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1- Order
1-1. Any order can be recorded by preference on our website but also sent by fax, mail or telephone. It is regarded as valid and is accepted by COMODO so far as:
- its sender is clearly identified,
- its payment can be regarded as valid and not questionable.
- it falls under the conditions stated below.
1-2. The receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. COMODO reserves the right at any time after receipt of your order to accept or decline your order for any reason.
1-3. In addition, any order of an amount higher than 7 500 € must be confirmed by mail or by fax by the Customer and, will only be considered as validly acquired after written confirmation from Comodo.
2- Prices
2-1. The prices mentioned in our shop are quoted including all taxes (Value Added Tax -VAT- included, at 19,6 % rate) and FOB our warehouse. They do not include the forwarding/delivery costs, nor the ancillary costs as, for example, cost of against-refunding or bank charges.
2-2. The invoice is established net of taxes for the countries abroad French territory, with load for the purchaser to regulate the VAT directly in the country or the territory of delivery.
2-3. In reference to article 121-18 5° from the Code of Consumption, the validity date of our prices is indicated in our SHOP and any customer can take note of it while going there directly.
2-4. Prices and descriptions, when they form integral part of a Purchase order pre-established , recorded on our website and coming from the SHOP, engage the contracting parts in a formal way.
2-5. Apart from this order form, and for any order placed differently, the conditions of price, delays and descriptions could be only those taken again on an Acknowledgement of Delivery sent to the Customer by in parallel established company COMODO or on any offer or estimates and mentioning the aforementioned conditions.
2-6. For all prices, products and offers, COMODO reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
3- Terms of payment
3.1. Excepted in exceptional case and contrary stipulation with preliminary acceptance duly written on behalf of COMODO, the goods are payable by cash and must be regulated and credited with the account with COMODO before forwarding or, at the latest, with the delivery.
4- Delivery period
4-1. The delay mentioned in the SHOP Alarme-Piscine.com are indicated sincerely by COMODO but do not engage the company. However, if it seems that the indicative period were not to be able to be respected, COMODO is committed warning of it the Customer in the 4 business days according to the sending of its order in order to allow him the cancellation of it. In continental France, the average starting time of the warehouse of COMODO for a marked article AVAILABLE is in the 2 to 3 working days which follow the acceptance of the order. In the event of nonrespect of the time indicated initially in the SHOP the Customer has the choice, either to accept the new delay, or to cancel his order in his entirety or partially. In this case, and at the latest in the 3 working days according to the request of the Customer, company COMODO is committed refunding the totality of the versed sums which it will have paid, deduced if necessary from the value of the goods for which the request for delivery will have been maintained. If, in agreement with the Customer, the delivery were to be the two distinct forwarding object, COMODO would take responsibility for its the cost of the second forwarding.
4-2. In the case of articles ordered together but being the subject of indications of different times, forwarding is regarded as front to be done grouped as soon as the various articles are available in the warehouse of company COMODO. A partial delivery is possible on request express of the Customer, with load for him to accept forwarding in port due for any delivery whose billable value would be lower than 100 € including all taxes. For the values beyond 100 € including all taxes, the expenses of this forwardings will be dealt with by company COMODO.
4-3. For any article whose time would not have been mentioned, and of a unit amount higher than 457,35 € including all taxes (3 000 F), the maximum time of delivery is 4 months. d) For the products nonavailable in stock, the delivery periods run starting from the cashing of the payment, except contrary convention. For the articles sent in against-refunding or with payment to the delivery, the deadlines run from the acknowledgement of delivery of the order. Conditions of forwarding. The contractual participation requested from the customer for the transport charges is defined by considering a delivery in the 3 to 4 working days to the maximum following the day of forwarding for Continental, Corsica France and Monaco and 8/10 days for France of Overseas. The small sendings, such as contacts and accessories, are done by ordinary fast mail. The sendings EXPRESS TRAIN are exclusively carried out in carriage costs due.
5- Warranty informations
5-1. Warranty of return
5-1.1 if, without having to justify the reason of it, the Customer is not satisfied with the received goods, it has a 7 clear days deadline to exert its right of retractation and to turn over the goods while preserving at its load the expenses of return. Company COMODO will refund to him in this case the bought goods made deduction of the carriage costs that it will have engaged in this operation. The 7 clear days deadline takes fixe day bill of reception of the goods. CONDITION: refunding will be carried out only in measurement where packing will be turned over intact and that the material will not have made the object of a disassembling, an installation and/or a misuse or connection, nor undergone the least deterioration because of the Customer. If it were different refunding made deduction of the cost of reconditioning and/or that of a repairing would carry out if celle(s)-Ci avère(nt) nécessaire(s). The guarantee of return and refunding is not exerted with regard to the sales which are the subject of personalized services and/or modification/adaptation of the market product.
5-1.2. Return except legal time: it may be that in certain exceptional cases company COMODO accepts, for reasons left with its only appreciation and without it having to be justified some, the return of goods. In this case, and provided the product is absolutely intact and recommercialisable in the state, refunding will be done on the basis of price of the product invoiced made deduction of a fixed price equivalent to 10% of its value of its value intended to cover the whole of the expenses engaged by its return (Administrative and commercial, vehicle inspection, handling and handing-over in stock).
5-2. Commercial guarantee:
5.2.1 all the goods have a one year guarantee, parts and labour. This guarantee would not apply in the event of use nonin conformity of the apparatus with the functions for which it was conceived, nor in the event of disassembling, even partial of whole or part of its elements that there is, or not, deterioration of the product. Concerning the products on which is affixed a label of guarantee with date of manufacture, enlévement of this label, its destruction, or any deterioration letting suppose that the product was opened, makes lose the right to guarantee. The liability all effects and/or consequences are expressly excluded bound directly or indirectly to a bad power supply, shocks or overpressures or consecutive with a deterioration, or a consequence of deterioration, piles, batteries or accumulators. This guarantee is extended up to 3 years for certain apparatuses according to conditions and procedures mentioned specifically for each one of them.
5-3 Legal Warranty
in any event and in conformity with the terms of Art. R.211-4 of the Code of Consumption the legal guarantee of the consequences of the defects or hidden defects automatically applies without limitation in time
5-4 . Repair under warranty
With the choice of company COMODO any breakdown service or rémise in state under guarantee could be done either by repair or by standard exchange of the material. The Customer will have with his load the expenses of sending of the material at company COMODO while this one will turn over the material to the Customer to his expenses by the usual means of use in the company. The forwarding and carriage costs during the guarantee period remain with the load of the customer if it wishes an EXPRESS TRAIN transport.
5-5. Batteries warranty : batteries and accumulators, chargers or power supply units is limited to 1 YEAR in all circumstances. SIGNIFICANT: the supply of the PILES by our care is comparable with a "service" excluded from our guarantee, with load for the customer to be turned over itself near the manufacturer to take advantage of his rights to guarantee.
6- Responsibility.
6-1. In the connection of the market products, company COMODO is held with a legal obligation of means and to in no case of result. This same obligation of means applies at all the stages of the order and the responsibility for company COMODO could not be committed for all damage, disadvantages or damages undergone like because of use of Internet network, intrusion external or presence of data-processing virus and, in a general way, of done everything qualified of cause beyond control according to allowed situations' in Jurisprudence. Not carrying out an installation and not being informed of the places and the conditions, material, human or physical, in which the delivered material and/or equipment are installed or used, the obligations nor the councils of COMODO would not know, to in no case, compared to an obligation of result.
7- Conformity of the products to the laws, standards and rules appliable in France.
COMODO takes an attentive care to make sure that the products which it markets are in conformity with the applicable laws, regulations, standards and payments in France. To this end, company COMODO is worried near the manufacturers so that their products are quite in conformity with the French regulation and if necessary request with the manufacturer to attest it. However, company COMODO could not be held to in no case for person in charge for erroneous declarations, of good or insincerely, of the aforesaid manufacturers, in particular for apparatuses which company COMODO would not be able to control or to test by average techniques usual. By accepting these general conditions of sale, the Customer gives up any recourse against company COMODO in this respect; the Customer making his personal deal, if necessary, of any direct recourse against the manufacturer to put forward his damage. With regard to the other countries that France or the DOM, it is up to the customer to be ensured under his own responsibility for the requirements specific to the laws and the regulation for its country and of conformity for the products to these requirements.
8- Means of payment.
All the means of payment are possible, including the payment made safe by Blue Carte. Nevertheless, the means of payment recommended surest are: either the payment by credit transfer with the credit of company COMODO according to banking co-ordinates' indicated in the purchase order, or a delivery in against-refunding. Taking into account the variety of the means of payment placed at the disposal of the Customer, company COMODO could not be held for person in charge in the event of fraudulent or random use by others or the holder himself, of any means of banking payment per cheque or bank card from which it would be brought to profit in all good faith; perceived sums remaining to him sure within the limits of the prèsentes general conditions and insofar as the order would have been dispatched. In the case of payment by bank card, the attention of the Customer is drawn more particularly to the fact that a sale will be regarded as perfect and validates, and its payment exigible without any right to recourse from its share for refunding of the versed sums and this some is the reason, was it for fraud, since the two following conditions are met: on the one hand, supply on line of the number of bank card with the use of the system of protected payment placed at its disposal by company COMODO, on the other hand, forwarding with the Customer of the order object of this payment. The execution of this process qualifies the validation of the order and the express train agreement of the Customer on these essential conditions. In the event of cancellation of order after a payment by Bank card validated, and insofar as this cancellation results from an error or an ascribable change of opinion to the customer and that it involves a refunding of the sum perceived by company COMODO, this refunding is carried out made deduction of a percentage of 2% correspondent to the bank charges supported wrongfully by company COMODO. This last provision relates to only the only payments with Bank card.
9- Refusal of delivery.
Without having to justify the reason of it, company COMODO reserves the right to refuse the delivery or the forwarding of any order in the event of fear as for the good end of the payment when it is carried out differently than by credit transfer or against-refunding. inter alia, as justified fear of risk of nongood end of the payment any negative appreciation will be regarded, or holds, on behalf of any organization qualified for this purpose. In this case, company COMODO will accept the customer order only with payment, according to circumstances', either in a way anticipated by credit transfer before forwarding, or in Postal against-refunding.
10- Installments.
On certain lines of goods nonavailable in stock during the ordering, company COMODO can be brought to claim with the Customer an installment on the order. The cashing by company COMODO of this installment will be regarded as a first payment to be worth on the purchase, the balance being to pour with the delivery. One is reminded that an installment involves a reciprocal obligation: for the customer, the solid buy and final of the goods and for company COMODO obligation to provide the goods. The orders with payment of installment escape the provisions of the paragraph "Delivery period above".
11- Clause of reserve of property.
In accordance with the Law of May 12, 1980 COMODO remain the owner of the goods until they have been fully paid by the Customer. With defect of the payment of the price COMODO will have the right to take again the totality of the delivered things or to carry out a partial recovery in the event of incomplete payment. The risks and the expenses of possible recovery are the responsibility of the purchaser who will have to into force undergo moreover a penalty at the legal rate of interest in the event of nonpayment until the day of return of the goods or his possible payment. The purchaser will support however only the responsibility for the things delivered as well as the risks of loss or degradation. The sale will be solved automatically however good seems to the salesman and the versed installments (if it is necessary) will remain to him acquired n the other hand pleasure of the goods from which the purchaser will have profited or to cover the possible losses with the resale.
12 - Arbitration
The transactions carried out by COMODO (Comodo-Comod'Alarm-Comod'Home) are regarded as raising exclusively of the Laws, Usages and Rules from French Law. COMODO is committed also respecting all the provisions of the Code of Consumption concerning the remote sale which would supplement nondefinite points above. In the event of litigation, and if the customer has the quality of tradesman, the Commercial court of Montauban will be declared like qualified, failing this the Commercial court of Toulouse or concerning its Court of Appeal, not onobstant a plurality of defendants and some is the nature of the exerted action. This attribution of competence is not applicable if the customer does not have the quality of tradesman.
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