Legal notice and terms of sale
LEGAL NOTICES
General information Turbiwatt, SAS with a capital of 1.855.796,65 € – 520 793 662 RCS Lorient – APE : 2811Z – Intra-community VAT N° FR58520793662
The https://www.turbiwatt.com website is published by SAS Turbiwatt, registered in the Lorient Trade and Companies Register under number 520 793 662. Head office: 95, rue Michel Marion – 56850 – Caudan – Telephone : 02.90.74.98.70 E-mail: info[@]turbiwatt.com
Personal data In accordance with Articles 39 et seq. of the French Data Protection Act no. 78-17 of 6 January 1978, amended in 2004, you have the right to access, rectify or delete information concerning you, which you may exercise by contacting “Turbiwatt, website administration, 95 rue Michel Marion – 56850 Caudan. You may also, for legitimate reasons, oppose the processing of data concerning you. The information that you enter and record on the turbiwatt.com website is reserved for the exclusive use of Turbiwatt and may not be communicated. The publisher undertakes to comply with all laws concerning the setting up and operation of an Internet site.
Technical information It is reminded that the confidentiality of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
Copyright The reproduction or representation, in whole or in part, of the pages, data or any other element of the site, by any process or support whatsoever, is prohibited and constitutes, without authorisation, an infringement which may incur the civil and criminal liability of the infringer.
Author The site was designed and produced by Lamour du Web (siret 80020979300010)
All rights reserved : Lamour du Web – Pôle Technellys, 165 rue de la Montagne du Salut – 56600 Lanester – Phone : 02 97 82 10 82 email : contact@lamourduweb.com Website : https://lamourduweb.com/
Pictograms : https://www.flaticon.com/fr/
Pictures : Turbiwatt, https://unsplash.com/fr
TURBIWATT GENERAL TERMS OF SALE TO PRIVATE INDIVIDUALS
The signing of the contract implies acceptance of all these terms and conditions. As such, the Buyer hereby declares having cognizance of and having accepted the terms and conditions before signing the contract. All the documents supplied prior to the signing of the contract are listed in the precontractual business proposal.
Turbiwatt reserves the right to modify these general terms of sale at any time. In case of modification, the terms and conditions applying to each order will be those in force on the date the contract is signed.
I – Applicability :
These terms and conditions only apply between Turbiwatt and a professional. These general terms of sale are governed exclusively by French law. These terms and conditions are added to the supplementary conditions defined in the Precontractual Business Proposal remitted to the customer, which override the former in case of difference.
II – Products and services :
Turbiwatt designs and manufactures hydroelectric micro turbines and related electronic solutions. Its role is to define and then build, based on the information provided by the customer, the equipment best suited to the project.
Turbiwatt does not intervene in the design or construction of the hydroelectric structure itself, particularly with regard to the civil engineering (water chamber, canals, pipes, etc.), ancillary equipment (gates, screening, etc.) or power grid connection.
Barring special agreement described in the particular conditions, Turbiwatt supplies the draft pipe and its possible extension. The engineering firm selected by the customer sees to the installation of this equipment, based on specifications recommended by Turbiwatt.
It is hereby pointed out that the grid connection (domestic or public) is handled by the customer’s electrician, based on the requirements incumbent on it under current regulations (notably Consuel in France), or by the requirements resulting from the connection contract with the network distributor (Enedis in France).
Since the characteristics of the turbines and their generator are specific to each project, it is advisable to refer to the sales proposition issued.
Turbiwatt reserves the right to make any modifications or standard improvements to any goods it considers necessary, at any time and without notice, without the buyer being entitled to claim any loss whatsoever.
III – Choice of products :
The buyer may contact Turbiwatt for further information and for assistance in making its choice before signing any contract. The buyer will be sent documents to assist in this choice. It is up to the buyer to arrange to be assisted by a consultant, notably a specialized engineering firm, if it feels that it is not sufficiently informed about the choice and the procedure to follow. Turbiwatt accepts no liability with regard to the evaluation of the data supplied by the buyer. The buyer is responsible for collecting all the necessary data for the product’s installation
IV – Responsibility :
With regard to the hydroelectric turbines, Turbiwatt’s commitment only concerns the power rating delivered at the outlet of the turbine. It is based on the information supplied by the customer (net head and flow rate). A tolerance of 5% is deemed acceptable to meet this commitment. Turbiwatt is not responsible for head losses tied to the characteristics of any structures likely to reduce the actual available power that are outside its remit and responsibility; this notably concerns the physical characteristics of the headrace canal, turbine chamber, tailrace, upstream or downstream pipes, gates and screenings
Under no circumstances can Turbiwatt be held responsible for the actual yield observed at the end of an operating period. The estimates of potential gains are made on the basis of statistical surveys that are not contractually binding. On no account do the latter fall within the contractual scope, since they are theoretical and non-binding.
With regard to the hydroelectric turbines, Turbiwatt’s commitment only concerns the power rating delivered at the outlet of the turbine. It is based on the information supplied by the customer (net head and flow rate). A tolerance of 5% is deemed acceptable to meet this commitment. Turbiwatt is not responsible for head losses tied to the characteristics of any structures likely to reduce the actual available power that are outside its remit and responsibility; this notably concerns the physical characteristics of the headrace canal, turbine chamber, tailrace, upstream or downstream pipes, gates and screenings
The buyer is required to make sure that the product is kept in a good condition and used for its intended purpose.
Turbiwatt accepts no liability for defects or damage to products delivered following abnormal or improper use after the delivery of the products.
V – Price :
The prices are shown in euros excluding and including tax. The total cost of the order, including the total price inclusive of tax of the order at the rate of VAT effectively applying, as well as the charges for delivery, installation and commissioning where applicable, were disclosed to the buyer in the pre-contractual sales proposition.
VI – Information on additional payments :
A price list for additional services not provided for in the sales proposition is explained in the pre-contractual sales proposal.
VII – Means and terms of payment :
Unless otherwise specified in the particular conditions, the total amount of the order shall be paid as follows:
– On signing of the contract, payment of 30% of the price
– On delivery of the cone, payment of 30% of the price
– On handover or delivery, payment of 40% of the price
Payments are made by cheque or bank transfer in Euros, without discount for advance payment. In the event of late payment, penalties will be calculated according to the legal rate in force plus 10 points.
VIII – Delivery and handover arrangements :
The products are delivered to the place of delivery stated in the business proposal.
The delivery lead times are indicated in the business proposal and only start running from finalization of the order.
Turbiwatt commits itself to making the products available or delivering them within a maximum timeframe expressed in the commercial offer. The annual summer holiday period may lead to an extension of these deadlines.
In all cases, delivery within the specified time can only take place if the buyer has fulfilled all his obligations towards Turbiwatt.
If the parcel is returned to Turbiwatt due to an incomplete address or in the absence of the purchaser, the costs of re-shipment will be at the purchaser’s expense.
It is the responsibility of the buyer to provide access for the delivery as close as possible to the place of deposit. The buyer is responsible for unloading and must provide efficient and secure handling, lifting and storage facilities for the smooth running of the operation.
On receipt and before signing the delivery note, the buyer must check the package and its contents in the presence of the delivery person. If the products have been damaged or some are missing, the buyer must refuse the parcel by writing the reason for refusal on the delivery note. In the absence of precise reservations, the products are presumed to conform to the order.
The risk of loss or deterioration of the goods is only transferred to the buyer when the latter takes possession of the goods. However, if the buyer opts for a carrier other than the one proposed by Turbiwatt, the risk is transferred to the client when the goods are handed over to the carrier.
IX – Warranty :
Turbiwatt guarantees its products for a period of two years.
Conformément à la loi : Turbiwatt est tenu des défauts de conformité du produit dans les conditions des articles L211-4 et suivants du Code de la Consommation et des défauts cachés de la chose vendue dans les conditions prévues aux articles 1641 et suivants du Code Civil pouvant entrainer la résolution de la vente ou une réduction du prix.
The legal guarantee applies independently of the commercial guarantee granted (2 years).
When the buyer brings an action under the legal guarantee of conformity, he or she has a period of two years from the date of delivery of the product in which to bring the action. For a period of 24 months following delivery of the goods, the buyer is exempt from having to prove the existence of a lack of conformity.
The buyer may choose between repairing or replacing the product, subject to the cost conditions set out in article L211-9 of the French Consumer Code.
In the event of a product failure noted by the buyer, the latter must inform Turbiwatt of the malfunction. After agreement from the latter, the product is sent back to the workshop at the customer’s expense. It is then tested with the necessary equipment and a report is sent to the client. If the product works perfectly, it will be sent back to the customer after payment of the shipping costs and the costs of the expertise on the basis of the hourly rate in force.
No guarantee is given in the event of: careless, inappropriate or incorrect use, faulty assembly or inappropriate commissioning carried out by the customer or a third party, lack of maintenance, poor installation, unsuitable environment or civil engineering, physical, chemical, electrochemical or electrical influences, modifications or additions of parts to the products, accidental damage, power surges notably caused by lightning, imbalance in direct usage phases, failure to comply with Turbiwatt’s instructions regarding temperature, air, humidity, installation, repair and use.
Malfunctions due to normal wear and tear and the replacement of accessories, wearing parts and consumables are not covered by the warranty. The same applies to routine maintenance.
Turbiwatt insists on the fact that it is imperative to respect the framework for installation, use and maintenance prescribed, under penalty of the inapplicability of any guarantee.
X – Returns and after-sales service :
Any return requires the prior agreement of Turbiwatt. The return is made at the expense and risk of the buyer. Products returned by the carrier without physical protection or poorly protected may be excluded from the guarantee. It is therefore the responsibility of the buyer to protect and insure the returned product(s) during transport.
XI – Availability of parts :
In accordance with Article L111-3 of the Consumer Code, the availability of parts is 5 years.
XII – Environment :
In accordance with the decree of 20 July 2005 relating to the composition of electrical and electronic equipment and the elimination of waste from this equipment, Turbiwatt informs that it is the responsibility of the users to organise the selective treatment of electrical products in facilities provided for this purpose.
XIII – Intellectual property – Image rights :
The intellectual property rights attached to the items sold on the website are and remain the exclusive property of Turbiwatt. All commercial rights are reserved exclusively to Turbiwatt.
Accordingly, no one is allowed to reproduce, use or disseminate the intellectual property rights without the prior written consent of Turbiwatt.
The buyer hereby authorises Turbiwatt to release photos of the installation site and assemblies carried out on its website in order to promote its products, without citing the customer’s identity.
XIV – Reservation of title :
The products delivered remain the property of Turbiwatt until full and effective payment of the price, accessories and interest by the buyer. These provisions do not preclude transfer of the risk of loss or deterioration as from delivery to the buyer.
XV – Withdrawal period :
In accordance with Article L121-21-8 of the French Consumer Code, the purchaser may not benefit from a withdrawal period for products made to his/her specifications or clearly personalised. As each generator is made to specifications unique to each project, no order may be retracted once the contract has been concluded.
XVI – Assignement of jurisdiction :
Any dispute arising from the formation, interpretation or execution of this contract is governed by French law and will fall within the exclusive remit of the Lorient courts. The Parties agree that, prior to any legal action, they will seek in good faith an amicable settlement.
The purchaser may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method. The parties agree that, prior to any legal action, they will seek an amicable settlement in good faith.
XVII – Consumer mediator :
In accordance with articles L152-1 to L152-5 of the Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator in order to find an amicable solution to a dispute between him/her and a professional. To this end, Turbiwatt guarantees the consumer effective recourse to a consumer mediation system.
TURBIWATT GENERAL TERMS AND CONDITIONS OF SALE TO PROFESSIONALS
The signing of the contract implies acceptance of all these terms and conditions. As such, the Buyer hereby declares having cognizance of and having accepted the terms and conditions before signing the contract. All the documents listed in the pre-contractual sales proposition are contractual.
Turbiwatt reserves the right to modify these general terms of sale at any time. In case of modification, the terms and conditions applying to each order will be those in force on the date the contract is signed.
I – Applicability :
These general terms and conditions of sale only apply between Turbiwatt and a professional. These general terms of sale are governed exclusively by French law. These terms and conditions are added to the particular conditions defined in the pre-contractual sales proposition remitted to the customer, which override the former in case of difference.
II – Products and services :
Turbiwatt designs and manufactures hydroelectric micro turbines and related electronic solutions. Its role is to define and then build, based on the information provided by the customer, the equipment best suited to the project.
Turbiwatt does not intervene in the design or construction of the hydroelectric structure itself, particularly with regard to the civil engineering (water chamber, canals, pipes, etc.), ancillary equipment (gates, screening, etc.) or power grid connection.
Barring special agreement described in the particular conditions, Turbiwatt supplies the draft pipe and its possible extension. The engineering firm selected by the customer sees to the installation of this equipment, based on specifications recommended by Turbiwatt.
It is hereby pointed out that the grid connection (domestic or public) is handled by the customer’s electrician, based on the requirements incumbent on it under current regulations (notably Consuel in France), or by the requirements resulting from the connection contract with the network distributor (Enedis in France).
Since the characteristics of the turbines and their generator are specific to each project, it is advisable to refer to the sales proposition issued.
Turbiwatt reserves the right to make any modifications or standard improvements to any goods it considers necessary, at any time and without notice, without the buyer being entitled to claim any loss whatsoever.
III – Choice of products :
The buyer may contact Turbiwatt for further information and for assistance in making his choice before signing any contract. The buyer will be given information to assist in this choice. It is up to the buyer to arrange to be assisted by a consultant, notably a specialised engineering firm, if he feels that he is not sufficiently informed about the choice and the procedure to follow. Turbiwatt accepts no liability with regard to the evaluation of the data supplied by the buyer. The buyer is responsible for collecting all the necessary data for the realisation and installation of the product.
IV – Responsibility :
With regard to the hydroelectric turbines, Turbiwatt’s commitment only concerns the power rating delivered at the generator output. It is based on the information provided by the customer (net head and flow). A tolerance of 5% is deemed acceptable to meet this commitment.
Turbiwatt is not responsible for head losses linked to the characteristics of any structures likely to reduce the actual available power that are outside its remit and responsibility; this notably concerns the physical characteristics of the headrace canal, water chamber, draft pipe outlet, tailrace, upstream or downstream pipes, gates and screenings.
Under no circumstances can Turbiwatt be held responsible for the actual yield observed at the end of an operating period. The estimates of potential gains are made on the basis of statistical surveys that are not contractually binding. On no account do the latter fall within the contractual scope, since they are theoretical and non-binding.
Only the performances stated in the particular conditions should be seen as an obligation of result under the contract. Turbiwatt cannot be held responsible in the event of inadequacy or counter-performance linked to peripheral equipment not sold by Turbiwatt (an inverter for example). Turbiwatt also accepts no liability for potential production loss, economic loss or loss of opportunity in the event of machine downtime, even in the guarantee period. Furthermore, Turbiwatt accepts no liability for any failure to meet its commitments if it is attributable to the unforeseeable and insurmountable act of a third party to the contract, or a case of force majeure defined by the Civil Code, or attributable to the customer.
The buyer is required to make sure that the product is kept in a good condition and used for its intended purpose.
Turbiwatt accepts no liability for defects or damage to products delivered as a result of abnormal or improper use of the product or a modification of any kind subsequent to the delivery of the products.
V – Price :
The prices are shown in euros excluding and including tax. The total cost of the order, including the total price inclusive of tax of the order at the rate of VAT effectively applying, as well as the charges for delivery, installation and commissioning where applicable, were disclosed to the buyer in the pre-contractual sales proposition.
VI – Information on additional payments :
A price list for additional services not provided for in the sales proposition is explained in the pre-contractual sales proposal.
VII – Means and terms of payment :
Unless otherwise specified in the particular conditions, the total amount of the order shall be paid as follows:
– On signing the contract, payment of 30% including VAT.
– On delivery of the cone, a 30% deposit
– At the time of provision or delivery, a 40% deposit
Payments are made by cheque or bank transfer in Euros, without discount for advance payment. In the event of late payment, penalties will be calculated according to the legal rate in force plus 10 points.
VIII – Terms of delivery and availability :
In the event that the sale does not include delivery :
The products are made available in Turbiwatt’s workshops. The lead times will be specified in the sales proposition. It is the responsibility of the buyer to collect the equipment within the agreed timeframe. Should the buyer or the carrier appointed by him not be present on the agreed date, storage costs may be charged to him.
If the sale includes delivery, the products are delivered to the place of delivery mentioned in the pre-contractual sales proposition.
Delivery times are indicated in the sales proposition and only start running from the time the order is fully completed, including the payment of the deposit.
If the parcel is returned to Turbiwatt for an incomplete address or in case of absence of the buyer, the costs of re-shipment will be charged to the buyer
It is the responsibility of the buyer to provide access for the delivery as close as possible to the place of deposit. The buyer is responsible for unloading and must provide efficient and secure handling, lifting and storage facilities for the smooth running of the operation.
In both cases :
The buyer must imperatively control the products and carry out all technical verifications upon delivery. If problems are found, the buyer must express reservations to Turbiwatt. If there are no reservations, the products are presumed compliant.
The transfer of risk attached to the products passes to the buyer as soon as the products leave the Turbiwatt workshops, even when the delivery is included in the commercial offer. The transfer of risk is assessed independently of the reservation of ownership clause.
IX – Guarantee :
Turbiwatt guarantees its products for a period of two years from the date on which the buyer takes possession of them. The guarantee is characterised by the repair or replacement of any defective parts or products at Turbiwatt’s discretion.
The scope of the guarantee covers manufacturing defects. The guarantee does not cover malfunctions linked to normal wear of the products and the replacement of accessories, wearing parts and consumables. The same applies to routine maintenance.
No guarantee is given in the event of: careless, inappropriate or incorrect use, faulty assembly or inappropriate commissioning carried out by the customer or a third party, lack of maintenance, poor installation, unsuitable environment or civil engineering, physical, chemical, electrochemical or electrical influences, modifications or additions of parts to the products, accidental damage, power surges notably caused by lightning, imbalance in direct usage phases, failure to comply with Turbiwatt’s instructions regarding temperature, air, humidity, installation, repair and use.
In the event of a product failure noted by the purchaser, the latter must inform Turbiwatt of the malfunction. After agreement from Turbiwatt, the product is sent back to the workshops at the customer’s expense. It is then tested with the necessary equipment and a report is sent to the customer.
If the product works perfectly, it will be sent back to the customer after payment of the shipping costs and the costs of the expertise on the basis of the hourly rate in force.
In all cases, all transport costs of the products are at the expense and responsibility of the buyer.
Turbiwatt insists on the fact that it is imperative to respect the framework for installation, use and maintenance prescribed, under penalty of the inapplicability of any guarantee.
X – Returns and after-sales service :
Any return requires the prior agreement of Turbiwatt. The return is made at the expense and risk of the buyer. Products returned by the carrier without physical protection or poorly protected may be excluded from the guarantee. It is therefore the responsibility of the buyer to protect and insure the returned product(s) during transport.
XI – Availability of parts :
In accordance with Article L111-3 of the Consumer Code, the availability of parts is 5 years.
XII – Environment :
In accordance with the decree of 20 July 2005 relating to the composition of electrical and electronic equipment and the elimination of waste from this equipment, Turbiwatt informs that it is the responsibility of the users to organise the selective treatment of electrical products in facilities provided for this purpose.
XIII – Intellectual property – Image rights :
The intellectual property rights attached to the items sold on the website are and remain the exclusive property of Turbiwatt. All commercial rights are reserved exclusively to Turbiwatt.
Accordingly, no one is allowed to reproduce, use or disseminate the intellectual property rights without the prior written consent of Turbiwatt.
The buyer hereby authorises Turbiwatt to release photos of the installation site and assemblies carried out on its website in order to promote its products, without citing the customer’s identity.
XIV – Reservation of title :
The products delivered remain the property of Turbiwatt until full and effective payment of the price, accessories and interest by the buyer. These provisions do not preclude transfer of the risk of loss or deterioration as from delivery to the buyer.
XV – Assignment of jurisdiction :
Any dispute arising from the formation, interpretation or execution of this contract is governed by French law and will fall within the exclusive remit of the Lorient courts. The Parties agree that, prior to any legal action, they will seek in good faith an amicable settlement.
