Terms and Conditions of Sale applicable since 01/04/2021
General information:
STOP LED, a French simplified joint stock company (SAS) with capital of €5,000, whose registered office is at 6 Rue de la Closerie, 91090 Lisses, registered in the Evry Trade and Companies Register under number 750 383 689, VAT no. FR08 750 383 689, is a company marketing in all manners, articles, advice and equipment to professionals, businesses and local authorities (hereinafter “the Customer” or “the Customers”), under the STOP LED brand (hereinafter “STOP LED”).
Unless otherwise stipulated in writing by STOP LED, all orders are subject to the terms and conditions below, which the Customer acknowledges having read and accepts.
These terms and conditions supersede any clause to the contrary issued by the Customer, in particular any terms and conditions of purchase and any specific documents belonging to the Customer.
The SAS STOP LED reserves the right to refuse or to cancel any order from a Customer in particular in the event of the insolvency of the said Customer or in the event of non-payment of the order in question or of a previous delivery or any dispute relating to the payment of a previous order.
Orders:
The choice and purchase of products are the sole responsibility of the Customer.
The photographs and graphics presented on the www.speqtris.sport website are intended to illustrate the products offered for sale and are non-contractual.
The Customer should refer to the description of each product in order to find out about its properties and specific features, particularly with regard to the required characteristics and size.
All orders must be made in writing, specifying the quantity, quality and price of the equipment, and may only be considered accepted after written agreement from the company STOP LED. All mail orders must be accompanied by payment of a deposit equal to at least 30% of the amount inclusive of VAT, the balance being payable before dispatch unless otherwise specifically stipulated in writing.
The parties expressly agree that written proof of consent to the contracted obligations may be furnished by the computer records of orders retained by STOP LED. This method of proof, which the Customer recognises as valid, shall be admissible irrespective of the amount of the order.
Given the principle of final validation of the order defined by STOP LED, no modification of a validated order will be accepted by STOP LED.
Product availability:
Our products are offered subject to availability of stocks and for products not stocked by us, subject to their availability from the suppliers of STOP LED. Although our stocks are regularly renewed, some articles may be temporarily or permanently unavailable from our suppliers. STOP LED cannot be held liable for the unavailability of any articles.
Should any article or articles become unavailable after the order has been placed, STOP LED will personally inform the Customer as soon as possible either by email or by post.
Prices:
Prices are quoted exclusive of VAT and including VAT. Our prices are quoted ex Pusignan (69) or Lisses (91), or ex works, excluding postage and packing. Unless otherwise stipulated by us, the prices invoiced will be those in force at the time the order is received. They may be adjusted in the event that our suppliers increase their prices.
Payments and late payment:
Unless otherwise stipulated, all invoices are payable in cash and without discount.
Any failure to make payment will result in the immediate suspension of all deliveries, without any compensation, and any pre-payments already received will be forfeited.
Failing payment of any invoice by the due date, or within the fifteen days that follow in the case of cash payment, all invoices issued will become immediately payable, even if they have given rise to bills of exchange.
In addition, and in accordance with the provisions of Article L. 441-6 of the French Commercial Code, any sum due and still outstanding on its due date will bear interest at a rate set at three times the legal interest rate.
Any late payment will entitle our company to request cash payment before dispatch for any subsequent order.
Lead times:
As our lead times are given for guidance only, any delays shall not grant the Customer the right to compensation, a reduction in the price or the right to cancel the order. The Customer may not make any deduction from the invoice, whether due to a problem with the lead time or for any other reason, except in the case of automatically applicable legal provisions.
Deliveries:
Our goods travel at the recipient’s risk, even when they are shipped “carriage paid”.
The goods delivered must be inspected upon receipt.
The recipient is responsible for making the necessary reservations to the carrier within three days of receipt, in accordance with Article L 133-3 of the French Commercial Code.
Without prejudice to the measures to be taken with regard to the carrier, the buyer must inform the seller by registered letter with acknowledgement of receipt within three days of the date of delivery of any apparent defects or non-conformity of the goods delivered.
The letter, together with a copy of the delivery slip, should be sent to the following address:
SAS STOP LED – 6 RUE DE LA CLOSERIE 91090 LISSES – FRANCE
Failing this, the Customer will be deemed to have accepted the goods.
The recipient is responsible for unloading the goods.
It shall be for the Customer to provide all proof of the existence of defects or anomalies detected. The Customer must allow STOP LED every opportunity to verify the existence of the defect and to remedy the same. The Customer shall not take any steps to remedy the defect and shall not use the services of a third party for this purpose.
Any defect or faulty workmanship recognised after an adversarial examination shall only oblige the seller to replace the goods recognised as defective, free of charge, to the exclusion of any compensation for business interruption or additional loss.
Giving notice of a dispute, either by post or by any other means, shall not exempt the buyer from paying the invoice on the due date stipulated in the contract.
Use of the Products sold:
The Customer shall be solely responsible for the work, handling and other uses of the products sold.
Consequently, all work and handling, in particular the acquisition and installation of the safety devices necessary to use the products sold, the conveyance and supply of fluids, the fitting out of premises, etc., shall be payable by the Customer. Any work shall be carried out by the Customer and on its sole responsibility.
The Customer shall be liable for any damage caused by the installation or fitting at the Customer’s premises or sites or by any other cause external to the equipment sold.
The Customer shall, in particular, ensure that such uses comply with legal requirements, particularly with regard to safety, and with provisions relating to health, safety and accident prevention.
Consequently, STOP LED may not be held liable for any damage whatsoever (bodily harm, material or immaterial damage) resulting from improper use of the products.
Photometric studies linked to the sale:
The photometric studies provided by STOP LED are carried out to provide guidance on the potential lighting result according to an installation and the product characteristics defined in the study. These studies remain a theoretical simulation of illuminance levels and may not, under any circumstances, be used as a reference or as a guarantee of the results after installation. In practice, lighting results can vary with the tolerance of the lamps and luminaires, their positions and settings, and the reflection factors of the site at which they are installed.
Warranty – Scope:
The goods sold are covered by the manufacturer’s warranty. This warranty covers all hidden or apparent defects from the date of delivery. The only obligation incumbent upon STOP LED under the warranty is strictly limited to the repair or replacement of goods affected by a defect or non-conformity recognised by the manufacturer, without any other service or compensation. It does not cover “wearing” parts such as luminaire drivers. Costs of carriage shall remain payable by the Customer. For articles that we resell, only the manufacturer’s warranty shall be applicable.
In order to benefit from the product warranty, the Customer must keep the purchase invoice for the product. Unless otherwise specified on the product datasheet, the contractual warranty period is two (2) years. Repairs made under the warranty shall not have the effect of extending the duration thereof.
The Customer may not claim any compensation in the event of the unavailability of an article due to the application of the warranty.
Warranty – Exclusion:
The Customer will be deprived of the legal and contractual warranties in particular in the event of:
- Abnormal or improper use of the product.
- Outdoor installation of the product on a pole, with no lightning protection installed on the power line at the foot of the pole.
- Repairs or any intervention by persons other than STOP LED or not approved by it or by the manufacturer, or if such repair or intervention did not comply with the instructions.
The seller may suspend the legal and contractual warranties in the event of late payment or total or partial non-payment of the price of the article.
Warranty – Limits :
The liability of STOP LED is limited to the repair or replacement of articles recognised as defective or comprising a manufacturing, labelling or packaging defect. STOP LED will have the possibility of investigating the alleged defects. All other warranties, express or implied, are excluded. No liability will be accepted for loss or damage, whether direct or indirect, and howsoever caused. Under no circumstances will the Customer be entitled, on any grounds whatsoever, to deduct any amount from invoices corresponding to an incomplete delivery or relating to defective goods.
Retention of title:
STOP LED shall retain ownership of the goods sold until full payment of the principal price and all incidental costs. Failure to make payment may result in the goods being reclaimed. These provisions do not prevent the transfer to the purchaser, upon delivery, of the risks of loss and deterioration of the goods sold as well as any damage they may cause.
The Customer therefore undertakes to insure the goods against all risks, in particular loss, theft, total or partial destruction, as well as against any damage they may cause.
The Customer is responsible for maintaining the condition of the goods sold under retention of title and shall bear the cost of any deterioration.
The costs of returning the goods will be payable by the defaulting Customer, as well as any depreciation of the goods. Any pre-payments made will be retained by STOP LED as compensation.
The goods shall remain the property of STOP LED until full payment of the price, the Customer being expressly forbidden to resell them, grant them as collateral or dispose of them in any way whatsoever prior to making such payment.
Cancellation clause:
In the event of non-performance of its obligations by the buyer, the contract will be cancelled as of right in favour of the seller, at its discretion, without prejudice to any damages that may be claimed from the defaulting party. The cancellation will take effect seven days after formal notice has been sent and has remained unanswered, and any pre-payments already received will be forfeited.
Force Majeure:
STOP LED shall not incur any liability if the non-performance or late performance of any of its obligations described in these terms and conditions of sale is due to a case of force majeure.
In this respect, force majeure means any external, unforeseeable and unavoidable event within the meaning of Article 1148 of the French Civil Code.
Data Protection:
STOP LED informs the Customer that the data it collects is processed electronically. Consequently, the Customer’s personal information may give rise to the exercise of the right of access and rectification pursuant to French Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, by writing to the seller at the following address:
by post: STOP LED – 6 Rue de la Closerie 91090 Lisses
by email: stopled@speqtris.sport
Intellectual property:
All documents provided to the Customer shall remain the exclusive property of STOP LED, the sole holders of the intellectual property rights in and to these documents.
The Customer undertakes not to use these documents in any way that is liable to infringe the property rights of STOP LED, and agrees to return them to STOP LED at its request.
No waiver clause:
No delay, omission or failure in exercising any right or remedy provided for herein shall be deemed a waiver or relinquishment of such right or remedy by the party concerned.
Severability:
Should any of the stipulations of these terms and conditions be held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and effect.
Use of references:
The CUSTOMER acknowledges that STOP LED may use its contact details, as well as the nature of the work or products ordered, as a reference on its communication materials.
Competent court:
Any dispute arising out of or in connection with the relations between STOP LED and its Customers, even in the event of introduction of third parties or multiple defendants, shall, in the absence of a clearly expressed amicable agreement to the contrary, fall within the jurisdiction of the Commercial Court of Evry (France).
Governing law:
By express agreement, these terms and conditions shall be governed by the laws of France.
Recommendations to users:
STOP LED recommends that users of its equipment strictly comply with the safety provisions and precautions and scrupulously follow the instructions for use issued by the various manufacturers.