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Terms and conditions

1 - GENERAL PROVISIONS

The following conditions apply to all our offers and deliveries.

Acceptance of any offer implies acceptance of these conditions, except in the case of specific provisions reproduced in the order confirmation, which alone shall bind the seller to its customer.

2 - OFFERS

It is the responsibility of the user to carry out the necessary checks regarding the transfer of the delivered package to the intended area of use. This responsibility shall not be borne by the seller. The user is also responsible for installation, compliance, and assembly studies. Even when special equipment is supplied at the user’s request, the seller only guarantees conformity with the specifications accepted and confirmed in writing in the order confirmation.

All studies, projects, and documents of any kind (including sketches, drawings, estimates, photographs, prints, etc.) provided by the seller or its representatives—whether or not resulting from specific paid or unpaid studies—remain the sole property of the seller.

Such documents must be returned upon request. The seller retains full intellectual property rights over its projects, studies, and documents, which may not be communicated, distributed, transferred, reproduced, or executed without the seller’s prior written authorization.

3 - ORDERS

All customer orders are subject to the express acceptance of the seller.

It is the responsibility of the buyer to ensure, prior to placing any order, that the products ordered may legally be imported, held, and used in the country of destination. Unless otherwise expressly agreed in writing, the seller shall not be held liable in the event of blocking, refusal, or seizure of goods by the customs authorities of the importing country due to local regulations. Any loss or damage resulting from such situations shall be borne exclusively by the buyer.

4 - PRICES

Prices are quoted exclusive of taxes, shipping, discounts, and rebates.
Unless the seller expressly agrees to a fixed option period and final price, prices are provided for information purposes only and are not binding.

Prices are established based on the economic conditions in effect at the time of the offer and for immediate order placement. Prices may be revised at the time of invoicing according to the applicable regulations in force at the date of contract signature.

5 - LIVRAISONS ET DÉLAIS

Regardless of the destination of the goods and the sales terms, delivery is deemed to have taken place at the seller’s premises. Delivery times are maintained as far as possible. Delivery and/or shipping times are always given for information purposes only. Any delay shall not justify the partial or total cancellation of an order, unless expressly agreed by the seller and duly specified in the order acknowledgment.

For orders outside the EU, taxes, customs duties, and any other delivery-related charges are the responsibility of the customer and are non-refundable.

Deliveries are made to the customer’s premises, and the customer undertakes to receive them. Should the customer require the company or carrier to leave the parcel(s) in an unsecured location (due to the customer’s absence or closure of premises), the company shall be discharged of all liability in the event of theft, damage, or accident.

Unless otherwise indicated, equipment is kept in stock and deliverable within 30 days after order validation.

The seller shall be automatically released from any delivery commitment in the following cases:

1/ If payment terms have not been observed by the customer.

2/ If the information to be provided by the customer has not been received in due time.

3/ In cases of force majeure or events such as lockdown, strike, epidemic, war, requisition, fire, flooding, tooling accidents, rejection of major parts during production, transport delays, or shortages of raw materials, as well as any other cause leading to total or partial work stoppage at the seller or its suppliers.

6 - RISKS AND PACKAGING

Goods travel at the customer’s expense and risk. Special packaging required for sea shipments is invoiced in addition to the goods. Packaging is never taken back.

7 - TRANSPORT

Transport operations, insurance, handling, and delivery to the place of use are at the expense, risk, and responsibility of the customer. It is the customer’s duty to check shipments upon arrival and to pursue, if necessary, claims against the carrier, freight forwarder, or shipping agent, even if shipment was for free.

8 - PAYMENT

Prices are calculated for NET payments without discount, under the conditions agreed at the time of order. Invoices must be paid by the due dates.

In the case of installment payments, failure to pay a single installment shall result in the forfeiture of the payment term at the seller’s sole discretion.

In the event of staggered deliveries, non-payment of one delivery shall entitle the seller to retain subsequent deliveries. Any delay in payment shall automatically result in the application of late-payment interest at the legal rate plus five percentage points.

No extension of payment terms may be granted to a defaulting buyer without proof of debt subrogation notification or the granting of specific guarantees in favor of the seller.

9 - RETENTION OF TITLE

The seller retains ownership of the goods delivered until full payment of the price has been made.

The buyer must insure the goods against loss and damage and must notify the seller of any measures taken by third parties concerning said goods, such as seizures.

In the event of non-payment of a single installment, the seller may demand the return of the delivered goods by any means, including registered letter, joint inventory, or formal notice issued by a bailiff.

The buyer may not avoid returning the goods to the seller, or to any person authorized by the seller, under penalty of damages.

Goods delivered under the retention of title clause must be recorded in the buyer’s stock with the mention “retention of title,” in accordance with applicable law. In the event of resale and/or transformation, the buyer undertakes, upon the seller’s request, to assign all or part of the receivables acquired from sub-purchasers, up to the amount still owed. Such assignment may be formalized by a written agreement of debt subrogation in favor of the seller, enforceable against third parties.

This assignment may be required in the following cases :
 • In the event of late payment,
 • In the event of protested bills or pledges,
 • In the absence of guarantees from a new client.

If the buyer refuses to provide such security, deliveries may be suspended at the seller’s sole discretion.

The seller reserves the right to remove or modify one or more product references at any time without notice.

10 - WARRANTY

1/ The seller guarantees the equipment it supplies against any defect in design, raw materials, manufacture, or execution, in accordance with the manufacturer’s warranty conditions and within the limits defined below. In case of product anomalies, the seller declines all liability, which lies solely with the manufacturer. The manufacturer remains solely responsible for the conformity of the delivered equipment.

2/ The warranty applies only if the customer has complied with the general obligations of this contract, particularly the payment conditions.

3/ The warranty is strictly limited to the equipment supplied by the seller and does not extend to other equipment in which the seller’s products may have been incorporated.

4/ When the buyer or a third party incorporates the seller’s products into other equipment, they alone are responsible for adaptation, choice, and suitability.

5/ Warranty periods :
• Motivation range : 1 year (excluding wheels and wheel accessories).
• Handi Life Sport Boccia balls (SUPERIOR range) : 2 years for sewing defects (cosmetic defects, such as surface marks, are excluded).
• Harness range : 30 days for manufacturing defects (excluding sewing).
Parahry / Bashto athletic : 1 year (excluding threading).
• Other equipment : 14 days from receipt (cosmetic defects excluded). After this period, warranty automatically expires. 

6/ The warranty only applies if the defect arises under normal conditions of use, as intended for such equipment or expressly indicated by the seller in writing.

7/ The warranty is limited to repair or replacement, at the seller’s expense and within a reasonable time, of equipment or parts recognized as defective by the seller’s technical services, returned carriage paid. The seller shall not be liable for any additional damages, including personal injury, damage to property other than the goods sold, loss of use, loss of business, or loss of profit.

8/ The warranty can only be invoked if the customer notifies the seller in writing without delay of the alleged defects, provides proof of their existence, and allows the seller or manufacturer to inspect and remedy them. Warranty does not apply if the equipment has not been returned in the condition in which it failed, or if it has been tampered with, dismantled, repaired, or modified by a third party, the user, or the customer.

11 - CLAIMS

All claims must be made within fifteen (15) days of receipt of the goods.

Return shipping costs are borne by the customer. Returned goods will be inspected upon receipt to verify their condition and the validity of the claim. Where applicable and upon agreement, defective goods may be exchanged for other supplies.

12 - RIGHT OF WITHDRAWAL

From the date of receipt of the package, the buyer has fourteen (14) days to return the order.

An email stating the reason for return must be sent to initiate the return procedure.
Custom-made equipment is not subject to the right of withdrawal.

13 - PLACE OF PERFORMANCE AND JURISDICTION

In the event of any dispute, the Commercial Court of Draguignan (France) shall have exclusive jurisdiction, even in the case of multiple defendants, incidental claims, third-party proceedings, or summary proceedings.

DISCOUNTS AND OFFERS

Any discounts or promotional offers are valid exclusively for purchases made on the Actinomie online store (www.actinomie.com) and are automatically applied by the store when the required conditions are met.

Such discounts and offers cannot be combined with other discounts and do not apply to manual offers or orders.

Discounts and offers are valid only on the dates specified, in the eligible countries and locations (as managed automatically by the online store), and while stocks last.

ACTINOMIE is a French simplified joint-stock company (SAS) with a share capital of 20000€, and the sole operator of this website.
Company registration (SIREN) : 891 566 085
Intra-Community VAT number : FR 91 891 566 085

Copyright © 2025 Actinomie | All rights reserved | Siren : 891 566 085

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