PLEASE READ THIS TERMS CAREFULLY. BY USING THIS WEBSITE / GETTING ANY QUOTATION OF PRICE FOR USED TEXTILE MACHINES FROM THIS WEBSITE AND ACCEPT OUR
USING COGLIANDRO.COM and BUYING any of these Products , YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement governs your use of this website : www.cogliandro.com.
COGLIANDRO Sas (“Business Name”) offers used textile machines for purchase on this Website. This Agreement includes, and incorporates by this reference, the sales policies and guidelines referenced below.
COGLIANDRO Sas reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
COGLIANDRO Sas will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
COGLIANDRO Sas encourages you to review this Agreement whenever you visit the Website and whenever you agree on the purchase of one of its machines, to make sure that you understand the terms and conditions governing use of the Website and Selling Terms.
This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with COGLIANDRO Sas for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
A / WEBSITE’s OPERATION AND USAGE :
This website is dedicated to the SALES AND PURCHASE OF USED TEXTILE MACHINES
We offers for sale several Second Hand Textile Machineries in all fields : Spinning, weaving, Dyeing, Non Woven, etc … to all our Potential Buyers. The Website allows any sellers of textile machines to use our service and mandate us to sell their Textile machines.
Our machines cannot be purchased directly through the websiten, You can only ask for a demand of quotation, demand of technical details or you can send us any information of machines you want to sell.
Unless you notify COGLIANDRO Sas sales reps through email at firstname.lastname@example.org , of your desire to opt out from further direct communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from COGLIANDRO Sas .
Opt-Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: email@example.com.
3. You may send a written remove request to COGLIANDRO Sas ; 29 rue du Lieutenant Colonel Duchâtelet ; 59200 TOURCOING / FRANCE
Machines Displayed Property and :
COGLIANDRO Sas has proprietary rights and trade secrets in the Machines featured on his website. You may not copy, reproduce, resell or redistribute any Machines displayed by Cogliandro on this Website. COGLIANDRO Sas also has rights to all trademarks and specific layouts of this webpage, including calls to action, text placement, images and other information.
All pictures related to our machines displayed are our property and they are not contractual. Buyers cannot use the Original Pictures displayed on this website in order claim any technical or condition differences.
Buyers are responsible to accept Machines and Conditions as it is and they are welcome to Inspect them before the purchase.
Technical details of all machines displayed on that website are right and registered in good faith by professional technicians of Used Textile Machines but they are not contractual.
All the Privacy policies related to the use of this website are described in the page dedicated to Privacy (RGPD) : see www.cogliandro.com to access this page.
B / TERMS OF SALES :
l - ORDER AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
All our sales and services are subject to an order form. Orders taken by our services are only valid if they are ratified by us in our offer or acceptance of order. Any order delivery implies unreserved acceptance of these general conditions, which cannot be modified by the contrary stipulations appearing on the customer's purchase orders or in these general conditions of sale or purchase.
Our delivery and completion times are for information only and any delays do not give the buyer the right to cancel the sale, refuse the goods, or claim damages.
II - SALE OF SECOND HAND EQUIPMENT
All our offers are made except sale in the meantime and the information given on our proposals and confirmations are given in good faith but without guarantee.
The prices awarded are understood to include any taxes, for equipment taken on site in the state it is in, disassembly, packaging and transport not included.
Ill- TRANSPORT – DELIVERY
Our goods travel at the risk of the recipient, regardless of the mode of transport or terms of payment of the transport price, carriage paid or postage due.
In the event of loss or damage during transport, complaints must be made immediately and confirmed within three days by registered letter to transport.
Delivery is carried out in accordance with the order, either by direct delivery of the product to the purchaser, or by simple notice of availability, or by delivery to a shipper or transporter on our premises. The buyer has a maximum period of 1 month from the date of the notice of availability of the Goods to collect them.
The costs related to the operations of removal of the goods are chargeable to the purchaser. Failing to withdraw the goods within this period by the purchaser, we may, at our option, either request the forced execution of the withdrawal of the goods, after placing prior notice without effect, either request the resolution of the sale, ipso jure and without summons, in application of the provisions of article 1657 of the French Civil Code, from the Day of expiration of the retirement period . We may also and in any event, request reimbursement of the costs of custody and / or maintenance of the goods from the expiration of the retirement period until their effective retirement.
Payments are made in cash (net without discount) or by Letter of Credit, unless otherwise expressly agreed in writing by us. Goods and services are provided at the price in effect at the time of ordering, expressed in euros and taking into account the VAT applicable on the day of the order: any change in the rate in force may be reflected in the price of the goods services. Any tax, levy, duty or other benefit payable under French or Community regulations or those of an importing country or a transit country are the responsibility of the purchaser. Unless otherwise agreed, the prices listed in the order are only valid for a maximum period of 3 months.
V- DELAYED PAYMENT
Any unpaid amount due on the invoice automatically entails, from the day following the settlement date on the said invoice, the application of penalties. Drafts that are unpaid on their due date are subject to the same late payment interest from the normal payment date. This late payment interest will be equivalent to three times the legal interest rate, plus a recovery allowance of € 40 (article L441-3 and L441-6 of the French Commercial Code). Failure to pay on a due date as well as failure to accept dates
Planned, we reserve the right to cancel any obligation to deliver or even partial service - In the event of late payment, the seller may suspend all orders in progress, without prejudice to any other course of action. In addition, all sums which would be due for other deliveries, or for any other reason, would become immediately due if the seller does not opt for the resolution of the corresponding orders. In no case may payments be suspended or be subject to any compensation without the seller's prior written consent.
Any partial payment will be charged first to the price of the services and to the price of the machines.
Any deterioration of the buyer's credit may justify the requirement of guarantees before the execution of the orders received.
VI - RETENTION OF TITLE CLAUSE
The goods remain the property of the seller until full payment of their price in principal and accessories. It is specified that the simple delivery of a title creating an obligation to pay, draft or other, does not constitute a payment within the meaning of this clause, the original claim of the seller on the buyer remaining with all the guarantees therein attached, including the retention of title, until the said bill of exchange has actually been cashed. The above provisions do not preclude upon delivery of the goods, the transfer to the purchaser of the risk of loss or deterioration of the goods subject to retention of title as well as the damage they may cause.
The buyer must take out insurance guaranteeing the risks arising from the delivery of the goods. The purchaser shall refrain from pledging or assigning as security the ownership of the goods, until the seller has received the full amount. The purchaser may not, for any reason or reason whatsoever, proceed to the resale of the goods acquired hereunder until their price has not been fully paid to the seller. Any modification, transformation or alteration of the goods is prohibited until full receipt of the price by the seller.
VII - RECEIPT AND RETURNS
Any dispute concerning the quality and / or the conformity of our goods or our works, excluding any transport dispute, must, to be admissible, be formulated explicitly by registered letter, at the latest within three days of the delivery or within 8 days of the end of the work. It will be up to the purchaser to provide any justification as to the reality of the defects or anomalies noted. He will have to leave to the seller any facility to proceed to the observation of these defects and to remedy them. He will not intervene himself or involve a third party for this purpose. No return of goods can be made without our written consent, this consent not implying in any event any acknowledgment of responsibility, except special declaration and / or prior value resulting in the increase of our invoice, our contractual liability may not exceed : € 15.24 per kilo of equipment entrusted, with a maximum of € 76,224.50 per claim and / or per event, without the compensation being able to exceed the initial value of the goods, packaging and routing included. Our responsibility can be engaged only insofar as all the operations would have been entirely carried out and designed by our care.
It is further agreed that our liability is limited to material damage caused to the goods to the formal exclusion of any claim for commercial damage or for any indirect damage.
Under this warranty, the only obligation incumbent on us will be, at our option, the free replacement or repair of the product or element that we have deemed defective; unless this method of compensation proves to be impossible or disproportionate. In any event, our contractual responsibility may not be engaged after the expiration of a period of 1 month from the provision of the goods or the report noting the performance of the services.
VIII - CASE OF FORCE MAJEURE
Fortuitous events or force majeure and in particular mobilization, war, total or partial strikes, lockouts, epidemics and interruptions of transport, fires and floods or any other cause hindering our activities allow us to cancel all or part of the orders whose execution was thus prohibited or suspended and without damages of any kind whatsoever. The quantities ready at the time of cancellation will be delivered to the customer who is required to take delivery.
IX - RESOLUTORY CLAUSE
In the event of non-performance of any of its obligations by one of the parties, this contract will be automatically terminated and without summons, without prejudice to any damages which may be claimed from the defaulting party.
All our sales are governed by French law. All our contracts are considered as stipulated and executed at Tourcoing, all disputes of any kind whatsoever and in particular those relating to the execution, termination, resolution, interpretation of our commitments and those of our co-contractors, to simple payment requests, fall under the exclusive jurisdiction of the Commercial Court of Roubaix-Tourcoing, even in the event of multiple defendants or third parties.
The creation of drafts or the acceptance of payment as well as the delivery methods do not imply novation or derogation from this clause conferring jurisdiction.