Terms & Conditions

Applicable from December 15, 2020

1. Order acceptance

All orders imply unreserved acceptance of our General Terms and Conditions of Sale, notwithstanding any stipulation to the contrary in our customers' general terms and conditions of purchase. Certain provisions of the general terms and conditions may be modified at any time by STARTER. However, the general sales conditions applicable are those in force on the day the order is placed.

2. Delivery times

Delivery times are given as an indication only, and any delays do not entitle the purchaser to cancel the sale, refuse the goods, or claim damages. Any request to postpone or bring forward delivery must be accepted by us and, if it requires the use of exceptional means, may give rise to additional invoicing for the extra costs incurred.

3. Transport

All our goods are sold as taken from our warehouses. They travel at the buyer's risk, whatever the mode of transport or the terms of payment for carriage forward. At the time of delivery and to avoid any dispute, it is imperative to:

- unpack and inspect goods IN THE PRESENCE OF THE CARRIER,

- in the event of shortage or damage of any kind whatsoever, make PRECISE AND EXPLICIT reservations on the transport note and have them recorded by the driver,

- confirm these reservations within 48 hours to the carrier by registered mail with notice, and immediately send us a copy of this letter. The buyer must make the necessary reservations, detailed, legible, as precise as possible in case of anomalies found (breakage, damage, non-conformity, product error, different color and / or dimensions, missing, etc..) specifying the number of the order concerned, enclosing any useful photograph. If the anomaly is proven, STARTER will implement the necessary means to remedy the defects found. STARTER shall not be held liable for any use or assembly of the products that does not comply with the instructions provided in the manuals and documents enclosed with the products. In the event of non-compliance with this procedure, no claim will be accepted.

4. Price list

Our goods are invoiced on the basis of the rates in force on the day of delivery. Customs duties, taxes and any services to be paid in application of foreign country regulations are at the buyer's expense. STARTER reserves the right to modify its prices at any time. All orders are payable in Euros.

5. Terms of payment

Payment terms: STARTER's invoices are payable to the head office in cash. Payment terms may be granted upon approval and subject to payment guarantees. Such payment terms may not exceed 30 days net from date of invoice.

Payment methods: Invoices are payable by bank transfer, credit card, cheque or non-accepted LCR without discount.

All shipments of spare parts and accessories must be paid for before shipment by 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 flat-rate indemnity for collection costs are payable in the event of non-payment on the day following the payment date shown on the invoice. The rate of late payment penalties is 20% per annum, and the amount of the indemnity is €40. Penalties accrue interest at the same rate of 20% when they are due for at least one year, in accordance with article 1343-2 of the French Civil Code.

7.Refusal of sale or cash payment clause

If, during a previous order, the purchaser has failed to meet one of his obligations (late payment, for example), he may be refused sale, unless he provides satisfactory guarantees or cash payment. No discount for cash or advance payment will be granted.

8. Retention of title clause

By express agreement, STARTER reserves ownership of the goods supplied until the last day of full payment, in accordance with articles 2367 et seq. of the French Civil Code. In accordance with the law, delivered materials remain the property of STARTER until full payment of the price and its accessories such as transport costs, packaging, customs clearance and fiscal taxes. In the event of non-payment, even partial, and without prejudice to its other rights, STARTER may obtain the return of the goods by registered letter at the purchaser's expense. Even if he is not the owner, the purchaser shall bear the risks and damages that the equipment may suffer. Where applicable, it is the customer's responsibility to enter STARTER's goods delivered under reservation of title in their balance sheet under a special heading. In the event of seizure of these goods by third parties, the purchaser is obliged to inform the seller immediately. Customers remain entitled to use and resell the equipment in the normal course of their business.

9. Warranty

STARTER undertakes to deliver goods in conformity with its technical specifications. Its warranty takes effect from the date of purchase and is conditional upon full payment for the product. It includes free replacement of any mechanical parts found to be defective after examination in our factories, provided that the equipment has been used normally and in accordance with the manufacturer's instructions, and that it has been assembled correctly and in accordance with the manufacturer's assembly instructions. For warranty duration and after-sales service procedures, please refer to the product data sheet. The warranty is exclusively limited to the replacement or repair of goods recognized as defective by our services. Transport costs are at the customer's expense. Under no circumstances shall STARTER be held liable for any bodily injury, material or immaterial damage of any nature whatsoever which may be the direct or indirect consequence of incorrect assembly of the product or its use which does not conform to the use defined by the manufacturer, for malfunctions due to normal wear and tear of the products and replacement of accessories, wearing parts and consumables, or for damage caused by various impacts to the products. STARTER recommends that, before using the product, users ensure that it is exactly suitable for the intended use, if necessary by carrying out preliminary tests, which will protect them against the responsibilities and risks incumbent upon them. STARTER will not accept any return of goods without its prior agreement and without being ACCOMPANIED with the RETURN FORM, supplied on request. Unauthorized returns shall in no way delay payment of invoices on the agreed due date.

Warranty exclusions: The warranty does not apply to products that have not been properly assembled in accordance with the instructions and assembly manual, or to visible defects. Also excluded are defects and deterioration caused by natural wear and tear or by an external accident, in particular incorrect assembly, defective maintenance or abnormal use, or by any modification of the product not foreseen or specified by the seller and by the documentation sent to the purchaser, which he hereby acknowledges having received. The purchaser expressly acknowledges, without any possible subsequent dispute, having received the documentation relating to the equipment purchased, and in particular the operating and assembly instructions.

10. Return of goods

All returns will be made at the customer's expense, whatever the reason. All returns must be accepted by us beforehand and accompanied by the RETURN FORM provided on request. Returns only concern standard products. All requests for returns must be made no later than 2 weeks after receipt of the goods. Any item returned without prior agreement, or without a form, and after this deadline cannot be returned or exchanged under any circumstances, and will remain the property of the customer. All returned items must be in their original packaging and unused and/or unassembled, so that they can be put back on sale without intervention. All returns not complying with these conditions will be refused.

11. Intellectual property

The catalog of Products as well as any element composing them such as trademarks, designs, logos, texts, images, sounds, photos, software, databases, are the property of the STARTER. Any reproduction and/or representation, whether total or partial, of the site or catalog, as well as any reproduction of distinctive signs, without the authorization of its author or owner, is forbidden and would constitute an infringement. Similarly, any extraction and/or use of the content of STARTER's databases is prohibited.

12. Election of domicile and jurisdiction

STARTER's registered office is the place of jurisdiction. In the event of any dispute relating to the performance of a sales contract or the payment of the price as well as in the event of interpretation or performance of the clauses and conditions set out above, the Commercial Court of STARTER's registered office shall have sole jurisdiction. Bills of exchange or acceptance of payment do not novate or derogate from this jurisdiction clause.

13. Applicable law

All sales concluded by STARTER are subject to French law.

14. Legal information

The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and dispatch of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of nominative customer data has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL). The buyer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him, which he can exercise with STARTER. The data collected is intended for STARTER and may be communicated to any company in the same group

group and to any commercial partner, for the purposes of processing and tracking orders, and for sending commercial prospecting, provided that the purchaser has not objected.

OUR PRICES ARE EXCLUSIVE OF TAX, EX-STORE AND BASED ON OUR GENERAL TERMS AND CONDITIONS OF SALE