TERMS AND CONDITIONS OF SALE

Preamble/ Identity of the seller/ Access to professional and commercial rules (if applicable)

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

These conditions notably include the following information:

  • The means of reproduction and archiving of these conditions
  • The legal notices of the site
  • The general terms of use of the site
  • The essential characteristics of the goods offered
  • The different steps to follow for concluding the online contract
  • The technical means of identification and correction of errors made when entering data
  • The languages offered
  • The terms of archiving and access to the contract
  • The means of consulting the professional and commercial rules the seller intends to adhere to
  • Legal and contractual guarantees
  • Delivery times, costs, and methods
  • Delivery tracking and costs of remote communication techniques
  • The price
  • Payment methods and security measures
  • Details on how to exercise the right of withdrawal,
  • The duration of the contract and price validity.

Last updated on 01/09/2018

To view the general terms of use of the site

It is first specified that these conditions exclusively govern sales, by the site

These conditions are intended for a consumer who has 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 current quality and manufacturing standards.

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

These general conditions are presented in French.

We operate under the micro-enterprise scheme.

Section 1 - The different steps to follow for concluding 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 on “Add to cart”. At any time during your navigation on our site, you can confirm your order by clicking on “Payment”.

  • Contract Validation

When you click on "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 check all the information provided in this order form, and especially all the elements useful for delivery (delivery address, digicode, telephones...) The prior collection of the user's identification elements (first name, last name, email address, bank details...) facilitates the steps of concluding the contract. The client can therefore save their details by checking the box "Save my details for next time".

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

To continue your order, you must finally click on "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 will be sent to you as soon as possible.

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

  • Technical means of identifying and correcting errors

You have the ability at any time to identify and correct errors made when entering your data. If you discover an error after the conclusion of the contract, 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 exceeding or equal to 120 €.

Section 3 - Legal and contractual guarantees

  • Legal Guarantees

In accordance with the legal provisions in force relating to the conformity of goods with 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 not corresponding to your order.

We will also reimburse you for all return shipping costs upon presentation of supporting documents. (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 responsibility cannot be engaged due to an unforeseen event, a case of force majeure, the 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 to you no later than the date indicated in your order confirmation message. (7 to 21 working 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.

  • Delivery 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 service: "Order Notification" which gives you real-time notifications regarding 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 French territory, your order may be subject to any taxes and customs duties when it arrives at its destination.

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 check the possibilities of importing or using the products you order from us in the destination country.

Section 6 - Payment terms 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. Upon handover of your order for shipment, an email message will inform you that we will process your payment.

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

  • Payment methods

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

- Either by credit cards: Visa, MasterCard, American Express, other debit cards:

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

Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as 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 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 refund: 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 give reasons or pay any penalty. With the exception of return costs, which remain at your expense, we will refund 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.

Products remain the sole property of XXXXX until full payment of the price 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 regarding the substance or form, French courts shall 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 the management of your orders and the monitoring of our commercial relations.

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 obliged to deliver goods that conform to the contract and is liable for any conformity defects existing at the time of delivery.

It is also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter was carried out under its responsibility or was contractually its 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 their representative, particularly in advertising or labeling;

2° Or have 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 their representative if it is established that they were unaware of them and could not legitimately have been aware of them.

Article L211-7

Any conformity defects that appear within six months of the goods' delivery are presumed to have existed at the time of delivery, unless proven otherwise.

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

Article L211-8

The buyer is entitled to demand that the goods comply with the contract. However, they cannot dispute conformity by invoking a defect that they knew or could not have been unaware of when entering into the contract. The same applies when the defect originates from materials they themselves supplied.

Article L211-9

In the event of a conformity defect, 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, taking into account the value of the goods or the seriousness of the defect. In such a case, they are obliged to proceed, unless impossible, according to the option 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 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 following the buyer's complaint;

2° Or if this solution cannot be implemented without significant inconvenience to them, considering the nature of the goods and the use they intend.

However, the sale cannot be cancelled if the conformity defect is minor.

Article L211-11

The application of the provisions of Articles L. 211-9 and L. 211-10 shall be free of charge to the buyer.

These same provisions do not preclude the award of damages.

Article L211-12

Legal action arising from a conformity defect shall be time-barred two years after 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 arising from 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 property, according to the principles of the Civil Code.

 

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

Article 1641

The seller is bound to a warranty against hidden defects in the sold item that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, had they known of the defects.

Article 1642

The seller is not liable for apparent defects of which the buyer could have satisfied 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 construction defects or conformity defects that are apparent at that time.

There shall be no grounds for termination of the contract or reduction of the price if the seller undertakes to carry out repairs.

Article 1643

They are bound by hidden defects, even if they were unaware of them, unless, in that case, they stipulated that they would not be obliged to any warranty.

Article 1644

In the cases provided for in Articles 1641 and 1643, the buyer has the choice either to return the item and have the price refunded, or to keep the item and have a portion of the price refunded, as determined by experts.

Article 1645

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

Article 1646

If the seller was unaware of the defects in 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 bound, from the acceptance of the works, by the obligations for which architects, contractors and other persons linked to the client by a contract of work are themselves bound 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 grounds for rescission of the sale or reduction of 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 item with defects perished due to its poor quality, the loss is for the seller, who shall be liable to the buyer for the refund of the price and other compensations explained in the two preceding articles.

But the loss caused by a fortuitous event shall be at the buyer's expense.

Article 1648

The action resulting from redhibitory defects must be brought by the purchaser 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 order of justice.