GENERAL TERMS AND CONDITIONS OF SALE AND USE
Version 8.0.1 2019-01-04
1. Preliminary remarks
2. How to subscribe to orders and purchase process
3. Price of products, taxes and delivery charges
4. Payment Information
5. Delivery or provision
6. Customer service and right of withdrawal
7. Guarantee of products purchased on this site
8. Provisions specific to the nature of certain products
9. User Space
10. Exemption from publisher's liability
11. Information relating to the law Informatique et Libertés
12. Information relating to the collection of "cookies"
13. Intellectual property on the elements of the site
14. General provisions and applicable law
1. Preliminary remarks
a) Legal information
To comply with the provisions of the law for confidence in the digital economy of 21 June 2004, will be set out below the required legal information to allow the identification of the publisher of this website.
This site is published by SARL 66 ° NORD, SARL with a capital of 10000 €, registered with the trade and companies register of Bayonne under the number 512 994 096 00026, and whose registered office is located at Centre International d'Affaires,24 Bd M. Dassault , 64200 Biarritz. The publisher can be contacted by phone at +33 540771039 or by e-mail at the following address: email@example.com
VAT number: FR88512994096.
The director of the publication of the site is Olivier CHEVILLARD.
The editor is Olivier CHEVILLARD.
This site is hosted by 2CGI, headquartered at Les Rives de Capbreton | 1, rue des campeurs, box 46 40130 Capbreton, reachable by phone at the following number: +33 688082684.
This website was created using the open-source solution PrestaShop ™
This site is free and open to all internet users. It consists of a website selling products online.
c) Acceptance of the general conditions of sale
Subscribing to a contract governed by these terms and conditions with the publisher of this site assumes the acceptance, by the user, of said terms and conditions of sale. The user acknowledges the same fact having fully understood. This acceptance will consist in the fact, for the user, to validate these general conditions.
The user acknowledges the proof value of the automatic registration systems of the publisher of this site and, except for him to provide evidence to the contrary, he waives the challenge in case of dispute.
Acceptance of these terms and conditions implies that users have the necessary legal capacity for this, or that they have the permission of a guardian or curator if they are unable to do so. , their legal representative if they are minors, or whether they hold a mandate if they act on behalf of a legal person.
The products are sold within the limits of available stocks. The availability of products is indicated on the site, in the description of each article.
In order to satisfy the provisions of the law of confidence in the digital economy of June 21, 2004, will be described hereinafter the ordering process:
In order to place an order, the user will be able to select one or more products and add them to his basket. When his order is complete, he can access his basket by clicking on the button provided for this purpose. By consulting his basket, the user will be able to check the number and the nature of the products he has chosen and will be able to check their unit price and the overall price of the order. He will be able to remove one or more products from their basket. On this summary will be indicated to the user the faculty he has or not to exercise his right of withdrawal and the time and terms that apply to it.
If his order suits him and he wishes to validate it, the user can click on the validation button, he will then access a form in which he can either enter his login if he already has one, or register on the site by completing the form presented to him, with his personal information.
Once logged in or after completing the form, the user will be prompted to check or modify their delivery and billing information, read and validate these conditions, confirm their order and then be invited. to make its payment by being redirected for this purpose on the secure payment interface.
Once the payment is actually received by the publisher of the site, the latter agrees to acknowledge receipt to the user electronically, within a maximum of 24 hours.
Similarly and at the same time, the publisher undertakes to send the user an email summarizing the order in order to confirm the processing and to communicate all the information relating to the order.
The prices indicated on the site are heard in Euros, all taxes included, and excluding delivery costs. Prices are firm, without discount, discount or rebate. These prices can be modified at any time by the publisher. The price applicable to the customer is that in force when ordering.
In any case, the delivery costs will be indicated to the customer before any payment.
In case of delivery outside the European Union and Dom-Tom , the user is informed that customs duties and other taxes may be required. The necessary formalities and the payment of these rights and taxes are not the responsibility of the publisher and will in any case be the responsibility of the user. It is therefore the responsibility of the latter to check all these data and the possibilities of importing the product from the competent authorities of the country of delivery, before placing any order on the site.
SOLD PRODUCTS REMAIN THE PROPERTY OF THE PUBLISHER UP TO COMPLETE PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RESERVE CLAUSE. RISKS ARE TRANSFERRED TO CUSTOMER FROM THE DELIVERY OF PRODUCTS.
The user can place an order on this site and can pay by credit card, check, bank transfer, paypal .
Credit card payments are made through secure transactions provided by the provider: La Banque Postale.
As part of payments by credit card, the publisher of this site has access to any data relating to the means of payment of the customer.
The delivery times defined in the article below start running only from the date of actual receipt of payment by the seller, the latter can provide evidence by any means. Failing to receive payment from the customer within eight days from the order, the order will be resolved and the products put on sale on the site.
Failure to pay at the end of any amount due to the publisher will result in the collection of penalties equal to (3) three times the rate of legal interest plus a lump sum compensation of 40 euros for collection costs . These penalties will be due from the day after the due date of the unpaid amounts, without prior notice.
a) Time limit
Orders are delivered by La Poste, Chronopost, DPD, or any carrier designated by the publisher within 2 to 12 working days from the perfect receipt of the price corresponding to the order.
Certain products or order volumes may nevertheless justify a higher delivery time, it will be expressly mentioned to the attention of the user during the validation to the order.
b) Damage and partial loss
In case of delivery of a package obviously and visibly damaged, incomplete or with damaged objects, it is up to the customer to refuse to enjoy the warranty offered by the carrier. The user must also inform the publisher without delay, so that a new package is prepared, and then shipped upon receipt of the damaged package in return. In this case, the delivery times indicated above in these terms and conditions will no longer apply.
Similarly, the user must refuse any incomplete package or damaged items. Indeed, in accordance with Article L 133-3 of the Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including the holidays, which follows that of this receipt, the addressee did not notify the carrier, by registered letter, his reasoned protest. Failing to proceed to this formality, the user can not be compensated.
a) Customer service
The customer service of this site is available Monday through Friday from 9am to 18h at the following toll-free number: 0540771039, by email at the following address firstname.lastname@example.org or by mail to the following address : SARL 66 ° NORD, Centre International d'Affaires. 24 Boulevard Marcel Dassault, 64200 Biarritz. In the latter two cases, the publisher agrees to provide an answer within two business days.
b) Right of withdrawal
The consumer has the right to withdraw from this contract without giving any reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the property or the last property.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail). To facilitate your efforts, you can use the model withdrawal form but this is not mandatory.
For the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
(c) Effects of the retraction
In the event of withdrawal by you, we will refund all payments received from you, including delivery charges (with the exception of additional charges arising from the fact that you have chosen, if applicable, a delivery method other than than the cheaper mode of standard delivery proposed) without undue delay and, in any event, no later than fourteen days from the day we are informed of your withdrawal decision. We will refund using the same means of payment as you used for the original transaction, unless you expressly agree otherwise; in any case, this refund will not cause any costs for you. We may defer repayment until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earlier.
You must return or return the property without undue delay and, in any case, no later than fourteen days after you have communicated to us your decision to retract. This period is considered respected if you return the good before the expiration of the period of fourteen days.
You will be responsible for the direct costs of returning the property. The cost of return of the property when it can not normally be returned by La Poste will be indicated by the publisher prior to the conclusion of the contract.
Your liability is only incurred with respect to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.
In case of defect of a product bought on this site, the user has, in accordance with the provisions of articles 1641 and following of the civil code in terms of legal guarantee of latent defects, a delay of two years from the finding of the said defect to ask for a resolution of the sale or a reduction of the sale price (article 1644 of the civil code) and, in application of the articles L217-1 and following of the code of the consumption, in the event that the good delivered does not is not compliant, the consumer will have a period of two years from the receipt of the product to request repair or replacement subject to the cost conditions provided for in Article L217-9 of the Consumer Code. The consumer is exempted from showing proof of the lack of conformity of the good during the 24 months following the delivery of the good (6 months for second-hand goods).
In order to exercise any of these rights, it will be up to the customer to approach the customer service of the publisher.
Certain objects acquired on the present site profit, in addition to the guarantee of the latent defects defined by the civil code as well as the guarantee of good conformity imposed by the article L217-4 of the code of the consumption which they are, if necessary, still applicable and which are defined above, a conventional warranty offered by the seller or the manufacturer, the duration of which may vary depending on the product, and which will be detailed in detail on the description sheet and the instructions for use of the product. The possible commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
All products sold on this site are marketed in compliance with the laws and regulations in force in France. The mandatory displays required by the laws and regulations in force are made on this site, including the description of each article.
The creation of a user account is a prerequisite for any order from a user. For this purpose, the user will be asked to provide a certain amount of personal information. The user agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the user account.
Some information will be deemed essential to the conclusion of the contract and their collection will be essential to the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide the said information will have the effect of preventing the creation of the user account and, incidentally, the validation of the order.
This space allows the user to consult all his orders made on the site, and also allows him, if necessary, to track the delivery of purchased products.
If the data contained in the user account were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only an informative character. The publisher undertakes, however, to keep securely all contractual elements whose retention is required by law or regulation in force.
The publisher reserves the exclusive right to delete the account of any user who has violated these terms and conditions (including but not limited to this example, when the user knowingly provided false information, when his registration and the constitution of his account) or any account inactive for at least one year. Such removal will not be likely to constitute damage for the excluded user who can not claim any compensation for this fact.
This exclusion is not exclusive of the possibility for the publisher to take legal action against the user, when the facts have justified.
When creating the user account, the user will be prompted to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his account and he is thus prohibited to transmit it or to communicate it to a third party. Otherwise, the site can not be held responsible for unauthorized access to a user's account.
a) Accessibility to the site and force majeure
In case of impossibility of access to the site, because of technical problems or all kinds, the user will not be able to claim damages and can not claim any compensation.
The unavailability, even prolonged and without any limitation period, of one or more products, can not be constitutive of a prejudice for the user and can in no way give place to the grant of damages and interests of the site or its publisher.
The publisher will in no way be held responsible for the breach of contract that may be attributable to a case of force majeure, as defined by the French courts.
b) Visual representation of products
The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly faithful to the reality, in order to satisfy his obligation of perfect information. However, in the current state of the art, the rendering of these representations in particular in terms of color or shape, can vary substantially from one computer station to another or differ from reality according to the quality of the graphic accessories and the image. screen or according to the resolution of the display. These variations and differences can not in any case be attributed to the publisher who can in no way be held liable for this fact.
c) Products sold on the site
The publisher agrees to comply with all applicable provisions in force in France and can not be held responsible for non-compliance with regulatory and legal provisions in force in other countries.
The publisher of this site can in no way be held responsible for the misuse of products, poor maintenance of products, accidental damage or misuse of products.
As part of its activity on this site, the publisher does not have the quality of importer, manufacturer or conditioner of products sold. The publisher only acts as a reseller of the products offered on his site, as such he can not be held responsible for any damage of any kind, whether material or immaterial or bodily, which could result from a bad functioning of the products marketed.
The products offered for sale on the site being sold not installed, the user declares to make his business of the installation of the products which he will have to carry out in the rules of the art and in accordance with the instructions of use.
d) Hypertext links
The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site can not be engaged if the content of these sites violates the laws in force. Similarly the responsibility of the publisher of this site can not be engaged if the visit, by the user, of one of these sites, caused him harm.
a) General - Purpose - Duration
The user has the free faculty to provide personal information about him. The provision of personal information is not essential for navigation on the site. On the other hand, the inscription on the present site supposes the collection, by the publisher, of a certain number of personal information concerning the user. Users who do not wish to provide the necessary information to create a user account will not be able to place an order on this site.
The collected data are necessary for the good administration of the services proposed on this site as well as the respect of its contractual obligations by the publisher. These data are kept by the publisher in this unique quality, and the publisher agrees not to use them in another frame, nor to transmit them to third parties, except express agreement of users or cases provided by law.
The details of all users registered on this site are saved for a maximum of 12 months from the removal of the personal space, reasonable time required for the proper administration of the site and normal use of data. These data are kept in secure conditions, according to the current means of the technique, in compliance with the provisions of the Data Protection Act of 6 January 1978.
b) Right of access, rectification and opposition
In accordance with the law Informatique et Libertés, the user has a right of opposition, interrogation, access and rectification of the data he has provided. For that, it is enough for him to make the request to the publisher of this site, by formulating it with the following electronic address: email@example.com, or by mail at the address of the headquarters of the publisher mentioned at the top of these terms and conditions.
Personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site.
The controller is O.CHEVILLARD.
CNIL (Commission Nationale Informatique et Liberté) number: 2103379
c) IP address
In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of any user. The collection of this IP address will be done anonymously, it will be kept for the same duration as the personal information and will be intended only to allow a good administration of the services offered on this site. The IP address is a series of separate digits of dots for unique identification of a computer on the Internet.
The publisher must communicate all the personal data relating to a user to the Police (on judicial requisition) or to any person (on the order of the judge). The IP address of any computer may be reconciled with the actual identity of the subscriber owned by the ISP (Internet Service Providers).
a) General - Purpose - Duration
In order to allow the user an optimal navigation on the present site as well as a better functioning of the various interfaces and applications, the publisher will be able to proceed to the implementation of a cookie on his computer station. This cookie makes it possible to store information relating to the navigation on the site (date, page, hours), as well as any data entered by the user during his visit (search, login, email, password). These cookies are intended to be kept on the computer of the user for a variable period of up to 12 months, and may be read and used by the publisher during a subsequent visit of the user on this site .
b) Right to oppose the implementation of the cookie
The user has the option to block, change the retention period, or delete this cookie via the interface of his browser (usually: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features provided by the publisher, this malfunction can not in any way constitute damage to the user who can not claim any compensation thereby.
c) Deletion of cookies
The user also has the option to delete cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect its navigation on this site, but causes the user to lose all the benefit of the cookie. In this case, he will have to enter all the information concerning him again.
All the elements constituting the present site belong to the publisher or are the object of a license of exploitation and are protected by the legislation relating to the intellectual property.
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even if modified, will likely give rise to legal proceedings against him. by the publisher or its beneficiaries.
This protection will cover all textual and graphic content of the site, but also its structure, its name and its graphic charter.
Similarly, the user acknowledges being informed that the matrix of these terms and conditions has been filed with a bailiff and that any reproduction, even partial, of the present document may be the subject of legal proceedings for economic parasitism.
a) Modification of the general conditions
These terms and conditions may be modified at any time by the publisher of the site or his representative. The general conditions applicable to the user are those in force on the day of his order. The publisher is obviously committed to keeping all its old general conditions and to send them to any user who requests it.
(b) Applicable law and competent courts
These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French, any version available in a foreign language on the site is only informative. Similarly, this site may be translated into various languages to facilitate navigation non-French users who would like to order on the site.
IN THE EVENT OF A DISPUTE WITH A CLIENT HAVING THE QUALITY OF A TRADER, IN THE SENSE OF THE FRENCH JURISDICTIONS, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS WHERE THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for provisions of public order, any disputes that may arise in connection with the execution of these terms and conditions may be submitted to the publisher of the site before amicable settlement before amicable settlement. It is expressly reminded that requests for an amicable settlement do not suspend the time limits for taking legal action.
If one of the clauses of the present general conditions was to be declared null by a decision of justice, this nullity could not bring about the nullity of all the other clauses, which would continue to produce their effect.
e) No waiver
The fact, for the parties, not to take advantage temporarily or permanently of one or more clauses of the present general conditions, will in no case prevail to claim the rest of the general conditions.
If a consumer wishes to cancel his order, he can use the form below.
MODEL RETRACT FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of SARL 66 ° NORD, CIA 24 Bd M.Dassault , 64200 Biarritz. Available on 0540771039 or by email at the following address: firstname.lastname@example.org
I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:
* Ordered on (*) / received on (*): ..................................... ...................
* Name of the consumer (s): ....................................... ...................
* Address of the consumer (s): ....................................... .....................
Signature of the consumer (s) (only in case of notification of this form on paper): ....
* Date: ............................................... ...........
(*) Delete useless mention.