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General Terms and Conditions of Sale
Effective from December 15, 2020
1. Order Acceptance
Any order implies unconditional adherence to our General Terms and Conditions of Sale, notwithstanding any contrary stipulation in our customers' general terms of purchase. Certain provisions of the general terms may be modified at any time by STARTER. However, the applicable general terms and conditions of sale are those in effect on the date the order is placed.
2. Delivery Deadlines
Delivery deadlines are provided for informational purposes only, and any delays do not entitle the buyer to cancel the sale, refuse the goods, or claim damages. Any request to postpone or advance delivery must be accepted by us, and if it requires the implementation of exceptional means, it may result in additional billing for the extra costs incurred.
3. Transport
All our goods are sold as taken from our warehouses. They travel at the buyer’s risk, regardless of the mode of transport or the terms of payment for transport costs. Upon delivery, and to avoid disputes, it is imperative to:
- Unpack and check the goods IN THE PRESENCE OF THE CARRIER.
- In case of missing or damaged items of any kind, make PRECISE AND EXPLICIT reservations on the transport document and have them recorded by the driver.
- Confirm these reservations within 48 hours to the carrier via registered letter with acknowledgment of receipt and immediately send us a copy of this letter.
The buyer must issue detailed, clear, and as precise as possible reservations in case of observed anomalies (breakage, damage, non-conformity, incorrect product, color and/or size discrepancies, missing items, etc.), specifying the relevant order number and attaching any useful photographs. If the anomaly is confirmed, STARTER will take the necessary measures to remedy the defects. STARTER cannot be held responsible for the improper use or incorrect assembly of products contrary to the instructions provided in manuals and accompanying documents. If this entire procedure is not followed, no claim will be accepted.
4. Sale Prices
Our goods are invoiced based on the rates in effect on the delivery date. Customs duties, taxes, and any applicable fees required by foreign regulations are the responsibility of the buyer. STARTER reserves the right to modify its prices at any time. All orders must be paid in Euros.
5. Payment Terms
Payment deadline: STARTER invoices are payable immediately at the registered office. Payment terms may be granted upon approval and subject to payment guarantees. These terms shall not exceed 30 net days from the invoice date.
Payment methods: Invoices can be paid by bank transfer, credit card, or check. LCR (letter of credit) is not accepted, and no discount is given for early payment.
Any shipment of spare parts and accessories must be paid before dispatch via bank transfer or credit card.
6. Late Payment Penalties
In accordance with Article L. 441-6 of the French Commercial Code, late payment penalties and a fixed indemnity for collection costs are due if payment is not received the day after the due date indicated on the invoice. The annual late payment penalty rate is 20%, and the fixed indemnity is €40. The penalties accumulate and generate interest at the same rate of 20% if they remain due for at least one year, in accordance with Article 1343-2 of the French Civil Code.
7. Refusal to Sell or Required Cash Payment Clause
If, in a previous order, the buyer failed to fulfill any of their obligations (e.g., late payment), a sale may be refused unless the buyer provides satisfactory guarantees or makes an immediate cash payment. In such cases, no discount for cash or early payment will be granted.
8. Retention of Title Clause
By express agreement, STARTER retains ownership of the supplied goods until full payment is received, in accordance with Articles 2367 et seq. of the French Civil Code. The delivered goods remain, by law, the property of STARTER until the full payment of their price and any associated costs, such as transportation, packaging, customs clearance, and taxes.
In case of non-payment, even partial, and without prejudice to its other rights, STARTER may reclaim the goods by simply sending a registered letter at the buyer's expense. Although not the owner, the buyer bears all risks and damages the equipment may sustain. If applicable, customers must list STARTER’s goods under a specific category in their financial statements to reflect STARTER’s retained ownership. In the event of third-party seizure of these goods, the buyer must immediately inform the seller. Buyers remain entitled to use and resell the equipment in the normal course of their business.
9. Warranty
STARTER commits to delivering goods that comply with its technical specifications. The warranty starts from the date of purchase and is conditioned on full payment for the product. It includes the free replacement of any mechanical parts deemed defective after examination at our facilities, provided that the equipment has been used normally, in compliance with the user manual, and installed correctly following the manufacturer’s instructions.
For warranty duration and after-sales service procedures, please refer to the product sheet. The warranty is strictly limited to the replacement or repair of defective merchandise as determined by our services. Transportation costs are borne by the customer.
STARTER cannot be held liable for bodily injury, material or immaterial damage of any kind resulting directly or indirectly from improper product assembly, non-compliant use, normal wear-related malfunctions, replacement of accessories, wear parts, and consumables, or damages from external shocks. STARTER advises users to verify the product’s suitability for their intended use through preliminary tests, which will protect them against any liabilities and risks they assume.
STARTER does not accept returns without prior approval and without the RETURN FORM, which is provided upon request. Unauthorized returns do not delay the agreed invoice payment deadline.
Warranty Exclusions: The warranty does not cover products improperly installed, apparent defects, or damages caused by normal wear, external accidents (e.g., incorrect assembly, defective maintenance, abnormal use), or unauthorized modifications to the product. The buyer explicitly acknowledges receiving the necessary documentation, including the user and installation manual.
10. Returns
All returns are at the customer's expense, regardless of the reason. A return must be pre-approved and must include the RETURN FORM, provided upon request. Returns apply only to standard products. Requests must be made within two weeks of receipt.
Any item returned without prior approval, without the form, or beyond this period will not be accepted for refund or exchange and will remain the property of the customer. Items must be in their original packaging, unused, and unmounted to be resold without modification. Returns not meeting these conditions will be refused.
11. Intellectual Property
The product catalog and all its elements, such as trademarks, designs, logos, texts, images, sounds, photos, software, and databases, are the property of STARTER. Any reproduction or representation, in whole or in part, of the website or catalog, as well as any unauthorized reproduction of distinctive signs, constitutes counterfeiting. Likewise, any extraction or use of STARTER’s database content is prohibited.
12. Domicile and Jurisdiction
The registered office of STARTER serves as the legal domicile. In case of any dispute regarding the execution of a sales contract or payment, as well as the interpretation or execution of the above clauses and conditions, the Commercial Court of STARTER’s registered office shall have exclusive jurisdiction. Acceptance of bills or payment methods does not constitute a waiver of this jurisdiction clause.
13. Applicable Law
All sales concluded by STARTER are subject to French law.
14. Legal Information
Providing personal data for distance selling purposes is mandatory. This data is essential for processing orders, invoicing, and warranty agreements. Failure to provide this information will result in order cancellation.
In accordance with the French Data Protection Act, customers have the right to access, modify, rectify, and delete their personal data. Collected data may be shared with companies within the same group or commercial partners for order processing and marketing purposes, unless the buyer objects.
OUR PRICES ARE EXCLUSIVE OF TAXES, EX-WAREHOUSE, AND BASED ON OUR GENERAL TERMS AND CONDITIONS OF SALE.