Standard Terms and Conditions
ARTICLE 1: SCOPE
1.1 These standard terms
and conditions ("ST&Cs") govern all the sales of products to
professionals (the "Products") as offered on the website www.hilti.cd by SOCIETE STYLE DE VIE (SDV) SARL/U (the "Website").
1.2 Placing an order for
Products entails the Customer's full and unreserved adherence to these
ST&Cs. In accordance with the law,
these ST&Cs constitute the basis of the commercial negotiation and
consequently prevail over any contradictory provisions that may derive from the
Customer.
ARTICLE 2: DEFINITIONS
"Customer": Any legal entity or natural person purchasing
Products from the Seller, for strictly professional purposes.
"Order": Action for the Customer to accept these ST&Cs
by ticking the box "I have read and I accept the general conditions of
sale", select a Product on the order page and validate the order process
up to payment, according to the conditions set out in Article 3.
"Contract": Set of documentation consisting of the
Customer's Order, these ST&Cs and any potential specific agreement which
might be agreed upon by the Parties.
"Intellectual Property Rights": any information belonging to
the Seller or to any other person and in particular patents, trademarks,
designs and models, whether registered or not, logos, trade names, trade
secrets, copyrights, inventions, methods and original know-how, databases,
technical, commercial or financial information or any other intellectual
property right that is subject to protection in one or more countries.
"Party": The Customer on the one hand, and the Seller on the
other hand, referred to jointly as the "Parties".
"Products": All Hilti Products given on Hilti website.
"Website": www.hilti.rdc
"Seller": Hilti DRC or SOCIETE STYLE DE VIE (SDV) SARL/U .
ARTICLE 3: ORDERS
3.1 The Order is placed with
the Seller by the Customer by selecting one or more Products which, in
accordance with the selection, the Customer places in his "Shopping
Cart".
3.2 Before validating the Order, the Customer shall expressly accept
these ST&Cs, by ticking the box "I have read and I accept the general
conditions of sale".
3.3 The Order is only validated after the Customer provides the
information required for the successful completion of his Order. This
information is as follows:
Customer's name, billing address, email address, telephone number, WhatsApp Number (as applicable) and/or; and Delivery address and recipient’s telephone number.
3.4 The Customer warrants the accuracy of all this information. Should all or part of the delivery addresses
prove incorrect, thereby obliging the Seller to return the orders to its
warehouse, the Customer shall bear the consequences thereof and the Seller
shall be entitled to charge administrative and transportation costs associated
with returning the Orders.
3.5 The Customer's Order shall be systematically confirmed via email,
at the address indicated by the Customer when placing the Order. This confirmation email shall include, in
particular, Sale order in the Customer's name, summarizing the identifying
features of the Order.
3.6 In order to track the Order, the Customer may contact the Seller's
customer service department at the following email address: hilti.info@sdv-rdc.com or by calling at 00243829884283
3.7 The Seller reserves the right to refuse an Order from a Customer
with whom there is a dispute over the fulfilment or payment of a previous Order
or customer has rejection history of delivered order without any justifiable
reason or when the Customer has not complied with these ST&Cs.
ARTICLE 4: PRODUCT AVAILABILITY
4.1 The Order is placed subject to the availability of the Seller's
stocks. In case of shortage of supply,
the Seller shall inform the Customer via email of the additional delay
associated with a new production, partial delivery or cancellation of the
Order.
4.2 In case of shortage of supply, the Seller cannot be held liable
for the physical impossibility of honoring the Order.
ARTICLE 5: DELIVERY
5.1 In order to optimize the delivery, it is advisable to provide an
address to which the Order may be delivered during working hours.
5.2 The delivery times indicated are average delivery times, provided
for information only, and may vary according to the destination, weather and
law & order situations.
5.3 The delivery time for in-stock items is within 7 days, for
non-stock items by air 3-4 working weeks and for non-stock items by sea is 12
weeks from the time of Order.
5.4 The Seller's online sale department under its sales contract is
fully responsible for delivery and shipping, with the costs incurred being
integral to these transactions. Should a
dispute arise on delivery, any claim must be sent within 48 hours to the online
sale department of hilti.info@sdv-rdc.com
in addition to any reservations made to
the carrier under legal conditions.
5.5 Failing delivicated by the Customer within seven (7) working days
after the scheduled delivery date indicated by the Seller, the Customer may
cancel his Order by contacting the Seller at the following address: hilti.info@sdv-rdc.com, However, this cancellation shall not be
responsible when the Seller has been prevented making a delivery by a case of
force majeure, as set out in Article 12 of the ST&Cs and has informed the
Customer as soon as possible.
ARTICLE 6: PRICES
6.1 The prices are indicated on
the Website in Congolese Franc (CDF), excluding all taxes applicable in RDC,
& including processing and delivery costs.
6.2 The prices indicated may be changed at any time without advance
notice. However, the Products shall be
charged at the rate in force when the Order was validated.
ARTICLE 7: PAYMENT
7.1 The Order shall be paid either by Cash on Delivery once the order
has be delivered or Electronic Transfer once the Order has been placed/at the
time of order placement.
ARTICLE 8: PRODUCTS COMPLIANCE
8.1 upon each delivery of products, the customer must immediately
check that the delivery received, after paying the amount, complies with the
order placed. this check shall be
carried out using criteria which, unless specifically agreed in writing, are as
follows: compliance with the place and method of delivery, compliance with the
type and quantity of products delivered in relation to the quantity accepted
and acknowledged by the carrier when loading, and the condition of the packing
boxes.
8.2 If necessary, the Customer shall make his clear and precise
reservations on the carrier's slip.
Simultaneously, the Customer shall also send a copy of the letter to the
Seller by registered letter with acknowledgement of receipt.
8.3 Should the Product delivered to the Customer not comply with the
Order, the Customer may communicate the same at info@hilti-rdc.com and return
the product to the Seller if, the Seller so directs.
8.4 If non-compliance is proven and confirmed by the Seller, the
Customer may ask the Seller:
- either to have a Product delivered which complies to the one ordered
(provided it is in stock);
- or to have a Product of equivalent quality and value delivered
(provided it is in stock);
- or to be refunded for the price of the Product within thirty (30)
days of his claim through a cross check in the favor of customer.
8.5 In the event of proven non-compliance, the return costs of the
Product ordered and delivered to the Customer, in addition to any delivery of
another Product, shall be borne by the Seller.
ARTICLE 9: RETENTION OF TITLE
9.1 the seller shall retain full ownership of the products until the
complete payment of the price and incidental costs by the customer and actual
collection by the seller of the sums due under the contract at the time of
delivery (“cash on delivery” or “cod”).
until they are paid for in full, they shall remain in the custody of the
customer who must assume the risks thereof.
9.2 The implementation of this retention of title clause cannot have
any effect whatsoever on the transfer of risks to the Customer which takes
place upon receipt of the Products by the latter.
ARTICLE 10: USE OF THE WEBSITE AND PERSONAL INFORMATION
10.1 The use of the Website shall not confer any rights. All rights used or represented on the Website
shall remain the Seller's exclusive property and cannot be reproduced,
disseminated, sold, marketed or used for other than personal purposes by the
users, whether Customers or not, without the prior and written agreement of the
Seller.
10.2 Access to the Website is provided on an "as is" basis,
accessible according to its availability and with no guarantee from the
Seller. It shall be used at the user's
risk. The Seller does not warrant that
(i) the Website, the content and Products offered shall fully meet the user's
expectations, (ii) the Website shall be uninterrupted and free from all errors,
or that (iii) the Website shall not contain any viruses.
10.3 Computerized registries
are kept in the Sellers' IT systems under reasonable conditions of security as
proof of communications, orders and payments made by the Customer. Purchase orders and invoices are filed on a
reliable and durable medium. The Seller
shall take all steps to ensure the confidentiality of Internet exchanges and
transactions.
10.4 The Customer has a right
to access, modify, amend and delete his personal data by communicating at the
following email address: info@hilti-rdc.com. More specifically, when the Order
is placed and the Customer provides his personal data, he is asked to give his
authorization,
(i) if he wishes to receive information on the Seller's Products and
the Newsletter;
(ii) if he agrees to his data
being shared with the Seller's partners;
(iii) for the purposes of the guaranteed secure payment on the
Website.
10.5 Failing the Customer's express agreement by clicking on each of
these items, the Seller agrees not to make such a use of it.
ARTICLE 11: LIABILITY
11.1 Under no circumstances can the Seller be held liable for indirect
or unforeseeable damage in particular consequential loss such as financial and
commercial damage, loss of business, operating loss or loss of profits, loss of
earnings, loss of contracts or orders, or furthermore, loss of customers.
11.2 In any case, the amount of the Seller's liability to payment of
compensation for the sole cases of direct damage is limited to the total amount
of the Orders actually paid for by the Customer.
11.3 Neither is the Seller liable for the content of Websites on which
hypertext links may redirect away from its own Website.
ARTICLE 12: FORCE MAJEURE
12.1 The Seller cannot be held liable for failure to fulfil one of its
commitments to the Customer, if this failure is due to a case of force majeure
such as war, strike (in-house or at one of its service providers), lock-out,
accident, fire, ice, flood, bad weather, interruption or suspension of means of
communication and/or transport, blockade, blockage of exports, prohibited
import or export, cessation of production or delivery, regulatory decision of
an administrative supervisory body, etc.
12.2 In this situation, the Seller shall inform the Customer of this
impossibility and the measures taken to remedy it.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
13.1 The Products contain graphic, visual and textual elements and
illustrations (the "Intellectual Property Rights"), all protected by
copyrights, rights on the image, rights on models or trademark rights, the holders
or owners of which are either the Seller or third parties.
13.2 Under no circumstances can the failure to mention the holder or
the author be considered as rendering the Intellectual Property Rights free
from exploitation. The rights of use,
representation and reproduction over the Products shall continue to be held by
the Seller or by the holders of the rights as specified.
13.3 Any reproduction, copy, imitation, publication, communication,
marketing or use for commercial purposes of one or more of the Intellectual
Property Rights and on any medium whatsoever, whether partially or fully,
cannot be carried out without the prior and written authorization of the rights
holders.
ARTICLE 14: DISPUTE/APPLICABLE LAW
These ST&Cs, in addition to
any contract entered into pursuant to the ST&Cs, are subject to RD CONGO
law.
CUSTOMER SERVICE
Call: 082-988-4283