Conditions applicable from 01.10.2023
PERMA-BATTERIES
General Terms & Conditions of Sale
1. Objects & General provisions:
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Terms and Conditions of Sale (GTC) apply to all sales of Products, whether made and validated through the e-commerce platform of the website www.perma-batteries.com, or by direct negotiation with the PERMA BATTERIES company, and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T & Cs are available on the company's website at the following address: www.perma-batteries.com. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
2. Characteristics of the goods & services offered:
The products offered in the electronic catalog and whose distance selling is governed by these general conditions of sale have the following essential characteristics (non-exhaustive list): equipment and accessories for “ENR” (renewable energies) such as solar panels, electronics power, supervision accessories, accumulators for electrical storage, etc.
In any event, the presentation photos of the products offered in the electronic catalog are not contractual, and cannot engage the seller's responsibility towards the buyer.
Geographical area of coverage of the offer: the offer referred to in these general conditions of sale is limited to metropolitan France and the overseas territories.
Geographic delivery area: the offer referred to in these general conditions of sale is limited to the same area.
Availability of the good or service: the products presented in the electronic catalog and whose remote sale is governed by these general conditions of sale, are available within a manufacturing period specified on the site, as long as the product concerned appears on the electronic catalog.
3. Duration of the offer:
The sales offers contained in the electronic catalog, governed by these general conditions of sale, are valid for any product contained in this catalog as long as it remains online or until stocks are exhausted.
4. Price scales:
The price is indicated for each of the products appearing in the electronic catalog. The price is inclusive of all taxes, except for the cost including VAT related to delivery, the latter varying according to the weight and the exact address which will be communicated to PERMA-BATTERIES by the CUSTOMER during the validation of the order. The price of the batteries guaranteed to the buyer is that appearing in the electronic catalog on the date of the purchase, which is materialized by the acceptance of the offer by the buyer under the conditions referred to in article 6 below. after. Except for the purchase of nickel-iron batteries, for which a deposit of 40% of the order is initially requested, the price must be paid in full when ordering.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases, in particular in the case of importing Nickel-Iron batteries. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
5. Price reductions:
Price reductions and discounts can only take the form of free products or free delivery above a certain threshold, the amount of which is fixed on a discretionary basis on a case-by-case basis by PERMA BATTERIES. The discount will then be mentioned on the invoice and the estimate provided to the customer if necessary.
6. Acceptance of the offer & conclusion of the contract:
Acceptance of the offer by the buyer is materialized by the validation, within the framework of the electronic catalog, by a "click of validation", of all the information which must be completed by the buyer: Name, First name, Delivery address, E-mail. The order placed by the buyer is subject to a written confirmation by e-mail from the seller. This confirmation contains: product designation, quantity ordered, price as well as the terms of
delivery.
To this end, the Customer must follow a series of steps specific to each Product offered by the Seller to be able to place his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable of its options and indication of the essential customer data (identification, address…); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of instructions for payment, and payment of products. ➢ Product delivery.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will also receive a .pdf copy of these general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.
As part of the acceptance of the offer by the buyer without validation on the platform of the online store, a quote drawn up in due form will be sent to the customer, the latter having to sign it and affix the words “read & approved".
7. Retention of title clause:
The products remain the property of the Company until the full payment of the price.
8. Payment:
Regarding Nickel-Iron batteries, the buyer has the option of paying by one of the means offered on the site only 40% deposit when ordering. The differential will only be settled when the batteries are shipped, the logistics provider's shipping slip being proof. The buyer guarantees the seller, when validating his order form, that he is in good standing with the issuer of the payment card. In the case of an order comprising nickel-iron accumulators as well as other components (electronic equipment, solar panels, accessories, etc.) being in stock quickly, the buyer will have to pay the entire order.
Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his bank information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically resolved and the order canceled.
Concerning the rest of the sales catalog and the articles, and insofar as the articles are in stock and available within a period stipulated on the product sheet, the entire amount of the order will be payable.
8.1 Default of payment:
Any failure to pay on due date will have the following consequences:
8.1.1 Late payment penalties & collection costs
In application of article L 441-6 of the French commercial code, late payment penalties are due, without a reminder being necessary, the day following the payment date appearing on the invoice. The interest rate for these penalties is set at three times the legal interest rate in force on the date of maturity. These penalties will be applied per month late and calculated from the initial due date of the unpaid invoice until full payment of the price, any calendar month started being due in full. Any delay in payment will give rise, in addition to the late payment penalties, to the payment of a lump sum compensation for recovery costs the amount of which will be 40 euros (cf. decree n ° 2012-1115 of 02.10.2012). This compensation will be due as of right and without formality by the customer in situation of delay. When the recovery costs will be higher than the amount of the fixed compensation, PERMA BATTERIES reserves the right to request, on supporting documents, additional compensation, in accordance with
Law No. 2012-387 of March 22, 2012.
8.1.2 Criminal clause
In any event, PERMA BATTERIES may require, as a penal clause, the payment by the customer of an indemnity equal to 15% of the amount including tax of the claim, with a minimum flat rate of 300 euros per claim.
8.1.3 Collection costs
The customer must reimburse PERMA BATTERIES for all the costs which have been incurred for the contentious recovery of the sums due (including in particular the fees of lawyers and bailiffs).
9. Termination clause:
In the event of non-payment, forty-eight hours after an unsuccessful formal notice, the sale will be automatically terminated by the seller, who may request summary proceedings for the return of the products without prejudice to any other damages. The amounts remaining due for other deliveries will become immediately payable if the seller does not opt for the resolution of the corresponding orders.
10. Right of withdrawal:
In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs ”.
The period mentioned in the previous paragraph runs from the receipt of the goods ordered. When the period of 15 days expires on a Saturday, a Sunday or a public or non-working day, it is extended until the first working day.
The customer will be reimbursed after receipt by PERMA BATTERIES of the returned product (s) for the amount of the order, the return costs remaining the responsibility of the customer. The company PERMA BATTERIES is available to the customer to help him estimate the amount of return costs for any package weighing more than 30kg.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition.
In the event of damage to the packaging or the product, PERMA BATTERIES may refuse to return it, the
replacement or refund, because the product can no longer be considered new, within the meaning of the law, and can no longer be re-marketed by PERMA BATTERIES as such. In the event of a depreciation of the product resulting from inappropriate handling, the reimbursement of the order will be made with a discount.
11. Guarantees:
In accordance with the law (articles L. 211-4 to L. 211-14 of the Consumer Code) the company PERMA BATTERIES assumes two guarantees: of conformity and relating to the hidden defects of the products.
PERMA BATTERIES reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The reimbursement request must be sent by email to: contact @ perma- batteries.com.
The seller recalls that the consumer:
- has a period of 2 years from the delivery of the property to act with the Seller
- that he can choose between the replacement and the repair of the good subject to the conditions provided for by the article apparently defective or not corresponding to the description.
- that there is no need to prove the existence of the lack of conformity of the good during the six months following the delivery of the good.
- that, except second-hand goods, this period will be increased to 24 months from 18 March 2016
- that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code
and, in this case, he can choose between the resolution of the sale or a reduction in the sale price (provisions of articles 1644 of the Civil Code).
12. Complaints:
If applicable, the Buyer may submit any complaint by contacting the company using the following contact details: [email protected] or by telephone on 0033 (0)9 72 62 84 21.
13. Force majeure:
The fulfillment of the obligations of the seller at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
14. Intellectual property rights:
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is carried out through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
15. Personal information and confidentiality:
In accordance with the “Informatique et Libertés” law, the processing of personal information relating to users has been declared to the Commission Nationale de l’Informatique et Libertés (CNIL). The user has (article 34 of law 78-17 of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him, which he can exercise in writing with PERMA BATTERIES or by email [email protected]. Your name, address and email address will not be made available to other companies. PERMA BATTERIES undertakes to only use them for strictly internal use.
16. Applicable law:
This contract is subject to French law, and in particular to Articles L. 121-16 to L. 121-20 of the Consumer Code.
17. Dispute resolution:
In case of dispute, the buyer will first contact the seller in order to agree on an amicable solution. The Commercial Court of Cahors has sole jurisdiction for any dispute arising from the application of these general conditions of sale.
18. Product returns & exercise of the guarantee:
The PERMA BATTERIES company is not the producer or manufacturer of the products presented, within the meaning of Law n ° 98-389 of May 19, 1998 relating to liability for defective products. Thus, repairs and replacement of products are provided only by their respective manufacturers. PERMA BATTERIES cannot go against the decision of a manufacturer concerning the condition of a product as well as its after-sales service.
If a product seems to present a malfunction or an anomaly, the buyer must first send an email to [email protected] by explaining as precisely as possible the malfunction observed and how to use or install the product (and attaching a diagram and/or clear photos if necessary). PERMA BATTERIES will indicate by return e-mail any checks and manipulations to be carried out and will attach the after-sales service form, to be completed and returned to us if the malfunction persists.
Following the analysis of the information transmitted in the after-sales service file, PERMA BATTERIES will indicate to the purchaser an after-sales service number and whether the product must be returned directly to the manufacturer or supplier. Products must be returned complete (with all parts and accessories) and in their original packaging.
Goods are returned at the expense, risk and peril of the customer: products returned to PERMA BATTERIES without physical protection or poorly protected and which have been damaged during transport, could be refused by PERMA BATTERIES.
Beyond the legal withdrawal period of 14 days, the conditions of the legal and contractual guarantees apply. All products sold on this site benefit from the legal guarantee in accordance with the Consumer Code. In addition to this guarantee, certain products benefit from a contractual guarantee (known as the “Manufacturer’s Guarantee”): the duration of the guarantee is indicated on each product presentation sheet. Detailed warranty conditions are available on request at [email protected]
The prerequisite for any warranty is the condition of the product: any attempt to open, modify or repair by the buyer or a third party will void the warranty and / or a refusal of repair.
18.1 Return costs:
During the legal warranty period of conformity (as defined by the consumer code), the shipping costs are borne by PERMA BATTERIES.
Beyond this period and outside the legal guarantees, when the seller's contractual guarantee applies, the return costs are the responsibility of the customer.
PERMA BATTERIES also reserves the right to invoice the costs inherent in an unjustified return.
19. Scope of responsibility:
PERMA BATTERIES, as a distance selling company on a specialized catalog of solar equipment and accessories for renewable energy systems (conversion electronics, accumulators, etc.) has only an obligation of means and not of result. Thus, the CUSTOMER remains the sole judge of the appropriateness and adapted to his needs and to his consumption of the items that he orders through the company PERMA BATTERIES. It is further understood that only the CUSTOMER is able to conduct an exhaustive audit of his energy needs in order to obtain a most precise estimate when placing his order. PERMA BATTERIES only offers an advisory role, and can in no way take the place of the customer in the precise calculation of the latter's charge and consumption profiles. As a result, PERMA BATTERIES, in its singular and restricted vocation of technical advice to the purchase, is not intended to replace a BET (technical study office) specialized in renewable energies (PV or other). Consequently, the company PERMA BATTERIES can not in any way see its civil and / or criminal liability incurred for use of the items and the solutions offered that is not in accordance with their intended use, and for the damages and prejudices that would result, whether material or intangible.
In addition, the civil and / or criminal liability of PERMA BATTERIES can not be engaged in any way for any inconvenience, injury or bodily injury, material, or immaterial resulting from the implementation or inappropriate use of the material supplied to the customer by PERMA BATTERIES. It is understood that appropriate implementation and use must respect, at a minimum, the rules of the art in terms of electrical installation in accordance with the normative prescriptions of the DTU and the applicable UTE rules in force, as well as good practices. and uses of energy storage systems operating in so-called SELV voltages, while being carried out by a duly qualified professional in the sector (Quali'PV, Quali'ENR) and validated by CONSUEL if applicable (example: auto-control system). consumption with or without storage connected to the EDF network> 3 kWp and / or with battery storage under AFNOR XP C-15-712-3). In addition, the customer is informed that any self-consumption system with storage device (ESS, "Energy Storage System") including a connection point to the RPD must theoretically be the subject of a CACSI agreement, a Consuel visit with technical file SC.144C-2 + single line diagram. In addition, the adequate electrical protections standardized UTE C-15-712-2 applicable to isolated sites must be implemented for any autonomous energy production system not connected to the network with a storage solution, regardless of its power. and its nature (nickel-iron or other). As such, PERMA BATTERIES offers AC / DC protection panels for goods and people in accordance with the aforementioned standard, manufactured by panel builders specializing in electrical engineering for ENR systems (PV, Wind power, or other).
Customers benefit from the guarantees granted by the manufacturers when they are expressly indicated on the product sheets on the site (see the section Guarantees). In addition, the implementation and installation of the equipment by the customer himself and not by a professional have no effect on the applicable manufacturer's guarantees.
19.1 “Self-help” package:
It is understood that the intervention of PERMA-BATTERIES at the customer's home, as part of the self-construction assistance package, is support aimed at supervising the final installation of the system and making the settings for the various materials in order to have a functional system. Thus, the self-construction assistance package only includes:
- Initial commissioning of the system, and includes the software configuration of the hardware and the various interfaces (BMS, batteries, power electronics) - Configuration of the electronics (inverters, regulators) and updating of the firmware.
- Connection on the SELV DC side (power electronics / batteries / PV) and connection of accessories (battery monitor, BMS, gateways, supervision, etc.).
- Checking that the entire system is operating correctly (communication between devices, with the ENEDIS network in the event of hybrid self-consumption).
- Programming and optimization of the advanced functions of the devices if necessary (behavior of the inverter vis-à-vis the grid if applicable, relay activations according to parameters and / or predefined thresholds, load shedding, etc.)
- User training in good security practices and understanding of the system. - Remote monitoring and remote management of the system for 3 months included (Victron VRM Portal / Studer XCOM / Sunny Portal).
The self-help package is billed on a daily basis, which may vary depending on the complexity of the site and the number of days required on site. PERMA-BATTERIES intervention hours are from 8h to 18h. PERMA-BATTERIES will also invoice variable mileage costs depending on the location of the customer.
20. Delivery:
The ordered product is delivered by a specialized carrier to the address appearing on the buyer's order. In the event that the buyer is absent during the delivery of the product ordered from the electronic catalog, it is his responsibility to contact the carrier to organize a new delivery or to collect his order at the depot. In the event of non-compliance of the delivered product with the indications appearing in the order form or damage related to the conditions of transport noted at the time of delivery, the seller undertakes to remedy or reimburse the buyer. A delivery time is indicated on the site. This period is only indicative, and the seller can in no case be held responsible if this period is exceeded. In particular, exceeding this indicative deadline, in particular for reasons of force majeure such as strikes or bad weather preventing deliveries, cannot give rise to any cancellation of the order, to any reduction in the price paid by the buyer. , and no payment for damages.
When delivering a product, the buyer is required to ensure that the product contained in the package is in good condition by opening the package in front of the person making the delivery. If the product or products delivered have the slightest defect, this delivery must be refused. The customer must then mention on the transport receipt specific, significant and complete reservations describing the nature of the loss and the carrier must take back and leave with the incriminated goods. Acceptance, even with reservations, of the delivery of a product means that the product is in working order and the individual accepts it as such. Following this, no request for refund or exchange can be accepted by PERMA BATTERIES. Reservations for damage must be confirmed by the recipient by registered letter with acknowledgment of receipt within 3 days following delivery (Art. L 133-3 of the Commercial Code) to the delivery company (with a copy by e-mail to [email protected]). The words “subject to unpacking”, “subject to inspection” are inadmissible even if they are accompanied by registered mail within the allotted time. Only specific reservations are valid.
21. Delivery of Ni-Fe batteries:
Details are provided here concerning the specific case of purchasing Nickel-Iron batteries through the company PERMA BATTERIES. The seller, as part of the distance selling activity, has the obligation to take charge of the entire logistics process of transporting the batteries from the production plant (outside the EU), until France, by suitable and diligent means. Thus, the maritime transport of such goods classified UN2795 Class 8, is the subject of a specific insurance policy provided by the CPIC insurance company, or any other appropriate insurance company, and electronically signed by the seller, thus guaranteeing the market value of the imported good on behalf of the end customer.
It is agreed that the price including VAT of a Nickel-Iron battery park includes all the logistics costs of logistics providers operating on behalf of PERMA BATTERIES, as well as all taxes and customs duties specific to the nature of the imported goods, codified by the ADR code 8507400000, and imposed by the French state at the time of arrival on French soil. The rates of taxes and duties levied are subject to change at any time depending on changes in legislation. They are typically broken down as follows:
- Shipping costs
- Charges on arrival
- File fees
- Intervention and import customs formalities
- IT management of customs
- Customs clearance (according to IMA)
- Credit management and movements
- Transport to the customer's final address
- Diesel overload
It is agreed that the average delivery time for a fleet of Nickel-Iron batteries is around 3 months (usually including 2 months of manufacture, and 1 month of maritime transport), except in cases of force majeure described in the policy. insurance taken out on behalf of PERMA BATTERIES when the goods are dispatched.
In the event of an event delaying delivery, PERMA BATTERIES will inform the seller as quickly as possible of the new consequent delivery date. It is understood and accepted by the buyer that in no way the company PERMA BATTERIES can be held to pay any damages which would be consecutive to a delay in delivery, attributable to the maritime forwarder and / or to the various logistic partners intervening in the logistics chain for transporting goods. In addition, the seller undertakes to act diligently and to use all the means at his disposal to ensure that the deadlines are met and that the good procedures for importing goods from outside the EAEU are respected, in particular 'relying exclusively on professionals specializing in sea freight and customs clearance.
22. Proof:
In the event of a dispute, the parties agree to consider the fax and e-mail as an original document constituting perfect proof and renounce to contest this means of proof.