The online store https://systork.io/ site was set up by the company SYSTORK which is the operator of this site.
Any order under a product appearing in the online store's website
https://systork.io. requires prior consultation of these general conditions. Consequently, the consumer is fully aware that its agreement on the content of these conditions does not require the signature of this document, to the extent that the customer wants to order online the products presented in the framework of the shop the website. The consumer has the ability to save or print these terms and conditions, provided that both saving and editing of this document are the sole responsibility. The consumer, prior to his order, said that the acquisition of these products is not directly related to his professional activity, their acquisition is reserved for personal use from him. As a consumer, the customer has specific rights, which would be called into question the assumption that the products or services purchased through the website would actually have to do with his professional activity.
The consumer states have the full legal capacity to engage under these terms and conditions.
Article 1: Entirety
These terms represent all obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these terms and conditions. No general or specific in documents sent or given by the consumer may be incorporated, since these documents are inconsistent with these terms and conditions.
Article 2: Purpose
These general conditions are intended to define the rights and obligations of the parties as part of the online sale of goods and services offered by the company SYSTORK the consumer.
Article 3: Contractual documents
This contract consists of the following contractual documents, presented in descending order: these terms, the order form. In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document senior prevail.
Article 4: Entry into force-length
These conditions come into force on the date of signing the purchase order. These conditions are concluded for the time necessary for the provision of goods and services purchased, until the expiry of the guarantees owed by the company SYSTORK.
Article 5: Electronic signature
The "double click" of the consumer on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be confirmed towards e-mail no later than the time of delivery or at the address specified by the customer in the order form.
Article 7: Proof of the transaction
The records stored in computer systems company SYSTORK in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
Article 8: Product Information
8-a: The company SYSTORK this on its website to sell products with the characteristics required to comply with Article L 111-1 of the Consumer Code, which provides the opportunity for potential consumers to know before taking control of the essential characteristics of the products they wish to buy.
8-b: The offers presented by the company SYSTORK are valid only within the limits of available stocks.
Article 9: Price
Prices are in euros excluding taxes and speak only as of the date of mailing of the order by the consumer. They do not include delivery fees, charged in addition, and indicated before the validation of the order. We can not charge VAT on products sold since the company SYSTORK is governed by the laws applicable to micro-enterprises. Payment of the full price must be made when ordering. At no time, the payments cannot be regarded as payments or instalments.
In case of order to a country other than metropolitan France, you are the importer of the products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of SYSTORK. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of your country. We advise you to find out about these aspects from your local authorities. The company SYSTORK refuses any modification of the billing documents in accordance with the regulations in force.
The products remain the property of the company SYSTORK until full payment of the price.
Warning: as soon as you physically take possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 10: Payment
To set the order, the consumer has, at its option, of all the payment methods specified in the order form. The consumer provides the company SYSTORK it has the required permission to use the payment method chosen by him, while validating the order.
The company SYSTORK reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card by a certified financial institution or in case of nonpayment.
The company SYSTORK specifically reserves the right to refuse a delivery or an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is currently being administered. SYSTORK society has set up a procedure for control checks to ensure no one is using the bank details of another person without his knowledge. As part of this audit, the customer will be asked to send by fax to the company SYSTORK a copy of a photo ID and proof of address. The order will be confirmed after receipt and verification by us of parts sent.
Article 11: Availability of products
The order will be executed no later than within three days from the day after the consumer placed his order. In case of unavailability of the product ordered, mainly because of our suppliers, the consumer will be informed at the earliest and will be able to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days before their payment, or exchange the product.
Article 12: Delivery
The products are delivered to the address specified by the customer on the order form.
The consumer has to check the status of the packaging of the goods upon delivery and report any damage to the carrier on the delivery order, and society, within a week. Regarding shipping, we work primarily with UPS because it's safe and there is an assurance. We offer a shipment in a letter for small and cheaper products but beware there is no assurance and there will be no refund in case of loss of package.
When we do a shipment, you will immediately receive an e-mail information.
UPS is a very reliable service. However, it may be, as in any expedition, there may have a delay in delivery or the product gets lost. In case of late delivery from the date that we have indicated in the mail from, we ask you to report the delay in calling us by phone or by sending us an email. We then contacted the transporter to start an investigation. An investigation may take up to 21 days from the date of commencement of the investigation. If during this period, the product is found it will be immediately re-routed to your home (most cases). But if the product is not found at the end of the period of 21 days of investigation, UPS considers the package as lost. It is only then that we can send you a replacement at our expense. If the product ordered were not available at this time, we will refund the amount of products affected by the loss of the carrier. We are not responsible for the longer delivery times because of carrier, especially in case of loss of products or strike.
Article 13: Delivery problems due to carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken product ...) must be indicated on the delivery form of "handwritten reserves", accompanied by the signature of the customer. The consumer must confirm this problem by sending the carrier within two (2) business days following the date of delivery by mail with return receipt stating such claims. The consumer must send a copy of this letter by fax or by mail to our customer service.
Article 14: Delivery errors
# 14-a: The consumer must make to society SYSTORK the day of delivery or later than the first business day after delivery, any claim of error of delivery and / or non-conformity of goods in kind or as compared to the entries on the order form. Any claim made after this time will be rejected.
# 14-b: The formulation of this claim from the company SYSTORK can be made: email now.
# 14-c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company from all liability SYSTORK towards the consumer.
# 14-d: Upon receipt of the complaint, the company SYSTORK assign a number of exchange of the product (s) (s) concerned and communicate by e-mail, fax or telephone to consumers. The exchange of a product can take place only after the allocation to the consumer of a number of exchange according to the approach outlined above.
# 14-e: In case of error of delivery or exchange any product for exchange or refund will be returned to society as a whole and SYSTORK in its original packaging.
To be accepted, any return will be reported in advance to the Customer service of society. Shipping costs are the responsibility of society SYSTORK except if it would prove that the product does not match the original declaration made by the consumer in the right of return.
Article 15: Product Warranty
Consumers cannot be deprived of the legal guarantee which requires the seller to guarantee against all consequences of defects of the thing sold. The consumer is expressly informed that the company SYSTORK is not the producer of products other than electronic boards with the label SYSTORK presented as part of the website within the meaning of Law No. 98-389 of 19 May 1998 and on the liability for defective products. Therefore, in case of damage to a person or property by a default product, only the responsibility of the producer of it could be sought by the consumer, based on information on the packaging of the product. The conditions and the manufacturer warranty period are shown on the relevant products. Given the frequency of renewal of the components of technical products, SYSTORK may, upon request, inform the consumer of the availability of spare parts of products offered and how to possibly get them.
In the case of electronic boards produced by the company SYSTORK, only the user is liable for damages caused by improper handling or failure due to wear. We disclaim all responsibility and inform every and potential hazards and risks.
Hardware Warranty & Service Repairs rules
1) Limited Hardware Warranty
SYSTORK warrants that the products sold by it shall be free from material defects in material and workmanship for a period of one (1) year from the date of purchase (‘The Warranty Period’) for BtoC (business to consumer) sales and (1) month for BtoB (business to business) sales.
Any failed hardware devices should be returned to SYSTORK for repair during The Warranty Period. Before returning equipment for repair, Customer shall contact SYSTORK for a Return Merchandise Authorization (‘RMA’) number. Failure to do so may result in the shipment being rejected and in delays in returning the equipment.
Hardware devices manufactured by SYSTORK may be repaired or replaced as SYSTORK may elect, but in any event, the replacement or repaired device, shall be shipped back to Customer within 2 weeks of receipt by SYSTORK.
Customer shall be responsible for shipping costs to SYSTORK. SYSTORK shall prepay shipping charges for units returned from factory to Customer.
2) Misuse Exceptions
The warranty on hardware devices shall be null and void if the product has been subject to unauthorized modification, misuse, abuse, neglect, accident, improper installation, alteration or neglect in use, storage transportation or handling, as is determined by SYSTORK at its sole discretion.
3) Service outside of Warranty
Hardware devices returned for repair outside of the warranty period shall be subject to a flat rate fee of 65€. If the unit cannot be economically repaired, we will contact you for instructions.
Customer shall be responsible for shipping costs to and from SYSTORK.
4) No Fault Found (NFF)
Before returning units please ensure that you conduct a bench test to confirm any faults, as the fault may be as a result of faulty installations or cables and not the equipment being returned.
SYSTORK reserves the right to charge a 30€ fee plus shipping charges from factory to Customer for returned NFF units.
5) Invoice on package
If you are shipping internationally the following information must appear on the Commercial Invoice to be placed in the document pouch on the outside of the package:
– Statement: Returning to France for repair and return.
– If a Commercial Invoice is required for the return, you must state the original purchase price of each unit; include a copy of original purchase invoice if available.
Article 16: Right of withdrawal
The consumer* has a period of 14 days to return, at its expense, the products do not suit him. This period starts from the date of receipt of the consumer's order. If this deadline falls on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day. All returns must be reported prior to the Customer company SYSTORK. The product should be returned by the shipping method chosen by the customer, the cost of returning the remaining dependents.
Only new products will be taken as a whole and returned in perfect condition for resale. Any product that has been damaged will not be refunded or exchanged. This right of withdrawal is without penalty, except for the cost of return. Assuming the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid, or the exchange of product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
In case of exercising the right of withdrawal, the company SYSTORK Import will make every effort to reimburse the consumer within 15 days. However, given the technical nature of products sold, this period may be extended to 30 days, especially when the product needs a technical audit (see products to be tested first). The consumer will then be refunded by a credit to his bank account (secure transaction) if paid by credit card or check in other cases.
*The right of withdrawal specified below is only valid for private individuals.
Article 17: Rights of use
The right to use software SYSTORK society and those distributed by it, the consumer is granted a non-exclusive, personal and not transferable in accordance with the Code of Intellectual Property.
However, under Article L122-6-1 of the Code, the consumer has a right of reproduction only for the establishment of a backup, when it is necessary to preserve the use of the software. In any case, the software author retains ownership of his work, the consumer agrees to comply.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as acts of God or force majeure any compelling facts or circumstances, outside parties, unforeseeable, inevitable, beyond the control of the parties and which can only be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days after the date on which it becomes aware.
Both parties will then, within a month, unless unable due to force majeure, to examine the impact of the event and agree with the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, these terms may be terminated by the injured party. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning stop telecommunication networks or difficulties specific to telecommunication networks to external customers.
Article 19: No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of competent jurisdiction, the remaining provisions will remain in full force and scope.
Article 20: No Waiver
The failure of either party not to claim a breach by the other party to any of the obligations under these Terms shall be construed in the future as a waiver of the requirement involved.
Article 21: Title
In case of difficulty in interpretation between any of the titles at the head of clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
These general conditions are subject to French law. This is for the fund rules as to the rules of form. In case of dispute or claim, the consumer should first contact the company SYSTORK for an amicable solution. In a second step and in case of appeal, the consumer may file a complaint with the company, through its dedicated dialog.
Article 23: Data Protection
The information requested from the consumer is required to process the order and may be communicated to partners of the company SYSTORK involved in the execution of this command. Consumers can write to the company SYSTORK whose coordinates are within the terms and conditions contained in the website, to oppose such disclosure or to exercise their rights of access, correction to the regard to the information concerning and contained in the files of the company SYSTORK, as provided by the Act of 6 January 1978.
Article 24: Indemnity and recovery costs
For any professional, failing this and in accordance with the law 2008-776 of August 4, 2008, a late interest equal to three times the legal rate will be applied, as well as a fixed compensation for recovery costs of 40 euros (Decree 2012- 1115 of 02/10/2012). VAT paid on receipts.
