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Terms of Service Byzancia

Update on 03/06/2016

Byzancia , a subsidiary of the INNOV8 group, is a leading new-generation integrated telecom distributor, specialised in distributing smartphones, connected objects and fashionable mobile accessories of major manufacturers.

 

1. PURPOSE

The General Terms of Sale set forth hereafter specify the rights and obligations of Byzancia and its customer acting as a professional (hereafter the “Purchaser”) in relation to the sale of the goods.

 

2. APPLICATION AND ENFORCEABILITY OF THE GENERAL TERMS OF SALE

Any order placed by the Purchaser or any business deed between Byzancia and the Purchaser, formalised or not by a written agreement, is governed by the General Terms of Sale in force upon placing the order, and which are exclusively applicable.

Consequently, any contradictory term put forward by the Purchaser, regardless of the time or medium (general terms of purchase, letters, orders, etc.), will not be binding on Byzancia , unless it has been formally accepted in writing and signed by Byzancia prior to the order.

 

Similarly, in the event of contradiction between various documents issued by Byzancia and containing some general terms or conditions of sale, only the General Terms of Sale in force on the date of the order will apply to the above-mentioned order.

 

3. ORGANISATION OF THE SALE

Byzancia is a buyer specialised in telecommunications appliances and accessories from leading manufacturers on the market .

In addition to the sale of the goods, Byzancia offers specific logistics services to the Purchaser.

Indeed, in order to ensure a rapid processing of the orders and the Purchasers’ satisfaction, Byzancia has developed an in-depth experience of the logistics involved between its suppliers, the Purchasers and the Purchasers’ customers (sub-purchasers / end customers). The implementation of this reliable and completely optimised logistics chain enables to limit the uncertainties related to deliveries and transfers of superfluous loads. This approach, both economical and ecological, explains the essential position held byByzancia in the distribution of IT products.

The products are sent directly to the Purchaser’s customers.

They are delivered in accordance with Incoterms® 2010 DAP to the end-customer’s home address. The Purchaser is exclusively responsible for the formalities to be completed, and the duties or taxes to be paid.

In particular, in the European Union, the Purchaser must perform the declarative formalities and pay the duties and taxes related to its acquisition.

 

4. ORDER

The orders are placed digitally on the http://www.byzancia.com website.

All orders are subject to their full payment, which is owed upon placing the order. The products ordered are sent as soon as the payment has been secured (24 hour-delay).

No amendment or cancellation of orders may be accepted by Byzancia .

 

5. DELIVERY

 

5.1. Delivery of the products

Byzancia is in charge of organising the transport of the products ordered until the delivery point agreed with the Purchaser.

Unless otherwise stipulated, the delivery is made in accordance with the Incoterms® 2010 DAP to the home address of the sub-purchaser / end-customer. The delivery point corresponds to the place of residence indicated by the sub-purchaser / end-customer to the Purchaser.

Upon the order, the Purchaser selects the carrier that it deems as the most appropriate for its customer’s requirements, and supplies the information required for the delivery (in particular regarding the surname, first name, postal address, e-mail address and telephone number of the sub-purchaser). The Purchaser is responsible for the reliability of the data provided for the implementation of the logistics service.

The deliveries are made subject to availability.Byzancia may in particular make partial deliveries.

Upon the order, the date of delivery that may be agreed with the Purchaser is given purely for information purposes, considering, in particular, Byzancia ’s supply constraints in relation to its suppliers and any stock unavailability of certain products with the said suppliers.

 

5.2. Transfer of risks – Transfer of ownership

Byzancia bears the cost of the transport of the goods until the place of delivery agreed with the Purchaser.

When the Purchaser is the recipient of the goods, the latter accepts to cover their unloading.

The transfer of risks takes place when the goods are made available to the Purchaser on the means of transport or made available to the sub-purchaser in the event of direct delivery to the latter.

The transfer of ownership of the goods to the Purchaser coincides with the transfer of risks, upon making the goods available to the Purchaser or sub-purchaser.

 

5.3. Taxes

The prices indicated do not include taxes.

The Purchaser undertakes to complete the acquisition formalities and to settle the duties and taxes with the relevant local tax authorities.

 

5.4. Reservations on delivery: damaged or missing goods, compliance with the order

The Purchaser, through the sub-purchaser, is responsible for issuing any reservations upon delivery.

In this respect, it is required to check upon the delivery, in the presence of the delivery person, that the goods received comply in quality and quantity with the delivery form included in the parcels delivered.

In the event of any abnormality regarding the delivery (damaged or missing goods, damaged parcel, broken products, damaged boxes …), the Purchaser is responsible for sending photographs toByzancia (except in the case of missing goods) in order to demonstrate the abnormality observed, and to set forth any delivery reservations on the transport documents, in the presence of the delivery person. These reservations must be written, legible and signed by the Purchaser/sub-purchaser: they must stipulate the parcel reference, quantities and references of the products, precise state of the defectiveness of the parcel and products in question.

These delivery reservations must be confirmed by registered letter with confirmation of receipt sent to the carrier, within three (3) days following receipt of the products (article L.133-3 of the French Code de commerce).

Within a period of three (3) days following receipt of the products, the Purchaser sends its written reservations to Byzancia by email (to the address: contact@byzancia.com), along with a copy of the registered letter with confirmation of receipt sent to the carrier and the photographs of the defect.

In the event of failure to notify the said reservations upon delivery to the carrier and to Byzancia within the required period, the Purchaser may not claim any compensation or damages from Byzancia for any reason whatsoever.

When the notification of reservations is implemented in accordance with the terms of this article (in particular as regards the three-day period and the photographs), when it is accompanied by a copy of the purchase invoice of the products in question and when it is based on fair grounds, Byzancia issues a returns form.

 

5.5 Return of goods damaged during transport

Any returned Product must be the subject of prior consent by Byzancia formalised by sending a returns form including a returns number.

The return must be made to Byzancia within a maximum period of 15 days after receipt of the returns form. The returns number must be clearly indicated on the returned parcel, and the returns form must be placed inside the parcel. The returned products must not have been used, they must be in perfect condition, and their accessories and instructions for use must be returned in the original packaging. The cost and risk of return are borne by the Purchaser.

Returned products that do not respect these conditions (absence of returns consent, poor condition of the goods...) will not enable the issue of a credit-note, and the Purchaser must deal with collecting them within a maximum period of 15 days. The invoice related to the said products remains however due by the Purchaser.

 

5.6 Unsold goods

No unsold goods will be taken back by Byzancia , including in the event of use of a right of withdrawal by the Purchaser’s sub-purchaser.

 

6. PRICES AND PAYMENT TERMS

 

6.1. Prices

Unless otherwise stipulated, the prices indicated are in Euros (€) and do not include taxes. The price applicable is that in force uponByzancia accepting the order, in accordance with Byzancia ’s Associated Pricing Terms.

 

6.2. Invoicing – Payment terms

 

The Purchaser agrees to receive invoices sent electronically.

In the event of invoicing without receipt of goods, or error in the invoice information (address, names, prices …), the Purchaser is responsible for sending all claims by email to Byzancia , at the address contact@byzancia.com within a period of ten (10) days as from the date of issue of the invoice.

Otherwise, Byzancia will be relieved from any obligation in relation to the Purchaser and the products will be deemed to have been delivered in accordance with the order. The invoicing will also be deemed as complying with the order.

 

6.2.1. Payment terms

The invoices issued by Byzancia are payable toByzancia by bank transfer or card (secure payment using 3D Secure system).

In the event that the date of payment is not a banking day, the payment will be made on the first banking day prior to this payment deadline.

The fact that the Purchaser provides a deed deemed as an obligation to pay will not constitute a payment. For the application of this article, the payment is deemed to have been made on the date on which the whole price (principal and accessory amounts) is credited on Byzancia ’s bank account, excluding consideration of any banking value dates.

No discount is granted to the Purchaser for early payment.

 

6.2.2. Late payment and penalties

A late payment is defined as a payment that takes place after the payment deadline indicated on the invoice.

In the event of late payment, Byzancia will apply a penalty equal to the refinancing rate of the ECB increased by 10%. This interest is accrued from the due date until full payment of the debt, and will be fully payable without any formal notice being required.

In addition to this balance, the debtor will be liable for a fixed indemnity for debt collection costs equal to 20% of the remaining unpaid debt; this may not be lower than forty (40) Euros. This indemnity is owed in full, without prior formal notice, due to the simple fact of failing to respect the payment deadline.

Furthermore, in the event of late payment or partial payment and until settlement of the amounts owed, Byzancia may, firstly, suspend all orders in progress and, secondly, claim the immediate payability of all amounts that may be owed for other deliveries (or for any other reason).

 

7. WARRANTY – LIABILITY

 

7.1. The products marketed by Byzancia benefit from a warranty against any compliance or manufacturing defect, as from the date of delivery, for a period that varies depending on the type of product in question, according to the terms and conditions defined by the manufacturers and listed on the https://www.byzancia.com website.

 

7.2.  Byzancia does not provide any after-sales service, including for compliance defects or for hidden defects.

However, Byzancia provides the Purchaser, on the https://www.byzancia.com website, with information regarding the conditions of warranty and after-sales services granted by the manufacturers of the products.

Byzancia does not supply spare parts for the products.

Certain products may be subject to the supply of spare parts by their manufacturers in accordance with the conditions stipulated by the latter and available, where appropriate, on the https://www.byzancia.com website.

By placing its orders, the Purchaser acknowledges full awareness of the products’ characteristics and more particularly, the warranty and after-sales service conditions related to the products.

 

7.3. In the event that Byzancia ’s liability may be incurred in relation to the performance of the General Terms of Sale and proved by a final court ruling, Byzancia will only bear the cost of the direct material damage, within a limit of an amount of thirty thousand Euros (€30,000) per year and per Purchaser, for all damage combined.

Byzancia will not be held liable, in any way whatsoever, for indirect and/or consequential damage such as, in particular, financial and commercial prejudices, loss of operation, turnover, activity, income, margin, clientele or brand image depreciation.

 

7.4. The Purchaser is fully and completely responsible for respecting the provisions related to displaying the Specific Absorption Rate (SAR) and the recommended use of the accessory enabling to limit exposure of the head to radio-electric emissions during communications. In this respect, the Purchaser undertakes to ensure strict application of article 184 of the Grenelle 2 law of 12th July 2010, along with articles 1 and 2 of the order of 12th October 2010 related to displaying specific absorption rates of radio-electrical terminal equipment.

 

7.5.Byzancia ’s liability may not be incurred in any event due to the relation between the Purchaser and its customer (sub-purchaser/end customer), in particular as regards the tax treatment applied by the Purchaser when reselling the products to the sub-purchaser / end customer.

 

8. INTELLECTUAL PROPERTY

The Purchaser has no right, of any kind whatsoever, on the trademarks, logos and/or any other distinguishing feature used or that may be used by Byzancia and/or the manufacturers and/or the other partners.

Consequently, the Purchaser undertakes in particular not to associate, directly or indirectly, the above-mentioned trademarks, logos and/or any other distinguishing feature with its own trademark, brand name, commercial name or any other distinguishing feature, in a way that may mislead the consumer or any third party regarding the ownership of the above-mentioned trademarks, logos and/or any other distinguishing feature.

Furthermore, the Purchaser hereby undertakes to respect the graphic charters and brand identity, when using the trademarks, logos and/or any other distinguishing feature.

The Purchaser undertakes to inform Byzancia immediately of any copy, infringement or deed of unfair competition of which it may be aware, that may cause any prejudice whatsoever to the rights and/or interests of Byzancia and/or the manufacturers and/or other partners.

 

9. APPLICABLE LAW AND JURISDICTION

These terms and any business deed between Byzancia and any person are subject exclusively to French law.

The commercial court in Paris (Tribunal de commerce de Paris) will have exclusive jurisdiction. However, Byzancia may, as decided by it, also bring action against the Purchaser before the court within the competence of which the latter has its address.