Global terms and sales conditions (GTCS)
Conditions Générales de Vente (CGV)
General terms and conditions of sale and services for professionals
- General Provisions
1.1 Scope
The terms and conditions apply to all sales of products and services made by Access-Ability to professional and private buyers. Access-Ability is a company registered in France, number 525 206 264 in the Amiens Trade and Companies Register FR80525206264 registered office at 10 Bis Rue du 11 Novembre, 80270, Airaines, France.
1.2 Purpose
The Terms and Conditions govern the contracts for the sale or provision of services between Access-Ability and professional and private buyers in the context of their professional activities.
1.3 Acceptance
Any order implies the unreserved acceptance of these conditions by the buyer. They take precedence over any other terms and conditions of purchase, unless expressly agreed to in writing by Access-Ability.
1.4 Contractual Provisions
Access-Ability reserves the right to change the terms and conditions at any time. The conditions in force at the time of the order will apply. Tolerances in the application of the conditions are not considered waivers.
- Compliance and Buyer’s Liability
2.1 Product Compliance
The buyer is responsible for the compliance of the products with the regulatory requirements of the sales territory. Access-Ability cannot be held responsible for any non-compliance related to specific local requirements.
2.2 Liability in the Sales Territory
Buyer may not sell the products outside the specified territory unless explicitly authorized by Access-Ability.
2.3 Non-processing of products
The purchaser must not alter the products, their packaging or label, and must follow the storage instructions provided by Access-Ability.
2.4 Traceability
The buyer must guarantee the traceability of the medical devices to the end user and maintain the necessary records for a minimum period of 10 years, in accordance with the requirements of Regulation (EU) 2017/745.
2.5 Complaints and incidents
The buyer must promptly report any complaints or incidents regarding the products. He must inform Access-Ability of any serious incident related to public health or the health status of patients within specific time frames.
- Obligations of the Professional Purchaser as a distributor of the Holding Harness as a medical device
Obligations of the Professional Purchaser as a distributor of the Holding Harness as a medical device
The buyer undertakes to inform all persons concerned by the purchase and use of the Product of the following obligations, and to implement all the means at its disposal, to ensure that these obligations are respected. In the event of failure to comply with this obligation, the buyer or his representative is liable for any violation of the legal and regulatory provisions in this area and its consequences.
Compliance: It is the responsibility of the Buyer, unless expressly excluded by the regulations of its Territory, to ensure that the Product is in compliance with the regulatory requirements of the Territory where it is intended to be used, with each order, with LMF ensuring that the Product complies with the requirements of Regulation (EU) 2017/745 as amended by Regulation (EU) 2020/561 and the placing on the market in France concerning medical devices. Therefore, in the event of a specific requirement of the Territory in relation to the requirements required in France, Access-Ability disclaims any liability for a breach of an obligation incumbent on the manufacturer or supplier, or for a failure of the Product to comply with a specific requirement, whether the Territory is included in the European Union or elsewhere in the World, in particular specific marketing requirements concerning: import rules, declaration or application for marketing authorization, labelling rules, technical specifications, safety requirements, batch traceability requirements, data retention requirements, incident reporting requirements, product recall requirements and any information to be transmitted to the relevant authority and made mandatory by local regulations.
The purchaser shall comply with the obligations incumbent on the manufacturers/suppliers if it makes available in the Territory the devices supplied by Access-Ability under its own name, company name or trademark, if it changes the purpose of the devices or if it modifies the devices supplied in such a way that it may affect the compliance of the device with the regulations in force.
Territory of sale and use: The Buyer is prohibited from making active sales in a Territory other than that of the delivery address of the order communicated to Access-Ability. In the event of authorization, it is acquired by the Buyer only on the express condition that this authorization has been expressly notified by Access-Ability in writing for territories explicitly named and under the responsibility of placing on the market of the Buyer, in particular concerning the conformity of the Products and the terms of sale, as indicated in – Compliance – above.
Non-processing of the Product after delivery: The Buyer undertakes not to carry out any processing on the Product, nor on the packaging, nor on the label, and to comply with the storage instructions in order to preserve the Product in its integrity as Access-Ability delivers it to the Buyer.
Traceability: The buyer has the obligation to ensure the records allowing the traceability of the medical devices delivered to the End User. This traceability consists in particular of recording the identification of the medical devices (Product code and batch number on the Product label and the delivery note), the quantity of medical devices issued for each batch, and the identification of the User, and keeping these records at least for the entire life of the medical device and the applicable regulatory duration or the longer of the two periods if they are of different duration.
The regulatory term is currently 10 (ten) years in Europe, for the territories covered by Regulation (EU) 2017/745 as amended by Regulation (EU) 2020/561. This traceability will be useful in the event that a batch recall is necessary. The purchaser has an obligation to make the records available to Access-Ability and on first request, in particular to facilitate any batch recall or control and to take any action to meet a regulatory requirement.
Complaints and incidents: The Buyer must be diligent in keeping Access-Ability informed, without delay and by any means, of complaints from users about the Product, or from any other actor entering the chain of provision of the Product by the Buyer.
In the event of an incident or risk of an incident that has or could have affected the User’s health, the Purchaser must report to Access-Ability at the latest:
– within one (1) calendar day, any case of serious threat to public health
– within five (5) calendar days, any case of death or unexpected serious deterioration in the state of health of a patient
– within ten (10) calendar days, any serious incident as defined in Article 87(1)(a) of EU Regulation 2017/745.
Any report of incident or risk of incident to the required authority of the territorial materiovigilance system concerning the Product, must be sent to the headquarters of Access-Ability or by email to contact@access-ability.eu.
The issuer must ensure that the information is received by the Access-Ability Material Vigilance Manager, Mr. Dumeige Samuel.
Product recall – Dissemination of information: – The purchaser must communicate to Access-Ability any data relating to the quality, performance or safety of the products sold by Access-Ability, even if the event identified did not generate a risk to the health of the user or third parties. The purchaser agrees to grant Access-Ability all its assistance to carry out without delay and at the first request to the Users of the purchased Product a Product recall or the dissemination of information communicated by Access-Ability that would be the consequence of a corrective or preventive action of an incident involving a Product manufactured by Access-Ability, in order to protect the health and safety of patients, users or third parties.
If the Buyer is a distributor of the Product, it undertakes to translate the documents necessary for this action into the official language of the Users, if applicable. The Distributor (whether this activity is exclusive or non-exclusive in its Territory of Sale) agrees to make every effort to carry out, without delay and at the first request of Access-Ability, this type of corrective or preventive action in the Territory (Product recall and the dissemination of recommendations or warnings), at its own expense, with the help of its own personnel and technical means.
Any “Customer Complaint” – i.e. any reported allegation, written (including electronically) or verbal, of impairment, made by a Buyer and/or user, and relating to the identity, quality, durability, safety, security or performance of a Product manufactured by Access-Ability, and which has been disseminated in a market or to a user of the Product, by the Client, must be sent to Access-Ability without delay and by any means after becoming aware of it. This complaint must specify the identification elements of the documents issued by Access-Ability concerning the incriminated Product, namely: the references of the invoice (date and number), the delivery note (date and number), and the identification of the Product in question as well as the number of the manufacturing batch, the quantity of Product of the same batch in stock on the day of the complaint.
- Product Recall and Information Dissemination
3.1 Product Recall
The purchaser must assist Access-Ability in arranging for the recall of products or the dissemination of information relating to an incident affecting the safety or quality of the product, even if such incident does not constitute an immediate health risk.
3.2 Actions of the Distributor
The distributor must translate the documents necessary for these corrective actions into the language of the users and ensure that they are implemented in its territory, at its own expense.
3.3 Customer complaints
Any complaints regarding the quality, safety or performance of the products should be addressed immediately to Access-Ability, specifying the details of the order, the product concerned and the manufacturing batch.
- 4. Related Products and Services
4.1 Access-Ability’s Core Activities
Access-Ability specializes in:
- The sale of equipment for the conversion of vehicles for people with reduced mobility, in France and abroad.
- The conversion of vehicles for people with reduced mobility exclusively in France in its Access-Ability workshop, 10 Bis Rue du 11 Novembre, 80270, Airaines.
4.2 Pre-contractual information
Prior to ordering, the customer can view the essential characteristics of the products and services via the pre-contractual information provided by Access-Ability, including the https://access-ability.eu/ website or any other commercial documentation.
- Orders
5.1 Placing an order
The order is validated by:
- The signing of a purchase order or a quote, referring to the Access-Ability pricing offer (valid for 2 months).
- The acknowledgement written by Access-Ability accepting the order.
5.2 Order Modification
Once the quote has been signed, the order is firm. Any changes requested by the customer must be accepted by Access-Ability, and deposits paid are non-refundable. Compensation may be due for the costs incurred by this change.
5.3 Right to refuse an order
Access-Ability reserves the right to refuse any order for technical, regulatory, safety, approval reasons or in the event of excessive quantities.
5.4 Withdrawal period
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty. “The period mentioned in the preceding paragraph shall run from the date of receipt for goods”. The right of withdrawal can be exercised by contacting the Company by email/post (information on our website, contact page).
Returns must be made in their original and complete condition (packaging, accessories, instructions) so that they can be re-marketed in new condition. In this context, you are liable. Any damage suffered by the product on this occasion may be such as to frustrate the right of withdrawal or to generate additional costs. Once the withdrawal period has passed, the return, if accepted, will generate a management fee of at least 25 Euros, which will be deducted from the amount already paid by the customer.
In the event of exercising the right of withdrawal, Access-Ability will refund the sums paid by bank transfer within 14 days of notification of your request, subject to receipt of the SWIFT and IBAN codes.
Only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remain at the expense of the Customer.
- Prices, Payment Methods, VAT
6.1 Sale price
The price is the one in force at the time of the order. In the event of an increase in costs (more than 3% since the offer), Access-Ability may revise its prices, informing the customer before the order.
- The price is expressed in Euros (€) and must be paid in Euros (€).
- Shipping costs are mentioned separately.
6.2 Terms of Payment
- First deposit : 30% on order.
- Balance : 70% on delivery of products/services
Payments can be made by cheque or bank transfer. For international orders, the buyer is responsible for customs fees and other local taxes.
6.3 Payment terms and conditions
Payment is due on the due date indicated on the invoice. If the buyer is in arrears or has doubts about their creditworthiness, Access-Ability may require advance payment or guarantees.
6.4 Late payment and penalties
In the event of late payment:
- Late payment interest is applied, calculated at the REFI rate + 10 points.
- A fixed compensation of €40 for recovery costs will be due.
- Pending orders can be suspended.
- Discounts may be reduced or cancelled.
- A penalty clause of 50% of the amount of the order excluding tax is due.
Access-Ability may exercise a right of retention on the products until full payment has been made and request a refund of the costs of storing the products.
6.5 Non-suspension of the Client’s obligations
Failure to pay does not suspend the customer’s rights to compensation for any damage caused.
6.6 TVA Applicable
- VAT rate :
- 5.5% : Applies to products and equipment intended to compensate for an individual disability, provided that these products are included in a list administered by the State.
- 20% : Applies in all other cases.
- Retention of Title Clause
- Ownership of Goods : The Products remain the property of Access-Ability until full payment of the price, including accessories.
- Risk Transfer : Risk is transferred to the buyer as soon as the products are picked up, i.e. as soon as the goods leave the factory or store.
- Client Obligations :
- The customer must keep the products in good condition and distinguish them from other goods on their premises.
- The products may not be resold or processed without the prior consent of Access-Ability.
- In the event of resale, Access-Ability can claim the claim directly from the end customer.
- Take-back of products : In the event of non-payment, Access-Ability may repossess the products after formal notice and compensate for damages. The products in stock with the customer are presumed to be those that are unpaid.
- Deposits and Indemnification : Any deposit paid by the purchaser shall remain with Access-Ability in the event of a trade-in of the products.
- Delivery Terms and Conditions
8.1 Delivery times
- Delivery times are indicative and not guaranteed. Access-Ability cannot be held liable for a delay of more than three weeks, which is attributable to Access-Ability.
- If a delay is more than three weeks and not due to a case of force majeure or fault on the part of the customer, the buyer may request the cancellation of the sale after a formal notice has remained unsuccessful for 30 days. The deposit paid will then be refunded.
- Delivery will not be made if the customer has not complied with its obligations, such as paying deposits or providing necessary documents.
8.2 Storage allowance
- The customer must take delivery within 30 days of being made available. If the customer does not comply with this deadline, he will have to pay a storage fee of €100 excl. VAT per day.
- Delivery can be made to a different address, subject to the prior agreement of Access-Ability, and additional billing for delivery will apply.
- If the customer chooses a different delivery, the products travel at the customer’s risk. In the event of damage, loss or delay, the customer must take action against the carrier. The risks are transferred to the customer as soon as the products are made available.
8.3 Verification of Delivery
- Upon delivery, the customer must check the conformity of the products (references, quantities, quality) and report any non-conformity or damage within 3 days by registered letter with acknowledgement of receipt to Access-Ability, in accordance with Article L133-3 of the French Commercial Code.
- The reservations must be clear and specified on the delivery receipt. It is recommended that photographs of the damage be attached to assist in the assessment of the damage.
- In the absence of reservations within the allotted period, the products will be considered accepted in good condition.
- Warranty
9.1 Warranty against Apparent and Latent Defects
Access-Ability offers a 2-year contractual warranty, covering hidden and apparent defects in the products, from the date of delivery. This warranty includes:
Products and parts : Excludes consumables and accessories.
Compliance : The products comply with the applicable technical standards and specifications agreed with the Customer.
Latent defects : The warranty covers defects in material, design, or workmanship that render the product unfit for purpose and not detectable before use.
In the event of a defect or non-conformity, Access-Ability may choose to:
- Replace the defective product.
- Repair the defective product.
The Customer must report any non-conformity or defect within one year of delivery. After this period, no claim can be made, except in the event of a latent defect.
The specific conditions of the warranty are as follows:
- The warranty only applies to products that have become the property of the Buyer on a regular basis.
- It only covers products manufactured by Access-Ability, used in accordance with the company’s specifications and recommendations.
- In the case of individual layouts, Access-Ability’s responsibility is strictly limited to the specifications defined in the order.
- For professionals in the same specialty, the warranty is limited to the conformity of the products and the absence of apparent defects.
- Apparent defects must be reported at the time of delivery, in accordance with Article 6.3. With regard to the services, Access-Ability guarantees their compliance and flawless implementation.
9.2 Warranty Implementation
To implement the warranty, the Customer must inform Access-Ability of its claims and provide the product information and a copy of the purchase invoice.
The product or vehicle will be sent to Access-Ability for an assessment. No work on the product should be carried out without the prior consent of Access-Ability.
Access-Ability covers the costs of replacement, repair, and the costs associated with the installation and removal of the equipment. However, indirect costs such as towing or renting a replacement vehicle are not covered by the warranty.
The warranty ends if the Customer does not report the defect within 20 clear days of its discovery.
9.3 Warranty Exclusions
The warranty does not cover the following cases:
- Modification or intervention on the product without the prior consent of Access-Ability.
- Use of the product under abnormal or non-conforming conditions.
- Use of non-original or incompatible spare parts.
- Normal wear and tear of parts.
- Deterioration due to abnormal operation or improper installation.
- Failure to comply with maximum permissible loads or installation instructions.
- Special adaptation or assembly carried out by the Client, except under the supervision of Access-Ability.
- Delay in notification of the defect (more than 20 days).
- Liability
10.1 Champ d’application
Access-Ability’s liability is limited to direct material damage caused by faults attributable to the company in the performance of its contractual obligations.
10.2 Disclaimer
Access-Ability cannot be held liable in the event of non-performance due to a breach by the Client or a case of force majeure. In addition, it will not be liable for immaterial or indirect damages, such as loss of profit, damage to brand image, or loss of customers.
Access-Ability’s liability is also limited in time to 20 days after the occurrence of the event giving rise to the damage, and financially to the total amount excluding tax paid for the service or product concerned.
10.3 Penalty clause
In the event of non-performance of the obligations by the Client, a penalty of 50% of the amount excluding tax of the order will be due, in addition to the possibility for Access-Ability to claim compensation for the damage suffered.
10.4 Termination clause
In the event of a breach by the Client of its obligations, Access-Ability may terminate the order by operation of law, after sending a registered letter with acknowledgement of receipt, without the need to initiate legal proceedings.
- IMPREVISION
- Renegotiation in the event of unforeseeable circumstances 😛 possibility for a party to request renegotiation in the event of unforeseeable changes making performance excessively onerous.
- Mandatory prior conciliation : The parties must try to reach an agreement before starting legal proceedings.
- Failure of the renegotiation : If the renegotiation fails, the parties may ask the judge to terminate or adapt the contract.
- Deadline and legal procedure 😀 15 days to reach an agreement and the possibility of referring the matter to the judge after 7 days if no solution is found.
- CONFIDENTIALITE
- Confidentiality commitment : Obligation for the parties not to disclose information obtained under the contract, except as required by law.
- Duration of the confidentiality obligation : The confidentiality obligation continues even after the end of the contract, as long as the information is not public.
- FORCE MAJEURE
- Suspension of obligations : The performance of Access-Ability’s obligations is suspended in the event of force majeure.
- Examples of force majeure : Includes events such as bad weather, strikes, epidemics, natural disasters, etc.
- Notification and impact on the performance of the contract : Access-Ability must inform the customer within 10 days and the parties must consult each other within one month.
- Termination after 4 months : The customer can terminate the contract if the suspension lasts more than 4 months.
- PERSONAL DATA
14.1 Data Collection
The personal information collected by Access-Ability via quotes (surname, first name, date of birth, address, telephone, email address, etc.) is recorded in its customer file and mainly used for the proper management of relations with the Customer and the processing of orders and applicable guarantees, the prevention of non-payment, advertising offers.
14.2 Data Retention
The personal information collected will be kept for as long as necessary to process the order and manage unpaid invoices, unless:
- A longer retention period is permitted or required by a legal or regulatory provision;
- The Client has exercised, under the conditions set out below, one of the rights granted to him by law.
14.3 Access to Data
Access to personal data is strictly limited to Access-Ability’s employees and agents, who are authorised to process it by virtue of their duties. The information collected may be communicated to third parties linked to Access-Ability by contract for the performance of subcontracted tasks necessary for the management of the order, without the Client’s authorisation being required. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, Access-Ability undertakes not to sell, rent, transfer or give access to the data to third parties without the prior consent of the Client, unless it is forced to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).
14.4 Customers’ rights
In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to information technology, files and freedoms and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), the Buyer has several rights for the management of their data:
-The right of access (Article 15 GDPR): The Buyer may ask Access-Ability to obtain confirmation as to whether or not personal data concerning him or her is processed by Access-Ability’s services. If they are, the Buyer may request a copy.
-The right to rectification (Article 16 GDPR): The right to request that Access-Ability modify inaccurate information on its database.
-The right to erasure (Article 17 GDPR): The right to request from Access-Ability the deletion of the information contained in its databases.
– The right to object (Article 21 GDPR) and to withdraw consent (Article 13-2c GDPR): the Buyer has the option of not or no longer appearing on a file in the Access-Ability databases.
– The right to limit processing (Article 18 GDPR): The Buyer may request the suspension of processing concerning him or her for the duration of a verification.
-The right to portability (Article 20 GDPR): The right to obtain the transmission of one’s personal data, in a structured, commonly used and machine-readable format, to oneself or to another data controller, when technically feasible.
-The right to set guidelines relating to the fate of the Buyer’s data after his death. In the absence of a directive and after a certain period of inactivity, Access-Ability deletes the data.
-Nevertheless, the Buyer’s heirs may exercise the rights to the data after his death.
– The right to lodge a complaint with the CNIL (Article 77 GDPR): The Buyer may lodge a complaint if he considers that the processing of personal data concerning him constitutes a violation of the regulations.
The Client may, subject to the production of a valid proof of identity, exercise his rights by contacting Mr. Samuel Dumeige, 10 Bis Rue du 11 Novembre, 80270, Airaines 03 22 25 58 65, contact@access-ability.eu
In the event that the Client does not wish to receive promotional messages and invitations via e-mails, SMS messages, telephone calls and postal mail, the Client has the option of modifying his or her choice by contacting Access-Ability under the conditions mentioned above or by using the unsubscribe links provided in the messages.
This right also applies to persons whose data (in particular their identity and contact details) have been transmitted, with their consent, to Access-Ability by third parties, for the purpose of commercial prospecting.
For any further information or complaint, the Client may contact the Commission Nationale de l’Informatique et des Libertés (more information on www.cnil.fr).
- TERRITORIALITE
- Compliance of products with French regulations : Products are compliant with French regulations, but the buyer is responsible for verifying compliance in other territories.
- Liability in case of export : Access-Ability is not responsible if a product cannot be approved or registered outside of France, Luxembourg or Belgium.
- GOVERNING LAW, MEDIATION AND DISPUTE RESOLUTION
- 16.1 Applicable law : The contract of sale is governed by French law. In the event of a translation of the contract, only the French version is valid in the event of a dispute.
- 16.2 Prior Mediation : In the event of a dispute, the buyer must first contact Access-Ability’s Customer Service to try to resolve the dispute amicably. Complaints must be sent by registered letter with acknowledgement of receipt to the address of Access-Ability.
- 16.3 Jurisdiction : In the absence of an amicable agreement, the Amiens Judicial Court is competent to settle any dispute relating to the application, validity, interpretation or execution of the terms of the contract, regardless of the place of the order, delivery, payment or method of payment.
- 16.35 Costs of proceedings : In the event of a dispute or debt collection, the costs of summons, court, lawyers, bailiffs and other related costs shall be borne by the offending customer, in particular if the customer does not comply with the terms of payment or delivery.