Pro customer aera
Designed to allow access to information that is quick and easy to retrieve, whatever the day or time it is required, the PRO space is a space dedicated to Pilots and Partners of the myO – myOpenspace brand in order to update a technical and commercial “toolbox” at their disposal.
A real marketing support, this information aims to help its members promote their know-how and enhance their expertise.
Members of the PRO customer area
These General Terms and Conditions of Use (GTCU) govern the conditions of use of documents and visuals made available to its members. They must therefore be known and respected by the member company or any service provider company that will use them.
When connecting to the PRO Space, members therefore accept compliance with these General Conditions of Use (CGU).
In the event of a breach of this commitment, the company HOYEZ SAS will be entitled to request the total removal of the photos used and all commercial publications produced on behalf of the member company. It may also unsubscribe the said company from the PRO Space for non-compliance with the General Conditions of Use (CGU).
Downloading documentation
Once downloaded, the documents made available must be used for commercial purposes and under no circumstances be distributed to a competing manufacturer.
Downloading visuals and logos
The images made available are in 72 dpi. They are suitable for illustrating files, presentations or for the web. Once the visuals and/or logo have been downloaded, the member undertakes to the following points:
– For any use of a visual provided, the member undertakes to mention in the obligatory photo credit for each use: “myO – myOpenspace – Non-contractual photos ” and to ensure that any comments or captions accompanying the reproduction or the representation of these photos do not harm the reputation of the company HOYEZ SAS, nor the myO – myOpenspace brand.
– For any use of the myO – myOpenspace brand, the member undertakes to respect the graphic charter and the color code assigned to it.
These obligations must also be respected for the use of the visuals/logo by any external service providers to whom the member company could call.
Terms of Sales
Our sales are subject to these general conditions which take precedence over any purchase condition unless there is an express formal exemption on our part.
Any order placed with us automatically implies acceptance by the buyer of our general conditions of sale and waiver by him of his own general and specific conditions of purchase.
Any waiver on our part of one or more of these clauses has no impact on the validity of the other clauses.
1 – PRICE
- Our price proposals only bind us to the extent that the conditions set by the regulations in force remain unchanged from the point of view of materials, salaries, taxes, etc.
- The prices are those indicated in the order confirmation, they are ex-factory unless otherwise indicated.
- Our offers are only valid for a maximum period of one month and only bind us after we have confirmed in writing the order sent by the buyer.
2 – DEADLINE
- Unless expressly accepted in writing by us, no penalty clause for late payment or damages for delay will be accepted.
- Additional supplies or work, not provided for in the contract and requested by the customer or his representative, will involve new deadlines without prejudice to the increase in time which could result for the execution of the contractual market.
- Our delivery times are given for information purposes only.
- If the goods are not delivered within one month from the date fixed on the order confirmation, the buyer may take advantage of this delay to request termination of the sale, to the exclusion of all damages. and interests. To do this, the buyer must send, within 15 days of the expiration of the period stipulated above, a registered letter with acknowledgment of receipt notifying our company of his wish to terminate the contract if the goods are not were not delivered within 15 days of notification.
- Cases of force majeure such as mobilizations, wars, epidemics, floods, fires, strikes, transport shortages, accidents lead to the total or partial shutdown of our installations, authorize us to suspend or cancel current contracts or to delay the execution of orders without the buyer being able to claim compensation for any damage in this regard.
3 – TRANSPORT
It is recalled that whatever the shipping method, the risks of loss and deterioration of the goods sold are the responsibility of the buyer as soon as we have handed over the goods to the carrier, this discount being equivalent to delivery, notwithstanding any clause of free and retention of title; the same applies to damage caused by products.
In the event of loss or damage, the recipient must make written and precise reservations to the carrier upon arrival of the products, and confirm them within 72 hours by registered letter addressed to this carrier, a copy of this letter in front of us be transmitted.
4 – LIMITATION OF WARRANTY AND CLAIMS
- The buyer is required to check, upon receipt, whether the goods delivered are compliant and free from any apparent defects and to notify us of his complaint within 3 days following receipt of the goods by registered letter with request for notice of reception. In the absence of notification within these deadlines, we consider that the buyer has accepted the goods in their entirety.
- The equipment supplied and installed by us is guaranteed for one year, biennial or ten years, from delivery, depending on whether they are mobile cells, capital goods or real estate. This guarantee can only result in the repair or replacement of parts recognized as defective without any other obligations arising. The warranty is excluded if the operating defect results from an intervention on the item carried out without our approval, or comes from normal wear and tear of the item, or results from a lack of maintenance or use of the item.
myOpenspace brand products manufactured by HOYEZ SAS benefit from a five-year warranty against any manufacturing defect. Mechanical or electrical wearing parts and consumables are excluded from the warranty. Example (light bulbs, fans, locks, etc.). By express agreement, the products must be installed by professionals using and respecting the technical instructions provided by the Manufacturer. The liability of the Manufacturer is excluded:
– for defects arising from a specific design carried out by the Customer.
– for defects which result in whole or in part from normal wear and tear, damage or accidents attributable to the Customer or a third party.
– in the event of modification, in the event of lack of maintenance or abnormal use of products in contraindication to the recommendations or recommendations of the Manufacturer.
To enforce the warranty, the customer must provide a copy of the delivery note, describe in writing the imperfections noted, if possible support this description with photos and send the various parts by registered mail to Société HOYEZ SAS Service Qualité, 121 rue du black standing – 59242 Cappelle en Pevele
- In all other cases, our liability will be governed by the legislative provisions in force. However, in our relations with professionals, the guarantee for hidden defects will be limited, at our choice, to the free replacement of defective elements or the reimbursement of the price paid, to the exclusion of all damages and interest.
- No returns will be accepted without the express prior agreement of our company.
5 – REGULATIONS
- By bank check upon ordering for any first order not exceeding €750 excluding VAT For any first order exceeding €750 excluding VAT, a deposit of 30 p. 100 of the market value will be payable by check before production. The balance will be payable 30 days from the end of the month.
- For any order involving assembly, a deposit of 30 p. 100 of the market value will be payable by check before production.
- Any customer will have the possibility of deducting 1 p. 100 discount on the amount of an invoice, if payment – by check – occurs within 15 clear days from the date of issue of the invoice, the postmark being taken as proof. A corresponding credit will then be sent to him upon receipt of payment.
- Non-payment, even partial, of our supplies on the initially scheduled payment date will result in the immediate payment of all sums due and all current invoices, even if they have given rise to drafts. Non-payment, even partial, of our supplies on the initially scheduled payment date will result in the immediate payment of all sums due and all current invoices, even if they have given rise to drafts. Starting point for interest: the day following the payment date indicated on the invoice. The rate applicable during the first half of the year concerned is the rate in effect on January 1 of the year in question. For the second half of the year in question, it is the rate in force on July 1 of the year in question. Interruption of the course of interest: the course of interest is interrupted by receipt of payment of the capital. Calculation: interest will be applied to the total amount remaining due for its value excluding taxes. If the amount remaining due is subject to VAT, the late payment interest will itself be subject to VAT.
- In addition to this late payment interest, a fixed compensation of €40 will be added for recovery costs. This fixed compensation is due automatically, by invoice, from the day after the due date of the invoice. This compensation is not subject to VAT.
- In the event of extension of the draft, late payment interest will also be payable by the buyer (see art 5.4).
- As a penalty clause, the buyer will be liable for late payment of a lump sum of 10 p. 100 of the amounts due with a minimum of €38.50.
- Following a delay in payment, the seller reserves the right to modify the conditions of payment and discounts previously granted to the retailer buyer.
- Lorsque le vendeur a des doutes sérieux quant à la solvabilité de l’acheteur, ou lorsque l’acheteur s’abstient de fournir les garanties demandées, le vendeur a le droit d’exiger le paiement préalable de toute livraison et/ou de suspendre la livraison des
marchandises.
6 – RESERVATION OF OWNERSHIP
- The parties expressly agree that this sale will only be completed after payment of the entire price: until this date, the equipment sold will remain the property of the seller. The delivery of a document creating an obligation to pay (draft, etc.) does not constitute payment within the meaning of this clause.
- In the absence of payment by the buyer on the settlement date initially scheduled, this sale will be automatically canceled if the seller sees fit, who will be able to obtain the return of the equipment sold by simple interim order issued by the President of the court. of Commerce of Lille to which the parties attribute jurisdiction.
- We reserve the right to appoint an expert who will be responsible for assessing the condition of the returned equipment and determining its value.
7 – ATTRIBUTION OF JURISDICTION
In the event of a dispute or dispute, of whatever nature, the Court of Lille Métropole has sole jurisdiction, even in summary proceedings, in the event of a warranty call or multiple defendants or plaintiffs. If the customer is foreign, and whatever the place of delivery, all disputes arising from the order will be settled definitively according to French law.
8 – REGISTER OF PRODUCERS:
As a manufacturer, myO is a member of the Valdelia sector, and as such has a registration number pursuant to article L.541-10 of the environmental code: FR035157_10UW2H