1. General Terms and Conditions
These general terms and conditions of sale apply to all orders received by LIBAR, whether from professionals, merchants, or companies. They supersede all other terms and conditions, in particular the customer’s general terms and conditions of purchase. Placing an order implies full acceptance of these general terms and conditions, as well as any other specific conditions stipulated at the time of the order. All orders placed with the company are firm and final. The information contained in catalogs, brochures, price lists, and pro forma invoices is provided for informational purposes only; the seller may modify it at any time without prior notice. The parties to the contract are informed that these general terms and conditions of sale are subject to regular updates, which can be consulted at www.accessordi.fr, and that it is the CUSTOMER’s responsibility to consult them regularly before placing any orders with LIBAR. Unless LIBAR expressly terminates these General Terms and Conditions at the end of the calendar year, they will be tacitly renewed for the following year and will apply to both parties.
2. Orders
LIBAR reserves the right, upon receipt of any order in any form, to accept, reserve, or reject it. The unavailability of a product, whether due to being out of stock, its removal from our catalog, or discontinuation by the manufacturer, will not result in the cancellation of the entire order and will not entitle the customer to any compensation from LIBAR. Only available products will be delivered and invoiced. As LIBAR does not manage backorders, unavailable products will be considered permanently removed from the order; it is the customer’s responsibility to instruct LIBAR to replace them, or not, with other equipment of their choice and to modify the initial order accordingly.
3. Prices
The prices quoted are based on current economic conditions and are therefore subject to change depending on fluctuations in these conditions (duties, taxes, exchange rates, etc.). The prices applied to the order will be those in effect at the time the order is received by LIBAR. Prices are exclusive of taxes and are ex-works. All other charges or taxes (transport, VAT, WEEE, miscellaneous taxes, etc.) will be invoiced separately.
4. Payment Terms
Payment terms: Unless otherwise expressly agreed upon in the special conditions, LIBAR invoices are payable in full upon ordering the equipment or before shipment. Payments can be made by bank transfer or credit card. Invoices are net and without discount.
5. Delivery Terms
Delivery takes effect upon delivery of the goods by the carrier chosen by the customer. Delivery times are provided for informational purposes only. LIBAR shall not be held liable under any circumstances for failure to meet these deadlines. Any delays shall not, under any circumstances, justify the total or partial cancellation of an order or serve as grounds for any claim for compensation or the application of late penalties by the customer. In particular, in the event of a delay due to the carrier for any reason whatsoever (absence at delivery, transport delay, temporarily lost package, etc.), the dispute must be settled directly between the customer and the carrier.
In the case of delivery to the END CUSTOMER, the CUSTOMER authorizes LIBAR to make the delivery to their own contact (referred to as the END CUSTOMER). As such, they must provide LIBAR with the exact and complete contact details of the end customer, the delivery schedule, delivery conditions, the recipient’s name, and all other information necessary for the successful completion of said delivery.
LIBAR shall not be held liable if the delivery conforms to the order placed by its customer. Products always travel at the sole risk of the recipient, even if LIBAR handles the delivery. Optional delivery insurance: To cover potential risks during delivery, LIBAR offers the customer an insurance service. The premium offered is 1% of the invoice amount excluding tax. This insurance premium, being an accessory to the sale, is subject to applicable taxes and is invoiced separately to the customer who chooses to subscribe.
6. Receiving Goods
Claims: Upon receipt of the products, the customer is required to verify the completeness and conformity of their order, the number of packages, the contents of the packages, and the condition of the packaging. Any anomaly concerning the delivery (missing product compared to the delivery note, damaged packaging, damage, broken products, etc.) must be noted by the CUSTOMER in the form of clear, precise, and complete handwritten reservations on the delivery note, in the presence of the carrier. The customer and the carrier will date and sign the reservations made. If the carrier refuses to sign the reservations, the customer must notify them in writing on the delivery note and keep a copy of these reservations.
In accordance with Article L133-3 of the French Commercial Code, the customer must confirm any delivery anomalies by registered letter with acknowledgment of receipt within three days of delivery in order to confirm the claims with the carrier. Any claim relating to the ordered and delivered equipment must also be made within 24 hours by registered letter with acknowledgment of receipt to LIBAR. If the customer refuses delivery of the products and has not noted any anomalies on the delivery slip, this will be considered an unjustified refusal.
7. Returns
Only returns of goods delivered that do not conform to the order validated by LIBAR will be accepted. No returns or exchanges of equipment will be made without the prior written agreement of LIBAR, which will provide a return authorization number to be written on the goods. A copy of the original delivery slip must be included. Once the return authorization number is obtained, the customer will have 4 days to return the goods. A return request form can be downloaded from the LIBAR website.
The return authorization number must be clearly written on each package, without damaging the goods themselves. Returns will only be accepted for items in their original packaging, unaltered and unmodified. Software will only be accepted if returned in its sealed and undamaged envelope. No returns will be accepted for orders under €50 excluding VAT.
If the return is due to a customer order error, a handling fee equal to 10% of the value excluding VAT of the returned products will be charged. In the event of a return that does not comply with LIBAR’s terms and conditions (products not matching the return authorization, products not returned in their original packaging, damaged packaging, product that has been used and/or tested, return after the deadline, etc.), the return will be considered invalid, and the product(s) in question will be held for the customer at LIBAR’s headquarters for a maximum of 30 days from the date of receipt. If the customer fails to collect the product(s) within the specified timeframe, LIBAR will be free to dispose of the product(s) as it sees fit, and the customer will forfeit all rights to it. Return shipping costs are the responsibility of the customer.
8. Warranty and After-Sales Service
LIBAR acts as an intermediary between the manufacturer and the customer and therefore does not provide any contractual warranty for the products, except for the legal warranty. The warranty period for the products is that provided by the manufacturer and is binding only on them. Warranty periods may vary from one manufacturer to another. The manufacturers’ warranty conditions will be provided to any buyer who requests them in writing.
In the event of a malfunction upon unpacking, the customer must take the necessary steps, if a manufacturer’s warranty exists, to comply with the manufacturer’s after-sales service procedure. For any after-sales service request other than a malfunction upon unpacking, the customer must obtain prior authorization from LIBAR. The customer can refer to the terms and conditions on the LIBAR website and/or contact customer service, which will provide all necessary information and procedures.
For the avoidance of doubt, LIBAR reminds customers that products that have been damaged or improperly handled are excluded from both the manufacturer’s warranty and the warranty provided by LIBAR. In the event of the disappearance of a manufacturer, builder, or publisher, LIBAR will not assume any warranty liability. The manufacturer is solely responsible for determining the timeframe within which it will supply spare parts for the equipment. LIBAR only transmits the information provided by the manufacturer regarding these timeframes and cannot be held liable if the manufacturer fails to meet them.
