Refund policy

GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE PROVISION
These general terms and conditions set out the terms on which Assyst (hereinafter ‘Assyst’) sells products and/or invoices for services provided to its customers. These terms and conditions shall apply notwithstanding any contrary provision contained in the customer’s general terms and conditions of purchase or in any other document issued by the customer, unless otherwise agreed in writing between the parties.
ARTICLE 1: DEFINITIONS
For the purposes of these general terms and conditions and the contracts to which they apply, the following definitions shall apply:
– the term ‘purchase order’ refers to any document by which the customer orders products from Assyst or requests the provision of services, and by which the customer accepts these general terms and conditions;
– the term ‘purchase order’ refers to any document by which the customer orders products and/or requests the provision of services from Assyst;
– the term ‘results of the service’ refers to the results of the services provided by Assyst to the customer, excluding products;
– The term ‘Assyst’ refers to the company Assyst which invoices the client for services or manages the sale of products to the client;
– The term ‘service’ refers to any service provided by Assyst for the benefit of the client;
– The term ‘product’ refers to any product delivered by Assyst to the client.
These terms apply to both the singular and the plural.
ARTICLE 2: ORDER
Orders must be sent to Assyst by fax, email, post or electronic data interchange.
Orders placed by the customer shall only be binding on Assyst upon written confirmation from Assyst.
Once confirmed by Assyst, any order is deemed firm and final and may not be cancelled, amended or postponed without Assyst’s written consent.
Assyst accepts no liability for any inaccuracies, errors or other defects in the information provided by the customer.
Any changes made by the customer to product specifications shall only be deemed accepted following Assyst’s express prior written consent.
The customer is not authorised to assign to a third party the rights and obligations arising from an order, unless that third party has accepted the provisions of these general terms and conditions and obtained Assyst’s express consent.

ARTICLE 3: INTELLECTUAL PROPERTY
Notwithstanding any provision to the contrary, the processes and techniques, as well as the knowledge and intellectual property rights used, developed or improved by Assyst in the course of providing services, distributing or manufacturing products, shall remain the property of Assyst or its suppliers.
ARTICLE 4: PRICES – TERMS OF PAYMENT
All orders for services or products are payable net and without discount within thirty (30) days of the invoice date, unless otherwise agreed in writing between the parties.
Assyst reserves the right (i) to suspend or cease the provision of its services and/or the delivery of products and/or (ii) to require advance payment for any order in the event of non-payment of any amount due.
The products and/or items delivered shall become the property of the customer subject to full payment of all sums owed by the customer to Assyst in respect of the relevant order.
4.1 PRICES
The price stated on the order confirmation shall be deemed to be the price agreed between the customer and Assyst.
Unless otherwise stated on invoices issued by Assyst, no discount shall be granted in the event of early payment, whether in full or in part, of the amount due by the customer.
Prices are net and exclude tax.
Subject to any Incoterm clause agreed between the parties in the context of a specific contract and which derogates from these general terms and conditions, all taxes, bank charges, customs duties or other levies due in accordance with statutory provisions shall be borne by the customer.
If the company is subject to administrative reorganisation or insolvency proceedings, deliveries shall be made, at Assyst’s discretion, against advance payment or in cash, in accordance with the legal provisions in force.
4.2 LATE PAYMENT OR REFUSAL TO PAY
Any amount not paid by its due date:
– shall render all of Assyst’s claims immediately due and payable, including those not yet due;
– shall entitle Assyst to suspend the provision of its services and/or the delivery of products;
– shall entitle Assyst to demand the return of unpaid products;
– shall result in the application of an interest rate equal to three times (3 times) the statutory interest rate in force in the country of invoicing on the due date of the invoice in question.
Assyst shall invoice the customer for the costs of recovering all or part of the amounts due; these costs shall amount to at least forty (40) euros per invoice.
ARTICLE 5: DELIVERY
5.1 TERMS AND CONDITIONS – TRANSPORT
The products and/or services shall be delivered to the delivery address specified in the order confirmation. In the absence of any such specification, the products and/or services shall be delivered in accordance with FCA terms (Incoterms 2020).
5.2 DELIVERY TIMES
Delivery of the products and/or services shall, in principle, take place within the time limit specified in the order confirmation.
Assyst shall make every effort to meet this deadline. However, this deadline is merely indicative and, should it be exceeded, shall not justify the cancellation of an order nor give rise to claims for damages. A postponement of the delivery date may occur, in particular, due to difficulties in fulfilment, a change to the order accepted by Assyst, shortages of raw materials, transport constraints or for other reasons. The customer shall be informed of such a postponement as soon as possible. Adherence to the specified delivery time depends, in any event, on effective cooperation between the parties. In this regard, the customer undertakes to provide Assyst with all necessary information relating to the order.
In the event of a delay in the receipt of products and/or services attributable to the customer, Assyst is entitled to charge the customer for the storage costs of such products and/or services, as well as any additional transport costs arising therefrom.

5.3 CONFORMITY
The customer must check the products and/or services for quality and quantity upon receipt.
In the event of delivery of damaged and/or missing products, the customer must note, in the presence of the carrier, on the carrier’s delivery note, their reservations, the description of the damaged and/or missing products and the quantity of such products. The customer must also, within three (3) working days of receiving the products, send confirmation of their reservations to the carrier and to Assyst by registered post with acknowledgement of receipt; any claim made after the customer has resold the products and/or items delivered, or after they have been processed or modified in any way whatsoever, shall be null and void.
Claims for defects which, despite a thorough inspection, could not be identified within the time limit set out above must be made in writing and received by Assyst within fifteen (15) working days of the defects in question being identified, and in any event no later than thirty (30) days after the customer’s receipt of the products and/or services concerned.
If the customer does not assert any right to make a claim within the aforementioned time limits, this shall constitute an absolute and unconditional waiver of their right to claim.
If the customer proves that the products and/or services do not comply with the specifications, Assyst may, at its sole discretion, replace the non-compliant products and/or services at its own expense or refund the price paid by the customer in respect thereof.
ARTICLE 6: WARRANTY – LIABILITY
The risks associated with the products and/or items delivered are transferred to the customer upon delivery. If delivery is postponed at the customer’s request or for any other reason beyond Assyst’s control, the risks associated with the products and/or items delivered are transferred to the customer on the date of delivery originally scheduled.
The products and/or services are supplied ‘as is’. Assyst gives no warranty, express or implied, as to their marketability or their fitness for a particular purpose. The customer acknowledges that Assyst cannot foresee all the conditions under which the products and/or services may be used. It is therefore the customer’s responsibility to carry out their own tests prior to any use in order to verify the safety and suitability of the products and/or services for their needs, and to ensure that the use of the products and/or services – either on their own or in combination with other products – for specific purposes does not infringe any pre-existing intellectual property rights. All information provided by Assyst is provided without any warranty, express or implied.
In the event that Assyst or any of its directors, employees or agents is subject, in the context of legal proceedings against the customer, to a summons to appear, a court order or any other request from a public authority or a court, the customer shall be obliged to indemnify and reimburse Assyst for all costs and expenses, including, but not limited to, reasonable legal fees and court costs incurred by Assyst and/or any of its directors, employees or agents in this context.
ARTICLE 7: SUBCONTRACTING
Unless otherwise agreed in the purchase order, Assyst is entitled to subcontract, in whole or in part, the provision of services, the manufacture and/or the delivery of products to a third party with comparable quality standards and subject to equivalent confidentiality obligations.
ARTICLE 8: SALES TO PRIVATE INDIVIDUALS
Orders placed by private individuals are subject to product availability. Notwithstanding any provision to the contrary, the mandatory provisions of the legislation applicable to private individuals who have placed an order shall take precedence over the provisions of these general terms and conditions of sale.
ARTICLE 9: UNFORESEEN CIRCUMSTANCES AND FORCE MAJEURE
Any event which the defaulting party could not reasonably have foreseen or controlled at the time the contract was concluded shall be deemed to constitute a case of force majeure, given the inevitable, unforeseeable and uncontrollable nature of the event in question, and may constitute grounds for the termination or suspension of the obligations of either party, in particular in the event of government measures, war, terrorism, shortages of raw materials, failure on the part of the parties’ suppliers or subcontractors, traffic disruptions, bottlenecks or industrial disputes, viral infections, epidemics, earthquakes, fires, explosions, floods, lockouts, lockouts, embargoes, acts of God or any other cause beyond the reasonable control of the defaulting party, provided that the party invoking the force majeure event immediately notifies the other party and has made reasonable economic efforts to prevent or remedy such force majeure event; provided, however, that a party shall under no circumstances be obliged to resolve a disruption or industrial dispute. If the event of force majeure persists for ninety (90) days from the date of notification of the event, either party may terminate the purchase order by registered letter with acknowledgement of receipt or by any other equivalent means, and the termination shall take effect immediately.
ARTICLE 10: PERSONAL DATA
In the context of the commercial relationship governed by these general terms and conditions, each party may have access to and use the personal data of the other party’s employees, subcontractors, customers or suppliers (the ‘data subjects’) (hereinafter the ‘personal data’). Personal data is used to enable the proper performance of the contractual relationship. The retention period for such data must be strictly limited to what is necessary to achieve the aforementioned purpose. Personal data collected or processed by a party must be used in accordance with the provisions of the General Data Protection Regulation (‘GDPR’). In accordance with the GDPR, data subjects have the following rights: the right of access, rectification, erasure, objection and to have their data updated. Under certain conditions, data subjects may also have the right to data portability and to restrict processing. To exercise these rights, the customer may write to Assyst at the following address: contactRGPD@gazechim.fr.
If, after contacting Assyst, the customer considers that their data protection rights have not been respected, they may lodge a complaint with the relevant supervisory authority.