General Terms and Conditions
Section 1 : Applications
The purpose of these General Terms and Conditions is to govern sales of products and/or service made by the company Vidange Facile (Easy-Draining) and proposed on the following website of the company Cinquième dimension: http://www.vidangefacile.com. As these General Terms and Conditions are subjected to changes, we invite internet users to regularly read them and to print them. Unless otherwise stated, any order placed by a customer is subjected to these General Terms and Conditions, notwithstanding any clause to the contrary stated by any customer's documents.
Section 2 : Identity of the supplier
All products and/or services available on the website are supplied by Cinquième Dimension, SARL/Ltd with a capital of 10 000 Euros, registered in the Toulouse Trade and Company register under the number 503 907 297.
Registered office: 21 AVENUE DE FONDEYRE – 31200 TOULOUSE - FRANCE. Telephone : +33 5 31 61 52 52 (no surcharged call)
Section 3 : Acceptance of an offer and confirmation of order
Both the acceptance and the confirmation of order are performed by typing in data on successive screen pages. The definitive acceptance is subjected to the customer checking the following note: "I have read and accepted these General Terms and Conditions and agree to be bound by them" and to the customer realizing all payment operations (by Paypal or a credit card). The contract of sale is established only when the customer has confirmed his order. When an order is placed using a fax, the contract is established once the check is cashed.
The articles of the offer are described and presented as precisely as possible. In case, no matter how many precautions we take, errors were made, we could not in any way be held responsible. Photos representing products serve only for reference purposes.
Prices of all the products and/or services proposed on the website, in our commercial offers and in our advertising material are stated in euros in the product sheet of each good and/or service are per unit. All orders whatever their origin are payable in euros. All prices stated include VAT. Moreover, sales prices stated by Vidange Facile (Easy-Draining) include an eco-contribution. Prices are guaranteed unless digital errors happen. Discounts are granted, depending on the quantity ordered (Please contact us by firstname.lastname@example.org). Prices are valid as long they are displayed on the website. Vidange Facile (Easy-Draining) reserves the right to change its prices, at any time, but products and/or services will be invoiced on the basis of in force rates at the time the order is registered. When an order is placed from a country different from France, the customer is the importer of the product(s) and/or service(s) ordered.
3.2 Characteristics of the products and/or services proposed on the website
To access the main characteristics of the products and/or services proposed on the website, please refer to the product sheet of each good and/or service.
3.3 Placing an order
Placing an order is performed by typing in, on line, data required by the website. To place an order, each customer should have an e-mail address in good operating condition, to send and receive messages. Vidange Facile (Easy-Draining) will send to the customer a confirmation of order with an electronic confirmation of receipt to the e-mail address stated by the customer when he placed his order. This confirmation of order reminds the customer :
• the identity of the supplier,
• the main characteristics of the product/service ordered,
• the delivery instructions,
• the data of the Customer service,
• information related to the After Sale Service and to commercial guarantees,
• possible restrictions of the contractual responsibility of the supplier,
• procedures and conditions for exercising the customer's right to resign/withdraw,
• the price, including VAT and the ways of payment.
If you want to place an order on line, a help will be provided to you to manage the content of your basket.
Once you have added to your basket the articles you want to purchase, the details of the order are displayed to let you modify the articles and the quantity ordered. Once you have created you account, you can modify your private data in the heading "My account". You can read the details of your order, the total price of the order and, if necessary, modify all possible errors. You will then validate your order by performing an electronic payment using one of the ways of payment proposed by the application. You do not want to place an order on line. You can place an order by fax at 05 31 61 61 38 if you are in France and at +33 5 31 61 61 38 in case you are out of France. To do so, please state your First name, your Last name, the delivery address, your e-mail address, the description of the product ordered, the exact quantity ordered, the shipment selected (Colissimo or Chronopost). You will receive an email to confirm that your order has been processed. This email will state: the delivery time, the total price of your order, including VAT, an order number which you will please note down at the back of the check you will send us to confirm you order (please refer to section 2.2 A for the address of our registered office)..
3.4 Delivery or availability time
All articles detailed on our website are in stock. In case of stock shortage, we will do our best to limit the delivery time as much as possible. Delivery times are stated at the latest and are not subjected to any penalty, whatever the reason. Nevertheless, in case you want to cancel your order, please send us a request by email at email@example.com. We will reimburse you for your whole order within a maximum thirty days. We will keep you informed with delivery times, to the greatest possible extent, depending on information provided by our suppliers. Products sold in France are in Toulouse. When some products are in stock shortage, please give us a telephone call at +33 5 31 61 52 52 (no surcharged call) or by sending an email at firstname.lastname@example.org to be provided with the restocking date. Our offers of products are valid only within the limit of available product stock in our warehouses and at our suppliers.
For a delivery out of metropolitan France (Overseas Departments and Regions, EC, other countries) please refer to section 5.2 Delivery out of metropolitan France.
Section 4 : Payment instructions
4.1 Secure payment at the order
By credit card : Secure transaction by the 3D Secure system of NATEXIS. By Paypal : secure transaction by the secure system of Paypal. In all circumstances, your credit number and the final validation of your order, to the 3D secure system, will, according to the 13 March 2000 regulation related to the electronic signature, have the status of proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.
By check: Following your order placed by fax, you have received an email of confirmation bearing an order number. Write a check in euros (€) payable to Vidange Facile and write down our order number at the back of your check. Then send your check to the following address : Vidange Facile via Cinquième Dimension 21 Avenue de Fondeyre 31200 Toulouse - France. Checks must be made payable to a bank domiciled in metropolitan France and must be received not later than 30 days following the edition of the confirmation email. The order will only be processed once the check is received. Therefore the time delays that apply in this case start from the day the check is cashed.
4.2 Deferred payment
For customers (companies, public services) having regular business with our firm (our agreement is required). Payment by check 30 days end of month. Minimal invoice amount : 500€ excluding VAT. Late payment: unless deferment of payment is requested in time and agreed by us, if the customer fails to settle the sums payable for our supplies by the deadline, it will lead to :
-the immediate payability of any outstanding amounts owed by the customer, whatever the way of payment agreed (payment of invoices owed by check or bank transfer).
-the payment of late penalties equal to at least 3 times the statutory interest rate. This interest will accrue from the date of due payment until the date that actual payment is cleared. Unless a specific agreement is otherwise agreed, the interest rate shall be that applied by the European Central Bank, plus 3 per cents.
-the immediate payability of a fixed penalty equal to 10% of the balance owing.
-the option for Vidange Facile (Easy-Draining) to suspend any delivery to the customer until the date the actual payment is cleared..
We reserve the right to suspend any further delivery to the customer until the date the actual payment is cleared. Vidange Facile (Easy-Draining) retains ownership of the goods sold until payment of the full price.
Section 5 : Shipment of the products
According to the Incoterm of the contract of sale EXW CCI 2000 (21 Avenue de Fondeyre 31200 Toulouse - France) the risks shall be transferred by the Seller to the Buyer when the goods leave our warehouse. When stating your order, you can select :
5.1 Delivery in metropolitan France
Delivery made by Colissimo within Day+48 hours for each order placed before 11 am. Delivery made by Chronopost within Day+24 hours for each order placed before 11 am. Shipment costs depend on the product ordered. They are displayed when the order is placed and they will be invoiced to you once the order is validated. In case the delivery is performed at least 7 days later than the schedule delivery date, the customer, in accordance with the article L114-1 of the consumer Code, will be able to cancel the order, sending a recorded delivery letter with acknowledgement receipt, within 60 business days from the schedule delivery date. In accordance with the article L121-20-1, Vidange Facile (Easy-Draining) commits itself to reimburse the price of the product within a maximum of thirty (30) days.
5.2 Delivery out of metropolitan France
In relation for a such delivery, please send us by mail or by fax a request for a pro forma invoice related to shipment or exporting costs. We will not perform a partial delivery. VAT will be invoiced in accordance with in force regulation at the times the products are shipped or exported. (for overseas Departments and CE countries: payment by credit card, postal order, check made payable in France; other countries: only by bank transfer or our bank account). IN THIS CASE: the minimal order is 500,00 €, excluding VAT.
Section 6 : Reception of the goods
It is essential that, in case the person who receives the goods is not the buyer, this person receives the packing, the content being controlled later on by the buyer.
6.1 Reception of the packing
When the parcel is delivered, the person who receives the parcel(s) is in charge of inspecting the condition of the parcel(s). He/she will make and write down reserves, if necessary, on the delivery form provided by the delivery man. You and the delivery man will then sign the delivery form (two copies of it). Keep one copy for yourself, then refuse to take the parcel in case it is in poor condition. In case the delivery man has no delivery form (bill of lading) the parcel(s) in poor condition must be refused.
6.2 Receiving the content
Once the products are unpacked and inspected, any defect must be served by mail or email to Vidange Facile (Easy-Draining) within 8 days following the reception of the parcel. A copy of the bill of lading must be attached to this mail or email.
Section 7 : Customer Service
Our Customer Service is at your disposal for any information, query or advice. In order to find your order and to provide you with the best possible answer, we will require your full name, your postal address and possibly your customer number.
Postal address :
Via Cinquième Dimension
21 Avenue de Fondeyre
31200 Toulouse - France
Téléphone : +33 5 31 61 52 52 (no surcharged call)
Email address :
Section 8 : Right of withdrawal
In accordance with article L121-20 and following of the Consumer Code, our non-professional customers conserve the right to return the product in case the product is not to his liking, within 7 clear days from the delivery date. The right of withdrawal, as it is allowed under the law, does not oblige the seller to take back products damaged or used. The 7-day deadline time starts :
- for products : from the day after the day the customer has received the product ordered.
- for services : from the day after the day the customer has placed his order.
When this deadline expires one Saturday, one Sunday or a public holiday, it is prolonged until the first next working day. If the consumer exercises his right of withdrawal, in accordance with this section, he shall be reimbursed within 30 days following the date he exercised his right.
Section 9 : Returning the products
Once the products have been received and inspected, they will be not returned nor refund, unless they are properly packed in their original packings, in perfect cleanliness and in proper working condition. In case the product is a gift, independently of any obligation to purchase whatsoever, exercising ones' right to returning the product in order to ask for a reimbursement implies returning the gift to Vidange Facile (Easy-Draining). Vidange Facile (Easy-Draining) will then send a check payable to the customer, to the invoice address, no later than 30 days following the reception of the parcel, provided it has been accepted, following the inspection.
Section 10 : Guarantee and After Sale Service
To qualify for product guarantee, the customer must retain the purchase invoice for the product. The guarantee does not cover: the abnormal or inappropriate use of the product; the defects and their consequences linked to a non-compliance with the intended use of the product, or to any external cause. In case your product is faulty, please first contact Vidange Facile (Easy-Draining) at +33 5 31 61 52 52 (non surcharged call). Our ASS technician will check that you have properly used the product. In case of persistence of the defect, you will be given a Return Authorization Number (DAR number). Please correctly pack your product, and write down RETOUR EN GARANTIE (GUARANTEE RETURN) and your Return Authorization Number (DAR number). Send your parcel to the following address : Vidange Facile via Cinquième Dimension 21 Avenue de Fondeyre 31200 TOULOUSE - France. Keep your dispatch note and your Return Authorization Number (DAR number). Once we have received and inspected your product, we will inform you, by email, with any decision taken with regard to a reimbursement.
Section 11 : Dispute
This contract is subjected to the French law. The language of this contract is French. Vidange Facile (Easy-Draining) will not be held responsible of failure to the concluded contract, due to a force majeure, as defined par French courts, in the event of fault of the customer or if the non-execution is attributable to the act, unforeseeable and unavoidable of a third-party of the contract. Products sold by Vidange Facile (Easy-Draining) should be used only to perform the servicing of facilities or equipments. The Seller shall not be liable for any damage due to mistakes made by the Buyer when the Buyer uses the Products. Our products are supplied with a user's manual. The user must make sure he has read and understood this manual as well as the manuals related to the equipments for which our products will used. Vidange Facile (Easy-Draining) shall not be held liable for the consequences resulting from any misuse of our products. Where a dispute arises, the French courts shall have exclusive jurisdiction.
Section 12 : Disclaimer
In case of delivery in a country different from France, Vidange Facile (Easy-Draining) shall not be held liable for non compliance with regulations of the country where the product and/or service has been delivered. It is the responsibility of the customer to verify with the local authorities concerning the importation or use of the products which the customer intends to order. Photos and texts reproduced on the website to illustrate our products and/or services are purely indicative title and have not a contractual value. As a consequence, Vidange Facile (Easy-Draining) shall not be held liable in the event of error in one of these photographs or one of these texts. Vidange Facile (Easy-Draining) shall not be held liable for breach of contract on the occasion of stock shortages or product unavailability, unforeseeable circumstances, force majeure, disruption or partial or total strikes of the mail service and means of transport and/or communication. Vidange Facile (Easy-Draining) shall not be held liable for any consequential damage, and in particular the trading loss and the loss of profit. Hyperlinks featured on the website may lead to other websites. Vidange Facile (Easy-Draining) shall not be held liable in the event the content of these websites are in violation of current laws and regulations.
Section 13 : Protection of personal data
In accordance with the law n°78-17 of 6 January 1978 on data processing, data protection and freedom, as amended by the law n° 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data, Vidange Facile (Easy-Draining guarantees that data related to a customer will not be passed (sold, exchanged, hired, given, lent) on to third parties (unless he has otherwise agreed). In accordance with this law, the customer shall benefit from a right to access, correct or remove personal data. The customer can exercise this right by sending an email to email@example.com. When an order is placed, only fields required to place the order must be documented. Documenting other fields related to the possible supply of other services is not compulsory. Screen pages used to pay by credit cards or Paypal are respectively the property of NATEXIS and Paypal. As a consequence, information stated on their sites are not accessible to us and will never be communicated to us. Data recorded by Vidange Facile (Easy-Draining) constitute the proof of all transactions between Vidange Facile (Easy-Draining) and its customers. The archiving of our data is done on reliable and long lasting supports in order to provide a true and long lasting copy in compliance with article 1348 of the civil code.
The user will find details about his rights and duties and information about the protection of personal data on the website of the "Commission Nationale Informatique et Libertés/National Commission on Information Technologies and Freedom" (www.cnil.fr). Website users are invited to inform Vidange Facile (Easy-Draining) with any problems with the site involving personal freedoms.
Section 14 : Intellectual Property
In accordance with the article L.335-2 of the French Intellectual Property Code, the violation of a copyright work is a crime of counterfeiting punishable by a sentence of 3 years imprisonment and a fine of 300,000 Euros. Vidange Facile (Easy-Draining) is a trademark registered at the INPI by the company Cinquième Dimension. Any other trademark on this website is the property of the company concerned. All texts, images, audio tracks and illustrations on the website of Vidange Facile (Easy-Draining), are the exclusive property of Vidange Facile (Easy-Draining).