General conditions of sale for tubeo.com

1.1 - PREAMBLE

You are currently connected to one of the sites administered by the company INSIDE OUT. The purpose of this document is to inform you about tubeo.com and its general conditions of online sale (Contractual Conditions). You must read the following provisions carefully, because they constitute an electronic contract establishing the general conditions of sale of the tubeo.com electronic store. The “Double-click” that you execute after completing your order form constitutes validation of it and will constitute irrevocable acceptance of these Contractual Conditions when your order has been validated.
Accordingly, you can only order products and/or services if you accept all the conditions provided below. The Internet user (natural person having the capacity to contract) and the company INSIDE OUT are hereinafter referred to as "the parties", and individually "the party".

1.2 - DEFINITIONS

In this contract, each of the expressions mentioned below will be understood in the sense of its definition, namely:
- “society”: Inside Out
- “distance contract”: any contract concerning the ordering of products and/or services concluded between the company (*) and a customer (*) as part of a remote sales or service provision system organized by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- “client”: any natural person who, in this contract, acts in a private capacity or as a representative of a legal entity and who has the right to contract.
- “order form”: document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by “double click” (*) to commit him.
- “order”: act by which the customer undertakes to purchase products and/or services and the company (*) to deliver and/or provide them to him.
- “product”: good sold or service provided by the company.
- “double click”: reiteration of the validation of the Purchase Order by the customer.
A purchase order completed and validated for the first time is never taken into account without confirmation from the customer. This confirmation can be made by means of a check box indicating acceptance of the Contractual Conditions, or by an order confirmation message.

1.3 - COMPANY

Tubeo.com is part of the INSIDE OUT group.

Name: SARL INSIDE OUT
- SIRET: 750918112 00012
- NAF: 4690Z
- Intracommunity VAT: FR 61 750918112
- Address: Echiol, 07240 Saint Apollinaire de Rias.
- Telephone: 04 34 11 24 58
- Email address: contact@tubeo.com

1.4 - PURPOSE

This contract is an electronic distance selling contract which aims to define the rights and obligations of the parties in the context of the sale of products offered by tubeo.com. In this sense, it complies with current French regulations, namely:
- Law 2004-575 known as the Law for Confidence in the Digital Economy.
- Law 2008-3 of January 3, 2008 for the development of competition for the benefit of consumers.
- Recommendation No. 07-02 of the Commission on Unfair Terms, relating to movable sales contracts concluded over the internet. It also complies with OECD recommendations in the field of electronic commerce.

1.5 - PROTECTION OF MINORS

Our company attaches particular importance to the protection of minors in the context of its online commercial activity. Although minors can act alone in cases where the law or custom authorizes them to act alone (art. 389-3 c. civ.), and this in particular for purchases of low value, it seems essential to us to try by all means to verify that the customer has the power to contract. To this end, we may ask any customer placing an order on our site to prove their capacity to contract, in compliance with the obligations linked to Law 78-17 as amended. In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise their legal representatives to rescind (cancel) the sale under article 1305 of the Civil Code.

1.6 - PRODUCTS

The products offered by tubeo.com are presented on the sites in French. Any national of the European Community and countries respecting directive 95/46/EC cannot claim their lack of linguistic knowledge as a clause for cancellation of the contract. The products offered for direct sale on tubeo.com are those which appear on the tubeo.com site, on the day of consultation of the said site by the Internet user, and within the limits of available stocks. The illustrations presented on the site reflect the products on sale there, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colors of the Internet user's screen, etc.).
Due to the specific nature of the Internet network, the company does not guarantee the availability of all products in real time on its site. In the event of temporary or permanent unavailability of one of the products, the company will inform Internet users through its site or by sending an email to a valid email address provided by the customer. The company will then offer you the replacement of the product ordered with an equivalent product (quality and price), or a credit, or to exercise your right of cancellation (cancellation of your order).

1.7 - PRICE

Product prices may be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on tubeo.com.
In the event of an obvious typographical error, leading to the display of a "low price", the sale may be canceled, as mentioned in the article "Execution of the order". The prices mentioned are in Euros (€), presented inclusive of tax and include costs related to order processing. Delivery rates are the responsibility of the customer, unless otherwise stipulated during the ordering process.
The different delivery options (accompanied by their prices) are presented during the ordering process and specified during the summary thereof. Payment of the entire price must be made no later than delivery of the products, unless otherwise specified during the order process and mentioned on the invoice. In the event of delivery of products outside French territory, customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise indicated. The Customer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.

1.8 - MEANS OF PAYMENT

Payment for orders is mainly made by 3 distinct means:
- Cash online, by credit card (Immediate order validation).
- By bank transfer (Order validation 24/48 hours).
- By check addressed to headquarters (Order validation 7 days).
No discount will be granted in the event of early payment.
In the case of payment by check, production is only started after receipt of the payment document and validation from the bank.

1.9 - RIGHT OF WITHDRAWAL

For items that are not personalized, private label product, unit or BOX (BOXes must be returned complete), the non-professional buyer has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs.
This period starts from receipt of the ordered goods. When the fourteen-day period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day. The products must be returned in new condition and in their original packaging. Otherwise, all costs of restoring the product would be the responsibility of the buyer.
For so-called personalized or consumable items (tube, elastic, powder-coated product, interclamp brand fitting, etc.), the buyer does not have the right of withdrawal because the products are made to measure at the customer's request.
For returns of private label products where the order amount is > €2,000 excluding tax, a discount will be applied of around 15%.

1.10 - RIGHT OF RESOLUTION

In accordance with article L. 121-20-3 of the Consumer Code, we will indicate to you when you order the maximum delivery date. In the event that this delivery date is exceeded by 7 working days (except in cases of force majeure within the meaning of the Law), you will have the option of canceling your order by Registered Letter with acknowledgment of receipt within 60 days following the initial delivery date. In this case, we will reimburse you for the full amount paid (excluding any return costs), and this within a maximum period of 30 days following receipt of your LRAR.

1.11 - EXECUTION OF THE ORDER

The company reserves the right to refuse the order for a “legitimate reason” (in the sense defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, impossibility of performing the service, abusive request from the customer, presumption of impossibility for the customer to contract or even clear intention on the part of the customer to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a "low price", at the time of the order placed by the customer. In the case of a difference in interpretation between "low price" and "low price", concerning the price displayed on the website at the time of the customer's order, the latter may request the intervention of a third party, as provided for in the article "Applicable law". The order will be executed at the latest within a period not exceeding 7 days from the expected date of delivery of the product or service mentioned in the order subject to acceptance thereof by the company.
For deadlines concerning different types of services (personalization, etc.), please contact us. An invoice will be automatically sent to the customer when ordering. This will be sent to the email address indicated by the customer when ordering, unless otherwise indicated on their part.

1.12 - LEGAL GUARANTEE

The customer benefits from a contractual guarantee on the products supplied by the company. This guarantee is displayed on tubeo.com and its duration varies depending on the category of products ordered. Additional warranty services may be offered to you depending on the products ordered. Their scope of application and pricing will be specified to you during the ordering process.
In accordance with articles L 211-4 et seq. of the Consumer Code, as well as articles 1641 and 1648 of the Civil Code, the Internet user also benefits from a guarantee allowing him to return defective products delivered. · Article L211-4 consumer code The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. Article L211-5 consumer code.

To comply with the contract, the property must:

1 - Be suitable for the use usually expected of a similar good and, where applicable: - Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; - Present the qualities that a buyer can legitimately expect with regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 - Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 Consumer Code, Action resulting from lack of conformity is prescribed two years from delivery of the goods. Article 1641 civil code, The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have only given a lower price, if he had known about them. Article 1648 al 1st civil code Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Responsibility: INSIDE OUT is responsible for the proper execution of the obligations resulting from the contract concluded remotely, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against them.
INSIDE OUT cannot be held responsible for non-performance of the contract concluded following the occurrence of a force majeure event (within the meaning provided for by law) and in particular in the event of a total or partial strike of postal services, carriers, and disasters caused by floods or fires.
This limitation of liability also applies to the non-performance of said contract, due to the unforeseeable and insurmountable action of a third party unrelated to the provision of the planned services. With regard to products purchased to satisfy professional needs, INSIDE OUT will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, damage or costs, which may arise. The choice and purchase of a product or service are the sole responsibility of the customer.
The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the liability of INSIDE OUT, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal.

1.13 - ECO-PARTICIPATION

Under study.

1.14 - PERSONAL INFORMATION

The information requested from the Customer is necessary to process his order and may be communicated to the company's contractual partners (accountants, lawyers, etc.).
They may also be transmitted to any competent authority for the settlement of disputes between the company and one of its clients. The customer can consult in our “data protection” section, the characteristics of the processing of personal data used via the tubeo.com site. The customer can also exercise his rights of access, rectification and opposition according to the terms mentioned in the “Data Protection” and “legal notices” sections of the company.

1.15 - DOUBLE CLICK AND PROOF

The “double click” associated with the procedure of authentication and non-repudiation of the customer when ordering and acceptance of these Contractual Conditions constitutes validation of the order and conclusion of the contract, in accordance with the provisions of article 1369-5 of the Civil Code. The computerized records, kept on the company's servers as well as on the servers of its banking establishments, will be considered as rebuttable (refutable) presumptions of communications, orders and payments between the parties.
Under no circumstances will the company record telephone conversations between a member of the company and one of its clients or prospects. In the case of subcontracting their customer service, the company undertakes to prohibit their partner responsible for implementing this service from such recordings, including as part of a “service improvement”.

1.16 - SPECIFIC CONDITIONS FOR SALE ON QUOTE

Without prejudice to the provisions referred to in these general conditions of sale, the following specific conditions are provided for in the event of sale on quotation.

A - Quote:
INSIDE OUT undertakes to send a free quote within 48 hours to any person who requests one via the contact form available on the site or by email to contact@tubeo.com. The quote will describe in detail the service to be performed, the delivery time, the payment terms (online payment, bank transfer or check) and delivery, as well as the total cost of the service.

B - Revision of prices:
Prices are free and may be revised at any time without justification. But the prices applied to the customer are those in force at the time of signing the quote. They remain valid for one month from the date of issue of said quote.

C - Command:
Signing the quote accompanied by the handwritten “good for agreement” formula constitutes unreserved acceptance of the quote and these general conditions of sale. The start of the service will take effect upon receipt of this signed order form and payment. The customer is responsible for the veracity of the elements provided and their communication to INSIDE OUT in due form. A delay in delivery or the transmission of incomplete or defective documents will result in a postponement of the execution time, or even an increase in the quote or a cancellation of the order. Any modification of the order by the customer will result in a new quote.

D - Deadlines:
The delivery time mentioned on the quote is given as an indication and without guarantee. It starts from receipt of the signed and approved quote. INSIDE OUT undertakes to do everything possible to respect the deadline indicated, but cannot be held responsible for a delay in the event of force majeure or a serious problem. A delivery delay cannot under any circumstances give rise to a refund. The customer will then have the option of accepting a new deadline or canceling their order.

E - Confidentiality:
INSIDE OUT undertakes to keep confidential any information communicated by the client in the context of carrying out the service. Unless otherwise stated when establishing the quote, the customer authorizes INSIDE OUT to display his name and the nature of the work carried out in his references.

F - Email communication:
INSIDE OUT communicates mainly by email for reasons of speed of communication, INSIDE OUT is not responsible in the event of non-reading of their emails by the customer, in the event of an email filtered by the customer's email account or Internet access providers, or any other filter, or even more generally any other problem linked to the delivery of an email which would be outside the jurisdiction of the INSIDE OUT company.
INSIDE OUT is not responsible in the event of an incorrect email address transmitted by the creator of a customer account.

1.17 - ARCHIVING OF DOCUMENTS

The archiving of transaction data is carried out on a reliable and durable medium, in accordance with article 1348 of the French Civil Code. It is therefore carried out in compliance with the AFNOR Z 42-013 standard relating to the design and operation of computer systems with a view to ensuring the conservation and integrity of the records stored in these systems.

1.18 - ENTIRE CONTRACT

These general conditions express the entirety of the obligations of the parties. No general or specific conditions communicated by the Customer may be incorporated into these general conditions, except in the event of prior agreement between the parties prior to the conclusion of the contract.
The fact that the company does not take advantage of a breach by the Client of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question. The company reserves the right to adapt or modify these Contractual Conditions at any time. In the event of modification, the Contractual Conditions in force on the day of the order will be applied to each order. The company will also keep on its servers all time-stamped versions of the Contractual Conditions.

1.19 - RESERVATION OF OWNERSHIP

The products delivered to the customer remain the property of the company until the contract has been fully executed. On the other hand, the transfer of risks takes effect upon actual delivery of the products and/or services ordered on the electronic store. The documents provided to the client are governed by the Intellectual Property Code. They therefore remain the property of the company. It is therefore prohibited to reproduce, transfer, or exploit the documents provided without the consent of the company.

1.20 - RESPONSIBILITY AND OBLIGATION TO ENGAGE A PROFESSIONAL

All elements sold by the company INSIDE OUT must be assembled and fixed by a professional who fulfills all the legal obligations in force at the time and place of assembly.
The professional must have the appropriate skills, training, equipment and tools and knowledge of the standards and formalities in force (for example: guardrail standard.. request for prior authorization, etc.).
INSIDE OUT cannot be held liable for damage resulting from assembly by a non-professional or assembly with undersized elements and/or inadequate fixings.

1.21 - GENERAL PROVISIONS AND APPLICABLE LAW

These General Terms and Conditions are divisible, in the sense that the nullity of one of their clauses cannot entail the nullity of all the clauses which constitute them, and which will continue to produce their effects between the parties.
Consequently, the fact that one of the parties does not invoke one of the clauses does not constitute a waiver of the right to rely on the other clauses of these General Terms and Conditions. This contract is subject to French law, in accordance with European directives. This is the case for both the substantive rules and the formal rules.
In the event of a dispute which arises between the Parties regarding the validity, execution or interpretation of the Contract, the Parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution. From the date of receipt of the letter notifying the existence of a dispute, the Parties will have a period of three months to attempt to end it amicably. During this period, each Party refrains from taking legal action against the other Party.
This amicable dispute resolution procedure constitutes a mandatory prerequisite to the initiation of legal action between the Parties. Each Party therefore undertakes to respect its terms under penalty of inadmissibility of the legal action brought in violation of this clause. Failing to have noted in writing their mutual agreement to the extinction of the dispute at the end of this three-month period, each party will again be free to assert its rights in court.
In accordance with the provisions of articles 46 to 48 of the NCPC, the French courts will have sole jurisdiction. In the event of a dispute, the commercial court of the Ardèche bar (France) will have jurisdiction, but the non-commercial Customer may also contact the competent court under common law.

1.22 - DELIVERY

Information regarding dimensions, delivery times, prices and delivery company is available in the “delivery information” section. Once the product is ready, it is handed over to the carrier for the time period chosen by the customer when establishing the quote or purchasing it.
Upon receipt of your order and before the carrier's departure:
- You must open it and verify it, both with regard to the conformity and quantity of the products.
- To this end, you will sign a delivery or transport slip.
- You will be able to issue the necessary reservations, detailed, legible, as precise as possible in the event of anomalies noted (breakages; damage; non-compliance: Product error, different color and/or dimensions; missing items, etc.).
In this case, you will have to refuse delivery of the package. You will confirm your reservations to us either by email to the following address contact@tubeo.com or by telephone to the following number: 04 34 11 24 58 (non-premium rate number), clearly specifying the order number concerned within 3 days, not including public holidays, following delivery.

In the event of proven non-compliance or if INSIDE OUT agrees on a commercial basis to take back your product, the new shipment of the products concerned will be made within the limits of stock availability. Failing this, we will cancel the unavailable product and refund it.
In the case of an accepted delivery that you consider to be non-compliant, a study of your request will be made for which we thank you for sending us a photograph of the product that you consider to be non-compliant to the address contact@tubeo.com .

Please note: In the absence of reserves or in the event of insufficient reserves, we reserve the right to refuse the return, exchange or refund of your products. As soon as you have signed the delivery slip, without specific reservation, the responsibilities of the carrier and tubeo.com will be released for any damage caused during delivery operations. Please note that the words “subject to unpacking” or “risk of missing part” have no legal significance and cannot relieve the customer of their duty to check the condition of the delivered goods.

If the delivery person does not give you time to check the condition of the goods (quality and quantity), for whatever reason, you must specify this on the transport slip and have the driver countersign. In the absence of specific reservations on the delivery slip, the goods will be considered as delivered in conformity.
For large packages, plan to be reachable and with backup because in the company's transport contract it is stipulated that the package is left by the carrier at the customer's address but not in front of the door. Of course in most cases the help of the carrier is observed but depending on its schedule and its directives it is not required to do so.

“All reproduction rights of these general conditions of sale and legal notices are reserved to the Cabinet of Maître Timothée VIGNAL”

Tubeo.com
Online sale of tubular fittings.