These general conditions of sale apply between Draeger, a limited company (SAS) with capital of 500,000 euros, whose registered office is in 32, avenue Jean Jaurès, 94110 Arceuil, France, registered in the Business and Companies' Register, Créteil, under number B 789 805 280, and any individual or legal entity wishing to purchase goods via the Draeger website shop.nouvellesimages.com or shop.nouvellesimages.fr.
These conditions of sale aim to define the contractual relations between Draeger and the buyer and the conditions that apply to any purchase made via the Draeger trading site shop.nouvellesimages.com or shop.nouvellesimages.fr, whether the buyer is a professional or a consumer.
The purchase of goods or services via this site implies that the buyer has unreservedly accepted these conditions of sale.
These conditions of sale will prevail over all other general or special conditions not expressly approved by Nouvelles Images.
Nouvelles Images reserves the right to change its conditions of sale at any time. In this case, the conditions that will apply will be those in force on the date on which the buyer placed the order.
Characteristics of the proposed goods and services
The products and services on offer are those shown in the catalogue published on the Draeger site shop.nouvellesimages.com or shop.nouvellesimages.fr.
These products and services are offered within the limits of available stocks.
Each product comes with a description drawn up by Draeger.
The catalogue photographs on the screen are as faithful as possible but cannot provide a perfect resemblance with the product on offer, particularly with regard to the colours, mainly due to the fact that the colours that are seen depend on how the Internet user’s screen is calibrated.
The prices shown in the catalogue are in Euros and inclusive of VAT at the rate applicable on the day of the order; any change to the rate will be passed on into the price of the products or services.
Prices for EEC countries will be inclusive of VAT, while prices for non-EEC countries will be ex-VAT.
Trade customers within the EEC who wish to recover the VAT should contact our customer department by email: firstname.lastname@example.org or by telephone on +33 2 38 96 26 62. Draeger reserves the right to change its prices at any time, it being understood that the price shown in the catalogue on the day of the order will be the price applied to the buyer.
The prices shown include the cost of processing the order. The buyer must, however, cover the cost of transport and delivery.
The online sale of the products and services presented on the site is only for buyers who live in the following geographical areas: Metropolitan France including Corsica
- United Kingdom
- Czech Republic
- Slovakia Slovakia
A buyer who wishes to buy a product or service must:
– fill in the identification form, providing all the contact details requested, or sign in if he/she has set up a customer account;
– fill in the online order form (basket) giving all the reference numbers for the chosen products or services;
– check the order and confirm it;
– make the payment under the agreed conditions;
– confirm the order and its payment.
By confirming the order, the buyer is acknowledging that he/she accepts these conditions of sale, that he/she has read them carefully and that he/she renounces any right to make use of his/her own conditions of purchase or any other conditions.
The details provided and the recorded confirmation will act as proof of the transaction. The confirmation acts as a signature and an acceptance of the transactions carried out. Draeger will send an email confirmation of the recorded order.
In accordance with the law, the Customer has a right of withdrawal for a period of 14 (fourteen) days from receipt of his order, which he may exercise without having to justify his decision or bear any costs other than those necessary for returning his order, provided that the products are returned in their original packaging and in perfect condition within 14 days of delivery. Articles will not be taken back if they are damaged, soiled or incomplete.
The Buyer must cover the full cost of returning the articles.
Returned products must be accompanied by a return form - available on the website - and the invoice.
The articles returned by the Buyer will be exchanged (subject to availability) or refunded within 15 days of their receipt by Draeger.
The price is payable with the order.
Payments are made via the PayPal secure system, which uses the SSL (Secure Socket Layer) protocol in such a way that the information sent is encrypted by the software and no third party can gain access to it while it is passing through the network.
A paper invoice showing the amount of VAT paid will be attached to all orders dispatched.
The invoice will also be available on the “Your account” page.
Orders will be prepared and dispatched by Colissimo or post (La Poste) within 4 working days.
They will be delivered to the address shown on the order form, which must be in the agreed geographical area.
Draeger makes every effort to keep to these delivery times. However, Draeger may not be held liable for the consequences of the late delivery or loss of the order for any reason whatsoever. Draeger has no control over the time taken by La Poste or any other carrier to deliver the goods.
The buyer is liable for all risks from the moment that the products have left Draeger's premises. If the goods are damaged during transport, the buyer must lodge a complaint, giving full details, to the carrier within three days of delivery.
Delivery times are given for guidance only; if they exceed thirty days from the date of the order, the sales contract may be terminated and the buyer refunded.
The buyer may track the progress of his order via his/her account on shop.nouvellesimages.com or shop.nouvellesimages.fr.
In accordance with legal provisions, the products supplied are covered by:
- the legal guarantee of conformity,
- the legal guarantee against hidden defects caused by a material, design or manufacturing fault affecting the delivered products, making them unsuitable for use.
All guarantees are cancelled in the event of inappropriate use, negligence or lack of maintenance on the part of the buyer, normal wear and tear on the product, accident or force majeure, and Draeger's guarantee is limited to the replacement or reimbursement of products that are non-compliant or have a defect.
To exercise his/her rights, the Buyer must inform Draeger, in writing, of the existence of such defects within a maximum of 7 days of discovering them. No complaints will be accepted beyond that period.
Draeger will replace all products under guarantee that are deemed to be faulty. The products sold on the website comply with the regulations in force in France. Draeger may not be held liable for failure to comply with the legislation in the country to which the products are delivered. The Buyer is responsible for checking this legislation.
The photographs and illustrations accompanying the products on the website have no contractual value, and Draeger may not be held liable for them.
The Buyer takes sole responsibility for choosing, storing and using the products.
Draeger may not be considered to be liable or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure as generally recognized by French case law.
All complaints and exchange or refund requests should be sent by post to the following address: Draeger, Service Shop.Web, Lombreuil BP 51005, 45701 Villemandeur Cedex within a maximum of thirty days after delivery.
In the online sales process, Draeger is bound only by an obligation of due care; it may not be held liable for any damage arising out of the use of the Internet, such as loss of data, intrusion, virus, service breakdown or any other unintentional problems.
All the components of the Draeger site shop.nouvellesimages.com and shop.nouvellesimages.fr are and remain the exclusive intellectual property of Draeger.
No one is authorized to reproduce, exploit, rebroadcast or use any of the software, visual or sound components of the site in any way whatsoever, even partially.
In accordance with the French equivalent of the Data Protection Act of 6 January 1978, personal information relating to buyers may undergo automatic processing.
In accordance with the Act of 6 January 1978, buyers have the right to access and correct any data concerning them. Indeed, it is perfectly possible to consult or modify your personal details in your account.
Draeger will archive order forms and invoices on a reliable, durable medium constituting a reliable, faithful copy in accordance with the provisions of article 1348 of the Civil Code.
Draeger computerized records will be considered by the parties as proof of the communications, orders, payments and transactions between them.
These conditions of online sale are subject to French law.
In the event of a dispute, the matter will be referred to the competent courts in Créteil, multiple respondents or third-party appeals notwithstanding. Our customer department is available to answer your questions and provide the best possible solution to any dispute that might occur. To contact us:
- by email: email@example.com
- by post: Nouvelles Images, Service Shop.Web, Lombreuil BP 51005, 45701 Villemandeur Cedex