Conditions of sale
1 °) PRESENTATION
The Eukor company (hereinafter the Company) is a distributor in France of products developed in South Korea in the field of disinfection and air purifiers.
It mainly distributes high performance "Disinfection tunnels" and "Air purifiers and sterilizers" primarily for professionals (hereinafter the Products).
The different Products are presented on the Company's website (www.eukor.eu) and are subject to change at any time to better meet customer needs.
2 °) GENERAL PROVISIONS
These general conditions of sale (hereinafter the "GTC") apply, without restriction or reservation, to all sales concluded by the Company to professional clients as well as consumers (hereinafter "Client (s)" ), wishing to acquire the Products offered for sale by the Company. Any Customer of the Company is deemed to have knowledge of these GTC.
Consequently, the fact of placing orders implies acceptance by the Customer of the conditions below in their entirety and without reservation.
No particular purchase condition can, except formal and written acceptance by the Company, prevail over the GTC.
Any contrary condition posed by the purchaser will, therefore, in the absence of express acceptance, be unenforceable against the Company, regardless of when it may have been brought to its attention.
3 °) PRODUCTS
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Site and are subject to change at any time.
The Customer is required to refer to the description of each Product in order to know its properties and essential features. The Customer is required to take cognizance of it before placing any order, the choice and purchase of a Product falling under the sole responsibility of the Customer.
The photographs and graphics presented on the Site have no contractual value and do not engage the responsibility of the Company.
It is the Customer's responsibility to read the product page and all other information relating to the Products presented on the Site before using the Product.
Before using the Product, the Customer is aware of and takes care to apply the precautions for use and the instructions for use, in particular for Products classified as dangerous.
4 °) CONSUMABLES
Certain Products require the use of consumables (hereinafter Consumables).
The main characteristics of Consumables are presented on the Site and are subject to change at any time.
These consumables can be ordered directly on the Site.
5 °) FORMATION OF THE CONTRACT
Any order from the Customer will be the subject of an order summary established by the Company specifying:
- The Products ordered,
- The quantities chosen,
- The price per Product,
- Any discounts,
- Payment terms,
- The expected delivery date,
- The place of delivery,
- The maximum storage time,
- The specific clauses and conditions and in particular of installation.
This order summary must be countersigned by the Customer and returned to the Company.
This countersignature by the Customer firmly and definitively formalizes the sales contract concluded with the Company, subject to the possible exercise of the right of withdrawal provided for in the "Right of withdrawal" article of these GTCS.
Any order to be taken into account must be accompanied by a deposit of 40% including tax of the total amount of the invoice.
6 °) DELIVERIES
All Products are made in South Korea.
Depending on the quantities ordered, the Product ordered, or the agreement of the Parties, the Company will determine the most suitable means of delivery.
For deliveries by air, delivery times are generally 5 to 10 days.
For deliveries by sea link, the time is 6 to 7 weeks.
Delivery times will be stipulated on the order confirmation.
In any case, these delivery times are only indicative with regard to the vagaries of transport beyond the control of the Company.
The delivery costs are mentioned in the order confirmation and are the responsibility of the Customer. They are flat-rate and do not take into account variations in the cost of transport.
Consumables will be delivered within 3 working days.
The Company cannot be held responsible for a lack of consumables linked to a delay in the order by the Customer.
7 °) INSTALLATION
The installation of the Products at the Customer's premises can only be carried out by the Company or a company approved by the Company.
Likewise, any movement of the Product must be carried out by the Company or a company approved by the Company.
If the Customer moves, the Product can only be moved by the Company or a company approved by the Company.
8 °) TRANSFER OF RISKS
The risks associated with the Products are transferred as soon as the Product is installed at the Customer's premises.
9 °) RETURN
Any return of Products must be the subject of a written agreement between the Company and the Customer.
Any product returned without this written agreement will be made available to the Customer and will not give rise to the establishment of a credit note.
10 °) PRICE
The selling prices of the Products are those appearing on the Site at the time of the order. Any price change subsequent to the order has no effect on it.
The prices of the Products accessible on the Site are expressed in euros (€), excluding taxes (HT) and / or all taxes included (TTC) at the current VAT rate and include, when it is mandatory, the eco-participation applicable to the Product at the time of the order.
Product prices do not include delivery costs. These costs (or their method of calculation) are communicated to the Customer before the validation of his order and appear on the order summary received by e-mail, as well as on the invoice.
11 °) PAYMENT
The Products are payable as indicated on the order summary countersigned by the Customer.
In any case, a deposit of 40% is required when ordering.
In the event of storage by the Company, the undelivered goods will be automatically invoiced at the expiration of the maximum storage period set in the order summary.
If the Customer does not perform his obligations and in particular does not pay the balance of the price on the agreed due date, the Company may, in accordance with the provisions of the Civil Code, either continue the forced execution of the contract or request the resolution of the sale.
In the event of late payment, the Company may suspend all pending orders, without prejudice to any other action.
12 °) RIGHT OF WITHDRAWAL - RETURN OF PRODUCTS
Article 7.1 - Right of withdrawal
For any order placed on the Site, the consumer Customer has, in application of article L.221-18 of the Consumer Code, a withdrawal period of fourteen (14) days from the delivery of the Products to the Customer following their delivery.
In the event of staggered delivery of the Products, the withdrawal period does not run until receipt of the last Product.
As an exception, the Customer does not have the right of withdrawal:
• For goods made to its specifications or clearly personalized
• On the product not in stock with a mention "on order"
• For goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
• When the Products, after having been received and by their nature, are mixed and / or fixed inseparably with other products, furniture or buildings.
The exclusion of the right of withdrawal in the aforementioned cases is recalled, for each Product concerned, in the corresponding product pages.
Terms of exercise and effects of the right of withdrawal
The Customer may exercise his right of withdrawal by LRAR by sending it to EUKOR SARL - 4 allée Paul Sartre - 77186 Noisiel - FRANCE
Within a maximum period of fourteen (14) days from the communication to the Company of its decision to withdraw, the Customer must proceed to the reshipment of the Products. These must be returned in their perfect original condition, accompanied by all possible accessories, instructions for use and documentation. Return costs are the responsibility of the Customer.
The Customer will be reimbursed for the amount of the Products subject to the withdrawal, as well as the delivery costs, within fourteen (14) days from the date of recovery of the Products and after verification of their condition by the Company. The reimbursement is made by the same means as that used for the payment of the order unless the Customer and the Company agree otherwise.
13 °) INTEREST ON DELAY
Any amount not paid on the due date appearing on the invoice will result in the application of an interest rate generally corresponding to the key rate (refinancing rate or Refi) of the European Central Bank (ECB), in force on the 1st January or July 1, increased by 10 points.
This interest is payable at the Company's simple request and the amount of interest may, where applicable, be automatically charged to any discounts, rebates or rebates due by the Company.
In addition, a lump sum indemnity of 40 euros is due to the Company for recovery costs, on the occasion of any late payment.
14 °) PENALTY CLAUSE
In the absence of payment on the due date of any sum appearing on the invoice, the Customer must pay the Company, in addition to the price and as a penalty clause, a sum of a lump sum equal to 10% of the sums remaining due. in principal.
This clause will remain definitively acquired by the Company without there being any reason to justify any prejudice.
15 °) AFTER SALES SERVICE
The Products are guaranteed for parts and labor for a period of one year, provided they have been used under normal conditions in accordance with the instructions provided at the time of delivery available on the Site.
The after-sales service will be carried out as much as possible on site.
The Customer must thus give access to the Product so that the Company can carry out the intervention.
In the event of a major failure, the withdrawal of the Product may be considered.
The Parties will agree on the conditions for the removal and reinstallation of the Product.
This withdrawal will not give rise to the right to any compensation for the benefit of the Customer.
16) REMOTE CONTROL
The Company installs remote control software on the Products delivered to the Customer allowing it to make adjustments, anticipate or repair breakdowns. This remote control is mandatory in order to check the correct functioning of the Product at any time.
The Customer accepts the implementation of this remote control and undertakes not to hinder it.
In this case, the warranty referred to above would end immediately.
17 °) RESERVATION OF OWNERSHIP
The Company retains ownership of the goods with all the rights and guarantees attached thereto until full payment of the main price and its accessories.
18 °) PERSONAL DATA
Personal data collected from Customers is subject to computer processing carried out by Eukor. They are recorded in its Customer file and are essential for processing their orders. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of the sale and any guarantees that may apply.
Access to personal data will be strictly limited to the personnel of the data controller, authorized to process them by virtue of their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Client's authorization being necessary.
As part of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases stated above, Eukor refrains from selling, renting, assigning or giving access to third parties to the data without the prior consent of the Customers, unless it is forced to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Customers will be informed and the guarantees taken to secure the data will be specified.
In accordance with Regulation No. 2016-679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Customer has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to oppose processing for legitimate reasons, rights that he can exercise by contacting the data controller at the postal or email address next: EUKOR SARL - 4 allée Paul Sartre - 77186 Noisiel - FRANCE
. In the event of a complaint, the Customer may file a complaint with the delegate for the protection of personal data of the National Commission for Computing and Liberties.
19 °) ATTRIBUTION OF COMPETENCE
The parties will seek an amicable agreement before any legal action.
Failing this, the Paris Commercial Court will have sole jurisdiction in the event of any dispute of any kind or dispute relating to the formation or execution of the order, unless the Company prefers to seize any other competent jurisdiction.
This clause applies, notwithstanding any clause to the contrary, even in the event of summary proceedings, incidental or multiple defendants, warranty claims and whatever the mode and terms of payment.