The present general conditions of sale are concluded from one part by:
MedTek-Corporation S.A.R.L. of social capital 20 020 Euros , duly matriculated at the Register of Commerce and Companies of Roubaix-Tourcoing under the number 505206763, hereinafter referred to as "MedTek-Corporation".
And from the other side by:
Any physical or corporate person desiring to proceed to purchase, hereinafter referred to as "the buyer".
The present conditions of sale aim to determine the contractual relations between MedTek-Corporation and the buyer and the applicable conditions on any purchase to be carried out through the merchant site of MedTek-Corporation.
The property acquisition through the present site involves the acceptance without any reserve by the buyer of the present conditions of sale.
Such conditions of sale shall be preponderant to any other general conditions or particularities not expressly agreed by MedTek-Corporation.
MedTek-Corporation shall reserve the right of modifying such conditions of sale at any time. In such case the applicable conditions shall be those in force at the date of the buyer's order.
2. Prior offer and Orders
2.1 The validity of the offers of MedTek-Corporation shall be limited up to 30 calendar days.
2.2 The orders may be made by fax, e-mail or postal mail. The order confirmation shall include the acceptance of the present conditions of sale, the acknowledgment of being perfectly aware and relinquish of prevailing any proper purchase condition or otherwise.
2.3 MedTek-Corporation shall confirm the order by writing. If the buyer does not inform of his eventual observations within seven days following the confirmation date, he shall be considered accepting the contents thereof.
3. Price and Delivery
3.1 All our prices are considered Tax free.
3.2 Our price list may be modified at any time needless any prior notice depending on the price increase of our suppliers, on the rate fluctuations of the raw material, transport and currencies.
3.3 Deliveries are be considered Franco as from 300 Euro HT. Under 300 Euro HT, the register postal fees shall be invoiced without increase for small quantities nor packing fees.
4. Delivery period and Transport
4.1 Deliveries are made to the indicated address on the order voucher.
4.2 The delivery periods and transport of MedTek-Corporation are given as for indicative purposes. According to article L.442-6-1 8˚ of the French Code of Commerce, passing such periods shall not cause any damage and interest allocation or indemnification of whatsoever kind or the termination of the contract or refusal of the order.
4.3 Risk is at the buyer's account from the moment the products leave the premises of MedTek-Corporation In case of any damage during transport, the motivated protestation must be formulated to the carrier within three days from the delivery date.
5. Reception and Control
Any claim of any defect or hidden vice must be notified by registered letter with acknowledgment of receipt under pain of losing such right. The registered letter should be served within eight days following the delivery date to the head office of MedTek-Corporation indicating precisely the claimed defect.
6. Return of Goods
6.1 The sold goods may not be returned or exchanged unless prior written approval of MedTek-Corporation.
6.2 The returned goods must be postage paid.
6.3 Dispatches shall be invoiced if they are not returned within fifteen days following the delivery in their new and original packing.
7.1 Unless written stipulation, the invoices of MedTek-Corporation shall be payable within thirty days of the date of the goods reception.
7.2 Failing to pay at the maturity date, the invoice amount issued by MedTek-Corporation shall be tacitly increased needless any prior notice of an indemnity equal to one time and half the legal interest rate. The increase shall be computed on the basis of the TTC amount of the invoice with a minimum of 25 Euro.
8.1 Any invoice that did not be subject of any written claim served by registered mail to MedTek-Corporation within fifteen days of the reception date of goods shall be considered accepted.
8.2 It is expressly agreed that the buyer may not suspend his payments in case of any dispute between both parties.
9. Property Reserve
The property of the sold goods remains to MedTek-Corporation until the full payment of the order amount. MedTek-Corporation shall reserve its right to retake the goods until full payment of the order amount.
10. Resolution and Cancellation
In case of sale of goods by MedTek-Corporation and of resolution or cancellation of such sale by the buyer after the acceptance of the order voucher, the buyer shall pay to MedTek-Corporation damages equivalent to 40% of the amount of the order price plus the VAT inclusive.
11. Risks transfer
The goods of MedTek-Corporation are sold "Ex Works". Risks transfer shall be in force immediately upon the goods are at the disposal of the buyer at his exploitation office.
Delivery is carried out by the direct remittance to the client, whether by the delivery of goods at the exploitation office to the transporter or carrier selected by MedTek-Corporation.
12.1 All the supplied products by MedTek-Corporation enjoy the legal guarantee stipulated by articles 1641 and following of the French civil code.
12.2 In case of non conformity of any sold product, it may be returned to MedTek-Corporation that will retake it, replace or reimburse the cost.
12.3 Any claims, replacement requests or reimbursement must be made by postal mail within 30 days of the delivery date to the following address:
158 rue Pasteur
F- 59700 Marcq-En-Baroeul
12.4 Failing to comply with the instructions of use shall render the guarantee null and void.
12.5 Shall be excluded from any guarantee the defects and damages that result from abnormal use or buyer's negligence.
12.6 Any claim shall not exempt the payment obligation of all goods that are not subject of any contestation.
13.1 In case any provision of the present conditions appears to be null or non executable for legal reason, the remaining provisions shall not be affected.
13.2 MedTek-Corporation shall not assume any responsibility of the direct or indirect consequences linked to the use of the offered goods in its range.
13.3 MedTek-Corporation shall reserve the right of canceling or modifying its range of the selected goods needless any prior notice.
13.4 MedTek-Corporation may not be held responsible of any typographic error that could appear on the mailing papers, Internet and in any offer and elements of communication that it serves to its clients. MedTek-Corporation shall reserve the right of rectifying them.
MedTek-Corporation, within the online process, shall only be responsible of the medium obligation; its responsibility may not be assumed for any damage resulting of the Internet network use such as data loss , intrusion, virus, service rupture, or other involuntarily problems.
15. Intellectual property
All the site elements of MedTek-Corporation are and remain the intellectual and exclusive property of MedTek-Corporation S.A.R.L. No one is authorized to reproduce, exploit, re-diffuse or use in and under any title, even partially, the elements, software or visual of the site
Any simple link or by hypertext is strictly forbidden without the prior and written approval of MedTek-Corporation S.A.R.L.
16. Data at personal characters
According to the law related to IT, files and liberties of January 6, 1978, the information of nominative character related to the buyers may be subject to automate treatment.
16.1 MedTek-Corporation undertakes to keep and abstains from transmitting any information related to the buyer to anyone.
16.2 The buyer shall dispose of access right and data rectification that concern him according to the law of January 6, 1978.
17. Archive, Proof
MedTek-Corporation shall archive the order vouchers and invoices on reliable and sustainable support constituting faithful copy according to the provisions of article 1348 of the Civil Code.
The computerized registers of MedTek-Corporation shall be considered by both parties as proof of communications, orders, payments and transactions occurred between both parties.
18. Force Majeure
If the implementation of the obligations of MedTek-Corporation will be prevented by any case of Force Majeure or unpredictable events such as war, total or partial strike, interruption or delay of transport or any other reason preventing the activity of our Firm or of our suppliers, the implementation of the agreement shall be suspended is such obstacle is only temporary or terminated if such obstacle is definitive.
19. Settlement of disputes
The present conditions of sale shall be governed by the French law. Any contestation related to its validity, execution and interpretation of the present general sale conditions , as well as any other agreement concluded by MedTek-Corporation shall be settled by the exclusive jurisdiction of the tribunals of commerce of the venue of the Company head office, notwithstanding the plurality of the defendants or the guarantee appeal.