For professionals only
Professional Area
For professionals only
– ORDERS
– DELIVERY TIME
– DELIVERY
– RETURNS
– PRICE
– TERMS OF PAYMENT
– PAYMENT METHOD
– NON-PAYMENT and RESERVATION OF TITLE CLAUSE
– LIMITATION OF LIABILITY
– TECHNICAL ADVICE
– STUDIES AND PROJECTS
– INFRINGEMENT OF PATENTS OR REGISTERED DESIGNS
– COMPLIANCE
– REFERENCES
– ACCESS CODES
– GUARANTEE
– DATA PROTECTION
– CONTESTATION
These terms and conditions apply in their entirety to all sales and services provided by SAS BIO-POOL with a capital of 150 000.00€ – Head office : 18 av Jean Monnet – 31770 Colomiers – RCS Toulouse B393 602 446 – SIRET 393 602 446 00022
Any order, firm and accepted by the Company by an acknowledgement of receipt, implies for the buyer the adhesion to the present general conditions of sale which are the law of the parties. Any derogation must be confirmed by us in writing beforehand.
Our delivery times are given as an indication and unless expressly accepted by the Company, delays cannot under any circumstances justify cancellation of the order by the purchaser. Any dispute must be declared by the customer in writing within 48 hours. Delays in delivery – due to fortuitous events or force majeure – strikes, fires, floods, transport interruptions, etc. – may not give rise to compensation for any loss suffered.
No goods may be taken back or exchanged without the prior agreement of the Company and will be subject to the corresponding administrative charges. Our goods travel at the recipient’s risk, even when shipped carriage paid. Shipments are covered by the carrier’s insurance, which means that all “insurance” files must comply with article 105 et seq. of the French Commercial Code. In the event of damage or shortage, it is advisable to make precise reservations such as: open or torn package, number of packages or parts received, traces of impact, package or pallet overturned, pallet un-wrapped, packaging not original … with the carrier before taking delivery of the goods and to confirm them by registered letter or extrajudicial act within 48 hours after the date of delivery. After this time, no claim will be accepted. Reservations such as: subject to unpacking, counting, breakage and pre-sealed forms are not legally admissible.
Returns of unused items, with no trace of assembly, in perfect condition in their original packaging and unsuitable due to a reference error, etc., must be accepted in advance and returned within one month of the delivery date. They will give rise to a non-refundable credit note, to be used on the buyer’s next order and valid for 1 year from the date of issue. Returns with postage due, returns not repacked in their original packaging, returns without instructions and accessories will not be accepted or reimbursed.
Prices are quoted in Euros and exclusive of VAT at the current rate, plus shipping costs (including preparation, packaging and delivery costs) where applicable. Our prices are indicative only; we reserve the right to modify them without prior notice.
First orders are always payable by check, credit card, bank transfer or PayPal; subsequent orders after negotiated agreement and account opening. To open an account, please complete and accept the form and general terms and conditions of sale – and send us a bank statement and a K-Bis extract. We reserve the right to refuse your credit application. Payment deadlines may be revised every year on the basis of an account analysis, or in the case of exceptional, high value transactions. All payments must be made payable to BIO-POOL. We reserve the right to charge interest at the “REFI” rate of the European Central Bank plus 15 points for any invoice not paid within the specified time. Any delay in payment will be subject to a flat-rate recovery charge of €40.00 (article L 441-6, I, 2nd paragraph of the French Commercial Code).
All payments are accepted under the above conditions: cheque, CB, bill of exchange, PayPal, transfer to the credit of:
– Banque Tarneaud : BIC : TARNFR2L – IBAN : FR76 1055 8045 1010 9685 0020 038
– Crédit Agricole : BIC : AGRIFRPP824 – IBAN : FR76 1240 6000 7754 9555 7700 354
or by cash for customers picking up their goods at our company headquarters.
Our terms and conditions include an acceleration clause: these terms and conditions become null and void immediately in the event of late payment. Non-payment of any invoice(s) in accordance with the terms of the contract shall suspend all further deliveries, with or without prior notice from our company. We reserve the right to repossess unpaid materials delivered. The purchaser shall bear all costs incurred by our Company for the recovery of sums due. In application of the provisions of law n° 80-335 of May 12, 1980, the goods sold remain the property of our Company until full payment of the price and its accessories. Until this date, the equipment delivered is considered to be consigned, and the purchaser bears the risk of any damage the equipment may suffer or cause for any reason whatsoever.
The liability of our Company with respect to the order and the product(s) ordered is expressly limited to the exchange of the defective product(s) or refund, as the case may be. Our Company is under no obligation whatsoever with regard to damages or harmful consequences arising directly or indirectly from errors or omissions in the technical information supplied.
The technical advice we have given or will give you does not imply that we are in any way responsible for the choice of equipment ordered, its use or the results you obtain.
Studies and documents of any kind, delivered or sent by us, always remain our property. They must be returned to us on 1st request. We retain full intellectual property rights to our projects, studies, drawings, etc., which may not be communicated to third parties or used for any purpose without our prior authorization.
The purchaser shall compensate our company for any costs incurred by us as a result of products manufactured to the purchaser’s specifications which infringe patents or registered designs.
Our devices are delivered with CE self-certification in compliance with regulations.
All brand and product names quoted, as well as the visuals, are intended solely to guide the customer in his search and to indicate the compatibility of our equipment. This does not imply that the products mentioned are originals, such as those of brands and models manufactured and/or registered by manufacturers or distributors. Furthermore, the Company cannot be held responsible for any errors or omissions, whether unintentional on our part, in the textual or photographic descriptions of the products presented in our various communication media.
Our customers are respectively responsible for the individual access code to access our professional online site. The Company reserves the right, without notice or compensation, to close the online sales area temporarily or permanently.
Unless otherwise stipulated in the price list, products sold and fully paid for carry a contractual warranty of 2 years from the date of delivery to the customer. In any event, our company remains liable to the customer under the legal warranty for defects or hidden faults in the products. Our Company undertakes to replace or to repair – at its own expense – in our workshops, during the warranty period, only the product presenting functional defects. However, if the product does not present any anomaly, the cost of return shipment will be borne by the customer. Outside the contractual warranty period for our products, and also for certain appliances of other brands, our company offers an after-sales service. The customer is informed that a quotation is not free of charge. The cost of the estimate is €60.00 including VAT, and will be deducted from the final invoice if the estimate is accepted. The estimate is valid for 1 month from the date of issue. Repairs can only be carried out with the customer’s written agreement. Repairs are carried out by our company as quickly as possible, and we cannot be held responsible for any delay. The customer will be notified when the repair has been carried out. In the event of failure to collect the goods entrusted to us within one month of notification, a reminder will be sent to the customer by registered letter. If the customer does not respond within 15 days of receipt of this letter, the goods will be destroyed or made available to our company. No compensation of any kind or amount whatsoever may be claimed by the customer in this respect. Under no circumstances may repair entail an extension of the guarantees previously granted. Our Company shall not be obliged to lend replacement goods either before or during the repair.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to any personal data concerning you. Through our intermediary, you may receive our offers by telephone, e-mail or post. If you do not wish to receive such offers, simply write to us with your contact details. In addition, the Company undertakes not to divulge to third parties any information you may communicate to us (CNIL declaration n°1661827 v 0 dated 26/03/2013).
In the event of a dispute, the Tribunal de Commerce de Toulouse shall have sole jurisdiction, even in the event of a warranty claim or multiple defendants. Any order submitted implies unreserved acceptance of these general terms and conditions of sale. These cannot be modified by contrary stipulations appearing on our customers’ order forms or by their general terms of purchase.
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