Terms and Conditions of Sale
Last update: March 2022
The www.telenco-store.com Platform is dedicated to the sale of equipment products in the telecoms, electricity, energy etc. sector (hereinafter referred to as "the Products"). Through the Platform, professional sellers (hereinafter "the Sellers") can offer their Products to professional customers (hereinafter "the Customers").
These Terms and Conditions of Sale govern the purchase of Products offered by the Seller to the Customer (hereinafter collectively referred to as "the Parties"), via the Platform - in the event of a gap, absence or contradiction in the Seller's Terms and Conditions of Sale.
1. DEFINITIONS
The terms used below have the following meaning in these Platform Terms and Conditions of Sale:
Customers: refers to any natural or legal person who is a professional, accessing the Platform and placing an Order for Products with a Seller.
Account: refers to the interface enabling Users to access their personal space and manage their activity on the Platform. Access to the Account is via a login and password.
Order: refers to the purchase of any Product from a Seller by a Customer via the Platform.
General Conditions of Use or GCU: refers to the contractual conditions governing the use of the Platform by any User and detailing the terms and conditions of the Operator's intervention.
General Terms of Service or GTS: refers to the contractual terms governing the provision of Platform Services by the Operator to Sellers.
Platform Terms and Conditions of Sale: means the Terms and Conditions of Sale applicable to the sale of any Product via the Platform and supplementing, where applicable (in the event of a gap or contradiction) the Seller's Specific Terms and Conditions of Sale.
Sales Contract: means the contractual package which ultimately governs the sale of the Product via the Platform. The Sales Contract is made up of the Product File and the Seller's General Terms and Conditions of Sale, which may be supplemented or even replaced by the Platform's Terms and Conditions of Sale. In the event of a gap, absence or contradiction between the two documents, the Platform Terms and Conditions shall take precedence.
Seller's GTCS: means the contractual package which ultimately governs the sale of the Product via the Platform. The Sales Contract is made up of the Product File and the Seller's GCS, which may be supplemented or even replaced by the Platform's Terms and Conditions of Sale. In the event of a gap, absence or contradiction between the two documents, the Platform's Terms and Conditions of Sale shall take precedence.
Content: means all information, text, logos, trademarks, animations, drawings and models, photographs, data and, in general, all elements and content of the Seller published on the Platform in accordance with the terms, form and conditions offered as part of the Services.
Identifiers: refers to the email address of the Customer or Seller and the password generated by them, required to access their Account or Back-Office on the Platform.
Operator: refers to the company that manages the Platform and puts the Parties in contact with each other, which in this case is TELENCO, a simplified joint stock company with a single shareholder, registered in the Grenoble Trade and Companies Register under number 529 567 018, and whose registered office is located at ZA VALMORGE, 38430 Moirans.
Platform: refers to the website accessible at www.telenco-store.com. The Platform includes all the web pages, services and functions offered to Users.
Parties: refers jointly to the Customers and the Sellers.
Payment Service Provider or PSP: means the company, holding a banking licence, providing, through the Operator, payment services to Sellers to enable them to collect payments from Customers. The Operator's Payment Service Provider is WEBHELP PAYMENT SERVICES, a simplified joint stock company, with capital of 3,968,100 euros, registered in the Chambéry Trade and Companies Register under number 330 423 815, whose registered office is located at 450 rue Félix Esclangon - BP 22 / 73291 La Motte Servolex CEDEX and approved as a Payment Institution by the ACPR under number 16518.
Product: refers to the equipment products in the telecoms, electricity, energy, etc. sectors offered by Sellers on the Platform.
Services: refers to the various services provided by the Operator to Sellers, including in particular their listing on the Platform, contact with Customers, Payment Services, etc.
User: refers to any person accessing and browsing the Platform, whether a Seller, Customer, or ordinary Internet user.
Seller: means any Seller who has subscribed to the Services offered by the Operator on the Platform.
2. PURPOSE
These Commercial Terms of the Platform are proposed in order to harmonise the commercial policy applicable to the sale of Products by the Seller on the Platform.
The Product Sales Contract consists of :
- The Product Sheet;
- The Seller's General Terms and Conditions;
- These Commercial Terms and Conditions
In the event of any absence, omission or contradiction in the Seller's General Terms and Conditions of Sale, these General Commercial Terms and Conditions shall take precedence. These documents shall prevail in the following order: Product Sheet, Platform Terms and Conditions of Sale and finally the Seller's Terms and Conditions of Sale.
3. ACCEPTANCE OF THE COMMERCIAL TERMS
The latest version of the Terms and Conditions of Sale shall apply to all new Orders.
All Orders imply unreserved acceptance of the Seller's General Terms and Conditions of Sale and of these Platform Terms and Conditions of Sale.
The Customer may consult these Platform Terms and Conditions of Sale when placing an Order for a Product with the Seller. They must be consulted and expressly accepted before any Order is placed.
The Customer is invited to read these Platform Terms and Conditions of Sale carefully, print them out and keep a copy.
4. CUSTOMER INFORMATION
In accordance with the provisions of the GCU, which can be accessed at the following address: https://www.telenco-store.uk/en/conditions-generales-utilisation#/, in order to place an Order on the Platform, the Customer must register on the Platform in order to have an Account.
By using their Identifiers, Customers shall be able to log into their Account and place an Order for Products with the Seller.
The information that the Customer provides to the Seller when placing an Order must be complete, accurate and up-to-date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility and the information provided.
5. PRODUCT ORDERING PROCESS
1. Products characteristics
The Seller undertakes to present the essential characteristics of the Products on the Product Sheet and the information required under applicable law. Consequently, the Customer agrees to read them carefully before placing an order on the Platform. The Customer acknowledges that they have checked that the offer and the Products meet their needs.
The Products sold comply with current European legislation and the standards applicable in France
2. Order procedure
Orders for Products are placed directly on the Platform. To place an Order, Customers must follow the steps described below.
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- Product selection
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The Customer must select the Product(s) of their choice by clicking on the Product(s) concerned.
The Customer must choose the desired quantity or, where applicable, the characteristics of the desired Product.
Once the Product(s) have been selected, they are placed in the Customer's shopping basket. The Customer may add as many Products as they wish to their basket.
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- Orders
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Once the Products have been placed in the shopping basket, the Customer must click on the basket and check that the contents of the Order are correct.
Once the Customer has validated the contents of the basket, an automatically completed online form will be displayed, summarising the price, applicable taxes and delivery charges, where applicable.
The Customer is invited to check the contents of their Order (including the quantity and references of the Products ordered, the size if applicable, the billing address, the means of payment and the price) before validating its contents.
After verification, the Customer can then proceed to secure payment for the Products by following the instructions on the Platform and providing all the information required for invoicing and delivery of the Products, where applicable. Orders placed must include all the information required to process them.
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- Acknowledgement of receipt
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Once all the steps described above have been completed, a page will appear on the Platform to acknowledge receipt of the Customer's Order. A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by e-mail, provided that the e-mail address provided on the registration form is correct.
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- Invoicing
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Neither the order form drawn up by the Customer online nor the acknowledgement of receipt sent to the Customer by e-mail constitutes an invoice. Regardless of the method of order or payment used, the Customer will receive the original invoice by e-mail once the Order has been completed.
3. Order date
The order date is the date on which receipt of the Order is acknowledged online. The lead times indicated on the Platform only start to run from this date.
4. Price
For all Products, the Customer will find on the Product Sheets the prices displayed exclusive of tax (excluding VAT), as well as, where applicable, any delivery charges that may apply.
In particular, prices include value added tax (VAT) at the rate in force on the Order date, depending on the seller's geographical shipping zone and the buyer's geographical delivery zone. Any change in the applicable rate may affect the price of the Products from the date on which the new rate comes into force.
The prices indicated are valid unless there is an error. The applicable price is that indicated on the date on which the Order is placed by the Customer.
In the event of non-payment or late payment, the Seller shall apply late payment penalties calculated as follows:
Late payment penalties = (amount of invoice including VAT * LEGAL RATE APPLICABLE FOR THE HALF YEAR) * (number of days late in the semester / 365)
The Applicable Legal Rate means the interest rate applied by the European Central Bank to its most recent refinancing operation plus 3 percentage points.
Late payment penalties are payable on the day following the payment date shown on the invoice, without the need for a reminder. Any Member who is in arrears is automatically liable to pay the creditor a fixed indemnity of 40 euros for collection costs. Where the recovery costs incurred exceed the amount of this fixed indemnity, the Seller may request additional compensation, subject to justification.
5. Product availability
The availability of a Product is indicated on the basis of remaining stocks. Thus, the Product may alternatively be indicated as "Available", "In restocking", "Soon out of stock" or "On order".
In any event, it should be remembered that the Operator may not be held liable for the unavailability of a Product, or for any consequence of the Order or the cancellation thereof, the sales transaction being carried out under the sole and entire responsibility of the Seller.
6. RIGHT OF WITHDRAWAL
In its capacity as a professional acting for purposes that fall within the scope of its activity, the Customer does not benefit from any right of withdrawal and cannot claim the provisions of the Consumer Code.
In the event that the Seller's GCS grant the Customer a right of withdrawal, the Customer shall be reimbursed by the PSP using the same means of payment as that used to pay for the order.
Under no circumstances shall the Customer return the Product to the Operator. The Customer must return the Product to the address provided by the Seller. Neither the Seller nor the Operator shall be held liable in the event of loss of the Product if the Customer fails to return the Product to the address indicated by the Seller.
7. PAYMENT
1. Payment methods
Customers can pay for their Products online on the Platform using the payment methods offered, i.e. by:
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- Bank card;
- Prepayment transfer;
- Term transfer (subject to the Seller's acceptance and the Customer's compliance with the eligibility criteria for this means of payment) (transfer at 30 or 45 days, rolling or at the end of the month).
The Operator is responsible for verifying the Customer's eligibility for payment by instalment, in the light of the documents and information provided by the Customer to prove their solvency. In addition, only Customers who have placed an order of at least one thousand (1,000) euros on the Platform may request to benefit from term payment.
Customers expressly acknowledge that their eligibility for term payment, as determined by the Operator, does not oblige the Seller to accept these payment methods: the Seller remains perfectly free to refuse term payment in any event.
When they choose their payment method, Customers will be redirected to a secure area corresponding to this choice in order to make the payment. In this case, the Customer declares that they are aware that all payments on the Platform are made via the Payment Service Provider, which manages the financial flows.
In this context, the Customer guarantees the Seller that they hold all the authorisations required to use the chosen means of payment.
All necessary measures will then be taken to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the Platform.
2. Payment date
In the event of a one-off payment by credit card, the Customer's account will be debited as soon as the Product Order is placed on the Platform.
If the Customer decides to cancel their order for unavailable Products, the refund will be made in accordance with the present Terms and Conditions.
3. Refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller in order to pay for the order by any other valid payment method.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the Customer proves impossible, the Order and the sale shall be cancelled.
4. Late payment
Any delay in payment shall give rise to the payment of a penalty equal to three times the legal interest rate in force in France, in addition to a fixed sum of 40 euros intended to cover collection costs. The existence of an unpaid amount by a Customer authorises the Operator and/or the Seller to refuse all new orders from this Customer.
8. DELIVERY
The terms of delivery are set out in Appendix 1.
9. TRANSFER OF RISK
Unless there is a specific agreement to the contrary between the Parties, the transfer to the Member of the risks of theft, loss, deterioration or destruction takes place at the time of delivery or, in the case of handover to a carrier, at the time of handover of the goods to the first carrier.
10. GUARANTEE
Apart from the commercial warranties that the Seller may offer for certain Products, all Customers benefit from "legal" warranties, for all Products, which are detailed below:
Warranty for hidden defects
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11. LIABILITY
Except in the case of public policy provisions to the contrary, the Seller shall not be liable for the occurrence of any damage of any nature whatsoever resulting directly or indirectly from the use or inability to use the Products. The Seller shall not be liable for the loss or destruction of any property, damage or expenses arising directly or indirectly from the Customer's use, misuse or inability to use the Product, either independently or in combination with another Product.
Furthermore, the Seller shall under no circumstances be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the Customer, in particular when the Customer's Order is entered, nor for any indirect damage suffered by the Customer.
It is expressly agreed that the extent of the Seller's liability for direct damage relating to the Sales Contract execution may not exceed the amount of the sums paid to the Seller in respect of the sale of the Products. The Seller may not be held liable, or considered to have failed to fulfil its obligations hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French Courts and Tribunals.
12. FORCE MAJEURE
The Seller may not be held liable if the non-performance or delay in the performance of any of its obligations described in these Commercial Terms is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In the event of one of the aforementioned events occurring, the Seller will endeavour to inform the Customer as soon as possible.
13. PERSONAL DATA
1. Processing carried out by the Operator
The Operator shall process the Customer's data as data controller:
- until the Products are actually Ordered. Once the Order has been placed, the Seller shall be solely responsible for processing data relating to the sale (including delivery) of the Product;
- for calculating the Customer's eligibility for the term payment method.
2. Processing by the Seller
The Seller may collect and process the personal data of Platform Customers when Products are ordered. In this respect, the Seller guarantees that it shall process such data in compliance with the rights and obligations arising from French Law no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, as amended, known as the "Data Processing and Individual Liberties" Law, and the General Regulation on the Protection of Individuals (RGPD).
From the moment the Products are ordered, the Seller shall be responsible for the processing of the Customer's personal data.
Customer data is kept confidentially by the Seller, for the purposes of the contract, its performance and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a customer or from your last contact if you are not yet a customer.
The data may be communicated, in whole or in part, to the Vendor's service providers involved in the order process.
3. Customer rights
In accordance with Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, or RGPD), the Seller ensures the implementation of the rights of the persons concerned.
Customers whose personal data is processed are reminded that they have the right to access, rectify, update, port and delete information concerning them, as well as the right to limit processing in accordance with articles 49, 50, 51, 53 and 55 of the French Data Protection Act (Loi Informatique et Libertés) and the provisions of articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of article 56 of the French Data Protection Act (Loi Informatique et Libertés) and article 21 of the RGPD, the Customer may also, for legitimate reasons, oppose the processing of data concerning them, without reason and at no cost.
The Customer may also define the fate of his data after his death and choose whether or not the Seller communicates his data to a third party that the Customer has previously designated.
The Customer may exercise these rights by sending an e-mail to or by sending a letter to the Seller.
Finally, the Customer may also lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
The entire policy relating to the processing of personal data by the Operator is detailed in the Platform's Privacy Policy.
14. CLAIMS
Any Customer may make a complaint to the Seller regarding a Products Order.
The Customer may contact the Seller via the internal messaging system provided on the Platform as soon as any Product has been received (or the date scheduled for receipt of the Product), for example in the following cases:
- Product not received;
- Product not in conformity: the Product received does not correspond to the Product ordered;
- Damaged Product: the Product received is damaged or incomplete.
The Customer shall also indicate the number of the order concerned.
Any dispute relating to the Product Order shall be settled directly between the Customer and the Seller, who are the only Parties to these Platform Terms and Conditions of Sale.
The Seller and/or the Customer may nevertheless ask the Operator to mediate between them, via their respective interfaces.
15. INTELLECTUAL PROPERTY
All of the Content published in its personal space is the property of the Seller, or is Content for which it has a licence of use.
Any representation or reproduction, in whole or in part, of the Content, by any process whatsoever, without the Seller's express prior authorisation, is prohibited and shall constitute an infringement punishable by the provisions of the Intellectual Property Code.
Acceptance of these Platform Terms and Conditions of Sale constitutes recognition by the Customer of the Seller's intellectual property rights and an undertaking to respect them.
16. VALIDITY OF THE COMMERCIAL CONDITIONS
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these Platform Trading Conditions shall not affect the validity of this Contract. Any such change or decision does not authorise Customers to disregard these Platform Trading Conditions.
17. MODIFICATION OF THE COMMERCIAL TERMS
These Platform Terms and Conditions of Sale are dated precisely and may be amended and updated at any time. However, it is specified that the applicable Platform Terms and Conditions are those in force at the time of the Order. Therefore, any changes made to the Platform Terms and Conditions of Sale will not apply to Products already purchased.
18. JURISDICTION AND APPLICABLE LAW
These Terms and Conditions of Sale and the relationship between the Customer and the Seller are governed by French law. In the event of a dispute, the French courts shall have sole jurisdiction.
However, prior to any recourse to an arbitral or state court, the Customer is invited to contact the Seller's complaints department.
If no agreement is reached, or if the Customer proves that they have previously attempted to resolve their dispute directly with the Seller by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute arising in connection with this contract, including any dispute relating to its validity.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
Since mediation is not compulsory, the Customer or the Service Provider may withdraw from the process at any time.
In the event that mediation fails or is not envisaged, the dispute which may have given rise to mediation will be referred to the competent court designated above.
Appedinx 1 - DELIVERY POLICY
Delivery zone
The default delivery zone corresponds to the list of countries below, it being specified that the Seller may restrict the geographical delivery zone:
- France
- Guadeloupe
- Martinique
- Saint Martin
- French Guiana
- Saint Barthelemy
- Reunion Island
- England
- Scotland
- Irelande (North)
- Wales
- Germany
- Austria
- Belgium
- Irlande
- Luxembourg
It is not possible to place an Order for any delivery address outside this delivery zone. Products are dispatched to the delivery address indicated by the Customer during the order process.
Delivery times
The lead times for preparing an Order, prior to dispatch of Products in stock, are stated at the time the Order is placed, or failing that in the Seller's GTCS. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the Customer when the Products are dispatched, provided that the e-mail address entered in the registration form is correct.
Delivery times & costs
During the ordering process, the Seller informs the Customer of the possible delivery times and methods for the Products purchased. Shipping costs are calculated according to the delivery method. The amount of these costs will be payable by the Customer in addition to the price of the Products purchased. Details of delivery times and costs are indicated on the Platform when a Product is ordered.
In the event that the Seller does not respect the delivery deadlines indicated, the Customer may terminate the Sales Contract with immediate effect upon expiry of a reasonable period of time granted by the Customer to the Seller to proceed with dispatch.
In this event, the Seller will refund all sums paid within a maximum of fourteen (14) days from the date of cancellation of the Sales Contract.
Terms of delivery
The terms of delivery are detailed on the Seller's Product sheet or, failing that, in the Seller's General Terms and Conditions of Sale. The Seller undertakes to respect the delivery method chosen by the Customer from among those offered by the Seller. The Seller may dispatch an Order in several instalments, at no extra cost to the Customer.
Delivery problems
It is the Customer's responsibility to check the Products delivered as soon as they are delivered.
In the event of incomplete or damaged Products or apparent non-conformity, the Customer must refuse them, as any reservations made on the delivery note upon receipt of said Products will be ineffective.
Failing this, the Customer is deemed to have accepted the Products without reservation
The Customer must provide any justification as to the reality of the defects observed, with the Seller reserving the right to carry out, directly or indirectly, any on-site observation and verification. The return of non-conforming Products is subject to the Vendor's prior acceptance. Failing this, the Customer shall be deemed to have accepted the Products without reservation.