- part 1: general stipulations
- part 2: special conditions for the purchase of all products excluding gas cylinders
- part 3: special conditions for the supply of gas cylinders
Article 1 – Entire Agreement
1.1 These terms and conditions express all the parties’ obligations. Accordingly, the buyer is considered to accept them unreservedly.
1.2 The vendor and the buyer agree that these terms and conditions govern their relationship exclusively. The vendor reserves the right to occasionally modify its terms and conditions. These modifications shall apply as soon as they are put online.
1.3 In the event a certain sales condition were not present, it would be considered to be governed by the practices in force in the distance selling sector for companies with headquarters in France.
Article 2 – Purpose
2.1 These terms and conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods proposed by the vendor to the buyer.
2.2 These conditions only concern purchases made by buyers located in mainland France and delivered exclusively within France. For all deliveries outside France, please email contact@qista.com.
Article 3 – Order Conditions
Article 3.1 – Creation and Management of an Account
An account needs to be created before ordering an item on the www.qista.com website.
The internet user registers with the www.qista.com website by correctly completing the registration form displayed on the screen.
In particular, the internet user provides the information required for identification (including their surname, first name, a valid email address and a password of their choice) which will be used later to log onto the Site.
Internet users who already have an account must log onto the Site by entering their email address and password in the “Access your account” box.
The internet user accepts that entering these two pieces of information is proof of their identity.
Providing personal information collected within the framework of distance selling is required to process the order and deliver the products, as well as to draw up invoices for customers who undertake to provide sincere information.
This information is strictly confidential.
An email confirming the creation of an account shall be sent to the internet user at the address they provided when creating the aforementioned account.
As soon as an internet user orders their first item on the website TECHNO BAM completes the Customer’s account by registering all the information collected (invoicing address, delivery address and telephone number), as well as the username and password.
If there is a change to the address in a Customer’s account, this modification shall be taken into account in future orders.
If an order is already being processed, the Customer shall contact Customer Services on 08 06 11 06 40 (cost of a local call).
Article 3.2 – Order Terms and Conditions
To order an item, the Customer must enter the details of the order, log in or create an account (see Article 1) and check that the collection address, the products and quantities ordered, the price of the products, the price of the consignment, and the order total are correct.
During the order process, the Customer can return to earlier stages at any time to modify the data entered.
Before payment, all the data entered by the Customer corresponding to the order is visible on the screen.
After reading their order carefully, and once the Customer has provided all the information required, the latter may only access the next step by confirming that they have read and accepted these terms and conditions by ticking the “I have read and accept the Terms and Conditions of Sale” box.
The Customer can then proceed to the payment procedure in accordance with the rules and conditions set out below in Article 3.4 – Payment.
After confirmation and completion of the payment procedure for their order, the Customer receives an order confirmation email. This summarizes all the essential information establishing the contract between the Customer and TECHNO BAM.
TECHNO BAM reserves the right not to confirm the order in the event of existing dispute(s) with the Customer, total or partial non-payment of a previous order by the Customer, card payment not authorized by banking bodies or dispute over the return of products ordered previously.
Article 3.3 – Invoicing
An invoice shall be available in the Customer’s account the day after they take possession of the product.
Invoices are paid in full.
It is recommended that Customers download this document onto a sustainable medium.
Article 3.4 – Payment
The amount due by the Customer is the amount indicated on the order summary the Customer reads before confirming the order. That amount is then recalled after payment in the summary document emailed to the Customer’s email address by TECHNO BAM.
To pay for an order online by card, the Customer must send the card number, the card’s expiry date, and the security code (the 3-figure number indicated on the back of the card) to a secured website).
At that point only a request to authorize payment from the Customer’s account shall be made. Payment made be made with the following cards: debit card, Visa, Mastercard, Maestro E Carte Bleue, JCB, Cofinoga, Illicado, Maxichèque, Aurore, 1EURO.COM, Paypal, Leetchi, and via the E-transactions system set up by Crédit Agricole.
This payment system benefits from the 3DS Secure guarantee and enhanced monitoring system, making it possible to pay for products in three installments without interest (the conditions for making such a payment in installments are provided on the E-transactions website and customers may read them by clicking on the hypertext link which can be accessed when the order is paid for).
The Customer may also pay for products with a cheque drawn on a French bank account and sent to TECHNO BAM at the address indicated on Page 1.
The Customer may also pay for products via bank transfer. Bank details shall then be provided by email to make payment.
In that instance, the time frame for provision and delivery of products shall only begin once the cheque has cleared or the transfer has been received.
In the event of payment by cheque, TECHNO BAM reserves the right to verify the Customer’s identity.
Within the framework of such verification, the buyer may be asked to send the vendor a fax containing a copy of their ID as well as proof of address.
The order may therefore only be approved after the vendor has received and verified the documentation sent.
TECHNO BAM checks the validity of the payment to be made until the date the products are provided and reserves the right to cancel an ongoing order where applicable.
In the event of card payment, TECHNO BAM shall, as far as possible, seek to ensure that the bank account linked to the customer’s card payment is debited with the amounts due within 5 working days of the order.
However, it is specified that the payment authorization given by the Customer to TECHNO BAM is valid for 365 days following the bank payment authorization date.
An order shall be considered complete when all the products ordered have been collected or received and the Customer has paid for the Products, as well as any other potential costs they have incurred, in full.
Article 3.5 – Electronic Signature
In accordance with the provisions of the Law of 13 March 2000, by providing their card number online (or sending a cheque to TECHNO BAM’s headquarters) and validating the order, the buyer confirms their agreement with regard to the following:
- Payment of the amounts due in line with the purchase order;
- Signature and express acceptance of all transactions performed.
In the event of fraudulent use of the bank card, or loss or theft of the cheque, the buyer is invited to contact 08 06 11 06 40 (cost of a local call) as soon as such fraudulent use is observed.
Article 4 – Product Information
The products governed by these terms and conditions are those featured on the vendor’s website and indicated as sold and dispatched by the vendor. They are available while stocks last.
The description and presentation of products is as accurate as possible.
However, if errors or omissions have occurred with regard to their presentation the vendor shall not be held accountable.
Photographs of the products are not legally binding.
Article 5 – Price
The vendor reserves the right to modify their prices at any time but undertakes to apply those in force and indicated when the order was placed, subject to availability on that date.
The prices are given in Euros.
They do not take into account delivery costs which are invoiced separately and provided before confirmation of the order. The prices include the amount of VAT applicable on the day of the order and any change in the rate of VAT shall automatically affect the price of products in the online store.
Payment of the price in full must occur when the order is placed. At no time may any amounts paid be considered deposits or down payments.
If one or several taxes or contributions were to be created or their rate increased or decreased, particularly in the field of the environment, such a change may affect the sale price of products.
Part 3 – Special Conditions for the Provision of Gas Bottles
Article 17 – General Framework for Provision
17.1 A full bottle of gas is provided for all purchases of a STARTER KIT Smart BAM. The bottle is a CARBOPUB LN3 (10 kg) one from the AIR LIQUIDE brand.
17.2 The bottle is not sold to the Customer and remains the property of AIR LIQUIDE. Consequently, it may not be lent, borrowed, transferred or alienated by the Customer. Only the gas contained in the bottle is sold to the Customer.
17.3 The gas bottles may only be used to operate the QISTA traps and may not be used to house any products apart from AIR LIQUID ones. The bottles may only be filled by AIR LIQUIDE which guarantees the smooth operation of its equipment and freely replaces any bottle recognized to be defective because of an inherent fault. However, it is the responsibility of the Customer, who is legally responsible for the bottles, to indicate any abnormalities or irregularities in its operation, as well as any faults which might occur during use. The bottles may only be repaired or modified in any way by AIR LIQUIDE.
17.4 When using the gas bottles the Customer must comply with the instructions in the “Safety Information – 018AL001GIS” booklet attached to these terms and conditions.
17.5 TECHNO BAM may not be held responsible for any accidents or physical or material damage which might occur during use of the gas, particularly following incorrect installation or non-observation of the safety instructions recalled in the information notice featured below.
17.6 In the event that the Customer loses or damages the gas bottle, they shall be invoiced for the replacement value in accordance with the current price, either when it is exchanged for a full one or when it is definitively returned. As the equipment remains the inalienable property of AIR LIQUIDE, invoicing lost parts would not constitute a sale.
17.7 Review of CO2 Prices: Prices evolve every year on the basis of negotiations with gas suppliers and the review formula set out below which is representative of the structure of costs and how they change:
P = Po (0,6 ICHTREV TS/ ICHTREV TSo + 0,4 EBIQ / EBIQo
Meaning of the equation:
- P = price resulting from the review.
- Po = Basic price excluding all taxes.
- ICHTREV TS = last known value of the “Cost of Work-Revised – All Employees, Mechanical and Electrical Industries” index.
- EBIQ = last known value of the “Energy, Intermediary Goods and Investment Goods” index.
- Value of the indices on the date basic prices are set;
- Annual indexing of prices in May of each year.
Article 18 – Duration of the Provision
18.1 Gas bottles are provided for two months. A deposit of €85, excluding tax, is invoiced to you when you start up your BAM or when you first purchase a pack of consumables at the start. This deposit is refunded upon definitive return of your bottle at the end of the season.
18.2 The 2-month period starts when you purchase a STARTER KIT Smart BAM pack from the date the letter containing the “first collection voucher” is sent, as provided for in Article 19.
18.3 This one-year provision shall be renewed for the same period every time the gas bottle is refilled, as provided for in Article 20.
18.4 The customer has 2 months to return the bottle provided.
The Customer’s attention is therefore drawn to the importance of changing their contact details where necessary to enable TECHNO BAM to contact them.
TECHNO BAM may not be held responsible for changes to the Customer’s details which have not been communicated to it properly in writing.
18.5 If the Customer does not return the bottles 2 months after their collection, they shall be liable for a fixed penalty payment of four hundred (400) Euros, including all taxes, per unreturned bottle.
Article 19 – Initial Method for Issuing Gas Bottles
Following an order for a STARTER KIT Smart BAM, TECHNO BAM undertakes to send out a “first collection voucher” with the STARTER KIT Smart BAM.
When they place their order, the Customer defines the AIR LIQUIDE distribution point where they would like to collect their product from the list proposed by TECHNO BAM.
This “first collection voucher” must be presented in paper form upon collection at the AIR LIQUIDE distribution point allocated during the order.
Article 20 – Exchange of Gas Bottles
20.1 The Customer may exchange their gas bottle at any moment and an unlimited number of times by placing an order via their Customer account on the www.qista.com website in accordance with the prices in force on the website when the order is placed.
20.2 When they place their order the Customer defines the AIR LIQUIDE distribution point where they would like to collect their product from the list proposed by TECHNO BAM.
20.3 An “exchange voucher” is required to collect a bottle. This voucher must be presented in paper form at the AIR LIQUIDE distribution point accompanied by the bottle to be exchanged.
20.4 This exchange voucher is sent by post within 48 working hours of the order.
Article 21 – Returning Gas Bottles
21.1 The Customer may return the gas bottle(s) in their possession at any time. To do this they must present the “return voucher” in paper form in order to return their gas bottle.
21.2 If a Customer does not return the gas bottles concerned they shall be liable to pay a fixed penalty payment of four hundred (400) Euros, including all taxes, per unreturned bottle.
Article 22 – Withdrawal Deadline
As per Article L 121-6-16-2 of the Consumer Code, Section 2 of the first chapter of Title II of the first book of the same Code on contracts concluded remotely and off-premises does not apply to distance selling of gas bottles.
In accordance with the aforementioned provisions of the Consumer Code, the Customer does not have the right to withdraw with regard to the distance purchase of one or several gas bottles.
Article 23 – Confidentiality
TECHNO BAM authorizes Google Analytics to collect data on its traffic via login details and Google advertising cookies, as well as information collected via standard implementation of Google Analytics.
TECHNO BAM guarantees not to identify users and does not authorize the combining of data where internet users can be personally identified with anonymous data collected via Google features or advertising products, except with the prior consent of the user of the www.qista.com website (through activation). As regards such identification or combining of data, a Google Analytics feature is expressly responsible for this identification or combination. Irrespective of user consent, TECHNO BAM undertakes not to distribute the data Google collects globally.
Consumer ombudsman
Organization name : ANM CONSOMMATION
Adress : 2, rue de Colmar 94300 Vincennes
Qista – Mosquito Traps
130 Avenue du Luberon
13560 Sénas
Tél. +33 (0) 806 110 640 (cost of a local call)
