1. Preamble
VAT number : FR07510348006
Registered office : SAS DG Système - 506 route de Draguignan, 83510, Lorgues, France
Customer service : service@pieces-traceurs-occasions.com
These general terms and conditions of sale (hereinafter referred to as "GTC") apply to all transactions concerning the sale of new and used spare parts and used large-format printing equipment (hereinafter referred to as "Products"), carried out by DG Système (hereinafter referred to as "the Company") with professional customers (non-consumers) (hereinafter referred to as "the Customer").
DG Système is a major player in the large-format printer reconditioning and used parts sales sector. Our company is actively committed to recycling and reuse by giving a second life to equipment and spare parts, thus contributing to the reduction of our environmental footprint.
By choosing to purchase a Product from DG Système, the Customer expressly and unreservedly accepts these General Terms and Conditions of Sale, and confirms that he/she is acting as a professional, placing an order in the context of his/her commercial activity.
It should be noted that the provision of the French Consumer Code do not apply to purchases made by the Customer (except for professionals meeting the criteria of article L121-16-1), the latter being governed exclusively by the present GCS as well as by the mandatory provisions of the French Commercial Code and the French Civil Code relating to sales.
Validation of an order on our site implies formal and unreserved acceptance of the GTC and of our Personal Data Protection Policy, which the Customer acknowledges having consulted and accepted by ticking the box provided for this purpose when creating his/her account and when confirming his/her order.
The present General Terms and Conditions of Sale fully replace all previous versions of the General Terms and Conditions of Sale, thus rendering all previous versions null and void.
2. Product information
Products are described on our website in such a way as to provide the purchaser with all essential information, including main characteristics and prices.
DG Système takes all necessary steps to guarantee the accuracy and reliability of the information presented on its Site. Despite daily monitoring and updating, DG Système accepts no responsibility for any technical inaccuracies, typographical errors or omissions in the content of the Site, nor for any results that may be obtained from the use of this information.
The Customer acknowledges that the photographs, information and visuals of the products presented on the Site are not contractually binding. Consequently, DG Système cannot be held responsible for any incident relating to the image of the Product in question.
Trademarks mentioned on the Site are the property of their respective owners. Product specifications may be subject to change due to technological developments or offers from our suppliers.
3. Order and Validation
Products for sale on the Site are intended exclusively for persons with full legal capacity to make online purchases.
3.1 Customer account creation
Before placing any order, the Customer must create an account on the Site. The "Registration / Login" section is easily accessible from the main page.
The information required to create an account includes: a valid e-mail address, a password, surname, first name, company name, telephone number, billing address and VAT number.
At each subsequent visit, if the Customer wishes to place an order or access his/her "Registration / Login" area, he/she must first identify himself/herself using the strictly personal and confidential information he/she has chosen.
The Customer is responsible for the confidentiality of his/her login and password. In the event of loss, forgetfulness or improper use of his identifiers by a third party, the Customer must immediately inform DG Système by contacting Customer Service.
DG Système informs the Customer that the creation of a personal account on one of its Internet sites is valid for all DG Système sites. The Customer's login and password therefore remain unchanged for all connections to these sites. If the Customer requests the deletion of his personal data linked to his customer account, this deletion will be automatically carried out on all DG Système sites.
The personal information collected in the context of distance selling is mandatory, as this data is required for order processing, shipping and invoicing. Failure to provide this information will invalidate the order.
3.2 Purchasing
To make a purchase, the Customer must place an order directly on the Site.
The purchasing process begins with the Customer's selection of the Product(s) corresponding to his/her needs, which he/she then adds to his/her shopping cart.
To ensure efficient delivery of the Product, the Customer is required to provide all the necessary information, such as surname, first name, delivery address and, if applicable, a different billing address, as well as a telephone number.
If the Customer already has an account on the Site and wishes to validate his/her order, he/she will be automatically redirected to an identification page where he/she must identify him/herself using his/her personal information. On the other hand, if the Customer is new to the Site, he/she must follow the steps for creating an account from the "Registration/Connection" section.
Once the Customer has validated his/her shopping cart, an order summary is displayed, showing the following details: Product(s), quantity(ies), unit price, any discounts, delivery method and costs, as well as the total amount of the order.
The customer may return to, complete, modify or cancel the order as long as it has not yet been validated. Once the Customer has clicked on the "Order with payment obligation" button, the order is considered confirmed.
Confirmation of the order is conditional on the Customer having read and expressly and unreservedly accepted, via a checkbox, the present General Terms and Conditions and the Personal Data Protection Policy, and entails an obligation to pay.
Once these steps have been completed, i.e. validation of the shopping cart, choice of delivery and method of payment, DG Système sends the Customer an order confirmation e-mail within twenty-four (24) hours of the order being registered. If the Customer does not receive this e-mail within the period indicated, DG Système invites the Customer to contact Customer Service.
It should be noted that full payment for the order is received by DG Système upon confirmation of the order. This confirmation is notified to the Customer by e-mail and via the "Payment accepted" status in the "My orders" section of the Customer's "My account" space.
The sale will only be concluded once the order has been confirmed. DG Système reserves the right to cancel any order from a customer in dispute over payment of a previous order.
Orders placed by the customer on the website are final and cannot be cancelled, except with the prior agreement of DG Système. The customer thus acknowledges that he/she is bound by his/her purchase as soon as he/she makes the online payment, unless DG Système expressly accepts an order cancellation.
In the event of an incident relating to the Customer's order, such as a payment problem, a supply problem, unavailability of Products or any other anomaly, DG Système undertakes to inform the Customer via the information communicated at the time of the last update to the Customer's account.
4. Prices and Payment Terms
All prices are quoted in Euros, excluding VAT, and exclude other charges such as shipping and handling, which remain the responsibility of the Customer.
The Customer is required to provide a valid and correct VAT number and releases the Company from any liability, costs, problems or procedures resulting from the indication of an incorrect or inappropriate VAT number.
Prices are established on the basis of economic conditions, taxes or duties applicable at the time of the order, as well as the rates of the Company's suppliers and subcontractors.
DG Système reserves the right to modify its prices at any time, but Products will be invoiced on the basis of the rates in force at the time the order is registered, subject to availability.
The Company may withhold shipment of goods until the order has been paid in full.
DG Système offers the customer three secure payment methods:
- By credit card: immediate or deferred payment (CB, VISA, MASTERCARD, MAESTRO) ;
- By PayPal ;
- By bank transfer.
Bank charges related to an order are not included in the price and are payable by the Customer.
For shipments outside mainland France, the taxes, duties and shipping charges mentioned in the description may be subject to other taxes and import duties upon arrival of the package at destination. The customer is responsible for payment of all taxes and import duties. Before placing an order, it is advisable to contact the local customs authorities to obtain information and estimate the actual costs at destination. DG Système declines all legal responsibility should the Customer fail to pay such taxes.
5. Delivery
Certain Products or modes of transport may benefit from reduced or free delivery charges.
5.1 Delivery terms :
In the event of a delay in shipment of more than 48 hours for the Products ordered, the Customer will have the option of cancelling the order or accepting a new delivery date, without being entitled to claim a price reduction or damages.
For reasons of availability, an order may be delivered to the Customer in several instalments, at no extra cost. If the Customer wishes delivery to two different addresses, he/she must place two separate orders, with the corresponding delivery charges.
Delivery time after dispatch depends on the mode of transport chosen. Delivery within France will be made by La Poste, DPD or Chronopost. For deliveries outside France, the carriers may be La Poste, Chronopost, UPS, DHL, FEDEX, TNT or GLS. DG Système chooses the carrier offering the best price/time ratio. For a specific carrier, please contact us.
Deliveries are subject to availability. Unless otherwise indicated in writing, delivery dates provided by the Company are indicative. Any delay in delivery may not be invoked as grounds for cancellation of the purchase, rejection of the goods or claim for compensation. Any delay in a staggered delivery does not affect other deliveries.
In the event of non-receipt of goods by the Customer after formal notification, the Company reserves the right, without prejudice to any claim for damages, to perform the contract or to consider it automatically terminated, with forfeiture of any transport costs (delivery and return shipment).
5.2 Delivery anomalies :
DG Système monitors the delivery times of parcels entrusted to carriers. However, if the Customer observes a delivery anomaly (delay, change of collection point, loss of tracking, etc.), the Customer is invited to contact the Company in order to find a solution as soon as possible.
5.3 Customer absence :
The Customer must provide all the information required for successful delivery: surname, first name, delivery or collection address, and billing address if different, as well as a telephone number.
If the Customer is absent at the time of delivery, a delivery notice will be left by the carrier. The Customer may arrange to collect the Products within the time indicated by the carrier. After this period, the Products will automatically be returned to DG Système.
In the event of difficulties, the Customer must inform DG Système within the allotted time.
5.4 Delays :
DG Système endeavours to meet delivery deadlines for Products in accordance with the delivery method chosen by the Customer. Delivery times shall not exceed thirty (30) days from validation of the order, except in cases of force majeure. In the event of a significant delay, the Customer is invited to contact the Company to find a rapid solution.
5.5 Package inspection - Damage :
Depending on the carrier selected, the parcel is delivered to a collection point against signature, at home by hand (with or without signature) or directly to the Customer's letterbox.
Whatever the method of delivery, the Customer must check the condition of the packaging and the contents of the parcel on delivery. In the event of a problem, the Customer must make written reservations to the carrier and keep a copy. Any refusal of a parcel must be made within 3 working days of receipt of the Products.
If the Customer fails to report any problem within the given time limit, he/she is deemed to have accepted the Products without incident, damage or anomaly. Consequently, no claim for defects such as damage, missing products, damaged packages or broken parts upon receipt will be accepted by DG Système.
However, the customer retains the benefit of the legal guarantees of conformity and hidden defects.
5.6 Export/import controls :
The Customer undertakes to comply with all export/import control laws. The Customer undertakes not to export/import any goods from/to any country in violation of any export/import control law without first obtaining all necessary licenses or authorizations.
6. Right of Withdrawal and Return of Products
As previously indicated, by choosing to purchase a Product from DG Système, the Customer confirms that he/she is acting as a professional, placing the order in the context of his/her commercial activity.
In accordance with article L121-16-1 of the French Consumer Code, the right of withdrawal applies only to eligible professionals who fall within the specified legal framework. Customers may exercise their right of withdrawal within 14 days of receipt of the Products, subject to the terms and conditions stipulated by law.
To exercise his right of withdrawal, the Customer must notify DG Système of his decision to withdraw in writing before the expiry of the aforementioned withdrawal period. Any return of a Product within the framework of the right of withdrawal must be carried out in accordance with the instructions provided by DG Système and the specific conditions set out in these GTC.
For Customers who do not fall within the legal framework of the French Consumer Code, DG Système will assess return authorization on a case-by-case basis. The Customer is invited to consult the applicable legal provisions and to contact DG Système for any questions concerning their eligibility for the right of withdrawal and the procedures for exercising this right.
6.1 Return procedure :
The Product(s) must be returned in its (their) original and complete condition (including packaging, accessories, instructions for use, etc.), packaged in the same manner as when shipped, within 14 (fourteen) days from the date of withdrawal or authorization of return. It is the customer's responsibility to provide proof of timely return of the product(s).
Upon receipt of the product(s), we will examine them to verify that they are in the same condition as that in which the Customer received them. No refund will be made if the product(s) has (have) been used or damaged.
6.2 Customer reimbursement in the event of exercise of the right of withdrawal :
Subject to the Customer's compliance with the above terms and conditions, DG Système undertakes to reimburse the Customer for the price of the Product(s) purchased, as well as shipping costs, no later than fourteen (14) days following receipt of the Customer's request for retraction. However, DG Système is not obliged to reimburse additional costs if the Customer has expressly chosen a delivery method other than the less expensive standard delivery method offered by DG Système on the Site. The Customer is responsible for return shipping costs.
DG Système reserves the right to defer reimbursement until the returned Products have been recovered.
Reimbursement will be made by the same means of payment used by the Customer for the initial order, unless technically impossible or agreed otherwise between the Customer and DG Système.
6.3 Customer reimbursement outside the exercise of the right of withdrawal :
In cases other than the exercise of the right of withdrawal, DG Système reserves the right to determine the terms of reimbursement, which may include a Product exchange, reimbursement in the form of a credit voucher, or reimbursement on the means of payment used at the time of the initial order. In these cases, the initial shipping costs will not be refunded. The choice between these options will be made by DG Système according to the specific circumstances of each case.
7. Warranty and liability
7.1 Warranty:
DG Système disclaims all warranty and liability for the following:
- Consumables and wearing parts;
- Transport damage not reported within 24 hours of receipt of parts;
- Damage or cosmetic defects resulting from the use of parts;
- Defects or unsuitability of another part of the equipment in connection with the one sold;
- Use of the part for a purpose other than that intended by the manufacturer;
- Modification or adaptation of the part or of any other piece of equipment not authorized or intended by the manufacturer;
- Abnormal use or non-compliance with equipment maintenance recommendations, or accidental damage.
Any peripheral parts included with the main equipment are supplied free of charge and are not covered by the contractual warranty.
Products sold by DG Système must be used in accordance with their specifications by competent persons under their sole responsibility. DG Système declines all responsibility for the consequences of incorrect or inappropriate use of the products sold.
Products suspected of being defective must be returned to the Company with its prior consent. They will then be examined to demonstrate their non-conformity with manufacturing or material standards, ensuring that this non-conformity is in no way due to accident, mishandling, negligence, modification, inappropriate use, repair or inadequate testing on the part of the Customer.
With regard to hidden defects :
The seller guarantees the absence of hidden defects in its goods. A hidden defect is characterized by significant faults which the Customer could not have detected at the time of delivery, resulting from faulty material or poor workmanship. Only defects which considerably reduce the usefulness of the goods for normal use will be covered by this warranty.
This warranty is restricted to hidden defects which have been notified to the Company in detail, by e-mail or by any other evidential means (in writing), within fourteen (14) days of their discovery, and at the latest within one (1) month from the date of delivery.
In all cases, the Company's liability under this warranty shall be limited to the replacement of defective goods. No return of goods shall be made without the prior written consent of Entreprise.
7.2 Liability :
DG Système strives to provide a quality service to the Customer. However, the Customer acknowledges that DG Système is bound only by an obligation of means.
Customer responsibility :
- Selection and use of Products: The Customer is solely responsible for the choice, selection, conservation and use of Products. It is the Customer's responsibility to check the compatibility of the Products with his/her equipment before placing an order.
- Compliance with technical specifications: Given the technical nature of certain Products, the Customer must strictly comply with the manufacturer's technical specifications and safety recommendations, particularly with regard to storage, assembly and use of the Products.
- Reference to instructions for use: The Customer must refer to the instructions for use and/or assembly if these are supplied with the Product ordered.
Limits of DG Système's liability :
- Internet access conditions: DG Système cannot be held liable for any malfunction of the Site due to Internet access conditions and any limitations or restrictions thereof.
- Contractual value of photographs and illustrations: The photographs and illustrations accompanying the Products on the Site have no contractual value.
DG Système's liability exclusions:
- Installation or use of the Products by the Customer: DG Système shall not be held liable for any damage resulting from the installation or use of the Products by the Customer.
- Customer errors or omissions: DG Système shall not be held liable in the event of erroneous, incomplete or incorrect information provided by the Customer.
- Contents of linked sites: DG Système shall not be liable for the contents of sites linked directly or indirectly to the Site and which are not under its control.
Limitation of liability :
- Amount of damages: DG Système's liability in the event of non-performance or faulty performance of its contractual or extra-contractual obligations will be limited to the amount of damages and losses actually incurred and proven by the Customer, without the overall amount, all causes combined, exceeding the amount of the invoice for the purchase concerned. This limit also applies to any consequences which may befall DG Système in the event of nullity or cancellation of the sale.
- Indirect damages: DG Système shall in no case be liable for indirect damage suffered by the Customer or a third party.
Force majeure: DG Système cannot be held responsible in the event of delay or non-performance of its obligations due to force majeure, such as natural disasters, government acts or civil unrest. DG Système reserves the right, in the event of force majeure, to suspend or cancel all or part of the sale. Force majeure is defined as any event capable of interrupting, reducing, delaying or rendering economically less viable the sale of Products, or hindering its normal execution. In such circumstances, the customer may not claim any compensation from DG Système.
8. Protection of Personal Data
DG Système assumes responsibility for the collection and processing of your personal data. We implement measures to ensure the confidentiality, security and integrity of your data, and we undertake to ensure that our service providers respect the same level of security as we do.
We expressly invite our customers to read our Privacy Policy.
Respect for individual freedom is a fundamental value for DG Système. We undertake never to pass on (sell, exchange, rent, give or lend) information concerning our customers to third parties, except with their express consent.
We process personal data in accordance with the General Data Protection Regulation (RGPD). You have the right to access, rectify and delete your personal data. If you do not accept our service offer, the personal data stored will be destroyed after one year. Under no circumstances will your data be passed on to an entity outside DG Système, except in the event of a court order. You may exercise this right by contacting us at service@pieces-traceurs-occasions.com.
9. Compliance with environmental standards
DG Système is firmly committed to complying with current laws and regulations concerning recycling and environmental protection. As a responsible player in the field of large-format printer reconditioning and used parts supply, we are fully aware of our responsibility towards the preservation of our planet.
We actively strive to reduce our environmental footprint by promoting the recycling and reuse of equipment and spare parts. By extending the life of products, we help to limit waste production and preserve natural resources.
In addition, we are committed to working closely with our partners and suppliers to promote environmentally-friendly practices throughout our supply chain. This includes selecting sustainable materials, reducing waste and adopting eco-responsible technologies in our production and distribution processes.
At DG Système, we consider environmental protection an absolute priority. We will continue to invest in innovative initiatives and solutions to minimize our impact on the planet and help build a more sustainable future for generations to come.
10. Product availability
The Products offered are those shown on the Site, within the limits of the stocks available from DG Système and its suppliers.
The Customer acknowledges that the availability of Products, provided by DG Système at the time the order is placed and upon receipt of the order validation email, is indicated for information purposes only. Despite regular stock updates, a difference in availability may occur between the stock indicated on the Site at the time the order is validated by the Customer and the stock actually available at the time the order is registered by DG Système. DG Système undertakes to confirm and/or inform the Customer of the availability of the Product(s) ordered within a maximum of 48 hours (excluding weekends).
In the event of stock shortage, DG Système will seek to find an equivalent Product with the same technical characteristics, quality and price, and may propose a replacement Product to the Customer.
If there is a price difference between the Product ordered and the Product delivered, it will be handled as follows:
- in the event that the value of the replacement Product is greater than the amount of the Product initially ordered by the Customer, the difference between the amount of the Product ordered and the amount of the Product delivered will not be invoiced to the Customer. DG Système will bear the cost of the difference and invoice the Customer for the price of the Product ordered.
- in the event that the value of the replacement Product is less than the amount of the Product initially ordered by the Customer, the difference between the amount of the Product ordered and the amount of the Product delivered will be adjusted in favour of the Customer.
The Customer may refuse the replacement Product by following the return procedure set out in article 6. of these GCS.
If no Product meeting the above criteria is found by DG Système, the Customer will be informed directly in his Customer "My Account" space under the heading "My Orders" by a "Cancelled" message, as well as by e-mail, as soon as possible. DG Système will then proceed with the partial or total cancellation of the order.
DG Système reserves the right to modify its catalog of Products available on the Site at any time.
11. Modification of GTC
At DG Système, we consider transparency and open communication to be essential elements of our relationship with our customers. We continually strive to improve our practices to ensure that our customers are adequately and fairly informed of all material changes affecting their rights and obligations. DG Système reserves the right to modify its GCS at any time, in particular in order to develop its services or to comply with any new applicable regulations. The applicable GCS will be those in force on the date of the Customer's order.
Notification of changes: Any changes to our GTC will be communicated to customers in a clear and transparent manner. Customers will be informed of changes via various channels, such as our website, e-mail notifications or any other appropriate means of communication.
Accessibility of GTC: The GTC will always be available and easily accessible on our website. Customers will be able to consult the T&Cs at any time and take note of the latest updates.
Support and clarification: Our team will be available to answer questions and provide clarification on changes to the GTC. We are committed to providing full support to Customers to ensure that they fully understand the terms and conditions.
12. Disputes and Applicable Law
These GTC are governed by French law. The GCS supersede all previous versions, which therefore no longer apply. The GCS constitute the entire agreement between DG Système and the Customer. Should any provision of the GCS prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
For any complaint, the customer is invited to contact our Customer Service Department:
- either via the "Contact" page
- by e-mail at the following address: service@pieces-traceurs-occasions.com
- or by telephone on +33 9 80 51 35 22 (Monday to Friday, 9.00 am to 5.00 pm, except public holidays), quoting the order number.
Failing amicable settlement, any dispute will be referred to the French courts.
No tolerance or delay on the part of DG Système in enforcing its rights may prejudice or restrict the rights of DG Système, and no waiver of these rights and no waiver of a breach of contract shall be deemed to constitute a waiver of other rights or of a subsequent breach of contract.
In the event of difficulties encountered in the application of the present contract, the purchaser has the possibility, before initiating any legal proceedings, of seeking an amicable solution. This can be done with the support of an industry association, a consumer association or any other advisor of the buyer's choice.
It should be remembered that seeking an amicable solution does not affect either the legal warranty period or the duration of the contractual warranty.
In the absence of amicable resolution, the Commercial Court of Draguignan shall have sole jurisdiction to settle any dispute, regardless of the location of delivery or the method of payment used.
13. Intellectual property rights
The Customer acknowledges that all content present on the Site, including in particular the domain name, trademarks, texts, graphics, photographs, drawings, sounds, data, images, audios and videos, as well as the DG Système tree structure, its navigation plan, its logos, the design and organization of its sections, their titles, databases, their structures and their content, whether they already exist or are added in the future, are protected and remain the exclusive property of DG Système.
Consequently, unless expressly authorized in advance by DG Système, any reproduction, representation or use of these elements by the Customer is strictly forbidden. Any failure by the Customer to comply with these obligations would constitute an infringement of DG Système's intellectual property rights.
In the event that the Customer has a personal website and wishes to place a simple link directly to the Site for personal purposes, he/she must obtain prior written authorization from DG Système. Such authorization shall not be construed as an implicit affiliation agreement. In addition, any link must be removed at the request of DG Système.
Date of GTC update : March 18th, 2024