Terms and Conditions

 

SAS BÖLLHOFF OTALU, with a legal address at ZI de l’Albanne, rue Archimède 73 490 La Ravoire, Chambéry company registrar 277 813 226, (hereafter „BÖLLHOFF“)

EU VAT number FR FR 57 747 220 309 – Phone : + 33 4 79 96 70 00

Mail to : info_fr@bollhoff.com

 

 

These terms and conditions of sales contain the conditions agreed upon between you (hereinafter referred to as “Customer” and/or “you”) and us, Bollhoff Otalu SAS ZI de l’Albanne, rue Archimède 73 490 La Ravoire, a company registered with the Chambéry company registrar under number 277 813 226 (hereinafter also referred to as “Böllhoff”, “we” or “us”) and which shall apply in their entirety unless amended by means of written agreement(s) made between you and us. Differing or conflicting conditions shall not apply unless we have given our express consent to these in writing. These terms and conditions shall apply to all orders, contracts, deliveries and services or other deliverables agreed between Böllhoff and the Customer via the Böllhoff eShop at eshop.boellhoff.fr

These conditions shall also apply to all future orders placed by the Customer in the Böllhoff eShop. They shall always prevail over Customer’s purchase terms and conditions.

 

All efforts have been made to ensure the accuracy of the information mentioned on our website and our documentation (prices, products, characteristics, deadlines, etc.). BÖLLHOFF can not be held responsible for errors in typography, editing or misrepresentation or be bound for its suppliers. The marks and references of the products are only used for identification purposes. 

 

Further information on Böllhoff's contact data may be found in our Legal & Publication Details.

 

Our General Terms & Conditions are available on our website tab under “General Terms & Conditions”. They may also be saved locally or printed out. Our General Terms & Conditions may also be downloaded and saved in PDF format here.

No charge is applicable for registering on Böllhoff eShop. To place an order via the Böllhoff eShop you must be registered on our electronic trading system. The Böllhoff eShop is intended for commercial purposes only, i.e. for use by businesspeople and/or merchants or traders as defined by Article 121-1 and seq. of the French Commercial Code.

 

Puchase orders will become effective once a written confirmation has been sent by BÖHLLOFF. Payment is required before any delivery according to the financial terms and conditions detailed in each price quotation submitted to Customer. 

 

Please insert your detailed VAT registration when registering. A valid VAT number is necessary to register on the Böllhoff eShop in order to place orders.

To access to the Böllhoff eShop please fill in the registration form electronically on our website (taking care to complete all mandatory fields) and send this to us. The information required for registration purposes must be given in good faith with accurate information.

The email address given by you will be used as your user name. When registering, please choose a password. You are under an obligation to select a secure password of at least 8 

characters in length and containing at least one special character (“@, %, $ etc.”) and to keep the password confidential, retain it in a safe place and not divulg or disseminate it to third parties under any circumstances.

 

After entering your registration details by clicking the “Register now” button, you will receive an email confirming receipt of registration and notifying you that your data is being checked. Once your status as a businessperson has been checked, you will receive an acceptance email. Only then will you be able to place orders via the Böllhoff eShop.

Böllhoff reserves the right to refuse the registration, for example if the Customer's status as a businessperson is not evidenced or is ambiguous.

Böllhoff shall not be under any obligation to accept registration or any order placed by an ordinary customer.

 

With the exception of your agreement to these General Terms & Conditions, our Data Privacy Rules and our Terms of Use, your registration carries no obligations whatsoever. You can delete your registration entry at any time under “My Account” tab. Registration does not by itself, create any obligation to buy any goods offered on our website.   

 

During the process of registration your details are protected by SSL encryption.

 

Should your business details change in any way, you are responsible for updating them. Please inform us immediately of any changes using the electronic form available on our website.

 

Description and functionalities of products in the Böllhoff eShop do not represent any legally binding offer on the part of Böllhoff.

Böllhoff's offerings on our website merely represent a non-binding invitation to order goods from Böllhoff.

The Customer’s order, placed by clicking the “Buy now” button, is a legally binding offer to purchase the goods placed by the Customer into the shopping cart and located therein, and receipt of such offer will be confirmed electronically by Böllhoff without delay. Such confirmation does not represent a confirmation of order or, hence, acceptance by Böllhoff of 

the offer concerned. Böllhoff's acceptance of the offer is made by Böllhoff either confirming its acceptance of the Customer's order by means of a separate email to the Customer or sending the Customer a confirmation of dispatch or, at the latest, by making the goods available for delivery.

Placing an order implies the unconditional acceptance by Customer of the present General Terms & Conditions.

Böllhoff shall be entitled to accept the Customer's order within 5 calendar days of its receipt of such order. Should this deadline expire without response, the Customer's offer shall be deemed to have been refused.

 

Formalization of Contract or purchase orders shall follow the following steps :

 

First, the Customer must place the item(s) selected by him into the shopping cart. In doing so, he may still change the quantity of the item. 

 

By clicking the “Continue to the next step” button, the Customer moves forward to the invoice and delivery address summary page.

By clicking the “Proceed to type of shipping and payments” button, the Customer moves forward to the payment method summary page where the method of payment is chosen.

By clicking the “Proceed to order review” button, the Customer moves forward to the order summary page (“Check and submit order”).

This page summary displays a summary of all the order details, following entry and prior to the order being sent off, together with the possibility for the Customer to check for errors and correct them as necessary.

Where the Customer wishes to correct any details, he may do so by clicking any of the “Make changes to shopping cart”, “Change address” buttons. Up to this point it is possible at any time to remove any item placed in the shopping cart or to change the item quantity.

During the next step, the Customer may click the “Order now” button to make a binding offer to Böllhoff.

 

Compliance with our delivery obligation shall be contingent upon timely and proper fulfilment of the Customer's obligations and in particular his payment obligation.

 

4.2
BÖLLHOFF shall make its best efforts to deliver the ordered items in due time pursuant to the terms and conditions of the relevant purchase order. Estimated delays are binding upon effective payment of the related order.  

Delay of delivery is a best estimate. If a delivery lead time is to suffer a delay, BÖLLHOFF shall inform the Customer the reasons of such delay.

BÖLLHOFF shall not be liable for delivery delays due to „force majeure“ events, acts of God or third party default, the delivery deadline or lead time shall be extended by an appropriate amount of time. The Customer will be notified of this without delay. 

In any case BÖLLHOFF shall not be held responsible for delay suffered due to its sub contractors or service providers. For the avoidance of doubt, BÖLLHOFF shall not be liable for late panalties or damages, nor Customer shall be entitled to cancel the order in whole or in part. In the event the Customer cancels his order, all costs engaged until the cancellation date shall remain due. 

However if the delay lasts longer than 4 weeks after the original delivery lead-time, both the Customer and Böllhoff shall each be entitled to terminate the contract.

 

Delivery/shipment shall be made pursuant to INCOTERMS “EXWORKS” from BÖLLHOFF Chambéry/La Ravoire plant. 

 

Pursuant to the EXWORKS INCOTERM, risks are transferred to Customer as of delivery from our plant. Therefore Customer shall take, at its exclusive costs and responsibilities, all steps to insure the goods / items against any damages, loss, theft, fire etc.. 

 

Our products shall be delivered solely within the French territory excluding France's overseas territories and communities.

 

When completing the ordering process, Böllhoff currently offers Customer the possibility to pay by invoice. Other payment methods are not currently possible.

 

VAT shall be charged at the statutory amount applicable on the date of invoice and will be shown as a separate item.

Prices are exclusive of any specific packaging for delivery as may be requested by the Customer for the ordered items. In this case BOLLHOFF shall  submit a specific proposal to be accepted beforehand by Customer .

Price list may be altered or modified by BOLLHOFF at any time without prior notification. Items ordered shall however be invoiced on the basis of the order date. 

 

Unless agreed otherwise, payments must be made (without deduction) within 14 days from the invoice date. 

 

Where an advance payment is to be made, shipment will be made once the full purchase price has been credited on our bank account. Where an advance payment is to be made, we will notify the Customer of our bank details in the order confirmation.

Böllhoff reserves the right to refuse the Customer payment by invoice and to select the advance payment method instead. Böllhoff also reserves the right to refuse the order of a Customer with whom there is a previous dispute, a failure to meet actual or previous payment deadlines or doubts about its creditworthiness/ credit rating.

 

A minimum order value of EUR 75.00 excl. VAT shall apply. As a consequence, Böllhoff shall only process orders and carry out delivery where the value of items in the shopping cart is EUR 75.00 (excluding VAT and shipment costs).

 

Prices may be different depending on the medium or distribution channel. For example, the eShop may display a lower price. Böllhoff is not obliged to adjust the price. Any price reductions apply only to the eShop. Orders not placed via the e-Shop are not eligible for discount.

 

Failure to pay the purchase price at the due date shall constitute a material breach of contractual obligations.

Any invoiced amount which is not paid when due, shall bear an interest equal to the interest rate applied by the European Central Bank to its most recent main refinancing operation plus ten percentage points.

The Customer commits to inspect the goods immediately after delivery, insofar as this is feasible in the ordinary course of business, and, where a defect be in evidence, to report this to Böllhoff in writing without delay. Where the Customer fails to notify us, the goods shall be deemed to have been accepted unless the defect could not be identified during inspection. Where such defect comes into evidence at a subsequent date but no longer than fourteen (14) days  , notification thereof must be made immediately in writing following its discovery; otherwise the goods shall be deemed to have been accepted. After a delay of --- fourteen (14) days-- goods shall be deemed to have been accepted.

 

Any product to be exchanged or repaired shall be returned to BÖLLHOFF in its original condition and packaging and shall include the entire product and its accessories as the case may be. Any product that is uncomplete, damaged, and / or whose original packaging has been damaged will not be taken back or exchanged under the warranty. The shipping costs shall be borne by the Customer. Any risk linked to the return of the product is the responsibility of the Customer.

 

Where the delivered goods are found defective, you are entitled under statutory regulations to demand that such defects be remedied by way of repair or replacement with conforming goods. We shall be entitled to choose the type of remedy to be made. Böllhoff reserves the right to make 2 attempts to provide a remedy. Where the remedy fails or where the Customer cannot reasonably be expected to accept the remedy, you shall be entitled to ask for a discount on the purchase price or, where the statutory requirements are met, to rescind the contract.

 

BÖLLHOFF warrants that the goods purchased conform to BÖLLHOFF specifications and shall be free from any defect in material and workmanship for a period of 12 months from their delivery date provided that the goods have been operated at all times in accordance with the instruction manua/ user guide and fully paid.

 

BÖLLHOFF‘s obligation under this warranty section shall be limited to repair or exchange, at BÖLLHOFF’s option, the goods or any part thereof which are shown to BÖLHOFF’s reasonable satisfaction to have proved defective under the conditions of this article.

 

• used goods ; 
• to the accessories and consumables including but not limited to screws, seals, batteries, cables ;
• to repairs and replacements resulting from normal tear and wear of goods, lack of care, improper use of goods, materials supplied or design requested by the Customer ;
• if BÖLLHOFF determines that a problem is caused during or as a result of shipment/ delivery or relocation ;
• if BÖLLHOFF serial number has been removed or defaced from the goods ;
• if the Customer has opened or dismantled the goods ;
• if goods have not been maintained properly according to user manuals. 

BÖLLHOFF makes no other warranty, express or implied, to the Customer 

 

WARRANTIES HEREIN SET FORTH SHALL BE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

 

Compensation may be due, irrespective of legal reason, to the following extent only:

 

In cases of malicious intent and gross negligence including malicious intent and gross negligence on the part of our representatives or agents.

 

In cases of minor negligence for breach of a major contractual obligation only, and in such case up to a maximum of the predictable loss typically occurring. Major contractual obligations shall mean basic duties and obligations which led the Customer's decision to enter into the contract and the violation of which puts at risk the proper execution of the contract for what the Customer may reasonably expect. We shall not be held liable in any other circumstances.

 

Liability for injury to life, limb or health shall remain and shall apply pursuant to French laws and regulations and to any other mandatory liability under law.

 

For any and all claims and entitlements under Clause 10.1. the statutory limitation period shall apply.

 

Given current technology, data communications via the Internet cannot be guaranteed to be fault-free and/or available at all times. To this extent we do not accept liability for any lack of continuous and uninterrupted availability of our online trading system.

In no event shall BÖLLHOFF be liable to Customer or any third party for any direct or indirect damage, loss of business, profit or turnover whatsoever, even if such damage, loss or prejudice was foreseeable by BÖLLHOFF, or if its eventuality had been brought to its attention.

The Customer hereby declares that he has made all arrangements for the insurance of the goods purchased. Thus the Customer  undertakes, as well as its insurer, to waive any recourse against BÖLLHOFF.

In any case BÖLLHOFF's liability under these Terms and Conditions shall not exceed the sum equal to the sums paid or payable by Customer under the present Terms and conditions of sales.

 

No setting off shall be permitted against payments due to Böllhoff unless the Customer's counterclaim has been established by a court of law or is undisputed by Böllhoff.

The Customer shall only be entitled to exercise a right of lien where his/her/its claim has its basis in the same contract.

 

In accordance with French laws notwithstanding delivery, property of ordered items shall not be transferred to Customer until full price payment. BÖLLHOFF shall claim title on the items  for which a single term of payment has not been paid by the Customer. 

 

Any failure by the Client to fulfill its contractual obligations, in particular violation of his payment obligation authorizes BÖHLLOFF to recover the delivered goods. As a consequence contrat will be rescinded. The recovered good shall be valued commercially, the proceeds of this operation shall  be deducted on the sums due by the Customer, after deduction of a suitable amount for recovery fees.

 

The Customer shall be obliged to handle the items ordered with the utmost care.

 

In cases of seizure or other third party on the sold goods the Customer shall be obliged to inform us immediately in writing. 

 

The Customer shall be entitled to sell the merchandise in the ordinary course of his business. However, he hereby assigns to us the amount of the final invoice total (including VAT) of the receivable due to us all claims accruing to him from the resale to his customers or third parties irrespective of whether the merchandise has been sold on with or without additional processing.

The Customer shall remain empowered to collect this receivable even following assignment. Our authority to collect the claim ourselves shall still remain. However, we undertake not to collect the claim directly as long as the Customer meets its payment obligations and does not fall into arrears and as long as no application is made to open insolvency proceedings or suspend payments. If such conditions are not met, the Customer shall inform us of the assigned claims and their debtors so that he provides all information required for collection and  over relevant documents and  he commits to inform the debtors (third parties) of the assignment.

 

Processing or transformation of the merchandise by the Customer shall in all instances be conducted to our benefit. Where the goods are processed using other items not belonging to us, we shall acquire joint ownership of the new item in an amount equal to the value of the sold goods (final invoice amount including VAT) in relation to the other processed items at the time of processing. All other matters relating to the items produced by means of processing shall be as for goods delivered under transfer of title section.

 

Where the merchandise is inseparably processed with other items which are not our property, we shall acquire joint ownership on the new item in an amount equal to the value of the goods (invoice total including VAT) in relation to the other processed items at the time of mixing. Where the mixing is undertaken in such a way that the Customer's item may be regarded as the main item, it shall be deemed to have been agreed that the Customer shall assign proportional co-ownership to us. The Customer shall retain to our benefit the sole or co-ownership so arising.

 

We undertake to release the pledges/securities upon request of the Customer when the recoverable value of our pledges exceeds the secured claims by more than 10%; the choice of pledges/ securities to be released shall be at our discretion.

 

Data processing shall be carried out in accordance with the gudelines and regulations of the “Commission Nationale Informatique et Libertés” or “CNIL “. For details please refer to our Data Privacy Policy.

 

Böllhoff stores the contract text and the order data and sends the order to the customer by email. The Customer can use the “My Account” function (sub-section “My Order History”) to retrieve previous orders.

 

Invoices are sent out electronically. Delivery is sent by email to the email address specified by the Customer.

The Customer may object at any time to the transmission of invoices in electronic form. In such instance the Customer will be sent an invoice in hard-copy form, but is obliged to bear the additional costs of delivering the hard-copy format.

The laws of France shall apply, specifically excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

Unless agreed otherwise, the place of fulfilment for all obligations arising from the contractual relationship between Böllhoff and the Customer shall be the location in which Böllhoff's main registered office in France.

 

Should a dispute arise out of this Contract and could it not be settled amicably within a thirty day period from the date of a notification dispute sent by registered mail by either party to the other, the relevant Grenoble, France, courts of Justice  shall be competent. Notwithstanding this forum of jurisdiction, BÖLLHOFF shall be entitled to lay the case in front of the Customer’s courts when BÖLLHOFF is the plaintiff.

 

BÖLLHOFF can not be held responsible if the non-execution or the delay in the execution of one of the obligations of the present Terms and Sales is due to a “force majeure” event.

 

The Customer's rights under the contract, with the exception of monetary claims, shall not be transferable.

 

Should an individual provision contained in the contract and in these stipulations be unenforceable in whole or in part, or should they be at odds or conflicting with statutory regulations, the contract and the validity of the remaining provisions shall remain in force. 

 

The unenforceable provision shall be replaced by the Parties hereto, acting in good faith and mutual agreement, by a legally enforceable provision which reaches as close as possible the operational, financial and legal purpose, objectives and intent of the unenforceable provision. The above provision shall apply accordingly to any omissions in the provisions.

 

Any total or partial reproduction of products, web site or medium of advertising and communication of BÖLLHOFF are strictly forbidden.

The brand BÖLLHOFF ® is deposited with the “INPI” in France and in the European territory by BÖLLHOFF. Any copy or attempt of use will be subject to immediate legal proceedings. 

The studies, the plans of definition, process, project management, drawings of execution, sketches, plans of manufacturing, notes and in a general way any written or verbal indications, which are or will be implemented to answer or realize in a request of business will remain the property of BÖLLHOFF, without time limit. As well as all the equipments designed and produced specially for the execution of a business remain the exclusive property of BOLLHOFF, even if the Customer contributed to costs of development.

 

End of the General Terms & Conditions of sales

December 2016