General terms and conditions of sale
These general terms and conditions apply to the sale of products online.
Article 1 – Definitions
The terms used herein shall have the following meanings:
Customer: the customer identified on the Order Form.
Seller: the seller as identified to the Customer.
Party: the Customer or the Seller; Parties: the Customer and the Seller.
Products: products offered by the Seller for sale online and identified in the Order Form.
Order Form: the order form made available by the Seller and either completed by the Customer or completed by the Seller at the Customer’s request.
Order: the order by the Customer as stated on the Order Form.
Contract: the contract resulting from the Order.
Article 2 – Purpose - Contractual documents
The purpose of this document is to define the general terms and conditions applicable to the purchase by the Customer of products from the Seller, without prejudice to the specific terms and conditions applicable. Purchases of Products are subject to the following contractual documents, in descending order of priority: first, the specific terms and conditions contained in or annexed to the Purchase Order; second and last, the Seller’s general terms and conditions of sale contained in or annexed to the Purchase Order or provided to the Customer by the Seller. Neither the Order nor the Contract may be modified unless by the mutual agreement of the Parties.
Article 3 – Order – Cooling-off period
Products must be purchased by sending an Order Form online to the Seller. The act of submitting an order implies acceptance by the Customer without reservation of these, the Seller’s general terms and conditions of sale.
The Contract resulting from the Order shall be deemed to be entered into when, having had the opportunity to verify the details and the total price of his Order, and in particular the Products’ essential characteristics, and correct any errors, the Customer has confirmed the Order in acceptance of the Seller’s offer.
The Seller shall, electronically and without undue delay, acknowledge receipt of the Order sent to it.
The Order, the Customer’s confirmation of acceptance of the Seller’s offer and the acknowledgement of receipt shall be deemed to have been received as soon as the Parties to whom they are addressed can access them.
3.2. Cooling-off period
Where the Customer is a consumer, he is entitled, pursuant to Article L 121-20 et seq. of the French Consumer Code, to a cooling-off period as set forth below:
The Customer, if a consumer, has a period of fourteen clear days in which to exercise his right to withdraw from the contract without having to give reasons or pay any penalty, except, where applicable, for the costs of returning the items;
The cooling-off period starts to run on receipt of the Products;
Where the fourteen day period expires on a Saturday, Sunday or a public or bank holiday, it shall be extended to the next following working day;
Where the right of withdrawal is exercised, the Seller is bound to refund to the consumer Customer all amounts paid, promptly and in no event later than thirty days after the date the right was exercised. However, the Seller will be entitled to defer repayment of amounts paid until it receives the Products returned by the consumer Customer, or until it receives proof that the Products have been despatched. Beyond that date, the amount due shall automatically bear interest at the legal rate in force. Such refund may be made by any payment method. The Seller reserves the option to allow the consumer Customer who has exercised his right of withdrawal to choose a different method of refund.
Article 4 – Delivery of Products
4.1. Delivery terms
The Seller undertakes to deliver the Products to the address specified by the Customer in the Order. Products are carried at the Seller’s risk. The Seller shall be responsible for arranging the carriage and insurance of the Products transported to the place indicated in the Order.
4.2. Delivery time
4.2.1. The Seller undertakes to deliver the Products ordered not later than 30 days from receipt of the price of the Products ordered.
4.2.2. Where the Customer is a consumer, he may, pursuant to Article L 138-2 of the French Consumer Code, cancel the sale contract by recorded delivery letter in the event that the delivery date of the Products is exceeded, if, after having instructed the Seller by the same method to make delivery within a reasonable period, the Seller fails to deliver within that period. The consumer Customer shall exercise this right within sixty working days starting from the date indicated for delivery of the Products. Where this right is exercised, the Seller is bound to refund to the consumer Customer all amounts paid, promptly and in no event later than fourteen days after the date the right was exercised. Beyond that date, the amount due shall automatically bear interest at the legal rate in force. Such refund may be made by any payment method. The Seller reserves the option to allow the consumer Customer who has exercised his right of withdrawal to choose a different method of refund. The Seller shall extend the same rights to professional Customers.
4.2.3. In the event a Product is unavailable, where the Customer is a consumer, the Seller undertakes to so inform the consumer Customer, who will be reimbursed without delay and in no event later than fourteen days from payment of the amounts paid; beyond that date, the said amounts will bear interest at the legal rate. The Seller however reserves the option to supply a Product of equivalent quality and price; in such case, the Seller shall be responsible for the costs of returning the equivalent Product in the event the right of withdrawal is exercised. The Seller shall extend the same rights to professional Customers.
Article 5 – Transfer of risk – Transfer of title
Risk of loss or damage to a Product shall pass to the Customer upon actual delivery of the Product to the place stated in the Order. Title to a Product shall pass to the Customer upon receipt of payment of the price of the Product by the Seller.
Article 6 – Price
Product prices are given on the Seller’s website used to sell the Products. They are fixed and unchanging for the duration of the Contract.
Article 7 – Billing and Payment
The Seller shall issue an invoice addressed to the Customer for each delivery of Products. Each Order must be paid for promptly, using a secure form of electronic payment (such as a bank card).
Article 8 – Warranties - Liability
8.1. Product warranties
8.1.1. Obligation to supply the Products as ordered: the Seller undertakes to supply the Products ordered in good condition and in compliance with the terms set forth in the Order. Any complaints or reservations with regard to the Products must be made by the Customer to the Seller, by any means that leaves a record in writing, within eight days, not including holidays, following the delivery of the Products.
8.1.2. Quiet enjoyment warranty: The Seller shall guarantee the Customer the undisturbed use of the Products sold by it.
8.1.3. Legal warranty against hidden defects: The Seller is bound by a warranty against hidden defects in the Products making them unsuitable for their intended use, or restricting such use to the extent that the Customer would not have purchased them, or would have paid only a lower price, if he had been aware of the said defects.
8.1.4. Fitness for purpose warranty: The Seller warrants, by way of extension by agreement of the legal warranty against hidden defects, that the Products will function properly for one month from delivery. This warranty covers all defects in the Products not imputable to the Customer, arising during the said period.
8.2. Enforcement of warranties
Pursuant to the warranties binding on the Seller, the Customer may (i) automatically cancel the Order/Contract, in which case a refund will be given for the Products returned, or (ii) require the Seller, at its own expense, either to exchange the Products concerned for identical Products free from defects, or remedy each apparent or hidden defect in the Products at its own expense in cases where the Seller is technically capable of such repair without disproportionate extra cost.
The Seller is automatically liable to Customers for the performance of its obligations under the Contract, whether they are to be carried out by itself or by other service providers, without prejudice to its rights and remedies against the latter. The Seller may however avoid liability in whole or in part by proving that the failure to perform, or defective performance of, the Contract is imputable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the Contract, or to an event of force majeure. The Seller declines all liability for indirect damage.
Article 9 – Insurance
The Seller hereby represents that it has taken out insurance with a solvent insurance company against its potential liability, both in tort and contract, for personal injury or physical or intangible damage, consequential or otherwise, caused to Customers, third parties or their property, in an amount sufficient to enable payment of monetary compensation for such damage where imputable to the Seller and/or to persons for whom the Seller is liable, including its employees, and/or to things within their custody.
Article 10 - Force majeure
Events of force majeure (recognised as such by the law of the courts of the country whose laws have been chosen as applicable to the relationship in question) shall, initially, suspend the obligations of the Parties adversely affected by the events of force majeure; if their effects continue for more than thirty days, the Order and/or Contract may be cancelled automatically on the initiative of either of the Parties with neither party having any liability whatever to the other for costs or indemnities.
Article 11 – Termination
An Order or Contract may be cancelled automatically: (i) at any time by the mutual written agreement of the Parties, (ii) by one of the Parties in the event the other Party is in breach of its obligations, and such breach has not been remedied within thirty days of the giving of formal notice to remedy by recorded delivery letter, subject to any damages to which the injured Party might be entitled, (iii) in the other cases provided for herein.
Article 12 - Confidentiality
The Parties undertake to treat as strictly confidential the terms of the Order Form and the Contract, as well as all information they have provided to each other or of which they are or become aware in the course of the Order or the Contract, which has been designated as confidential or which by its nature or context must be deemed to be confidential.
Article 13 – Intellectual property
The Customer is prohibited from using the names, trademarks, logos, images or any other distinctive signs of the Seller or of any other entity forming part of the Group to which the Seller belongs. Neither the Order nor the Contract shall operate to transfer, or grant any right to the Customer to use, the names, trademarks, logos, images or any other distinctive signs of the Seller or of any other entity forming part of the Group to which the Seller belongs.
Article 14 - Applicable law and Resolution of disputes
14.1. Applicable law
The law applicable to an Order or Contract shall be the law of the country where the Seller is established, subject and without prejudice, where the Customer is a consumer, to the mandatory provisions of consumer protection of the country of residence of the Customer.
14.2. Resolution of disputes
14.2.1. Any dispute arising out of the interpretation or performance of an Order or Contract between the Seller and a consumer Customer shall be submitted:
If the action is brought by the consumer Customer: either to the competent courts of the place of residence of the consumer Customer, or to the competent courts having jurisdiction over the place of the Seller’s registered office;
If the action is brought by the Seller: to the competent courts of the place of residence of the consumer Customer.
14.2.2. Any dispute arising out of the interpretation or performance of an Order or Contract between the Seller and a Customer that is not a consumer, which is not resolved by agreement between the Parties within two months from the date the dispute arose, shall be submitted to the competent courts having jurisdiction over the place of the Seller’s registered office.