General Terms and Conditions of Sale
General Terms and Conditions of Sale for Consumers
PREAMBLE
The Seller operates an e-commerce business and offers an online product sales service on the following websites:
Part 1 of these general terms and conditions (hereinafter referred to as "Conditions") is exclusively reserved for consumer Buyers and non-professionals.
ARTICLE 1 - DEFINITIONS
The terms used within the Conditions shall have the meaning given to them below:
Buyer: a natural person acquiring Products through one of the Sites.
Order: the Buyer's purchase order for one or more Products, accepted by the Seller in accordance with the Conditions.
Email: a computerized document that a user enters, sends, or views asynchronously through a network.
Internet: a global network that combines telecommunications resources and server and client computers, designed for the exchange of electronic messages, multimedia information, and files. It operates using a common protocol that allows for the step-by-step routing of messages broken down into independent packets.
Party(ies): The Buyer and/or the Seller.
Product: a product offered for sale on the Site by the Seller.
Sites (Websites or Internet Sites): Internet sites accessible at the addresses mentioned in the preamble on which the Seller offers the Products for sale.
Seller: SOLUTIONS ELASTOMERES SAS, 10 rue Ferdinand – 42000 SAINT-ETIENNE (France), Tel: 04 77 47 51 92, Fax: 04 77 47 02 54, email: [email protected], RCS 488574971 (Saint-Etienne) – VAT: FR23 488 574 971 – Capital: €65,000, offering the Products for sale through the Sites.
ARTICLE 2 - PURPOSE
The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in the context of the sale of Products through the Sites.
ARTICLE 3 - SCOPE OF APPLICATION
The Conditions apply to all sales of Products by the Seller to the Buyer, made through the Sites.
An Order will only be considered by the Seller after the Buyer's prior acceptance of the Conditions.
ARTICLE 4 - ORDER
The Buyer places their Order through the Sites.
All contractual information is presented in French.
This information will be confirmed by email at the latest upon delivery.
The Buyer declares that they have read the Conditions before placing their Order and acknowledges that validating their Order implies acceptance of these terms.
The Buyer also acknowledges that the Conditions are made available to them in a way that allows for their storage and reproduction, in accordance with Article 1369-4 of the Civil Code.
The offers presented by the Seller on the Sites are valid for a minimum of 30 days.
To place the Order, the Buyer must provide the Seller with their personal data and fill out an online form accessible from the Sites.
The sales contract between the Seller and the Buyer is formed when the Buyer clicks the "Validate" button during the Order confirmation.
Until this final step, the Buyer will have the opportunity to go back to previous pages and correct and modify their Order and the information provided previously.
A confirmation email acknowledging receipt of the Order and containing all this information will then be sent to the Buyer as soon as possible.
The Buyer must, therefore, provide a valid email address when filling in the fields related to their identity.
In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by phone, email, or fax as soon as this unavailability is known.
This unavailability results in the cancellation of the Order and the refund to the Buyer, without delay and no later than within 14 days, of the price of this order if their bank account has been debited.
The refund will be made by sending a check or crediting the debited bank account.
ARTICLE 5 - PAYMENT
The prices of the Products indicated on the Site pages correspond to prices excluding taxes and logistic preparation and shipping fees. The Seller reserves the right to modify the prices of the Products presented on the Sites. However, the Products will be invoiced to the Buyer based on the rates in effect at the time of Order validation. Payment for the Order will be made by:
- Credit Card via the secure site Axepta BNP PARIBAS (immediate debit)
- Bank Transfer (debit after the order is given by the buyer to their bank)
- Check (debit upon receipt of the check)
- Paypal (immediate debit)
Payment by credit card or Paypal cannot be canceled. Therefore, payment of the Order by the Buyer is irrevocable, without prejudice to the Buyer's right of withdrawal or subsequent cancellation of the Order.
TRANSFER OF OWNERSHIP OF THE PRODUCT TO THE BUYER WILL ONLY OCCUR UPON FULL RECEIPT OF THE PRICE BY THE SELLER.
ARTICLE 6 - DELIVERY
The Product will be delivered to the address provided by the Buyer in the form completed during the Order.
The Seller undertakes to deliver the Product subject to the Order within thirty days from the day following Order validation.
In the event of a delivery delay following the shipment of the Product, the Buyer may cancel the Order and be refunded the price of the Product as well as return fees.
If the Product is delivered after the cancellation of the Order, the refund will be made upon receipt of the Product by the Seller in its original condition.
In the event of a delay beyond this period by the Seller in the shipment of the Product, an email will be sent to the Buyer, who will have the option to cancel the Order and, if their bank account has already been debited, be refunded the price of the Product within 14 days.
The return of the Product and the refund to the Buyer will take place under the conditions provided for in Article 7 "Cancellation - Withdrawal - Refund".
ARTICLE 7 - CANCELLATION - WITHDRAWAL - REFUND
The Buyer has the option to cancel the Order immediately upon its conclusion.
Furthermore, from the receipt of the Product by the Buyer, they have a withdrawal period of 14 days, allowing them, without having to provide specific reasons, to return the delivered Product.
If the Buyer exercises this right of withdrawal within the period of 14 clear days from the receipt of the Product, the Seller undertakes to refund the relevant products to the Buyer without delay and no later than 14 days following the date on which this right was exercised (provided that the Product has been returned in perfect condition to the Seller within the aforementioned period).
The return transport costs will be borne by the Buyer.
To exercise these rights to cancel the Order and withdraw, the Buyer must print and complete the withdrawal form accessible on the following page:
Withdrawal Form
Confirmation acknowledging receipt of this return request will be sent to the Buyer by email.
In the event of a dispute, the buyer has the option to use the consumer mediation procedure by contacting the association under French law 1901 whose details are provided below:
Chambre Nationale des Praticiens de la Médiation CNPM
23 rue de Terrenoire - 42100 SAINT-ETIENNE
Tel: 04 77 49 45 89
CNPM Website
ARTICLE 8 - RIGHT TO OPPOSE TELEPHONE SOLICITATION
In accordance with Article L.223-2 of the Consumer Code, the Buyer is informed of their right to register on a telephone solicitation opposition list (such as BLOCTEL).
ARTICLE 9 - WARRANTY
If the Product received by the Buyer does not conform to the Product specified in their Order, the Product will be replaced or repaired, depending on the Buyer's preference, unless this preference results in a cost that is manifestly disproportionate compared to the other option.
If the preference expressed by the Buyer cannot be carried out within one month following their claim, or if this repair or replacement is impossible, the Buyer may choose either to return the Product and then be refunded the price of the Product if payment has already been made, or to keep the Product and only be partially reimbursed.
In addition, without prejudice to their rights of withdrawal, cancellation, and the aforementioned conformity warranty, the Buyer also benefits from the warranty against hidden defects as provided for in Articles 1641 to 1649 of the Civil Code.
These warranties are provided at no cost to the Buyer. Return postage costs will be borne by the Seller.
When acting under the legal conformity warranty, the consumer:
- has a period of two years from the delivery of the goods to take action;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the conformity defect of the goods for six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal conformity warranty applies independently of any commercial warranty that may be granted.
The consumer may decide to exercise the warranty against hidden defects in the sold item as referred to in Article 1641 of the Civil Code, and in this case, they may choose between cancelling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
ARTICLE 10 - LIABILITY
The Seller is automatically liable to the Buyer for the proper performance of the Order. However, the Seller's liability cannot be incurred if they can prove that the non-performance or improper performance of their obligations is attributable to the Buyer, an unforeseeable and insurmountable act of a third party unrelated to the provision of services under the Conditions, or a case of force majeure.
The Seller cannot be held liable for damages resulting from the Buyer's fault in the use of the Products.
ARTICLE 11 - INTELLECTUAL PROPERTY
All elements published on the Sites, such as sounds, images, photographs, videos, writings, animations, programs, graphic design, utilities, databases, and software, are protected by the provisions of the Intellectual Property Code and belong to the Seller.
The Buyer agrees not to infringe the intellectual property rights related to these elements, including reproducing, representing, modifying, adapting, translating, extracting, and/or reusing a qualitatively or quantitatively substantial part, excluding acts necessary for their normal and proper use.
ARTICLE 12 - PERSONAL DATA
The Buyer is informed that, during their navigation and as part of the Order, personal data concerning them is collected and processed by the Seller as the data controller, in particular through the online form for placing the Order.
The Buyer is informed that the Order cannot be placed if this form is not properly completed. This form indicates whether the fields to be filled in are optional or mandatory.
The recipients of the data collected in this way will be the individuals in the Sales Department of SOLUTIONS ELASTOMERES.
This processing has been declared to the Commission Nationale Informatique et Libertés (French Data Protection Authority) in accordance with Law No. 78-17 of January 6, 1978.
This data is used for Order processing and to improve and personalize the services offered by the Seller.
It will not be transmitted to third parties.
The Buyer has the right to object, for legitimate reasons, to the processing of personal data concerning them.
They have the right to object, free of charge, to the use of their data for prospecting purposes, including commercial prospecting, by the Seller or by the data controller for subsequent processing.
The Buyer, upon proof of their identity, has the right to question the Seller to obtain confirmation as to whether personal data concerning them is being processed, information about the purposes of the processing, the categories of personal data processed, and the recipients or categories of recipients to whom the data is communicated, if applicable, information about the transfer of personal data to a non-European Union country, and communication, in an accessible form, of personal data concerning them as well as any available information about their origin, information allowing them to know and challenge the logic behind automated processing in the event of a decision made based on such processing that produces legal effects concerning them.
The Buyer is informed that a copy of the personal data can be provided upon request.
The Buyer, upon proof of their identity, also has the right to require the Seller to rectify, complete, update, lock, or erase personal data concerning them that is inaccurate, incomplete, equivocal, out of date, or for which collection, use, communication, or retention is prohibited.
To exercise this right, the Buyer will send a letter to the Seller as the data controller, at the following address: SOLUTIONS ELASTOMERES – Complaints Department – 10 rue Ferdinand – 42000 SAINT-ETIENNE.
When the Buyer so requests, the Seller shall justify, at no cost to the Buyer, that it has indeed performed the required operations.
The Buyer is hereby informed that in the event of a dispute, the burden of proof shall be incumbent upon the Seller, except when it is established that the disputed data was communicated by the Buyer or with his or her agreement.
The Buyer is also informed that, when he obtains a modification of the recording, he is entitled to obtain reimbursement of the expenses corresponding to the cost of the aforementioned copy.
ARTICLE 13 - AGREEMENT ON PROOF
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, provided that technical security measures designed to guarantee the confidentiality of the data exchanged are put in place.
Both Parties agree that the e-mails exchanged between them are valid proof of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of Sales Orders.
ARTICLE 14 - PARTIAL INVALIDITY
Should one or more of the provisions of the present Terms be held to be unlawful or invalid, such invalidity shall not entail the invalidity of the other provisions of the present Terms, unless such provisions are inseparable from the invalidated provision.
ARTICLE 15 - APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 16 - ATTRIBUTION OF COMPETENCE
The Parties agree that in the event of a dispute arising concerning the execution or interpretation of the Conditions, they shall endeavor to find an amicable solution.
In case of failure of this attempt at amicable resolution of the dispute, the Buyer may refer the matter either to one of the territorially competent jurisdictions under the Code of Civil Procedure, or to the jurisdiction of the place where he/she resided at the time of the conclusion of the contract or of the occurrence of the harmful event.
General Terms and Conditions of Sale to Professionals
PREAMBLE
The Vendor carries out an electronic commerce activity and offers a service of selling Products online on the following websites
Part 2 of these general conditions (hereinafter referred to as "Conditions") are exclusively reserved for professional Buyers in direct relation with their professional practice.
ARTICLE 1 - DEFINITIONS
The terms used in the Conditions shall have the meaning given to them below:
Buyer: natural or legal person acquiring Products through the Sites
Order: purchase order from the Buyer concerning one or more Products and accepted by the Seller in application of the Conditions
E-mail: computerized document that a user enters, sends or consults off-line via a network.
Internet: a worldwide network of telecommunications resources, server and client computers, used for the exchange of electronic messages, multimedia information and files. It functions by using a common protocol which allows the routing of messages from one to another, divided into independent packets.
Party (ies) : The Buyer and/or the Seller
Product: goods offered for sale on the Sites by the Seller
Sites: Internet sites accessible to the addresses mentioned in preamble on which the Salesman proposes the Products to the sale
Seller: SOLUTIONS ELASTOMERES SAS, 10 rue Ferdinand - 42000 SAINT-ETIENNE (France) Tel: 04 77 47 51 92 Fax: 04 77 47 02 54 - email: [email protected] - RCS 488574971 (Saint-Etienne) - VAT: FR23 488 574 971 - Capital 65000 € proposing the Products for sale via the Sites.
ARTICLE 2 - PURPOSE
The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in the context of the sale of Products through the Sites.
ARTICLE 3 - SCOPE OF APPLICATION
The Conditions apply to all sales of Products by the Seller to the Buyer, made through the Sites, unless special conditions are agreed between the Parties.
An Order shall only be accepted by the Seller after prior acceptance of the Conditions by the Buyer.
The Conditions shall prevail over the general conditions of purchase.
ARTICLE 4 - ORDERING
The Buyer shall place an Order through the Sites, by fax, by e-mail or by mail.
All contractual information is presented in French on the Sites and will be confirmed by e-mail or fax at the latest at the time of delivery.
The Purchaser declares that he/she has read the Terms and Conditions before placing his/her Order and acknowledges that the validation of his/her Order implies the acceptance of their terms.
The Buyer further acknowledges that the Conditions are made available to him/her in a manner allowing for their preservation and reproduction, in accordance with Article 1369-4 of the Civil Code.
In order to place the Order, the Buyer must provide the Seller with data concerning him/her and fill in an online form accessible from the Sites.
The sales contract between the Seller and the Buyer is formed when the Buyer clicks on the "Validate" button when confirming his/her Order.
Until this final step, the Buyer shall have the possibility to go back to the previous pages and to correct and modify his/her Order and the information previously provided.
A confirmation e-mail, acknowledging receipt of the Order and containing all of this information, will then be sent to the Purchaser as soon as possible.
The Buyer must therefore provide a valid e-mail address when filling in the fields relating to his/her identity.
An invoice will be issued to Buyer upon completion of the sale.
In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by e-mail, fax or telephone as soon as it is aware of such unavailability.
The Seller shall then offer the Buyer the possibility of providing him/her, in exchange for the Product ordered, a Product of equivalent quality and price.
In the event of an Order placed by a Buyer who has not paid for previous Orders, the Seller may refuse to honor the Order, without the Buyer being entitled to claim any compensation in this respect. Such refusal shall result in the reimbursement to Buyer of the price of such Order if Buyer's bank account has been debited.
ARTICLE 5 - PAYMENT
The prices of the Products indicated on the Site pages are net prices, excluding taxes and transport.
The Products shall be invoiced to the Buyer on the basis of the prices in force at the time the Order is validated.
The payment of the Order will be carried out according to the following methods, after agreement between the two parties:
- by check, bank transfer, credit card or Paypal at the time of order
- by accepted or direct debit draft, by bank transfer, by promissory bill within a maximum of 45 days after invoice
The payment order made by credit card or Paypal cannot be cancelled. Therefore, the payment of the Order by the Buyer is irrevocable, without prejudice to the Buyer's right to cancel the Order at a later date.
The due date is indicated on the invoice.
Late payment shall automatically result in late payment penalties from the day following the date indicated on the invoice, which shall not be less than one and one-half times the legal interest rate.
The Order may be cancelled and the sale rescinded by Seller and, if applicable, the Product returned, in the event of non-payment 30 days after Seller has sent an unsuccessful demand for payment.
THE TRANSFER OF OWNERSHIP OF THE PRODUCT TO THE BUYER WILL ONLY TAKE PLACE AT THE TIME OF FULL PAYMENT OF THE PRICE BY THE SELLER.
ARTICLE 6 - MODIFICATION OF THE ORDER
The Buyer wishing to modify or cancel the Order shall send the Seller a registered letter with acknowledgement of receipt.
However, this request may not be taken into account if the letter is sent after the Product has been shipped.
A confirmation of receipt of this request will be sent by e-mail or fax.
ARTICLE 7 - DELIVERY - TIME LIMIT
Delivery shall be made to the address indicated by the Buyer at the time of placing the Order, or by notification of availability in the absence of the recipient.
Orders are processed according to the order in which they are validated and the availability of the Products.
The delivery times indicated at the time of the Order are purely indicative and depend on supply and transport possibilities.
Exceeding this deadline shall not give rise to any late delivery penalties.
If the delivery time is exceeded by more than 30 days and is not due to force majeure, an e-mail or fax will be sent to the Buyer and the Buyer will have the possibility to cancel the Order.
The Product will be delivered to the address indicated by the Buyer in the form filled out at the time of the Order and will travel at the Buyer's risk.
ARTICLE 8 - RECEPTION
In the event of damage or partial loss of the Products, it is the responsibility of the Buyer to make reservations with the carrier.
The Buyer acknowledges that the action against the carrier is extinguished if the latter has not, by extrajudicial act or registered letter, notified its reasoned complaint to the carrier within three days of receipt.
Notwithstanding the reservations made with the carrier, Buyer may file claims with Seller within 7 days of receipt in the event of defects, shortages or non-conformity of the Products delivered to the specifications of the Order.
Such claim must be made by sending a registered letter with return receipt to the Seller.
Any claim made outside of the time limit set forth above shall not be taken into account by the Seller.
In the event of defects, shortages or non-conformity of the Product, established by the Buyer and noted by the Seller, this Product will be replaced or repaired, depending on the wish expressed by the Buyer.
The Parties agree that a Product may be returned to Seller only after prior express authorization by Seller.
Products are returned at Buyer's expense and risk.
If the Product is not returned in the condition in which it was delivered, the Buyer will not be reimbursed for the full price.
ARTICLE 9 - WARRANTY
The Buyer benefits from the guarantee of hidden defects on the Product as provided for in articles 1641 to 1649 of the Civil Code.
The warranty shall not apply to deterioration due to wear and tear or to improper use of the Product by the Buyer.
ARTICLE 10 - LIABILITY
The Seller shall be liable to the Buyer for the proper performance of the Order.
However, the Seller shall not be liable if it proves that the non-performance or improper performance of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable act of a third party unrelated to the provision of the services provided for in the Conditions, or to an event of force majeure.
The Seller shall not be liable for damages resulting from a fault of the Buyer in the use of the Products.
ARTICLE 11 - INTELLECTUAL PROPERTY
All the elements published on the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the Intellectual Property Code and belong to the Seller.
The Buyer shall refrain from infringing the intellectual property rights relating to these elements and in particular from reproducing, representing, modifying, adapting, translating, extracting and/or reusing a qualitatively or quantitatively substantial part of them, with the exception of the acts necessary for their normal and proper use.
ARTICLE 12 - PERSONAL DATA
The Buyer is hereby informed that, when browsing the Web site and placing an Order, personal data concerning the Buyer shall be collected and processed by the Seller as the data controller, in particular via the online form used to place the Order.
The Buyer is hereby informed that the Order cannot be placed if this form is not correctly filled in.
This form contains an indication of the optional or mandatory nature of the fields to be filled in.
The recipients of the data thus collected will be the members of the Solutions Elastomeres sales team.
This processing is subject to a declaration to the National Commission for Information Technology and Civil Liberties in application of law n°78-17 of 6 January 1978.
This data is used to process the Order and to improve and personalize the services offered by the Seller.
It is not intended to be transmitted to third parties.
The Buyer has the right to object, for legitimate reasons, to the processing of his personal data.
The Buyer has the right to object, free of charge, to the use of his personal data for canvassing purposes, in particular commercial canvassing, by the Seller or by the person responsible for further processing.
The Buyer, if he proves his identity, has the right to question the Seller in order to obtain confirmation that personal data concerning him are or are not the subject of this processing, information concerning the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are communicated, where appropriate, information on proposed transfers of personal data to a State which is not a member of the European Community, communication in an accessible form of the personal data concerning him/her, and
and of any available information as to the origin of such data, information enabling the logic underlying the automated processing to be ascertained and challenged in the event of a decision being taken on the basis thereof and producing legal effects with respect to the person concerned.
The Buyer is informed that a copy of the personal data can be delivered to him at his request.
The Buyer, if he proves his identity, also has the right to demand from the Seller that personal data concerning him be rectified, completed, updated, locked or deleted, which would be inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited.
In order to exercise this right, the Buyer shall send a letter to the Seller in its capacity as data controller, at the following address SOLUTIONS ELASTOMERES - Service Réclamation - 10 rue ferdinand - 42000 Saint-Etienne.
When the Buyer so requests, the Seller shall prove, at no cost to the Buyer, that it has indeed performed the required operations.
The Buyer is informed that in case of dispute, the burden of proof lies with the Seller, except when it is established that the disputed data were communicated by the Buyer or with his agreement.
The Buyer is also informed that, when he obtains a modification of the recording, the Buyer is entitled to obtain the reimbursement of the expenses corresponding to the cost of the aforementioned copy.
ARTICLE 13 - AGREEMENT ON PROOF
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions.
Both Parties agree that the e-mails exchanged between them shall be valid proof of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of Sales Orders.
ARTICLE 14 - PARTIAL INVALIDITY
Should one or more of the provisions of the present Terms be held to be unlawful or invalid, such invalidity shall not entail the invalidity of the other provisions of the present Terms, unless such provisions are inseparable from the invalidated provision.
ARTICLE 15 - APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 16 - ATTRIBUTION OF COMPETENCE
The Parties agree that in the event of a dispute arising concerning the execution or interpretation of the Conditions, they will endeavor to find an AMIABLE solution.
In case of failure of this attempt at amicable resolution of the dispute, it will be brought before the Courts of Saint-Etienne (42).