GENERAL CONDITIONS OF SALE BETWEEN PROFESSIONALS
ARTICLE 1 DEFINITIONS, WEBSITE AND IDENTIFICATION
1.1 - Definitions
Seller of the limited company GLOBYTECH LLC. Customer : the natural or professional legal person who purchases files offered for sale by the Seller via his website www.globobd.us in the context of his professional activity Order: the act by which a Customer requests the files at the price indicated on the website www.globobd.com Seller to deliver the Product (s) to him: files offered by the Seller on the website www.globobd .com to the Customer
1.2 - Website
The website www.globobd.com is operated by the limited company GLOBYTECH LLC. and is available in French and English versions.
1.3 - Identification of the company from the company GLOBYTECH LLC
GLOBYTECH LLC. is a public limited company under American law with its registered office at 6993 Carey Lane North Maple Grove 55369, United States. and registered with the Trade Register under number: 7801910. SR : 20200311023
ARTICLE 2 GENERAL PROVISIONS
2.1 - General provisions
These general conditions define the respective obligations of the contracting parties on the occasion of the sales of the Products carried out on the site www.globobd.us. Prior to any Order, the Customer must fill out a form by which he expressly declares that he is a professional and can never be considered in any way, as a consumer. The Seller reserves his products only for professionals and to the express exclusion of consumers. By placing an Order on the website www.globobd.com, the Customer expressly acknowledges having read the general conditions, as they appear on the website www.globobd.us at the time of his Order, having understood them and have accepted them. In any case, these general conditions prevail over the general conditions of the Client. GLOBYTECH LLC. reserves the right to modify its general conditions at any time. The modified general conditions will be posted on the website www.globobd.us.
2.2 - Languages
These general conditions are available in French and English. However, in case of divergence of interpretation between the English and French versions of these general conditions, the predominance is given to the French version in all hypotheses.
ARTICLE 3 ORDERS
All Orders are made exclusively by internet on the GLOBYTECH LLC website.
3.1 - Capacity
Only persons legally able to sign contracts for the Products offered on the site www.globobd.com can order on said site. When placing the Order, the Customer guarantees to have full legal capacity to adhere to these general conditions and conclude the contract with the Seller.
3.2 - Personal information
When ordering, the Customer agrees to provide the information requested and agrees as to the veracity of the latter: a- when the Customer is a natural person: surname, first name, address and and registration with a commercial register. When the Client is a legal person: name of the company, registered office, registration with a commercial register; b- VAT number; c- delivery address; d- billing address; e- email address; f- telephone number. If after validation of his Order placed on the site www.globobd.us, the Customer realizes the need to modify certain information as for points a to f, he can do so either directly on his personal space on www.globobd.com. read (\"my account\" section), either by contacting Customer Service via an email addressed to \"
3.3 - Confirmation and sending emails
The Seller sends an Order confirmation email to the Customer. After validation of the payment by the payment service indicated on the website, the Seller sends the Customer an email indicating the methods of shipping his Order.
3.4 - Order Processing
Orders are processed in the order in which their payment is validated by the payment service indicated on the website.
3.5 - Archiving of Orders
The Customer who wishes to access information relating to his previous Orders can do so via his personal space on the website www.globobd.us. All the information relating to an Order is kept for a period of 1 year from either the day the Customer placed the Order or from the day when he paid for the Order. The oldest event will serve as the starting point for the deadline.
ARTICLE 4 PRODUCTS
The Products offered by the Seller on the website www.globobd.us. comply with US law. Each Product sold on the site www.globobd.com. is presented, accompanied by a \"product sheet\" detailing the characteristics and uses of said Product. However, the visual supports (photographs, graphics and diagrams) accompanying each \"product sheet\" are given for information only and in no way engages the responsibility of the Seller.
ARTICLE 5 PRICE
The prices of the Products sold on the site www.globobd.us. are indicated in US Dollar excluding VAT and excluding participation in warranty costs, ancillary services and are valid as long as they are present on the product description sheet.
ARTICLE 6 PAYMENT
The payment of an Order is made exclusively by bank transfer or by bank card (VISA, Mastercard).
ARTICLE 7 DELIVERY
7.1 - Country of delivery
Products purchased on the site www.globobd.com. may be delivered to all countries of the world, provided that the Products can be delivered in accordance with the national regulations of the country in which the delivery address indicated by the Customer is located and / or any other international regulations that may be applicable. The Customer is solely responsible for compliance with the national regulations of the country in which the delivery address indicated by the Customer is located and / or any other international regulations that may be applicable.
7.2 - Delivery procedure
The Products must be delivered to the delivery address indicated by the Customer when entering information during their Order. Consequently, the Seller draws the Customer\'s attention to the accuracy of the information provided regarding the delivery of his Order. The delivery does not include the installation, the putting into service of the ordered Product, nor the return of the old material. In the event that delivery is impossible because it contravenes the national regulations of the country in which the delivery address indicated by the Customer is located and / or any other international regulations that may be applicable, the Customer will be solely responsible for this situation, the Customer cannot claim any reimbursement on this account.
7.3 - Delivery times
Within three days of payment validation by the payment service indicated on the website, the Product is sent to the Customer.
7.5 - Control of the goods, damage and complaint
Any complaint made outside a period of 3 working days from delivery may be rejected by the Seller. The absence of a complaint and / or the non-issue of reservations on the part of the Customer during delivery means that the Product delivered has been received in satisfactory condition and cannot be subject to any subsequent dispute (excluding guarantees legal for non-conformity and / or hidden defect of the product).
ARTICLE 8 PRODUCT WARRANTIES
8.1 - General
Products sold on the site www.globobd.us. are guaranteed for one year, except for longer legal guarantees. The terms of the product manufacturers\' guarantees are detailed on the \"product sheet\". In order to benefit from this guarantee, it is up to the Customer to prove that he has acquired the Product for which he requests the guarantee on the website www.globobd.us. Consequently, the Customer is obliged to attach a copy of the invoice relating to the Product for which the guarantee is requested. The guarantees do not apply: - to abnormal or non-conforming use of the Product; - defects and their consequences related to use not in accordance with the use for which the Product is intended; - faults and their consequences linked to any external cause such as handling or installation errors.
8.2 - Vehicle manufacturer\'s warranty
The Customer is informed and warned that the installation of a Product in a vehicle may have the effect of altering or ending the warranty granted by the manufacturer of said vehicle. In this case, the responsibility of the Seller cannot be sought by the Customer in any way. The Customer acknowledges being fully aware that the manufacturer of the vehicle in which the Product is installed could deny its warranty.
8.3.- Insurance
The Customer is informed and warned that the installation of a Product in a vehicle may result in his insurer denying his warranty. In this case, the responsibility of the Seller cannot be sought by the Customer in any way.
8.4.- Product exchange
In the event that the Product turns out to be defective, and subject to the application of the warranty, the Seller undertakes to replace the Product.
ARTICLE 9 Fight against counterfeiting
The Seller makes every effort to assure its Customers that the Products sold on the site www.globobd.us. are original products. If, however, a Customer finds that a Product acquired on the website www.globobd.com. is a counterfeit product, he must immediately report it to the Seller. In this case, the Seller proceeds to replace the Product.
ARTICLE 10 CUSTOMER SERVICE
For any question relating to the Products offered on the website www.globobd.com. as well as the guarantees from which they benefit, the Seller sets up a customer service which is available from Monday to Friday from 08:00 to 18:00 and which can be contacted: - by email using the address \"contact@globobd.net \"
ARTICLE 11 PROTECTION OF PERSONAL DATA
Personal data, necessary for the performance of the contract, is collected and processed by the Seller in accordance with the provisions of the amended law of August 2, 2002 relating to the protection of individuals with regard to the processing of personal data ( \"The amended law of August 2, 2002\"). The Customer gives his consent to the collection, recording and processing of his personal data by the Seller in order to provide the requested service and to fulfill the legal obligations in force. The Seller undertakes to transfer the Customer\'s personal data only to the Carrier, and only those necessary for the execution of the delivery. Thus, except in cases where the law requires it or the Customer authorizes it, the Seller undertakes not to transfer any personal data from the Customer to third parties. The Customer has the right to access his personal data and to request the rectification of his inaccurate or incomplete data. The Customer also has the right to object to their processing, for legitimate reasons. Unless the Customer refuses, the Seller may send promotional offers and those of its business partners to the email indicated by the Customer.
ARTICLE 12 INTELLECTUAL PROPERTY
All intellectual property rights related to the Products and software of said Products remain the exclusive property of the manufacturers of the Products. As part of the installation and use of the Product, the Customer is only granted a personal license to use. Thus, the Customer is in no case authorized to modify, copy or carry out any operation on the Products and software other than those necessary for the installation and use of the Product.
ARTICLE 13 RESPONSIBILITY
13.1 - Use of Products
The Customer acknowledges, as a professional, being fully informed that the Products sold by the Seller are intended to be installed by professionals, respecting the installation and programming methods specific to each Product, and are reserved for vehicles intended to be used exclusively on circuits. RMQ: Provide a check box
13.2 - Impact of a Product on the characteristics of a vehicle
The Customer acknowledges being fully informed of the fact that the use of a Product on a vehicle may have the consequences of modifying the technical characteristics of the vehicle which may, in particular, alter behavior, impact on the environment or duration life of the vehicle or its components.
13.3 - Seller\'s liability exclusions
The responsibility of the Seller cannot be questioned if the use of a Product is contrary to the recommendations of the manufacturer of said Product, to the assembly instructions or to the information mentioned in the documentation provided or appearing on the Product. The Seller\'s responsibility cannot be blamed if the use of a Product is abnormal or contrary to the regulations applicable in the territory where the vehicle in which the Product installed by the Customer is installed. The Seller cannot be held liable by the Customer for any damage resulting from the modification of the vehicle in which a Product is installed, in particular in the event of damage to the vehicle itself and to damage to third parties. The Seller cannot be held liable by the Customer in the event of - improper use of the vehicle in which the Product is installed; The Seller cannot be held liable by the Customer for defects in the Products sold, such as viruses or malfunctions of software linked to a Product; The Seller cannot be held liable by the Customer in the event of modifications made to the vehicle after or before the installation of the Product in the vehicle; The Seller cannot be held liable by the Customer for modification of the Product by the Customer or a third party. The Seller cannot be held liable by the Customer in the event of modifications made to the vehicle after or before the installation of the Product in the vehicle; The Seller cannot be held liable by the Customer for modification of the Product by the Customer or a third party. The Seller cannot be held liable by the Customer in the event of modifications made to the vehicle after or before the installation of the Product in the vehicle; The Seller cannot be held liable by the Customer for modification of the Product by the Customer or a third party.
ARTICLE 14 LEGAL AND JURISDICTIONAL JURISDICTION
These general conditions are subject to american law. Any dispute, for lack of amicable settlement, to which these general conditions may give rise, concerning in particular their interpretation or execution,