Geschäftsbedingungen

ALLGEMEINE GESCHÄFTSBEDINGUNGEN

CLAUSE 1 – Definitions

« Website » : means the sav.cordongroup.com website, via which Cordon Electronics makes a services portal available to its Customers, to enable them, in particular, to respond and to pay their estimates online, to obtain a return merchandise authorisation for a Product (RMA) with transport proposals and to track Products benefiting from a customer care service.

« Customers » : means the persons using the Website, acting in a non-professional capacity and having full legal capacity.

« Services » : means the after sales services (such as repair, maintenance, refurbish, logistic services…) of electronic products, provided by Cordon Electronics upon Customers demand.

« Product(s) » : means the Customer’s electronic equipment.

« General Terms and Conditions of Sale and of Use » : means the General Terms and Conditions of Sale and of Use which are accessible at all times on the Website.

CLAUSE 2 - Purpose - Application – Enforceability

The purpose of the General Terms and Conditions of Sale and of Use is to define the conditions in which Cordon Electronics (a French simplified joint stock company (société par actions simplifiée)) with share capital of €2,000,000, Paris 432 371 342 Trade and Companies Register; Registered office: ZA Les Alleux – 1 boulevard du Petit Paris – Taden – 22100 DINAN) hereinafter referred to as the (“Cordon Electronics” or “Service Provider”) provides the Services to non-professional Customers (“The Customers or the Customer”), who so request, via the Service Provider’s website.

In accordance with current regulations, the General Terms and Conditions of Sale and of Use are systematically communicated to any Customer who so requests so that he or she may place an order with the Service Provider.

Any order of Services implies the Customer’s acceptance of these General Terms and Conditions of Sale and of the General Terms and Conditions of Use of the Cordon Electronics website.

The data on Cordon Electronics catalogues, prospectuses and price lists is given for information and may be modified at any time.

Cordon Electronics is entitled to make any modifications thereof which it deems to be appropriate.

CLAUSE 3 – Orders

Prior to orders of Services or to use of the Website, the Customer has to connect as non-professional customer and enters the following information:

  • Name/Surname
  • Adress
  • Information related to the Product : brand, model, IMEI

The Customer selects the Services which he or she wishes to order on the Website as follows:

  • Selection of the desired Service(s) and approval of the repair package or estimate, as the case may be
  • Data entry of the Customer’s identification data
  • Correction of any data entry errors on a first summary page
  • Acceptance of these General Terms and Conditions of Sale and of Use
  • Confirmation of the order (this confirmation is not possible if the General Terms and Conditions of Sale and of Use have not been accepted)
  • Sending the Customer a confirmation e-mail summarising the price and the Service(s) ordered. The Customer is responsible for checking that the order is accurate and for immediately reporting any error.

3-1. The sales of Services are complete only :

  • after acceptance of these General Terms and Conditions of Sale and of Use
  • after the Service Provider’s express and written acceptance of the Customer’s order, materialised by the Service Provider’s confirmation of receipt.

Cordon Electronics has a paperless order system (including of acceptance and confirmation) (websites references) which enable Customers to order Services in optimal conditions of convenience and speed.

An order is recorded on the Cordon Electronics Website when the Customer accepts these General Terms and Conditions of Sale and of Use by ticking the box provided for this purpose and approving his or her order. Said approval entails the acceptance of all of these General Terms and Conditions of Sale and of Use and constitutes proof of the sale contract.

Cordon Electronics confirms the handling of the order and its acceptance by sending an e-mail.

The data recorded in Cordon Electronics’s IT system is proof of all transactions entered into with the Customer.

In order to facilitate the proper performance of Services, the Customer undertakes to provide Cordon Electronics with complete, accurate information and documents within the necessary time frame without Cordon Electronics being required to check the exhaustiveness or accuracy thereof.

3-2. Any modifications of the order requested by the Customer will be taken into account, within the limit of the Service Provider’s possibilities, only if it is notified prior to Cordon Electronics’s receipt of the Product covered by Services, following the Customer’s signature of a specific purchase order and any adjustment of the price. Said modifications shall be notified to Cordon Electronics by telephone to: 0892 692 792 (€0.45/min) from Monday to Thursday 9:00 a.m. – 6:00 p.m. and Friday 9:00 a.m. – 5:30 p.m.

3-3.Except in the case where the Customer exercises his cooling of right (see Clause 8 above), Customer’s cancellation of the order following its acceptance by Cordon Electronics will be taken into account, within the limit of the Service Provider’s possibilities, only if it is notified prior to Cordon Electronics’s receipt of the Product covered by Services. An amount of €18, including tax, per Product will be owed to Cordon Electronics and invoiced to the Customer, by way of damages, to compensate for the loss thus sustained.
Said modification shall be notified to Cordon Electronics by telephone to: 0892 692 792 (€0.45/min) from Monday to Thursday 9:00 a.m. – 6:00 p.m. and Friday 9:00 a.m. – 5:30 p.m.

CLAUSE 4 – Price lists

4-1. The Services are provided at Cordon Electronics’s current price lists on the day of placing the order, according to Cordon Electronics’ scale.

Price lists are quoted net, including taxes.

Cordon Electronics draws up and provides an invoice to the Customer upon each provision of Services.

The conditions which determine the cost of the Services whose price cannot be known in advance or accurately determined and the method of calculating the price used to check the latter will be communicated to the Customer or be covered by an itemised estimate, at the Customer’s request, in accordance with the provisions of Article L 441-6, II of the French Commercial Code.

The initial cost of the Service(s) ordered may be reviewed following receipt of the Product and its analysis by Cordon Electronics. Following diagnosis, a new estimate will be drawn up, where applicable, and should be accepted by the Customer prior to the Service(s) being performed.

CLAUSE 5 - Conditions of payment

On the date of his or her order, the Customer agrees to paying amounts owed by bank print. The amount owed is then reserved on the Customer’s credit card without yet being debited.

The Customer’s bank account will be automatically debited once Cordon Electronics has performed all Service(s).

CLAUSE 6 – Methods of providing Services

Services requested by the Customer will be provided within 30 days at most as from Cordon Electronics’s receipt of the relevant duly signed purchase order.

In the event of delay, the Customer may request in writing the cancellation of the sale in accordance with the conditions provided for in Article L216-2 of the French Consumer Code. Amounts paid by the Customer will then be refunded to him or her within the fourteen (14) days following the date of the notice of termination of the contract, without triggering any right to indemnification or deduction in accordance with Article L216-3 of the Consumer Code.

Cordon Electronics may not under any circumstances be held liable in the event of carelessness, negligence or act by the Customer which prevented proper performance of the services, caused delay or non-performance, following the occurrence of a force majeure event as usually recognised under French case law, through the act of a third party, which constitutes force majeure.

The Customer will have 2 business days as from receipt of the Product covered by the Service to issue in writing (info@cordongroup.com) and/or par telephone (0892692792), such reservations or complaints, to the Service Provider, with all of the related supporting documents.
No complaint may be validly accepted in the event of the Customer’s non-compliance with said formalities and time limits.

Should the Customer fail to expressly issue reservations or complaints upon receipt of the Services, they will be deemed to be compliant with the order, in quantity and quality.

Cordon Electronics will reimburse the Customer or rectify (to the extent possible) as quickly as possible and at its expense, in accordance with adequate terms and conditions approved by the Customer, the Services whose non-compliance the Customer has duly proved.

In the event the Customer makes a special request relating to the terms and conditions of supply (location of the place of provision of Services, specific requests) of the Services, which has been duly accepted in writing by the Service Provider, the related costs will give rise to additional specific invoicing based on estimates first accepted by the Customer.

CLAUSE 7 - Liability – Warranty

Cordon Electronics warrants the Customer, in accordance with the legal provisions, against any non-compliance of the Services and any hidden defect arising from a flaw in design or supply of said Services to the exclusion of any carelessness or negligence by the Customer.

Cordon Electronics may be held liable only in the event of proven negligence or carelessness.

Moreover, Cordon Electronics may not be held liable in the following cases:

  • following a breach or shortcoming of a product or a service whose supply or delivery is not its responsibility or that of its sub-contractors, if any;
  • for facts and/or data which do/does not come within the scope of the Services and/or is/are not the extension thereof;
  • in the event the results of the Services are used for a purpose or in a context different to that in which it occurred, erroneous implementation of recommendations or failure to take account of the Service Provider’s reservations.

To assert his or her rights, the Customer shall, on the penalty of loss of any action relating thereto, inform Cordon Electronics, in writing of the existence of hidden defects or non-compliances of the Services within 2 years at most as from the discovery thereof.

Cordon Electronics will rectify or have rectified, at its exclusive expense, in accordance with adequate terms and conditions approved by the Customer, the Services deemed to be defective as quickly as possible and no later than 30 days following Cordon Electronics’s recording of the defect or flaw.

In the event of reimbursement, it will be credited to the Customer’s bank account.

The Services are compliant with current regulations in France.
The Service Provider cannot be held liable in the event of non-compliance with the law of the country where the Services are provided, which the Customer, solely responsible for selecting the Services requests, is responsible for checking.

CLAUSE 8 – Cooling off right

In accordance with current legal provisions, the Customer acting in a non-professional capacity has a fourteen (14) days period from the execution of the agreement (payment of the estimate on the Website) to exercise the cooling off right with Cordon Electronics, without having to prove reasons or pay a penalty.
If the Customer so wishes and makes the prior and express request (by ticking the box provided for this purpose), the Service may begin prior to the end of said 14 day period.

To exercise said cooling off right, the Customer must notify the Cordon Electronics of his or her wish to exercise said right by using the contact form (subject cooling off). Cordon Electronics will immediately send the Customer an acknowledgement of receipt. The Customer may also exercise his or her cooling off by all means and in particular by postal address or e-mail expressing his or her clear wish to withdraw and mentioning the order concerned by said withdrawal.

In the event the cooling off right is exercised within the aforementioned period, only the price of the Services will be reimbursed.

In accordance with Article L221-28,1° of the Consumer Code, the Customer may exercise his or her cooling off right if the Services have been fully performed prior to the end of the cooling off period and/or if the performance of the Services began after the Customer’s prior express and express waiver of his or her cooling off right.

CLAUSE 9 - Transport – Risks

9.1 - Terms and conditions of transport

Products are delivered at the adress specified by the Customer, and in accordance with the transport mode selected by the parties.

9.1.1 - Transport provided by a carrier selected by Cordon

In accordance with Article L216-4 of the Consumer Code, the Customer bears the risk of loss or damage of the Product(s) upon delivery, i.e. when he (or a third party designated by him, other than the carrier designated by Cordon Electronics) takes physically possession of the Product(s) and can check their general condition.

The Customer shall note the damages of the Product(s) upon delivery by writing reservations on the delivery note paper or on the electronic transport ticket, or on the carrier’s or “point relais” computer terminal. Such reservations shall be precise, complete, quantified, dated and signed by the Customer.

In case of damage, loss, theft or missing products, Cordon Electronics will promptly inform the carrier and will declare a “transport dispute” in order to launch investigations to identify the cause of the damage and find a proper solution.

In case of occult damages, duly justified by the Customer, resulting from return transport, the following claims will be taken into account by Service Provider:

  • Damaged Product (broken product), provided that the Customer has informed Cordon no later than 2 days after the delivery date;
  • Missing Product, provided that reservations have been duly formulated by the Customer.

The Customer is informed that its claims have to be submitted to Service Provider no later than six (6) months following the date of delivery.

9.1.2 - Transport provided by a carrier selected by the Customer

In accordance with article L216-5 of the French Consumer Code, when transport service is provided by a carrier other than the one selected by Cordon Electronics, the Customer bears the risk of loss or damage once the Product(s) are handed-over to the carrier. In case of damage, loss, theft or missing Product(s), the Customer shall submit his claim directly to the carrier, who is, in accordance with Article L.133-1 of the French Commercial Code, presumed to be responsible of the damage.

The Customer is informed that he will be compensated for such damage in accordance with the limits of liability of the standard transport agreement, or with the limits of liability agreed between the Customer and the Carrier, if any.

9-2. Packaging of the product

In outbound, the Customer is the sole party responsible for the packaging of its product(s).

The Service Provider will not be liable for damage resulting from defective parcels due to an inherent defect in the product or non-compliant or insufficient packaging of the product.

In the particular case of an empty parcel (products stolen), the Service Provider will not be held liable in the event of a fault confirmed by the transport company or the Customer.

9-3. Transport of products containing lithium batteries

Lithium batteries transport is subject to international road transport (ADR) and air transport regulations (IATA).

As the sender Cordon Electronics is required to follow a strict packaging and dispatch procedure for these shipments, informing the shipping company of the nature of the merchandise being transported.

In the interests of the safety of persons and property, any product found to have a battery that is damaged or faulty by the authorised repair centre of the Service Provider is automatically forwarded to the Customer without the battery.

CLAUSE 10 – Personal data

For the purposes of the Services and for the purpose of investigation, analyzes or improvements of the Services, the Service Provider will collect personal and confidential data (such as name, address, telephone number, IMEI ...).

Prior to the taking of effect of the General Data Protection Regulation (GDPR), as from 25 May 2018, Cordon Electronics’s processing of the Customer’s personal data will not be declared to the CNIL but will appear on the Cordon Electronics’s processing register, which the CNIL may consult at any time.

In accordance with the French Data Protection Act of 6 January 1978 as amended and with the provisions of the General Data Protection Regulation, you have at all times a right to access, rectify, object and have as from 25 May 2015, a right to be forgotten, to data portability and to the right to compensation concerning your personal data.
You may exercise said rights by contacting us via the contact form or by postal letter (Cordon Electronics, 1 Boulevard du Petit Paris – ZA Les Alleux – Taden, 22107 DINAN Cedex).

For more details, consult the CNIL website.
The Customer will ensure a backup of his or personal data recorded in his or her Product prior to any order of Services qui which may result in the loss or damage to said data.
Once this backup is done, the Service Provider advises the Customer to completely erase the data, and to remove from the Product all the removable storage media (memory cards, etc.).
The Customer is fully informed that its data can be treated or even deleted or lost during the Service.
The Service Provider shall not be liable for loss or deletion of the Customer’s data and for any damage which is directly or indirectly related to such loss or deletion.

Any order of services from Cordon Electronics entails the Customer’s acceptance of the collection and processing of his or her personal data upon the repair of his or her Product.

CLAUSE 11 - Force majeure


All circumstances beyond the control of the parties that prevent them from fulfilling their obligations under normal conditions are considered grounds for the exoneration of the parties from fulfilling their obligations and shall result in the suspension of said obligations.

The party that cites the circumstances referred to above must immediately inform the other of the emergence of said circumstances, and of the passing of the same.

All irresistible events that are inevitable and beyond the control of the parties, and which cannot be prevented by the parties despite all reasonable efforts made to this effect, will be considered instances of force majeure. In addition to those regularly cited by French case law and the French courts of law, the following are expressly considered instances of force majeure or acts of God: the blockage of means of transport or of supplies, strikes, earthquakes, fires, storms, floods, thunder, the disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the control of Customers.

The parties shall meet to analyse the impact of the event and to agree on the conditions under which the contract will be executed. If the instance of force majeure is of more than three months’ duration, these general conditions may be terminated by the injured party.

CLAUSE 12 - Severability


If one or more of the provisions of these General Terms and Conditions of Sale and of Use are held to be invalid or so declared such under a law, a rule or following a definitive decision of a proper court, the other provisions will retain their full force and scope.

CLAUSE 13 - Waiver


Failure to exercise or a delay in exercising, a right or remedy provided by these General Terms and Conditions of Sale and of Use or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.

CLAUSE 14 - Disputes

Prior to any litigation, the Customer may, if he or she wishes, contact Cordon Electronics via the contact form to make his or her complaint and to reach an amicable and satisfying solution.

Failing an amicable agreement, any disputes arising from this agreement may give rise in connection with its validity, its interpretation, its performance, its termination, their consequences and their follow will, where applicable, be referred to the proper courts in accordance with ordinary legal conditions.

CLAUSE 15 - Language of the agreement – Governing law

By express agreement between the parties, these General Terms and Conditions of Sale and the resulting purchase and sale transactions are governed by French law.

They are drawn up in French. In the event they are translated into one or more languages, only the French text will be authoritative in the event of dispute.

CLAUSE 16 – Acceptance by the Customer

The Customer expressly approves and accepts these General Terms and Conditions of Sale and of Use; he or she represents having full knowledge thereof.

CLAUSE 1 – Definitions

« Website » : means the sav.cordongroup.com website, via which Cordon Electronics makes a services portal available to its Customers, to enable them, in particular, to respond and to pay their estimates online, to obtain a return merchandise authorisation for a Product (RMA) with transport proposals and to track Products benefiting from a customer care service.

« Customers » : means the persons using the Website, acing in a professional capacity and having full legal capacity.

« Services » : means the after sales services (such as repair, maintenance, refurbish, logistic services…) of electronic products, provided by Cordon Electronics upon Customers demand.

« Product(s) » : means the Customer’s electronic equipment.

CLAUSE 2 - Purpose - Application – Enforceability

In accordance with the terms of article L 441-6 of the French Commercial code, the General Terms and Conditions of Sale and of Use are the basis of the Parties’ commercial relationship.

The purpose of the General Terms and Conditions of Sale and of Use is to define the conditions in which Cordon Electronics (a French simplified joint stock company (société par actions simplifiée)) with share capital of €2,000,000, Paris 432 371 342 Trade and Companies Register; Registered office: ZA Les Alleux – 1 boulevard du Petit Paris – Taden – 22100 DINAN) hereinafter referred to as the (“Cordon Electronics”) provides the Services to non-professional Customers (“The Customers or the Customer”), who so request, via the Service Provider’s website.

The General Terms and Conditions of Sale and of Use apply to all services provided by Cordon Electronics to Customers, and supersede any other clauses that may appear on the Customer's documents, including its general terms and conditions of purchase.

In accordance with current regulations, the General Terms and Conditions of Sale and of Use are systematically communicated to any Customer who so requests so that he or she may place an order with the Service Provider.

Any order of Services implies the Customer’s acceptance of these General Terms and Conditions of Sale and of the General Terms and Conditions of Use of the Cordon Electronics website.

The data on Cordon Electronics catalogues, prospectuses and price lists is given for information and may be modified at any time.

Cordon Electronics is entitled to make any modifications thereof which it deems to be appropriate.

CLAUSE 3 – Orders

Prior to orders of Services or to use of the Website, the Customer must create a “Customer account”, any transaction being subject to said account first being created. The creation of the account is accompanied by the provision of an identifier and a password which are sent by e-mail to the address provided by the Customer.

The Customer selects the Services which he or she wishes to order on the Website as follows:

  • Selection of the desired Service(s) and approval of the repair package or estimate, as the case may be
  • Data entry of the Customer’s identification data
  • Correction of any data entry errors on a first summary page
  • Confirmation of the order
  • Sending the Customer a confirmation e-mail summarising the price and the Service(s) ordered. The Customer is responsible for checking that the order is accurate and for immediately reporting any error.

3-1. The sales of Services are complete only after the Service Provider’s express and written acceptance of the Customer’s order, materialised by the Service Provider’s confirmation of receipt.

Cordon Electronics has a paperless order system (including of acceptance and confirmation) (websites references) which enable Customers to order Services in optimal conditions of convenience and speed.

An order is recorded on the Cordon Electronics Website when the Customer accepts these General Terms and Conditions of Sale and of Use by ticking the box provided for this purpose and approving his or her order. Said approval entails the acceptance of all of these General Terms and Conditions of Sale and of Use and constitutes proof of the sale contract.

Cordon Electronics confirms the handling of the order and its acceptance by sending an e-mail.

The data recorded in Cordon Electronics’s IT system is proof of all transactions entered into with the Customer.

3-2. Any modifications of the order requested by the Customer will be taken into account, within the limit of the Service Provider’s possibilities, only if it is notified prior to Cordon Electronics’s receipt of the Product covered by Services, following the Customer’s signature of a specific purchase order and any adjustment of the price. Said modifications shall be notified to Cordon Electronics by telephone to: 0892 692 792 (€0.45/min) from Monday to Thursday 9:00 a.m. – 6:00 p.m. and Friday 9:00 a.m. – 5:30 p.m.

3-3. The Customer’s cancellation of the order following its acceptance by Cordon Electronics will be taken into account, within the limit of the Service Provider’s possibilities, only if it is notified prior to Cordon Electronics’s receipt of the Product covered by Services. In this case, an amount of €15, including tax, per Product will be owed to Cordon Electronics and invoiced to the Customer, by way of damages, to compensate for the loss thus sustained. This lump-sum may be increased according to the specificity of the order.
Said cancellation shall be notified to Cordon Electronics by telephone to: 0892 692 792 (€0.45/min) from Monday to Thursday 9:00 a.m. – 6:00 p.m. and Friday 9:00 a.m. – 5:30 p.m.

CLAUSE 4 – Price lists

The Services are provided at Cordon Electronics’s current price lists on the day of placing the order, according to Cordon Electronics’ scale.

Price lists are quoted net, and excluding taxes.

Cordon Electronics draws up and provides an invoice to the Customer upon each provision of Services.

The conditions which determine the cost of the Services whose price cannot be known in advance or accurately determined and the method of calculating the price used to check the latter will be communicated to the Customer or be covered by an itemised estimate, at the Customer’s request, in accordance with the provisions of Article L 441-6, II of the French Commercial Code.

The initial cost of the Service(s) ordered may be reviewed following receipt of the Product and its analysis by Cordon Electronics. Following diagnosis, a new estimate will be drawn up, where applicable, and should be accepted by the Customer prior to the Service(s) being performed.

CLAUSE 5 - Conditions of payment

5-1. Payment
The price is payable in full in a single instalment within 30 days of the date of issue of the invoice issued for the provision of the Services ordered, as defined in these General Terms and Conditions of Sale (the article “Methods of providing Services”).

This due date will be mentioned on the invoice to be sent to the Customer by the Service Provider.

Payments made by the Customer will not be considered final until all amounts owed to Cordon Electronics have been received.

PNotwithstanding the above, Cordon Electronics reserves the right to demand payment in cash. In this case, the price will be payable in full on the day of the provision of the Services ordered.

5-2. Penalties for late payment
In the event of the late payment and settlement of sums due by the Customer after the due date set above and after the payment date that appears on the invoice addressed to the Customer, penalties for late payment will be automatically applicable ipso jure and payable to the Service Provider, accruing interest at three times the legal rate of interest applicable in France, without any formalities or prior demand until effective payment is made.

Late payment shall result in an immediate demand for the payment of all amounts due to Cordon Electronics by the Customer, without prejudice to any other action that Cordon Electronics may be entitled to take in this regard against the Customer.

If the conditions of payment described above are not met, Cordon Electronics reserves the right to suspend / cancel the provision of the Services ordered by the Customer, to suspend the performance of its obligations and to reduce / cancel rebates provided to the latter.

5-3. Compensation
No compensation can be validly operated by the Customer except with the prior express written agreement of the Service Provider, and on the condition that mutual accounts receivable and payable are certain, liquid and payable.

5-4. Lump sum to cover recovery costs
In addition to the penalties for late payment referred to in paragraph 4.3, any late payment shall result in the payment of a lump sum of 40 euros referred to in article D. 441-5 of the Commercial Code by the Customer to Cordon Electronics to cover recovery costs.

CLAUSE 6 – Methods of providing Services

Services requested by the Customer will be provided within 30 days at most as from Cordon Electronics’s receipt of the relevant duly signed purchase order.

This deadline is not a strict deadline. Cordon Electronics cannot be held liable vis-a-vis the Customer if the Services are provided within less than 15 days after the deadline of 30 days. If the Services are provided after this 15-day period, the Customer will be able to demand the cancellation of the sale.

Cordon Electronics cannot be held liable under any circumstances in the event of a delay in, or the suspension of, the provision of the Services attributable to the Customer, a delay in the delivery of components or an instance of force majeure.

The Customer will have 2 business days as from receipt of the Product covered by the Service to issue in writing (info@cordongroup.com) and/or par telephone (0892692792), such reservations or complaints, to the Service Provider, with all of the related supporting documents.

Should the Customer fail to expressly issue reservations or complaints upon receipt of the Services, they will be deemed to be compliant with the order, in quantity and quality.

No complaint may be validly accepted in the event of the Customer’s non-compliance with said formalities and time limits.

Cordon Electronics will reimburse the Customer or rectify (to the extent possible) as quickly as possible and at its expense, in accordance with adequate terms and conditions approved by the Customer, the Services whose non-compliance the Customer has duly proved.

In the event the Customer makes a special request related to the terms and conditions of supply (location of the place of provision of Services, specific requests) of the Services, which has been duly accepted in writing by the Service Provider, the related costs will give rise to additional specific invoicing based on estimates first accepted by the Customer.

CLAUSE 7 - Liability - Warranty

Cordon Electronics warrants the Customer, in accordance with the legal provisions, against any non-compliance of the Services and any hidden defect arising from a flaw in design or supply of said Services to the exclusion of any carelessness or negligence by the Customer.

Cordon Electronics will reimburse the Customer or rectify (to the extent possible) as quickly as possible and at its expense, in accordance with adequate terms and conditions approved by the Customer, the Services whose non-compliance the Customer has duly proved.

Cordon Electronics may be held liable only in the event of proven negligence or carelessness. Cordon Electronics’ liability is limited to the direct damages which may be caused to the Customer.

Moreover, Cordon Electronics may not be held liable in the following cases:

  • following a breach or shortcoming of a product or a service whose supply or delivery is not its responsibility or that of its sub-contractors, if any;
  • for facts and/or data which do/does not come within the scope of the Services and/or is/are not the extension thereof;
  • in the event the results of the Services are used for a purpose or in a context different to that in which it occurred, erroneous implementation of recommendations or failure to take account of the Service Provider’s reservations.

Cordon Electronics is not liable for indirect damages, such as but not limited to loss of profits, opportunity or expected profits, or for financial consequences related to third party claims against Customer.

In any event, Cordon Electronics' liability is limited to the amount paid by the Customer for the provision of the Services.

CLAUSE 8 – Obligations of the Customer

In order to facilitate the correct execution of the Services, the Customer promises to:

  • Provide Cordon Electronics with information and documents that are complete and accurate within the required deadlines. Cordon Electronics will not be required to confirm the completeness or accuracy of said information and documents;
  • Take decisions within deadlines and obtain the hierarchical approvals required for this purpose;
  • Take decisions within deadlines and obtain the hierarchical approvals required for this purpose;
  • Ensure that the key interlocutors and the correspondent are available at all stages of the provision of the Services;
  • Inform Cordon Electronics directly of any difficulty in in the provision of the Services;
  • Back up personal data before any provision of Services that could result in the loss of or damage to said data;
  • Comply with the consignment procedure put in place by the Service Provider;
  • Make the necessary arrangements to ensure its products, in particular for transport services.

CLAUSE 9 - Transport - Risks

9.1 - Transport details

Parcels containing the product(s) will be delivered to the address validated beforehand by the Customer using the means of transport validated by the Service Provider and the Customer.

Once the parcel is handed over to the transport company the Customer is responsible for said parcel until its final delivery to the Customer, with the transfer of possession resulting in the transfer of risks (theft, loss, deterioration or destruction).

The Customer bears all risks associated with return transportation. In particular, as a result of the above merchandise travels at the Customer’s own risk, who will be responsible for issuing any reservations or instituting any proceedings against the carriers responsible in the event of damage, losses or short shipment.

In this regard, the Customer shall make the arrangements necessary to ensure their product(s):

  • By signing a transported goods insurance contract with their insurer;
  • By subscribing to an “ad valorem” option via the commissioner of transport.

If they do not have insurance, the Customer will be compensated in accordance with the limits of liability of standard contracts applied in the area of transport.

9.2 - Packaging of the product

In outbound, the Customer is the sole party responsible for the packaging of its product(s).

The Service Provider will not be liable for damage resulting from defective parcels due to an inherent defect in the product or non-compliant or insufficient packaging of the product.

In the particular case of an empty parcel (products stolen), the Service Provider will not be held liable in the event of a fault confirmed by the transport company or the Customer.

9.3 - Transport of products containing lithium batteries

Lithium batteries transport is subject to international road transport (ADR) and air transport regulations (IATA).

As the sender Cordon Electronics is required to follow a strict packaging and dispatch procedure for these shipments, informing the shipping company of the nature of the merchandise being transported.

In the interests of the safety of persons and property, any product found to have a battery that is damaged or faulty by the authorised repair centre of the Service Provider is automatically forwarded to the Customer without the battery.

Any additional costs incurred in ensuring compliance with transport legislation will be passed on to the Customer.

CLAUSE 10 - Intellectual property rights

Cordon Electronics remains the owner of all intellectual property rights to studies, designs, models, prototypes, etc. made (including at the request of the Customer) with a view to the provision of the Services to the Customer. In view thereof, the Customer is not permitted to reproduce or exploit said studies, designs, models, prototypes, etc. without prior express written authorisation from Cordon Electronics, which can make said reproduction or exploitation conditional upon the payment of financial compensation.

CLAUSE 11 - Protection des données personnelles

The parties promise to comply with regulations in force, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD), applicable since 25 May 2018, as regards the collection, processing and communication of personal data within the limits specified in this General Terms and Conditions.

The parties shall keep an up-to-date register of processes by the recipients of data and the purpose(s) of said processes. The Customer shall determine the purposes for which their personal data will be processed. Cordon Electronics promises not to use said data except for the purposes specified by the Customer.

The parties promise not to collect data other than those strictly necessary for the correct execution of the Services ordered.

Data will be retained by the parties for the duration of the provision of the Services. They may not be retained after this time in any format whatsoever.

Each of the parties shall provide the name and details of their data protection officer, where one has been appointed in accordance with article 37 of the European Data Protection Regulations.

The parties guarantee that said data will only be accessible to authorised personnel.

The Customer shall inform their own Customers of the collection and processing of their personal data for the provision of the Services and advise them to back up their data prior to the dispatch of their Products. Cordon Electronics shall not be held liable for the loss of data during the course of the provision of the Services or for damages resulting from the same.

CLAUSE 12 - Force majeure

All circumstances beyond the control of the parties that prevent them from fulfilling their obligations under normal conditions are considered grounds for the exoneration of the parties from fulfilling their obligations and shall result in the suspension of said obligations.

The party that cites the circumstances referred to above must immediately inform the other of the emergence of said circumstances, and of the passing of the same.

All irresistible events that are inevitable and beyond the control of the parties, and which cannot be prevented by the parties despite all reasonable efforts made to this effect, will be considered instances of force majeure. In addition to those regularly cited by French case law and the French courts of law, the following are expressly considered instances of force majeure or acts of God: the blockage of means of transport or of supplies, strikes, earthquakes, fires, storms, floods, thunder, the disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the control of Customers.

The parties shall meet to analyse the impact of the event and to agree on the conditions under which the contract will be executed. If the instance of force majeure is of more than three months’ duration, these general conditions may be terminated by the injured party.

CLAUSE 13 - Severability

If one or more of the provisions of these General Terms and Conditions of Sale and of Use are held to be invalid or so declared such under a law, a rule or following a definitive decision of a proper court, the other provisions will retain their full force and scope.

CLAUSE 14 - Waiver

Failure to exercise or a delay in exercising, a right or remedy provided by these General Terms and Conditions of Sale and of Use or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.

CLAUSE 15 - Disputes

Failing an amicable agreement, any disputes arising from this agreement may give rise in connection with its validity, its interpretation, its performance, its termination, their consequences and their follow will, where applicable, be referred to the proper courts in accordance with ordinary legal conditions.

Prior to any litigation, the Customer may, if he or she wishes, contact Cordon Electronics via the contact form to make his or her complaint and to reach an amicable and satisfying solution.

CLAUSE 16 - Language of the agreement – Governing law

By express agreement between the parties, these General Terms and Conditions of Sale and the resulting purchase and sale transactions are governed by French law.

They are drawn up in French. In the event they are translated into one or more languages, only the French text will be authoritative in the event of dispute.

CLAUSE 17 - Acceptance by the Customer

The Customer expressly approves and accepts these General Terms and Conditions of Sale and of Use; he or she represents having full knowledge thereof and acknowledge that they supersede any other documents such as but not limited to its general terms and conditions of Purchase.