Terms of Sales

Terms and Conditions of Sale for the {{company:websiteName}} Website

effective from {{runtime:currentDate}}

ARTICLE 1. PARTIES

These general conditions are applicable between {{company:companyName}}, a {{company:companyType}}{{if:isNotCompanyTypeAutoEntrepreneur}} with share capital of {{company:capital}} €{{endif:isNotCompanyTypeAutoEntrepreneur}}, registered with the RCS of {{company:registrationState}} in {{company:registrationCountry}}{{if:isNotCompanyTypeAutoEntrepreneur}} on {{company:registrationDate}}{{endif:isNotCompanyTypeAutoEntrepreneur}}, under number {{company:companyRegistrationID}}, with its registered office at {{company:address1}}, {{company:country}}, telephone: {{company:phone}}, email: {{company:email}}, {{if:hasVatNumber}} intra-community VAT number: {{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, private or public, 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, private or public, registered on the Site.

"Site Content": elements of any kind published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

"The Publisher": {{company:companyName}}, {{company:companyType}} in its capacity as publisher of the Site.

"Internet User": any person, natural or legal, private or public, connecting to the Site.

"Product": any type of good sold on the Site by the Publisher to Customers.

"Site": website accessible at the URL {{company:websiteName}}, as well as associated sub-sites, mirror sites, portals, and URL variations.

ARTICLE 3. SCOPE

The Site is freely accessible to all Internet Users. Browsing the Site implies acceptance by all Internet Users of these general conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or a browser, implies full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.

The Internet User acknowledges having fully read and accepted them without restriction.

Ticking the aforementioned box will be considered to have the same value as a handwritten signature from the Internet User. The Internet User acknowledges the evidential value of the Publisher's automatic recording systems and, unless they provide proof to the contrary, they waive the right to contest them in the event of a dispute.

These general conditions are applicable to the relationships between the parties to the exclusion of all other conditions, and in particular those of the Internet User.

Acceptance of these general conditions implies that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or 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

To place an order, Internet Users can select one or more Products and add them to their cart. Product availability is indicated on the Site, in the descriptive sheet of each item. When their order is complete, they can access their cart by clicking on the button provided for this purpose.

5.2. Order validation by the Internet User

By viewing their cart, Internet Users will be able to check the number and nature of the Products they have chosen and can check their unit price, as well as their total price. They will have the option to remove one or more Products from their cart.

If they are satisfied with their order, Internet Users can validate it. They will then access a form where they can either enter their login details if they already have them, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Customer

Once they are logged in or after they have fully 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 to the secure payment interface with the mention "order with payment obligation" or any similar phrase.

5.4. Order confirmation by the Publisher

Once payment is effectively received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming its processing, including all relevant 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 to the future.

The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.

6.2. Payment method

The Customer can make payment by {{company:paymentGateways}}.

For credit card payments, the Publisher does not have access to any data relating to the Customer's payment methods. Payment is made directly to the banking institution.

In the case of payment by money order, check, or bank transfer, delivery times only begin from the date of payment collection by the Publisher.

6.3. Invoicing

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. Payment default

Agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.

Any sum not paid on the due date will automatically and without prior notice result in the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the principal sums due.

Furthermore, any delay in payment will result in the defaulting Customer being charged collection fees of 40 euros, the immediate enforceability of all outstanding sums regardless of the agreed deadlines, increased by compensation of 20% of the amount by way of a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's expense. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.

6.5. Retention of title

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 following non-premium rate telephone number: {{company:afterSalePhone}}, by email at: {{company:afterSaleEmail}} or by postal mail to the address indicated in Article 1 of these general conditions. In the latter 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 contact page of the site: {{company:afterSaleWebPage}} or by email at {{company:afterSaleEmail}} or by postal mail to the address indicated in Article 1 of these general conditions. {{endif:customerServiceInactive}}

ARTICLE 8. PERSONAL ACCOUNT

8.1. Creation of a personal account

Creating a personal account is an essential prerequisite for any Internet User's order on the Site. To this end, the Internet User will be asked to provide certain personal information. Some of this information is deemed essential for the creation of the personal account. The refusal by an Internet User to provide said information will prevent the creation of the personal account and, incidentally, the validation of the order.

When creating the personal account, the Internet User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The Internet User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to an Internet User's personal account.

The Customer undertakes to regularly check the data concerning them and to update and modify it online, from their personal account.

8.2. Content of the personal account

The personal account allows the Customer to consult and track all their orders placed on the Site.

The pages relating to personal accounts are freely printable by the account holder concerned, but do not in any way constitute admissible evidence by a court. They are for informational purposes only, intended to ensure efficient management of their orders by the Customer.

The Publisher undertakes to securely keep all contractual elements whose retention is required by law or current regulations.

8.3. Deletion of the personal account

The Publisher reserves the right to delete the account of any Customer who violates these general conditions, particularly when the Customer provides inaccurate, incomplete, false, or fraudulent information, as well as when a Customer's personal account has remained inactive for at least one year. Said deletion will not be liable to constitute a fault of the Publisher or damage to the excluded Customer, who will not be entitled to any compensation as a result.

This exclusion is without prejudice to the possibility for the Publisher to initiate legal proceedings against the Customer, when the facts have justified it.

ARTICLE 9. PERSONAL DATA

As part of its service, the Publisher will process personal data of its Customers.

9.1. Identity of the data controller

The controller of data collected and processed on the Site is the Publisher.

9.3. Collected data

9.3.1. Data collected from customers

As part of its contractual relationships, the Publisher may 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 aimed at:

• Initiating legal proceedings;
• Verifying the identity of Customers;

9.3.3. Legal bases for processing

The collected data is based on a contractual relationship.

9.3.4. Data recipients

The collected data is only viewable by the Publisher within the limits strictly necessary for the performance of contractual obligations.

This data, whether in individual or aggregated form, is never made freely viewable by a third natural person.

9.3.5. Personal data retention period

Personal data collected is retained for the duration of the contractual relationship, and for the period 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 keeping a copy.

9.3.6. Security and confidentiality of personal data

Personal data is kept securely, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.

Access to the Publisher's premises is also secured.

9.3.7. Data minimization

The Publisher may also collect and process any data voluntarily transmitted by its Customers.

The Publisher guides its Customers to provide personal data strictly necessary for the fulfillment of contractual obligations.

The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any unnecessary data received as soon as possible.

9.4. Respect for Rights

The Publisher's Clients have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by filling out the online contact form.

9.4.1. Right to Information, Access, and Communication of Data

The Publisher's Clients can access their personal data.

Due to the Publisher's obligation of security and confidentiality in processing personal data, requests will only be processed if Clients provide proof of their identity, particularly by producing a scan of a valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of a valid identity document (in the case of a written request), both accompanied by the statement "I certify on my honor that the copy of this identity document is true to the original. Done at… on…", followed by their signature.

To assist them, Clients can find here a model letter prepared by the CNIL.

9.4.2. Right to Rectification, Deletion, and Right to be Forgotten

The Publisher's Clients can request the rectification, update, locking, or deletion of their personal data that may be inaccurate, erroneous, incomplete, or obsolete.

The Publisher's Clients can also define general and specific directives regarding the fate of personal data after their death. If applicable, the heirs of a deceased person can request that the death of their loved one be taken into account and/or that necessary updates be made.

To assist them, Clients can find here a model letter prepared by the CNIL.

9.4.3. Right to Object to Data Processing

The Publisher's Clients can object to the processing of their personal data.

To assist them, Clients can find here a model letter prepared by the CNIL.

9.4.4. Right to Data Portability

The Publisher's Clients 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 Clients have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be stored and no longer used by the Publisher.

9.4.6. Response Times

The Publisher undertakes to respond to any request for access, rectification, or opposition, or any other additional request for information, within a reasonable period not exceeding 1 month from receipt of the request.

9.4.7. Complaint to the Competent Authority

If the Publisher's Clients believe that the Publisher is not fulfilling its obligations regarding their personal data, they can submit a complaint or request to the competent authority. In France, the competent authority is the CNIL, to which they can submit 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 Clients' data. These service providers may be located outside the European Union.

The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use, and data protection, for example, via the US Privacy Shield.

The Publisher uses the following subcontractors:

{{privacy:partnerTable}}

9.5.2. Transfer upon Requisition or Judicial Decision

Clients also consent to the Publisher communicating the collected data to any person, upon requisition from 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, asset sale, financing operation, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Clients consent to the collected data being transferred by the Publisher to that company and to that company carrying out the personal data processing referred to in these General Terms of Service in place of the Publisher.

ARTICLE 10. PUBLISHER'S LIABILITY

10.1. Nature of the Publisher's Obligations

The Publisher undertakes to exercise the necessary care and diligence in providing quality Products in accordance with the specifications of these General Terms. The Publisher is only bound by an obligation of means concerning the services covered herein.

10.2. Force Majeure - Client's Fault

The Publisher shall not be held liable in cases of force majeure or client fault, 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, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Client, hacking, a security breach 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 Publisher's reasonable control, shall be considered a case of force majeure enforceable against the Client. In such circumstances, the Publisher shall be exempted from performing its obligations to the extent of such impediment, limitation or disruption.

10.2.2. Client's Fault

For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission, or failure on the part of the Client or its employees, non-compliance with the advice given by the Publisher on its Site, any unlawful disclosure or use of the Client's password, codes, and references, as well as the provision of erroneous information or the failure to update such information in their personal space, shall be considered a fault of the Client enforceable against them. Also considered a fault of the Client shall be 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 terms and conditions of sale.

10.3. Technical Problems - Hyperlinks

In the event of inability to access the Site due to technical problems of any kind, the Client may not claim damages or any compensation. Unavailability, even prolonged and without any time limit, of one or more online services cannot constitute prejudice for Clients and cannot under any circumstances give rise to the awarding of damages by the Publisher.

Hyperlinks on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites violates current legislation. Similarly, the Publisher cannot be held liable if the Internet user's visit to one of these sites causes them harm.

Given the current state of technology, 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 to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. These variations and differences cannot under any circumstances be attributed to the Publisher, who cannot in any way be held liable as a result.

10.4. Damages payable by the Publisher

In the absence of contrary legal or regulatory provisions, the Publisher's liability is limited to the direct, personal, and certain damage suffered by the Client and related to the default in question. The Publisher cannot under any circumstances be held responsible for indirect damages such as, in particular, data loss, commercial prejudice, loss of orders, damage to brand image, commercial disruption, and loss of profits or customers. Similarly and within the same limits, the amount of damages charged to the Publisher cannot in any event exceed the price of the ordered Product.

10.5. Hyperlinks and Site Content

The content of the Site is published for informational purposes, without guarantee of accuracy. The Publisher cannot under any circumstances be held responsible for any omission, inaccuracy, or error contained in this information that would cause direct or indirect damage to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal Protection of Site Content

The Site's Content 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 beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may lead to legal proceedings for infringement.

11.2. Contractual Protection of Site Content

The Internet user contractually undertakes with the Publisher not to use, reproduce, or represent, in any manner whatsoever, the Content of the Site, whether or not it is protected by an intellectual property right, for any purpose other than its reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site's content for indexing purposes.

ARTICLE 12. FINAL STIPULATIONS

12.1. Applicable Law

These general conditions are subject to French law.

12.2. Modifications to these General Terms and Conditions

These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Client are those in force on the day of their order or connection to this Site, any new connection to the personal area implying acceptance, if applicable, of the new general terms and conditions.

12.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes that may arise in the context of the execution of these general conditions and for which no amicable solution could have been found beforehand between the parties must be submitted.

Furthermore, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1, 2016, mediation is mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in case of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

{{company:mediationServiceName}} / {{company:mediationUrl}}

12.4. Entirety

The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a hypothesis, the parties shall, as far as possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and purpose of these presents.

12.5. Non-Waiver

The Publisher's failure to exercise the rights granted to it by these presents shall in no case be interpreted as a waiver of said rights.

12.6. Telephone Solicitation

The Client is informed that they can register on the telephone solicitation opposition list at http://www.bloctel.gouv.fr/.

12.7. Language of these General Terms and Conditions

These general terms and conditions are offered in French.

12.8. Abusive Clauses

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.