Terms & Conditions

Editor

Company Name: SDEC France, SAS
Legal Status: SAS
Address: Rue des Pigeonneaux, Z.I de la Gare 37310 Reignac-sur-Indre
Tel: +33 2 47 94 10 00
SIRET 38142758200048
Email: info@sdec-france.com

Publication Director

Company Name: SDEC France, SAS
Responsible: Stéphane Gounari
Address: Z.I de la Gare, 37310 REIGNAC
Tel: +33 2 47 94 10 00
SIRET 38142758200048
Email: info@sdec-france.com

Design

Arctic Fox Strategy
Calle Jose Maria Pereda 13, 30880 Aguilas, Spain
info@arcticfoxstrategy.com
+34 (0) 616 62 48 20
https://arcticfoxstrategy.com 

Host

SiteGround Hosting Ltd.
11-12 St. James’s Square, SW1Y 4LB London, UK
info@siteground.com
+44 (0) 800 8620379
https://www.siteground.com/

Below you will find all the information regarding the processing of your data and the terms of use that define the relationship between you and the Site, to which you automatically, conditionally, and implicitly agree by simply consulting the Site.

The user acknowledges that the use and consultation of the Site are governed by French law.

1. Collection of our visitors’ personal information: process, purpose, treatment

The collection of personal information about the visitor is a voluntary process (see §cookies). It occurs through the contact form and the quote request form in the “Request a quote” section or through the pdf registration forms available for download in the “downloads” section to be sent by mail or fax to SDEC France. The collected personal information is intended to answer your questions about our equipment and materials. All the information required on these forms is necessary for their proper processing by our services.

None of this information is in any way ceded to third parties.

2. Exercise of the right of access and rectification

In accordance with Article 34 of the “Informatique et Libertés” law no. 78-17 of 6 January 1978, you have the right to access, modify, and delete information concerning you. To exercise this right, contact SDEC France, ZI de la Gare, 37310 REIGNAC sur Indre or through our contact form.

4. Intellectual property

The title, design, form of the Site, as well as all texts, photos, videos, data, logos, brands, and other elements reproduced on the Site are reserved and protected by intellectual property law, including copyright, related rights, and trademark rights. As such and in accordance with the law of 141 March 1957 (art.41) and the Intellectual Property Code of 1 July 1992, only use for private purposes within a family circle is authorized. Any other use constitutes infringement and/or infringement of related rights, punishable by said Code. Consequently, you may not in any way and by any means reproduce, represent, distribute, market, modify, or grant all or part of any of the elements reproduced on the Site without the prior written agreement of SDEC France.

5. Editorial rules and hypertext links with other sites

SDEC France, as an online publisher, commits to protecting minors, not infringing on rights, freedom, and the dignity of the person, and to informing the reader of the editorial nature of the contents offered. The Site has set up hypertext links for informational purposes that give access to other websites edited and managed by third parties other than SDEC France. The latter cannot be held directly or indirectly responsible if these third-party sites do not comply with the legal and regulatory provisions in force or to come, both French and European, and the consequences of this non-compliance. Any link to the Site must be subject to written authorization from SDEC France ZI de la Gare 37310 Reignac sur Indre Europe. This site may have been linked to other sites through hypertext links without its knowledge. SDEC France declines all responsibility for the information presented on these other sites.

6. Disclaimer

SDEC France strives to keep the information on this site up to date. However, we do not guarantee their completeness or accuracy, whatever the information concerned. It is noteworthy that the contents of the “paper” documents made available on the Site remain under the responsibility of their editors. Consequently, SDEC France cannot be held responsible for any direct or indirect damage that may result from your access or use of this site, or from damage or viruses that could affect your computer or other computer equipment.

7. Photo credits

Realization and graphic design: SDEC France

8. Cookies

Definition of cookies

A cookie is a small file downloaded to your computer, tablet, or any other mobile terminal when you access our website. Cookies allow us to store and retrieve information about your browsing habits and equipment.

What types of cookies are used on this site?

The cookies we store on your terminal allow us to:
– compile visitation statistics (number of visits, page views, routes, connection location, visit frequency and duration, browser and operating system used…),
– adapt the presentation of our site to the display preferences of your terminal,
– adapt the language of this site to the preferences of your terminal,
– remember information entered in various forms (identification, content of your basket, …),
– manage and securely access your personal spaces (customer account, order histories, …).

These cookies do not allow us to identify you but record information relating to your navigation.

The retention period for this information is a maximum of 13 months.

Google Analytics statistical cookies

To analyze visits to our website, we may use Google Analytics, a web analytics service provided by Google Inc.

Google Analytics uses cookies to help us analyze the use of our site. The data generated by the cookies about your use of the site (including your IP address) will be transmitted and stored by Google on servers in the United States. Google will use this information to evaluate your use of the site, to compile reports on site activity for its publisher and to provide other services relating to site activity and Internet use.

Google may communicate this data to third parties in the event of a legal obligation or when these third parties process this data on behalf of Google, including the publisher of this site.

You can disable the use of cookies by selecting the appropriate settings on your browser. However, such deactivation could prevent the use of certain features of this site. By using this website, you expressly consent to the processing of your personal data by Google in the conditions and for the purposes described above.

Other third-party cookies issued via our site

While browsing our site, one or more cookies from third-party companies may be placed on your terminal via pages of our site: Youtube, DailyMotion, Twitter, Facebook, AddToAny, AddThis, Google Maps, Sound Cloud…

All these cookies are deposited by services that we use to provide you with content (text, video, or audio), or to allow you to share pages of our site on social networks.

Setting your browser’s cookie management

If you wish, you can allow, block, or delete cookies installed on your computer. To do this, you must configure your browser options or adapt the privacy options of your station. Note that if you block the installation of cookies on your station, you may no longer have access to certain sections of our site.

Below is the path to adjust your browser’s privacy settings:

  • For Mozilla Firefox: Choose the “Tools” menu then “Options”, click on the “Privacy” icon, locate the “Cookies” menu and select the options that suit you.
  • For Microsoft Internet Explorer 6.0 and beyond: Choose the “Tools” menu, then “Internet Options”, click on the “Privacy” tab, select the desired level using the cursor.
  • For Opera 6.0 and beyond: Choose the “File” menu, then “Preferences”, then “Privacy” and select the options that suit you.
  • For Safari: In the Safari menu choose “Preferences” then “Security” and select the options that suit you.
  • For Google Chrome: Click on the Chrome menu icon located in the upper right corner of the browser window, select “Settings”. At the bottom of the page, click on “Show advanced settings”. In the “Privacy” section, uncheck all the privacy settings you want to disable. When you disable a privacy setting, this information is not transmitted to Google.
9. SDEC France Gender Equality Index Table
Calculable Indicator Indicator Value Points Earned Maximum Points for the Indicator Maximum Points for Calculable Indicators
1 – Pay gap (in %) 1 4.4 35 40
2 – Gaps in individual increases (in percentage points or equivalent number of employees) 1 1.9 35 35
3 – Number of underrepresented gender employees among the top 10 highest remunerations 0 UNCALCULABLE 15
4 – Number of underrepresented gender employees among the top 10 highest remunerations 1 3 5 10
Total of Calculable Indicators 75
INDEX (out of 100 points) 88

GENERAL TERMS AND CONDITIONS OF SALE

10. Scope of the general terms and conditions of sale

These General Terms and Conditions of Sale (“T&Cs”) constitute, in accordance with Article L 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which SDEC France or SDEC Maintenance (the “Seller”, the full contact details of which appear at the bottom of the page) provide a wide range of Products or services (the “Products” or “Services”) in the field of measurement instrumentation and services intended for the study and monitoring of the environment to professional Buyers (the “Buyer(s)”) who request such by means of the Seller’s website, by direct contact or via paper medium. They apply without restriction or reservation to all sales concluded by the Seller with Buyers of the same category, regardless of any clauses that may appear on the Buyer’s documents, and in particular its general terms and conditions of purchase. In accordance with the regulations in force, these T&Cs are systematically communicated to any Buyer who so requests, to enable it to place an order with the Seller. The are also provided to any distributor (excluding wholesalers) prior to the conclusion of a single agreement referred to in Articles L 441-3 et seq. of the French Commercial Code, within the legal deadlines. Any order for Products implies that the Buyer accepts these T&Cs and the general terms and conditions of use of the Seller’s website for electronic orders.
The information contained in the Seller’s catalogues, prospectuses and prices is provided for information purposes only and may be revised at any time. The Seller is entitled to make any changes it deems useful. In accordance with the regulations in force, the Seller reserves the right to derogate from certain clauses of these T&Cs, according to the negotiations carried out with the Buyer, by establishing Special Terms and Conditions of Sale (“ST&Cs”) stipulated in the quotation or purchase order. The Seller may also be required to draw up General Terms and Conditions of Sale for specific categories, derogating from these General Terms and Conditions of Sale, determined on the basis of objective criteria. In such an event, the Category General Terms and Conditions of Sale apply to all operators meeting these criteria.

11. Orders – delivery – transport

Orders are only taken into consideration if they are expressed in writing by email (acceptance of a quote, scan/PDF of a purchase order, etc.).
Purchase orders and quotations must refer very rigorously to the references mentioned in our prices and catalogue for the current calendar year. The quotation or purchase order and the prices mentioned therein are only valid for the time indicated on said quotation or purchase order. These prices are net and exclusive of tax, ex-works and with packaging in addition. They do not include transport, any customs fees and insurance, which remain the responsibility of the Buyer.
When a quote is drawn up by us, it constitutes the ST&Cs that amend or supplement these T&Cs.
In the event that an order is received from the Buyer, it shall only be considered as definitively accepted by us after written acceptance of the order or quotation from us; it is this acceptance that shall make the ST&Cs applicable in said case and shall lead to the conclusion of the sale. The sale shall be considered concluded on the date of the written acceptance of the order or quotation by the Seller.
Additional orders may not at any time be taken into consideration as such and are automatically the subject of a new order or acceptance of the modified order by both parties.
Any signature by the Buyer of the purchase order and/or quotation and any email from the Buyer notifying the acceptance of a quotation shall result in the sale of the Product and/or Service. However, the Seller may accept on a discretionary basis, by way of derogation and as a commercial gesture, the cancellation of an order or quotation signed by the Buyer (whether or not the equipment is delivered) provided that such request is specified in writing and received at Reignac-sur Indre (France) no later than four days after the sending of the acknowledgement of receipt thereof. In such an event and for any reason whatsoever other than force majeure, the deposit paid on the order, as defined in these T&Cs, shall be automatically acquired by the Seller and may not give rise to any refund. If no deposit paid has been paid, a sum corresponding to 20% of the total price excluding tax of the Products and Services shall be retained by the Seller and invoiced to the Customer, as damages, as compensation for the loss thus suffered. Furthermore, if the Product has been delivered, the return costs shall be borne by the Buyer in addition to the aforementioned compensation.
Marked Products may not be taken back or exchanged.
Only claims notified in writing (registered letter with acknowledgement of receipt) within eight days of receipt of the invoice shall be taken into consideration.

The cost of transport is given as an indication on the quotation or the purchase order. Similarly, in the event of specific requests from the Buyer regarding the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to a specific additional invoice.
Any delay in delivery cannot under any circumstances justify the cancellation of the order or the claim for damages. Under no circumstances may the Seller be held liable in the event of a delay or suspension of the delivery attributable to the Buyer or in the event of force majeure.
Shipments of Products are made at the risk and peril of the Buyers (regardless of the mode of transport or the terms of payment of the price of carriage paid or carriage due), and SDEC France acts only as agent with the carrier for the Buyer. The transfer of risks therefore takes place on departure from the Seller’s plant located in Reignac-sur-Indre (France). The Buyer acknowledges that it is the responsibility of the carrier to make the delivery, as the Seller is deemed to have fulfilled its delivery obligation once it has handed over the ordered products to the carrier, which has accepted them without reservation. The Buyer therefore has no warranty claim against the Seller in the event of a failure to deliver the Products ordered or if damage occurs during transportation or unloading.
Claims in the event of loss or damage shall be made by the Buyer to the carrier in writing immediately upon receipt of the goods, including for shipments made by post. Our order acknowledgements give an indicative and non-contractual delivery date from Reignac-sur-Indre (France). For orders for Products or Services not accompanied by the technical information for performance, the deadline shall depend on the date of receipt of this information. Express shipments must be formally requested by the Buyer. The Buyer shall bear the costs and risks of transporting the Products sold after their delivery. In any event, delivery within the deadline may only take place if the Buyer is up to date with all its obligations towards the Seller.

12. Acceptance of products

The Buyer must check the conformity of the Products delivered with the Products ordered and the absence of apparent defects as soon as they are received. If no claim or reservation is made in this respect by the Buyer to the Seller on the day on which the Products are received, it shall lose any action based on the Seller’s obligation of compliant delivery or on apparent defects and said products may no longer be taken back or exchanged, pursuant to the provisions of Article 1642 of the French Civil Code. In any event and in the event of an apparent defect or non-conformity of the Products delivered with the Products ordered that is noted by the Buyer on the day of receipt, the Seller undertakes to replace the delivered Products with new Products identical to the order. The Seller also hereby reminds the Buyer of the provisions of Article L 133-3 of the French Commercial Code that provide, in addition, that the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following receipt, the recipient has not notified the carrier of its substantiated protest by extra-judicial deed or by registered letter. If, within the aforementioned period, a request for an expert assessment is made pursuant to Article L. 133-4, this request constitutes a protest without it being necessary to proceed as stated in the first paragraph.
Any provisions to the contrary are null and void. This last provision is not applicable to international transportation.

13. Storage Service

The Seller may offer the Buyer a Product Storage Service three (3) months after the Product is made available to the Buyer, under the legal and financial conditions stipulated hereinafter. The Buyer shall be informed that the Product is available by the sending of an email by the Seller to the Buyer, for which the Buyer undertakes to acknowledge receipt by return of email.
If the Seller has invoiced the Buyer for the Product and, due to lack of space in its own premises, the Buyer wishes the Seller to be able to store it safely under good conditions on its behalf in its own premises, then the Buyer shall pay a fee for temporary occupancy of the Seller’s premises and custody fees of two percent (2%) of the sale price of the Product excluding tax per month from the fourth month following notice to the Buyer of the availability of the Product with a minimum fee of fifty euros (€50) excluding tax per month and per item. In such an event, the Seller shall be considered the custodian of the Product sold, shall retain the risks inherent in the custody of the Product sold and shall cover the insurance relating to this Service.

If the Buyer has not been invoiced for the Product by the Seller within three (3) months after the notice of the availability of the Product to the Buyer (for example in the event of a response to a call for tenders), then the Buyer shall pay an advance payment of forty percent (40%) of the sale price of the Product excluding tax and a temporary occupancy fee of the Seller’s premises and custody fees of two percent (2%) of the sale price of the Product excluding tax per month from the fourth month after the notice of the availability of the Product to the Buyer with a minimum fee of fifty euros (€50) excluding tax per month and per item. In such an event, the Seller shall be considered the custodian of the Product sold, shall retain the risks inherent in the custody of the Product sold and shall cover the insurance relating to this Service.

14. Price, payment terms, penalties, guarantee

Our prices are established EXCLUSIVE OF TAX, departure from Reignac-sur-Indre (France), the amounts and whether they are firm or revisable are specified in the ST&Cs shown on our quotes, purchase orders or invoices. Unless otherwise specified in the ST&Cs, no discount shall be applied by the Seller for payment before the date indicated on the invoice or within a period shorter than that mentioned in these T&Cs.
Unless otherwise stipulated in writing, prices are payable within thirty calendar days to our registered office under the conditions defined in the ST&Cs.
No change in the due date of the payments may be made by the debtor itself.
A deposit may be requested by the Seller when placing the order and shall then be specified in the quotation or purchase order.
Unless Special terms and conditions of sale are accepted in writing by us, export sales shall be as follows: 100% of the total amount loaded (including packaging & transport) payable by transfer to our bank when the order is placed.
For special manufacturing, a deposit of 35% must be paid upon order, with the balance in cash upon collection of the goods, net of discounts under the other stipulations specified in the special terms and conditions.
The Seller shall not be required to deliver the products ordered by the Buyer if the latter does not pay it the price under the conditions and in accordance with the terms and conditions indicated above. Payments made by the Buyer shall only be considered final after actual receipt of the sums due, by the Seller.
Any invoice not paid within thirty calendar days shall automatically and without prior notice give rise to the application of late payment interest at the rate of 3 times the legal interest plus 2%. Any Buyer in a position of late payment is automatically liable for a fixed indemnity of €40 for recovery costs, Art L 441-10 and D 441-5 of the French Commercial Code. When the recovery costs incurred exceed the amount of this fixed compensation, the Seller may request additional compensation, upon justification. In the event of late payment, orders in progress may be suspended or cancelled at the sole initiative of the Seller, without prejudice to any other recourse. No set-off may be validly made between any penalties for delay in the delivery or non-compliance of the products ordered by the Buyer on the one hand, and the sums due by the latter to the Seller, on the other hand, in respect of the purchase of said products without the express, prior and written agreement of the Seller, and provided that the reciprocal receivables and debts are certain, liquid and payable.
The costs of transportation are always borne by Buyers, our selling prices are calculated ex-works as indicated above. Finally, in the absence of payment on any of the due dates, any other payments shall become immediately due, even if they have given rise to bills of exchange.

15. Liability – guarantee

Our equipment is covered by a contractual warranty of between six months and one year from the transfer of ownership, unless otherwise indicated in our technical and/or commercial documentation. This warranty covers any hidden defect, resulting from a material, design or manufacturing defect affecting the delivered Products and rendering them unfit for use. This guarantee only covers the equipment (component parts and labour in our workshops) and under no circumstances the costs of transporting the equipment (shipping or return to our factories), which shall be borne by the Buyer.
The warranty forms an inseparable whole with the Product sold by the Seller. The Product may not be sold or resold altered, transformed or modified. This warranty is limited to the replacement or reimbursement of non-compliant or defective Products. Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Buyer, or normal wear and tear of the Product, or force majeure. In order to assert its rights, the Buyer shall, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of any defects within a maximum period of three (3) days from their discovery. The Seller shall replace or have repaired any Products or parts under warranty found to be defective. This guarantee also covers labour costs. The replacement of defective Products or parts shall not have the effect of extending the warranty period set out above.

Finally, the warranty may not apply if the Products have been the subject of abnormal use, or have been used under conditions different from those for which they were manufactured, in particular in the event of non-compliance with the conditions stipulated in the instructions for use.
Nor does it apply in the event of deterioration or accident resulting from an impact, fall, negligence, lack of monitoring or maintenance, or in the event of transformation of the Product.

16. Retention of title clause and automatic termination clause

The Products are sold subject to retention of title.
The Seller retains ownership of the goods sold until effective payment of the entire price in principal and incidentals.
The delivery of a document creating an obligation to pay (bills of exchange or suchlike) does not constitute payment within the meaning of this clause. Cheques and bills of exchange are only considered as payments from their actual payment.
As of delivery, the Customer shall be the custodian and guardian of said Products. In the event of non-payment and unless the Seller prefers to request the full and complete performance of the sale, it reserves the right to terminate the sale after formal notice and to claim the delivered Products, with the return costs being borne by the Customer. The foregoing provisions shall not prevent, upon delivery of the Product (as defined by the T&Cs), the transfer to the Customer of the risks of loss or deterioration of the Product subject to retention of title as well as any damage that it may suffer or cause. The Customer must take out insurance covering all risks arising from the delivery of the aforementioned Product and allowing the Seller to be directly compensated. The Customer shall refrain from pledging or assigning ownership of the Product subject to retention of title as a guarantee in any form whatsoever. The Customer shall refrain from selling the Product or transforming it or granting any rights over it to a third party until ownership has been transferred to it. If the Customer fails to pay the price under the conditions set out in these T&Cs, and after formal notice has remained unheeded for eight days, the Seller may have the Product returned by the Customer, regardless of where the Product is located. The costs incurred by this recovery shall be borne by the Customer.
In the event that the Buyer waives its order or does not collect the Products sold within seven days of notice of their availability at Reignac sur Indre in the event that the products are not collected for transportation, the contract shall be automatically terminated and the deposit shall remain acquired by the Seller as compensation.
In the event of special manufacturing (customised Products), the Buyer must in any event pay the total amount of its invoice even if it cancels its order, the Seller also reserves the possibility of disposing of these goods.

17. Intellectual property

All technical documents provided to the Buyers remain the exclusive property of the Seller and/or the manufacturers of the Products, and must be returned at our request. Buyers undertake not to make any use of these documents, that may infringe the industrial or intellectual property rights of the Seller and undertake to refrain from disclosing them to any third party.

18. Force majeure – act of a third party

Any circumstances beyond the control of the Parties that occurs after the entry into force of the sale (in particular cases of force majeure according to the definition referred to in Article 1218 of the French Civil Code and the cases usually recognised by case law including any epidemic), and preventing performance under normal conditions, are considered as causes of exemption from the obligations of the parties and shall result in the suspension of the contract. If the circumstances which require one of the parties to suspend the performance of the Contract continue for more than three (3) months, each party may request the termination of the contract.

19. Personal Data

The personal data collected from the Buyers is subject to computer processing carried out by the Seller. They are recorded in its customer file and are essential for processing the order. This personal information and data is also stored for security purposes, in order to comply with legal and regulatory obligations. They shall be kept for as long as necessary for the performance of orders and any applicable guarantees.

The data is retained for the entire duration of the contractual relationship without prejudice to compliance with retention obligations or longer limitation periods and essentially the 5-year limitation period. Prospection data that does not respond to any solicitation (commercial prospecting) is retained for a period of 3 years.
The data controller is the Seller. Access to personal data shall be strictly limited to the employees of the data controller, authorised to process it due to their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Buyer’s authorisation being necessary.
In the context of the performance of their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Except as set forth above, the Seller shall not sell, lease, assign or give third parties access to the data without the prior consent of the Buyer, unless required to do so by a legitimate reason.
If the data is to be transferred outside the EU, the Buyer shall be informed and the guarantees taken to secure the data shall be specified.
Pursuant to the applicable regulations, the Buyer has a right of access, rectification, erasure and portability of the data concerning them, as well as the right to object to processing for legitimate reasons. They may exercise these rights by contacting the data controller at the following postal or email address: contact@sdec-france.com.
In the event of a complaint, the Buyer may send a complaint to the Seller’s personal data protection officer or the Commission Nationale de l’Informatique et des Libertés.

20. Dispute – Jurisdiction clause

These T&Cs and the transactions arising therefrom are governed by French law.

They are written in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

In order to jointly find a solution to any dispute that may arise in the performance of these T&Cs and any sale resulting therefrom, the parties agree to meet within 15 calendar days of receipt of a registered letter with acknowledgement of receipt notified by one of the two parties or by letter delivered by hand against receipt. If, at the end of this meeting, the parties fail to agree on a compromise or solution or if this meeting cannot take place within this period, the dispute shall then be submitted to the jurisdiction designated hereinafter.

ANY DISPUTE RELATING TO THIS SALE, EVEN IN THE EVENT OF THIRD-PARTY PROCEEDINGS OR MULTIPLE DEFENDANTS, WOULD, IN THE ABSENCE OF AN AMICABLE AGREEMENT, FALL UNDER THE EXCLUSIVE JURISDICTION OF THE TOURS COMMERCIAL COURT APPLYING FRENCH LAW.

21. Acceptance

These T&Cs as well as the prices and scales concerning any discounts and rebates attached to the purchase order or the quote, are expressly approved and accepted by the Buyer, who declares and acknowledges that they have full knowledge thereof, and therefore waive the right to avail themselves of any contradictory document and, in particular, their own general terms and conditions of purchase.

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