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 bind apy-groupe.com only after written confirmation from him.

Any other document than these Terms and including catalogs, advertisements, price lists, website, notes, is only informative and indicative, non-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 implies 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 made via the Internet on our business sites, by e-mail from 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, mailing 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 agrees to certify that these data are valid, and will if apy-groupe.com / the request, to justify its 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 merchandise 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 only be taken into account 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 does not constitute 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 is up to the Customer to approach our services to establish a new quote.

In the case of products indexed on a currency: any variation of more than 2% to the disadvantage 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, tax, duty or other benefit payable under the French regulations, or those of an importing country or a country of transit are the responsibility of 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 paid 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 the customer). 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 draft accepted within the time 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 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 end will make immediately payable the totality of the price, whatever the conditions agreed previously even if the deadlines have given 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 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, given the fact that the Customer presents sufficient financial guarantees and that it will effectively 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 appearing 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 Client can never, on the grounds of a complaint formulated by him, retain all or part of the sums due by him, nor make a compensation. When the Customer is late for 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 the costs of any kind related to the prosecution and any invoice will be increased as a penalty clause nonreductible within the meaning of Article 1229 of the Civil Code, an allowance fixed at a fixed rate of 10% of the amount claimed.

Bank transfer
We accept payment by bank transfer for any order. Please note that the equipment can not be reserved until payment is received. If you wish to be delivered as quickly as possible and then have the material in stock, we recommend a payment by credit card.


Here are our bank details to make your transfer:


My order is invoiced in Euros (EUR)


Bank: BP RIVES DE PARIS

Domiciliation: 223 Rue du Faubourg Saint-Martin, 75010 PariS

IBAN: FR7610207000690406901130954

BIC (SWIFT transfer): CCBPFRPPMTG

Important: Specify your order number in the transaction name
Since our account in Euros (EUR) is domiciled in France, our customers using an account outside the euro zone are invited to establish an international transfer.
I make a transfer from an account located in the euro zone Do I have special charges to bear?
Your bank can only charge the standard transfer fee (often free if it is done online, from your bank account, and it rarely exceeds a few euros at the counter). For our customers with a bank account from a member country of the eurozone, no additional fees may be required because it is an international transfer.

How long is it necessary for my transfer to be taken into account?
Transfers usually arrive within 2-4 business days. We will validate this regulation J + 1 after its receipt (working days): we confirm it systematically by email. 3 to 5 days are usually required for the order to be validated after the transfer.

Bank card



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 server. This information remains confidential and can not be seen or used without your knowledge.

       

The debit of the bank card is made 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 one-time virtual credit card numbers and for a given amount. Of course, we accept the regulations with pleasure. However, virtual credit card numbers have limited validity.
Also, unlike other types of payment by credit card, the levy will be made to order.
Payment in 3x by credit card
terms
Payment in 3 installments by credit card is available for any order between 1000 € and 10000 € H.


Compatible cards

VISA and MasterCard are accepted, with the exception of e-cards, prepaid cards or Electron cards that are not compatible. The validity date of the card used must be at least 4 months (6 months if one of the items is not available at the time of order).

Compatible delivery methods
Payment in 3 installments is available for home deliveries.


Timeline of Samples
One third of the total amount of the order is charged to the preparation of your order, the next two thirds are taken respectively one month and two months after the date of preparation of the order. Example for an order of 4000 € TTC (including shipping) validated on November 15th:

Levy of the first third, or 1333.33 € TTC, the day of the preparation of order, is the 15 November approximately:
Levy of the second third, that is 1333.33 € TTC, 28 days after the date of preparation of order, is the 15 December;
Collection of the last third, or 1333.33 € TTC, two months after the order preparation date, ie January 15th.
Article 5 - Delivery and transport
Risks and transport
The material is always considered sold, accepted and accepted in the apy-groupe.com establishments. The risks and perils of transport (including loss, damage or theft) are the responsibility of the Customer. It is the responsibility of the Customer, in case of damage to 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 with 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.

Delivery locations
The delivery is carried out 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 indicated, 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, Switzerland. If you live in a country other than those mentioned above, please contact us on +33 (0) 1 60 92 92 92. The shipping costs are the responsibility of the customer, and may increase depending on the delivery distance .

Delivery in 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 Classic Chronopost or any other carrier allowing us to deliver. This choice of carrier will be made during the order 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 to the customs and carrier services
Delivery delay
Delivery times are indicative and informative; They depend in particular on the availability of products at our suppliers and carriers. apy-groupe endeavors 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 suppliers of apy-group, 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 ordered product, we will inform you and we will offer you the delivery of an equivalent product or have the value of the unavailable product.

Reception
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 the 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 noticed. 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, an inaccuracy in the quantities, an apparent defect, a missing, a wrong reference to the accepted offer or the confirmation of the order by apy-groupe.com, must be made in writing (to the Technical Service or to your usual contact person) within 3 days of receipt of the goods, without neglecting the 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 claim. The Customer must allow apy-groupe.com to perform all on-site claims verification.

Article 7 - Return procedure
The labels on all parts are essential for the warranty. 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 considered the most opportune by apy-groupe.com/fr a return agreement.

Custom 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 cost of returning the service after the service is the responsibility of apy-groupe.com. In the absence of agreement regarding 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 costs of transport, storage, handling being the responsibility of the Customer.

Article 8 - Warranty and after-sales service
Manufacturer's 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 the manufacturer directly, without going through apy-groupe.com / en / en, which does not provide any contractual guarantee for these products subject to the article

APY Group will refuse any return of merchandise in this context and can not be held responsible for any failure of the manufacturer under this warranty.

Commercial Warranty -
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 for a period of 12 months from the date of invoice except in special circumstances 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 prolonged of 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 therefore 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/en/en 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 warranty of hidden defects or non-compliance, apy-groupe.com will be held only the replacement without charge or the repair of the defective goods without the Customer can claim to obtain damages and interests, for whatever reason. 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 when 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 the technical information relating to our products.

Legal warranty -
Under warranty of hidden defects or non-compliance, apy-groupe.com will be held only the replacement without charge or the repair of the defective goods without the Customer can claim to obtain damages and interests, for whatever reason. 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 when 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 the technical information relating to our products.

This warranty is limited to the first 6 months of use. Our guarantee automatically ceases at the end of this period and since our Customer did not warn 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 to any guarantee of eviction because of third parties.

Exclusion of warranty -
apy-groupe.com can not under any circumstances be held responsible for the loss or the corruption of the data or programs present on the materials or supports (diskettes, hard disks ...) which are returned for a technical intervention, that the products are under warranty or not. apy-groupe.com/en/en undertakes only to ensure the replacement of the defective parts and the repair of the damages of 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 liability in terms of warranty on the products of this manufacturer. apy-groupe.com/en/en disclaims all liability 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 occur after full payment of the principal and incidental price or receipt of the accepted bills of exchange or other securities issued for the purpose of payment of the price, even if granted. payment deadlines. Any contrary clause, including inserted in the general conditions of purchase, is deemed unwritten. The Client undertakes, in the event of a bankruptcy proceeding affecting his company, to participate actively in the establishment of an inventory of the goods in his inventory and whose apyrene.com/en: property. Otherwise, apy-groupe.com has the option of having the inventory recorded by 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 account of the Customer 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 the 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 - Termination clause
In case of non-payment and unless we prefer to request the full execution of the sale, we reserve the right to cancel the sale after formal notice, remained ineffective within 48 hours, and to claim the delivered goods, the cost of return remaining the responsibility of the buyer and payments made us being acquired as a penalty clause, without prejudice to any damages that apy-groupe.com could argue against 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 under the order concerned. In no event shall apyrot.com be entitled to compensation for indirect and / or immaterial or moral damages, in particular, financial or commercial losses such as loss of profit, loss of control, loss. of exploitation, loss of data, loss of profit, damage to the image, interruption of service, as well as similar damages resulting from an action in claim against apy-groupe.com by the Client damage suffered by a third party. The responsibility of apy-groupe.com can not be engaged in the event of any damage to the data of the Customer, the latter having to proceed at his expense to safeguard them. These data will not be reimplanted by apy-groupe.com on the equipment in case of loss. In any case, apy-groupe.com/fr/fr is released from all liability and can not be held liable for compensation in cases of force majeure.

Article 12 - Award clause and jurisdiction and applicable law
In case of dispute, the customer will first contact apy-groupe.com by contacting our sales department to obtain an amicable solution. Any dispute relating to the formation, execution and termination of contractual obligations between the parties that can not reach an amicable settlement, will be subject to the jurisdiction of the Commercial Court of NANTERRE in the jurisdiction of which is the seat of apy-groupe.com, whatever the conditions of sale, the place of order or the delivery, and the mode of payment accepted, even in the event of a call in guarantee or of plurality of the defendants, the seller reserving himself the right to appeal to the jurisdiction of the Tribunal with jurisdiction over the Client's registered office. The attribution of jurisdiction is general and applies whether it is a main claim, an incidental claim, an action on the merits or an interlocutory claim. In addition, in the event of legal action or any other action for the recovery of debts by apy-groupe.com, the costs of summons, of justice, as well as the fees of lawyer and bailiff, and all the additional costs will be borne by the Client at fault, as well as the costs related or arising from the non-compliance by the Customer of the terms of payment or delivery 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 rejected. The fact for apy-groupe.com/fr to not avail itself at a given moment of any of the clauses of the present, can not be worth renunciation to take advantage later of these same clauses.

Article 13 - COMPUTERS AND FREEDOMS
The data collected makes it possible to carry out the operations relating to the management of the Clients, the unpaid
and litigation, the development of business statistics, prospecting and promotional operations, notice management. The legal bases of these 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 auxiliary of justice legally entitled to receive communication. The data are 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 the right of access, rectification, portability and deletion, opposition, withdrawal of consent, limitation of the processing of data concerning him, to file a complaint with the supervisory authorities. To learn more or exercise your rights, write to contact@apy-groupe.com or 3 bis rue René Cassin - 91300 Massy - France