The www.manitowoc-shop.com shop
General Terms of Sales

GENERAL POINTS

The www.manitowoc-shop.com e-shop is managed by the company PROMOPLUS, a partnership with a capital of € 100.380 registered in the Lyon Corporate and Trade Register under the number 323 649 053 and with head offices in Villeurbanne (69) France .

The general terms of sale cover relations between Promoplus and "The Customer".

"The Customer" designates any person, whether an individual or a professional, who confirms a purchase on the www.manitowoc-shop.com e-shop web site.
 

Promoplus general terms of sale.

Our general terms of sale can be viewed on the site and are dated according to the date on which they were last updated. Promoplus reserves the right to modify them at any given time. The general terms of sale applicable are those indicated on the date on which the order is made.

Customers who make an order on the web site of the www.manitowoc-shop.com e-shop in English or other languages are deemed to be making a purchase in France and are therefore liable to French law.

All customers of the www.manitowoc-shop.com e-shop declare that they are emancipated minors or have reached the legal age of consent. The customer shall confirm that he or she has read and accepted our general terms of sale by checking the box designed for this purpose. Only people legally capable of entering into contracts concerning the products and services provided by the www.manitowoc-shop.com e-shop can make orders on the site.

Sales contract language

The customer shall choose a language from the drop-down menu on the site.
 

The shop's products

The www.manitowoc-shop.com e-shop displays a photo and technical description of each item.
The products on offer are compliant with enforceable European legislation and applicable European standards. Promoplus shall not be held liable in the case of errors in the description and on the photograph supplied by the manufacturer.

Origin of the products

Promoplus, based in France, specifies the origins of every product in the www.manitowoc-shop.com e-shop in the product's technical description.

Price

Product prices are given in euros and US dollars, excluding tax for business users and inclusive of tax (French Value Added Tax at 19.6%) for personal users. They do not include delivery charges and order preparation charges.

Value Added Tax (VAT)
Within the European Union

Sale to an individual

Since individuals are not liable to VAT and not able to remit it to the tax authorities, the sale is subject to VAT at the  French rate (19.6%).

Sale to a company or to a member of the Manitowoc network.

The sale is exempt insofar as the purchaser is liable to VAT in his or her country.
In order to check this fact, the purchaser shall be required to provide us with his or her VAT identification number (called the European Union VAT number).

Outside the European Union

VAT is not applicable outside the European Union

Tax-free sale

If the customer does not reside within the European Union and if he or she is simply staying within the EU for less than six months, he or she may request a tax rebate form in order to recover the VAT on his or her purchases.
Before sending the form, he or she will be requested to produce documentary proof to show that all the necessary conditions are fulfilled. The conditions are those established by the French Customs. For further information, the customer should visit the web site of the French Customs. For each tax rebate form, the www.manitowoc-shop.com e-shop withholds 6.57 euros to cover administration costs.
The customer then has 3 months following the date of purchase within which to have his or her form and merchandise stamped by the customs at his or her exit point from the European Union, then 6 months to return to the www.manitowoc-shop.com e-shop the pink copy of his or her VAT refund request.
The invoice sent to the customer in the parcel containing the merchandise clearly shows the rate of VAT applicable and the amount payable after application of this rate.

Customs

There are no customs duties within the European Union.
Customs duties are only applicable on merchandise sold from within the European Union to a country outside the EU in which the buyer is located. In this case, the latter is responsible for paying these customs duties and any administrative costs that may be related. The seller is no longer liable for the merchandise once the product has been shipped to the address indicated by the customer.
As a reminder, French overseas departments and territories are considered as outside the European Union and are therefore liable to customs duties.

Delivery charges

Order preparation charges and the cost of transport are calculated in accordance with the content and weight of the parcel as well as the country of destination. They include insurance costs.

The customer zone

The customer must ensure that the data he or she supplies in the customer zone is accurate.

Orders

For any written or verbal communication between the customer and Promoplus (order tracking, product information, specific requests), French and English will be the only two languages accepted.

Making an order

Whether the customer is an individual (B2C sale) or a professional (B2B sale), he or she can make an order on the www.manitowoc-shop.com e-shop directly via the www.manitowoc-shop.com or www.manitowocshop.com web site.
When the customer makes an order on the site, he or she enters his or her details on an appropriate form. The customer is invited to re-read the form before confirming his or her order. The www.manitowoc-shop.com e-shop shall not be held liable for e-mail dispatch errors nor parcel shipment errors caused by an incorrectly filled in form.
Manitowoc subsidiaries or retailers must, prior to any order, make a request to open an account with the www.manitowoc-shop.com e-shop. They will be requested to send proof of their company name (the French K Bis registration certificate or equivalent) to this department.
Promoplus reserves the right, without need of justification, to refuse to open an account and impose payment in cash on-line.

Confirming an order

An e-mail is automatically sent to the customer to confirm his or her order, subject to authorization from the banking centers and provided the e-mail entered on the order form does not contain errors.

Cancelling an order

Any customer can cancel his or her order at any given time, unless it has already been invoiced.
In such a case, and if the customer does not actually want the products that he or she ordered, he or she must refuse the parcel on delivery, i.e., return the parcel without opening it having written on it the words "parcel refused". The amount of the order will be refunded by bank transfer after deduction of delivery charges and order preparation charges.

Product availability

Products are available within the limits of available stocks.

The arrival date of the next consignment is indicated to users. The site shall not take orders for items that are out of stock. Promoplus cannot be held liable for stock unavailability.

Payment

Payment methods

If the customer is a professional: payment by banker's card or by bank transfer. payment by banker's card only. The customer guarantees that he or she has the necessary authorizations to use these payment methods.
In the case of an online payment by banker's card, you access directly the entirely secured Banque Palatine's site (www.palatine.fr) available in 8 languages.

Non-payment

The www.manitowoc-shop.com e-shop reserves the right to refuse to carry out a delivery or take an order from a professional customer who has either partly or fully not paid for a previous order or with whom a dispute is currently before the courts.

Litigation

These terms of sale are subject to French law. The customer shall contact Promoplus to reach an amicable settlement. In the case of litigation, the competent court shall be that of the defendant's place of domicile or the choice of the party requesting the place of delivery.

Data protection and privacy legislation

In compliance with the French law on data protection and privacy (loi Informatique et Liberté) dated 6th January 1978, the customer has the right to access, rectify and oppose at any time all his or her personal data by writing via postal mail with proof of identification to Promoplus, 13 rue Emile Decorps, 69100 Villeurbanne, France. Furthermore, and pertaining thereto, the www.manitowoc-shop.com e-shop may be led to request the customer to provide all the necessary elements to release the order: proof of domicile, proof of identity, etc.

Confidentiality

Promoplus undertakes to not disclose or sell to third-parties the information provided by customers on the site.

Intellectual property

Any reproduction in part or in full of elements supplied by the site is forbidden. All the elements of the site www.manitowoc-shop.com are the property of Manitowoc.

Customer service

A French and English speaking customer service department is at your disposal:

By postal mail: PROMOPLUS, Service client Manitowoc, 13 Rue Emile Decorps - Parc Atlantique 69100 Villeurbanne France
By e-mail: manitowoc@promoplus.fr
By telephone: +33 (0)4 72 13 91 11
By fax: +33 (0)4 72 13 97 87

Retention of ownership

The www.manitowoc-shop.com e-shop shall retain the ownership of merchandise delivered until it is paid for in full by the customer.

Invoices

The customer shall receive the invoice with the delivery inside the parcel. The www.manitowoc-shop.com e-shop shall keep a digital copy of each invoice. Invoices relating to business purchases by Manitowoc employees shall be sent to Manitowoc's supplier accounting department. These invoices shall include the contact details of the employee concerned. The employee shall confirm receipt of the goods to his/her supplier accounting department.

Delivery times

If the www.manitowoc-shop.com e-shop has the product in stock, the delivery lead-time is equal to the order preparation time (5 days maximum) plus the time relative to the transport chosen by the client.
If the www.manitowoc-shop.com e-shop does not have the product in stock, the time taken for restocking of the product must be added to the order preparation time and the delivery time.
Once the initial lead-time has expired, a new lead-time will be sent to the customer, depending on the data available to the www.manitowoc-shop.com. In all cases, the customer will also be offered the possibility of having his or her order cancelled and/or refunded.

The www.manitowoc-shop.com e-shop informs the customer that the delivery times announced are those indicated by the carriers. It merely provides these times to the customer as guidance. The www.manitowoc-shop.com e-shop shall therefore under no circumstances be held liable for any failure to comply with these delivery times by the carriers.
These delivery times do not include Sundays or public holidays.

The customer is informed of these delivery times on the order form when making an order.

The customer will be able to use his/her tracking number to track shipment of his/her goods on the carrier's website or, if not possible, by contacting Promoplus' customer services department directly.

Delivery lead-times

If the www.manitowoc-shop.com e-shop has the product in stock, the delivery lead-time is equal to the order preparation time plus the delivery time.
If the www.manitowoc-shop.com e-shop does not have the product in stock, the time taken for restocking of the product must be added to the order preparation time and the delivery time.
Once the initial lead-time has expired, a new lead-time will be sent to the customer, depending on the data available to the www.manitowoc-shop.com e-shop. In all cases, the customer will also be offered the possibility of having his or her order cancelled and/or refunded.

Shipping

Packaging: the products shipped are packaged in compliance with enforceable standards. The procedures and techniques used are liable to change with a view to optimizing packaging.

Confirmation of orders

A customer who has made an order on the site shall be sent an automatic e-mail to confirm shipment of his or her product, on the condition that the e-mail entered on the order form is correct.

Parcel tracking

The shipment confirmation automatic e-mail that is sent to the customer mentions in particular the number of the parcel shipped. Using this number, the customer can track his or her parcel on the web site of the www.manitowoc-shop.com e-shop. The www.manitowoc-shop.com e-shop shall not be held liable for any bugs that may prevent the customer from tracking his or her parcel on the web sites of the carriers.

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Express transport

Depending on the destination and nature of the merchandise, Promoplus reserves the right to choose the carrier.

In the case of bulky merchandise (more than 3 palettes), Promoplus may suggest transport by road or sea.

To certain destinations, a cost proposal will be sent to the customer by email for validation, detailing the shipping cost (Free Domicile Duty Paid). The customer will then need to find his/her order in his/her customer space to validate the order.

Delivery

Absence on the day of delivery

When applicable, the carrier may leave a notification card asking the customer to contact the carrier or the depot nearest to his or her delivery location or to contact the carrier for an appointment.

Late delivery

In the case of a very late delivery, the customer can contact the www.manitowoc-shop.com e-shop in order to start enquiries as to the whereabouts of his or her parcel(s).

Parcel loss

In this case, the www.manitowoc-shop.com e-shop is obliged to respect the time periods imposed by La Poste (the French post office) or by the carriers concerning declaration of parcel loss and refunding of the shipment. As such, the customer is also liable to respect these time periods.

- As a result, the customer has a maximum period of 10 working days following reception of the e-mail confirming shipment of his or her parcel to declare as lost to the www.manitowoc-shop.com e-shop. Once this period has expired, no complaints shall be accepted.

- Furthermore, if the customer has declared his or her parcel as lost within the period set out above, the www.manitowoc-shop.com e-shop will bear the costs of the complaint dossier opened. In this case it is possible that Promoplus requests the customer to send all necessary documents required for the compilation of this dossier.

- Lastly, the final reply concerning loss enquiries is given by the carriers within a time period that may vary from one to three weeks. Two replies are possible: either the parcel is found and sent to the customer following the normal procedure, or the parcel is declared lost and the www.manitowoc-shop.com e-shop notifies the customer thereof and proceeds with a refund (of the amount invoiced) or carries out a second shipment at the customer's choice.

Receipt of the parcel

Handover of the parcel must be signed for by the addressee, or failing that, where applicable, the building warden or caretaker.
All products delivered must be inspected and any reservations must be included on the carrier's delivery docket in the case of partial or total damage. If no reservations are made, the product is deemed to be delivered in good condition and shall not be subjected to any objections at a later date.
All parcels unclaimed and returned to the www.manitowoc-shop.com e-shop may be re-shipped to the addressee at his or her cost.

Delivery errors

When the customer receives the parcel, for any non-compliance of products in type, quality or quantity in relation to the information on the invoice, he or she must lodge all complaints by telephone, e-mail or postal mail with the www.manitowoc-shop.com e-shop (in English or in French).
Any complaint concerning non-compliance that is not lodged in accordance with the rules set out above and within the defined period shall not be accepted and shall discharge the www.manitowoc-shop.com e-shop of all liability with regard to the customer.

Strikes

In the case of strikes by La Poste, the carriers or any other exceptional event that slows down or prevents delivery of the parcels, the www.manitowoc-shop.com e-shop will do the utmost to keep the customer informed of the shipping status of his or her parcel.

Withdrawal

If for whatever reason the customer is not satisfied with the product that he or she has purchased, article L120-20 of the French Consumer Code stipulates that he or she has the right to withdraw from the purchase within the 7 days that follow the receipt of his or her parcel, according to the date postmarked, with the understanding that the product must be returned in perfect condition for resale, i.e., complete in its original packaging with no signs of damage or malfunction. No returns for counter-refunds will be accepted.

The www.manitowoc-shop.com e-shop reserves the right to send incomplete parcels back to the customer. Returns are made at the customer's expense and under his/her responsibility. The www.manitowoc-shop.com e-shop recommends that returns are well packaged (interior and exterior: the original packaging must itself be packaged in a suitable box for transport) and insured. The www.manitowoc-shop.com e-shop shall not be held liable for any problems relating to damage or malfunctions caused during transport.

Procedure

The customer must inform the www.manitowoc-shop.com e-shop Returns Department of his or her intention to return the parcel before sending it back. He or she may do so by e-mail, telephone or postal mail (in English or in French).
If the above conditions are fulfilled, a refund for the value of the products as featured on the purchase invoice, excluding delivery charges, will be made within the 15 days following receipt of the product by the www.manitowoc-shop.com e-shop.
In any event, the www.manitowoc-shop.com e-shop reserves the right to charge the price of missing products.
The www.manitowoc-shop.com e-shop Returns Department does not deal with product faults or malfunctions. Any item returned in such circumstances shall be sent to the After Sales Service which will apply its own procedures to the product.
Finally, the www.manitowoc-shop.com e-shop recommends that the customer checks before sending that no data is left on the product, in particular any photos, videos, music, etc. The www.manitowoc-shop.com e-shop shall not be held responsible for the loss of such data.

Warranties

Contractual warranties

- The manufacturer's original warranty

Some items sold in the www.manitowoc-shop.com e-shop are contractually warranted by their respective manufacturers. The warranty agreement is entered into by the customer and manufacturer by the act of purchasing, with the purchase invoice witnessing the warranty agreement.
 

Legal warranty

The customer is protected by the legal warranty described in article L211-1 of the French Consumer Code which reiterates articles 1641 to 1648 of the French Civil Code. In particular, this warranty is due from the manufacturer if the product has a hidden defect.

Liability

The www.manitowoc-shop.com e-shop shall be discharged from its obligation to deliver in cases of force majeure.
The www.manitowoc-shop.com e-shop recommends that the customer checks before returning that no data is left on the product, in particular any photos, videos, music, etc.
The www.manitowoc-shop.com e-shop shall not be held responsible in the case where such data is lost.
The www.manitowoc-shop.com e-shop hereby disclaims all liability with regard to improper or incorrect use of the products that the customer has ordered.
The web sites linked directly or indirectly to www.manitowoc-shop.com are not under the control of the www.manitowoc-shop.com e-shop. As a result, under no circumstances shall the company be held liable regarding the information published on these web sites. Links to third-party web sites are only provided for your convenience and do not involve any endorsement of their content.

Similarly, the www.manitowoc-shop.com e-shop shall not be held liable for any inconveniences or damages arising from the use of the internet, in particular interruption of service, external intrusion or the presence of computer viruses.

Protection of personal data

In compliance with French data protection and privacy legislation (Loi Informatique et Libertés), customers have the right to access the computer data concerning them in our database. To exercise this right, they should simply contact the www.manitowoc-shop.com e-shop by telephone or e-mail at the number and/or address indicated above.
By postal mail: PROMOPLUS, Service client Manitowoc, 13 Rue Emile Decorps - Parc Atlantique 69100 Villeurbanne France
By e-mail: manitowoc@promoplus.fr
By telephone: +33 (0)4 72 13 91 11
By fax: +33 (0)4 72 13 97 87