Terms and Conditions of Sale

1Purpose and scope

These Terms and Conditions of Sale govern sales concluded on the www.eurl-agritech.com site between the seller identified in Article 2 and any person making a purchase (the “Customer”), whether a consumer or a business, for delivery to one of the countries listed in Article 7.

The Customer declares that they have read and accepted them before placing an order, by ticking the box provided for this purpose. The applicable Terms and Conditions of Sale are those in force on the date of the order.

2Identity of the seller

Company name

EURL AGRI-TECH MOTOCULTURE

Legal form

SARL with a share capital of 8 000 €

Registered office

Les Croix Rouges, 18390 Saint-Germain-du-Puy, France

Registration

450 870 878 R.C.S. Bourges

SIRET

450 870 878 00029

EU VAT number

FR26450870878

Telephone

+33 2 48 37 21 17

E-mail

contact@eurl-agritech.com

3Products

The essential characteristics of the products (description, technical specifications, new, used or refurbished condition, any commercial guarantee) are presented on each product page. The photographs are as accurate as possible but have no contractual value as regards purely decorative elements.

Offers are valid while stocks last; availability is shown on each product page. Some products are offered on a quote basis only.

4Prices and VAT

Prices are given in euros. Each product has a single price excluding taxes (excl. VAT); the price including all taxes (incl. VAT) depends on the delivery country and is displayed as soon as that country is chosen (site country selector or delivery address). The applicable price is the one displayed at the time the order is confirmed.

• France: prices incl. VAT, French VAT of 20 % included, for private and business customers alike.
• Consumers residing in another European Union country: price excl. VAT plus the VAT of the country of delivery, at the rate in force in that country.
• Businesses established in another European Union country and holding a valid EU VAT number, verified with the European Commission's VIES service: prices excl. VAT, without VAT (reverse charge, article 262 ter I du Code général des impôts). The invoice bears the statement “Autoliquidation” (reverse charge). If no valid number is provided at the time of ordering, the VAT of the country of delivery is applied.
• Switzerland: price excluding VAT plus Swiss VAT at the rate of 8.1 %, included in the price including VAT.
• Norway: price excluding VAT plus Norwegian VAT at the rate of 25 %, included in the price including VAT.

For Switzerland and Norway, the seller completes the customs formalities, pays the local VAT and holds the necessary tax registrations: no duties, taxes or customs clearance fees are charged to the Customer on delivery.

Delivery charges amount to €69.00 per order and are free from €400.00 incl. VAT, in all the countries listed in article 7. The total amount payable, including VAT and delivery charges, is shown before the order is confirmed.

In the event of a price reduction, the struck-through reference price is the lowest price charged during the 30 days preceding the application of the reduction (article L112-1-1 of the French Consumer Code).

5Order

The Customer selects the products, checks the contents of their basket and its total price, enters their details and delivery address, chooses the payment method, then accepts these Terms and Conditions of Sale. The order is validated by clicking the ‘Order with obligation to pay’ button. A summary e-mail confirming that the order has been registered is sent to the Customer. The contract is concluded upon receipt of payment.

The seller reserves the right to refuse or cancel an order in the event of an existing dispute with the Customer, refused payment, a destination not served or an abnormally high quantity in relation to normal use; the Customer is informed of this and, where applicable, refunded.

The data recorded by the seller constitutes proof of transactions. Invoices are archived and accessible in the customer area.

Orders on quotation

Certain products, as well as specific requests (quantities, options, complete equipment), are subject to a free, no-obligation quote, drawn up on the basis of the Customer's request on the website. The quote specifies the price, the delivery charges, the VAT applicable according to the country of delivery, the lead times and its period of validity.

An order on quotation is concluded when the Customer accepts the quote within its period of validity and the deposit has been received. Payment is made by SEPA bank transfer in two instalments: a deposit of 50 % of the amount incl. VAT on ordering, then the balance of 50 % on delivery.

The delivery terms are those of Article 7: €69.00 per order, free delivery from €400.00 incl. VAT, in the 19 countries served. The indicative lead times run from receipt of the deposit. Heavy or bulky equipment is delivered to the foot of the lorry (kerbside); the Customer shall ensure suitable access and the means of unloading.

The other provisions of these Terms and Conditions of Sale apply to orders on quotation, in particular consumers' right of withdrawal (Article 8) and the legal guarantees (Article 9). In the event of withdrawal, the sums paid, including the deposit, are refunded under the conditions set out in Article 8.

6Payment

Payment is due on ordering. Accepted payment methods:

• SEPA bank transfer: bank details are provided at the end of the order and in the confirmation e-mail. The order is prepared upon receipt of the funds. Any bank charges for a transfer made from outside the euro area are borne by the Customer. The Customer shall make the bank transfer and send the proof of transfer by e-mail to contact@eurl-agritech.com within 24 hours of the order; upon receipt of this proof, the order is confirmed. Failing receipt of such proof within this period, the order shall be cancelled.

Orders on quotation: deposit of 50 % of the amount incl. VAT on ordering and balance of 50 % on delivery, by SEPA bank transfer (Article 5).

The products remain the property of the seller until the price has been paid in full (retention of title clause). Risk passes to the consumer Customer when they take physical possession of the products.

7Delivery

Products are delivered by carrier to the address given by the Customer, in the 19 countries below, on the same terms: free delivery on purchases of €400.00 incl. VAT or more, and a charge of €69.00 per order below that amount. No collection on site is offered. The arrangements are detailed on the Delivery page and restated before the order is confirmed.

Any other destination (islands not connected by road, overseas territories, countries not listed) is subject to a prior quotation. For deliveries to Switzerland and Norway, the seller handles the customs formalities, at no additional cost to the Customer (Article 4).

Indicative lead times, in working days (Monday to Friday, excluding public holidays), from receipt of payment: in France, preparation: 1 to 2 working days, then dispatch and transport: 3 to 5 working days; in other countries, preparation: 1 to 2 working days, then dispatch and transport: 5 to 7 working days.

The applicable delivery time is notified to the Customer when the order is confirmed. If no delivery time is indicated, delivery takes place no later than 30 days after the conclusion of the contract (article L216-1 of the French Consumer Code). In the event of delay, the consumer Customer may, after a formal notice that remains without effect, terminate the contract under the conditions set out in articles L216-6 et seq.

8Right of withdrawal (consumer customers)

In accordance with Articles L221-18 et seq. of the French Consumer Code, the consumer Customer has a period of 14 days from receipt of the product (or of the last product in the case of separate delivery) to withdraw, without having to give any reason for the decision or bear any costs other than those provided for below.

This right is granted on the same terms to consumers residing in any of the delivery countries listed in article 7: pursuant to Directive 2011/83/EU for European Union countries, pursuant to Norwegian legislation for Norway and, on a contractual basis, for Switzerland.

To exercise this right, the Customer shall notify their decision by means of an unambiguous statement (e-mail to contact@eurl-agritech.com or letter to the registered office address), specifying the order number. The Customer may use the model withdrawal form below, but is not obliged to do so.

The Customer shall send back or return the product without undue delay and no later than 14 days after communicating their decision, complete, with its accessories and instructions. The direct costs of returning the goods are borne by the Customer, including from abroad. For products which, by their nature (weight, volume), cannot normally be returned by post, the estimated cost of return is provided on request before ordering.

The seller refunds all sums paid, including the initial delivery costs (on the basis of the standard delivery method offered), within 14 days of notification of the withdrawal, using the same means of payment. The refund may be deferred until the product has been recovered or proof of its dispatch has been provided.

The Customer may be held liable for any depreciation of the product resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning (for example using the equipment in the field, filling it with fuel, fitting accessories).

The right of withdrawal does not apply, in particular, to goods made to the Customer's specifications or clearly personalised (article L221-28 of the French Consumer Code), nor to contracts concluded between businesses.

Commercial return

Beyond the statutory withdrawal period and up to day 30 following receipt, the seller accepts, on a commercial basis, the return of new, unused and complete products in their original packaging purchased by a consumer, regardless of the country of delivery. Products made to the Customer's specifications or clearly personalised are excluded.

Return shipping costs are borne by the Customer; for a return from Switzerland or Norway, any customs charges relating to the return are also borne by the Customer. The price of the product is refunded within 14 days of receipt and inspection of the returned product. This commercial return does not replace either the right of withdrawal or the legal guarantees.

9Legal guarantees

Independently of any commercial guarantee, the seller remains bound by the legal guarantee of conformity (articles L217-3 to L217-20 of the French Consumer Code) and by the warranty against latent defects (articles 1641 to 1649 of the French Civil Code).

Legal guarantee of conformity

The consumer has a period of two years from delivery of the goods to invoke the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared (for used goods, this presumption period is twelve months). The legal guarantee of conformity entails an obligation to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and receive a full refund in exchange for return of the goods, if the seller refuses to repair or replace the goods, if repair or replacement of the goods takes place after a period of thirty days, if repair or replacement of the goods causes major inconvenience to the consumer, or if the lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or to terminate the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract; the consumer is then not required to request repair or replacement of the goods first. The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are out of use for the purpose of repair or replacement suspends the remaining guarantee period until the repaired goods are delivered. The rights mentioned above arise from the application of Articles L217-1 to L217-32 of the French Consumer Code.

A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L241-5 of the French Consumer Code).

Warranty against latent defects

The consumer also benefits from the legal warranty against latent defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept or to a full refund in exchange for return of the goods.

Consumers residing outside France

• European Union: the consumer benefits from the legal guarantee of conformity of at least two years provided for by Directive (EU) 2019/771 and, where applicable, from any more protective provisions of the law of their country of habitual residence.
• Norway: the guarantees provided for by Norwegian consumer law apply (Consumer Purchases Act, forbrukerkjøpsloven: a two-year period for making a complaint, extended to five years for goods designed to last considerably longer).
• Switzerland: the warranty provided for by the Swiss Code of Obligations applies (articles 197 et seq.; two-year period from delivery for goods purchased by a consumer, article 210).

10Commercial guarantee and after-sales service

Where a product benefits from a commercial guarantee from the manufacturer, its duration is shown on the product page and its conditions are set out in the documentation supplied with the product. It is in addition to the legal guarantees and does not replace them. The after-sales service can be reached by e-mail, by telephone or via the contact form. See the Guarantees and after-sales service page.

11Provisions applicable to business customers

For Customers acting for professional purposes: the provisions of the French Consumer Code relating to the right of withdrawal and the legal guarantee of conformity do not apply; the warranty against latent defects applies under the conditions of ordinary law. Specific pricing terms are those attached to the validated business account or the accepted quote.

A Business customer established in another Member State of the European Union who requests invoicing without VAT shall provide a valid EU VAT number and guarantees the accuracy of the information provided; the Customer declares the VAT due in their own country (reverse charge). The seller checks this number with the European Commission’s VIES service.

Where deferred payment has been granted in writing, any late payment automatically incurs penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, together with a fixed compensation for recovery costs of €40 (article L441-10 of the French Commercial Code).

The transfer of risk takes place when the products are handed over to the carrier. Any dispute between businesses falls within the jurisdiction of the Tribunal de commerce de Bourges (Commercial Court of Bourges).

12Liability

The seller cannot be held liable for non-performance of the contract in the event of force majeure, an act of a third party or an act of the Customer. The equipment must be used in accordance with its instruction manual and the safety rules in force in the country of use; certain equipment requires training, personal protective equipment, or even certification.

13Personal data

The data collected when ordering is necessary to process the order. Its use and the Customer's rights are described in the privacy policy.

14Mediation, applicable law and language

In the event of any difficulty, the Customer is invited first to contact customer service (contact@eurl-agritech.com, +33 2 48 37 21 17) in order to seek an amicable solution.

In accordance with Articles L611-1 et seq. of the French Consumer Code, the consumer Customer may refer the matter free of charge to the consumer mediator to which the seller is subject, within one year of their written complaint to the seller:

Mediator

CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice

Address

49 rue de Ponthieu, 75008 Paris

Website

www.cm2c.net (new tab)

Consumers residing in another European Union country or in Norway can also obtain free assistance from the European Consumer Centre in their country (ECC-Net network).

These Terms and Conditions of Sale are governed by French law. Where the Customer is a consumer residing in another country, this choice does not deprive them of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence. Failing an amicable settlement, disputes with a consumer fall within the jurisdiction of the courts designated by the applicable rules of jurisdiction (French Code of Civil Procedure, French Consumer Code and, for a consumer residing in another Member State, Regulation (EU) No 1215/2012).

These Terms and Conditions of Sale are drawn up in French. The translations provided on the site are for information only; in the event of any discrepancy, the French version shall prevail.