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 serves as a reminder, where applicable, that certain products sold on the site are subject to specific sales conditions. The preamble also provides insight into the professional and commercial rules that the seller intends to adhere to, where applicable.

These terms notably include the following information:

• Methods of reproduction and archiving of these terms

• Legal notices of the site

• General terms of use of the site

• Essential characteristics of the goods offered

• Different steps to follow for online contract conclusion

• Technical means for identifying and correcting data entry errors

• Languages offered

• Archiving and access methods for the contract

• Method for 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

• Price

• Payment methods and security measures

• Details on how to exercise the right of withdrawal,

• Contract duration and price validity.

Last updated on 01/09/2024

To view the general terms 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 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 quality and current 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 and are subject to the micro-enterprise regime.

Section 1 - The different steps to follow for online contract conclusion

• 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 while browsing our site, you can validate your order by clicking "Checkout."

• Contract Validation

When you click "Checkout," 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 removing item(s), or proceed by checking the box: "I accept the T&Cs" and "Secure payment."

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

If you don't need to modify the form and want 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 appear. It confirms the registration of your order and informs you that a confirmation email 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 (greater than 100).

• Technical means for identifying and correcting errors

You have the ability at any time to identify and correct errors 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 product conformity to the contract, concerning hidden defects (available in Appendix 1 of these terms), we will refund, repair, or exchange any product that appears defective, damaged, or does not match your order.

We will also refund all return shipping costs upon presentation of proof. (Photo, video, etc.)

In such cases, we invite you to read our refund policy.

• Responsibility

We make every effort 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, force majeure, 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.

• 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 "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, article 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 process your payment at the time of shipment. Therefore, you can 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.

However, it may sometimes happen that payment is collected upon contract conclusion.

• Payment methods

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

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

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

Payment by credit 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. 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 need to provide reasons or pay any penalty. With the exception of return costs, which remain your responsibility, 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 recordings or computer software unsealed by the customer.

Section 6 - Contract duration and price validity.

Products remain the full property of XXXXX until full payment is received by PayPal or Stripe.

Our price offers are valid only 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 a dispute concerning the substance or the form, the 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 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. Simply write to us online at Customer Service, providing your first name, last name, email address, address, and if possible, your customer reference.

Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity

Article L211-4

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

He is also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter was charged to him by the contract or 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 in view of the public statements made by the seller, the producer, or their 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 their representative if it is established that they were not aware of them and could not legitimately have been aware of them.

Article L211-7

Defects of conformity that appear within six months from the delivery of the goods are 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 defect 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 when he entered into the contract. The same applies when the defect originated in materials he himself supplied.

Article L211-9

In case of a defect 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 this choice entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect. The seller is then 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 can return the goods and get a refund of the price or keep the goods and get a partial refund of the price.

The same option is available 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 to the latter, taking into account the nature of the goods and the use sought by the buyer.

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

Article L211-11

The provisions of Articles L. 211-9 and L. 211-10 shall apply at no cost to the buyer.

These same provisions do not preclude the award of damages.

Article L211-12

Legal action resulting from a lack of conformity shall be time-barred 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

A recourse action may be brought by the final seller against successive sellers or intermediaries and the manufacturer of the movable goods, 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 the warranty against hidden defects of the sold item which render it unfit for its intended use, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given a lower price for it, had they known about them.

Article 1642

The seller is not bound by apparent defects that the buyer could have verified themselves.

Article 1642-1

The seller of a building to be constructed cannot be released, either before the acceptance of the works, or before the expiration of a period of one month after possession by the buyer, from construction defects or conformity defects that are apparent at that time.

There will be no grounds for contract termination or price reduction if the seller undertakes to repair.

Article 1643

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

Article 1644

In the cases provided for in Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part 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 the restitution of 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 restitution of the price, and for reimbursing the buyer for the expenses 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 bound to the project owner by a contract for the hire of work are themselves bound under Articles 1792, 1792-1, 1792-2, and 1792-3 of this Code.

These warranties benefit successive owners of the building.

There will be no grounds for cancellation of the sale or reduction of the 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 warranty provided for in Article 1792-3.

Article 1647

If the item which had defects perished due to its poor quality, the loss is for the seller, who shall be liable to the buyer for the restitution of the price and for the other indemnities explained in the two preceding articles.

But the loss occurring by unforeseen circumstances shall be at the buyer's expense.

Article 1648

Legal action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

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

Article 1649

It does not apply to sales made under judicial authority.