Arcadis – T.O.E. Concept®

6 et 6a rue Girlenhirsch

Z.A. sud – BP 90150

67404 ILLKIRCH CEDEX

Tel: +33(0)3 88 55 33 00

E-mail: info@toe-concept.com

 

ARTICLE 1 - SCOPE OF APPLICATION

The present terms and conditions of sale which constitute the basis of the commercial negotiation cannot be cancelled or modified, regardless of the clauses which may appear in the documents of the buyer, and notably its terms and conditions of purchase, over which the present terms and conditions of sale prevail, in conformity with the provisions of article L. 441-6 of the Code of Commerce.

In conformity with the regulations in effect, these terms and conditions of sale are systematically provided to each buyer that requests them to allow him/her to place an order with the seller.
The present terms and conditions of sale apply without restriction or reserve to each and every sale made by Arcadis – T.O.E. Concept® to buyers wishing to purchase the products for sale by the seller on its website www.toe-concept.com.

This website is accessible 24 hours a day 7 days a week, except during periods of closure for maintenance or repairs or uncontrollable events.

 

These terms and conditions of sale are accessible at any time on this website and prevail over any other version or contradictory document which might exist.

 

These general terms and conditions of sale apply to every service offered by Arcadis - T.O.E. Concept®. They can be modified at any time by Arcadis - T.O.E. Concept®.

 

ARTICLE 2 - PRICES

2.1           - The price of our products are expressed in British pounds (incl. tax) but exclude the charges for shipping and handling. Prices, however, cannot be changed after confirmation of the order.

2.2           - All orders are payable in British pounds.

2.3           - Arcadis-T.O.E. Concept® reserves the right to modify its prices at any time. The products are billed on the basis of the processes in effect at the time that the orders are recorded, subject to availability.

 

ARTICLE 3 – ORDERS - VALIDATION

3.1           - Arcadis-T.O.E. Concept reserves the right to refuse any order from a customer with whom the company has an existing dispute regarding payment for a previous order. All orders are deemed as acceptance of the prices and descriptions of the products available for sale.

3.2           - The information provided by the buyer at the time of order placement represent its commitment: in case an of error in the address information of the recipient, Arcadis-T.O.E. Concept® may not be held responsible for the impossibility of delivering the product(s).

3.3              - The ordering process is made up of a number of steps during which you must validate a detailed summary of your order. By clicking the "Confirm" button, you confirm your order and accept the entirety of these terms and conditions of sale without reserve, including the retention of ownership clause and the assignment of jurisdiction clause as mentioned respectively in articles 9 and 14. This confirmation and all computer data recorded by Arcadis T.O.E. - Concept® are considered to be proof of our transactions.
3.4             - Arcadis - T.O.E. Concept® will send you, per order and by e-mail, two notifications "being prepared" and "shipped".
 

The sale will be considered to be complete after the sending of the acknowledgement of receipt of the order by Arcadis - T.O.E. Concept®.

 

3.5           - Articles labelled POLICE-GENDARMERIE-DOUANE (Police – State Police – Customs) are strictly reserved for the personnel of these institutions. Arcadis-T.O.E. Concept® will not be held liable in any way in case of non-conformity with regulations.

 

ARTICLE 4 - AVAILABILITY OF THE ARTICLES

Our products on offer are subject to the availability of stocks.

 

If, despite our efforts, products are unavailable after your order has been placed, we will inform you of this as quickly as possible by email or by letter. You may then ask to cancel or exchange your order by writing to: info@toe-concept.com.

 

ARTICLE 5 - DELIVERY

DELIVERY TO THE UNITED KINGDOM

The products are delivered to the address that you indicated when placing your order. The delivery includes the product(s) ordered, packed, and a detailed invoice. The average delivery timeframe is 72 hours (business days). For items with a unit value of £500 incl. tax, the delivery time may be up to 8 days. The timeframes indicated are an estimate and correspond to the timeframes for processing and transport for products being delivered to the United Kingdom. They do not constitute mandatory timeframes. Arcadis-T.O.E. Concept® will not be held liable in case of late delivery or if items are out of stock.

We ship items free of charge for all orders over £150 incl. tax.

 

DELIVERY OUTSIDE THE UNITED KINGDOM

For shipment to overseas departments and territories or international destinations, since the shipping charges may vary depending on the country of destination, weight and manner of transport, it is preferable to contact us beforehand at: info@toe-concept.com or Arcadis-T.O.E. Concept® - 6 et 6A rue Girlenhirsch Z.A. sud - BP 90150 - F-67404 ILLKIRCH CEDEX.

The customer is required to verify the condition of the merchandise upon delivery and to express any dissatisfaction to the transporter. In case of receipt of a damaged package, this must be mentioned on the delivery slip of the transporter and Arcadis-T.O.E. Concept® must be notified within 72 hours (business days). Beyond this timeframe, the delivery and the products shall be deemed as conform and free from all defects. In case of obvious defects or non-conformity of the products delivered, duly observed by Arcadis-T.O.E. Concept®, the customer will be able to obtain a free replacement or refund of the products, at the discretion of Arcadis-T.O.E. Concept®, excluding compensation or damages.

 

Every order shipment is followed by a confirmation email containing the references for tracking the parcel.

 

ARTICLE 6 – PAYMENT

The prices are payable upfront and in one single transaction by credit card only.

 

Only bank cards with the symbol CB, VISA or MASTERCARD issued in France or within the international networks and approved by EIG Bank Cards are accepted.

 

In all cases, the online input of the credit card number and the final validation of the order will be considered as proof of the entirety of the before-mentioned order in accordance with the law passed on the 13th March 2000.

Our website is equipped with a security system. In order to protect all sensitive data in the most efficient way possible, we have put in place the SSL encryption regulation and the 3D SECURE security system which both guarantee a high level of banking security.

 

ARTICLE 7 – RIGHT TO RETRACTATION - PRODUCT RETURN

Modalities

 

If an item does not suit, simply return it at your own expense by post within the period of 14 days after receipt of your parcel to the following address:

 

Arcadis - T.O.E. Concept®

6 et 6A, rue Girlenhirsch

Z.A. sud – B.P. 150

F-67404 Illkirch Cedex

 

Of course, the item must be new and have not been used. We simply ask for it to be returned in its original packaging, along with a copy of the delivery slip or the invoice and for the reason for the return to be mentioned. Also specify if you are requesting a refund or an exchange. Excluding the case of an error on our behalf for which the cost of the return at the rate base of the company Arcadis-T.O.E. Concept® are paid for, these fees and any other risks are always at the purchaser’s expense.

 

All product returns must be formally agreed between the seller and the buyer. Any product returned without this agreement shall be made available to the buyer and shall not result in a credit note. No returns will be accepted after the 14 day period following the date of delivery.

Returned goods must be accompanied by a return slip and must be in the condition in which it was delivered by the seller.

 

Consequences

All returns accepted by the seller will either be exchanged or reimbursed to the buyer after qualitative and quantitative verification of the products returned; returns which are not conform with the above procedure shall be sanctioned by the loss for the buyer of the sum that he/she has paid.

 

ARTICLE 8 - WARRANTY

All articles are subject to a contractual warranty, which does not present an obstacle to the legal warranty specified by articles 1641 et al of the Civil Code or the obligation of delivery of an article that conforms, as specified by the order of 17th February 2005.

The articles are under warranty for one year or according to the specifications of the product, starting from the invoice date, against any defect of materials or manufacturing.

The invoice and/or delivery slip provided with your order serve as the warranty. A copy must imperatively be attached if returning an article; Arcadis -T.O.E. Concept® will examine the returned product and if the customer claim is covered by the present contractual guarantee, Arcadis- T.O.E. Concept® agrees to replace the product free-of-charge by the same article or by a comparable article.

Lastly, the contractual warranty does not apply: - in case of inappropriate use or modification of the product - in case of voluntary damage by the customer – if the product has undergone external damage such as a fall, shock, fire, etc.

 

Article L.211-4 of the Consumer Code

The seller is required to deliver a product that conforms to the contract and to respond to any breach in conformity which exists upon delivery of the product.

The seller must also answer for any breaches in conformity resulting from the packaging, assembly instructions or installation, when this has been placed under their responsibility by the contract, or been carried out under their responsibility. 

 

Article L.211-5 of the Consumer Code

To conform to the contract, the item must:

Be in proper working order for the function for which it was originally intended and, if necessary:

-              correspond to the description provided by the seller and have the qualities that were presented to the buyer in the form of a sample or model;

-              present the qualities that a buyer may legitimately expect given the public declarations made by the seller, by the manufacturer or by their representative, notably in the advertising or on the label

 

Or:

-              present characteristics defined by common agreement by the parties, or be adequate for the type of special use required by the buyer, expressed clearly to the seller and accepted by the latter.

 

Article L.211-12 of the Consumer Code

The action resulting from the breach in conformity expires two years starting from the date on which the product was delivered.

 

Article 1641 of the Civil Code

The seller is obligated to honour the guarantee in the case of hidden defects in the item sold which render it incapable of being used for its intended purpose, or which significantly diminish its capacity to be used in this manner, to the extent that the buyer would not have acquired the product, or would have only paid a lower price, had he/she been aware of the defects.

 

Article 1648, line 1 of the Civil Code

The action resulting from the unacceptable product defects must be filed by the buyer within the two year period following discovery of the defect.

 

ARTICLE 9 - RETENTION OF OWNERSHIP

Arcadis-T.O.E. Concept® retains full ownership of the products sold until effective payment of the full price in principal and related charges.

The present clause of retention of ownership does not present an obstacle to the transfer of risks to the customer upon delivery of the products. As a result, upon delivery, the products are placed under the responsibility of the customer who then bears all risks related to loss or damage and takes out all suitable insurance for this purpose.

By express agreement, Arcadis-T.O.E. Concept® may apply the rights that it holds under the present clause of retention of ownership for any one of its claims, for all the products in the customer’s possession, with these latter parties being contractually presumed as being those that are unpaid, and Arcadis-T.O.E. Concept® will be able to take them back or reclaim them as compensation for all of these unpaid invoices, without prejudice to its right to cancellation of the sales in progress.

 

ARTICLE 10 – CONDITIONS OF USE OF THE WEBSITE

10.1 – Intellectual property

 

This website is intended to be for personal, non-commercial use. Users are allowed to browse and view the content of the website and the information available from this website on their computer. Also, all items displayed on our website (logos, photographs, products, texts, graphic charts...) protected by the code of intellectual property and by the Civil Code are the property of Arcadis - T.O.E. Concept®. Therefore, none of these elements may be be represented, downloaded, reproduced, transmitted, translated, sold, exploited commercially or for free or be reused in any way whatsoever; as a result, all information used must match the original images and always be presented with the corresponding logos.

All items shown in our catalogue (logos, photographs, products, texts, graphic charters...) protected by the Intellectual Property Code and by the Civil Code are the property of Arcadis-T.O.E. Concept®.

As a result, none of these items may be represented, downloaded, reproduced, transmitted, translated, sold, exploited commercially or free-of-charge, or reused in any manner whatsoever; as a result, all items used must correspond to their original images and be imperatively presented with their corresponding logos.

 

10.2 – Responsibility

 

The website and its contents are accessible “as shown” to the user. Despite the care taken by the website team to correct any errors, inaccuracies and/or imprecisions and to prevent the installation of any viruses, the website team cannot fully guarantee the accuracy and reliability of all or part of the website content. The user acknowledges and agrees that the use of the website is at his own risk.

 

ARTICLE 11 – RESPONSABILITY

 

11.1         - Arcadis-T.O.E. Concept® cannot be held responsible for damages of any kind, including property damage, consequential losses or bodily harm, which could result from misuse of the articles sold. Arcadis-T.O.E. Concept® assumes, with respect to the customer, the liability related to the products delivered, in conformity with regulations in effect.

11.2         - The photographs and text reproduced and illustrating the products presented are not contractual. Arcadis-T.O.E. Concept® cannot be held liable in case of an error in one of these photographs or one of these texts.

11.3         - Arcadis-T.O.E. Concept® may not be held responsible for the non-fulfilment of the contract established in case of stock shortages of products or force majeure. Force majeure includes all cases recognized by jurisprudence, perturbation or total or partial strikes of the postal service and means of transport and / or communication, floods, fire...

11.4         - Articles labelled POLICE-GENDARMERIE-DOUANE-SAPEURS-POMPIERS (Police – State Police – Customs – Fire Services) are strictly reserved for the personnel of these institutions; in application of article 433-14 of the Penal Code, the following acts are punishable by a year of imprisonment and a fine of 15,000 euros for any person, publicly and without the right:

1° To wear the attire, uniform or decoration regulated by the public authority;

2° To use a document which justifies a professional capacity or an insignia regulated by the public authority.

As a result, the wearing of articles labelled POLICE-GENDARMERIE-DOUANE-SAPEURS-POMPIERS (Police – State Police – Customs – Fire Department) or indicating the performance of such a function, as with the case of those indicating the performance a military function, is strictly reserved to the personnel of these institutions.

ARCADIS - T.O.E. CONCEPT® cannot, under any circumstances, be held responsible for the unlawful of fraudulent use of these articles.

In case of inspection, the company will have to provide the competent authorities with the identity of the buyers of these articles.

Knives and daggers are 6th grade classified weapons that could be constituted as dangerous to the security of the general public. According to article 46-1 (of the Decree from May 1995), the purchase of 6th grade classified weapons or parts of weapons by anyone under the age of 18 is illegal. It is therefore also illegal for anyone under 18 to carry a knife or dagger on their person.

 

ARTICLE 12 - NOMINATIVE INFORMATION

In an effort to protect your private life, Arcadis-T.O.E. Concept® handles all personal information with the strictest confidentiality. We only request the information that is required (last and first name, address, and email address) for the proper processing and follow-up of your order. This information is reserved for Arcadis-T.O.E. Concept®.

In conformity with the law on information and freedoms of 6th January 1978, you have the right to access, modify and oppose the personal information which concerns you. To do so, you must make an online or a written request by indicating your last name, first name and address to:

 

E-mail: info@toe-concept.com

Arcadis-T.O.E. Concept®

6 et 6A rue Girlenhirsch

Z.A. sud - BP 90150

F-67404 ILLKIRCH CEDEX

 

ARTICLE 13 - APPLICABLE LAW - EVENTUAL DISPUTES

The present contract is subject to French law.

In the event that a dispute arises from the present contractual relationship, the parties agree to seek an amicable solution before taking any legal action.

 

The website server is located in France but this website is accessible worldwide. Since each country may have laws that differ from French laws, users accept without reserve that the simple fact of ordering a product and/or browsing the website subjects them to French laws. In the event of a dispute arising from this contractual relationship, the parties undertake to seek an amicable solution before taking any legal action.

 

ARTICLE 14 - ASSIGNMENT OF JURISDICTION

Any disagreement related to the application of the present terms and conditions and of their interpretation, execution or of the contracts of sale established by Arcadis-T.O.E. Concept® or of the payment shall be referred to the District Courts of STRASBOURG, regardless of the location of the order, of delivery, or payment, the manner of payment, even in the case of the involvement of third parties or multiple defendants.

Bills of exchange neither novate nor waive this clause of assignment of jurisdiction. 

The assignment of jurisdiction is general and applies in the case of a principal request, a related request, an action related to a substantive matter or interlocutory proceedings.