GENERAL TERMS AND CONDITIONS OF SALE
Preamble/ Identity of the seller/ Access to professional and commercial rules (if applicable)
The preamble recalls the purpose of the general sales conditions. It also serves as a reminder, where applicable, that certain products on sale on the site are subject to special conditions of sale. The preamble also makes it possible to know the professional and commercial rules to which the seller intends to submit, if applicable.
The present conditions indicate in particular the following information:
The means of reproduction and archiving of these conditions
The legal notices of the site
The general conditions of use of the site
The essential characteristics of the goods offered
The different steps to follow for the conclusion of the online contract
The technical means of identification and correction of errors made during data entry
The languages offered
The methods of archiving and accessing the contract
The means of consulting the professional and commercial rules to which the seller intends to adhere
the legal and contractual guarantees
Delivery times, costs and methods
the follow-up of the delivery and the costs of the remote communication techniques
the price
payment methods and means of security
Details of how to exercise the right of withdrawal,
The duration of the contract and the validity of the price.
Last updated on 01/09/2018
To see the general conditions of use of the site
It is specified in advance that these conditions govern exclusively the sales, by the site
The present conditions are intended for a consumer who has full legal capacity. These conditions apply to all orders that you place on this site.
XXXXX is not the manufacturer of the goods on sale. The characteristics presented (photos, descriptions...) are taken from the information given by the supplier. Nevertheless, XXXXX respects the quality and the current manufacturing standards.
If the product and/or the characteristics do not correspond to the product received by the customer.
The present general conditions are presented in French.
We practice and are subject to the micro-company regime.
Section 1 - The different steps to follow for the conclusion of the online contract
Order
You make your selection by browsing the pages of our site. Your selections are added to your basket when you click on "Add to basket". At any time while browsing our site, you can validate your order by clicking on "Payment".
Validation of the contract
When you click on "Payment", a confirmation message appears. It summarises all the products and options selected. On this page, you can either update your basket by modifying quantities and/or deleting one or more items, or continue by ticking the box: "I accept the GTC" and "Secure payment".
You must check in this order form all the information transmitted, and in particular all the elements useful for the delivery (delivery address, digicode, telephones...) The preliminary collection of the elements of identification of the Net surfer (first name, surname, e-mail address, banking coordinates...) facilitates the stages of conclusion of the contract. The customer can therefore save his or her details by ticking the "Save my details for next time" box.
If you do not need to modify the form and want to continue your order, you must click on "Continue to shipping method".
To continue with your order, you must click on "Continue to payment method" and then "Place my order".
After payment on our secure server (see ''payment''), an acknowledgement of receipt is displayed. It confirms the registration of your order and informs you that a confirmation e-mail will be sent to you as soon as possible.
In the event of a risk relating to the availability of a product, we reserve the right to refuse an order for the same product above a certain quantity (over 100).
Technical means of identification and correction of errors
You have the right at any time to identify and correct any errors you may have made when entering your data. If you become aware of an error after the conclusion of the contract, you must contact us.
Section 2 - Archiving and access to the contract
We will archive contracts, order forms and invoices on a reliable and durable medium.
You have the right to access these documents for orders of 120 € or more.
Section 3 - Legal and contractual guarantees
Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the goods to the contract, in terms of hidden defects (available in appendix 1 of these conditions), we will refund, repair or exchange any product that appears to be defective, damaged or does not correspond to your order.
We will also reimburse you for the full cost of returning the product to us upon presentation of proof of purchase. (Photo, video, etc.)
In this case, we invite you to read our refund policy.
Responsibility
We do our best to satisfy you. We are responsible for the good execution of the present general conditions. Nevertheless, we cannot be held responsible for a fortuitous event, a case of force majeure, the unforeseeable and insurmountable act of a third party to the contract or for the non conformity of the product to a foreign legislation in case of delivery in a country other than France.
Section 4 - Delivery times, costs and methods
Delivery terms
We will deliver the products to the address indicated on the order form.
Delivery time
We will deliver to you at the latest on the date indicated in your order confirmation message. (7 to 21 working days)
In the event of a delay in delivery, we will inform you by e-mail as soon as possible and we will 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 an equivalent quality or price.
Delivery costs
On XXXXX the delivery costs are free.
Delivery tracking
You can contact us by e-mail for any question relating to your delivery.
Nevertheless, we remind you that we offer you the service: "Order Notification" which gives you real time notifications about the status and progress of your order (On average, 1 notification every 2 days)
Section 5 - The price
The prices of our products are indicated in euros excluding taxes (VAT not applicable, art. 293 B of the CGI)
If you request delivery outside of France, your order may be subject to possible taxes and customs duties when it reaches its destination.
The payment of these duties and taxes is your responsibility and we invite you to check with the competent 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 dispatch. You are therefore free to cancel your order until it has been handed over to our carrier for shipment. As soon as your order is handed over for shipment, you will receive an email informing you that we will collect your payment.
However, it may sometimes happen that the payment is collected at the time the contract is concluded.
Methods of payment
You have several means of payment to pay for your purchases on this site.
- Either by credit card: Visa, MasterCard, American Express, other credit cards:
The payment is made on the secure bank servers of our partners STRIPE. This implies that no banking information concerning you transits via our site.
Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen.
-Or by PayPal :
With PayPal your financial information is never communicated to XXXXX. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.
Security
Payments via our site are subject to a security system. We have adopted the SSL (Secure Soket Layer) protocol to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer 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 your product. You do not have to justify your reasons or pay any penalty. With the exception of the return postage, which remains at your expense, we will reimburse you in full within 30 days of your withdrawal. At our suggestion, you may also choose another method of refund.
In accordance with the legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the particular specifications of the consumer or for audio, video or computer software recordings unsealed by the customer.
Section 6 - Duration of the contract and validity of the price.
The products remain the entire property of XXXXX until full payment has been received by PayPal or Stripe.
Our price offers are only valid within the double limit of the validity period of the offer concerned and the available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order.
Section 7 - Applicable law / Jurisdiction
The present conditions are subject to French law.
In the event of a dispute over the form or content of the order, the French courts shall have exclusive jurisdiction.
Section 8 - Contacting 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 Information
We collect your personal information for the management of your orders and the follow-up of our commercial relations.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, delete, rectify and oppose any personal data concerning you. All you have to do is write to us online at Customer Service, giving us your surname, first name, e-mail address, address and if possible your customer reference.
Annex 1: Provisions of the Consumer Code concerning the 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 existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L211-5
To be in conformity with the contract, the goods must :
1° Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-6
The seller shall not be bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L211-7
Defects of conformity that appear within six months of 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 not compatible with the nature of the goods or the alleged lack of conformity.
Article L211-8
The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L211-9
In case of lack of conformity, the buyer shall choose between repairing or replacing the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L211-10
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same option is open to him:
1° If the solution requested, proposed or agreed upon in application of article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the goods and the use he is seeking.
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 without any cost to the buyer.
These same provisions shall not prevent the award of damages.
Article L211-12
Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L211-13
The provisions of this section shall not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by law.
Article L211-14
A recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.
Annex 2: Provisions of the Civil Code concerning the guarantee against hidden defects
Article 1641
The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them.
Article 1642
The seller shall not be liable for apparent defects of which the buyer has been able to convince himself.
Article 1642-1
The salesman of a building to be built cannot be discharged, neither before the reception of work, nor before the expiry of a time of one month after the catch of possession by the purchaser, of the defects of construction or the defects of conformity then apparent.
There shall be no need to rescind the contract or to reduce the price if the seller undertakes to repair the defect.
Article 1643
The seller shall be liable for latent defects, even if he is not aware of them, unless, in that case, he has stipulated that he shall not be bound by any warranty.
Article 1644
In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him, as determined by experts.
Article 1645
If the seller knew of the defects of the thing, he shall be liable, in addition to the restitution of the price he received, for all damages to the buyer.
Article 1646
If the seller was unaware of the defects of the thing, he shall be bound only to return the price, and to reimburse the buyer for the expenses incurred by the sale.
Article 1646-1
The seller of a building to be constructed shall be bound, from the time of acceptance of the work, by the obligations which architects, contractors and other persons bound to the client by a contract for the hire of work are themselves bound to pursuant to Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.
These guarantees benefit the successive owners of the building.
There shall be no need to rescind the sale or reduce the price if the seller undertakes to repair 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 the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who shall be bound towards the buyer to return the price and to the other compensations explained in the two preceding articles.
But the loss which has occurred as a result of a fortuitous event shall be for the account of the buyer.
Article 1648
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for by Article 1642-1, the action shall be brought, on pain of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article 1649
It shall not be brought in sales made by authority of law.