General Conditions of Delivery
These General Conditions of Delivery (“Conditions“) only apply to Entrepreneurs
All deliveries and services provided by SONOSCANNER (hereinafter „Supplier”) are subject to these Conditions as well as any separate contractual agreements, respectively. Any contrary or supplemental conditions of purchase by the Buyer shall not become part of the contract unless specifically agreed upon by the Supplier in This explicit written agreement requirement also applies in particular, if the Supplier delivers to the Buyer without any reservations and fully aware of the Buyer’s purchasing terms.
References to legal requirements are only made for the avoidance of All legal requirements apply even in the absence of such clarifications, provided these legal requirements are not specifically amended or excluded by these Conditions.
Sonoscanner reserves the right to modify, freely and at any time, the General Conditions of Use of " sonoscanner.com ".
Each user connecting to " sonoscanner.com " is invited to regularly consult the General Conditions of Use in order to take note of possible changes. The renewed use of the site as and when these General Conditions of Use are modified constitutes the acceptance, by each user, of the General Conditions of Use in force.
2. OFFER AND ACCEPTANCEAll quotations made by the Supplier are made without obligation, provided they are not specifically characterized as binding.
The Buyer’s order shall be deemed a binding offer of In the absence of any provisions to the contrary on the order form, the Supplier may accept the offer within 14 days of receipt.
The Supplier may confirm acceptance either in writing by issuing an order confirmation or by delivering the goods to the buyer.
Any amendments or addenda to the agreements that were entered into, including these Conditions, must be made in With the exception of managing directors or duly authorized signatories, the Supplier's employees are not authorized to enter into oral agreements that deviate from these Conditions. The written form requirement is also fulfilled by fax transmissions.
3. DEADLINES AND DATES
Any delivery dates provided by the Supplier shall be deemed as approximate, unless the Supplier has specifically guaranteed a fixed deadline or date.
The delivery periods agreed upon commence on the date of the order confirmation. If the parties have agreed upon shipment, the delivery periods and dates refer to the date on which the goods are handed over to the shipper, freight carrier, or other third parties used for transportation.
The sale prices of the products online on the sonoscanner.com site are indicated according to the currency of the country in euros, including tax and excluding delivery costs.
Prices may be changed at any time by SONOSCANNER. The prices shown are only valid on the day the order is placed and are not effective for the future
Unless otherwise agreed upon in writing, all prices stated by the Supplier are ex works including packaging and loading, plus VAT at the applicable rate. The Buyer shall be liable for any other charges, including freight charges, taxes, duties, or other costs associated with the The Buyer shall also be liable for any costs relating to the transfer or registration of the goods in the destination country of the goods.
The products presented on the site "sonoscanner.com ", are valid as long as they are announced and within the limit of available stocks. The availability of products is indicated on the site.
In the event of total or partial unavailability of products after the Order has been placed, the Purchaser shall be informed by e-mail as soon as possible of the unavailability of the product and the cancellation of his or her Order.
In the event of cancellation of the Order: The Purchaser's Order will be reimbursed for the price or the unavailable products as soon as possible and, at the latest, within thirty days of the notification of the unavailability. The refund will be made by the same means that the buyer used to pay for his order.
The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Net surfers and cannot in no way give place to the granting of damages and interests on behalf of the site or its editor.
Provided no provisions to the contrary were agreed, deliveries are made ex Supplier’s factory from Paris, France which is also the place of The place of fulfillment is also the Supplier’s factory, if delivery freight paid was agreed upon. If requested by the Buyer, the goods shall be shipped to a different destination (drop shipment). If not agreed upon otherwise, the Supplier shall be entitled to select the shipment method (in particular shipping companies, type of dispatch, packaging).
The risk of accidental damage or theft is transferred, at the latest, when the goods are handed over to the In the event of drop shipments, the risk of accidental damage or theft, as well as the risk of delays, is transferred to the Buyer at the time the goods are handed over to the shipping company charged with the shipping of the goods. In case the shipment is delayed for reasons the Buyer is responsible for, the risk shall be transferred to the Buyer at the time the goods are ready for shipment.
7. PAYMENTThe Customer can place an order on the jimmyfairly.com web site and pay for it by credit card. The client guarantees that he/she has the necessary authorizations to use the method of payment chosen for the Sales Order.
8. CLAIMS AND WARRANTIES
The Buyer’s claims for defects require that the Buyer has complied with his legal inspection and notification If a defect is found during the inspection or at a later date, the Supplier shall be notified without delay in writing. The notification is considered as having been issued without delay if sent within a period of one week; the time requirements shall be deemed as fulfilled if the notification was mailed during this period of time. Regardless of this inspection and notification obligation, the Buyer shall inform the Supplier of all obvious defects (including incorrectly shipped goods, wrong deliveries or wrong quantities) within one week upon receipt of the goods in writing. In such case, the notification is also considered as having been issued in good time if it is issued within a period of one week; the time requirements shall be deemed as fulfilled if the notification was mailed during this period of time. If the Buyer does not inspect the shipment or notify the Supplier in a timely manner, the Supplier shall not be liable for the respective defect. This provision does not apply in the event the Supplier fraudulently concealed the defect.
If requested by the Supplier, the Buyer shall return the respective item to the Supplier at his own If it is found that the Buyer’s claim was valid, the Supplier shall reimburse the Buyer for the costs of the most cost-effective shipping method. This does not apply, if the shipping costs were higher, because the item was at a location other than the location of its intended use. In this case, the Supplier shall reimburse the Buyer only for the cost of the most cost-effective shipping method from the location of intended use to the Supplier.
The Supplier shall, at his own discretion, either repair the defective goods free of charge or replace The Buyer shall provide the Supplier with the required time and opportunity to do so. If this is not successful, i.e. if the Supplier feels that it is impossible or unreasonable to repair or replace the goods, or if the Supplier refuses to do so or if the Supplier could only do so within an unreasonable delay, the Buyer may withdraw from the contract or lower the purchase price. To protect himself against unreasonably high damages or if the Supplier is in default with remediating the defect, the Buyer shall be entitled to repair the defect himself or to have it repaired by third parties, and to require the Supplier to reimburse him for the required expenses. In this event, the Buyer shall notify the Supplier in writing immediately or, if possible, in advance.
The Supplier’s liability with regard to damages is, regardless of their legal grounds, limited by the following provisions, provided they require the Supplier’s culpability.
The Supplier shall be liable for all damages regardless of their legal grounds in accordance with the legal provisions in the event of intent and gross negligence.
In the event of simple negligence, the Supplier shall only be liable for
- injuries to life, body, and health and
- damages resulting from the violation of essential contractual obligations. Essential contractual obligations are obligations, the fulfillment of which is required for the due execution of the contract, and those for which the Buyer should have reasonable trust and confidence that they shall be Essential contractual obligations are, in particular, the obligation to consign the merchandise on time and free from fundamental defects, as well as the advisory, protective, and custodial care obligations that are to enable the Buyer to use the goods in the contractual manner, or the purpose of which is to protect the health and life of the Buyer's employees from severe injuries or death or to protect the Buyer's property from severe damages; in this case, the Supplier's liability is, however, limited to the replacement of the damages that are foreseeable and typical, if the goods are used for their intended purpose.
The foregoing liability exclusions and restrictions equally apply to the executives, legal representatives, employees, and other vicarious agents of the Supplier.
The liability exclusions and limitations of this Section 8 do not apply
- if the Supplier fraudulently concealed a defect,
- if the Supplier warranted the attributes of a particular merchandise, and
- in terms of the Buyer’s claims under product liability
These cases fall under the Supplier’s legal liability without any restrictions.
10. STATUTE OF LIMITATIONS
The statute of limitations for warranty claims and the Buyer's contractual and non-contractual claims for damages based on defective goods is 12 months upon delivery or, if acceptance is required, upon This provision shall not apply if the application of the normal legal period of limitation would result in a shorter period of limitations. In this case, the legal statute of limitations applies.
Notwithstanding Section 1, the respective legal period of limitation shall apply in case the Supplier fraudulently concealed the defect.
With regard to all other Buyer claims for damages, for which the Supplier shall be liable as per Section 8, only the legal statutes of limitations shall apply.
The statutes of limitations of the product liability laws shall not in any case be affected and are not limited by this Section 10
11. ORDER CANDELLATIONS/RETURNS
In the absence of any legal or contractual reasons to withdraw from or contest an order, the Buyer shall only be entitled to cancel orders or to return merchandise after having obtained the Supplier's respective written approval in advance. The Supplier shall not be obligated to give his approval. If the Supplier approves of the cancellation or return, the Supplier shall be entitled to charge the Buyer for all additional reasonable costs incurred by the cancellation and return.
12. APPLICABLE LAW, JURIDICTION
The laws of the French Republic apply as relevant for the legal relation between parties among each other, with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If the Buyer is an entrepreneur, a legal person subject to public law, or a special asset under public law, the exclusive place of jurisdiction shall be Paris, The Supplier is, however, entitled to file suit against the Buyer at any other competent court.