GENERAL TERMS AND CONDITIONS OF USE AND SALE OF THE WEBSITE www.eumetrys-spareparts.com
Latest version in force: Septembre 1st, 2025
Welcome and thank you for your trust. Please find below the Terms and Conditions of Sale and Use of the website www.eumetrys-spareparts.com. Please note that EUMETRYS SAS provides its Customers and Users of its website with a customer service department that can be contacted as follows:
- By email at : contact@eumetrys.com
- Via the contact form on the Website
- By phone number: +33 972 216 466
- By post at the following address:
EUMETRYS SAS – 15 avenue du Granier – 38240 Meylan
Simplified joint stock company
With share capital of €100,000
Registered under Siret number 789 290 889 00011 in the Albi Trade and Companies Register
Registered at 42, Ave de l ‘Europe, 81600 Gaillac, France
Represented by its legal representative, Mr. Yannick BEDIN, President
GENERAL TERMS AND CONDITIONS OF USE AND SALE OF THE WEBSITE www.eumetrys-spareparts.com..
Preamble:.
SECTION I – Preliminary remarks –.
Glossary – Definitions of terms used.
SECTION II – ACCESS TO THE SITE AND OPERATION.
SECTION III – INTELLECTUAL PROPERTY AND USE OF TRADEMARKS.
SECTION IV – DESCRIPTION OF PRODUCTS AND SERVICES.
SECTION V – LIMITATION OF THE WEBSITE’S LIABILITY.
Article 15 – General limitation of liability and access to the website.
Article 16 – Data collected and privacy protection.
SECTION VI – General terms and conditions of sale applicable to all orders placed off-site (via quote)
Article 17 – Scope.
Article 18 – Order process.
Article 19: No right of withdrawal
Article 20 – Prices and payment terms.
Article 21 – Delivery.
Article 22 – Warranty.
Article 23 – Retention of title.
Article 24 – Dispute resolution.
Article 25 – Severability.
Article 26 – Non-waiver.
Article 27 – Modification of the Terms and Conditions.
Article 28 – Proof – Communication.
Article 29 – Election of domicile.
Article 30 – Entry into force – Acceptance.
SECTION I – Preliminary remarks –
This website, accessible at www.eumetrys-spareparts.com, is published by EUMETRYS SAS, identified above.
The purpose of the Website is to present the activities of EUMETRYS SAS in the field of sales and technical services related to equipment for the semiconductor industry.
EUMETRYS SAS collaborates exclusively with professional customers in a B2B context. It acts as a specialist intermediary in the supply of industrial spare parts and the provision of high value-added services, drawing on a network of qualified international partners.
The Website is an informational showcase. It does not allow users to place orders online or make payments. Any request made through the Website (contact form, quote request) will be processed individually, within the framework of a direct commercial relationship between EUMETRYS SAS and the professional customer concerned.
These general terms and conditions of use (GTCU) and sale (GTC) define the terms and conditions of access to the Site, the applicable rules of use, and the legal framework for commercial relations that may be entered into offline, following a request made via the Site.
Access to the Site implies unreserved acceptance of these TSU/TOS. These provisions are intended solely for professional users acting during their commercial, industrial, craft, or professional activities.
Glossary – Definitions of terms used
For the purposes of these Terms and Conditions of Use and Sale, the following terms shall have the meanings given to them below, whether used in the singular or plural:
- Site: the website accessible at [http://www.eumetrys-spareparts.com/] presenting the activities, products, and services offered by EUMETRYS SAS.
- Seller or EUMETRYS SAS: the company SAS EUMETRYS, referred to above.
- Customer: any legal entity or individual entrepreneur, registered and acting for professional purposes within the scope of their business, who requests information, a quote or an order from EUMETRYS SAS.
- Parties: refers collectively to the Seller and the Customer.
- Products: spare parts, equipment, consumables, software or systems described on the Website or in EUMETRYS’ technical documents, intended for professional use.
- Quote: the document issued by EUMETRYS SAS specifying the technical, commercial, and contractual terms and conditions of an offer. The Customer must expressly accept it to constitute an order.
- Order: the Customer’s firm commitment to order the Products described in the quote, after acceptance of these T&Cs.
- Terms and Conditions or T&Cs: this contractual document defining the conditions applicable to access to the Site, the issuance of quotes and the commercial relationship between EUMETRYS SAS and its professional Customers.
- Customer Account: the secure area (if applicable) accessible by login, allowing certain professional Customers to access documents, technical information or personalized quotes.
- Supplier: any third-party company involved in the manufacturing, supply or distribution chain of the Products offered by EUMETRYS SAS.
- Use of the Website: access, browsing or consultation of the Website for strictly professional purposes by any Customer or potential partner.
SECTION II – ACCESS TO THE SITE AND OPERATION
Article 1 – Access to the site
Access to the website www.eumetrys-spareparts.com is free and reserved for professional users.
The user acknowledges that they have the necessary skills and means to access and use the site.
EUMETRYS SAS make every effort to maintain access to the website 24 hours a day, 7 days a week, except in cases of force majeure, events beyond its control, or technical maintenance necessary for the proper functioning of the website. It cannot be held liable for any interruption or temporary unavailability of the website.
Article 2 – General functioning of the site
The sole purpose of the site is to present the activity, product categories, and services offered by EUMETRYS SAS.
It does not allow users to place orders or conclude online sales. No transactions can be conducted via the site.
Users may send EUMETRYS SAS a request for information or a personalized quote, in particular via the contact form. These requests are managed individually by the sales team.
The contractual terms and conditions applicable to all orders are specified in the quote issued by EUMETRYS SAS, which constitutes the main document. These T&Cs are intended to govern the use of the website and to supplement the commercial terms and conditions set out in each quote.
Article 3 – OPTION 1 No creation of a customer account
The website does not currently offer the option of creating a personal customer account.
However, the website reserves the right to introduce a business account creation feature at a later date, for the sole purpose of verifying the customer’s credibility, without allowing online orders to be placed.
If applicable, the specific terms and conditions of this feature will be defined in a dedicated section of these T&Cs, as well as in the terms and conditions appearing in individual quotes.
Article 4 – Language, accessibility, and compatibility
The site is available in English, German and French.
It is optimized for use on recent browsers from a device with standard internet access.
SECTION III – INTELLECTUAL PROPERTY AND USE OF TRADEMARKS
Article 7 – Intellectual property
All elements of the website, including text, technical descriptions, visuals, illustrations, photographs, PDF files, tables, downloadable documents, logos, domain names, as well as the tree structure, structure, and design of the website, are protected by intellectual property rights and, unless otherwise indicated, are the exclusive property of the website or its partners who have authorized their distribution.
The user undertakes not to reproduce, represent, modify, adapt, translate, extract, reuse or exploit, in any way whatsoever, all or part of the content of the site without prior written authorization.
Article 8 – References to third-party trademarks and non-affiliation clause
The trademarks and product names mentioned on the site may include, for information purposes only, references to third-party manufacturers (e.g., KLA, AMAT, TEL, LAM, etc.), whose names are used solely to identify the compatibility or origin of the parts offered. These trademarks remain the exclusive property of their respective owners.
The website has no legal, economic or capital ties with these brands and does not claim any affiliation or partnership with the manufacturers concerned, unless expressly stated otherwise in a quote or contract. Any mention of a brand or technical reference does not imply any agreement or approval on the part of the brand owner.
The trademarks mentioned are the property of their respective owners. Their mention on this website is solely intended to inform visitors about product compatibility. EUMETRYS SAS is not affiliated with, nor is it a partner or authorized distributor of these trademarks.
Article 9 – Prohibition of unauthorized reuse
Any unauthorized use of the elements of the site constitutes an infringement that may result in civil and/or criminal liability for the perpetrator.
SECTION IV – DESCRIPTION OF PRODUCTS AND SERVICES
Article 10 – Classification of products presented
The products presented on the website are exclusively parts and components intended for the semiconductor industry. They can be classified, according to their nature, into one of the following categories:
- OEM (Original Equipment Manufacturer): parts from original manufacturers.
- OPM (Original Parts Manufacturer): parts from manufacturers authorized to produce components for original equipment.
- Compatible or equivalent: parts manufactured by third parties, offering functional compatibility with original equipment.
- Refurbished/disassembled/used: parts that have been reconditioned or removed from existing systems, with their operating condition checked beforehand.
The products offered may be original manufacturer products (new or used) or compatible parts manufactured by third parties. Unless expressly stated otherwise, compatible parts are not manufactured or certified by the equipment manufacturers mentioned.
Article 11 – Transparency regarding the origin of products
For each product presented, the site endeavors to clearly and honestly state the nature, origin, and condition of the product. However, the information on the site is provided for informational purposes only and may be specified in the quote provided to the professional customer.
Unless otherwise stated in a validated quote, no guarantee of manufacturer origin or strict technical compatibility is provided by the site. The warranty conditions are those expressly provided for in these T&Cs, in the quote provided offline by the Seller, and in the special conditions of sale attached to the quote.
Article 12 – No commitment of availability
The website does not guarantee the immediate availability or real-time updating of the products presented. The presence of a product on the website does not constitute a commitment to stock or a firm offer to sell.
Any request for a quote or availability must be specifically confirmed by direct communication (email, telephone, contact form).
SECTION V – LIMITATION OF THE WEBSITE’S LIABILITY
Article 13 – Information published on the website
The website makes every effort to provide up-to-date, clear and accurate information about the products, categories and services presented. However, this information is provided for information purposes only and does not constitute a firm offer or a contractual commitment.
The website cannot be held liable for any errors, omissions or inaccuracies in the published content, with the exception of those directly originating from the website’s internal editorial services.
Article 14 – Use of information and commercial decisions
The user remains solely responsible for any decisions made based on the information available on the website. It is the user’s responsibility to check that the products are suitable for their needs and technical or regulatory requirements, and to request a quote or contact the website directly for any further information.
The site cannot be held liable for any direct or indirect damage resulting from the use of the information available online, in particular in the event of technical choices, purchasing errors, or inappropriate commercial use.
Article 15 – General limitation of liability and access to the website
The website takes all reasonable measures to ensure continuous, secure access that meets the expectations of its professional users. However, access to the website or certain features, including the secure professional area, may be temporarily suspended for maintenance, updates, technical improvements, or in the event of circumstances beyond the website’s control.
The site also reserves the right to suspend or deactivate access to a professional account in the event of:
- inaccurate, incomplete, or clearly falsified information is provided when creating or updating the account;
- fraudulent or abusive use or use contrary to the purpose of the site;
- behavior that damages the reputation, interests, or proper functioning of the site;
- prolonged inactivity of more than six (6) consecutive months, without connection or response to requests sent by the site.
In any event, the website cannot be held liable in the event of failure, interruption or restriction of access due to a case of force majeure, as defined by Article 1218 of the Civil Code, or to an unforeseeable and external event (network failure, cyberattack, unavailability of third-party servers, etc.).
Consequently, any external, unforeseeable and unavoidable event beyond the control of the parties, rendering the total or partial performance of the contract impossible, shall constitute a case of force majeure, including, but not limited to:
- natural disasters (floods, fires, storms, etc.),
- epidemics or pandemics,
- general interruptions or breakdowns in the supply of raw materials,
- external social conflicts, transport strikes, customs blockages,
- acts of war, terrorist attacks, government decisions,
- massive power cuts or cyberattacks affecting IT and communication networks.
In the event of such an event, the performance of the contract shall be suspended for the duration of the force majeure.
The prevented party undertakes to inform the other party without delay and to take all reasonable measures to limit the effects of the impediment.
If the force majeure event continues for more than sixty (60) consecutive days, each party may automatically terminate the affected contract, without compensation, by written notification to the other party.
Article 16 – Data collected and privacy protection
When using the website, certain personal data may be collected, in particular when browsing, sending a request via the contact form, or creating a professional account.
The website undertakes to process this data in a fair, lawful, and transparent manner, in accordance with the regulations in force, in particular Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and the French Data Protection Act No. 78-17 of January 6, 1978, as amended.
The user is informed that the methods of processing, storage, security, and their rights (access, rectification, opposition, etc.) are specified in the site’s Privacy Policy, which is available online. The use of cookies or trackers is also governed by the specific Cookie Policy available online.
SECTION VI – General terms and conditions of sale applicable to all orders placed off-site (via quote)
These general terms and conditions of sale apply to all orders for products or services presented on the website, provided that the order is placed offline, through a quote issued by EUMETRYS SAS and accepted by a professional customer.
The website does not allow direct online orders. All requests for supplies or services must be subject to a specific quote issued by EUMETRYS SAS, including the specific terms and conditions negotiated or agreed upon.
These general terms and conditions of sale apply only to relations between professionals (BtoB), to the exclusion of any sale to a consumer or non-professional within the meaning of the introductory article of the Consumer Code.
Unless otherwise specified in the quotation, they govern the terms and conditions of ordering, payment, delivery, warranty, and liability relating to the products and services listed on the website.
In the event of any contradiction between these general terms and conditions and the special conditions appearing in the quote, the latter shall prevail.
Any order for products or services presented on the website must be the subject of a formal request issued by the professional customer, using one of the means of contact provided (contact form, email address, telephone, dedicated professional area).
Following this request, EUMETRYS SAS will draw up a personalized quote specifying the essential characteristics of the products or services, the pricing conditions, the estimated delivery times, the payment terms, and any other special conditions.
The quote is valid for the period specified therein. In the absence of any specific indication, it shall be deemed valid for 30 calendar days from the date of issue.
The sales contract shall be deemed to have been formed on the date of receipt by EUMETRYS SAS of the customer’s written acceptance of the quotation, such acceptance constituting a firm and definitive commitment, unless otherwise stipulated in the quotation.
Any order thus validated implies the customer’s unreserved acceptance of these general terms and conditions of sale, supplemented, where applicable, by the special conditions set out in the accepted quotation.
Article 19: No right of withdrawal
The products and services offered by EUMETRYS SAS are intended exclusively for professionals acting within the scope of their business.
Although no orders can be placed directly on the website, transactions carried out electronically are similar to distance selling. In this context, the right of withdrawal provided for in Articles L221-18 et seq. of the French Consumer Code does not apply, except in the exceptional cases provided for in Article L221-3 of the same code.
The customer expressly acknowledges that:
– the contract concluded between them and EUMETRYS SAS falls within the scope of their main activity,
– and that he is acting as a knowledgeable professional.
By way of exception, a 14-day right of withdrawal may apply only if all of the following three conditions are met:
- the contract is concluded at a distance or off-premises;
- the customer employs no more than five employees;
- the contract does not fall within the scope of his main activity.
Except in this case, no withdrawal, cancellation, or return will be accepted after acceptance of the quote, unless otherwise specified in writing in the quote.
This clause applies without prejudice to any guarantees provided herein.
Article 20 – Prices and payment terms
20.1 The prices of products and services are expressed in dollars excluding tax. They are specified in the quote provided by EUMETRYS SAS, which is binding. Additional costs, in particular those related to packaging, shipping, or export formalities, may be applied depending on the nature of the order and the country of destination; these will be specified in the quote.
Unless otherwise specified, a deposit may be required upon ordering, particularly in the event of specific development, special procurement or customization of the service. The amount and terms of payment of this deposit are specified in the quote.
The terms of payment are those indicated in the quote. In the absence of specific details, the balance shall be paid within 30 days of the invoice date, by bank transfer to the account specified in the quote or on the invoice issued.
No discount will be granted for early payment.
20.2 In the event of late payment by the professional customer, late payment penalties will be automatically applied without the need for a reminder. These will be calculated on the basis of an annual rate equal to 8% above the Bank of France’s base rate, in accordance with international B2B commercial practices.
For sales made to customers established in France, late payment penalties shall also be calculated on the basis of a rate equal to three times the legal interest rate in force, and accompanied by a fixed compensation for recovery costs of $40, in accordance with Article L.441-10 of the French Commercial Code, unless proof of higher recovery costs is provided.
Failure to comply with payment terms may result in the suspension of all deliveries or even the cancellation of the order, without prejudice to the Seller’s other rights.
The transfer of ownership of the products sold is subject to full payment of the price, in accordance with Article 2367 of the Civil Code as provided for in the provisions of Article 22 hereof – retention of title clause.
21.1 – General terms
The products are delivered according to the conditions defined in the quote accepted by the professional customer and the Seller.
Delivery is made in accordance with the Incoterms 2020 specified in the quote or order confirmation. In the absence of any specific indication, the default Incoterm shall be EXW (Ex Works – departure from warehouse), unless otherwise agreed in writing.
21.2 – Transfer of risks
The transfer of risk occurs upon delivery of the goods to the designated carrier, whether delivery is organized by the customer or by the Seller.
The Seller shall not be held liable for any damage, loss or delay occurring after this transfer.
21.3 – Delivery times
Delivery times are indicative and may vary depending on logistical, customs, supplier or technical constraints.
The Seller nevertheless undertakes to use all reasonable means to meet the delivery times indicated in advance.
The customer acknowledges that no delivery time is guaranteed, unless expressly stated in the quote.
Failure to meet an indicative deadline shall not justify cancellation of an order or give rise to penalties, damages or compensation, unless otherwise agreed in writing.
21.4 – Partial deliveries
The Seller reserves the right to make partial deliveries without this constituting a breach of contract. Each partial delivery shall be invoiced separately.
21.5 – Specific export conditions
For all deliveries outside the European Union, it is the customer’s responsibility to check that the products comply with the regulations applicable in their country, in particular with regard to import, safety, technical standards, certifications, and local taxation.
The Seller shall not be held liable in the event of incompatibility or prohibition of use outside the EU.
22.1 Reminder
The products presented on the website are offered for strictly professional purposes. The customer expressly acknowledges that they are acting in a professional capacity, for the purposes of their business, and that they are able to assess the nature, performance, and limitations of the products offered.
In accordance with the contractual provisions, the products are sold on the basis of a quote accepted by the Seller and the professional customer, and the applicable warranties are those expressly stated in the quote or in any technical documents provided to the customer.
22.2 Exclusion of legal warranties
The customer acknowledges that, as a professional in the same field, any legal warranty, including the warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code, is excluded to the extent permitted by applicable law, except in the event of fraudulent concealment of a defect by the seller. This exclusion also applies to customers established abroad, provided that the contract is governed by French law.
In any event, warranty claims may only be made if there is proof of a defect that existed prior to the sale, was not apparent, and renders the product unfit for its intended use.
22.3 Possible commercial warranty
A contractual commercial warranty may be offered by the Seller, provided that it is expressly stipulated in the quote, for a limited duration, scope, and terms. In the absence of an express stipulation, no warranty of proper functioning, intended use, compatibility, performance, or conformity to a specific use is granted.
22.4 Limitation of obligations in the event of a defect
In the event of a defect recognized as attributable to the Seller, the Seller’s sole obligation shall be, at its sole discretion, either to replace or refund the product concerned, to the exclusion of any other compensation.
Under no circumstances shall the website or the Seller be held liable for indirect damages, loss of profits, operating losses, loss of data, commercial losses, or any economic or financial consequences, including in the event of a defect in the product delivered that is not the responsibility of the Seller.
The Seller’s liability, regardless of the cause or nature, is expressly limited to the amount paid by the customer for the product concerned, excluding any other form of compensation.
22.5 General exclusions from warranty
The warranty does not cover, in particular:
- installation, handling, storage or use that does not comply with technical or regulatory requirements;
- incompatibility with hardware or software that has not been previously approved by the Seller;
- damage resulting from abnormal use, lack of maintenance, third-party intervention or an external event.
Article 23 – Retention of title
The transfer of ownership of the products sold is expressly subject to full payment of the price, principal and ancillary costs, by the customer, even if payment terms have been granted.
This clause is stipulated in accordance with:
- Article 2367 of the French Civil Code, which allows the seller to retain ownership of the goods delivered until full payment has been made, and
- the general principles of international contract law and in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG), Article 4 of which excludes the effects of the retention of title clause on the property itself, but does not prohibit its contractual stipulation.
Consequently, this clause applies to the fullest extent permitted by the customer’s local law, unless otherwise required by mandatory provisions.
The customer undertakes to keep the delivered products in their original condition, without transformation or resale, until full payment of the price. The customer shall ensure that the products are identifiable, distinct and stored in such a way as to preserve the seller’s rights.
In the event of collective proceedings affecting the customer, the seller reserves the right to claim the unpaid goods under the conditions provided for in Article L.624-16 of the French Commercial Code.
The transfer of risk shall take place upon delivery, in accordance with the terms and conditions set out in the quotation or agreed between the parties, regardless of this retention of title clause.
Article 24 – Dispute resolution
24.1 Applicable law
These General Terms and Conditions of Use and Sale are governed by French law, to the exclusion of any other legislation.
They are written in English for international distribution. However, in the event of a dispute relating to their interpretation or execution, only the original English version shall be deemed authentic, without prejudice to the exclusive application of French law.
24.2 Mediation
It is hereby reiterated that mediation is not mandatory between professionals. However, in the event of a dispute concerning the interpretation, execution or validity of these general terms and conditions, the parties expressly agree to attempt to reach an amicable resolution through mediation.
This mediation may, at the discretion of the most diligent party, be initiated:
- either before the European Court of Arbitration – French Delegation, which has jurisdiction over any commercial dispute relating to the activity of the website, whose contact details are as follows:
European Court of Arbitration – French Delegation
3 rue du Général Frère – CS 10033
67081 Strasbourg Cedex – France
Tel.: +33 (0)3 88 37 12 66
Email: info@cour-europe-arbitrage.org
Website: https://cour-europe-arbitrage.org
- or, for disputes within France, to the Business Ombudsman, a service under the Ministry of the Economy, which is responsible for assisting professionals in commercial disputes:
Business Mediator
Ministry of the Economy – 139 rue de Bercy – 75012 Paris
Referral platform: https://www.mieist.bercy.gouv.fr
Mediation will be conducted in accordance with the rules of the institution to which the dispute is referred, in force on the date of the request. The parties undertake to cooperate in good faith in the process, without this attempt at mediation preventing the exercise of any protective measures intended to preserve the rights or evidence of either party.
In the event of failure of mediation, the dispute shall be submitted to the exclusive jurisdiction of the Commercial Court of ALBI – FRANCE, including in the event of third-party proceedings, multiple defendants or urgent proceedings.
If one or more provisions of these General Terms and Conditions of Use and Sale are held to be invalid, illegal or unenforceable under any legislation or regulation in force, or following a final decision by a court of competent jurisdiction, such provision(s) shall be deemed not to have been written, without affecting the validity, legality or enforceability of the other provisions.
The other clauses shall remain in full force and effect, unless the invalid clause was essential to the contractual structure, in which case the parties shall endeavor to replace it with a valid equivalent clause reflecting the original intention.
The fact that one of the parties does not invoke, at a given time, any of the provisions of these General Terms and Conditions or a breach by the other party of any of its obligations shall not be interpreted as a waiver of the right to invoke said provision or obligation at a later date.
Any waiver of a right shall only be deemed to have been granted if it has been formalized in writing and signed by the party concerned.
Article 27 – Modification of the Terms and Conditions
The site reserves the right to modify these General Terms and Conditions of Use and Sale at any time in order to adapt them to changes in the service, the legal framework or the economic situation.
Professional customers who are already registered will be informed of any substantial changes by any appropriate written means, in particular via their professional customer area or the email address provided when opening their account.
Unless otherwise specified, the new Terms and Conditions will take effect within 30 days of notification.
Continued use of the site’s services after the amendments come into force does not constitute acceptance of the new Terms and Conditions, as business customers must be informed of any changes and expressly accept the new Terms and Conditions.
Article 28 – Proof – Communication
The parties agree that all electronic exchanges (emails, attachments, online confirmations, etc.) constitute valid proof of their mutual commitments, including for the acceptance of the GTC-GTCU or the confirmation of an Order.
These elements will be stored in the Company’s computer systems under reasonable conditions of security and integrity.
Article 29 – Election of domicile
For the purposes of these General Terms and Conditions of Use and Sale, the parties elect domicile:
- The website: at its registered office as indicated in the legal notice available on the home page.
- The professional customer: at the address indicated when creating their account, or failing that, in the last accepted quote.
All correspondence or notifications shall be validly sent to these addresses, unless written notification of a change of domicile is made in accordance with the procedures set out above.
Article 30 – Entry into force – Acceptance
These General Terms and Conditions of Use and Sale shall enter into force on September 1st, 2025
By accessing the site or creating a professional account, the customer acknowledges that they have read, understood, and accepted these Terms and Conditions without reservation.
The applicable Terms and Conditions are those in force on the date the account is created or, in the event of subsequent modification, on the date of their last acceptance by the customer.