Terms and conditions of use

As a company, Ornitolink offers B2B products and more specifically supplies and industrial equipment such as:

- Aeraulic equipment for air treatment, ventilation, diffusion and air filtration...

- Equipment for acoustic treatment of industrial machineries and installations, silencers, soundproof enclosures, absorbing panels...

And more generally complementary equipment used in the industrial sector.

The products offered are made on demand.

Our customers are professionals who, through their orders, recognize having the full legal capacity to engage under these terms and conditions of sale.

Sales can take place via the website www.ornitolink.com.

Our sales department is at your disposal to answer your requests, from 9am to 12.30pm and from 2pm till 5.30pm Monday to Friday.

Do not hesitate to send us an email : contact@ornitolink.com.

Or call us : +33 (0)7 78 19 00 22

1. Identification of the author of the offer:

The seller is the French company Ornitolink SAS with a capital of € 10,000,

Head office: Maison de la Technopole, 6 rue Léonard de Vinci - CS 20119, 53001 LAVAL CEDEX, registered with the Laval RCS register under the number 844 293 472 00016

The website is the property of Ornitolink SAS in its entirety, as well as all rights related thereto. Any reproduction, in full or in part, is systematically subjected to the authorization of the owners.

 

2. Acceptance of conditions:

The customer acknowledges having read the terms of use and sale at the time of placing the order and expressly accepted them without reservation. The present general conditions of sale govern the contractual relations between Ornitolink and its customer, the two parts accepting them without reserve. These general conditions of sale will prevail over all other conditions appearing in any other document, excepted preliminary, express and written exemption.

 

3. Products:

The products offered on the website are a selection of products offered by Ornitolink partners.

Texts, graphics, pictures, data sheets are generally derived from documentation developed by manufacturers and presented or reproduced with their agreement.

These photos and descriptions are non-contractual and subject to change. Any errors or typographical mistakes shall be subject to corrections without any liability on the part of Ornitolink.

Our offers of products and prices are valid as long as they are presented on the website. These are products manufactured on demand according to the technical specifications of our customers, within the limits of the production capacity of our manufacturers.

The products we offer comply with European legislation and standards. For any purchase of goods destined for export, the customer must check the specific legislation in force in the country of destination, whether for taxes, declarations, prohibitions, etc...

3.1. Provisions relating to equipment

- Electrical and electronic equipment

According to Article 18 of Decree 2005-829 of July 2005, it is agreed that for any sale of electrical or electronic equipment, it is the user who is responsible for the organization and financing of the collection and treatment of waste from equipment of this type under the conditions provided for in Articles 21 and 22 of that same decree. The user declares to have taken knowledge of the waste disposal conditions.

- Equipment sold on the www.ornitolink.com website

Given the nature and technicality of the products offered for sale, study, choice of model, installation, accessories and small supplies, testing, starting up and especially fitting and adjustments adapted to the customer’s installation, must be overseen by a specialist to follow the conditions of use and especially of maintenance which must be regular and properly monitored.

They are not included in the price of the equipment.

The installation must be carried out by a specialized technician.

 

4. Order:

All orders are subject to these general conditions of sale which cancel and replace any other general condition of the customer, except with the written agreement of the president of SAS Ornitolink.

Any order placed over the phone or by email must be confirmed by the customer, in writing with indication of the delivery time, details of the service and the agreed price, followed by the word "good for agreement".

Before placing an order online, you are asked to fill out a form, allowing the opening of your account, and to fill in all the mandatory fields. Ornitolink reserves the right to request additional information to open your account.

The parties expressly acknowledge that the emails and automatic registration systems used on the website will be authentic and may be opposed to them, especially regarding the contents, the date of order and the delivery time.

Ornitolink shall confirm the acceptance of the customer’s order by sending him an email at the address he provided. The sale will only be concluded after the confirmation of the order. Ornitolink reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order, and the right to refuse certain orders without obligation to explain the reasons. An email informing the customer of this refusal will be sent by Ornitolink.

The information given by the buyer when placing an order is legally binding: in the event of an error in the addressee's address, the seller cannot be held responsible for the impossibility in which he could be to complete delivery. Under no circumstances can a validated order be modified or canceled by the customer if it has already been put into treatment by Ornitolink.

Any change to the original order on the part of the buyer may result in changes in delivery time and additional billing.

Right to retract: The consumer has a period of fourteen days (from the reception of the goods) to exercise his right to retract in the case of an off-premises contract.

However, in accordance with Article L121-16-1 of the Consumer Code, use of this right is only applicable insofar as the object of the contract does not fall within the main scope of activity of the company, and provided that the latter does not employ more than 5 employees.

Moreover, in the case of customized goods tailored to the customer's request, that is to say if their manufacturing requires special adaptations to meet specific technical requirements, this right to retract is no longer applicable.

In order for the return to be accepted by Ornitolink the product must be returned in its original packaging without having been opened. In case of exchange or refund, return the item(s) unused, in its (their) original packaging, intact, with all the accessories, instructions and documentation to the address agreed upon between the customer and Ornitolink.

In the event of one’s right to retract being exercised, Ornitolink is bound to refund the sums paid by the customer, without expenses, with the exception of the transportation costs and the return costs. Refund will occur within a maximum of 15 days.

 

5. Delivery:

We offer 3 delivery options

- With Ex Works delivery, your orders are made available for withdrawal at the delivery point closest from one of our partners. This mode of withdrawal does not give rise to any cost of transportation.

- By fast transport for unit products less than 70kg: your packages are routed by our UPS provider and supported within 48 hours after receipt of your payment.

- By courier transport for any order exceeding 70kg: your transport price and delivery time are then confirmed by email.

In the case of an export order, delivery can be made at your usual freight forwarder in Metropolitan France. You can indicate their coordinates through the delivery address (which can be different from the billing address at the time of the order).

For deliveries outside Metropolitan France, the customer is considered to be the importer of the products, hence he also agrees to pay all taxes due on the importation of products, customs duty, added-value tax, and any other taxes due under the laws of the country of receipt of the command. Ornitolink disclaims any legal liability if the payment of taxes was not made by the customer.

5.1. Shipping time

The applicable shipping times are those indicated during the validation of your order. Note, however, that the shipping time will only take effect from the date of payment of the order.

Our delivery times are only indicative. A delay of shipping or delivery can in no case give rise to the award of damages or interest of any kind, nor the cancellation of the order.

5.2. Late delivery

In case of late delivery, we invite you to report the delay by contacting us via our website in the support area.

We will contact the carrier to check on the location of the package, and having obtained this information we will make every effort to ensure that you are delivered as soon as possible.

In case of a loss due to the carrier, the goods will be redirected to you as soon as possible.

5.3. Reception check:

Shipments are made at the risk and peril of the recipient. It is imperative, in case of damaged or missing goods, to appeal to the last carrier by detailed reservations on the delivery slip, confirmed by registered letter within 3 days under penalty of foreclosure. At the end of this period, the buyer is deemed to have accepted the goods delivered. Delivery is made to the sidewalk at the delivery address of the customer, without any handling or installation. He himself must transport them correctly to their final location.

No more recourse can be taken into consideration for any claim in case of damage noted after the departure of the driver and not reported on the delivery slip. (Article L133-3 of the French Commercial Code). Any claim made after signing the delivery slip will be systematically rejected and we will be unable to exchange or refund the product. Indeed, checking the state of your product is considered as carried out once the delivery slip has been signed.

In case of apparent defects, the buyer has the right of return under the conditions provided in this document. The following are considered as force majeure releasing the seller from his obligation to deliver: war, riot, fire, strikes, accidents and the impossibility of being supplied. The goods always travel at the risk of the recipient. Ornitolink cannot be held responsible for any damage caused during transport.

For availability reasons, an order can be delivered in several times to the customer. The customer only pays for one delivery. If the customer wants 2 addresses of delivery, he places 2 orders, with related delivery costs.

No compensation and / or penalty of delay can be asked of Ornitolink, even in case of cancellation of order by the customer under the conditions described above.

 

6. Pricing conditions

The prices are displayed in euros. They are displayed on the product sheets in Net Free Taxes and for their amount T.T.C. including the applicable VAT in force in France calculated on the day of the order.

The price indicated on the product sheets does not include transport.

The prices are only indicative, Ornitolink isn’t required to inform the buyer during the execution of the order of any increase occurring before the day of shipment.

The price indicated in the order confirmation is the final price, stated:

- including all taxes and the VAT in force in France, on the day of expedition, delivery or removal, for a customer established in France.

- excluding taxes for a customer established in the EU provided that he has communicated to us his VAT number intra-EU. If the purchaser does not provide his intra-EU VAT number, invoicing will be made at the French VAT rate and will be issued at the inclusive price.

- excluding taxes for a customer established outside the European Union.

This price includes the price of the products, handling, packing and transport costs. Ornitolink reserves the right to modify its rates at any time and without notice.

 

7. Payment:

The price charged to the customer is the price indicated on the order confirmation sent by Ornitolink.

- Payment by check : In case of payment by check, it must be issued by a bank domiciled in France. The order validated by the customer will be considered effective only when Ornitolink has received the check and cashed the check corresponding to the amount of the order.

- Payment by bank transfer : The order validated by the customer will be considered effective only when Ornitolink has received the bank transfer to the account.

- Payment by credit card : The order validated by the customer will be considered effective only when Ornitolink has received the transfer to the account.

Any order placed on the website is payable according to the conditions stated on the contract binding the two parties. The only means of payment accepted are the means included in this contract.

Availability and shipping times start upon reception of the payment.

7.1. Property reserves

It is expressly agreed that Ornitolink reserves the full ownership of the goods delivered until full payment of the price of the goods, interest and any incidental costs. Consequently, Ornitolink will be able to claim by registered letter the restitution at the risks and the expenses of the customer of any product delivered yet unpaid for.

7.2. Late payment

 "Any sum, including the down payment, not paid on its due date, will automatically incur late payment interest equal to three times the legal interest rate in force as well as the payment of the lump sum recovery costs of € 40, provided for in Article L.441-6 of the Commercial Code in accordance with the legislation in force on January 1, 2013. "

Supplementary compensation may be claimed, upon presentation of the receipts, should the recovery costs incurred exceed the amount of the lump sum compensation.

All legal and extrajudicial costs incurred for the recovery of the principal claim and penalties will also be borne by the client.

 

8. Billing:

Invoices will be sent in electronic format to the address indicated during the payment. A paper invoice can be sent to you by mail upon explicit request.

 

9. Returns:

Returns, except in the case of enforcing one’s right to retract, are granted only upon prior acceptance by Ornitolink. To do this, the customer must send a request by email to contact@ornitolink.com. The return costs are the responsibility of the customer. In order for the return to be accepted by Ornitolink, the product must be returned in its original packaging without having been opened. The return must be made to the address agreed upon with Ornitolink.

Upon reception of this return, and subject to acceptance of this return, Ornitolink will refund the amount initially billed to the customer, deducted from the shipping costs (non-recoverable), any costs of testing and reconditioning costs for the goods. Ornitolink will credit the client's bank account within a maximum of 30 days.

 

10. Litigation:

This contract is subject to French law. Ornitolink cannot be held liable for damages of any kind, whether material or immaterial or bodily, that could result from a malfunction or misuse of the products sold. The same is true for any modifications of the products resulting from the manufacturers.

The responsibility of Ornitolink will, in any case, be limited to the amount of the order and cannot be engaged for simple errors or omissions that could have remained on the website despite all the precautions taken in the presentation of products.

In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution. It is recalled that the search for the amicable solution does not interrupt the "short time" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors its financial commitments to the seller. The complaints or disputes will always be received with attentive benevolence, the good faith being always presumed in the one who takes the trouble to expose his situations. In case of dispute, the customer will first contact the company to obtain an amicable solution. For a better efficiency of the treatment of the complaints, and more widely of all correspondence, it is recommended to address them to: Ornitolink contact@ornitolink.com

In case of a dispute or litigation, only the courts of the judicial district of the seller's registered office are competent. Hence, the Commercial Court of Laval has sole jurisdiction by default, regardless of the place of delivery and payment method accepted.

 

11. Warranty:

In any case, Ornitolink cannot be held responsible for non-compliance with the regulations and laws in force in the country of reception. Ornitolink's liability is systematically limited to the value of the product in question, value at its date of sale and without recourse to the brand or company producing the product.

In any case, the customer benefits from the legal guarantee and hidden defects provision (Art.1625 and following of the Civil Code).

1 - The legal guarantee of conformity by which the professional salesman is held to deliver goods in conformity with the contract and has to address any defects of conformity existing at the time of the delivery.

2 - The legal warranty of latent defects by which the seller is bound by the guarantee in case of hidden defects of the sold item which would render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given it a lesser price, had he known about it. "

Provided that the buyer proves the hidden defect, the seller must legally repair all the consequences (art.1641 and following of the Civil Code); if the buyer goes to court, he must do so in a "short time" from the discovery of the hidden defect (art.1648 of the Civil Code). You can contact customer service: 5 days out of 7 (Monday to Friday included) by sending an email to contact@ornitolink.com. (response within 48 hours)

3- Manufacturer's warranty, when offered by the manufacturer of the product

The contractual warranty applicable to the products sold by Ornitolink is limited to the commitments of the manufacturer.

 

12. Legal information and compliance with the GDPR

Collecting personal information for the purposes of distance selling is mandatory, this information being essential for the treatment and the routing of the orders, the establishment of the invoices, the follow-up of payments and communication with our customers within the framework of the contractual relationship. The lack of such information leads to the non-validation of the order.

Some of this information is used for purposes of performance analysis, and enhancement of our site features and quality of service.

The processing of personal information relating to customers is ensured in accordance with the recommendations of the CNIL and the guidelines of the GDPR. Contractual data is kept for a maximum of 3 years and is intended for the commercial and logistic department.

The customer has (article 34 of the law of January 6, 1978) a right of access, of modification, rectification and deletion of the data which concern him, which he can exercise at any time and by any means to his suitability with Ornitolink. In addition, Ornitolink undertakes not to communicate details regarding its customers to a third party.

In order to secure online data, we strive to

- Secure the entire sales path in https;

- Allow our customers to choose a complex password when creating their account;

- Pledge not to transmit any personal data

- Secure the banking transaction and not to keep the bank details of our customers

- Offer the opportunity for our customers to ask us by simple contact (dedicated email, contact form)  for access, rectification or erasure of their data, or to report any difficulty on the processing thereof.