Terms and Conditions
1. About our company
PRS (hereinafter referred to as the “Company”), with SIREN number 890 556 293, offers the following services:
- Online sales
- Repairs
2.Preamble
These Terms and Conditions of Sale (hereinafter the “T&Cs”) constitute the sole basis of the commercial relationship between the parties.
They govern the conditions under which the Company provides its Services to its professional customers who request them directly or in writing.
They apply to all Services provided by the Company to all customers in the same category, regardless of any clauses that may appear on a customer's document, in particular its general terms and conditions of purchase.
They are systematically communicated to customers who request them. All orders imply acceptance of the GTC.
3.Definitions
Customer refers to any person who places an order by direct contact or in writing;
Order refers to any order placed by the Customer with a view to benefiting from the Company's services;
Terms and Conditions of Sale or T&Cs refer to this document;
Consumer refers to the purchaser who is a natural person acting outside their professional activity;
Professional refers to a buyer who is a legal entity or natural person acting within the scope of their professional activity;
Services refers to all services offered by the Company;
Company refers to the company, as further described in Article I herein.
4.Orders
Orders are placed by the Customer through direct contact or in writing.
Sales of Services are made after a quote has been provided to the Customer, acceptance of this quote by the Customer, and express acceptance of the Order by the Company.
5.Service provision and prices
The rates are those in effect on the date the Order is placed, as set out in the quote provided to the Customer or according to the price list provided to the Customer on site.
The rates are presented. If the cost of the Services cannot be determined with certainty in advance, a detailed quote will be provided to the Customer with the price calculation method allowing them to verify it.
For each Order, an invoice is issued by the Company to the Customer.
6.Payment terms and conditions
Payment can be made by: Credit card, Bank transfer
In the event of total or partial non-payment for the services on the date agreed on the invoice, the buyer shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operations plus 10 percentage points.
The financing operation used is the most recent one on the date the Services are ordered.
This penalty is calculated on the amount including all taxes (VAT included) of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment penalties, any amount, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed penalty of €40 for recovery costs.
No compensation may be made by the Customer between penalties for late delivery of the services ordered and sums owed by the Customer to the Company for the purchase of Services.
7.Performance of services
The Company undertakes to comply as far as possible with the deadlines announced when the Order is placed. However, it cannot under any circumstances be held liable for delays in the performance of services caused by faults for which it is not responsible.
Furthermore, the Company cannot be held liable for delays in performance during periods of high demand, such as the end-of-year holiday season. The Company cannot be held liable for delays caused by force majeure, i.e., due to the occurrence of an unforeseeable, unavoidable event beyond the Company's control.
8.Complaints
For all orders placed, the Customer has the right to make a complaint within one to three days of the Service being provided.
To exercise this right of complaint, the Customer must send the Company a statement expressing their reservations and complaints, accompanied by supporting documents, to the address.
Complaints that do not comply with the above conditions will not be accepted.
The Company shall refund and rectify the Service as soon as possible and at its own expense, within the limits of what is possible.
9. Consumer's right of withdrawal
The Consumer has a right of withdrawal for three days from the date of placing the Order, except for the products mentioned in Article L. 221-28 of the Consumer Code, as reproduced below:
"The right of withdrawal cannot be exercised for contracts:
1° For the provision of services fully performed before the end of the withdrawal period and whose performance began after the consumer's prior express agreement and express waiver of their right of withdrawal;
2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which are likely to occur during the withdrawal period;
3° For the supply of goods made to the consumer's specifications or clearly personalized; 4° For the supply of goods that are likely to deteriorate or expire rapidly;
5° For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional
;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or during a specific period;
13° For the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of their right of withdrawal."
To exercise this right of withdrawal, the Consumer shall send a statement to the following address: Sales@prs-technologies.com
The Consumer shall be reimbursed for all costs paid for the provision of services within 14 days of the Company becoming aware of their statement of withdrawal. The reimbursement shall be made using the same means of payment as that used for the purchase.
However, if the provision of services has already begun on the date the Company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the refund. The refund will be made using the same payment method as for the purchase.
10.Legal guarantees
The Services provided to Consumers are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
"The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility."
Article L.217-5 of the Consumer Code:
"The goods are in conformity with the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
If they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling
;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article 1641 of the Civil Code: “The seller is bound to a warranty on account of hidden defects in the item sold that render it unfit for the use for which it is intended, or that so impair that use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.”
Services sold to Professionals also benefit from the warranty provided for in Article 1641 of the Civil Code.
The warranty is limited to the replacement or refund of Services that are non-compliant or affected by a defect. It is excluded in the event of misuse or abnormal use of the Service, as well as in the event that the Service does not comply with the legislation of the country in which it is delivered.
The Customer must inform the Company of any defects within two years. The Company will rectify any Services deemed defective to the extent possible. If the Company is held liable, the warranty is limited to the amount paid by the Customer for the provision of the Services, excluding tax.
The replacement of the Services does not extend the warranty period.
11. Processing of personal data
The purchase by the Customer may result in the processing of their personal data. If the Customer refuses the processing of their data, they are asked to refrain from using the Company's services.
This processing of personal data is carried out in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to query, access, rectify, modify, and oppose all of their personal data at any time by writing, by mail and providing proof of their identity, to the following address: Sales@prs-technologies.com
This personal data is necessary for processing the Customer's Order and issuing invoices where applicable, as well as for improving the services offered by the Company.
12.Sharing of collected data
The Company may use third-party companies to carry out certain operations.
The Customer agrees that third-party companies may have access to their data in order to fulfill their order.
These third-party companies only have access to the data collected for the purpose of performing a specific task. The Company remains responsible for the processing of this data.
In addition, the Customer may receive information or commercial offers from the Company or its partners.
The Customer may object to receiving these commercial offers at any time by writing to the Company at the address indicated above.
In addition, Customer information may be transmitted to third parties without their express prior consent in order to achieve the following purposes:
To comply with the law
To protect any person from serious bodily harm or death To combat fraud or harm to the Company or its users
To protect the Company's property rights.
13.Data protection
The Company ensures an appropriate level of security commensurate with the risks involved and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not constitute a guarantee and do not bind the Company to an obligation of result concerning data security.
14.Cookies
To enable its Users to enjoy optimal browsing on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a file known as a “cookie” on the User's hard drive.
The User has the option of blocking, modifying the retention period, or deleting this cookie via their browser interface. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or features of the Site, this malfunction shall in no way constitute damage to the member, who shall not be entitled to any compensation as a result.
15.Modifications
The information contained in the Company's catalogs, brochures, and price lists is provided for informational purposes only and is subject to change at any time.
The Company is entitled to make any changes it deems necessary.
When placing an Order, the Customer is subject to the provisions set forth in the GTC in effect at the time the order is placed.
16.Intellectual property
The brand, logo, and graphic charter are registered trademarks owned exclusively by the Company. Any distribution, use, representation, or reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
17.Jurisdiction clause
The law governing the GTC is French law. Any dispute that may arise between the Company and a Customer during the execution of the GTC will be subject to an attempt at amicable resolution. Failing this, disputes will be brought before the competent courts of common law.
18.Customer acceptance
The Customer expressly accepts the GTC. They declare that they are aware of them and waive the right to invoke any other document, in particular their own general terms and conditions of purchase.