory legal provisions, the responsibility of apy-groupe.com/en is strictly limited to the obligations defined in the present conditions or, if necessary, to the express conditions. apy-groupe.com can not be held responsible for any material or material that may occur during the repair. can not be held responsible for the breakdown of the failure of the supply of the product or the supply of the product. With the technical specifications of the manufacturer or the manufacturer, the defective or the use of the manufacturer, any mechanical, electronic, electrical or other modification or transformation to the equipment or its connection devices by any third party. In case of bankruptcy or impossibility of supply of the manufacturer, the Customer may not turn against apy-groupe.com, which will not assume any responsibility for warranty on the products of this manufacturer. apy-groupe.com/en/en disclaims all liability for damage due to a defect of a product or repair by apy-groupe.com within a reasonable time. Article 9 - Retention of title The transfer of ownership of the goods and services of the customer shall be subject to the payment of the price. even if payment terms are granted. Any unclaimed clause, which is included in the general conditions of purchase. The Customer undertakes, in the case of a bankruptcy of his business, to participate actively in the establishment of an inventory of the goods in his inventory and whose apyrene.com/en property. Failing this, apy-groupe.com has the option of having the customer recorded by the customer. apy-groupe.com/en/in may prohibit the Customer from reselling, processing or incorporating goods in the event of late payment. It is expressly stipulated that the rights relating to the delivery of goods and services are not included in the scope of payment. apy-groupe.com/en/en in stock at the Customer. From delivery, the Customer is the custodian and custodian of the goods. Article 10 - Clause resolutory In the case of non-payment and unless we prefer the execution of the contract, we reserve the right to terminate the sale after formal notice, remaining ineffective within 48 hours, and to claim the goods delivered, the The responsibility of the purchaser is to increase the liability of the purchaser and the payment is made to the customer. Article 11 - Liability Subject to mandatory legal provisions, the total and accumulated liability of apy-groupe.com, whatever the cause, is limited to the amount paid by the Customer to apy-groupe.com/fr title of the order concerned. In any case, will not be entitled to compensation from apy-groupe.com and / or indirect and / or immaterial damages