Terms of Sales

CENTRAL FACTORY – GENERAL CONDITIONS OF SALE

The general conditions of sale detailed below govern the contractual relations between any customer USINE CENTRALE, brand of Dca Distribution SAS with capital of €7,000, whose head office is located at 8 Avenue du général de Gaulle, 94160 Saint-Mandé, registered at RCS CRETEIL under number 522 135 375 00056, Intracommunity VAT FR52213537500056. The company can be reached by email by clicking on the contact form accessible via the site's home page www.usinecentrale.com. Hereinafter the “Seller” or the “Company”.
PREAMBLE

The Seller is a publisher of products and services intended for consumers, through its website www.usinecentrale.com. The list and description of the goods and services offered by the Company can be consulted on the aforementioned site. The company's activity is presented and explained there as well as the destination of the products sold to consumers (see art. L111-1 consumer code).

Article 1: object

These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller. The contract defines the obligations of the parties (Seller: deliver the goods, Buyer: pay the price) – by virtue of the information obligation imposed by art. L111-1 c. of consumption.

Article 2: General provisions

These General Conditions of Sale (CGV) apply to all sales of Products, made in stores and on the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time, by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: www.usinecentrale.com. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Supremacy

These general conditions of sale apply automatically to the commercial relations that the company Dca Distribution SAS maintains with its customers for online sales. They therefore apply to any customer placing an order in ligne.Toute derogation from these conditions results from a contractual agreement or special conditions of sale for certain products. Any order automatically implies the buyer's unreserved acceptance of these conditions and his waiver of all stipulations which could be reproduced on his own orders or his own correspondence unless otherwise waived in writing by Dca Distribution SAS. The applicable General Terms and Conditions are those in force at the time of the order.

Article 4: Orders

Product availability as well as the delivery time are displayed on the Site, on each product sheet. Dca Distribution SAS reserves the right not to record a payment, and not to confirm an order for any legitimate reason, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received. When ordering, the customer is informed that spare parts are available at least three months after purchase.
Article 4.1: Procedure for concluding an online contract via the site www.usinecentrale.com.

When ordering for the first time via the Internet, any new customer must create a “customer account”; an identifier (“login”, and a password will be requested. During each order validation, you will be directed to your account via a secure connection recalling the content of your order. Your order can be modified at any time before its validation final. It will only be definitively recorded after providing the various information and validations. The order placed is automatically canceled in the absence of receipt of payment. We archive purchase orders and invoices on our servers. The contract is validly concluded as a result of of the “double-click” procedure. You have the possibility to check the details of your order and its total price, and to correct any errors, before confirming it to express your acceptance. Taking into account your order is confirmed by sending an automatic email generated by our website to the email address indicated when creating the customer account.

Article 5: Price

The products are sold to the extent of their availability in stock at the time of the order, at the prices in force as indicated in the Dca Distribution SAS price list, expressed in Euro, on the day of the order. Unless otherwise stipulated, the prices in our catalogs, prospectuses and prices may be modified without notice within the framework of the regulations in force. Unless otherwise stated, the prices appearing on our order acknowledgments are firm and cannot be revised. Any invoicing error must be reported by registered letter with acknowledgment of receipt within eight days of the date of the invoice. By express agreement, only the invoice numbered and published by Dca Distribution SAS is authentic, regardless of the documents which may have been submitted previously. The accepted means of payment are indicated on the home page of the website. The validity period of a credit note issued by Dca Distribution SAS is 6 months from its creation date. To be able to use a Dca Distribution SAS credit, the original of this credit must be presented.

Our company delivers the goods no later than thirty days after the conclusion of the contract. In the event of failure to deliver within this period, the customer may terminate this contract by registered letter with acknowledgment of receipt. We encourage the buyer to check his deliveries and to make any useful reservations with the carrier upon receipt of the goods and to confirm the reservations by registered letter with acknowledgment of receipt addressed to the carrier within three days (if the carrier does not did not give the consumer the opportunity to actually verify the good condition of the delivered goods) from receipt of the products and to inform Dca Distribution SAS within the same period. The buyer must refuse delivery if a package is damaged, missing or repackaged.

Article 6: Reservation of ownership

The seller retains ownership of the goods sold until effective payment of the entire price in principal and accessories. The delivery of a document creating an obligation to pay (draft or other) does not constitute payment within the meaning of this clause. Failure to pay any of the due dates may result in the goods being claimed. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold as well as the damage they could cause.

Article 7: Commercial guarantee

Our new equipment is guaranteed for two years by return to our workshops accompanied by a copy of the invoice and the RMA form (authorized return of equipment). Our used equipment is guaranteed for 12 months. Only products sold by Dca Distribution SAS, within the warranty period and verified as defective, give rise to an exchange or repair (repair times approximately 3 to 7 weeks).

No guarantee is provided in the following cases:
- The type or serial number appearing on the product has been modified, erased, deleted or made illegible ;
- the equipment has undergone repairs, modifications or transformations ;
- Defects are due to neglect of maintenance, misuse, non-compliance with the seller's instructions, normal wear and tear resulting from use of the equipment, technical intervention by a third party, cause external to the device (for example, accident, shock, lightning, current fluctuation, etc.), or a customer fault resulting for example from use or installation not in compliance with specifications of the manufacturer, use detrimental to the proper conservation of the device, use of unsuitable peripherals, accessories or consumables.

Dca Distribution SAS will not be held responsible for any loss of data or any failures, particularly on the hard drive, resulting from handling errors made by the customer. Dca Distribution SAS will not be required to provide any compensation to the buyer for any direct or indirect harm, such as personal accidents, damages and loss of profits. If the repair is not covered, Dca Distribution SAS will establish a quote for support and diagnosis. For products with a specific manufacturer's warranty (handling of the warranty directly by the manufacturer, or on-site warranty, or specific warranty extension), the Customer must contact the manufacturer directly, without going through Dca Distribution SAS, which does not provide any commercial guarantee regarding these products. Dca Distribution SAS will refuse any return of goods in this context and cannot be held responsible for any failure of the manufacturer under this guarantee.

Excluded from the scope of the guarantee:
• Defective pixels and pixel colorimetry defects,
• breakdowns resulting from the modification of the original characteristics of the covered product,
• Aesthetic damage caused to the exterior parts of the protected product, not affecting its proper functioning, such as, for example, scratches, chips, scrapes,
• Damage caused by computer viruses,
• Damage caused by any external accidental event or by abnormal use of the equipment (accident, malicious intent, sabotage, false operation, abnormal current fluctuation outside of normal limits, power supply deficiency, fire, flooding, lightning, natural cataclysms, falls, shocks, non-compliance with manufacturer's specifications, use of peripherals, consumables, etc.), damage caused by fire, lightning, corrosion, salt, or by an unsuitable energy source.
• Damage resulting from intensive commercial professional use giving rise to rapid wear and tear (rental of protected products, continuous use in a public place, mining, etc.).
• Breakdowns resulting from oxidation, the presence of sand and/or water, dust and more generally any foreign body, use harmful to the proper conservation of the device.
• Accessories and consumables (batteries when removable, batteries, etc.) supplied as standard or whose renewal is necessary,
• Breakdowns and damage due to falls, shocks or poor handling,
• Preventive interventions such as maintenance or overhaul,
• Data and software stored on the product covered by the guarantee, or on any element linked or connected to it.

Legal guarantee ONLY FOR INDIVIDUAL CUSTOMERS

When the consumer acts under the legal guarantee of conformity, he has a period of two years from delivery of the good to act. For second-hand goods, this period is set at twelve months in accordance with article L217-7 of the Consumer Code. The consumer can choose between repair or replacement of the good, subject to the cost conditions provided for by article L211-9 of the Consumer Code (if none of these solutions is effective within a period of one month to from the date of the consumer's complaint, the latter may demand a refund). The consumer is exempt from providing proof of the existence of the lack of conformity of the goods for twenty-four months, except for second-hand goods. This legal guarantee of conformity applies independently of the commercial guarantee. The consumer can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, the consumer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

WARRANTY CONDITIONS FOR REFURBISHED PRODUCTS:
The warranty is 12 months for desktop and laptop computers, as well as other products from the date of shipment (excluding breakage linked to transport). Excluded from the guarantee are the battery life of telephones, tablets and laptops for which the guarantee applies within 14 days after receipt.

Article 8: Option of withdrawal – ONLY FOR DISTANCE SALE AND WITHOUT EXCEPTIONS

Under the conditions provided for by article L121-16 of the Consumer Code and in the context of distance selling, the buyer has a withdrawal period of 14 clear days from receipt of the order. He then has fourteen days following his decision to withdraw to return the product to us. According to article L121-20-2, the right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for contracts for the supply of audio recording or computer software when they have been unsealed by the consumer and for consumables. The right of withdrawal cannot be exercised on parts assembled at the buyer's request. The buyer must return the goods in their original condition and packaging. For any return of goods, the customer must contact our services by message from their personal customer space, or by telephone at + 33 7 79 47 84 40. The return of the goods is made using the withdrawal slip available in the appendix below, at the expense and risk of the buyer, and in all cases by shipping the goods to the head office. The buyer must also inform Dca Distribution SAS by sending the withdrawal form (in the appendix below) by message from their personal customer space. The cost of returning the product when it, due to its nature, cannot normally be returned by post will be given by our customer relations department. As an indication, the price is €75 including tax for a package of 30 to 40 kg. No returns can be made to one of the Dca Distribution SAS stores. In the context of a withdrawal, the transport costs linked to the return of the goods to the headquarters remain the responsibility and at the risk of the buyer. The right of withdrawal cannot be exercised, in the cases provided for by article L221-28 of the Consumer Code and in particular for products made according to the consumer's specifications or clearly personalized, such as parts assembled at the request of the consumer. the buyer, or, products, which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly such as for example ink cartridges or computer software contracts when they have been unsealed and cannot be returned for hygiene and health protection measures.

Article 9: Complaints and after-sales service

For any return of goods, the customer must contact our services from their personal customer area, or by telephone at + 33 7 79 47 84 40. After obtaining the return agreement, the buyer has a period of 7 days to return the defective goods to the seller. The buyer then sends to the seller the item or items which appear to be defective complete and in their original packaging, unless otherwise indicated by the seller. Packs containing several products must be returned in their entirety with their original packaging, even if only part of the products is defective (unless otherwise indicated by the seller). Any return of equipment for incompatibility of part(s) is excluded (except within the 14-day withdrawal period). The labels stuck on the parts are essential for the guarantee. Packaging must be kept in perfect condition. If this is not the case, the buyer cannot benefit from his right to complain. A returns number is required to identify packages. This number must appear clearly on the outside of the package, near the shipping address preceded by the words “After-sales service” in large letters. When the buyer entrusts delivery of the product to a carrier other than that designated by Dca Distribution SAS, the risk of loss or damage to the product is transferred to the buyer.

Article 10: Return of WEEE for individuals

Dca Distribution SAS takes back used electrical and electronic equipment free of charge which the consumer disposes of within the limit of the quantity and type of products sold. The customer must contact our services at the time of ordering by message from their personal customer space, or by telephone at + 33 7 79 47 84 40. The customer must contact Dca Distribution SAS before shipping their order; this so that collection can be done at the same time as the product is delivered. No collection can be made after delivery of said order. We inform you of: - The obligation not to throw away EEE with household waste - That there are collection systems available to you - The potential effects of dangerous substances present in EEE on the environment and health human. You are informed of the unit costs supported by the elimination of historic WEEE thanks to the eco-contribution.

Article 11: Intellectual property

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 12: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the rights to question, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. This information allows us to carry out operations relating to customer management, prospecting, the development of commercial statistics, the management of unpaid debts and disputes, the management of promotional operations and the management of notice. By entering your email address on our site, you will be able to receive emails containing information and promotional offers concerning products published by the Company and/or its partners. In accordance with the Data Protection Act of January 6, 1978 (amended) and the General Data Protection Regulations, you have the right to access, rectify, portability and erase your personal data. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the site webmaster. You can also request the limitation of the processing of data concerning you. To find out more or exercise your rights, write to webmaster@usinecentrale.com. or to Dca Distribution SAS, 8 Avenue du général de Gaulle, 94160 Saint-Mandé. Your request must state your last name(s), first name(s) and customer number. You can also, for legitimate reasons, object to the processing of data concerning you and have the right to withdraw your consent at any time when the processing of personal data implemented is based on it. Finally, you have the possibility of submitting a complaint to the competent supervisory authorities regarding the protection of personal data.

Article 13: Attribution of jurisdiction

Any dispute over the interpretation or execution of any of the provisions hereof will be under the exclusive jurisdiction of the French courts, notwithstanding the possible plurality of defendants or the warranty claim. In accordance with article L. 612-1 of the Consumer Code, the buyer can use the CM2C mediation service free of charge, electronically: https://cm2c.net or by post: CM2C - 14 rue Saint Jean - 75017 PARIS