Terms of Sales
General conditions of sale of the website {{company:websiteName}}
applicable from {{runtime:currentDate}}
ARTICLE 1. PARTIES
These general conditions are applicable between {{company:companyName}} , {{company:companyType}} {{if:isNotCompanyTypeAutoEntrepreneur}} , share capital: {{company:capital}} € {{endif:isNotCompanyTypeAutoEntrepreneur}} , registered to the RCS of {{company:registrationState}} in {{company:registrationCountry}} {{if:isNotCompanyTypeAutoEntrepreneur}} on {{company:registrationDate}} {{endif:isNotCompanyTypeAutoEntrepreneur}} , under the number {{company:companyRegistrationID}} , head office: {{company:address1}} , {{company:country}} , telephone: {{company:phone}} , email: {{company:email}} , {{if:hasVatNumber}} no. intra-community VAT: {{company:vatNumber}} {{endif:hasVatNumber}} {{if:noVatNumber}} VAT not applicable, article 293B of the CGI {{endif:noVatNumber}} , hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
{{if:hasDunsNumber}} The company is registered under DUNs number: {{company:dunsNumber}} . {{endif:hasDunsNumber}}
ARTICLE 2. DEFINITIONS
“ Customer ”: any person, natural or legal, under private or public law, registered on the Site.
“ Site Content” : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ The Editor ”: {{company:companyName}} , {{company:companyType}} taken in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, under private or public law, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL {{company:websiteName}} , as well as the subsites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will constitute full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having read them fully and accepting them without restriction.
Checking the above-mentioned box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user recognizes the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable. , their legal representative if they are minors, or even that they hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Order
In order to place an order, Internet Users will be able to select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility to remove one or more Products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have completely completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the secure payment interface including the words “order with payment obligation” or any similar formula.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt of it to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming the processing, including all the related information.
ARTICLE 6. PRICE – PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not apply for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.
6.2. Payment terms
The Customer can make payment by {{company:paymentGateways}} .
In the context of payments by bank card, the Publisher does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the banking establishment.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date the payment is received by the Publisher.
6.3. Billing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Failure to pay
Agreed payment dates cannot be delayed under any circumstances, including in the event of a dispute.
Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affects the payment of the sums due in principal.
In addition, any late payment will result in the defaulting Customer being billed for recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally to the detriment of the Client. This clause falls within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is excessive.
6.5. Reservation of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
{{if:customerServiceActive}} The Site's customer service is accessible from {{company:workingDayFirst}} to {{company:workingDayLast}} from {{company:workingTimeStart}} to {{company:workingTimeEnd}} at the telephone number non-surcharged following: {{company:afterSalePhone}} , by email to: {{company:afterSaleEmail}} or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within {{company:responseDuration}} working days. {{endif:customerServiceActive}}
{{if:customerServiceInactive}} The Site's customer service is accessible from the site's contact page: {{company:afterSaleWebPage}} or by email at {{company:afterSaleEmail}} or by post to the address indicated at Article 1 of these general conditions. {{endif:customerServiceInactive}}
ARTICLE 8. PERSONAL SPACE
8.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of personal space. Refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user therefore refrains from transmitting it or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to an Internet user's personal space.
The Customer undertakes to carry out regular verification of the data which concerns him and to carry out the necessary updates and modifications online, from his personal space.
8.2. Personal space content
The personal space allows the Customer to consult and follow all his orders placed on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but in no way constitute admissible evidence in a court of law. They are only of an informative nature intended to ensure efficient management of their orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
8.3. Deleting personal space
The Publisher reserves the right to delete the account of any Client who contravenes these general conditions, in particular when the Client provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Client's personal space remains inactive. for at least a year. Said deletion will not be likely to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation as a result.
This exclusion is without prejudice to the possibility, for the Publisher, of taking legal action against the Client, when the facts justify it.
ARTICLE 9. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Customers.
9.1. Identity of the data controller
The person responsible for the collection and processing of data on the Site is the Publisher.
9.2. Identity of the Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com , 01 77 62 82 03, www.deshoulieres-avocats.com "always taking care to create a hyperlink on the URL of our site
9.3. Data collected
9.3.1. Data collected from customers
As part of its contractual relationships, the Publisher may be required to collect and process information from its Customers, namely: {{privacy:collectInfo}} .
9.3.2. Data collected from customers
The data collected during the contractual relationship is subject to automated processing with the aim of:
- Initiate legal proceedings;
- Verify the identity of Customers;
9.3.3. Legal bases for processing
The data collected has the legal basis of a contractual relationship.
9.3.4. Data recipients
The data collected can only be consulted by the Publisher within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregate form, is never made freely viewable by a third party.
9.3.5. Duration of retention of personal data
The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be incurred.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without retaining a copy.
9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the Publisher's premises is also secure.
9.3.7. Data minimization
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher directs its Clients to provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to only retain and process data strictly necessary for its professional activities, and will delete any data received that is not useful to its activities as quickly as possible.
9.4. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right to information, access and communication of data
The Publisher's Customers have the possibility of accessing personal data which concerns them.
Due to the Publisher's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made in writing), both accompanied by the words “I attest on my honor that the copy of this identity document is consistent with the original. Done at…on…”, followed by their signature.
To help them in their approach, Customers will find here a letter template developed by the CNIL.
9.4.2. Right to rectification, deletion and right to forgetting of data
The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Clients can also define general and specific directives relating to the fate of personal data after their death. If applicable, the heirs of a deceased person may demand to take the death of their loved one into consideration and/or to make the necessary updates.
To help them in their approach, Customers will find here a letter template developed by the CNIL.
9.4.3. Right to object to data processing
The Publisher's Customers have the possibility of objecting to the processing of their personal data.
To help them in their approach, Customers will find here a letter template developed by the CNIL.
9.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to restriction of processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be kept and no longer used by the Publisher.
9.4.6. Reply duration
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time which cannot exceed 1 month from receipt of the request.
9.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher is not respecting its obligations with regard to their personal data, they may send a complaint or request to the competent authority. In France, the competent authority is the CNIL to which they can send a request here .
9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.
The Publisher has previously ensured the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
{{privacy:partnerTable}}
9.5.2. Transfer upon requisition or judicial decision
Customers also consent to the Publisher communicating the data collected to any person, upon requisition by a state authority or by judicial decision.
9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, Customers consent to the data collected are transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in these General Conditions of Service in place of the Publisher.
ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to take the care and diligence necessary to provide quality Products that comply with the specifications of these General Conditions. The Publisher is only responsible for an obligation of means concerning the services covered herein.
10.2. Force majeure - Customer's fault
The Publisher will not be held liable in the event of force majeure or fault of the Client, as defined in this article:
10.2.1. Force majeure
For the purposes of these general conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, band fluctuations will be considered as a case of force majeure against the Customer. bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a breach security attributable to the Site host or developers, flood, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be excused from the performance of its obligations within the limits of this impediment, this limitation or this disturbance.
10.2.2. Customer fault
For the purposes of these General Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or that of its employees, non-compliance with the advice given by the Customer will be considered as a fault of the Customer against the latter. Publisher on its Site, any disclosure or illicit use of the Client's password, codes and references, as well as the provision of incorrect information or the absence of updating of such information in their personal space. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or spirit of these general conditions of sale will also be considered as a fault of the Customer.
10.3. Technical problems - Hyperlinks
In the event of impossibility of access to the Site, due to technical problems of any nature, the Customer will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limitation period, of one or more online services, cannot constitute harm to Customers and cannot in any way give rise to the award of damages from The Editor.
The hypertext links present on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes current legislation. Likewise, the Publisher cannot be held liable if the Internet user's visit to one of these sites causes him harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences cannot under any circumstances be attributed to the Publisher, which cannot under any circumstances be held liable as a result.
10.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Client and linked to the failure in question. The Publisher cannot under any circumstances be held liable for indirect damage such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disruptions and loss of profits or of customers. Likewise and within the same limits, the amount of damages payable by the Publisher cannot in any case exceed the price of the Product ordered.
10.5. Hypertext links and content of the Site
The Content of the Site is published for information purposes only, without guarantee of accuracy. The Publisher cannot under any circumstances be held responsible for any omission, inaccuracy or any error contained in this information and which would cause direct or indirect damage to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of Site Content
The Content of the Site may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to give rise to legal proceedings for counterfeiting.
11.2. Contractual protection of Site Content
The Internet user undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by intellectual property rights, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 12. FINAL STIPULATIONS
12.1. Applicable right
These general conditions are subject to the application of French law.
12.2. Modifications to these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
12.3. Disputes
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes which may arise in the context of the execution of these general conditions and for which a solution cannot previously be found amicably between the parties must be submitted.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main. home2.show
Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
{{company:mediationServiceName}} / {{company:mediationUrl}}
12.4. Entirety
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and purpose hereof.
12.5. Non-waiver
The absence of exercise by the Publisher of the rights granted to it hereby cannot under any circumstances be interpreted as a waiver of the right to assert said rights.
12.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list opposing telephone canvassing at the address http://www.bloctel.gouv.fr/.
12.7. Languages of these general conditions
These general conditions are offered in French.
12.8. Unfair clauses
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.