General terms and conditions of sale and use
1 - ABOUT AT2E S.A.S
AT2E S.A.S, a quality control devices company registered with the Trade and Companies Register of PONTCARRE 77135 under number 350 734 513 00020, markets quality control products broadly and specifically, measurement devices under the brand AT2E S.A.S. AT2E S.A.S uses the website Www.at2e.com for this purpose.
2 - PREAMBLE
AT2E S.A.S invites internet users visiting its website to carefully read the following General Terms and Conditions of Sale and Use (hereinafter referred to as "GTC/TOS"). Placing an order implies acceptance of the GTC/TOS.
The characteristics of the products are indicated on the Website. It is the customer's responsibility to take these into account before making a purchase. The photographs or graphics presented on Www.at2e.com are not contractual.
The customer acknowledges having read and accepted them by checking the box provided before placing his/her order(s) online.
The GTC/TOS govern the conditions under which AT2E S.A.S sells its products to its customers, whether consumers and/or professionals, via its Website.
The GTC/TOS apply to all sales concluded by AT2E S.A.S and prevail over any contradictory document, in particular the customer's general terms and conditions of purchase.
The GTC/TOS are systematically communicated to the customer upon request.
In the event of subsequent modification of the GTC/TOS, the customer is subject to the version in force at the time of his/her Order.
3 - DEFINITIONS
"Customer" refers to the professional or consumer who has placed an order for a product sold on Www.at2e.com.
"Order" means any order placed by the registered internet user on this Site.
"General Terms and Conditions of Sale and Use" or "GTC/TOS" refer to these general terms and conditions of use and online sale.
"Consumer" means the individual buyer who does not act for professional purposes and/or outside his/her professional activity.
"Products" means the tangible things that can be appropriated and that are offered for sale on the present Site.
"Professional" means the buyer, whether a legal or natural person, acting within the scope of his/her professional activity.
"Site" means the present Site, namely Www.at2e.com.
"Company" means AT2E S.A.S, more fully described in Article I herein.
"Internet user(s)" refers to any person using the Website.
4 - REGISTRATION
Registration on the site is open to all legal entities or individuals of legal age and enjoying their full legal and contractual capacities. The use of the site is subject to the registration of an internet user. Registration is free of charge.
To proceed with registration, the Internet user must fill in all mandatory fields, especially a valid email address; otherwise, registration cannot be completed.
Internet users guarantee and declare on their honor that all information communicated on the site, especially during their registration, is accurate and compliant. They undertake to update their personal information from the dedicated page available in their account.
Every registered Internet user has a username and password. These are strictly personal and confidential and must not be communicated to third parties under any circumstances, failing which the account of the registered Internet user in breach will be deleted. Each registered Internet user is personally responsible for maintaining the confidentiality of his/her username and password.
AT2E S.A.S shall in no event be liable for the identity theft of an Internet user. If an Internet user suspects fraud at any time, he/she must contact AT2E S.A.S as soon as possible so that the latter can take the necessary measures to rectify the situation.
Each Internet user, whether a legal or natural person, may hold only one account on the Site.
In the event of non-compliance with the GTC/TOS, particularly the creation of multiple accounts for a single person or the provision of false information, AT2E S.A.S reserves the right to proceed with the temporary or permanent deletion of all accounts created by the breaching Internet user.
The deletion of the account entails the definitive loss of all benefits and services acquired on the site. However, any Order placed and invoiced by the Site before the deletion of the account will be executed under normal conditions.
In the event of the deletion of an account by AT2E S.A.S for breach of the duties and obligations set forth in the GTC/TOS, it is strictly prohibited for the breaching Internet user to re-register on the Site directly, through another email address, or through an intermediary without the express authorization of the Company.
5 - ORDERS
An order can only be placed when the Internet user has registered on the Site. When connected to his/her account, the Internet user can add products to his/her virtual shopping cart. He/she can then access the summary of his/her virtual shopping cart to confirm the products he/she wishes to order and place his/her order by pressing the "Order" button.
He/she will have to provide an address, a delivery method, and a valid means of payment to finalize the order and effectively form the sales contract between him/her and AT2E S.A.S. The completion of the order implies the acceptance of the prices of the products sold, as well as the delivery terms and deadlines indicated on the site.
Once the order has been placed, the Internet user will receive confirmation by email. This confirmation will include a summary of the order as well as relevant delivery information. Placing an order constitutes the conclusion of a distance selling contract between AT2E S.A.S and the customer.
AT2E S.A.S may offer the customer price reductions, discounts, and rebates based on the number of products available on the site ordered or based on the regularity of orders, according to the conditions set by AT2E S.A.S.
6 - PRODUCTS AND PRICES
The products covered by the GTC/TOS are those listed on the site and sold and shipped directly by AT2E S.A.S.
The products are described on the corresponding page within the site, and mention is made of all their essential characteristics. The sale is made within the limits of available stocks of AT2E S.A.S.
The latter cannot be held responsible for stock shortages or the impossibility of selling a product whose stock is non-existent.
When a registered Internet user wishes to acquire a product sold by AT2E S.A.S through the site, the price indicated on the product page corresponds to the price in euros, all taxes included (VAT), excluding shipping costs, and takes into account the applicable and in-force discounts on the day of the order. The indicated price does not include delivery charges, which will be detailed, if applicable, in the summary before placing the order. If the total cost of the products cannot be calculated in advance, AT2E S.A.S will send the customer a detailed estimate setting out the price calculation formula.
Under no circumstances can an Internet user demand the application of discounts that are no longer in force on the day of the order.
7 - PAYMENT TERMS
Unless otherwise specified, all sales are paid in cash at the time of placing the Order.
Payment is made online through the digital tools provided by AT2E S.A.S on its website. A secure connection is established by AT2E S.A.S.
Depending on the nature or amount of the order, AT2E S.A.S remains free to demand a deposit or full payment of the price at the time of placing the order or upon receipt of the invoice.
In case of total or partial non-payment of the products on the agreed date on the invoice, the professional client shall pay AT2E S.A.S a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation, plus 10 percentage points.
The financing operation retained is the most recent one on the date of ordering the services.
In addition to late payment penalties, any sum, including the deposit, not paid on its due date by the professional client shall automatically result in the payment of a lump-sum indemnity of 1000 euros due for collection costs.
In case of total or partial non-payment of the products on the agreed date on the invoice, the consumer client shall pay AT2E S.A.S a late payment penalty equal to the statutory interest rate.
No compensation shall be made by the client between late penalties in the provision of ordered products and sums due by the client to AT2E S.A.S for the purchase of products offered on the website.
The penalty due by the client, whether professional or consumer, is calculated on the inclusive tax amount of the remaining sum due, and runs from the due date of the price without any prior notice being necessary.
8 - DELIVERY
The Products are exclusively delivered in Metropolitan France and Monaco.
AT2E S.A.S undertakes to make all material and human efforts to deliver the products in the best possible time. These may vary depending on the client's geographical area, chosen delivery method, or the ordered product.
In case of exceeding the delivery deadline by 10 days, excluding force majeure, the client may request the resolution of the contract by registered letter with acknowledgment of receipt, after having urged AT2E S.A.S, under the same terms, to make the delivery within a reasonable additional period, and if AT2E S.A.S does not comply.
In this case, the client will be reimbursed within 30 days if payment has already been made.
If delivery is impossible due to an error in the address provided by the client, AT2E S.A.S will contact the client as soon as possible to obtain a new delivery address, and any additional delivery costs will be borne by the client.
Furthermore, AT2E S.A.S cannot be held responsible for reasons related to exceeding delivery times: during peak demand periods, such as the end-of-year holiday periods, for delays caused by force majeure, meaning due to the occurrence of an unforeseeable, irresistible, and independent event beyond its control, or for events solely attributable to the carrier responsible for the delivery.
Delivery is made via Colissimo to the address provided by the client during their order.
Delivery services are invoiced according to the rates in force listed on the AT2E S.A.S website during automatic calculation in the client's shopping cart.
9 - COMPLAINT
For all orders placed on this AT2E S.A.S website, the customer has a right to complain within 15 days from the delivery of the product. It is the customer's responsibility to check the apparent condition of the products upon delivery. In the absence of expressly stated reservations upon delivery, the products are deemed to be in conformity with the order.
To exercise this right to complain, the customer must send a declaration to AT2E S.A.S, at the email address info@at2e.com, expressing their reservations and complaints, accompanied by relevant evidence (signed delivery note by the carrier, photographs, etc.).
A complaint that does not meet the conditions described above cannot be accepted. AT2E S.A.S will repair, replace, or refund the product or its components as soon as possible and at its expense, subject to the material possibility of repairing the product or its availability in stock.
10 - CONSUMER'S RIGHT OF WITHDRAWAL
The consumer has a right of withdrawal within 15 days from placing the order, except for products mentioned in Article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the consumer sends a declaration to the email address info@at2e.com.
The products must be returned in their original packaging and in perfect condition within 10 days from the notification of withdrawal to AT2E S.A.S by the consumer. The direct costs of return are borne by the consumer.
The consumer will be refunded the full amount paid for placing the order within 14 days following AT2E S.A.S's receipt of their withdrawal declaration.
The refund will be made using the same payment method as that used for the purchase.
11 - TRANSFER OF RISK AND OWNERSHIP
AT2E S.A.S retains ownership rights over the products sold until full payment of the price by the customer. Therefore, it may reclaim possession of said products in case of non-payment. In such case, any deposits made will remain with AT2E S.A.S as compensation.
For professional clients, the transfer of risk to the customer occurs upon delivery of the goods to the carrier by AT2E S.A.S. For consumer clients, the transfer of risk occurs upon delivery or upon collection of the goods at the store when the customer has chosen in-store delivery.
12 - LEGAL WARRANTIES
The products sold on the AT2E S.A.S website are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was made under the seller's responsibility.
Article L.217-5 of the Consumer Code: The goods comply with the contract:
If it is suitable for the usual expected use of a similar good and, if applicable, if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model,
If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling,
If it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the latter.
Article 1641 of the Civil Code: The seller is liable for hidden defects in the sold item that render it unfit for its intended use or that so diminish its use that the buyer would not have acquired it, or would have paid a lower price, had they been aware of them.
Any resold product altered, modified, or transformed is not covered by the warranty. The warranty is limited to the replacement or refund of non-compliant products or those affected by a defect.
It is excluded in cases of misuse or abnormal use of the product, as well as if the product does not comply with the legislation of the country to which it is delivered.
The customer must inform AT2E S.A.S of the existence of defects within a period of two years. AT2E S.A.S will rectify defective products to the extent possible. If the liability of AT2E S.A.S is established, the warranty is limited to the net amount paid by the consumer for the supply of the products.
The replacement of products does not extend the duration of the warranty.
13 - MODIFICATIONS
AT2E S.A.S reserves the right to modify the website, the Terms and Conditions, as well as any delivery procedure or other element constituting the services provided by AT2E S.A.S through this website.
When an order is placed, the Internet User is subject to the provisions set forth by the Terms and Conditions in effect at the time of placing the Order.
14 - PROCESSING OF PERSONAL DATA
Registration on the site entails the processing of the client's personal data. If the client refuses the processing of their data, they are asked to refrain from using the site.
This processing of personal data is done in accordance with the General Data Protection Regulation of May 25, 2018.
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the client has the right to query, access, rectify, modify, and object to all of their personal data at any time by writing, by mail and by justifying their identity, to the email address info@at2e.com.
These personal data are necessary for processing their order and establishing invoices if applicable, as well as for improving the site's functionalities.
15 - SHARING OF COLLECTED DATA
The site may use third-party companies to perform certain operations. By browsing the site, the client agrees that third-party companies may have access to their data to ensure the proper functioning of the site. These third-party companies only have access to the collected data within the framework of performing a specific task. The AT2E S.A.S website remains responsible for processing this data.
Furthermore, the Internet User may therefore receive information or commercial offers from AT2E S.A.S or its partners.
The Internet User may at any time oppose the receipt of these commercial offers by writing to the email address info@at2e.com, or by clicking on the link provided for this purpose within the received emails.
Furthermore, client information may be transmitted to third parties without their prior express consent in order to achieve the following purposes:
Compliance with the law and protection of any person against serious bodily harm or death, combating fraud or harm to AT2E S.A.S or its Internet users.
Protection of the proprietary rights of AT2E S.A.S.
16 - DATA PROTECTION
AT2E S.A.S ensures an appropriate level of security proportional to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation of May 25, 2018.
However, these measures do not constitute a guarantee and do not engage AT2E S.A.S to a result obligation concerning data security.
17 - COOKIES
To enable its Internet users to benefit from optimal navigation on the site and better functioning of the various interfaces and applications, AT2E S.A.S may place a cookie on the Internet user's computer. This cookie allows storing information related to browsing on the site, as well as any data entered by the Internet users (including searches, login, email, password).
The Internet user expressly authorizes AT2E S.A.S to deposit a file called 'cookie' on the Internet user's hard drive.
The Internet user has the option to block, modify the retention period, or delete this cookie via the interface of their browser. If systematic disabling of cookies on the Internet user's browser prevents them from using certain services or features of the site, this dysfunction cannot constitute damage to the member who cannot claim any compensation as a result.
18 - LIABILITY
AT2E S.A.S cannot be held liable for the unavailability, whether temporary or permanent, of the website, and although it implements all its means to ensure the service is always available, it may be interrupted at any time. Furthermore, AT2E S.A.S reserves the right, by voluntary act, to make the site unavailable in order to carry out any update, improvement, or maintenance operation.
As mentioned earlier herein, AT2E S.A.S cannot be held liable for delivery delays for reasons beyond its control, independent of its will, unforeseeable, and irresistible or for which fault cannot be attributed to it.
19 - INTELLECTUAL PROPERTY
The brand, logo, and graphic charter of this site are registered trademarks with the INPI and intellectual works protected under copyright, of which the ownership belongs exclusively to AT2E S.A.S.
Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of AT2E S.A.S will expose the infringer to civil and criminal proceedings.
20 - JURISDICTION CLAUSE
The law governing the Terms and Conditions is French law. Any dispute that may arise between AT2E S.A.S and an Internet user during the execution of these terms will be subject to an attempt at amicable resolution. Failing that, disputes will be brought to the attention of the competent courts of common law.
21 - ACCEPTANCE OF TERMS AND CONDITIONS
The Client or Internet user expressly accepts the Terms and Conditions. They declare to have read them and waive the right to rely on any other document, including their own general terms of purchase.
The consumer acknowledges having been informed of the information provided for in articles L.111-1 to L.111-7 of the Consumer Code, including: the essential characteristics of the product; the price of the products; the date or deadline by which AT2E S.A.S undertakes to provide the service; information regarding the identity of AT2E S.A.S (postal, telephone, electronic contact details); information regarding legal and contractual guarantees and their implementation methods; the possibility of resorting to conventional mediation in the event of a dispute; information regarding the right of withdrawal (deadline, exercise methods).
22 - MEDIATOR'S CONTACT INFORMATION
Mediator for Cooperative and Associated Commerce:
Mediator's address
Mediator's telephone number
Mediator's email address