GENERAL TERMS AND CONDITIONS OF SALE

Version in force as of April 8, 2024

These general conditions of sale (hereinafter the "GCS") govern all relations between the company ÉKOFAB (hereinafter "ÉKOFAB" or the "Seller") and any person who orders one or more products on the website www.tekide.com (hereinafter the "Site").

Accordingly, the fact that any person orders one or more products offered for sale on the Site implies full and complete acceptance of these GTC, which the customer (hereinafter the "Customer") acknowledges having read prior to ordering.

In the absence of acceptance, no order may be finalised and no Product may be ordered by the Customer.

The Customer acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these GCS does not require the handwritten signature of this document, but results from his/her placing the order alone.

ARTICLE 2 - COMPLETENESS

These GCS express the entirety of the obligations of the Parties. The Customer is therefore deemed to accept them without reservation. 

These GTS are accessible from the Site and will prevail, where applicable, over any other version or any other contradictory document.

ARTICLE 3 - PURPOSE 

The purpose of these GTC is to define the rights and obligations of the Parties in connection with the online sale of products offered by ÉKOFAB to the Client from the Site.

ARTICLE 4 - SCOPE OF APPLICATION

4.1. These GCS only apply to purchases made online on the Site by Customers located in Metropolitan France (excluding Corsica and Monaco) and in Belgium and delivered exclusively on French and Belgian territory. 

For deliveries outside mainland France or Belgium, please send an email to the following address: contact@tekide.com

4.2. The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before making an immediate purchase or placing an order. 

In this respect, they are enforceable against the Customer in accordance with the provisions of article 1119 of the French Civil Code.

4.3. The Customer may be :

  • a professional: any natural person or legal entity, public or private, acting for purposes within the scope of its commercial, industrial, craft, liberal or agricultural activity, including when it is acting in the name of or on behalf of another professional (hereinafter the "Professional Customer");

  • a non-professional: any legal entity that is not acting for professional purposes (hereinafter the "Non-Professional Customer");

  • a consumer: any natural person who is acting for purposes which are outside his or her trade, business, craft, profession or farming activity (hereinafter the "Consumer").

The Customer's attention is drawn to the fact that the provisions of the Consumer Code do not apply to natural or legal persons making a purchase for professional purposes. 

ARTICLE 5 - MODIFICATION OF THE GST

ÉKOFAB reserves the right to modify these GTC at any time. They will be applicable as soon as they are put online.

However, the GTC applicable to an order placed by a Client on the Site are those accepted by the Client at the time of placing the order.

ARTICLE 6 - ORDERING

6.1. Placing an order

The Customer may place an order online, from the online catalogue and while stocks last, for any product with the exception of those requiring specific support from ÉKOFAB according to the Customer's needs.

In order to finalise the order and proceed with the purchase, the Customer must first fill in his/her details in the contact form offered to him/her after validating his/her basket.

If a product ordered is unavailable, the Customer will be informed by email to the address indicated in the contact form.

For the order to be validated, the Customer must accept these General Terms and Conditions by ticking the box "I accept the general terms and conditions of sale"

They must also indicate the address and delivery method chosen, and finally validate the payment method.

The Customer must ensure that the delivery address indicated in the contact form is accessible by 19-tonne lorry.

In the event of delivery being deemed inaccessible and/or in certain mountainous areas that are difficult to access (zones 73, 74, 38, 64, 65), the Customer is invited to contact the ÉKOFAB / TEKIDE Customer Service Department:

  • either by email to the following address: contact@tekide.com
  • or by telephone on 01 64 08 05 16 from Monday to Friday between 9am and 5pm;

The sale will be deemed final :

  • after confirmation of acceptance of the order has been sent to the Customer by email ;
  • and after receipt by ÉKOFAB of the full price.

Any order implies acceptance by the Client of the prices and descriptions of the items available for sale. 

Any dispute on this point will arise in the context of a possible exchange and guarantees provided in Article 13 of these Terms and Conditions.

In certain cases, including non-payment, incorrect or inaccessible address, or other problem on the Client's account, EKOFAB reserves the right to block the Client's order until the problem is resolved.

Any modification of the order by the Client after confirmation of the order is subject to acceptance by EKOFAB.

For any questions relating to the tracking of an order, the Customer may contact the ÉKOFAB / TEKIDE Customer Service Department:

  • either by email to the following address: contact@tekide.com
  • or by telephone on 01 64 08 05 16 from Monday to Friday between 9am and 5pm;
  • or by post to the following address ÉKOFAB - Zone Industrielle - 5 impasse Léon Blum 77370 NANGIS

specifying the date and order number (cost of a local call).

6.2. Order Confirmation

Once the order has been placed by the Customer, an email is sent to the Customer by EKOFAB to confirm the order, provided that the email address indicated by the Customer in the contact form does not contain any error.

The Client must verify the accuracy of the information it provides to EKOFAB when ordering.

EKOFAB cannot be held responsible for any input errors and the consequences in terms of delay or error in delivery. In the event of a data entry error, all costs incurred for re-shipment shall be borne by the Customer.

6.3. Proof of the order

The computerised registers, kept in the computer systems of ÉKOFAB under reasonable conditions of security, will be considered as proof of communications, orders and payments between the Parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

6.4. Order tracking

For transport carried out by charter, the Customer may consult the status of his/her order (preparation, collection, delivery in progress and delivery) via the transport management software accessible from the transport company's tracking link received by email following validation of his/her order on the Site.

This delivery tracking system interfaces with the Internet tracking resources of the transport companies entrusted with the transport of the products ordered on the Site.

ÉKOFAB cannot therefore be held responsible in the event of unavailability or errors that may affect the tracking information provided by its transport companies.

In the case of transport carried out by charter, the Customer may at any time contact the ÉKOFAB Customer Service Department to find out the status of his/her order:

  • either by email to the following address: contact@tekide.com
  • or by telephone on 01 64 08 05 16 from Monday to Friday between 9am and 5pm;

ARTICLE 7 - PRODUCT INFORMATION

The products governed by these GTC are those presented on the Site and which are indicated as sold and dispatched by ÉKOFAB. They are offered within the limits of available stocks.

Prior to placing an order, the Client may take note of the essential characteristics of the products by consulting the product sheets on the Site.

The products are presented on the Site as accurately as possible. However, in the event that any errors or omissions have been made in this presentation despite all the care taken by EKOFAB, the latter may not be held liable.

The photographs of the products appearing on the Site are not contractual.

Some of the products mentioned on the Site (in particular fences for riding arenas and racecourses, fences and starting boxes) cannot, in view of their specific characteristics, be ordered online on the Site and require a specific quotation to be drawn up in accordance with the Customer's requirements.

For any questions relating to the products and their use, the Customer may contact the ÉKOFAB / TEKIDE Customer Service Department:

  • either by email to the following address: contact@tekide.com
  • or by telephone on 01 64 08 05 16 from Monday to Friday between 9 a.m. and 5 p.m.

ARTICLE 8 - PRICES

Prices are expressed in euros and exclusive of tax (HT) on the Site and inclusive of all taxes (TTC) at the time of validation of the basket by the Customer. 

The amount of VAT applicable is calculated on the day the order is placed. 

The VAT rate may vary depending on the place of order (particularly for Belgium). 

Any change in the applicable VAT rate will automatically be reflected in the price of the products ordered on the Site. 

If one or more taxes or contributions, particularly environmental, are created or modified, either upwards or downwards, this change may be passed on to the sale price of the products presented on the Site.

Product prices do not take into account delivery and installation costs, which are invoiced in addition and specified to the Client at the time of ordering. 

ÉKOFAB reserves the right to modify its prices at any time, without prior notice, but undertakes to apply the prices in force indicated at the time of the Client's order, subject to the availability of the products on that date.

Payment of the full price must be made when the order is placed. At no time may the sums paid by the Customer be considered as deposits or advance payments.

ARTICLE 9 - PAYMENT

9.1. Electronic signature

The provision of the Customer's bank card number online and the final validation of the order shall be deemed proof of the Customer's agreement:

Payability of the sums due under the order form;

signature and express acceptance of all operations carried out.

In the event of fraudulent use of the Customer's bank card, the Customer is invited to contact ÉKOFAB / TEKIDE's Customer Service as soon as such use is discovered:

  • either by email to the following address: sav@tekide.com
  • or by telephone on 01 64 08 05 16 from Monday to Friday between 9am and 5pm;

9.2. Payment security 

The Site is equipped with an online payment security system enabling the Customer to encrypt the transmission of his/her bank details.

9.3. Method of payment 

This is an order with a payment obligation, which means that placing the order implies payment by the Customer.

To pay for its order, the Customer has, at its choice, all the methods of payment made available by ÉKOFAB and listed on the Site (including credit card, bank transfer, payment in 3 or 4 instalments with Oney Bank, etc.). These payment methods are specified during the validation of the Client's basket.

The Client guarantees to ÉKOFAB that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. 

EKOFAB reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. 

In particular, EKOFAB reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. 

In order to ensure the security of transactions and to prevent payment fraud, ÉKOFAB has set up a payment verification procedure via its partners Payplug and Bridge.

If a risk is identified (fraud, insolvency, etc.) during the payment verification procedure, ÉKOFAB may cancel the order. This cancellation will not result in any payment of damages to the Customer. The Client will only be reimbursed, if applicable, for the sums paid.

The payments made by the Client will only be considered as final after effective collection of the sums due by ÉKOFAB.

ARTICLE 10 - PRODUCT AVAILABILITY 

Information on the availability of products is provided to the Customer when the order is placed on the Site. 

In the event of total or partial unavailability of the products ordered, the Client will be informed by email as soon as possible of the unavailability of the product and of the total or partial cancellation of his/her order. 

In the event of total cancellation of the order by EKOFAB :

  • The Customer's order will be automatically cancelled and his bank account will be credited again within eight (8) days;
  • The ÉKOFAB Customer Service will contact the Customer to inform him of the cancellation of his order.

ARTICLE 11 - REFUND - TERMINATION

In the event of non-compliance with the agreed delivery date or deadline, the Client shall, before terminating the contract, require EKOFAB to perform within a reasonable additional period.

If the Client fails to do so by the end of this new period, the Client may freely terminate the contract.

The Client must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract will be deemed to have been terminated on receipt by the seller of the letter or written document informing it of this termination, unless the professional has performed in the meantime.

The Customer may, however, cancel the contract immediately if the dates or deadlines referred to above are an essential condition of the contract.

In this case, when the contract is terminated, ÉKOFAB is obliged to reimburse the Client for all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.

In accordance with the provisions of Article L. 242-4 of the Consumer Code, where the Professional has not reimbursed the sums paid by the Consumer, the sums due are automatically increased :

  • the legal interest rate if reimbursement is made no later than 10 days after expiry of the 14-day period set out below,
  • 5% if the delay is between 10 and 20 days,
  • 10% if the delay is between 20 and 30 days,
  • 20% if the delay is between 30 and 60 days,
  • 50% if the delay is between 60 and 90 days,
  • and an additional five points for each further month of delay, up to the price of the product, then the legal interest rate.

ARTICLE 12 - DELIVERY

12.1. Definition

Delivery means the transfer to the Customer of physical possession or control of the goods. 

It only takes place after confirmation of payment by ÉKOFAB's bank. 

12.2. Order dispatch times

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly indicated on the home page of the Site, shipping times are, within the limits of available stocks, between five (5) and fifteen (15) calendar days. 

As ÉKOFAB is a manufacturer, its production is dependent on the availability of the raw materials used to manufacture its products, and is therefore likely to vary.

Shipment times run from the order registration date indicated on the order confirmation email.

An email is automatically sent to the Customer when the products are dispatched, provided that the email address indicated by the Customer in the contact form is correct.

12.3 Geographical area and place of delivery

ÉKOFAB delivers in Metropolitan France (excluding Corsica and Monaco) and Belgium. 

Products are delivered to the address indicated by the Client at the time of ordering. The Client must ensure that it is correct. Any parcel returned to ÉKOFAB because of an incorrect or incomplete delivery address will be resent at the Customer's expense.

The same applies in the event of inaccessibility of the delivery address provided by the Customer in the contact form offered to him after validation of his basket.

12.4 Terms of delivery

Products ordered on the Site are delivered as follows:

  • Slabs, mats: by charter
  • Movable barriers: by courier or charter.

The method of transport of the products is determined at the sole initiative of ÉKOFAB depending on the size and weight of the products ordered.

Delivery times, which are those indicated in  of these GTC, depend on the mode of transport chosen.

ÉKOFAB informs the Customers of the delivery times announced by the chosen transport company. 

The transport company agrees a date and time slot for delivery directly with the Customer.

The Customer must be available on the delivery day scheduled with the transport company. 

If the Customer is absent on the scheduled delivery day, the transport company will reschedule a new delivery. The Customer is responsible for the corresponding additional costs. 

The products delivered are given to the Customer against signature.

Products are generally delivered on pallets in the case of tiles and mats, or in sheaths in the case of movable barriers.

If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must note all reservations concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) on the consignment note (CMR) issued by the transport company. 

The transport company will provide the Customer with a copy of the consignment note signed by the Customer, mentioning any reservations he may have.

The Customer must then confirm these reservations to ÉKOFAB at the latest within two (2) working days following delivery of the product(s) by email to the following address: sav@tekide.com.

If the products need to be returned to ÉKOFAB, they must be the subject of a request for return to ÉKOFAB within seven (7) days of delivery. 

Any claim made after this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

ÉKOFAB is responsible for return shipping costs.

Any request by the Customer for a return or concerning the condition of the products upon delivery shall give rise to the opening of a SAV ticket by ÉKOFAB. 

An after-sales tracking ticket number is sent to the Client by email by ÉKOFAB. 

For any request concerning the follow-up of its after-sales service ticket, the Customer may contact the ÉKOFAB / TÉKIDÉ Customer Service Department:

  • either by email to the following address: sav@tekide.com
  • or by telephone on 01 64 08 05 16 from Monday to Friday between 9 a.m. and 5 p.m.

12.5. Delivery charges

Delivery costs are fixed and are calculated according to the value of the Customer's basket. 

The amount of these charges is communicated to the Customer before the final validation of the order.

12.6. Late delivery 

When the product(s) ordered is (are) not delivered on the date or at the expiry of the period mentioned at the time of validation of the order, the Client may, after having unsuccessfully enjoined ÉKOFAB to fulfil its obligation to deliver within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or by writing on another durable medium.

12.7. Delivery error - Lack of conformity of the products ordered

The Customer must notify EKOFAB on the day of delivery or at the latest within two (2) working days following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

ARTICLE 12 - DELIVERY

12.1. Definition

Delivery means the transfer to the Customer of physical possession or control of the goods. 

It only takes place after confirmation of payment by ÉKOFAB's bank. 

12.2. Order dispatch times

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly indicated on the home page of the Site, shipping times are, within the limits of available stocks, between five (5) and fifteen (15) calendar days. 

As ÉKOFAB is a manufacturer, its production is dependent on the availability of the raw materials used to manufacture its products, and is therefore likely to vary.

Shipment times run from the order registration date indicated on the order confirmation email.

An email is automatically sent to the Customer when the products are dispatched, provided that the email address indicated by the Customer in the contact form is correct.

12.3 Geographical area and place of delivery

ÉKOFAB delivers in Metropolitan France (excluding Corsica and Monaco) and Belgium. 

Products are delivered to the address indicated by the Client at the time of ordering. The Client must ensure that it is correct. Any parcel returned to ÉKOFAB because of an incorrect or incomplete delivery address will be resent at the Customer's expense.

The same applies in the event of inaccessibility of the delivery address provided by the Customer in the contact form offered to him after validation of his basket.

12.4 Terms of delivery

Products ordered on the Site are delivered as follows:

  • Slabs, mats: by charter
  • Movable barriers: by courier or charter.

The method of transport of the products is determined at the sole initiative of ÉKOFAB depending on the size and weight of the products ordered.

Delivery times, which are those indicated in  of these GTC, depend on the mode of transport chosen.

ÉKOFAB informs the Customers of the delivery times announced by the chosen transport company. 

The transport company agrees a date and time slot for delivery directly with the Customer.

The Customer must be available on the delivery day scheduled with the transport company. 

If the Customer is absent on the scheduled delivery day, the transport company will reschedule a new delivery. The Customer is responsible for the corresponding additional costs. 

The products delivered are given to the Customer against signature.

Products are generally delivered on pallets in the case of tiles and mats, or in sheaths in the case of movable barriers.

If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must note all reservations concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) on the consignment note (CMR) issued by the transport company. 

The transport company will provide the Customer with a copy of the consignment note signed by the Customer, mentioning any reservations he may have.

The Customer must then confirm these reservations to ÉKOFAB at the latest within two (2) working days following delivery of the product(s) by email to the following address: sav@tekide.com.

If the products need to be returned to ÉKOFAB, they must be the subject of a request for return to ÉKOFAB within seven (7) days of delivery. 

Any claim made after this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

ÉKOFAB is responsible for return shipping costs.

Any request by the Customer for a return or concerning the condition of the products upon delivery shall give rise to the opening of a SAV ticket by ÉKOFAB. 

An after-sales tracking ticket number is sent to the Client by email by ÉKOFAB. 

For any request concerning the follow-up of its after-sales service ticket, the Customer may contact the ÉKOFAB / TÉKIDÉ Customer Service Department:

  • either by email to the following address: sav@tekide.com
  • or by telephone on 01 64 08 05 16 from Monday to Friday between 9 a.m. and 5 p.m.

12.5. Delivery charges

Delivery costs are fixed and are calculated according to the value of the Customer's basket. 

The amount of these charges is communicated to the Customer before the final validation of the order.

12.6. Late delivery 

When the product(s) ordered is (are) not delivered on the date or at the expiry of the period mentioned at the time of validation of the order, the Client may, after having unsuccessfully enjoined ÉKOFAB to fulfil its obligation to deliver within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or by writing on another durable medium.

12.7. Delivery error - Lack of conformity of the products ordered

The Customer must notify EKOFAB on the day of delivery or at the latest within two (2) working days following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The complaint may be made by the Customer:

  • or by email to the following address: sav@tekide.com
  • or by telephone on 01 64 08 05 16 from Monday to Friday between 9 a.m. and 5 p.m.

Any complaint not made in the forms and deadlines indicated above cannot be taken into account and will release ÉKOFAB from any liability towards the Customer. 

Upon receipt of the complaint, ÉKOFAB will assign an after-sales service tracking ticket number for the product(s) concerned and will communicate it by email to the Customer. The exchange of a product can only take place after the exchange number has been assigned.

In the event of a delivery error or express request for return from the Customer for confirmed lack of conformity of the delivered products, ÉKOFAB organizes and pays for the return by charter as well as the corresponding costs.

12.8. Failure to deliver

Total failure to deliver automatically results in the termination of the sales contract.

12.9. Delivery and transfer of risk

The risk of loss or damage to the products ordered is transferred to the Customer at the time he or a third party designated by him takes physical possession of said products.

The products, which are delivered to the Customer by the transport company chosen by ÉKOFAB, travel at ÉKOFAB’s own risk.

12.10. Transfer of ownership

Ownership of the product(s) ordered is transferred to the Customer upon delivery, at the moment when he takes physical possession of the product(s), except in the case where full payment of the price is not due. was not cashed when ordering. 

ARTICLE 13 – PRODUCT GUARANTEE

The products offered for sale on the Site benefit from the legal guarantee of conformity (articles L. 217-3 to L 217-17 of the Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code) under the conditions provided for by the texts.

13.1. Legal guarantee of conformity

In accordance with the provisions of articles L. 217-3 et seq. of the Consumer Code, ÉKOFAB guarantees the Consumer Customer against defects in conformity of the products existing at the time of delivery of the product and which appear within a period of two (2) years from this one.

ÉKOFAB also responds, during the same deadlines, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been made its responsibility by the contract or has been carried out under its responsibility, or when the incorrect installation, carried out by the Customer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

In the event of implementation of the legal guarantee of conformity, the Customer is reminded that:

- benefits from a period of two (2) years from the delivery of the property to act,

- can choose between repair or replacement of the good, subject to the cost conditions provided for by article L. 217-12 of the Consumer Code. In the event of repair, the product benefits from an extension of the legal guarantee of conformity of six (6) months. If the Customer chooses repair but ÉKOFAB is not able to carry it out, compliance by replacing the item causes a new legal guarantee of conformity period of two (2) years to run from the day on which the replaced good is delivered to the Customer,

- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods. For second-hand goods, this period is set at twelve (12) months.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The provisions of articles L.217-3 to

L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code.

13.2. Guarantee against hidden defects

The Customer, whatever their status (Consumer, Non-Professional or Professional), benefits, for any purchase of product on the Site, from the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code .

In this case, he has the choice of returning the item and having the price refunded, or keeping the item and having part of the price returned in accordance with article 1648 of the Civil Code.

Action resulting from hidden defects must be brought by the purchaser within two (2) years from the discovery of the defect.

The provisions of articles 1641 to 1648 of the Civil Code are reproduced in Appendix 1 of these General Terms and Conditions. 

In the event that the Customer chooses to replace the products within the framework of these legal guarantees, the delivery costs of the exchanged products are the responsibility of ÉKOFAB. 

ARTICLE 14 - FORCE MAJEURE

Any circumstances beyond the control of the Parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the Parties and result in their suspension.

The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence, as well as their disappearance.

All irresistible facts or circumstances external to the Parties, unforeseeable, inevitable, independent of the will of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French Courts and Tribunals: the blocking of means of transport or supplies, strikes, earthquakes, fires, storms , floods, lightning, war, epidemics, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.

The Parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three (3) months, these General Terms and Conditions may be terminated by the injured Party.

ARTICLE 15 - INTELLECTUAL PROPERTY

The content of the Site (documents and technical sheets, drawings, photographs, etc.) remains the property of ÉKOFAB, the sole owner of the intellectual property rights to this content.

The Client undertakes not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

The content of the Site (photographs, visuals, logos, texts, sounds and videos) remains the exclusive property of ÉKOFAB, the sole owner of the intellectual property rights to this content.

Access to the Site does not confer any rights to Customers or visitors to the Site over the intellectual property rights relating to the Site, which remains the exclusive property of ÉKOFAB.

Except for exceptions mentioned in these General Terms and Conditions, the Customer may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any manner whatsoever. or, all or part of the Site without the prior written authorization of ÉKOFAB.

Any total or partial reproduction, or distribution of this content without prior written authorization from ÉKOFAB, is strictly prohibited and may constitute an offense of counterfeiting.

The insertion of hypertext links to any part of the Site is also prohibited without prior written authorization from ÉKOFAB. 

ARTICLE 16 - PROTECTION OF PERSONAL DATA

As part of the execution of the contract concluded with the Client, ÉKOFAB processes personal data, within the meaning of Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing personal data and the free movement of these data (hereinafter the “GDPR”), as data controller.

Personal data means any information relating to an identified or identifiable natural person, such as a name, a first name, age, a photograph, a postal address, an e-mail address, a telephone number, an IP address , etc.

In application of the GDPR, the Customer has a right to his personal data (i) access (ii) rectification, (iii) erasure, (iv) limitation and (v) portability of information concerning him .

The Customer may also object at any time to the processing of his personal data.

He can assert his rights by contacting XXX or directly the Data Protection Officer (hereinafter the “DPO”) of ÉKOFAB, Ms. Maud Delacroix, Tel. : +33 (0)1 64 08 05 1, Email: information@groupe-ekofab.com, providing proof of identity.

In accordance with article 12 of the GDPR, ÉKOFAB informs you about the use made of personal data collected in the context of orders concerning you.

To this end, ÉKOFAB permanently provides you with a “Personal data protection policy”, accessible via a hyperlink at the bottom of all pages of the Site.

Learn more about managing your data and your rights.

ARTICLE 17 - INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

17.1. Right and period of withdrawal

In accordance with the provisions of the Consumer Code, the Consumer Customer has a withdrawal period of fourteen (14) days from the date of receipt of the product(s) ordered on the Site, to exercise his right of withdrawal and inform ÉKOFAB Customer Service of his intention to return the product(s) ordered on the Site.

The Customer is informed that ÉKOFAB is not able to block the shipment of products once the order has been validated. The order will then be shipped and the Customer must exercise their right of withdrawal from receipt of their order under the conditions provided for in article 17.3 below of these General Terms and Conditions.

The Customer wishing to exercise his right of withdrawal does not have to give reasons.

The day of receipt of the item(s) ordered by the Customer is not counted in the period of fourteen (14) days mentioned in the first paragraph of this article.

If the withdrawal period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

In the case of an order for several items delivered separately, the withdrawal period runs from receipt of the last item.

The withdrawal period expires fourteen (14) days after the day of conclusion of the Contract.

17.2. Exclusions from the right of withdrawal

Non-Professional Customers and Professional Customers purchasing within the framework and for the needs of their profession cannot benefit from the right of withdrawal provided for by the Consumer Code for contracts concluded remotely.

In addition, in accordance with article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of the following goods:

  • goods made according to the Customer's specifications or clearly personalized;
  • goods likely to deteriorate or expire quickly;
  • goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

These provisions apply without prejudice to the guarantees provided for in article 13 of these General Terms and Conditions which remain fully applicable.

17.3. Conditions for exercising the right of withdrawal

To exercise his right of withdrawal, the Customer must notify ÉKOFAB:

  • their name, geographic address and, when available, telephone number and email address;
  • as well as its decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post to the following address: ÉKOFAB Company - 5 impasse Léon Blum - Zone Industrielle 77370 NANGIS - FRANCE, or by email to the following address: following: sav@tekide.com).

The Customer also has the possibility of using the model withdrawal form appearing in Appendix 3 of these General Terms and Conditions but this is not obligatory.

For the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

In accordance with the provisions of article L. 221-23 of the Consumer Code, the Customer must return the products ordered to ÉKOFAB without undue delay and, at the latest, within fourteen (14) days following communication of their decision to withdraw in accordance with the provisions of article 17.1 of these General Terms and Conditions.

ÉKOFAB Customer Service will specify to the Customer the procedures for collecting or returning the order, it being specified that the return costs remain the responsibility of the Customer.

In addition, the return is made in all cases at the Customer's risk.

Product returns must be made in their original condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition.

Return address for ordered products:

ÉKOFAB

Zone Industrielle

5 impasse Léon Blum

77310 NANGIS

France

17.4. Effects of withdrawal

In the event of withdrawal by the Customer, ÉKOFAB will reimburse the Customer for all payments received from him without undue delay and, in any event, no later than fourteen (14) days from the day on which we are informed of your decision to withdraw from this Contract.

ÉKOFAB will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless specifically indicated by the Customer; in any event, this reimbursement will not incur any costs for the Customer. Only the return costs remain the responsibility of the Customer.

17.5. Withdrawal form template

The model withdrawal form can be found in Appendix 2 of these General Terms and Conditions.

ARTICLE 18 – USE OF COOKIES

A cookie is a small file stored by a server in a user's terminal (computer, telephone, etc.) and associated with a web domain (i.e. in the majority of cases to all of the pages of the the same website). This file is automatically returned on subsequent contacts with the same domain.

The Site uses cookies that ÉKOFAB can access when you visit our Site again. These cookies allow us to record information relating to the pages you view on our Site. They help us understand your navigation on the Site and allow us to save your preferences for your future visits to the Site in order to improve the services that we are able to offer you.

You can, if you wish, block cookies by changing the preferences in your Internet browser.

ARTICLE 19 - PARTIAL NON-VALIDATION

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and effect. their scope.

ARTICLE 20 - NON-WAIVER

The fact, for one of the Parties, of not taking advantage of a failure by the other Party to fulfill any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question. 

ARTICLE 21 - TITLE

The titles of the articles in these General Terms and Conditions are for the sole purpose of facilitating references and do not in themselves have any contractual value or particular meaning.

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

ARTICLE 22 - LANGUAGE OF THE CONTRACT

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

ARTICLE 23 - APPLICABLE LAW - DISPUTES

These General Terms and Conditions are subject to French law.

In the event of a dispute or complaint, the Customer will contact ÉKOFAB as a priority to obtain an amicable solution.

In the case of a Consumer or Non-Professional Client, any dispute relating to the formation, execution, interpretation and/or termination of the contract concluded between ÉKOFAB and the Client which could not have been resolved at the amicably by the Parties, will fall under the jurisdiction of the Court of the Customer's place of residence under the conditions of common law.

In the case of a Professional Client, any dispute relating to the formation, execution, interpretation and/or termination of the contract concluded between ÉKOFAB and the Client which could not be resolved amicably, will be of the exclusive jurisdiction of the Courts of MELUN.

ANNEX 1 - Provisions relating to legal guarantees

  • Legal guarantee of conformity

The Consumer Code provides the following in terms of legal guarantee of conformity:

Article L. 217-3 of the Consumer Code

The seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5.

He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for lack of conformity of this digital content or this digital service which appears within two years from the delivery of the good;

2° When the contract provides for the continuous supply of digital content or a digital service for a period greater than two years, the seller is responsible for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.

The seller also responds, during the same deadlines, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been made his responsibility by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to articles 2224 et seq. of the civil code. The starting point for prescribing consumer action is the day of knowledge by the latter of the lack of conformity.

Article L. 217-4 of the Consumer Code

 The property complies with the contract if it meets, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract.

Article L. 217-5 of the Consumer Code

I.-In addition to the contract conformity criteria, the good is compliant if it meets the following criteria:

1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or

3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, deviation to which he has expressly and separately agreed upon upon conclusion of the contract.

Article L. 217-12 of the Consumer Code

The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs in particular with regard to:

1° The value that the good would have in the absence of a lack of conformity;

2° The importance of the lack of conformity; And

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the property into conformity if this is impossible or involves disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the civil code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity, is justified in writing or on a durable medium.

Article L. 217-16 of the Consumer Code

In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer the price paid and returns any other benefits received under the contract.

If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if there is no can reasonably expect him to agree to keep only the conforming goods.

For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer has the right to the resolution of the entire contract. In addition, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to terminate all related contracts. 

The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the contract of sale of a good comprising digital elements.

  • Legal guarantee against hidden defects

The Civil Code provides the following in terms of guarantee of hidden defects:

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have acquired it. would have given only a lower price, if he had known them.

Article 1648 of the Civil Code

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.

ANNEXE 2 - Withdrawal form template

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from your order placed on the website www.tekide.com) To the attention of: ÉKOFAB Company, 5 Industrial Zone in NANGIS (77370) – contact@tekide.com: I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the good(s) below:

 : ____________________________________

Ordered on the  : _________________ / Received on the : _________________ (*)

Order number :

____________________________________

Name(s) and first name(s) of the consumer(s) :

________________________________________________________________

Address of the consumer(s) : ___________________

________________________________________________________________

Signature of the (des) consumer(s) (only if this form is notified on paper) :

________________________

Date : ___________________________________________________________

(*) Cross out the unnecessary entry

 

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