The general terms and conditions of sale set out below are intended to govern all of the contractual relationships between SAS AMS and the customers wishing to use the service provided by AMS on the World Wide Web or via correspondence in order to make purchases.
The Client and AMS shall adhere unconditionally to them and the fact of sending an order to AMS using these services shall constitute declaration for the Client of this adherence.
In the event of disputes of any kind or opposition relating to the formation or the execution of the order, the Douai (59) commercial court shall be the sole competent court.

1- REGISTERING / OPENING AN ACCOUNT

The allocation of an AMS client number shall be done subject to the receipt of a document entitled “opening an account” or to it being filled in via the online form on the website www.ams-diffusion.com.

AMS reserves a right to agreement after receipt of this and study of the file.

If this is accepted, the conditions and payment method shall be assigned, as well as an AMS account number and an access code on the website for its secure section.

This opening of an account shall imply adherence to the general terms and conditions of sale as well as to the legal notices for the AMS site (http://www.ams-diffusion.com).

At any time, AMS may refuse a sale or amend the payment conditions according to the financial status of its creditor.

2- ORDERS

Any person wishing to place an order must identify himself by using their AMS account number as well as their login on the website.

Your orders may be placed either by fax to 0033 3 27 94 44 45 or by letter sent to the following address: AMS – ZA du Chevalement – Rue des Galeries – 59286 ROOST-WARENDIN FRANCE, or by email to contact@ams-diffusion.com or via our website at http://ams-diffusion.com.

As soon as you have confirmed your order, your commitment shall be considered to be valid and final.

All of our sales are considered to be made in Roost-Warendin (59).

3- PRICE

The applicable prices shall be those confirmed in the rate package during creation of the account.

All of the prices are before tax. This general rate shall be non-negotiable and shall be subject to change without notice. All instructions relating to the designation of references shall be considered to be non-contractual.

A flat rate fee of €5 before tax shall be charged on all orders of an amount less than 92 Euros before tax to cover administration costs.

AMS reserves the right to make mistakes and to amend the various communication materials and its website.

For prices with a note of “Contact us”, these shall be determined on a case by case basis upon request according to your purchase terms.

The products shall be provided at the prices in effect at the time of placement of the order.

Except for the items expressly specifying otherwise, the price shall not include shipping or delivery costs and, in particular, transportation costs.

ATTENTION: shipping will be free of charge for any orders of more than 350 Euros before tax, see conditions in the Delivery paragraph /5.

4- PAYMENT

The payment method shall be allocated to you during the opening of your account. However, this may be amended at any time depending of the state of the financial health of its creditor. The late payment of overdue bills to AMS may also amend your mode of payment.

During the course of a trade, we may require any payment guarantee which is deemed to be necessary.

Any sum paid as a guarantee shall be considered to be a deposit.

Our invoices are payable to Roost-Warendin (59) FRANCE, our payment conditions are as follows: Payment by bank transfer, cash payment or 30 days net.

In the event of a delay in payment and taking into account the obligations set out in article 3-1 of the law dated 31 December 1992 no. 92.1442, the purchaser shall automatically be liable for a penalty calculated by the application of 1.5 times the legal interest to the sums owed.

In the event of recovery through a debt collection agency or through legal channels, the sum shall be increased by 10 (ten) % for litigation costs.

For all payments after the due date, fixed compensation of 40 Euros shall be applied Decree no. 2012-1115/Law 2013.441-6.

No discount shall be granted in the event of early payment.

5- DELIVERY

Shipping costs shall be fixed and owed on all orders of less than 350 Euros before tax.

For deliveries in mainland France (excluding options and for any shipment with a value of less than 350 Euros before tax, the postage and packaging costs shall be paid by the purchaser and shall be applied to the invoice) above this threshold, shipping will be free of charge.

In the event of delivery abroad, the shipping costs shall be to be determined, but the free shipping rule shall apply for your French freight forwarder.

The delivery costs for Corsica shall be €20 in addition to the normal shipping costs for mainland France.

The net prices shall be communicated to you in your delivery note or in your order confirmation sent only upon request.

Upon receipt, you must sign the delivery receipt.

Orders will generally be shipped within 24/48 hrs in France. The delivery times shall be given for information purposes only.

The delivery times specified are understood to exclude weekends and public holidays. The delivery time shall run as from the day after the order date, subject to acceptance of the order, or the date of receipt of the payment in the event of settlement before shipping. In the event of extension of the delivery time beyond our control, we shall undertake to inform you at the earliest possible point.

The delivery times are provided for information purposes only and a delay may not give rise to any compensation payment nor to cancellation. By express agreement, an order may not be cancelled owing to a delay.

6- COMPLAINTS AND RETURNS

Check the good condition of your package and indicate any possible damage on the delivery receipt.

The client must ensure at the time of delivery that they have received the expected number of packages and that the products are in good condition.

If the product(s) delivered do not conform in type or quantity to the specifications set out in the delivery receipt attached to the shipment, or if they have suffered damage in transit, the client must fill in the delivery slip clearly describing their reservations and indicating the damage to AMS by email to the webmaster and by recorded letter addressed within 48 hours to: ZA du Chevalement – Rue des Galeries – 59286 ROOST-WARENDIN FRANCE.

If the product has been delivered by a carrier, the client must refuse the product which will be reclaimed by the delivery person.

The goods are always transported at the risk of the buyer, who shall undertake to make any statement necessary on the release document in the event of damage or of missing goods and to confirm their justified reservations by recorded letter to the carrier within the 2 DAYS following receipt (article 105 of the commercial code).

Failure to observe the rules above shall preclude any action against the carrier.

ATTENTION: oral reservations or reservations by ordinary letter with the note “subject to checks” affixed to the release document have no legal value.

Complaints regarding the quality of the goods, to the exclusion of any dispute regarding transport, must be made by recorded letter within the eight days as from the delivery date when dealing with a defect which is not apparent at first sight. Such a complaint may not under any circumstances justify failure to tender payment on the buyer’s part. In all cases, the seller must be given the opportunity to determine the condition of the goods for itself and without delay. Our company may not be held liable beyond the simple replacement of goods which are acknowledged to be non-compliant. We will not accept any returns without first having authorised them.

7- WARRANTY

General terms and conditions of the AMS product warranty :
In addition to the legal warranty for latent defects, AMS guarantees the product which you have bought solely against any manufacturing defects or failure of its electronic or mechanical components.
The warranty terms cover items which are acknowledged by AMS’ technical support service to be defective. These shall be repaired or, during the warranty period, AMS reserves the right to replace the defective product with repackaged product (like-new condition) or with a new product which is equivalent in terms of functionality and performance.
AMS may not, under any circumstances, be required to pay any financial compensation whether direct or indirect damage resulting from any downtime or loss of use of the product in question, regardless of the cause of this.

For products out of warranty: The buyer shall be liable for the labour, disassembly and reassembly, as well as transportation costs, for the product.
The goods are always transported under the responsibility of the buyer..

Duration of the warranty :
The product is guaranteed for a period of 2 years as from the date of sale to the end user knowing that the sale must take place within a period of 24 months following delivery to a dealership. The AMS invoice with the date of purchase as well as the dated deed of sale to the end user may be required.

The duration of the warranty for exchanged or repaired products is an additional 3 months as from the date of the AMS technical support service’s invoice.

Documents required :
The original of the invoice, or the purchase receipt, or the “Service” invoice must be included with the warranty claim in order for the warranty to be taken into account (delivery receipt with serial number corresponding to the device’).

Exclusion clauses :

The warranty may not apply if:

  • The damage is caused by lightning, water, fire, a drop, war, public disturbances, or any other cause which cannot be attributed to AMS.
  • The instructions for use or assembly instructions have not been observed (connection or installation error, incorrect supply voltage, incorrect use of the device).
  • The installation was not carried out by a professional.
  • Work on the device was carried out by a person not approved by AMS.
  • The serial number has been removed or modified, or if the warranty seals have been removed or broken.
  • The device has been transported without adequate protection.
  • The device has suffered damage as a result of corrosion or of installation in an inappropriate environment (humidity, dust, poor ventilation, presence of foreign bodies or insects).
  • The device has been modified or converted without authorisation (whether to bring the product into line with the technical and safety standards in force in another country or for any other reason).

We do not guarantee:

  • Glass breakage, breakage of the LCD surface, etc.
  • The deterioration of cables if they have been subjected to strains greater than those prescribed by AMS, if they have been subject to poor installation or to deterioration through various agents of animal nature (rodents, etc.), chemical products, etc.

Equipment which is not covered:
The following equipment is excluded from the warranty:

  • Accessories which do not form an integral part of the product (headphones, headsets, microphones, cables, etc.).
  • Wear parts (belts, batteries, bulbs, fuses, seals, reader heads, diaphragms, etc.).
  • Loudspeakers which have been subjected to forces beyond their specifications.

In addition, AMS shall not be held liable for damage generated by and to CDs, USB sticks or any other magnetic or digital read/write/storage medium used with its products.

Rejection of the warranty:
If the product is not covered by the warranty, a repair cost shall be estimated and sent to the approved Reseller by the AMS Technical Support Service.
The Reseller agrees to inform the AMS Technical Support Service of its decision: Acceptance of the repair quotation, return of the unrepaired product or authorisation for the destruction of the product.
A flat fee for the quotation shall be charged if the repair is not carried out.

8- DATA PROTECTION

You are, of course, entitled to view and amend the information which you have conveyed to us. The Data Protection Law dated 06/01/1978 gives you a right to access and correct the personal details which you have conveyed to us in order to process your order. We guarantee that we will not communicate your details to any other companies, with the possible exception of other companies in the AMS group which may offer you other services or benefits. In the event that you do not wish to be thus contacted, please inform us by letter, stating your surname, first name and address, addressed to: ZA du Chevalement – Rue des galeries – 59286 ROOST-WARENDIN FRANCE or by email: contact@ams-diffusion.com

9- PERSONAL DATA

The data collected under these terms and conditions of sale are collected by AMS and for it. Pursuant to the law dated 6 January 1978, the client shall benefit from a right to access, correct and object to the data collected. Any request for amendment and correction must be addressed by email to the Operator of the AMS site. AMS is the sole recipient of the information communicated by the client.

10- TITLE RETENTION CLAUSE

The data collected under these terms and conditions of sale are collected by AMS and for it. Pursuant to the law dated 6 January 1978, the client shall benefit from a right to access, correct and object to the data collected. Any request for amendment and correction must be addressed by email to the Operator of the AMS site. AMS is the sole recipient of the information communicated by the client.