General Terms and Conditions of Sale (GTCS)
1 - Generalities
The present general conditions of sale apply to all the orders received by the company orapeco on these sites (orapeco.fr, discountorapeco.fr) and on the marketplaces, that they emanate from the private individuals, professionals, tradesmen or company. They prevail over all other conditions, in particular the general conditions of purchase of the customers. Any order implies full acceptance of these terms and conditions, as well as any other special conditions specified at the time of the order.
Any order placed with the company is firm and final. The information contained in the catalogs, notices, price lists and proformas are only given as an indication, the seller being able to modify them at any time and without notice.
The parties to the contract are informed that the present general terms and conditions of sale are regularly updated and can be consulted at the following address: www.orapeco.fr / www.discountorapeco.fr / Marketplaces and that it is your responsibility to consult them regularly before placing any order with ORAPECO. Unless ORAPECO expressly denounces the GTC at the end of the calendar year, the present conditions will be tacitly renewed for the following year and will be applicable to both parties.
2 - Orders
The orders placed by phone, email, fax or via our websites by Orapeco are binding for the customer upon receipt. The receipt of the goods shall be considered as notification of the order. As Orapeco is a resale / dropshipping company, it is the customer's responsibility to define his needs, to read the description of each product and to check the compatibility of the ordered products. The customer is therefore solely responsible for the choice of products (hardware, software and any other good) meeting his needs. Customers can order through Orapeco's web sites, which are at their disposal; this service is free of charge. The login and access codes are strictly confidential and shall not be given to third parties under any circumstances.
The customer is the only one responsible for the management of these accesses and in case of access usurpation Orapeco declines any responsibility. In case of error in the transcription (display) of the prices on Orapeco's websites or on our stores on the marketplaces, the sale will be deemed not to have been concluded at the time of the sale.
erroneous price. The customer will receive a proposal to correct the order (before or after the delivery of the goods, in order to correct the error in the price display). The customer shall validate the correction with Orapeco upon receipt of the same. Orapeco reserves the right to accept, reserve or reject the order from the moment it is received in any form. The unavailability of a product, due to a stock shortage, to a malfunction of the synchronization with the supplier's database, to its deletion from our catalog, or to the discontinuation of the product by the manufacturer/distributor, shall not entail any cancellation of the whole order and shall not entitle Orapeco to any compensation. Only the available products will be delivered and invoiced. As Orapeco does not manage backorders, the unavailable products will be considered as definitively deleted from the order, and the customer is responsible for ordering Orapeco to replace it, or not, with another product of his choice and to modify the initial order accordingly. For any order, with collection at our suppliers' premises, lower than 150 euros (excl. VAT), Orapeco will charge a flat fee of 10 euros for the management costs.
3 - Prices
The prices indicated are established on the basis of the economic conditions in force, and are therefore subject to change according to the evolution of these conditions (purchase costs, duties, taxes, exchange rates, etc.). The prices applied to the order will be the ones in force at the moment of the order reception at Orapeco. They are exclusive of taxes and ex warehouse. All other costs or taxes (transport, VAT, WEEE, Sorecop tax, various taxes, etc.) will be charged in addition.
4 - Terms of payment Account opening:
Any new customer on one of the Orapeco company's websites will have to open a customer account or buy as a guest before ordering by providing the mandatory information requested on the website consulted.
Payment terms:
Except for the express agreement, specified in particular conditions, Orapeco invoices are payable in cash upon validation of the order on the web site or upon collection of the material from its offices or suppliers. The Payments can be made by bank transfer, bank cheque or credit card under certain conditions. The amounts invoiced are net and without discount.
Late payment:
In the event of non-payment on the due date, or in the event of unpaid invoices, and this from the day following the date of payment on the invoice, late payment interest at the rate of 2% per month, on the amount inclusive of tax of the invoice will be automatically applied without the need for a prior formal notice. All other sums remaining due by the customer will be made immediately payable. Late payment may also lead to the suspension of orders and deliveries in progress and to the withdrawal of any possibility of a payment deadline. In addition, in accordance with articles L441-6 c.com. and D. 441-5 c.com., any delay in payment will result in the payment of a fixed indemnity for collection costs of 40 € excluding VAT, per invoice, for the debtor, without the need for a reminder, in addition to the above-mentioned interest on arrears. All additional collection costs will be charged to the customer if they exceed the flat rate of 40 € HT.
5 - Delivery conditions
The delivery takes effect when the customer collects the products either from Orapeco's warehouse, or from the Relay point chosen by the customer when placing the order, or from the delivery address indicated when placing the order (letter box or direct delivery to the owner or his representative/agent by the chosen carrier). The customer shall inform Orapeco of the person appointed to pick up the package. This person must prove his identity and provide a collection order given by the customer. The customer shall inform the carrier of the person appointed to collect the package.
Delivery times
The delivery times are given as an indication. Orapeco shall not be held responsible in case of non-compliance with these deadlines. The possible delays can in no case justify a total or partial cancellation of an order or be used as a basis for any claim for compensation, or for the application of penalties for delay by the customer. In particular, in case of delay due to the carrier for any reason whatsoever (absence at the In the case of delivery to a customer or any other beneficiary, the customer mandates Orapeco to make the delivery to his own customer or any other beneficiary (referred to as final customer or final beneficiary), for this reason he shall have to settle the dispute directly between the customer and the carrier.
In case of delivery to the final customer or any other beneficiary, the customer mandates Orapeco to make the delivery to his own customer or any other beneficiary (called final customer or final beneficiary), in this respect, he shall provide Orapeco with the exact and complete details of the final customer / final beneficiary, the time of delivery, the delivery conditions, the name of the addressee, and any other useful information for the proper conduct of the said delivery; Orapeco's liability shall not be engaged if the delivery is in conformity with the order placed by its customer.
The products always travel at the exclusive risk of the addressee, except when the company takes care of the delivery or when the delivery is covered by the carrier's guarantee.
6 - Reception of goods - complaints
Upon receipt of the products, the customer is required to verify the completeness and conformity of his order, the number of packages, the contents of the packages, the condition of the packaging. Any anomaly concerning the delivery (missing product compared to the delivery order, damaged packaging, damage, broken products, ...) must be noted by the customer in the form of clear, precise and complete handwritten reserves on the transport order, in the presence of the carrier. The customer and the carrier will date and sign the reserves issued. If the carrier refuses to sign the reserves, the customer must notify him in writing on the transport order and he must keep a copy of these reserves.
In accordance with Article L133-3 of the Commercial Code, the customer must confirm by registered letter with acknowledgement of receipt the delivery anomalies within three days of delivery in order to confirm the said claims with the carrier. Any claim related to the ordered and delivered material shall be stipulated also within 24 hours by registered letter with acknowledgement of receipt to Orapeco company. If the customer refuses the delivery of the products and has not mentioned any anomaly on the delivery note, this will be considered as an abusive refusal. Orapeco reserves the right to claim an indemnity of at least 50 euros (excl. VAT) for the expenses incurred.
Réception de la marchandise - réclamations détaillées sur le cas particulier de l'endommagement du produit
Veuillez noter qu'il arrive fréquemment que le colis à la livraison présente des dommages extérieurs ou une anomalie sur l'emballage, et dans certains cas rares des défauts de fabrication. Afin d'éviter de nombreux échanges, de faire gagner du temps à nos clients et de trouver rapidement un arrangement à l'amiable en cas d'avarie, nous vous invitons à ne pas accepter un colis présentant des dommages extérieurs ou une anomalie très visible sur l'emballage.
Mais si vous décidez d'accepter le produit, avant de le sortir du colis, veuillez prendre des photos du colis endommagé et l'indiquer sur le bon de livraison ou la preuve de livraison en inscrivant "EMBALLAGE EN MAUVAIS ETAT". Ceci est nécessaire pour que l'agence puisse accepter toute réclamation. Le cas échéant, vous devrez ouvrir un dossier après-vente dans les 48 heures suivant la livraison.
Si le transporteur laisse votre article dans la boîte aux lettres en votre absence ou dans un point relais, merci de prendre des photos de l'emballage sans sortir votre produit. Cela nous permettrait d'identifier la responsabilité du transporteur en cas de dommage physique du produit une fois que vous l'avez sorti de son emballage, et de croire en la bonne foi de vos déclarations lors des éventuelles réclamations pour dommages.
Le client dispose de 2 jours (48 heures) à compter de la livraison de sa commande pour ouvrir un ticket ayant pour objet "commande reçue avec dommages visibles".
Passé 48 heures après la livraison, la garantie du transporteur est caduque, et l'assurance du transporteur refuse automatiquement toute réclamation, car elle considère que le dommage n'est pas survenu pendant le transport, mais à la suite d'une mauvaise utilisation par le client.
Le client est informé sur le bon de livraison qu'il dispose de 48 heures pour introduire une réclamation.
Réclamations pour des dommages causés à votre produit
Pour toute réclamation liée à un dommage sur votre produit, voici les éléments à nous transférer depuis votre espace acheteur :
- Photo of the package from the outside from different perspectives, so we can see the box (IMPORTANT: if the box is damaged, please show it on the photo).
- Another picture showing the complete broken product
- Photo of the outer packaging in the package (bubble wrap included)
- Photo of the opened box with the protections visible
- Photo of the attached shipping label
- Photo of the damage(s)
- Photo of product list with receipts
If the product does not match your order:
- Photo of delivered product.
- Photo of the manufacturer's label where we can read the EAN code of the incorrect product.
- Photo or scan of each page of the delivery note you received with our quality department stamps (you will find it in the box).
- Photo of the shipping label.
7 - Return of goods
Only returns of goods which have been delivered not in conformity with the order form validated by Orapeco Company will be accepted. No return or exchange of goods shall be made without the prior written consent of Orapeco Company, which shall provide the return information (name and address of return, possibly a return number to be marked on the goods, and a copy of the original delivery note shall be enclosed). Once the return information is obtained, the customer will have 4 days to return the goods (provide us with the return tracking information). An e-mail requesting the return is valid instead of a form that can be downloaded from the Orapeco website. The return agreement number must be clearly marked on each package. The return can only concern materials and products in their original packaging, without any alteration or modification. Software can only be taken back if it is returned in its sealed and intact envelope. It will not be no return for amounts less than 50 € HT. If the return is due to an error in the customer's order, a handling fee equal to 10% of the value of the returned products (excluding VAT) will be charged, the shipping costs paid are non-refundable, and for the orders placed on the marketplaces, the commissions retained by the marketplace will also be non-refundable.
In case of return not in compliance with Orapeco's agreement (products not corresponding to the return authorization, products not returned in the original packaging, damaged packaging, product used and/or tested, return out of time ...), the return will be considered invalid and the product(s) concerned will be put at the customer's disposal at the Orapeco's head office for a maximum period of 30 days from the date of receipt of the product(s). If the customer fails to collect the product(s) within the time limit, Orapeco shall be free to dispose of the product(s) and the customer shall lose all rights on the product(s). The return costs are to be paid by the customer. After receiving the product in its original packaging and in perfect condition, after checking it, we will proceed to the refund of your purchase (minus the delivery costs, the market commission costs, and -10% of the total price of your order if the packaging is not in perfect condition).
Return of goods: Conditions of acceptance
Our products are of high quality and of great brands selected with care to give complete satisfaction to our customers, therefore, the possible returns which are very rare are accepted only in the following cases:
- Manufacturing defect;
- Malfunctions for which you are not responsible within the warranty period (if you have respected the instructions for use and the device has not received any shock);
- Visible damage upon receipt of your package (supporting evidence) upon receipt of your product (make the claim within 48 hours)
Return by simple convenience
Specialized at 90% in dropshipping, our suppliers do not accept returns of products in perfect condition. In case of return by simple convenience, we can accept it under the conditions mentioned above but no refund of shipping costs will be made for orders placed on the website, by phone, by fax. And for the orders on marketplace, no Refund of commissions charged by the marketplace is not possible. Do not hesitate to cancel your order quickly before its shipment otherwise you will bear the return costs by simple convenience and the commissions for purchases on marketplace, because your order validation whatever its amount mobilizes many resources (our teams, management costs) and intermediaries (suppliers and carriers). After receiving the product in its original packaging and perfect condition, after control we will proceed to the refund of your purchase (subtracted from the expenses of delivery and return according to the carrier, of the expenses commission marketplace, and -10% of the total price of your order if the packaging is not any more in perfect condition).
Refund policy for digital products :
NB: Please ask for advice from our website or by e-mail support@orapeco.fr before purchasing the product if you have any doubts about choosing the right product.
Once a purchased (digital) software has been activated or an activation has been attempted via the Microsoft site, the software becomes non-refundable in accordance with article L.121-20-20 of the French Consumer Code. We can no longer return a license delivered from stock.
We cannot issue refunds if a customer has purchased the wrong product or if the activation problem is related to the customer's machine system.
Example: a customer buys Windows software for a Mac computer.
Orapeco strives to provide our customers with superior support for our return services. To ensure that our customers are satisfied with the product(s) they order, we offer a 14-day money-back guarantee, if the download has not been attempted.
8 - Warranty and after-sales service
Orapeco is an intermediary between the manufacturer / wholesaler / semi-wholesaler and the customer (private individual, professional and reseller) and therefore it does not provide any contractual guarantee for the products / hardware / software, except for the legal guarantee. The duration of guarantee of the products is that given by the constructor or the manufacturer and engages only this one.
The duration of the warranty may differ from one manufacturer to another. The conditions of guarantee of the manufacturers will be communicated to any purchaser who makes a written request, they are also available on the website of the manufacturer. In the case of a breakdown upon unpacking, the customer must take the necessary steps, if a manufacturer's warranty exists, to comply with the manufacturer's after-sales service process. In case of any other after-sales service request than unpacking failure, the customer must ask Orapeco for a prior agreement; the customer may refer to the conditions on Orapeco website and/or contact the after-sales service, which will give him all the necessary information and modalities. Orapeco reminds that the products that have been broken or handled improperly are excluded from the manufacturer's warranty and from the warranty granted by Orapeco.
In case of disappearance of a manufacturer, constructor or editor, Orapeco will not be responsible for the warranty. The manufacturer is the only one entitled to give the period of time during which it will provide the after-sales service and/or the spare parts for the products/hardware/software.
Orapeco will only transmit the information provided by the manufacturer on these periods and will not be held responsible in case the manufacturer would not respect the deadlines for which it is committed. The buyer will have to turn over against the manufacturer.
Malfunction 14 days after delivery: Return accepted - 2 years warranty (contact the manufacturer directly)
For the majority of our suppliers, your article is guaranteed by the manufacturer 2 years. The guarantee covers manufacturing defects but in no case the deteriorations / dysfunctions following the shocks or following the non-observance of the instructions for use.
The manufacturer generally accepts returns after 14 days for the following cases only:
- Manufacturing defect (at the discretion of the manufacturer)
- Malfunctions for which you are not responsible within the warranty period (if you have followed the operating instructions and the device has not received any shock)
- Visible damage upon receipt of your package (supporting evidence) upon receipt of your product (make the claim within 48 hours)
9 - Intellectual property
The software sold is the exclusive property of the manufacturer and/or its licensor. No transfer of ownership can be made on the software. Only a license of use is granted. Any delivery and use of software is therefore subject to the license agreement accompanying the product. The user may not, in any form whatsoever, transfer, communicate, lend, reproduce (except for backup purposes) ..., for a fee or free of charge, the rights of use he has acquired and which are his own. The customer will refrain from allowing or encouraging any infringement.
Condition of validation of your order: The product is original, certified Microsoft and is not refunded. To fight against malicious competitors and dishonest customers, you agree to accept an appointment for remote assistance to safely solve the problem encountered under your eyes, we will not send a second product because they are digital products. If the installation blockage is due to your system or other installed applications, we charge €10 per ¼ hour spent solving the problem on your computer. You will receive a link to validate support directly related to your computer system or any application that is blocking installation of the product. You will receive a full refund if we are unable to resolve any problem with your computer or its system.
10 - Property reserve
Orapeco company keeps the property of the sold goods until the effective payment of the whole price in principal and accessories. The delivery of a title creating an obligation to pay (draft, LCR, or other) does not constitute payment in the sense of this clause. The above provisions do not prevent the transfer to the buyer of the risks of loss or deterioration of the goods, as well as of the damage that they could cause, as from the delivery. In case of non-payment, even partial, Orapeco shall have the right to demand the immediate return of the product/hardware/software delivered. All the costs generated by this return shall be borne by the customer.
11 - Force majeure
Orapeco shall not be held liable for any breach of its contractual obligations in case of force majeure for the following events, without their enumeration being exhaustive: internal or external strike, catastrophes, delay in our supply and, in general, any event affecting and making impossible the normal execution of the orders.
12 - Jurisdiction
Any dispute related to the execution of the present contract, even in case of recourse to warranty or plurality of defendants, will be exclusively subject to the jurisdiction of the Courts of the Orapeco Company's registered office.
13. Other
Your purchase decision: to avoid any return that would entail shipping costs and commissions for purchases made on the marketplace. Do not hesitate to contact us if you have not received the tracking link. In the case where you chose POINT RELAIS, you must check the evolution of the delivery of your parcel on the site of the carrier by using the tracking number and you move to recover your parcel by yourself within the deadlines if not after 15 days with the point relay, the carrier will automatically return your parcel to us and we will proceed to the refunding of the amount of the article without the carriage costs and commissions (case of purchase on a marketplace). If you miss the appointment with the carrier at the address indicated and it happens that the carrier is unable to leave your package in the mailbox or in a relay point, the package will be returned to us and you will be refunded the price of the item only.
If you need help tracking your package, you can contact us at contact@orapeco.fr.