Download the General Terms and Conditions of sale : GCS CYBSA 2017



The general terms and conditions of sale outlined below set out in detail the rights and obligations of CYBERGUN SA (seller) and its customer (buyer) in connection with the sale of the following goods: replica weapons, accessories and consumables, and more generally all products marketed on the CYBERGUN catalogue available on the website at www.cybergun.com
Any sale by CYBERGUN SA therefore implies the buyer's unreserved adherence to these general terms and conditions of sale.
These general terms and conditions of sale are subject to change without notice. CYBERGUN undertakes to provide its Customers with the latest applicable version on the website www.cybergun.com

CYBERGUN reiterates that the distribution and marketing of replicas are subject to strict compliance with the applicable regulation, and in particular Article 2 of Decree 99-240 of March 24, 1999, which stipulates that "The sale, distribution free of charge to minors or making available to them for consideration or free of charge of the products referred to in Article 1 of this Decree shall be prohibited."
The Customer shall be held fully liable and solely responsible in the event that it fails to comply with these provisions. Under no circumstances shall CYBERGUN SA's liability be incurred.

Any request to open an account must first and foremost be accepted by CYBERGUN SA and all information and supporting documents requested by CYBERGUN SA's sales department must be submitted:
    a corporate registration certificate (extrait K-Bis) issued within the last 3 months,
    banking information (Relevé d'Identité Bancaire),
    your bank's contact information (address, telephone number and name of the account manager),
    an intra-Community VAT number,
    these general terms and conditions of sale dated, signed, initialled and stamped with the company seal.

Account openings are charged 40 euros (excluding tax), which shall be reimbursed in the form of a credit note at the time of the first order.

4.    ORDERS
The placing of orders implies the formal, unreserved acceptance of these general terms and conditions of sale. Once the Customer's order is received, CYBERGUN reserves the right to either accept or reject it or to issue reservations. An acknowledgement of receipt does not constitute acceptance of an order by CYBERGUN.

5.    PRICE
The prices of the goods sold are those in force on the day of the order. They are denominated in euros and calculated net of tax. Accordingly, the prices shall be increased by VAT at the rate in force along with the transport charges which apply on the date of the order.
Changes in prices: CYBERGUN SA may, during the course of the contract, propose to the Customer a revision of its pricing conditions, whether upward or downward, in order to take into account the general evolution of prices, the variation of the euro/dollar exchange rate, competition and production costs of the products and to pass on in a fair and balanced manner these evolutions and variations, provided that the general economy of the agreement is not called into question and that the Customer can remain competitive. Notwithstanding the foregoing, CYBERGUN SA undertakes to invoice the ordered goods at the prices given at the time the order is recorded. Discounts, rebates and other payment deductions: The prices proposed include the discounts, rebates and other payment deductions which CYBERGUN SA might grant in view of its results or the buyer's assumption of certain services. Price errors: Even if CYBERGUN SA accepts an order placed by the Customer, in the event of a manifest price error made by CYBERGUN SA, the latter shall be entitled, within 30 days of accepting the order, to either:

-    invoice the Customer for the actual price of the product on the date of the order, or,
-    should the Customer prefer, to cancel the order or, if the products have already been delivered, take them back at its own expense.
Under no circumstances may the Customer benefit from a price less than the sales profit/loss threshold.


CYBERGUN SA shall retain title of the delivered goods as from the day on which they are delivered until full payment of the total sale price. Notwithstanding the foregoing, risk shall be transferred to the recipient as from the time the goods are made available. Delivery of a bill of exchange or any other instrument creating an obligation to pay does not constitute payment. In the event of non-payment, CYBERGUN SA shall be entitled to take back the goods or have them taken back at the Customer's expense. CYBERGUN SA may similarly claim the return of the goods and/or the payment of the price thereof from any subsequent purchasers. This clause constitutes an integral part of our general terms and conditions of sale and the Customer represents that it accepts it without reservation.

Payment of orders is made either:
-    by cheque;
-    or by credit card;
-    or by bank transfer;
-    where applicable, the other accepted means of payment are indicated on the invoice.

No discount will be granted for early payment.

Penalties for late payment: In the event that the delivered goods have not been paid in whole or part on the day of receipt, the buyer must pay CYBERGUN SA a late payment penalty equal to three times the statutory interest rate.
The statutory interest rate shall be the rate in force on the day of delivery of the goods.
This penalty shall be calculated based on the amount inclusive of taxes of the outstanding sum and shall be applied from the date the price is due without any prior formal notice being necessary.
Lump-sum compensation: In addition to the compensation for late payment, any amount (including the deposit) not paid on its due date shall automatically give rise to the payment of lump-sum compensation in an amount of 40 euros for recovery costs in accordance with the provisions of Articles L 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code (Code de commerce).

If the buyer has not paid the outstanding amounts within fifteen days following the implementation of the "Late Payment" clause, the sale shall be automatically cancelled and CYBERGUN SA shall be entitled to claim damages as a result.
CYBERGUN SA shall be entitled to terminate all agreements entered into with the customer as a result of the latter's failure to fulfil its essential obligation to pay the price of the goods sold by CYBERGUN SA.

Delivery is made:
-    either by handing over the goods directly to the buyer; or;
-    by shipment to the place indicated by the buyer on the purchase order.

The costs of carriage and insurance are entirely at the buyer's charge.  
Free shipping (solely within the territory of Metropolitan France) is applied to all orders over €1,000 excluding taxes.
The delivery time indicated at the time the order is recorded is given for information purposes only and is in no way guaranteed.
Consequently, any delay in the delivery of the products shall not entitle the buyer to: 

-    damages;
-    cancellation of the order, unless otherwise agreed in writing by CYBERGUN SA.

The transport risk shall be fully borne by the buyer.
In the event of missing goods or goods that have been damaged during carriage, the buyer must issue all necessary reservations on the purchase order form upon receipt of said goods. These reservations must also be confirmed in writing within three days of delivery by registered mail with acknowledgement of receipt, in accordance with the provisions of Article L 133-3 of the French Commercial Code (Code de commerce).

In connection with any sale of goods, the buyer expressly represents that it has not committed any act of infringement or concealment of infringement of the intellectual property rights (in particular copyright, design rights, trademark rights) of the owner of said rights, and undertakes not to commit any such act of infringement or concealment of infringement in any way whatsoever, including at the expiry of the sales contract.
Failure to comply with this clause shall result in the automatic termination of the contract and the buyer shall be liable to criminal and civil proceedings, including the payment of damages to the seller and/or the owner of the intellectual property rights.
The acquisition and distribution of GLOCK branded products are subject to the specific GLOCK terms and conditions, which can be viewed at http://www.cybergun.com/media/conditions_particulieres_glock__04992940 0_2026_26092017.pdf 

CYBERGUN SA remains bound by the warranties provided by law.
Subject to normal use of the goods, CYBERGUN SA warrants in particular the buyer against:
-    any lack of conformity as from delivery of the goods for one year for the buyer and,
-    any hidden defect under the conditions provided for in Articles 1641 et seq. of the French Civil Code (Code civil).

No warranty shall be applicable in the event of misuse, negligence or fault on the part of the buyer. 

CYBERGUN SA may not be held liable in the event that the non-fulfilment or delay in fulfilment of any of its obligations set out in these general terms and conditions of sale arise from a force majeure event. In this context, force majeure is understood to mean any event beyond the control of the debtor, which could not be reasonably foreseen at the time the contract was entered into, and the effects of which cannot be avoided through appropriate measures, impeding the debtor's performance of its obligation within the meaning of Article 1218 of the French Civil Code (Code civil).

Any dispute relating to the validity, construction and enforcement of these general terms and conditions of sale is subject to French law. Failing an amicable settlement, the dispute will fall under the exclusive jurisdiction of the courts of Paris (75).


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