1. Applicability of the General Terms and Conditions of Sale

All sales of equipment (hereinafter referred to as “Products”) marketed by WeeeDoIT (hereinafter referred to as “WeeeDoIT”) are expressly and exclusively governed by these general terms and conditions. These general terms and conditions of sale are systematically sent or handed to each Client to enable them to place an order. Consequently, placing an order implies the Client’s full and unreserved acceptance of these general terms and conditions of sale. In the absence of written agreement from the Client on these general terms and conditions of sale, accepting any Product covered by the order will imply acceptance of these terms. These general terms and conditions will prevail over any general purchase conditions or specific conditions set by the Client in their purchase orders or other commercial documents, notwithstanding any contrary clauses. The fact that WeeeDoIT does not contest the possible provisions of the Client’s purchase orders or other documentation and/or does not invoke the provisions herein at any given time cannot be interpreted as a waiver of invoking these general terms and conditions of sale subsequently.

2. Order Modification and Cancellation

No cancellation or modification of the order by the Client after the order confirmation by WeeeDoIT will be accepted, except with WeeeDoIT’s written consent outlining the conditions for such cancellation or modification. No product returns for credit will be accepted without WeeeDoIT’s prior and express authorization, with the Products in question traveling at the Client’s cost, risk, and peril. WeeeDoIT may cancel any current order as well as any other order without incurring any liability or indemnity in the case of (i) delay or default in payment by the Client on this order or any other order, (ii) breach by the Client of any provision of these terms, (iii) substantial change in the supply conditions of raw materials or components provided by a third party, (iv) event beyond WeeeDoIT’s control making it impossible to transport the Products or supply raw materials, or (v) risk of Client insolvency and/or default in payment within the required conditions and deadlines.

3. Prices

The Products are supplied at the prices in effect at the time of order placement. Prices are understood to be excluding taxes, with equipment loaded on trucks at our warehouses, excluding all transportation, installation, and commissioning costs unless expressly stated in a price offer. WeeeDoIT reserves the right to revise its prices if its suppliers’ or service providers’ rates and sales conditions are modified.

4. Invoicing and Payment Terms

An invoice is issued for each delivery and delivered at the time of making the Products available at our warehouses or on the day of shipment. Unless otherwise stated on the invoice, payments are due no later than thirty (30) days from the invoice date. WeeeDoIT reserves the right to demand payment in advance and/or the establishment of payment guarantees when payment incidents or the Client’s financial situation justify it.

Late payment interest calculated at a rate equal to three (3) times the legal interest rate will be automatically applied to unpaid amounts after the payment deadlines mentioned above. Any Client in a situation of late payment will also owe, in addition to late payment penalties, a fixed indemnity for collection costs of 40 euros (Art. L.441-6 and D.441-5 of the Commercial Code). If collection costs exceed the fixed amount, WeeeDoIT will be entitled to demand additional compensation.

Furthermore, any late payment will automatically result in a penalty equal to 10% of the pre-tax sale price. These penalties and this indemnity will be payable upon WeeeDoIT’s simple request. The Client’s failure to meet any deadline indicated on the invoice will automatically result in the forfeiture of the term and the immediate payment of all outstanding amounts. In case of late payment, WeeeDoIT reserves the right to suspend or cancel all ongoing orders and deliveries, without prejudice to any other action. Any advance payment made by the Client will remain acquired by WeeeDoIT by right, without prejudice to any additional damages WeeeDoIT may claim as compensation.

Invoices can be disputed within sixty (60) days from their issuance date. Beyond this period, they are considered accepted and cannot be contested. No discount will be granted for early payment.

5. Shipping – Deliveries

5.1 Delivery Methods

Unless otherwise specified in the special conditions, Products are delivered freight collect by making the Products available loaded on trucks at our warehouses. If the shipment of the Products is delayed due to the Client, WeeeDoIT reserves the right to charge storage fees according to the terms and payment conditions outlined in article 4 of these terms.

If the special conditions specify a “franco” delivery, WeeeDoIT or a carrier it appoints will ensure the transport of the Products to the agreed location between the parties. In any case, the Products travel at the Client’s cost, risk, and peril, bearing all risks of loss and/or damage from the moment the Products are made available at WeeeDoIT’s premises or handed over to the carrier appointed on the Client’s behalf.

Unloading the Products is always at the Client’s expense, regardless of the agreed delivery methods.

5.2 Delivery Dates

The delivery dates communicated by WeeeDoIT to the Client are indicative. WeeeDoIT reserves the right to make partial deliveries. Delivery delays cannot give rise to damages, retention, or cancellation of ongoing orders by the Client.

5.3 Delivery Delay – Force Majeure

WeeeDoIT cannot be held responsible for any delay or failure in delivery attributable to the Client. WeeeDoIT cannot be considered in default when the performance of its obligations is delayed, hindered, or prevented by a case of Force Majeure beyond WeeeDoIT’s reasonable control or its suppliers. Cases of Force Majeure include, but are not limited to, fires, strikes, floods, epidemics, natural disasters, quarantine restrictions, war, transportation delays, and shortages of labor, raw materials, or production capacity. In any case, delivery within the deadlines can only occur if the Client is up to date with its obligations to WeeeDoIT, whatever the cause.

5.4 Product Reception

Products will be deemed received and approved when they leave WeeeDoIT’s warehouses. In case of delivery freight collect, no quantitative claim will be accepted if the Client or its representative is absent at delivery. Upon the arrival of the Products at the destination, it is the Client’s responsibility (or its representative), regardless of the delivery methods, to check the condition of the Products before unloading them at their own risk. The Client must notify any shortage or damage to the carrier by registered letter with acknowledgment of receipt sent within three (3) days of receiving the Products. The Client alone has the authority to make the usual reservations to the carrier in compliance with the provisions of articles L133-5 and L133-6 of the Commercial Code. The Client will compensate WeeeDoIT for any damage resulting from the failure or delay in unloading or the failure to make claims to the carrier within the required time.

6. Product Compliance – Warranty and Liability

6.1 Product Non-Compliance

Without prejudice to the actions to be taken by the Client towards the carrier as described in article 5.4 of these terms, claims for non-compliance or apparent defects of the Products must be made in writing within fifteen (15) days of the delivery, accompanied by all evidence of the reported defects or shortages. Beyond this period, no claim will be accepted by WeeeDoIT. No Product return can be made without WeeeDoIT’s prior and express consent. The costs and risks of returning the Products are the Client’s responsibility. When the Client has made a claim within the deadlines and conditions mentioned above and WeeeDoIT’s liability is recognized, the Products found to be non-compliant will be replaced by WeeeDoIT, excluding any indemnity or damages.

6.2 Product Warranty

Products are guaranteed against any material or manufacturing defect for twelve (12) months from their commissioning, not exceeding eighteen (18) months from the invoice date. To benefit from this warranty, the Client must notify WeeeDoIT in writing as soon as possible of the alleged defects, no later than seven (7) days after their discovery, and provide all evidence of their reality. The Client must allow WeeeDoIT to inspect the reported defects or shortcomings. WeeeDoIT’s warranty is limited to the replacement of parts recognized as defective by WeeeDoIT. All shipping costs, taxes, removal, and reinstallation of these parts will be the Client’s responsibility. The replaced parts remain the property of WeeeDoIT. The warranty does not cover defects or damage resulting from causes attributable to the Client, particularly defects resulting from storage, transport, use, assembly, or maintenance issues, non-compliance with technical or professional standards. WeeeDoIT cannot be held responsible for defects or damage arising from parts or equipment provided by the Client. The Client cannot claim any indemnity for the immobilization of Products due to the application of this warranty. In case of non-compliance of the Products delivered duly recognized by WeeeDoIT under the conditions provided herein, the Client may obtain free replacement or reimbursement of the Products at WeeeDoIT’s choice, excluding any indemnity or damages. Products thus replaced under warranty will benefit from an extended warranty equivalent to the remaining initial period.

6.3 Liability Exemption

WeeeDoIT can in no case be held liable for production losses, costs of product withdrawal, loss of profits, loss of operation, or any other indirect damage resulting from the failure or non-compliance of the Products. In any case, WeeeDoIT’s liability will be limited to direct and proven damages caused to the Client by the Products, up to an amount equivalent to the price of the Products concerned.

7. Intellectual Property

Studies, estimates, drawings, plans, models, prototypes, software files, or other documents provided or sent by WeeeDoIT to the Client are the exclusive property of WeeeDoIT and must be returned upon request. The Client agrees not to use them in any way that may harm WeeeDoIT’s industrial or intellectual property rights. In particular, the Client is prohibited from reproducing them directly or indirectly and from using a WeeeDoIT brand or logo without WeeeDoIT’s express authorization. Any unauthorized reproduction or use may result in legal action and additional damages in favor of WeeeDoIT.

8. Retention of Title

WeeeDoIT retains ownership of the delivered Products until full payment of the price in principal and accessories. In case of non-payment by the Client of any part of the price on the agreed due dates, WeeeDoIT may rightfully demand the return of the Products at the Client’s expense and risk. In case of seizure or any other intervention by a third party on the Products, the Client must immediately inform WeeeDoIT. The Client may not, under any circumstances, pledge, assign, or transfer ownership of the Products before full payment of the price, under penalty of immediate claim of the Products by WeeeDoIT. WeeeDoIT reserves the right to exercise its rights under this clause for any unpaid invoice on its due date. The Client will bear the costs of immobilization or unavailability of the concerned Products. In case of attachment or any other intervention by a third party, the Client must immediately inform WeeeDoIT to enable it to oppose and preserve its rights. The Client is also prohibited from pledging or transferring the ownership of the Products under their custody as a guarantee.

9. Confidentiality – Data Protection

WeeeDoIT and the Client agree to keep strictly confidential all technical or commercial information, particularly prices and scales, samples, plans, models, tools, methods, know-how, formulas, and more generally all information, documents, or data communicated or accessed in the context of preparing and/or executing orders. The parties agree not to disclose or communicate this information to third parties without the prior written consent of the other party, except to their agents or subcontractors bound by professional secrecy and strictly necessary for the execution of orders. The parties agree to take all necessary measures to ensure compliance with these obligations by their staff and subcontractors. WeeeDoIT may access, collect, and process personal data necessary for the execution of orders. This data is necessary to manage contractual relationships, orders, deliveries, and after-sales service. They may be kept for the time strictly necessary to achieve these purposes. In accordance with the provisions of the French Data Protection Act of January 6, 1978, and the General Data Protection Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 (GDPR), the Client has the right to access, rectify, oppose, delete, and port their personal data. To exercise these rights, the Client can send a request to WeeeDoIT at the following address: contact@weeedoit.com

10. Competent Jurisdiction and Applicable Law

These general terms and conditions of sale are governed by French law. Any disputes that could not be resolved amicably will be the exclusive competence of the Commercial Court of Paris, even in the case of a warranty appeal or multiple defendants.