GENERAL TERMS OF SALE – INTERNET

I)  APPLICABLE TO PROFESSIONAL BUYERS
Effective from 01/01/2024

ARTICLE 1 – PURPOSE

These General Terms and Conditions of Sale (called " GTC ") apply, without restriction or reservation, to all sales concluded by the Seller with professional buyers (" The Clients or the Client ") wishing to purchase the products offered for sale (" The Products ") by the Seller on the website www.neuss.care. The Products offered for sale on the site are as follows :

Sale of furniture, equipment and accessories directly or indirectly related to well-being, medical or paramedical activities.

Any service performed by the company NEUSSCARE and through its website www.neuss.care therefore implies the buyer's unreserved acceptance of these general terms and conditions of sale.

ARTICLE 2 – PRICE

Products are supplied at the current rates shown on the site  NEUSSCARE, upon the order being recorded by the Seller.

Prices are expressed in Euros, excl. VAT (Excluding Taxes).

Prices take into account any discounts that may be granted by the Seller on the site  NEUSSCARE .

These prices are firm and not subject to revision during their validity period but the Seller reserves the right, outside the validity period, to modify the prices at any time.

Prices do not include handling, shipping, transport and delivery fees, which are charged extra, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and handed over to the client upon delivery of the ordered Products.

ARTICLE 3 – DISCOUNTS AND REBATES

The prices offered include the discounts and rebates that the company NEUSSCARE  might grant depending on its results or on the buyer taking charge of certain services.

ARTICLE 4 – DISCOUNT  

No discount will be granted in case of early payment.

ARTICLE 5 – PAYMENT TERMS

The order is paid by secure payment method, under the following conditions :

·           Payment by credit card

·         Payment by bank transfer to the Seller's bank account (details are provided to the Customer when placing the order). 

The price is payable in full by the Customer on the day the order is placed.

However, a payment deadline may be granted to the client  after a study of  their solvency by our insurance partner  client.

In the event of late payment and payment of amounts due by the Client, late penalties calculated at the applicable legal rate on the TTC amount of the purchase price shown on the said invoice, will be automatically and by full right acquired by the Seller, without any formality or prior formal notice.

Late payment will entail the immediate enforceability of the full amounts owed by the Client, without prejudice to any other action that the Seller would be entitled to bring against the Client in this regard.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment terms agreed in the contract, to suspend or cancel the delivery of current orders placed by the Client.

Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorised payment service provider handling banking transactions carried out on the NEUSSCARE website. 

 Payments made by the Client will only be considered final after effective receipt by the Seller of the amounts due.

The Seller shall not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

ARTICLE 6 – TERMINATION CLAUSE

If within fifteen days following the implementation of the "Late Payment" clause, the buyer has not settled the outstanding amounts, the sale will be automatically terminated and may give rise to a claim for damages in favour of NEUSSCARE.

ARTICLE 7 – RETENTION OF TITLE CLAUSE  

The company NEUSSCARE retains ownership of the goods sold until full payment of the price, including principal and accessories. In this regard, if the buyer undergoes restructuring or judicial liquidation, the company NEUSSCARE reserves the right to claim, within the framework of the collective procedure, the goods sold and unpaid.

ARTICLE 8 – DELIVERIES

The availability of the Product is indicated on the NEUSSCARE website. The date or deadline indicated corresponds to the restocking and/or manufacturing time required for the Product. This is the time frame within which the NEUSSCARE site commits to dispatch the Product to the Customer.

After this period, the delivery time of the Product to the Client then applies. This time therefore depends on the delivery method chosen by the Client at the time of placing their order.

The delivery time indicated when the order is placed is given for information only and is not guaranteed in any way. Consequently, any reasonable delay in the delivery of products shall not entitle the buyer to:

·           Compensation for damages

·           Order cancellation.

The risk of transport is borne entirely by the buyer.

In case of missing or damaged goods during transportation, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within five days following delivery.

Deliveries are carried out by an independent carrier, to the address provided by the Client when placing the order and which the carrier can easily access.

In case of a specific request from the Client regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, on a quote previously accepted in writing by the Client.

ARTICLE 9 – FORCE MAJEURE

 

The liability of the company NEUSSCARE cannot be engaged if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale is due to a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

ARTICLE 10 – RIGHT OF WITHDRAWAL  

The professional buyer benefits from a right of withdrawal only within the framework of concluding a contract off-premises.

The right of withdrawal applies if the following 2 conditions are met:
-            The subject of this contract does not fall within the main activity of the professional concerned

-            The number of employees hired is less than or equal to 5. 

Outside these conditions, no right of withdrawal can be granted by the company NEUSSCARE.

ARTICLE 11 –  SELLER'S RESPONSIBILITIES – GUARANTEES

  Products supplied by the seller benefit from the commercial warranty applicable by the supplier and/or manufacturer of the Product. Its existence and duration are specified in the Product description before the order is placed by the Customer. In the absence of details in the product description, the commercial warranty is 1 year.

ARTICLE 12 – COMPETENT COURT  

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.

Failing an amicable settlement, the dispute will be brought before the Albi Commercial Court.

If you have any questions regarding these general terms and conditions of sale, you can contact us:

3 Avenue de la Martelle
81150 Terssac
Metropolitan France
Phone number :  +33 5 31 51 11 40 
Email: contact@neuss.care