General Conditions of Sale

Preamble

The website www.pilbox.com (hereinafter referred to as “the Site”) in its entirety, along with all the rights pertaining to it, is the property of the company STIPLASTICS (Tel. +33(0)4 76 38 08 44, e-mail: contact@pilbox.com), a French société par actions simplifiée registered with the Grenoble Trade and Companies Register under number 333 321 818, whose registered office is at 53, route du port, Z.I. Les Ors - 38160 Beauvoir-en-Royans – France (hereinafter referred to as “STIPLASTICS”). Any full or partial reproduction must be systematically authorized by STIPLASTICS. Hypertext links to the Site, however, are permitted without any special request.

1. Purpose and acceptance of conditions

The purpose of these General Conditions of Sale is to define and govern all the rights and obligations of STIPLASTICS and any non-trade buyer placing an order on the Site (hereinafter referred to as “the Client” and collectively as “the Parties”).

These General Conditions of Sale will prevail over any other conditions shown in any other document, unless expressly agreed otherwise in advance by STIPLASTICS in writing.

The Client acknowledges that they have familiarized themselves with these General Conditions of Sale at the point of placing their order and confirms their unreserved acceptance of them. 

Should any of the clauses in these General Conditions of Sale be declared null and void, the other clauses will remain in effect.

2. Products

The products governed by these General Conditions are those shown on the Site as being sold and dispatched by STIPLASTICS. They are offered subject to availability.

Products are described and shown as accurately as possible, however STIPLASTICS may not be held liable for any errors or omissions that may have occurred in relation to the presentation of the products.

The photographs used to illustrate the products are not contractually binding.

3. Order

Automatic recording systems are deemed proof of the nature, content and date of orders. STIPLASTICS will confirm acceptance of the order to the Client using the e-mail address provided by them. The sale will only take place once the order has been confirmed. STIPLASTICS reserves the right to cancel any order from a client with whom there is an existing dispute regarding payment for a previous order.

The information stated by the Client when placing the order is binding: STIPLASTICS cannot be held liable for its inability to deliver the product if there is an error in the recipient’s contact details.

The Client will be informed by e-mail if the product they have ordered is not available. The order for this product will be cancelled and refunded if necessary, while the rest of the order will be deemed firm and final.

All orders placed with STIPLASTICS via the Site must be intended for the Client’s personal use.

Any full or partial resale of the products is strictly prohibited.

4. Delivery

4.1. Delivery methods

Once the order has been confirmed, STIPLASTICS undertakes to deliver all the items ordered by the Client to its carrier within a maximum of two (2) working days. 

In the case of a so-called cash-on-delivery system, the Client undertakes to pay the carrier or their representative the full sum shown on the order confirmation.

Moreover, for deliveries outside mainland France, the Client undertakes to settle all taxes due on imported products, including customs duties, value-added tax and all other taxes due under the laws of the country where the order is received. STIPLASTICS declines any legal responsibility for taxes not paid by the Client. 
Deliveries will be made by Colissimo in the time slot scheduled by them. Colissimo undertakes to re-deliver the parcel if the recipient is absent. The buyer is not entitled to claim damages for any delay. 
Deliveries within the European Union are made by Colissimo.

4.2 Delivery problems and complaints

The Client must check the condition of the products if the original packaging is damaged, torn or open when they are delivered. If the products have been damaged, the Client must refuse the parcel and write the reason (“parcel refused because open or damaged”) on the delivery note.

The Client must submit any complaints regarding delivery errors and/or non-compliance of the products with regard to product type or quality compared with the information shown on the purchase order to STIPLASTICS on the day of delivery or, at the latest, on the first working day following the delivery.

The Client may choose to submit their complaint either by phone: +33 (0)4 76 38 08 44 or e-mail: contact@pilbox.com.

Complaints not made in accordance with the stipulations above and within the time frame indicated cannot be considered and will release STIPLASTICS from any liability in relation to the Client.

5. Return and refund policy

The Client has 14 working days (from the date of delivery of the products) to return any product not to their liking and request an exchange or refund without penalty, except for return postage costs, which are payable by the Client. In the case of an exchange or refund, the Client must return the product(s) unused in its (their) original packaging, intact and accompanied by any accessories, instructions for use and documentation, to the following address:

STIPLASTICS
53, route du port
Z.I. Les Ors
38160 Beauvoir-en-Royans
FRANCE

No exchange or refund will be offered for any product that has been damaged or whose original packaging has deteriorated.

Refunds will be made within a maximum of 14 days following the date on which STIPLASTICS was informed of the Client’s decision to withdraw. STIPLASTICS may, however, defer the refund until the products have been returned or until the Client has provided proof that the products have been dispatched, whichever of these dates is the earlier.

6. Force majeure

Any circumstances beyond the control of the parties and that prevent them from fulfilling their obligations under normal conditions will be considered grounds to exempt them from their obligations, which will be suspended.
The party that wishes to rely on the circumstances outlined above must notify the other party immediately such circumstances occur and when they no longer apply.
All events or circumstances that are unstoppable, external to the Parties, unforeseeable, inevitable, outside the control of the Parties and which the Parties are unable to prevent in spite of all reasonable efforts that could be made will be considered cases of force majeure. The following are considered cases of force majeure or chance events, in addition to those usually deemed as such in the case law of the French courts: blockages in transport or supply systems, strikes by staff at STIPLASTICS or its suppliers, earthquakes, fires, storms, floods, lightning and the breakdown of telecommunications networks or difficulties specific to telecommunications networks external to Clients.
The Parties undertake to contact each other to examine the situation and agree the conditions under which the performance of the contract will continue. Should the case of force majeure last for more than three months, the contract binding the Parties may be terminated by the first party to take action.

7. Prices

Prices are expressed in euros. 
The prices shown on the Site’s product data sheets do not include transport. 
The price shown on the order confirmation is the final price, shown inclusive of all taxes and VAT for France and EU countries. This price includes the price of the products, product handling, packaging and storage costs, transport and commissioning costs.

8. Payment

The price invoiced to the Client is the price indicated on the order confirmation sent by STIPLASTICS. 
The price of the products is payable in cash on the day the order is actually placed. 
Payment must be made by bank card. 
CYBERPLUS PAIEMENT allows the Client to pay for their order online via a bank server run by LA BANQUE POPULAIRE in a secure environment. OGONE (INGENICO) allows the Client to pay for their order online via a bank server run by LA BANQUE POPULAIRE in a secure environment. 
The order submitted by the Client will only be considered final when all the bank payment centres concerned have confirmed their agreement. In the case of a refusal by said centres, the order will not be approved and the Client notified by e-mail.

9. Guarantee

In the case of a defect affecting an item sold, the burden of proof will be on the Client, who must prove that the defect was present when the product was purchased.
The guarantee offered by STIPLASTICS is limited to a replacement or refund of the defective product.
STIPLASTICS cannot be held liable for material or immaterial harm or bodily injury of any kind, resulting from the incorrect operation or use of the products sold.
Under no circumstances may STIPLASTICS be held liable for non compliance with the regulatory or legislative provisions in effect in the receiving country.
In any case, the Client is protected by statutory guarantees with regard to compliance and hidden defects, the main provisions of which are set out in Annex 1 of these General Conditions of Sale.

10. Statutory information

The provision of personal information collected for the purpose of distance selling is obligatory, insofar as this information is essential for order processing and dispatch and producing invoices and guarantee agreements. Orders cannot be confirmed unless this information is provided. In accordance with the French data protection act (Loi informatique et libertés), the processing of Clients’ personal information has been reported to the French Data Protection Commission (Commission Nationale de l'Informatique et des Libertés – CNIL). The Client has the right to access, modify, correct and delete any information concerning them and can exercise this right by contacting STIPLASTICS. Furthermore, STIPLASTICS undertakes not to communicate its Clients’ contact details to any third parties, except for the purpose of performing the contract, either free of charge or for consideration.

11. Non waiver

The fact that one of the Parties does not rely on a failure by the other party to fulfil one of the obligations set out in these General Conditions may not be interpreted as waiving its right to the obligation concerned in the future or to the application of these General Conditions.

12. Applicable law

These General Conditions are subject to French law, to the exclusion of the provisions of the Vienna Convention. This applies to rules of both form and substance.

13. Disputes

In the case of a dispute or complaint, the Client will first contact STIPLASTICS to reach an amicable solution.
The Client is informed that they may in any case make use of an agreed mediation procedure, with the French Consumer Mediation Commission (Commission de la médiation de la consommation) or any sector-specific mediation bodies or any alternative dispute resolution procedure (such as arbitration) in the case of a dispute.
Any disputes arising from sale transactions entered into under the terms of these General Conditions of Sale concerning their validity, interpretation, performance, termination, consequences and results and which are not able to resolved by STIPLASTICS and the Client will be referred to the competent courts in accordance with the ordinary law.

ANNEX I

Provisions relating to statutory guarantees

Article L211-4 of the French Consumer Code:
“The seller is obliged to deliver a good that complies with the contract and is responsible for any compliance failures that exist on delivery.It is also responsible for compliance failures resulting from the packaging or set-up or installation instructions when it is responsible for these under the terms of the contract or they have been carried out under its responsibility.”

Article L211-5 of the French Consumer Code:
“In order to comply with the contract, the product must:

- Be suitable for the use normally expected of a similar good and, if applicable:

- comply with the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model

- display the qualities that a buyer can legitimately expect in respect of the public declarations made by the seller, by the producer or by their representative, particularly in relation to advertising or labelling

- or display the characteristics defined by the parties by mutual agreement or suitable for any special use sought by the buyer, which has been brought to the attention of the seller and which the seller has accepted.

Article L211-12 of the French Consumer Code:
“Any action resulting from a compliance failure must be brought within two years from delivery of the product.”

Article L211-16 of the French Consumer Code:
“If, during the commercial guarantee period offered to it at the time of a movable good being purchased or repaired, the buyer asks the seller to repair the item under the terms of the guarantee, any period longer than seven days for which the item is unavailable for use must be added to the remaining guarantee period.This period runs from the request for assistance by the buyer or the point at which the item in question is made available for repair, if this falls later than the request for assistance.”

Article 1641 of the French Civil Code:
“The seller is obliged to offer a guarantee against any hidden defects in the item sold that render it unsuitable for its intended use or which limit said use to such an extent that the buyer would not have purchased it, or would have purchased it for a lower price, if it had been aware of them.”

Article 1648 para. 1 of the French Civil Code:
“Any action arising from latent defects must be brought by the buyer within two years from discovery of the defect.”

ANNEX II

Withdrawal form

This form must be completed and returned only if the Client wishes to withdraw from the order placed on the Site:

For the attention of STIPLASTICS, 53, route du port, Z.I. Les Ors - 38160 Beauvoir-en-Royans
FRANCE

I hereby declare that I am withdrawing from the contract for the order of services
below:

- Order placed on "Date"

- Order number: ...........................................................

- Client’s name: ...........................................................................

- Client’s address: .......................................................................

Client’s signature (only if notified on paper):