(Updated 11/07/2010)
ARTICLE 1 - IDENTITY OF THE VENDOR
SURG-OPTICAL, limited company, variable capital of €10,075.
Registered office: 23/25 rue Jean-Jacques Rousseau 75001 Paris.
Company and Trade Register Paris: 512 855 321 / SIC Code: 4646Z / Intra-community VAT no.: FR87512855321.
Customer service: info.scandi@surg-optical.com or SURG-OPTICAL, 23/25 rue Jean-Jacques Rousseau 75001 Paris.
After-sales service: service@surg-optical.com or SURG-OPTICAL, 23/25 rue Jean-Jacques Rousseau 75001 Paris.
ARTICLE 2 - INFORMATION ON SPECIFICITY OF PRODUCTS OFFERED
2.1 – The products offered for online sale consist of medical-surgical devices specifically for endoscopic surgery. They are thus intended for the exclusive use of professional health practitioners (individuals or companies) who are specifically qualified for endoscopic operations and fully informed on the use and utilisation of each instrument.
2.2 – All the drawings, photographs and diagrams on the SURG-OPTICAL Internet websites are protected worldwide under copyright as intellectual property. Their reproduction or commercial utilisation, even partial, is strictly forbidden except by prior written agreement with the company SURG-OPTICAL.
ARTICLE 3 - GOVERNING LAW
The governing law between the parties is French law.
ARTICLE 4 - RELEVANT JURISDICTION
FOR ALL DISPUTES RELATED TO SALES BY SURG-OPTICAL AND THE APPLICATION OR INTERPRETATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE, THE TRIBUNALS IN THE PLACE OF THE REGISTERED OFFICE (PARIS) OF THE COMPANY WILL HAVE SOLE JURISDICTION, EVEN IN CASES OF GUARANTEE CLAIMS OR A MULTIPLICITY OF DEFENDANTS.
ARTICLE 5 - FIELD OF APPLICATION
- The General Terms and Conditions of Sale will apply to all sales on the Internet websites (www.surg-optical.com / .fr / .eu), between the company SURG-OPTICAL (hereafter referred to as "SO") and its professional clients (hereafter referred to as the "Client"). SO reserves the right at any time to modify the current General Terms and Conditions of Sale, subject to such modifications being displayed on its Internet websites.
ARTICLE 6 - GEOGRAPHIC LIMITS OF DIRECT SALES VIA THE INTERNET
6.1 – The direct online sale of products by SO is only available and accessible to individual clients resident in countries where SO is the sole agent of Shenda and Tian Song products; i.e. France, Sweden, and Denmark. Shenda products only are available in Algeria, Morocco and Tunisia.
6.2 – Clients resident in countries outside those stated above who wish to place orders may address enquiries to customer service at SO by e-mail (info.scandi@surg-optical.com), or by post (SURG-OPTICAL, 23/25 rue Jean-Jacques Rousseau 75001 Paris).
ARTICLE 7 - PRICES
7.1 – Prices are stated in Euros exclusive of taxes and shipping charges, and are payable in this same currency.
7.2 – The exchange rate of the Euro is fixed at 6.55957 FF.
7.3 - SO reserves the right to modify prices without previous notice. The same applies to cases of change to legislation or regulations that have financial or fiscal impact. However, products will be invoiced on the basis of the tariff applicable at the time of registration of the order, subject to their availability.
7.4 – All information relating to the availability of products may be subject to modification by SO. It is thus only provided as guidance.
7.5 – For shipment of goods in mainland France (including Monaco and Andorra), invoicing will be on the basis of prices including all taxes (i.e. VAT at 19.6%), with shipping charges added (see article 8).
7.6 - For shipment of goods to French overseas territories (DOM/COM), to Denmark and Sweden, or Algeria, Morocco and Tunisia, invoicing will be on the basis of prices excluding taxes, with shipping charges added (see article 8).
7.7 – Customs duties for importation and/or other local taxes will be paid directly by the client to the carrier or the relevant customs authority.
7.8 – Any promotional prices shown on the SO Internet websites are only valid for the time period indicated (dates and times of start and end of promotion).
ARTICLE 8 - SHIPPING CHARGES
8.1 – Products are shipped using postal services as an intermediary (rate R5 fixed compensation for loss or damage), by registered mail in mainland France and French overseas territories, by international parcel for other destinations in the exclusive SO zone (Denmark, Sweden, Algeria, Morocco and Tunisia), with a gross weight limit of maximum 10 kg irrespective of the destination.
8.2 – Shipping charges do not include customs duties and/or other local taxes payable.
8.3 – Shipping charges are fixed rates and vary according to the final destination:
- Mainland France: €19,30
- Guadeloupe, Martinique, French Guyana, Réunion, Mayotte, Saint-Pierre
and Miquelon, Saint-Martin, Saint-Barthélemy: €47,40
- New Caledonia, French Polynesia, Wallis and Futuna: €91,60
- Denmark, Sweden: €35,90
- Algeria, Morocco and Tunisia: €53,55
ARTICLE 9 - ORDER TAKING, MAXIMUM VALUE OF ORDER
9.1 – Once an Internet client has filled in an order form and has confirmed this by clicking on the buttons "I have read and I accept the general terms and conditions of sale" and "Confirmation of my order" this constitutes a full acceptance without reservation of the order taking, as well as the General Terms and Conditions of Sale, which will be applicable to the contract thus agreed on.
9.2 – An acknowledgement of receipt of order summarising the references, quantities, prices per unit excluding VAT, and the total amount of the order including VAT and shipping charges will be sent to the client to confirm its registration by SO.
9.3 - SO reserves the right to stop an Internet order placed by a client who is in dispute over payment of a previous manual order.
9.4 – For Algeria, Morocco and Tunisia, in compliance with the customs regulations in force in these countries, the total value of the order excluding shipping charges may not exceed €1,500 excl. VAT.
ARTICLE 10 - PAYMENT FOR ORDERS
10.1 – Orders placed online will be directly settled by credit card (Carte Bleue, Visa, Mastercard) using the payment system Merc@net of the Bnp Paribas bank, ensuring secure online payment.
10.2 -10.2 – The information registered by the payment system Merc@net is proof of the entire commercial transaction (identity, type, address, date) and financial data (mode and amount of payment) between SO and its clients.
ARTICLE 11 - RIGHT OF ACCESS TO PERSONAL INFORMATION
11.1 – The use of the online purchasing procedure necessitates the collection of personal information regarding identity, address, bank address and information on the nature of operations carried out. This information will not be exchanged or made available by SO to any third party, and will be used solely for internal administration and the fulfilment of legal obligations and regulations.
11.2 – In compliance with article 39 of the Law of 6 January 1978, amended in 2004, relating to data protection, files and freedoms, this information is subject to right of access by the client by contacting customer service at SO (info.scandi@surg-optical.com).
ARTICLE 12 - TIME PERIOD FOR DELIVERY BY SO
12.1 – After registration and online payment of the order, the goods will be delivered within a maximum of five weeks, unless otherwise indicated, as clearly stated on the product sheet and quoted during order taking.
12.2 – As soon as the goods are cleared for delivery by SO the client will receive confirmation of shipping, specifying the time limit of receipt.
ARTICLE 13 - TIME PERIOD FOR COLLECTION BY THE CLIENT, UNILATERAL BREACH OF CONTRACT OF SALE
13.1 - The client undertakes to collect the goods from the postal services within the maximum time period stipulated by the latter (14 days after notification). Once this time period has elapsed, SO will consider the order cancelled and the contract of sale breached unilaterally by the client.
13.2 – In the case of unilateral breach of contract by the client, in addition to the return shipping charges for the goods, SO will have the right to charge compensation for loss corresponding to 25% of the value of the order excluding VAT – with a fixed minimum charge of €100 - deducted from the sum to be reimbursed to the client.
13.3 – After return shipping charges have been deducted, and compensation for loss if applicable, SO undertakes to repay the remaining balance to the client within 30 days of the date of return of goods to the registered office of the company SO.
ARTICLE 14 - DELAYS IN DELIVERY, LOSS OF GOODS, REPAYMENT
14.1 - SO will make every effort to give an exact delivery date, but it remains an indication rather than a commitment.
14.2 - A delay in delivery does not authorise the client to refuse the goods, cancel the purchase, demand repayment for shipping charges, or bring action for any damages or interests.
14.3 – Nevertheless, it is agreed that if the goods have not been delivered to the client within the above time period for any reason other than force majeure (see article 15), the sale may be cancelled on the initiative of one of the parties after informing the other party in writing (by e-mail or registered mail with acknowledgement of receipt). SO will then reimburse the client within 30 days. SO may not be held liable for the delay in delivery and no further demand for indemnity or compensation will be granted to the client.
14.4 – In the case of loss of goods by the carrier, the purchaser must inform SO in writing (by e-mail or registered mail with acknowledgement of receipt) that the goods have not been received. No repeat shipping or repayment will take place during the period of investigation carried out by the carrier (sometimes up to one month). Not until confirmation is received from the carrier that the goods are lost will SO proceed to either arrange a new shipment of goods or repay the purchaser within 30 days.
ARTICLE 15 - CASES OF FORCE MAJEURE
15.1 - SO may not be held liable in damages for unforeseen events beyond its control, including fire, flooding, disruptions in the supply of goods or spare parts originating from the factories of Shenda or Tian Song, failure of computer systems, or any type of strike, partial or total, that may prevent the regular functioning of the company, such as transport strikes or postal service strikes.
15.2 – The occurrence of a case of force majeure will result in the temporary suspension of contractual obligations on the part of SO towards its clients.
15.3 – As soon as the situation returns to normal, SO will inform its clients of the date of the end of the temporary suspension of its contractual obligations towards them.
ARTICLE 16 - FAULTS IN CONFORMITY OF THE GOODS
16.1 – The goods are shipped at the risk of the client, who is responsible for inspecting their good condition at the time of delivery (if need be, he should write a reservation describing the condition on the delivery note of the carrier, of which one copy is kept as proof and sent within 48 hours to SO by e-mail or registered mail with acknowledgement of receipt). The inspection must cover the quality, quantity, references of the goods and their conformity with the order placed. No complaints will be accepted after a time period of eight days from the date of delivery.
16.2 – Should there be a recognized fault in conformity of the goods, which is notified within the above time period, the goods will be replaced or repaired without any further reimbursement or compensation of any kind.
ARTICLE 17 - TIME PERIOD OF GUARANTEE
17.1 – Products sold by SO, with the exception of so-called consumables (electrodes, H.F. cables, lamps, etc) or articles intended for single use are guaranteed for one year, covering parts and labour, for all faults or defects of manufacture subject to their utilisation and/or installation being compliant with the directions of use and recommendations supplied by the manufacturer.
17.2 – By way of example, but by no means being exhaustive, the following are excluded from the scope of application of the guarantee: faults and deterioration caused by wear, poor maintenance, shocks, use of inappropriate consumables, etc.
ARTICLE 18 - RIGHT OF CANCELLATION BY A PRIVATE CLIENT
18.1 – Within the framework of orders placed by Internet, the articles L. 121-20 et L. 121-20-1 of the Consumers' Code state that the consumer has a time period of seven whole days in which to exercise the right of return, without any justification or penalties except the return charges. The time period runs from the date of receipt of the goods.
18.2 – If the right of cancellation has been exercised, SO undertakes to repay the client within 30 days of the date of cancellation, provided that the returned product has been received by SO and that it has NOT been used (this includes wetting, sterilization, soiling, marking, impact, various traces; this list is not exhaustive) and thus rendered unfit for sale.
18.3 – The right of cancellation does not apply to purchases made by a company.
ARTICLE 19 - AFTER-SALES SERVICE
Our after-sales service is at your disposal for all technical and practical questions for which you require a response. Please do not hesitate to contact us by e-mail (service@surg-optical.com), or by post (SURG-OPTICAL, 23/25 rue Jean-Jacques Rousseau 75001 Paris).
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