Terms & conditions

1. Acceptance of conditions
2. Products information
3. Ordering terms
4. Delivery information
5. Order Cancellation
6. Pricing policy
7. Payment
8. Jurisdiction
9. Guarantee
10. Legal information, Privacy and Communications

1. Acceptance of conditions
The client acknowledges having acquainted him/herself, at the time the order is made, with the specific conditions of sale announced on this screen and declares expressly to have accepted them without reservation.
The present general terms and conditions regulate the contractual relations between E.M.B and the client, the two parties accepting them without reservation. These general conditions of sale supersede all other conditions appearing in any other document, except for prior express written dispensations.

2. Products information
The pictures illustrating the products are not part of the contract. If errors are found in them, E.M.B shall in any case be held liable for them. The majority of products offered to the clients by EM.B are available in our stockroom. A delay could be asked if the item is out of stock or in case of a manufacturing delay. In this case you will be immediately notified my mail or telephone by our services.

3. Ordering terms
The automatic system of order recording are considered as valid proof of the nature, contents and date of the order. E.M.B confirms the acceptance of the order to the client at the email address supplied by the client.
The sale is only concluded upon the confirmation of the order.
E.M.B reserves the right to cancel any order from a client with whom a dispute exists regarding the payment for a prior order.

The information stated by the buyer during the entry of the order is the responsibility of the buyer:
if an error is made during the entry of the address of the recipient of the order, the seller will not be held responsible for any impossibility to deliver the product.

4. Delivery information
After confirmation of the order, E.M.B promises to deliver to its transporters all items ordered by the buyer, within 48 work-day hours (pending the availability of the items - stock depletions - manufacturer delays). These transporters promise, by contract with E.M.B to deliver the order to the addressee at the addressed furnished by the buyer to E.M.B.

Concerning deliveries, the customer has to pay all taxes concerning importation of products, customs duties, value added tax and all other taxes according to the laws of the country where the order is received. All orders placed with E.M.B are for the personal use of the customers. E.M.B is removed from all legal responsibility if taxes are not paid by the customer.

Delivery will be carried out by agreed transporters chosen by E.M.B, depending on the destination country and the order details (weight, volume...). A delivery delay does not give the purchaser the right to claim damages and interest.

In the case of a technological product, the client will take special care to verify the good working condition of the delivered item, and to read the operating instructions provided. In the case of apparent default, the buyer has the right to return the item under the conditions presented in this document.

The following forces considered to be outside the control of the seller and relieve the seller of their delivery obligation: war, riots, fire, floods, strikes, accidents, and inability to be supplied. The merchandise always travels at the risk and peril of the addressee. Always check your package upon arrival. You have a period of 48 hours to notify the transporters in case of missing or damaged items.

For reasons of availability, an order could be delivered in multiple shipments to the client. If the client wishes to have items delivered to 2 different places, he/she must send 2 orders, with the corresponding delivery charges.

5. Order Cancellation
You have 7 days (beginning upon the receipt of the items) to decide whether you are satisfied with the merchandise. In case of exchange or reimbursement, take contact with E.M.B at marketing@emb-corp.com to give the return reason and obtain a return number to apply on your parcels. Then return the item(s) in their original state, in their original packaging, accompanied by any accessories, user manuals and documentation to the following address:

MID LOGISTICS
11 rue de la Longueraie
91270 VIGNEUX SUR SEINE
France

If you exercise your right to reject the order, E.M.B is required to reimburse the amount paid by the client, without fees, with the exception of the return shipping amount. The reimbursement must be made within 30 days of receipt of the returned item(s).

6. Pricing policy
Prices are shown in Euros.
The price indicated in the product description does not include shipping fees.
The price indicated in the order confirmation does not include Value Added Tax (VAT/TVA) except for France. Once the customer receives the shipping method confirmation, this price includes the price of the product, handling fees, packaging and preservation of the product, shipping fees and setup.

7. Payment
The price billed to the client is the price indicated on the order confirmation sent by E.M.B. The price of the products is payable according to the chosen method. The electronic payment is insured by the HSBC secure payment method.

In case of electronic payment, the order validated by the client will not be considered effective until the bankcard payment centers concerned have given their approval. In the case of refusal by the said bankcard centers, the order will be automatically cancelled and the client will be notified by email. In any case, E.M.B reserves the right to refuse any order from a client with whom there exists a dispute.

8. Jurisdiction
The present contract is subject to French law.
E.M.B cannot be held liable for damages of any kind, either material, intangible or corporal, resulting from the malfunctioning or misuse of products sold on this site, or from any modification of these products from their original manufactured state. The responsibility of E.M.B shall be limited in any case to the amount of the order, and they will not be held liable for simple errors or omissions which could subsist despite all the precautions taken in the presentation of the products. In case of difficulty in the application of the present contract, the buyer has the option, before taking any legal action, to seek an amicable solution, notably with the aid of: a professional association in the field, a consumer association or any other counsel of his/her choice. You are reminded that search for an amicable solution does not interrupt the 'brief delay' of the legal warranty, nor the duration of the contractual guarantee. You are reminded that, as a general rule and pending the assessment of the Courts, the respect of the dispositions of the present contract relative to the contractual guarantee assumes that the buyer honors his financial obligations towards the seller. Complaints or disputes will always be received with attentive benevolence, good faith always being presumed in the person who takes the trouble to present his/her situation. In the case of a dispute, the client will address him/herself first to the enterprise to obtain an amicable solution. Failing that remedy, the Commercial Court of E.M.B is the sole competent authority, regardless of the place of delivery or the method of payment accepted.

9. Guarantee
E.M.B guarantees that all the products selected are produced according the actual French conformity, security and environment rules. In any case, E.M.B cannot be held responsible for regulations and laws in effect in the delivery country.

In any event, the client has the benefit of the legal guarantee of eviction and of hidden faults (Article 1625 and following of the Civil Code). Under the condition that the buyer provides proof of a hidden fault, the seller must legally compensate for all consequences (Article 1641 and following of the Civil Code); if the buyer addresses him/herself to the court, he or she must do so within a "brief delay" starting at the discovery of the hidden fault (Article 1648 of the Civil Code). You can contact customer service from Monday through Friday by
phoning 33 (0)3 80 32 03 02 or by sending an email to: marketing@emb-corp.com

10. Legal information, Privacy and Communications
The collection of personal information is necessary for mail-order sales, this information being indispensable for the shipping and handling of orders, the settlement of invoices and warranty contracts. The omission of information will cause the order to be cancelled. In accordance with the "Information and Freedom" law, the handling of personal information relating to clients is subject to a declaration to the National Commission for Information and Freedom (CNIL). The client has (under Article 34 of the law of January 6, 1978) the right to access, modify, correct and remove information concerning him/herself, which can be exercised by modifying its customer information on www.komatsu-theexpertsline.com . Furthermore, E.M.B promises to not share, either freely or for payment, the addresses of their clients with any third party.

The current conditions of sale are regulated by French law, only the courts in DIJON, France are solely competent in case of dispute or litigation.

Identification

Company Name: E.M.B
Head Office :
12 rue du Cap Vert
21800 QUETIGNY - France
Tel: 33 3 80 32 03 02
Fax: 33 3 80 32 03 09
Siret: 499 836 989 00016
VAT number: FR 07 499 836 989
Email: marketing@emb-corp.com
Web Site : www.komatsu-theexpertsline.com