General Terms and Conditions of Sale
The following terms and conditions of sale apply to the purchase of products and/or services sold on the 'Linutop' internet web site and are concluded between the Linutop SAS 'Linutop' and the 'Customer'
These terms and conditions are here to define the contractual relationships between Linutop and the Customer. By placing an order on Linutop, the Customer agrees to purchase the products and/or services under the present terms and conditions and to fully accept them.Linutop, on the other hand, also assumes full acceptance of its obligations.
These terms and conditions prevail over any other general or particular terms and conditions if they have not been agreed to prior by Linutop.
Linutop reserves the right, at any time, to modify these terms and conditions. In case of modifications,conditions applied will be those in force on the date of the placement of the order by the Customer.
Characteristics of goods and services:
Products and services that are availablefor purchase are those which are shown on the online catalogue at www.linutop.com. Products and services are subject to stock availability. Photographs are for the sole purpose of giving a description of the goods and have no contractual value.
Prices that appear on the catalogue are stated in € (euros) excluding French VAT (19.6%). Any change in the VAT rate can be passed down to the product and/or service.
Linutop reserves the right to change its prices at any time.However, the applicable price for the Customer is the one on the website on the day of the order.
Prices that are shown when viewing the basket, include all costs inclusive of ordering, transportation and delivery expenseswithin the limit of the Geographic zones described underneath.
3. Geographic Zones
Online sales of products, services and /or software on the www.Linutop.com site are available worldwide.
When ordering, the Customer must have full legal capacity to accept the terms and conditions and thus execute the present contract.The Customer who intends to buy a product or service must:
- identify himself, by providing the details requested, or provide (if he has one) the Customer login details
- fill the on line order form by giving all the references of the chosen products or services
validate the order after having checked it
- carry out the payment under the specified conditions
- confirm the order and payment
The order will only be confirmed when the Customer has clicked, in accordance with the French law on confidence in the numerical economy of June 21st, 2004, the first time to make the order and the second time to confirm it.
Confirmation of the order involves full acceptance of the present terms and conditions, recognition of having full knowledge of them and relinquishment of one's own conditions of purchase or any other condition.
All data provided and the recorded order confirmation will constitute the proof of the transaction. The order confirmation will be the equivalent of a signature and will signify acceptance of the operations executed.
Linutop will communicate by email to theCustomer that the order has been made.
Customers can benefit from a 7 day satisfaction or money back guarantee policy (7 days from the date of delivery) however excluding the cost of postage, transport and insurance.
Linutop will exchange or refund products, within 30 days of when the goods have been delivered to the customer.
Products must be returned in perfect condition for resale, in their original packaging, along with all paperwork regarding the order, a copy of the proof of delivery and delivery date, and a copy of the invoice. Linutop reserves the right to return any incomplete parcels to the customer.
For the reimbursement procedure when paying with Paypal, please refer to article 6.
Over the 7 day limit, no reimbursement will be accepted even if the Customer has proceeded, at his own cost, to the return of the merchandise.Acceptance by Linutop of this return cannot in any way be interpreted as an obligation to product refund.
The contract with the Customer only begins when Linutop has confirmed acceptance of the offer.An order will not take place (and will not be considered as having been accepted) until it has been validated and payment confirmed. In the case of payment refusal, the order will automatically be cancelled and the Customer will be informed by mail.
Payments will be carried out by:
- Bank transfer in which case the order number neds to be added in the heading.
Order will only begin to be processed after full payment.
7. Transaction security
When paying on line with the securely processed Paypal system, Linutop does not receive any copy of the credit card number used, this number staying confindential between Paypal and the Customer.
Products are delivered to the address specified on the order form.
Once products have left the Linutop facility, risks are transferred to the Customer. In the event of any damage during transportation, complaints should be made to the delivery company
In the event of unforeseen and fortuitous events or causes beyond control (strikes, floods, fires, etc) Linutop is not responsible for delays in delivery.
Delivered products remain under the property of Linutop until complete payment has been made by the client and received by Linutop.
9. Product availability
Delivery of goods is subject to stock availability. If Linutop is unable to satisfy Customer order due to insufficient stock, the Customer will be immediately informed by mail.
All products supplied by Linutop benefit from legal warranties considered and covered by articles 1641 and following by the French civil code.
The beginning of the warranty starts on the delivery day at the delivery address given by the Customer to Linutop or the delivery company.
Invoice, all labels on all the peices are necessary to exercice the warranty. The packagingmust be kept in a perfect state
Repairs needed will not prolong the warranty life.
The costs of returning material back to the customer will be charged to the Customer if the material is not seen as faulty.
The warranty does not cover and Linutop is not responsible for the breakdown or damage of products resulting from the following:
- storage without protection or for a long period.
- neglect, mistake in connection or manipulation, maintenance and use of equipment in a matter not corresponding to techncial specifications of the seller or manufacturer or, more generally, a miss-use.
- any modification or mechanical, electrical, electric or other transformation brought to the equipment or connection apparatus by a third party.
11. Complaints and After Sales Services
All complaints that relate to delivered goods must be formulated through the Customer account within 48h after delivery.
Goods can only be returned with prior approval by Linutop and with a Return Merchandise Authorization number (RMA). The Approval for return will be provided to the Customer by mail after the opening of the After Service file.
Any product that arrives damaged or without a Return Merchandise Authorization number will be refused.
The costs and risks relating to the return of a product are the responsibility of the Customer.
Linutop, is only held under an obligation of means. It cannot be held responsible for a damage resulting from the Internet network such as loss of data, intrusion, virus, breakage in the service, or other involuntary problem.
13. Intellectual property
All elements on the Linutop website are the exclusive property of Linutop. No one is authorized to copy,operate, circulate or use in any way any element of the site. Any simple link or hypertext is strictly forbidden, unless a written agreement from Linutop has been issued.
14. Personal details - GDPR
According to the French law of January 6, 1978, information regarding the name of the Customer can be subjected to an automated treatment. Linutop reserves the right to collect information from Customers. Newsletters are only sent to those who are registered at Linutop, Customers can unsubscribe from the Newsletters. Customers can decide to hide their details by notifying Linutop, and can arrange with Linutop to lay out a right of access and to adjust details concerning them.
15. Storage - Proof
Linutop will store all product orders and all invoices on a reliable and long-lasting support system constituting of a separate solid copy in order to meet the provisions set out in article 134-28 of the French consumer code. Computerized registers of Linutop are considered between the parties as proof of communications, orders, payments and transactions.
16. Litigation rules
Present online sale terms and conditions of sale are subject to French law. The application of the Convention of Vienna on the allocation of international goods is specifically isolated.
111 Avenue Victor Hugo 75784 Paris cedex 16
SIRET: 493 023 543 00017
TVA EUROPE: FR91493023543