TERMS AND CONDITIONS OF SALE

Preamble/ Seller Identity/ Access to Professional and Commercial Rules (if applicable)

The preamble outlines the purpose of the general terms and conditions of sale. It also states, where applicable, that certain products sold on the site are subject to specific terms of sale. The preamble also provides information about the professional and commercial rules the seller intends to abide by, if any.

These conditions notably include the following information:

  • Methods of reproduction and archiving of these conditions
  • Legal notices of the site
  • General conditions of use of the site
  • Essential characteristics of the goods offered
  • The different steps to follow for the conclusion of the online contract
  • Technical means of identifying and correcting errors made during data entry
  • Languages offered
  • Methods of archiving and accessing the contract
  • How to consult the professional and commercial rules the seller intends to abide by
  • Legal and contractual guarantees
  • Delivery times, costs, and methods
  • Delivery tracking and costs of remote communication techniques
  • Price
  • Payment methods and security measures
  • Details on the exercise of the right of withdrawal,
  • Contract duration and price validity.

Last updated on 01/09/2018

To view the general conditions of use of the site

It is first specified that these conditions exclusively govern sales made through the site

These conditions are addressed to a consumer with full legal capacity. These conditions apply to all orders you place on this site.

XXXXX is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions, etc.) are based on information provided by the supplier. Nevertheless, XXXXX is committed to quality and current manufacturing standards.

If the product and/or its characteristics do not match the product received by the customer.

These general conditions are presented in French.

We operate under the micro-enterprise 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 cart when you click "Add to cart." At any time during your navigation on our site, you can confirm your order by clicking "Payment."

  • Contract Validation

When you click "Payment," a confirmation message appears. It summarizes all selected products and options. On this page, you can either update your cart by modifying quantities and/or deleting item(s), or proceed by checking the box: "I accept the T&Cs" and "Secure Payment."

You must verify all the information provided in this order form, especially all elements necessary for delivery (delivery address, access code, telephone numbers...). The prior collection of the internet user's identification details (first name, last name, email address, bank details...) facilitates the contract conclusion steps. The customer can therefore save their details by checking the "Save my details for next time" box.

If you do not need to modify the form and wish to continue your order, you must click "Continue to shipping method."

To continue your order, you must finally click "Continue to payment method" then "Place my order."

After payment on our secure server (see ''payment''), an acknowledgment of receipt will be displayed. It confirms the registration of your order and informs you that an email confirmation message will be sent to you as soon as possible.

In the event of a risk related to product availability, we reserve the right to refuse an order for the same product beyond a certain quantity (greater than 100).

  • Technical means of identifying and correcting errors

You can at any time identify and correct errors you made when entering your data. If you notice an error after the contract has been concluded, you must contact us.

Section 2 - Methods of archiving and accessing the contract

We will archive contracts, purchase orders, and invoices on a reliable and durable medium.

You have the right to access these documents for orders equal to or greater than €120.

Section 3 - Legal and contractual guarantees

  • Legal Guarantees

In accordance with current legal provisions regarding the conformity of goods to the contract, concerning hidden defects (available in Annex 1 of these conditions), we will reimburse, repair, or exchange any product that is apparently defective, damaged, or does not correspond to your order.

We will also reimburse you for all return costs upon presentation of proof. (Photo, video, etc.)

In this case, we invite you to read our refund policy.

  • Responsibility

We do our utmost to satisfy you. We are responsible for the proper execution of these general conditions. Nevertheless, our liability cannot be engaged due to a fortuitous event, an act of God, an unforeseeable and insurmountable act of a third party to the contract, or due to the non-conformity of the product with foreign legislation in the event of delivery to a country other than France.

Section 4 - Delivery times, costs, and methods

  • Delivery methods

We will deliver the products to the address indicated in the order form.

  • Delivery Time

We will deliver no later than the date indicated in your order confirmation message. (7 to 21 business days)

In case of delivery delay, we will inform you by email as soon as possible and propose a new date.

In case of unavailability of the ordered product, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.

  • Shipping costs

On XXXXX delivery costs are free.

  • Delivery tracking

You can contact us by email for any questions regarding your delivery.

Nevertheless, we remind you that we offer the "Order Notification" service which provides real-time notifications regarding the status and progress of your order (On average, 1 notification every 2 days).

Section 5 - 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 French territory, your order may be subject to potential taxes and customs duties upon arrival at its destination.

The payment of these duties and taxes is your responsibility, and we invite you to inquire with the competent authorities in your country. You must also verify the possibilities of importing or using the products you order from us in the destination country.

Section 6 - Payment methods and security measures

We only collect your payment at the time of shipment. You can therefore freely cancel your order as long as it has not been handed over to our carrier for shipment. As soon as your order is handed over for shipment, an email will inform you that we are about to collect payment.

Nevertheless, it may sometimes happen that payment is collected at the time of contract conclusion.

  • Payment methods

You have several payment methods available to pay for your purchases on this site.

- Either by bank cards: Visa, MasterCard, American Express, other blue cards:

Payment is made on the secure banking servers of our partners STRIPE. This implies that no banking information concerning you transits via our site.

Payment by bank card is therefore perfectly secure; your order will be registered and validated upon acceptance of payment by the bank you have chosen.

-Or by PayPal:

With PayPal, your financial information is never communicated to XXXXX. In fact, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.

  • Security

Payments made through our site are subject to a security system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you against potential intrusion, we do not store credit card numbers on our computer servers.

Section 7 - Satisfaction or your money back: terms for exercising the right of withdrawal

In accordance with legal provisions, within 14 days following receipt of your product, you can exercise your right of withdrawal. You do not have to provide reasons or pay any penalty. With the exception of return costs, which remain at your expense, we will reimburse you for the full amount paid no later than 30 days after your withdrawal. At our suggestion, you may also opt for another refund method.

In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's specific specifications, or for audio, video, or computer software recordings unsealed by the customer.

Section 6 - Contract duration and price validity.

The products remain the full property of XXXXX until full payment is collected by PayPal or Stripe.

Our price offers are only valid within the dual limits of the validity period of the offer concerned and available stock.

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/ Competent jurisdiction

These conditions are subject to French law.

In case of dispute on the merits or form, French courts will have sole jurisdiction.

Section 8 - Contact us/ after-sales service

If you wish to contact us, our customer service is available via the "Contact Us" page.

Section 9 - Personal information

We collect your personal information for managing your orders and monitoring our commercial relationships.

In accordance with the Data Protection Act of January 6, 1978, you have the right to access, delete, rectify, and object to your personal data. You simply need to write to us online at Customer Service, indicating your first name, last name, email 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 liable for delivering goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this was his responsibility under the contract or was carried out under his responsibility.

Article L211-5

To conform to the contract, the goods must:

1° Be fit for the purpose ordinarily 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;

- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention, and accepted by the latter.

Article L211-6

The seller is not bound by the public statements of 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

Any lack of conformity that becomes apparent within six months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.

Article L211-8

The buyer is entitled to demand conformity of the goods to the contract. However, he cannot contest conformity by invoking a defect he knew or could not have been unaware of at the time of contracting. The same applies when the defect originates from materials he himself supplied.

Article L211-9

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, considering the value of the goods or the severity of the defect. In such a case, the seller is obliged to proceed, unless impossible, according to the option not chosen by the buyer.

Article L211-10

If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have a portion of the price refunded.

The same option is available to them:

1° If the solution requested, proposed, or agreed upon pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's complaint;

2° Or if this solution cannot be implemented without significant inconvenience to the buyer, taking into account the nature of the goods and the use for which they are intended.

However, the sale cannot be rescinded 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.

These same provisions do not preclude the awarding of damages.

Article L211-12

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L211-13

The provisions of this section do not deprive the buyer of the right to bring an action for redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code, or any other contractual or extra-contractual action recognized by law.

Article L211-14

Recourse action may be exercised by the final seller against successive sellers or intermediaries and the manufacturer of the tangible movable good, according to the principles of the Civil Code.

 

Appendix 2: Provisions of the Civil Code concerning the warranty against hidden defects

Article 1641

The seller is bound by a warranty against hidden defects of the sold item that render it unfit for its intended use, or that so diminish this use that the buyer would not have acquired it, or would have paid a lesser price, had they known about them.

Article 1642

The seller is not liable for apparent defects that the buyer could have ascertained for himself.

Article 1642-1

The seller of a building to be constructed cannot be discharged, either before the acceptance of the works or before the expiration of one month after the purchaser takes possession, from defects of construction or apparent defects of conformity.

There shall be no contract rescission or price reduction if the seller undertakes to carry out repairs.

Article 1643

The seller is liable for hidden defects, even if they were unaware of them, unless, in such a case, it was stipulated that they would not be bound by any warranty.

Article 1644

In the cases of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having a portion of the price refunded, as determined by experts.

Article 1645

If the seller was aware of the defects of the item, they are liable, in addition to refunding the price received, for all damages to the buyer.

Article 1646

If the seller was unaware of the defects of the item, they shall only be liable for the refund of the price and for reimbursing the purchaser for the costs incurred by the sale.

Article 1646-1

The seller of a building to be constructed is liable, from the reception of the works, for the obligations that architects, contractors, and other persons bound to the project owner by a contract for work are themselves bound to fulfill under Articles 1792, 1792-1, 1792-2, and 1792-3 of this Code.

These guarantees benefit successive owners of the building.

There shall be no rescission of the sale or reduction in price if the seller undertakes to repair the damages 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 item with defects perished due to its poor quality, the loss falls on the seller, who shall be liable to the buyer for the refund of the price and other compensations as explained in the two preceding articles.

However, loss due to an unforeseen event shall be borne by the buyer.

Article 1648

The action arising from redhibitory defects must be brought by the acquirer within two years from the discovery of the defect.

In the case provided for by Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.

Article 1649

It does not apply to sales made by judicial authority.