GENERAL TERMS AND CONDITIONS OF SALE
Introduction/ Seller's identity/ Access to professional and commercial rules (if applicable)
The preamble explains the purpose of the general conditions of sale. It also serves as a reminder that specific conditions of sale apply to certain products sold on the website. The preamble also states which professional and commercial rules the seller intends to follow, where applicable.
These terms and conditions include the following information:
Reproduction and archiving of these terms and conditions
Site legal notices
The general conditions of use of the site
The main characteristics of the goods offered
The various steps to follow to conclude the electronic contract
The technical means to identify and correct errors made when entering data
Which languages are offered
Procedures for archiving and accessing the contract
How to consult the professional and commercial rules that the seller intends to comply with
Legal and contractual guarantees
Delivery times, costs and procedures
Delivery tracking and costs of distance communication techniques
The price
Payment methods and security features
Details on how to exercise the right of withdrawal,
The duration of the contract and the validity of the price.
Last updated 01/09/2018
To view the general terms and conditions of use of the website
It should be noted in advance that these terms and conditions apply exclusively to sales via the website.
These terms and conditions are intended for consumers who have full legal capacity. These terms and conditions apply to all orders that you place on this website.
XXXXX is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions, etc.) are based on information provided by the supplier. XXXXX nevertheless respects the current quality and production standards.
If the product and/or its characteristics do not correspond to the product received by the customer.
These general conditions are presented in French.
We operate and are subject to the micro-enterprise regime.
Part 1 - The various steps in concluding an online contract
Ordering
You make your selection by browsing the pages of our website. Your selections are added to your shopping cart when you click on "Add to cart". At any time while browsing our website, you can validate your order by clicking on “Payment”.
Contract validation
When you click on “Payment”, a confirmation message will appear. It summarizes all the products and options you have selected. On this page, you can either update your shopping cart by changing the quantity and/or deleting one or more items, or continue by checking the boxes “I accept the terms and conditions” and “Secure payment”.
You must check all the information provided on the order form, and in particular all the information necessary for delivery (delivery address, code number, telephone number, etc.). The prior collection of identification data of the Internet user (first name, last name, email address, bank details, etc.) makes it easier to conclude the contract. Customers can therefore save their data by checking the box “Save my details for next time”.
If you do not need to change the form and wish to continue with your order, please click on “Continue to shipping method”.
To continue with your order, click on “Continue to payment method” and then “Place my order”.
Once you have paid via our secure server (see “Payment”), you will see a receipt of receipt. This confirms that your order has been registered and informs you that you will receive a confirmation email as soon as possible.
In the event of a risk related to product availability, we reserve the right to reject an order for the same product above a certain quantity (over 100).
Technical methods for identifying and correcting errors
You can identify and correct any errors made when entering your data at any time. If you become aware of an error after the contract has been concluded, you must contact us.
Section 2 - Archiving of contracts and access arrangements
We archive contracts, order forms and invoices on a reliable and durable medium.
You have the right to access these documents for orders of 120 euros or more.
Section 3 - Legal and contractual guarantees
Legal guarantees
In accordance with the current legal provisions on the conformity of the product with the contract, with regard to hidden defects (available in Annex 1 to these terms and conditions), we will refund, repair or replace any product that proves to be defective, damaged or does not comply with your order.
We will also fully reimburse you for the costs of returning the product to us upon presentation of evidence. (Photo, video, etc.)
If this is the case, please read our refund policy.
Liability
We will do our utmost to satisfy you. We are responsible for compliance with these terms and conditions, but we cannot be held responsible for unforeseen circumstances, force majeure, unforeseeable and unavoidable actions of a third party to the contract or the non-compliance of the product with foreign legislation in the event of delivery in a country other than France.
Section 4 - Delivery times, costs and methods
Terms and conditions of delivery
We deliver the products to the address indicated on the order form.
Delivery times
We deliver no later than the date indicated in your order confirmation. (7 to 21 working days)
In the event of a delay in delivery, we will inform you by email as soon as possible and propose a new date.
If the product ordered is not available, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.
Delivery costs
On XXXXX, delivery costs are free.
Delivery Tracking
You can contact us by email if you have any questions about your delivery.
However, we would like to remind you that we offer the “Order Notification” service, which provides you with real-time notifications on the status and progress of your order (on average 1 notification every 2 days).
Section 5 - Prices
The prices of our products are indicated in euros excluding VAT (not VAT, art. 293 B of the CGI).
If you request delivery outside of France, your order may be subject to taxes and customs duties when it reaches its destination.
You are responsible for paying these duties and taxes and we encourage you to check with the relevant authorities in your country. You must also check the possibilities of importing or using the products you order from us in the country of destination.
Section 6 - Payment methods and security measures
We will only collect your payment at the time of shipment. You are therefore free to cancel your order as long as it has not been handed over to our carrier for dispatch. As soon as your order has been handed over for dispatch, you will receive an email informing you that we will collect your payment.
However, payment may not be collected until the contract has been concluded.
Payment methods
There are several ways to pay for your purchases on this website.
- By bank card: Visa, MasterCard, American Express, other credit cards:
Payment is made via the secure banking servers of our partners STRIPE. This means that no bank information about you is transmitted via our website.
Payment by credit card is therefore completely secure; your order will be registered and validated as soon as the payment is accepted by the bank of your choice.
-Or with PayPal:
With PayPal, your financial information is never communicated to XXXXX. PayPal encrypts and protects your card number. Pay online by entering your email address and password.
Security
Payments via our website are subject to a security system. We have implemented the SSL (Secure Socket Layer) protocol to encrypt credit card information. To protect you from intrusion, we do not store credit card numbers on our data servers.
Section 7 - Satisfaction or your money back: How to exercise your right of withdrawal
In accordance with the legal provisions, you can exercise your right of withdrawal within 14 days of receiving the product. You do not have to give any reason or pay any penalty fees. With the exception of the return costs, which you must pay yourself, we will refund you the full amount within 30 days of exercising your right of withdrawal. At our suggestion, you can also choose another method of refund.
In accordance with the legal provisions, the right of withdrawal cannot be exercised for products that are made to order, according to the consumer's special specifications or for audio or video recordings or computer software that are not sealed by the customer.
Section 6 - Duration of the contract and validity of the price.
The products remain the exclusive property of XXXXX until full payment has been received via PayPal or Stripe.
Our price offers are only valid within the double limit of the validity period of the current offer and available stock.
Our offers of goods and prices are valid if they are displayed online on the website on the day the order is placed.
Section 7 - Applicable law/jurisdiction
These terms and conditions are governed by French law.
In the event of a dispute regarding form or content, the French courts shall have exclusive jurisdiction.
Section 8 - Contact us/after-sales service
If you wish to contact us, our customer service department is at your disposal via the “Contact us” page.
Section 9 - Personal data
We collect your personal data in order to manage your orders and monitor our commercial relations.
In accordance with the French Personal Data Act of January 6, 1978, you have the right to access, delete, rectify and object to any personal data concerning you. All you need to do is write to us at customer service and provide your surname, first name, email address, address and, if possible, your customer reference number.
Appendix 1: Consumer Code provisions on legal guarantee of conformity
Article L211-4
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L211-5
To be in conformity with the contract, the goods must:
1° be suitable for the purpose normally expected of similar goods and, where applicable:
- correspond to the description given by the seller and have the characteristics presented by the seller to the buyer in the form of a sample or model;
- have the characteristics that a buyer can reasonably expect on the basis of public statements made by the seller, the manufacturer or his representative, in particular in advertising or labelling;
2° or have the characteristics established by mutual agreement between the parties, or be suitable for a particular use desired by the buyer and of which the seller has been made aware and has accepted.
Article L211-6
The seller is not bound by public statements made by the manufacturer or his representative if it is proven that he was not aware of them and could not have been reasonably aware of them.
Article L211-7
Defects which become apparent within six months of the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is inconsistent with the nature of the goods or the alleged defect.
Article L211-8
The buyer has the right to claim that the goods are in conformity with the contract. However, he cannot contest the conformity of the contract on the basis of a defect of which he was aware or could not have been unaware at the time of concluding the contract. The same applies if the defect is due to materials supplied by the buyer.
Article L211-9
In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods.
However, the seller may not follow the buyer's choice if this choice would entail a cost that is manifestly disproportionate to the other alternative, taking into account the value of the goods or the seriousness of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L211-10
If it is impossible to repair or replace the goods, the buyer may return the goods and obtain a refund of the price, or keep the goods and obtain a partial refund of the price.
The same option is available to him:
1° If the solution requested, proposed or agreed in accordance with Article L. 211-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience to the buyer, taking into account the nature of the goods and their intended use.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L211-11
The application of the provisions of Articles L. 211-9 and L. 211-10 shall be free of charge for the buyer.
The same provisions shall not prevent the award of damages.
Article L211-12
Any action resulting from a lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article L211-13
The provisions of this paragraph do not deprive the buyer of the right to bring an action for defects covered by Articles 1641 to 1649 of the Civil Code, or any other action of a contractual or extra-contractual nature recognized by law.
Article L211-14
The final seller may bring an action for recourse against successive sellers or intermediaries and against the manufacturer of the tangible movable property, in accordance with the principles of the Civil Code.
Appendix 2: Provisions of the Civil Code on the guarantee against hidden defects
Article 1641
The seller is liable for hidden defects in the object of sale which make it unfit for the purpose for which it was sold, or which impair that purpose to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, if he had been aware of them.
Article 1642
The seller is not liable for obvious defects of which the buyer has been able to convince himself.
Article 1642-1
The seller of a building to be constructed may not, either before taking over the work or before the expiry of a period of one month after the buyer has taken over it, be exempted from construction defects or defects which are obvious at that time.
The contract may not be rescinded or the price reduced if the seller undertakes to remedy the defect.
Article 1643
The seller is liable for hidden defects, even if he is unaware of them, unless he has decided that he shall not be obliged to provide any guarantee.
Article 1644
In the cases mentioned in Articles 1641 and 1643, the buyer has the choice between returning the goods and having the price refunded, or keeping the goods and having part of the price refunded, according to an expert's assessment.
Article 1645
If the seller knew of the defect in the thing, he is obliged, in addition to refunding the price he received for the thing, to pay all compensation to the buyer.
Article 1646
If the seller was unaware of the defect in the thing, he is only obliged to refund the price and to reimburse the buyer for the costs incurred in the sale.
Article 1646-1
The seller of a building under construction is, from the time of taking over the work, bound by the obligations which architects, contractors and other persons bound to the builder by a contract for the hire of work are themselves bound by under Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.
These guarantees apply to successive owners of the building.
It is not necessary to cancel the purchase or reduce the price if the seller undertakes to remedy the damage defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3.
Article 1647
If something that was defective has perished as a result of poor quality, the loss is for the seller, who will be liable to the buyer for reimbursement of the price and the other damages explained in the two preceding articles.
However, losses resulting from an accidental event will be for the buyer's account.
Article 1648
A claim resulting from defects in the goods must be brought by the buyer within two years of the discovery of the defect.
In the cases mentioned in Article 1642-1, the claim must, under pain of exclusion, be brought within one year of the date on which the seller could have been exempted from the defect or the obvious defect.
Article 1649
It does not apply to sales made by judicial authority.