CONDITIONS CONTRACTUELLES

CONTRACTUAL CONDITIONS

 

 

 

 

Article 1: Fields of application and modification of the General Terms and Conditions of Sale

The present general terms and conditions of sale applies to all orders placed on www.organotest.com website.
ISM2D reserves the possibility at all times of adapting or modifying the present general terms and conditions of sale. In the event of modification, the terms and conditions of sale in effect the day of the order will be applied.

 

Article 2: Address of the company

The address and details of the registered office of the company are as follows:

ISM2D Limited
Office 2611, Office tower Langham Place
8 Argyle Street
Kowloon
Hong-Kong

Hong Kong Commercial Register: No. 1702325

Email: info@organotest.com

 

Article 3: Availability of the products

After reception of your order, we check the availability of the ordered product(s). In the event of the product being unavailable, we will contact you within 15 days maximum so that you can decide whether you want to wait, cancel the order or have a refund if payments have already gone through.

 

Article 4: Private sale & Privacy

Products are only accessible for sale after entering your complete address (invoicing and delivery addresses) and your e-mail address. A customer number is then allocated to you and allowing your identification on the website. For reasons of follow-up and safety, the internet user IP address is recorded on our site during its consultation. ISM2D is committed to never disclose our customers information to anyone outside the company except at the express request of the court. See our privacy policy for more details.

 

Article 5: Invoicing

An invoice number is assigned after validation by the customer. The date of the order corresponds to its creation. The registered customer can track the progress of his order on our website and can also print his invoices.

 

Article 6: Validation of the orders and electronic signature (law of March 13, 2000 on the electronic signature)

Any purchase order signed by the consumer by a “click” constitutes an irrevocable acceptance which can only be challenged within the limits established by the general terms and conditions of sale in effect at the time.

The “click” associated to the procedure of authentication, non-repudiation and protection of messages integrity constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

 

Article 7: Price

ISM2D reserves the right to modify at all times its prices but is committed in/ to applying the tariffs in effect and indicated to you at the time of your order. The prices are calculated during the ordering process through our web site following the customer’s parameters. This calculation will take account potential discount, the quantity, the product and shipping costs depending on the choice and type of carrier made by the customer. The price does not take into account the country's customs and VAT taxes upon receipt of the goods (see Article 8). After calculation, the overall order is displayed. The validation of the order starts the ordering process as defined by article 6.

 

Article 8: Customs and VAT

The prices on the site do not take into account the possible customs fees (depending on the country), nor the VAT of the country that can be claimed by the deliveryman. In the event the deliveryman fails to apply these charges to you, it is your duty to comply with the payment by paying VAT to your local tax office.

 

Article 9: Methods of payment, processing time and security

Payment terms.
You can make the payment:

by Paypal account
The paypal account is a safe and fast way for all Internet payment. We invite you to open an account if you do not currently have one.

by credit card
Payment by credit card can be made directly via Stripe and incidentally via Paypal without having to open an account.

by Wire / bank transfer
Payment can be made by bank transfer to the company account. Our bank details will be forwarded to you if you choose this option. Bank charges relating to bank transfer will be at your expense. The order will be unlocked only when the money is on the company account. A 3 to 5 days period and sometimes a longer period is to expect for the transfer to take place between banks.

Title retention clause
The products remain the property of the company ISM2D until the order have been paid in full. However, as soon as the customer receives the order, the risks of the goods delivered are transferred to the customer.

 

Default of Payment
ISM2D reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially settled a previous order or with which a payment dispute is being regularized.

 

Fraud control
If an order shows a different delivery address from the billing address, our services may be required to contact the two peoples mentioned; Namely the person attached to the billing address and the person indicated for the delivery address. As part of these procedures, our services may ask you for all the necessary documents to process your order: proof of domicile and bank account in your name but also proof of address in the name of the person indicated for the Delivery address etc.
These requests are made by e-mail, then by mail with AR. The non-transmission of the requested data will stop the processing of the command.
An unpaid invoice due to fraudulent use of a bank card will entail the registration of the order details associated with this crime within a payment incident file. An irregular declaration or an anomaly may also be subject to specific handling.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose all your personal data at any time by writing, and showing a proof of your identity, to our company.

 

Article 10: Terms and delivery deadlines

10.1 - Terms and Conditions

Overview
The products are delivered to the delivery address set out during the ordering process.
In order to be able to track parcels, we can’t deliver anything to military bases or other Armed forces premises. The shipping and packaging costs are calculated through our website, depending on the weight, the cost of the order, the choice of the type of carrier and the country of delivery

 

Delivery by carrier: The carrier's choice depends on the country of delivery. The time period is usually 5 working days.

10.2 - Shipping time

All the time periods are calculated in working days. Any item available in stock is shipped within 3 working days plus usually 5 days transport.
The time periods stated are average periods and correspond to the periods of your order processing, preparation and dispatch (when it leaves the warehouse).They start as soon as the order is validated
If the delivery time period exceeds what should be expected and your order hasn’t yet been dispatched from our warehouse,  you can cancel the order by contacting us. In the event that the order is already being forwarded by one of our carriers, you must contact us within 24 hours following the shipping confirmation, so we can stop the delivery. In case of you receive the parcel: refuse it and ask for a refund with our services. As soon as we have confirmed the return of your parcel, we will refund you within 15 days.

For orders including more than one product or containing a pre-ordered item, the overall shipping time period is based on the longest shipping time. However, ISM2D reserves the right to split the order into several deliveries without additional cost to the customer.

 

Upon the delivery

You must verify the conformity of the delivered goods at the time of the delivery and before signing the carrier's delivery note.

In the event of an anomaly regarding the delivery (ie: damaged product) you must write down your reserves and comments on the delivery slip followed by your signature.  The verification of the parcel is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery slip.

You must also notify by recorded mail the anomalies and confirm your reservations/ concerns to the carrier within 48 hours of receipt of the item(s) and send a copy of this letter to our services.
If the products need to be sent back to us, you must first contact our services for this request.

If the original packaging is damaged, ripped open or tampered in any way upon delivery, you have to check the condition of the items. If they have been damaged, you must refuse the parcel and note a reserve on the delivery note (parcel refused because opened or damaged).

 

Article 11: Responsibilities

  • ISM2D can not be held responsible for the non-performance of the contract concluded between the parties, on the grounds of force majeure, specifically in the event of a total or partial strike of the carrier’s services, and natural disasters, such as floods and fires. Regarding products purchased to meet professional requirements, ISM2D shall not be liable for any consequential damages resulting of the foregoing reasons: loss of business, loss of profit, damages or expenses.
  • The recommendations in the manual service of the devices warn and clearly indicate the limits of the company’s liability regarding the conditions of their use. The liability of the company can’t be challenged in the situation where the recommendations regarding the devices have been ignored.
  • The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial impossibility of using the products, notably due to the incompatibility of the equipment, can’t give rise to any compensation, refund or questioning of ISM2D’s liability, except in the case of a proven hidden defect, Non-conformity, malfunction or exercise of the right of withdrawal.
  • In the event of non-delivery of an order or part of an order, you have up to two months (from the date of departure from our warehouses) to show you. After this deadline, we will not accept any claim.

 

Article 12: Treatment of undelivered parcels by the service provider

This applies to the parcels that have not been delivered to the final recipient for the following reasons: the recipient doesn’t live at this address, unclaimed, refused, damage due to transport, spoliation etc.

 

12.1 - Returns under “doesn’t live at this address” or "unclaimed"

These are the parcels returned by the delivery service under the title doesn’t live at this address or which have not been claimed by the customers within the stated time period.
Upon receiving and accepting your parcel sent by our services, depending on the nature of the product, the available stocks and according to your instructions, we can either redirect the originally ordered product to the address of your choice or refund you the price paid for the product, which will be sent to you within 15 days.

12.2 - Returns under the "Refused" or "Spoliation"

You have refused your parcel upon the delivery
You can refuse your order to the carrier and ask for a refund on receipt of the parcel by contacting our services. Upon receipt of your returned parcel, a refund of the product’s price at the time of the order will be made within 15 days.

 

You refused the package because it’s obvious it has been opened and/or damaged
If your product is truly damaged, you must write specific reservations on the delivery note. If the package is damaged, ripped open, you must imperatively refuse the package, write a reservation on the delivery note and contact our services to inform us. The mention "subject to unpacking" do NOT represent a characteristic reservation and have NO LEGAL VALUE. It is therefore essential that you describe precisely the condition of the packaging and / or your product. (Ex: Box noises, opened package, damaged packaging, ripped off, pressed ... on the bottom right corner, scratched product, perforated, on the left inside ...). You must also confirm by recorded mail these reservations to the carrier no later than 48 working hours after receipt of the item (s) and send a copy of this letter to our services, recalling the references on the delivery note. Please note: The verification of the status of your product is deemed to have been carried out once the delivery note has been signed. Therefore, NO COMPLAINT WILL BE ADMISSIBLE IN CASES OF NON-COMPLIANCE OF THE INDICATIONS ABOVE. (Article L.133-3 of the French Commercial Code).
After receipt and acceptance of your parcel by our services, depending on the nature of the product, stocks and according to your instructions, we can reship the product initially ordered. Otherwise, a cheque for the full cost of the order (product (s) + shipping costs if your order has been shipped in one package) will be sent to you within 15 days of the acceptance of your return.

 

Reason of "spoliation"
This applies to parcels that have not been delivered to the customer due to spoliation: open packages, traces of shocks, empty parcels ... After reception and acceptance of your parcel by our services, depending on the nature of the product, available stocks and according to your instructions, we can reship the product initially ordered. Otherwise, a cheque for the full amount of the order (product (s) + shipping costs if your order has been shipped in one package) will be sent to you within 15 days of the acceptance of your return.

 

Article 13: Right to return

13.1 - Procedure and general conditions of return

With the objective of quickly identifying orders and requests for an optimal treatment of potential returns, any product requiring to be returned must be subject of a return request to our services, or we will refuse them. The time period during which you are allowed to contact our services, depends on the reason for return. To process your request, the order number and the full contact details must be provided.

Upon receiving our agreement for the return, you have 15 days to return the product to us. The returned parcel will be refused after this deadline. We advise you to wrap the parcel carefully and carry out the return through special registered delivery. Otherwise if the parcel dispatched by your care, and going back to our services, did not reach us, you wouldn’t be able to make any enquiry or ask to locate your parcel to the delivery service. be aware that a parcel that hasn’t been dispatched by our care is not under our responsibility. Only the sender of the parcel is able make enquiries to the delivery service.

Upon receipt of the returned parcel, our services will control the compliance and the condition of the product sent back to us and the reason for return. If the returned product is not compliant, our services will refuse it and send it back to you at your own expenses. If your return is carried out under a bad reason, your product could be refused and thus be sent back to you at your own expenses. The reason for return could be then redefined. You will consequently be informed by e-mail and the processing of your return will then be done according to the new reason.

The software should still be wrapped in their original cover and shouldn’t have in any case been installed on a computer before being returned. Otherwise, in case of a refunding, ISM2D reserves the right to retain on the order, the price corresponding to the software.

13.2 – Returns for erroneous reference

You have 15 days to report to us that the received product is not the one you have ordered, so that our services can allow you to return it.
The product must be returned in good condition and in its original packaging, even if it has been opened, with all the materials (accessories, cords, manuals, etc). The software should still be wrapped in their original cover.  
After reception and acceptance of your parcel by our services, and depending on the nature of the product, available stocks and according to your instructions, we can send the product initially ordered to you. Otherwise a cheque of the order total amount (product+ shipping costs if your order were dispatched in one single parcel) will be sent to you within 15 days following the acceptance of your return.

 

Expenses of return
After reception and acceptance of your returned parcel if our services know the shipping costs, we will refund it by sending a cheque. Otherwise our services will ask you for a proof of the incurred costs to be able to refund you.

13.3- Returns for retractation / withdrawal

Methods of return
In accordance with the L.121-20 article and following articles of the Consumer Code, you have 14 working days from the delivery date of your order, to return any article you are not satisfied with, in his original packaging and in good condition, suitable to be remarketed and to ask for an exchange or a refund without penalty, except for return expenses. Thus you have 14 days tell us you wish to withdraw your order.

 

WARNING:No withdrawal will be accepted if the returned product is not in good condition to be remarketed. Consequently, the product must be returned in perfect state, in its original packaging, not opened, not loosened, not damaged, not marked. All its accessories (manuals, cords, etc…) have to be returned with it.
Failing to do this, the product will be returned to you, at your own expenses.

 

Treatment of your return for retractation / withdrawal
After reception and acceptance of your parcel by our services, depending on the nature of the product, available stocks and according to your instructions, we can send you another product or make a refund of the product’s order total amount which will be sent within 15 days

 

Expenses of return for retractation / withdrawal
In the event of withdrawal, delivery and return expenses remain at the customer’s charge.

 

Article 14: Warranty and after sale services

Methods of application of the warranty

You can contact our services as soon as you notice the product broke down if you think that a simple advice can solve the problem. It is essential that you describe as much as you can the problem with the product. Only the products with a proven breakdown will be accepted.
In the event of proven breakdown of the product, a return procedure for repair is available on our website which identifies the serial number corresponding to the date of the invoice. A return number will then be allocated to you and you will be able to follow its processing through the whole time of the procedure. In the event of a dispute regarding the warranty date sent by our services, you must contact us.
The material (device and accessories) as well as the data processing is under 1 Year parts and labor warranty. If the product is used accordingly to the instructions manual which is provided with the product or can be downloaded on our website. Are excluded from the warranty, breakdowns caused by physical shock, corrosive product attacks, electric shock caused by a connection with another commercial product, bad handling (not described in the instructions manual), flood, lightning, thermal shock and and all their consequences. You can download on our website the instructions manual as well as the software associated to the product you bought as many time as you want.

In order to process your request, you must provide us with the return number. The shipping costs you paid to send us your product are at your charge.
Once your product is repaired, it will be sent back to you.

 

Warranty of hidden defects

You also profit from the legal warranty of the hidden defects. Only the products with a proven hidden defect can be the subject of a return under this reason.
In accordance with this article, customers who affirm that their product presents a hidden defect must be able to prove it. That’s why customers must ask a mandated expert to inspect the product and confirm the hidden defect.
If the expert confirms that there is indeed a hidden defect, the official document must be transmitted to our company as soon as possible. Upon reception of this document, an agreement of return as well as the procedure to be followed to return your product will be explained to you by our services. The expenses of return of your product are at our charge. The acceptance of your return will be done after observation of the hidden defect by our services. Once the product has been return to our services, your order will be replaced or refunded at the purchase price.
Subject to proven hidden vice, the consultancy fees incurred by the customer could be refunded by our services on presentation of the invoice corresponding to these expenses.

 

Out of warranty repair

The device that is no longer under warranty can still be sent back to our workshop for repair. The procedure is the same one as that for the warranty. The return process is carried out through our website. If the defective product is not an accessory, a fixed price of repair will be proposed. If you accept it, various modes of payment will be proposed to you. / you will have the choice between few different types of payment. After selection, a return number will be allocated. The material will have to be packed as well as possible. The wear and tear of the case will not be taken into account under the approved fixed price of repair. You will be able to follow the repair process during the all time through our website.
Once your product is fixed, we will send it back to you.

 

Article 15: Software license

The license of the software is licensed to the buyer. It can’t be reassigned in any case to a third party, in any form. The software can be downloaded and are updated on our website. You can therefore download and update them whenever you want. These software are developed by the company ISM2D and are free of viruses. The company can’t be held responsible for any alteration of your computer after the software installation