MANUFACTURER OF OPHTALMIC SURGICAL INSTRUMENTS
MANUFACTURER OF OPHTALMIC SURGICAL INSTRUMENTS
MANUFACTURER OF OPHTALMIC SURGICAL INSTRUMENTS
MANUFACTURER OF OPHTALMIC SURGICAL INSTRUMENTS
MANUFACTURER OF OPHTALMIC SURGICAL INSTRUMENTS



GENERAL TERMS AND CONDITIONS OF SALE


Article 1 - SCOPE


The present general sales conditions apply to all sales concluded by the company Fimco STE France.



Article 2 - ORDERS


The buyer acknowledges, understands and agrees to these terms and conditions, as well as the price list. He declares and recognizes to have a perfect knowledge of it, and give up, therefore, to prevail himself of any contradictory document and, notably, its own general purchase conditions, the act of purchase involving acceptance of these general sales conditions.
The present conditions are modifiable at any time and without advance notice by the company Fimco STE. The modifications are then being applicable to all posterior orders.
According to the law degree L.111-1 of the French Consumer Code, The Company Fimco STE presents on its website the products to be sold with all the necessary characteristics in a form of a technical data sheet.

The choice and the purchase of a product are placed under the unique responsibility of the customer. We decline any responsibility if the item delivered does not comply with the laws in the country of delivery.


Article 3 - DELIVERY TERMS


3-1) Deadline
Delivery times depend on the availability of the ordered products (expressed in working days, except on Saturday, Sunday and holidays), in general between 2 to 6 business days after the date of order.
Delivery terms are communicated for informational purposes only; this latter depends on the availability of the ordered products as well as the date at which orders are received.
Any delays in delivery cannot result in any compensation nor justify cancellation of the order. The company refuses to pay damages in case of refusal of the delivered products or a delay.

3-2) Terms and conditions
Orders are transported through the post office service (colissimo) or carried out by private transport firms.
We deliver in Metropolitan France. Delivery fees are the responsibility of the purchaser and are invoiced in supplement of the selling price. The delivery fees are calculated according to the order.
Products can be delivered either directly to the Client, or made available by simple notice, or delivered by a carrier.

3-3) Risks
The risks related to the loss and deterioration of the products sold by our company is transferred to the carrier as soon as she/he receives the merchandise or she/he leaves our premises.
Thus, that merchandise shall travel at the purchaser's risk, with that party being responsible for stating any reservations or instituting any proceedings against the carriers responsible in the event of damage, losses or short shipment.
Be careful, in case the merchandise is returned to the company because you mentioned a wrong address (the postman could not find you) or because you forgot to pick up your parcel at the post office after 15 days, you will have to repay the shipment fee of your order and 2.50 Euros for restocking.
In case you cancel your order, you will be fully repaid. But, you will have to pay the shipping cost and the storage fees. You will pay 1 euro for each item (2.50 Euros as a minimum fee).

3-4) Reception
The buyer needs to check the goods for conformity upon delivery. Complaints relating to apparent defects must be communicated to the seller in writing within 8 days after delivery of the goods. If the buyer fails to respect this time period, the complaints will be disregarded and the buyer will have to pay fully the cost of his order.


Article 4 - RETURN


According to the laws degree L.121-20 of the French consumer code, for any distance selling, the buyer has the right to turn back the product to Fimco for replacement or refund within 7 days after he receives his parcel. If the delay expires on Saturday, Sunday or on a holiday day, the delay is prolonged to the next business day.

In the case of the exercise of his right of withdrawal, the buyer has a choice either to seek refund or exchange the product, except the return and shipping cost will be on his charge.

Any return of merchandise will be through the postal service or a shipping firm within 7 days of delivery date.
The products must be shipped to :

Fimco
410 rue Louis Mouillard
66000 Perpignan
France

Note that the products must be still in their new conditions and sealed (in their original packaging).
The dismissals in “port paid by the addressee “or " against refund "will be refused. If the buyer opens the packaging of the products, damages the products or when their refurbishing is impossible, he will not be refunded and the replacement of the products will be refused.
In case of an abusive return, the company Fimco has the right to refuse future orders.


Article 5 - PRICE OF GOODS


The prices of our products are given in Euros all taxes included (French VAT is 20% included) and they are subject to modification at any time and without a prior notice, knowing that the products ordered will be invoiced at the price in force at the time the order is received.
All orders are invoiced in Euros and must be paid in Euros.


Article 6 - INVOICING


Any purchase of goods will be invoiced and will be issued upon completion of the sale, according to the French trade law L.441-3.


Article 7 - TERMS OF PAYMENT


The payment of the balance, unless on a mutual agreement, will take place on receipt of our supplies, against usual or bank documents.


Article 8 - RETENTION OF TITLE


The goods shall remain the property of the company Fimco until the price has been fully paid and the company Fimco shall be entitled to recover the goods at any time until payment has passed and this whenever is the delivery date.
The risks related to the loss and deterioration of the products sold by our company are transferred to the carrier as soon as she/he receives the merchandise or she/he leaves our premises.
Thus, that merchandise shall travel at the purchaser's risk, with that party being responsible for stating any reservations or instituting any proceedings against the carriers responsible in the event of damage, losses or short shipment.
In the event of damage or of lack, the customer must do any necessary contesting on the delivery order in the two days by letter registered with acknowledgment of delivery to the conveyor and the company. No complaint will be accepted if laying instructions are not followed.


Article 9 - FORCE MAJEURE


Any event or circumstances, the prevention of which is beyond our control (force majeure), shall release us, for the duration of the disruption and to the extent of its impact, from our contractual obligations. Force majeure shall include, but not be limited to, strikes in our company or in one of our suppliers, strikes of the transport firms, natural disasters, industrial disputes, shortages of raw materials and energy, unavoidable interruptions of transport and operations, fire and explosion damages, as well as decrees of higher authority. Force majeure shall also be deemed to apply if the events and circumstances make the execution of the transaction in question uneconomical in the long term or if they relate to our upstream suppliers.
If the events and circumstances persist for more than 30 days, we shall be entitled to rescind the contract. Thus, neither Party having the right to claim the award of any damages or interest.


Article 10 - COURT OF JURISDICTION


Any disputes related to the sales of our company as well as the interpretation of the present general terms and conditions of sale will be settled by the trade court of Perpignan.


Article 11 - THE APPLICABLE LAW


All disputes arising out of or in connection with the present contract will be subject to the French law.