Terms and Conditions
These terms constitute a legal document (‘the Agreement’) which sets out the rights and obligations of you as a Purchaser of our goods (« you ») and those of Ace Automation SARL in relation to the products (« the goods ») offered by us through this site or via telephone sales.
2. Placing an Order
2.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form or over the telephone. Our acceptance of your order brings into existence a legally binding contract between us. Should goods not be in stock at the time of order, or be goods which manufactured to order, we will inform you of the leadtime for the goods prior to order acceptance.
3.1 The price payable for the goods you order shall be our quoted price which shall be binding on us providing you accept our quotation within 30 days of the date of any quotation. If you place your order via our website the prices payable for goods shall be as set out in our website. Care has been taken to ensure that prices quoted are correct at the time of publishing and all goods have been properly described. Orders can only be accepted if there are no material errors in the quoted prices or description of the goods.
3.2 We reserve the right at anytime prior to delivery to increase the price of any goods to reflect any increase in cost to us which is due to factors outside our reasonable control (including, but without limitation, foreign exchange fluctuations, costs of manufacture, labour and materials). You may however cancel a contract with us within five days of any such notice from us.
3.3 Unless otherwise agreed all prices are quoted exclusive of VAT and delivery charges. VAT is payable in addition to the price for the goods at the rate in force on the date of our invoice.
3.4 If you fail to pay any amount payable on its due date for payment interest shall be due on the overdue amount from the date payment fell due up to the date of actual payment (both dates inclusive) at the rate of 3% per annum above the base rate for the time being of Banque of France, such rate to apply after as well as before judgement. Such interest shall accrue on a daily basis and be compounded quarterly.
4. Delivery of the Goods
4.1 We will deliver the goods you order to the address you give us for delivery at the time you make your order.
4.2 For items in stock, orders received or paid for before 14:00 are normally dispatched on the same day for delivery in the Europe on the next 4 working day. Whilst every effort will be made to adhere to this timetable we cannot be responsible for any failure to meet these delivery times unless you have paid for a guaranteed delivery time.
4.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5. Waiver of Cancellation Rights
Once we have, with your permission, started to process your order you will not be entitled to cancel your order unless we agree otherwise.
6. Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered by the time you require the goods;
6.1.2 we cannot deliver in your area;
6.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing of information received by us from our suppliers.
6.2 If we do cancel your contract we will notify you by e-mail or telephone (at our discretion) and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Returns and Refunds
7.1 Goods can be returned for a full refund within 14 days of the despatch date provided that they have been unused and are in their original un-opened packaging. A returns authorisation must be obtained prior to the return of goods. Returned goods showing signs of damage or misuse will not be refunded.
7.2 If the Goods to be returned consist of software, whether in the form of a compact disc, floppy disc, tape, DVD or similar means of storage, the packaging containing the software must not have been opened at any time. If it has been opened the Customer is not permitted to return it.
7.4 After this 14 day returns period, goods can only be returned under certain circumstances and with the express permission of Ace Automation. We reserve the right to charge a 15% restocking fee subject to a minimum of 50€ at our discretion on any Goods returned to Ace Automation.
7.5 If any of the goods supplied are discovered faulty following delivery you must advise us within 14 working days and return the goods to us for evaluation. If faulty, the goods will be replaced and returned to you at our expense. You must ensure that you include a copy of your original sales invoice together with a full written report on the fault as failure to do so can result in a delay in dealing with any fault.
8.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address within 7 working days of the date of delivery.
8.2 Save as precluded by law we will not be liable to you for any indirect loss or consequential loss, damage and/or expense (including loss of profits or goodwill) suffered by you arising out of any breach by us of this contract nor shall we be liable for any claims that may arise from your use of the goods other than those purposes for which they were designed or in accordance with the safety advice recommended by us in our documentation.
8.3 Nothing in this Agreement is intended to limit any rights you might have as a consumer under local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury arising from our negligence.
9. Intellectual property
9.1 The specifications and designs of the goods (including copyright, design rights or other intellectual property in them) shall as between the parties be our property. Where any designs or specifications have been supplied by you for manufacture by us or to your order then you warrant that the use of those designs or specifications for the manufacture, processing, assembly or supply of those goods shall not infringe the rights of any third party;
9.2 If any claim is made against us that the goods infringe or that their use or resale infringes the intellectual property rights of any other person, you shall indemnify us on a full indemnity basis against all damages, costs and expenses incurred by us.
10. Events beyond our control
10.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10.2 We reserve the right to make changes in the specification of the goods we sell which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of those goods.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13. Entire agreement
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at: route de Romans, 01400 Châtillon-Sur-Chalaronne, France or by email to firstname.lastname@example.org
15. Governing Law and Jurisdiction
This Agreement and all matters arising from or connected with it are governed by French law.