- Preliminary information
- Order subscription method and purchase process
- Product prices, taxes and delivery charges
- Payment information
- Delivery or provision
- Customer service and right of withdrawal
- Guarantee of products purchased on this site
- Provisions specific to the nature of certain products
- User area
- Disclaimer of publisher's liability
- Information relating to the Data Protection Act
- Notice relating to the collection of "cookies"
- Intellectual property on the elements of the site
- General provisions and applicable law
- Consumer mediator
a) Legal notices
To meet the provisions of the law for confidence in the digital economy of June 21, 2004, the legal notices required to identify the publisher of this website will be set out below.
This site is edited by Patrick DELAUME, registered in the ALBI trade and companies register under number 316 326 826 00021, and whose registered office is at 8 GRAND'RUE RAIMOND VII - 81170 CORDES-SUR-CIEL. The editor can be contacted by phone at 06 34 24 84 45 or by email at the following address: email@example.com
The site's publication director is Mr. Patrick DELAUME.
The editor is Mr Patrick DELAUME.
This site is hosted by the company ABLINK, whose head office is at 10 RUE PORTAL 81600 GAILLAC, reachable by telephone at the following number: 0563336070 or by e-mail at the following address: firstname.lastname@example.org.
This site is freely accessible to all Internet users. It consists of a site for selling products online.
c) Acceptance of the general conditions of sale
Subscription to a contract governed by these general conditions with the publisher of this site assumes acceptance by the user of said general conditions of sale. The user recognizes by the same fact to have taken full knowledge of it. This acceptance will consist in the fact, for the user, of validating these general conditions.
The user recognizes the evidential value of the automatic registration systems of the publisher of this site and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Acceptance of these general conditions assumes that users have the necessary legal capacity for this, or failing that they have the authorization of a tutor or curator if they are unable to do so. , of their legal representative if they are minors, or that 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 meet the provisions of the law of confidence in the digital economy of June 21, 2004, the ordering process will be described below:
In order to place an order, the user can 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 verify the number and the nature of the products he has chosen and will be able to verify their unit price as well as the overall price of the order. He will have the possibility to remove one or more products from their basket. This summary will in particular be indicated to the user the option he has or not to exercise his right of withdrawal as well as the deadlines and terms that apply.
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 connection identifier if he already has one, or s '' register on the site by completing the form presented to him, with his personal information.
As soon as he is connected or after he has perfectly completed the form, the user will be invited to check or modify his delivery and billing details, to read and validate these conditions, to confirm his order then will be invited. to make his payment by being redirected for this purpose on the secure payment interface.
Once payment has actually been received by the site publisher, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.
Likewise and within the same timeframe, the publisher undertakes to send the user an e-mail summary of 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 understood 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 at the time of the order.
The delivery costs will, in any event, be indicated to the customer before any payment.
In the event of delivery outside the European Union and to overseas departments and territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will in any event be the responsibility of the user. It is therefore incumbent on the latter to check all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RETENTION OF OWNERSHIP CLAUSE. THE RISKS ARE TRANSFERRED TO THE CUSTOMER FROM THE DELIVERY OF THE PRODUCTS.
The Internet user can place an order on this site and can pay by credit card, check or bank transfer.
Payments by credit card are made through secure transactions provided by the service provider: Crédit Agricole.
In the context of payments by bank card, the publisher of this site has no access to any data relating to the customer's means of payment.
The delivery times defined in the article below do not begin to run until the date of effective receipt of payment by the seller, the latter being able to provide proof thereof by any means. Failing to receive payment from the customer within eight days of the order, the order will be canceled and the products put back for sale on the site.
Failure to pay any sum due to the publisher at its term will result in the perception of penalties equal to (3) three times the legal interest rate to which will be added a lump sum indemnity of 40 euros for recovery costs. . These penalties will be due from the day after the due date of the unpaid sums, without prior notice.
Orders are delivered by LA POSTE or any carrier designated by the publisher within 7 working days of receipt of the price corresponding to the order.
Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the attention of the user when confirming the order.
b) Damage and partial loss
In the event of delivery of a package which is clearly and visibly damaged, incomplete or containing damaged objects, it is the customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package is prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
a) Customer service
The customer service of this site is accessible from Monday to Friday from 2:30 p.m. to 6:30 p.m. at the following non-surcharged telephone number: 06 34 24 84 45, by email at the following address email@example.com or by post at the address next: Patrick DELAUME - 8 GRAND'RUE RAIMOND VII - 81170 CORDES-SUR-CIEL. In these last two cases, the publisher undertakes to provide a response within two working 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 good or the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or email). In order to facilitate your procedures, you can use the model withdrawal form, but this is not compulsory.
In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In accordance with article L121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- For the supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods liable to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items.
c) Effects of withdrawal
In the event of withdrawal from you, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, if applicable, a delivery method other than than the cheaper method of standard delivery offered) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw. We will process the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this reimbursement will not incur costs for you. We may withhold reimbursement until we have received the good or untilthat you have provided proof of shipment of the goods, the date chosen being that of the first of these facts.
You must return or return the goods without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw to us. This period is deemed to have been met if you return the goods before the expiration of the fourteen day period.
You will have to bear the direct costs of returning the goods. The cost of returning the good when it, due to its nature, cannot normally be returned by La Poste will be indicated by the publisher prior to the conclusion of the contract.
Your responsibility is only engaged with regard 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.
Return of products is made at the risk of the customer.
In the event of a defect in a product purchased on this site, the user has, in accordance with the provisions of Articles 1641 et seq. Of the Civil Code in terms of the legal guarantee against hidden defects, a period of two years from the date of finding of said defect to request resolution of the sale or a reduction of the sale price (article 1644 of the civil code) and, in application of articles L211-4 and following of the consumer code, in the event that the delivered good does not does not comply, the consumer will have a period of two years from receipt of said product to request repair or replacement, subject to the cost conditions provided for by Article L. 211-9 of the Consumer Code . The consumer is exempted from providing proof ofexistence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
In order to exercise one of these rights, it will be up to the customer to contact the publisher's customer service.
Certain items acquired on this site benefit, in addition to the guarantee against hidden defects defined by the civil code as well as the guarantee of good conformity imposed by article L211-5 of the consumer code which are, if applicable, to them. 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 particular on the description sheet and the user manual of the product. Any commercial warranty 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, and in particular in the description of each article.
The creation of a user account is a prerequisite for any order from a user. To this end, 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.
Certain information will be deemed essential for the conclusion of the contract and their collection will be essential for the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide said information will have the effect of preventing the creation of the user account as well as, 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 follow the delivery of the products purchased.
If the data contained in the user account were to disappear as a result of a fortuitous event, a technical failure 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 informative. The publisher undertakes, however, to keep in a secure manner all the contractual elements whose conservation is required by the law or the regulations in force.
The publisher reserves the exclusive right to delete the account of any user who has contravened these general conditions (in particular, but without this example being of any nature whatsoever, when the user has knowingly provided incorrect information, when registration and creation of an account) or any account that has been inactive for at least one year. Said deletion will not be liable to constitute damage to the excluded user who will not be able to claim any compensation for this fact.
This exclusion does not exclude the possibility, for the publisher, to take legal action against the user, when the facts have justified it.
When creating the user account, he will be asked to choose a password. This password is the guarantee of the confidentiality of the information contained in his account and he is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
a) Accessibility to the site and force majeure
In the event of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to claim damage and will not be able to claim any compensation.
The unavailability, even prolonged and without any limitative period, of one or more products, cannot constitute a prejudice for the user and cannot give rise in any way to the award of damages from the site. or its publisher.
The publisher can in no way be held responsible for non-performance of the contract that may be attributable to a case of force majeure, within the meaning given to it by the courts of French law.
b) Visual representation of products
The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly faithful to reality, in order to meet its obligation of perfect information. However, in the current state of the art, the rendering of these representations, in particular in terms of colors or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphics accessories and the screen or depending on the display resolution. These variations and differences can in no way be attributed to the publisher who can in no case be held liable for this fact.
c) Products sold on the site
The publisher undertakes to comply with all the applicable provisions in force in France and cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries.
The publisher of this site can in no way be held responsible for the misuse of the products, poor maintenance of the products, accidental damage or even misuse of the products.
d) Hypertext links
The hypertext links on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes the laws in force. Likewise, the publisher of this site cannot be held liable if the user's visit to one of these sites causes him damage.
a) General - Purpose - Duration
The user has the free option to provide personal information concerning him. The provision of personal information is not essential for navigation on the site. On the other hand, registration on this site assumes the collection, by the publisher, of a certain amount of personal information concerning the user. The user who does not wish to provide the information necessary to create a user account will not be able to place an order on this site.
The data collected is necessary for the proper administration of the services offered on this site as well as for the publisher to comply with its contractual obligations. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, without the express consent of the users or cases provided for by law.
The contact details of all users registered on this site are saved for a maximum period of 12 months from the removal of personal space, a reasonable period necessary for the proper administration of the site and normal use of data. These data are stored in secure conditions, using current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
b) Right of access, rectification and opposition
In accordance with the Data Protection Act, the user has the right to oppose, query, access and rectify the data he has provided. To do this, he just has to make a request to the editor of this site, by sending it to the following email address: firstname.lastname@example.org, or by post to the address of the headquarters of the publisher mentioned at the top of these general conditions.
The personal data collected are subject to computer processing and are exclusively reserved for the site editor.
The data controller is Mr. Patrick DELAUME.
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 carried out anonymously, it will be kept for the same duration as the personal information and will only be intended for the proper administration of the services offered on this site. The IP address is a series of numbers separated by dots allowing the unique identification of a computer on the Internet.
The publisher must communicate all personal data relating to a user to the Police (on judicial requisition) or to any person (on order of the judge). The IP address of any computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet service providers).
a) General - Purpose - Duration
In order to allow the user an optimal navigation on this site as well as a better functioning of the various interfaces and applications, the editor can proceed to the installation of a cookie on his computer station. This cookie is used to store information relating to navigation on the site (date, page, hours), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be stored on the user's computer workstation for a variable period of up to 12 months, and can be read and used by the publisher during a subsequent visit by the user to this site. .
b) Right to object to the implementation of the cookie
The user has the option to block, modify the retention period, or delete this cookie via the interface of his browser (generally: 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 in no way constitute damage to the user, who cannot claim any compensation. thereby.
c) Deletion of cookies
The user also has the possibility of deleting the 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 an action has no effect on his navigation on this site, but causes the user to lose all the benefit provided by the cookie. In this case, he will have to re-enter all the information concerning him.
All the elements constituting this site belong to the publisher or are the subject of an operating license and are protected by legislation relating to intellectual property.
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be liable to give rise to legal proceedings against him. by the publisher or his beneficiaries.
This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.
Likewise, the user acknowledges being informed that the matrix of these general conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be the subject of legal proceedings for economic parasitism.
a) Modification of the general conditions
These general conditions can be modified at any time by the publisher of the site or its agent. The general conditions applicable to the user are those in force on the day of his order. The publisher obviously undertakes to keep all of its old general conditions and to send them to any user who requests them.
b) Applicable law and competent courts
These general conditions are subject to the application of French law and the exclusive jurisdiction of French courts. The language of the contract is French, any version available in a foreign language on the site is only informative. Likewise, this site may be translated into various languages in order to facilitate navigation for non-French speaking users who wish to order on the site.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER HAVING THE QUALITY OF TRADER, IN THE MEANING OF FRENCH JURISDICTIONS, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN WHICH THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for provisions of public order, any disputes which may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
If one of the clauses of these general conditions were to be declared null by a court decision, this nullity could not invalidate all the other clauses, which would continue to have their effect.
e) No waiver
The fact, for the parties, of not availing themselves temporarily or permanently of one or more clauses of these general conditions, will in no case imply a waiver of availing themselves of the rest of the general conditions.
If a consumer wishes to cancel his order, he can use the form below.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of Patrick DELAUME - 8 GRAND'RUE RAIMOND VII - 81170 CORDES-SUR -SKY. Reachable on 06 34 24 84 45 or by email at the following address: email@example.com
I / we (*) hereby notify / notify you (*) of my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:
∗ Ordered on (*) / received on (*): ........................................ ................
∗ Name of consumer (s): ....................... ...................................
∗ Address of consumer (s): .... .................................................. ......
Signature of consumer (s) (only if this form is notified on paper): ....
∗ Date: ............... ...........................................
(*) Delete the unnecessary mention .
Médiation de la consommation AME, 11 Place Dauphine, 75001 Paris