Placing an order implies the full and unconditional acceptance by the buyer of these general terms and conditions of sale. Any contrary condition put forward by the buyer will therefore not be enforceable against the seller, regardless of its form and regardless of the time at which it may have come to the buyer’s knowledge. By placing an order, the buyer acknowledges having read and understood these general terms and conditions of sale and declares not to use any document that may contravene them. No special or derogatory conditions may prevail against these general terms and conditions of sale unless formally and in writing accepted by the seller, in accordance with Article L 441-7 of the Commercial Code.
Any order taken becomes final only to the extent that it is not invalidated by the company SEYVAA within a period of 60 days from the receipt of the order by the seller – the company SEYVAA reserving the right not to proceed with the commitments made by its employees or representatives.
The seller reserves the right to make any minor modifications, including in form, color, dimension, or material, concerning the products presented, regardless of the commercial medium used, as long as it does not alter the appearance of the product.
Delivery times are provided for informational purposes only. Delays cannot give rise to penalties, order cancellations, or refusal to take delivery. In the event of force majeure and, in general, any other events not resulting from the will of the seller or its suppliers, the delivery time will simply be extended by a period equal to that of the impediment that hindered the normal performance of the contract. If this period exceeds 3 months or if events make delivery impossible, the seller or the buyer will have the right to terminate the contract without being able to claim any compensation.
The prices are valid only for the duration indicated on them. The firm and definitive price retained is the one in effect on the date the order is placed with the seller.
Sales will only be made within the limits of available stocks – the buyer, acknowledging and accepting this principle, therefore waives any legal action against the seller in this regard. The buyer may not in any case rely on standards, specifications, regulations, and usages not expressly accepted by the seller.
In all cases, our goods travel at the risk of the recipient. Carriers alone are responsible for losses, breakages, and damages. The buyer is required to check the goods upon receipt and without delay.
In the event of damage or shortages, the buyer must make reasoned reservations on the delivery receipt and then confirm these reservations to the carrier by registered letter with acknowledgment of receipt within 3 days.
The products are covered by the legal warranty of conformity in accordance with the provisions of Article L. 217-4 and following of the Consumer Code. The customer has a period of 2 years from the delivery of the Product to take action.
In case of a defect, the buyer must inform the seller within 10 days of receipt by registered letter, specifying: the product, the date and invoice number, the serial number (SN….), the nature of the defect, its relative importance, and include a sample illustrating this defect. No returns will be accepted without our prior agreement. Goods recognized as defective by our services under the warranty will be exchanged, repaired, or refunded after our agreement, excluding any other compensation or damages.
The following are not covered by the legal warranty:
“SEYVAA” authorizes the buyer to use and mention the trademark “SEYVAA” and the “SEYVAA” logo (without any modifications of any kind) in all its promotional campaigns, exclusively for its own products, on any medium, on the condition that this promotion and marketing is done directly and exclusively by the buyer and not by a third party.
The use of the “SEYVAA” trademark or the “SEYVAA” logo is only authorized for the signatory of this contract, without any exceptions, unless expressly agreed upon by “SEYVAA,” and the beneficiary of this use of the trademark must strictly comply with the instructions and guidelines provided by the seller.
This authorization of the trademark by the buyer does not grant any rights to the ownership of the “SEYVAA” trademark, which remains the full property of the seller.
For this purpose, the buyer must ensure that the information on the brand’s products, which have been the subject of commercial communication, are sincere and accurate so as not to damage the image and reputation of the SEYVAA company.
The buyer must verify the accuracy of the information disclosed about the products, including their consistency, characteristics, price, and availability in stock.
Any violation of these provisions may result in the termination of commercial agreements between the parties.
In order to optimize the sales of its lighting fixtures, SEYVAA may provide the buyer with visuals of its products.
The provision of these visuals and documents aims to enable the buyer to implement communication and promotion of quality in line with the products sold, the brand’s reputation in its field of activity, and the brand’s commercial strategy.
For this purpose, the buyer undertakes to use these visuals only with the express consent of SEYVAA on communication media approved by SEYVAA.
These lighting fixtures and their visual representations remain the full intellectual property of SEYVAA.
Any unauthorized use by third parties, except with express authorization, is prohibited, and the violation of this clause may result in the termination of commercial relations between the parties.
According to Article 18 of Decree No. 2005-829 of July 20, 2005, regarding the composition of electrical and electronic equipment and the disposal of waste from such equipment (or its equivalent in the user’s country’s law), SEYVAA delegates to the user the disposal of waste generated from the equipment subject to this contract, under the conditions provided in Articles 21 and 22 of the same decree (or its equivalent in the user’s country’s law), as mentioned below. For example, by engaging an approved eco-organization or a professional specializing in the removal and treatment of electrical and electronic waste.
“Art. 21 – The selective treatment, recovery, and destruction of selectively collected electrical and electronic waste must be carried out in facilities that meet the technical requirements set forth in a joint order by the Ministers responsible for ecology and industry, and comply with the provisions of Title 1 of Book V of the Environmental Code. These operations may also be performed in any other facility authorized for this purpose in another Member State of the European Union or in another state, provided that the transfer of such waste outside France is carried out in accordance with the provisions of the aforementioned regulation of February 1, 1993.
Operations involving the recovery of components, materials, and substances from electrical and electronic waste, such as reuse, recycling, or use as a primary energy source in a facility, are considered as recovery operations.
During any recovery or destruction operation, producers are required to carry out or ensure the selective treatment of materials and components from electrical and electronic waste and to extract all fluids, in accordance with the provisions of the order mentioned in the first paragraph of this article.
Art. 22 – Recovery, particularly reuse, of electrical and electronic waste is preferred over destruction.”
By explicit agreement, the goods sold remain our property until full payment of their price, in accordance with Law No. 80 335 of May 12, 1980.
Sauf avis contraire, les marchandises sont payables à la commande au domicile du vendeur par carte bancaire ou virement bancaire à réception de la confirmation de commande, ou sur facture pro forma pour la première commande.
Les fabrications spéciales donnent lieu à versement d’acomptes à la commande. Tout autre mode de paiement convenu ne représente qu’une facilité accordée à l’acheteur et ne déroge pas à cette règle.
Toute somme non réglée à l’échéance donnera lieu de plein droit et sans nécessité de mise en demeure préalable au versement de pénalités de retard au taux de trois fois le taux de l’intérêt légal en vigueur. En outre et conformément au décret n° 2012-1115 du 2 octobre 2012, une indemnité forfaitaire de recouvrement de 40€ sera due par l’Acheteur en cas de retard de paiement. Ces intérêts et pénalité forfaitaire de 40€ courent du lendemain de l’échéance jusqu’au paiement intégral du montant dû.
Toute détérioration du crédit de l’acheteur, non-respect par ce dernier des conditions d’encours précisées le cas échéant par la Société SEYVAA et de façon générale toute modification de la situation de l’acheteur pourra justifier, de convention expresse entre les parties, l’exigence de garantie et/ou de modalités de paiement particulières fixées par le vendeur, voire le refus par la Société SEYVAA de donner suite aux commandes faites par l’acheteur.
En cas de retard de paiement le vendeur pourra suspendre ses obligations concernant la commande visée par le retard ainsi que toutes les commandes en cours jusqu’à complet règlement des sommes que l’acheteur reste lui devoir.
Le vendeur pourra également résilier de plein droit la vente et demander en référé la restitution des marchandises qui en sont l’objet sans préjudice du versement de tout dommage-intérêt à ce titre.
Cette résiliation frappera non seulement la commande en cours mais aussi, si le vendeur le souhaite, toutes les commandes impayé
In accordance with Article L221-18 of the Consumer Code, the CLIENT, as an individual, has a withdrawal period of fourteen (14) days from the date of their order. The withdrawal period expires fourteen (14) days after the day the CLIENT or a third party designated by the CLIENT physically takes possession of the last PRODUCT.
The right of withdrawal is excluded in the case of the supply of products made to the CLIENT’s specifications or clearly personalized.
To exercise their right of withdrawal, the CLIENT must notify their decision to withdraw by postal mail or email. The CLIENT can notify the SELLER by sending an email to contact@seyvaa.com or by mail to the company’s registered office.
They can also use the following form:
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of Seyvaa Company
21 avenue Edouard Belin
92500 Rueil Malmaison
Phone: +33 1 47 14 70 34
Email: contact@seyvaa.com
I hereby notify you of my withdrawal from the contract for the sale of the following PRODUCT:
Returned PRODUCT reference:
Quantity returned:
Invoice number:
Ordered on _______________/received on _______________
Name of the CLIENT and, if applicable, the beneficiary of the order:
Client’s address:
Delivery address:
Client’s signature (except for email transmission)
Date
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any case, no later than fourteen (14) days from the day the SELLER is informed of the CLIENT’s decision to withdraw.
The SELLER will make the reimbursement using the same means of payment as the CLIENT used for the initial transaction unless the CLIENT expressly agrees to a different means. In any case, the reimbursement will not incur any fees for the CLIENT.
The SELLER may withhold the reimbursement until the goods are received or until the CLIENT has provided proof of shipment of the goods, whichever comes first.
The CLIENT must, without undue delay and, in any case, no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the goods to:
KAP LOGISTIQUE SEYVAA
8 rue Gaston Romazzotti
67120 Molsheim
France
This deadline is considered met if the CLIENT returns the goods before the expiration of the fourteen (14) day period.
The direct costs of returning the goods are borne by the CLIENT.
The PRODUCT must be returned following the SELLER’s instructions and include all delivered accessories.
The CLIENT’s liability is only engaged with regard to any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the PRODUCT. In other words, the CLIENT has the possibility to test the PRODUCT, but their liability may be incurred if they carry out manipulations other than those that are necessary.
The SELLER disclaims all liability in the following cases:
Non-compliance with these General Terms and Conditions attributable to the CLIENT (inaccurate information during the order, illicit comments, etc.);
Delay or non-performance when the cause of the delay or non-performance is related to a force majeure event as defined by French jurisprudence;
External cause not attributable to the SELLER;
Temporary unavailability of the WEBSITE for technical maintenance or updates;
In the event of viral attacks;
In the case of abnormal use or unlawful exploitation of the WEBSITE;
Indirect or immaterial damages such as loss of opportunity, loss of profit, loss of contract, or reputational harm.
Links to third-party websites are provided for informational purposes only, and no warranty is provided regarding their content.
The SELLER participates in the collection and processing of Waste Electrical and Electronic Equipment (WEEE). In accordance with Articles L. 541-10-1, L. 541-10-8, and R. 541-160 of the Environmental Code, Seyvaa offers to take back or have taken back free of charge a used device when purchasing a new device of the same type. To do this, a detailed description of the luminaire to be returned, including a photo, brand, reference, size, and weight, must be provided to Seyvaa before the order is validated. Any inaccurate information or information provided after the order is validated will invalidate the return request.
This contract is subject to French law. For any disputes that may arise from the interpretation and application of this contract, regardless of the parties’ domiciles, the Commercial Court of Nanterre shall have exclusive jurisdiction.
