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General Terms and Conditions of Sale for Consumers
PREAMBLE
The Seller carries out an e-commerce activity and offers an online Product sales service on the following website:
Part 1 of these general terms and conditions (hereinafter referred to as the “Conditions”) is exclusively reserved for non-professional consumer Buyers.
ARTICLE 1 – DEFINITIONS
The terms used in these Conditions shall have the meaning given to them below:
Buyer: natural person purchasing Products via 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: computerised document that a user enters, sends or consults at a later time via a network.
Internet: global network linking telecommunications resources and client and server computers, intended for the exchange of electronic messages, multimedia information and files. It operates using a common protocol that allows messages, broken down into independent packets, to be routed step by step.
Party (Parties): the Buyer and/or the Seller
Product: goods offered for sale on the Site by the Seller
Sites (websites or Internet sites): websites 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: +33 (0)4 77 47 51 92 Fax: +33 (0)4 77 47 02 54 – email: [email protected] – RCS 488574971 (Saint-Etienne) – VAT: FR23 488 574 971 – Share capital €65,000, offering 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 connection with the sale of Products via the Sites.
ARTICLE 3 – SCOPE
The Conditions apply to all sales of Products by the Seller to the Buyer carried out via the Sites.
An Order will only be processed by the Seller after prior acceptance of the Conditions by the Buyer.
ARTICLE 4 – ORDER
The Buyer places an Order via the Sites.
All contractual information is presented in French.
This information will be confirmed by email at the latest at the time of delivery.
The Buyer declares having read the Conditions prior to placing the Order and acknowledges that validation of the Order implies acceptance of their terms.
The Buyer further acknowledges that the Conditions are made available in a manner that allows their storage and reproduction, in accordance with Article 1369-4 of the French Civil Code.
The offers presented by the Seller on the Sites are valid for a minimum of 30 days.
To place an Order, the Buyer must provide the Seller with personal information and complete 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 the Order.
Up to this final stage, the Buyer will have the possibility to return to the previous pages and correct or amend the Order and the information provided previously.
A confirmation Email, acknowledging receipt of the Order and summarising all this information, will then be sent to the Buyer as soon as possible.
The Buyer must therefore provide a valid email address when completing the fields relating to their identity.
If a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by telephone, Email or fax as soon as it becomes aware of this unavailability.
This unavailability results in the cancellation of the Order and the Buyer will be refunded, without delay and at the latest within 14 days, the price of that Order if their bank account has already been debited.
The refund will be made by sending a cheque or by crediting the debited bank account.
ARTICLE 5 – PAYMENT
The Product prices shown on the pages of the Sites correspond to prices excluding tax and excluding logistics preparation and shipping costs.
The Seller reserves the right to amend the prices of the Products displayed on the Sites.
However, the Products will be invoiced to the Buyer based on the prices in force at the time the Order is validated.
Payment for the Order shall be made as follows:
By bank card via the secure Axepta BNP PARIBAS website (immediate debit)
By bank transfer (debit after the order given by the Buyer to their bank)
By cheque (debit upon receipt of the cheque)
By PayPal (immediate debit)
The payment instruction made by bank card or PayPal cannot be cancelled. As a result, payment for the Order by the Buyer is irrevocable, without prejudice to the Buyer’s right of withdrawal or subsequent cancellation of the Order.
OWNERSHIP OF THE PRODUCT SHALL ONLY BE TRANSFERRED TO THE BUYER UPON FULL AND EFFECTIVE RECEIPT OF PAYMENT BY THE SELLER.
ARTICLE 6 – DELIVERY
The Product will be delivered to the contact details provided by the Buyer in the form completed when placing the Order.
The Seller undertakes to deliver the Product covered by the Order within thirty days from the day following validation of the Order.
In the event of a delivery delay after the Product has been dispatched, the Buyer may cancel the Order and obtain a refund of the price of the Product as well as the return costs.
If the Product is delivered after the Order has been cancelled, the refund will be made upon receipt by the Seller of the Product in its original condition.
In the event that this time limit is exceeded by the Seller in the context of dispatching the Product, an email will be sent to the Buyer, who will then have the possibility to cancel the Order and, if their bank account has already been debited, obtain a refund of 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 set out below in Article 7 “Cancellation – Withdrawal – Refund”.
ARTICLE 7 – CANCELLATION – WITHDRAWAL – REFUND
The Buyer may cancel the Order as soon as it has been concluded.
In addition, from receipt of the Product by the Buyer, the Buyer has a withdrawal period of 14 days, allowing them, without having to provide any particular reason, to return the delivered Product.
If the Buyer exercises this right of withdrawal within 14 clear days from receipt of the Product, the Seller undertakes to refund the relevant Products to the Buyer without delay and at the latest within 14 days following the date on which this right was exercised (subject to the Product having indeed been returned in perfect condition to the Seller within the time limit indicated above).
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to products made to measure or cut according to the Buyer’s specifications; as such, hoses and ducts cut to size on request cannot be returned or exchanged.
Return shipping costs shall be borne by the Buyer.
To exercise these rights of Order cancellation and withdrawal, the Buyer must print and complete the withdrawal form available at the following page:
An acknowledgement of receipt of this return request will be sent to the Buyer by email.
In the event of a dispute, the Buyer has the possibility of using consumer mediation by directly contacting the non-profit association governed by the Law of 1901 whose contact details appear below:
Chambre Nationale des Praticiens de la Médiation (CNPM)
23 rue de Terrenoire - 42100 SAINT-ETIENNE
Tel: +33 (0)4 77 49 45 89
ARTICLE 8 – RIGHT TO OBJECT TO TELEPHONE SOLICITATION
In accordance with Article L.223-2 of the French Consumer Code, the Buyer is informed of their right to register on a list to object to telephone solicitation (such as BLOCTEL).
ARTICLE 9 – WARRANTY
If the Product received by the Buyer does not conform to the Product specified in the Order, this Product will be replaced or repaired, according to the Buyer’s expressed preference, unless this choice entails a manifestly disproportionate cost compared with the other option.
If the option chosen by the Buyer cannot be implemented within one month of the complaint, or if repair or replacement is impossible, the Buyer may either return the Product and obtain a refund of the price of this Product if payment has already been made, or retain the Product and receive a partial refund of the price.
In addition, without prejudice to the above-mentioned rights of withdrawal, cancellation and conformity guarantee, the Buyer benefits from the warranty against hidden defects on the Product as provided for in Articles 1641 to 1649 of the French Civil Code.
These guarantees are provided at no cost to the Buyer. Postal return costs shall be borne by the Seller.
When acting under the legal conformity guarantee, the consumer:
- has a period of two years from delivery of the goods in which to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempted from having to prove the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal conformity guarantee applies independently of any commercial guarantee that may have been granted.
The consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code and, in this case, may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
ARTICLE 10 – LIABILITY
The Seller is fully liable to the Buyer for the proper performance of the Order.
However, the Seller cannot be held liable if it proves that the non-performance or improper performance of its obligations is attributable to the Buyer, to the unforeseeable and unavoidable act of a third party unrelated to the provision of the services covered by the Conditions, or to a case of force majeure.
The Seller cannot be held liable for damage resulting from a fault of the Buyer in the context of use of the Products.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements published on the Sites, such as sounds, images, photographs, videos, texts, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the French Intellectual Property Code and belong to the Seller.
The Buyer undertakes not to infringe the intellectual property rights related to these elements and, in particular, not to reproduce, represent, modify, adapt, translate, extract and/or reuse any qualitatively or quantitatively substantial part thereof, except for acts necessary for their normal and compliant use.
ARTICLE 12 – PERSONAL DATA
The Buyer is informed that, when browsing and in the context of the Order, personal data concerning them are collected and processed by the Seller as data controller, in particular via the online form used to place the Order.
The Buyer is informed that the Order cannot be placed if this form is not properly completed. This form indicates which fields must be filled in and which are optional.
The recipients of the data thus collected are members of the Sales Department of SOLUTIONS ELASTOMERES.
This processing has been declared to the Commission Nationale Informatique et Libertés (CNIL) in application of French law no. 78-17 of 6 January 1978.
This data is used for processing the Order and for improving and personalising the services offered by the Seller.
The data is not intended to be transferred to third parties.
The Buyer has the right, on legitimate grounds, to object to the processing of personal data concerning them.
The Buyer has the right to object, free of charge, to the use of data concerning them for canvassing purposes, particularly commercial canvassing, by the Seller or by the controller of any subsequent processing.
The Buyer, on proof of their identity, has the right to query the Seller in order to obtain confirmation as to whether or not personal data concerning them are 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 are disclosed, where appropriate, information concerning any transfers of personal data envisaged to a State outside the European Community, communication, in an accessible form, of the personal data concerning them, as well as any information available regarding the origin of the data, and information enabling them to understand and contest the logic underlying any automated processing, in the event of a decision taken on the basis of such processing and producing legal effects concerning them.
The Buyer is informed that a copy of the personal data may be provided to them on request.
The Buyer, on proof of their identity, also has the right to require the Seller to rectify, complete, update, block or erase personal data concerning them that are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or storage is prohibited.
To exercise this right, the Buyer will 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 – France.
When the Buyer so requests, the Seller must provide proof, free of charge to the Buyer, that it has carried out the requested operations.
The Buyer is informed that, in the event of a dispute, the burden of proof lies with the Seller, unless it is established that the disputed data were supplied by the Buyer or with the Buyer’s consent.
The Buyer is also informed that, when they obtain a modification of the record, they are entitled to obtain reimbursement of the costs corresponding to the cost of the above-mentioned copy.
ARTICLE 13 – AGREEMENT ON EVIDENCE
It is expressly agreed that the Parties may communicate with one another electronically for the purposes of the Conditions, provided that technical security measures are implemented to ensure the confidentiality of the data exchanged.
The Parties agree that Emails exchanged between them shall constitute valid evidence of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of Orders.
ARTICLE 14 – PARTIAL INVALIDITY
If one or more provisions of the Conditions are held to be unlawful or void, such nullity shall not entail the nullity of the other provisions of the Conditions, unless the said provisions are inseparable from the invalidated provision.
ARTICLE 15 – APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 16 – JURISDICTION
The Parties agree that, in the event of a dispute that may arise concerning the performance or interpretation of the Conditions, they will endeavour to find an amicable solution.
If this attempt at amicable settlement fails, the Buyer may bring the matter before either one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or the court of the place where they were residing at the time the contract was concluded or when the harmful event occurred.
General Terms and Conditions of Sale for Business Customers
PREAMBLE
The Seller carries out an e-commerce activity and offers an online Product sales service on the following website:
Part 2 of these general terms and conditions (hereinafter referred to as the “Conditions”) is exclusively reserved for professional Buyers acting directly in connection with their business activity.
ARTICLE 1 – DEFINITIONS
The terms used in these Conditions shall have the meaning given to them below:
Buyer: natural or legal person purchasing Products via the Sites
Order: the Buyer’s purchase order for one or more Products, accepted by the Seller in accordance with the Conditions
Email: computerised document that a user enters, sends or consults at a later time via a network.
Internet: global network linking telecommunications resources and client and server computers, intended for the exchange of electronic messages, multimedia information and files. It operates using a common protocol that allows messages, broken down into independent packets, to be routed step by step.
Party (Parties): the Buyer and/or the Seller
Product: goods offered for sale on the Sites by the Seller
Sites: websites 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: +33 (0)4 77 47 51 92 Fax: +33 (0)4 77 47 02 54 – email: [email protected] – RCS 488574971 (Saint-Etienne) – VAT: FR23 488 574 971 – Share capital €65,000, offering 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 connection with the sale of Products via the Sites.
ARTICLE 3 – SCOPE
The Conditions apply to all sales of Products by the Seller to the Buyer made via the Sites, except where special terms have been agreed between the Parties.
An Order will only be processed by the Seller after prior acceptance of the Conditions by the Buyer.
The Conditions prevail over the Buyer’s general purchasing conditions.
ARTICLE 4 – ORDER
The Buyer places an Order via the Sites, by fax, by email or by post.
All contractual information is presented in French on the Sites and will be confirmed by email or fax at the latest at the time of delivery.
The Buyer declares having read the Conditions prior to placing the Order and acknowledges that validation of the Order implies acceptance of their terms.
The Buyer further acknowledges that the Conditions are made available in a manner that allows their storage and reproduction, in accordance with Article 1369-4 of the French Civil Code.
To place an Order, the Buyer must provide the Seller with information and complete 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 the Order.
Up to this final stage, the Buyer will have the possibility to return to the previous pages and correct or amend the Order and the information provided previously.
A confirmation Email, acknowledging receipt of the Order and summarising all this information, will then be sent to the Buyer as soon as possible.
The Buyer must therefore provide a valid email address when completing the fields relating to their identity.
Each Order gives rise to an invoice, which is issued to the Buyer as soon as the sale is completed.
If a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by Email, fax or telephone as soon as it becomes aware of this unavailability.
The Seller will then offer the Buyer the option of receiving, 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 fulfil the new Order, without the Buyer being entitled to any compensation in this respect. This refusal will lead to the Buyer being refunded the price of that Order if their bank account has been debited.
ARTICLE 5 – PAYMENT
The Product prices shown on the pages of the Site correspond to net prices, excluding tax and excluding transport costs.
The Products will be invoiced to the Buyer based on the prices in force at the time the Order is validated.
Payment for the Order shall be made under the following terms, after agreement between the Parties:
- by cheque, bank transfer, bank card or PayPal when placing the Order
- by accepted or domiciled bill of exchange, by bank transfer, by promissory note within a maximum of 45 days after the invoice date
The payment instruction made by bank card or PayPal cannot be cancelled. As a result, payment for the Order by the Buyer is irrevocable, without prejudice to the Buyer’s right to cancel the Order at a later stage.
The due date is indicated on the invoice.
Any late payment will automatically give rise to late payment penalties from the day following the date indicated on the invoice, at a rate not less than one and a half times the legal interest rate.
The Order may be cancelled and the sale terminated by the Seller and, where applicable, the Product returned, in the event of non-payment 30 days after the Seller has sent a formal demand for payment that has remained without effect.
OWNERSHIP OF THE PRODUCT SHALL ONLY BE TRANSFERRED TO THE BUYER UPON FULL AND EFFECTIVE RECEIPT OF PAYMENT BY THE SELLER.
ARTICLE 6 – AMENDMENT OF THE ORDER
A Buyer wishing to amend or cancel an Order must send a registered letter with acknowledgement of receipt to the Seller.
However, this request may not be taken into account if the letter is sent after the Product has been dispatched.
An acknowledgement of receipt of this request will be sent to the Buyer by email or fax.
ARTICLE 7 – DELIVERY – TIMEFRAME
Delivery is made to the address indicated by the Buyer when placing the Order, or by notice of availability if the recipient is absent.
Orders are processed in the order in which they are validated and based on Product availability.
The delivery times indicated at the time of the Order are purely indicative and depend on supply and transport conditions.
Exceeding this indicative deadline shall not give rise to any late penalty.
If the delivery time is exceeded by more than 30 days for reasons not attributable to force majeure, an Email or fax will be sent to the Buyer, who will then have the option of cancelling the Order.
The Product will be delivered to the contact details provided by the Buyer in the form completed when placing the Order and will travel at the Buyer’s risk.
ARTICLE 8 – RECEIPT
In the event of damage or partial loss of the Products, it is the Buyer’s responsibility to make reservations with the carrier.
The Buyer acknowledges that the action against the carrier is time-barred if they have not, by way of a bailiff’s deed or registered letter, sent a reasoned complaint to the carrier within three days of receipt.
Notwithstanding any reservations made to the carrier, the Buyer may lodge complaints with the Seller within 7 days of receipt in the event of defects, shortages or non-compliance of the Products delivered with the specifications of the Order.
This complaint must be made by sending a registered letter with acknowledgement of receipt to the Seller.
Any complaint made outside the time limit set out above will not be taken into account by the Seller.
In the event of defects, shortages or non-compliance of the Product, established by the Buyer and acknowledged by the Seller, this Product will be replaced or repaired, depending on the Buyer’s expressed preference.
The Parties agree that a Product may only be returned to the Seller after the Seller’s prior express authorisation.
Products are returned at the Buyer’s expense and risk.
If the Product is not returned in the condition in which it was delivered, the Buyer will not be able to obtain a full refund of its price.
ARTICLE 9 – WARRANTY
The Buyer benefits from the warranty against hidden defects on the Product as provided for in Articles 1641 to 1649 of the French Civil Code.
The warranty does not apply to damage resulting from wear and tear or improper use of the Product by the Buyer.
ARTICLE 10 – LIABILITY
The Seller is fully liable to the Buyer for the proper performance of the Order.
However, the Seller cannot be held liable if it proves that the non-performance or improper performance of its obligations is attributable to the Buyer, to the unforeseeable and unavoidable act of a third party unrelated to the provision of the services covered by the Conditions, or to a case of force majeure.
The Seller cannot be held liable for damage resulting from a fault of the Buyer in the context of use of the Products.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements published on the Site, such as sounds, images, photographs, videos, texts, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the French Intellectual Property Code and belong to the Seller.
The Buyer undertakes not to infringe the intellectual property rights related to these elements and, in particular, not to reproduce, represent, modify, adapt, translate, extract and/or reuse any qualitatively or quantitatively substantial part thereof, except for acts necessary for their normal and compliant use.
ARTICLE 12 – PERSONAL DATA
The Buyer is informed that, when browsing and in the context of the Order, personal data concerning them are collected and processed by the Seller as data controller, in particular via the online form used to place the Order.
The Buyer is informed that the Order cannot be placed if this form is not properly completed.
This form indicates which fields must be filled in and which are optional.
The recipients of the data thus collected are members of the Sales Team of Solutions Elastomeres.
This processing has been declared to the Commission Nationale Informatique et Libertés (CNIL) in application of French law no. 78-17 of 6 January 1978.
This data is used for processing the Order and for improving and personalising the services offered by the Seller.
The data is not intended to be transferred to third parties.
The Buyer has the right, on legitimate grounds, to object to the processing of personal data concerning them.
The Buyer has the right to object, free of charge, to the use of data concerning them for canvassing purposes, particularly commercial canvassing, by the Seller or by the controller of any subsequent processing.
The Buyer, on proof of their identity, has the right to query the Seller in order to obtain confirmation as to whether or not personal data concerning them are 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 are disclosed, where appropriate, information concerning any transfers of personal data envisaged to a State outside the European Community, communication, in an accessible form, of the personal data concerning them, as well as any information available regarding the origin of the data, and information enabling them to understand and contest the logic underlying any automated processing, in the event of a decision taken on the basis of such processing and producing legal effects concerning them.
The Buyer is informed that a copy of the personal data may be provided to them on request.
The Buyer, on proof of their identity, also has the right to require the Seller to rectify, complete, update, block or erase personal data concerning them that are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or storage is prohibited.
To exercise this right, the Buyer will 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 – France.
When the Buyer so requests, the Seller must provide proof, free of charge to the Buyer, that it has carried out the requested operations.
The Buyer is informed that, in the event of a dispute, the burden of proof lies with the Seller, unless it is established that the disputed data were supplied by the Buyer or with the Buyer’s consent.
The Buyer is also informed that, when they obtain a modification of the record, they are entitled to obtain reimbursement of the costs corresponding to the cost of the above-mentioned copy.
ARTICLE 13 – AGREEMENT ON EVIDENCE
It is expressly agreed that the Parties may communicate with one another electronically for the purposes of the Conditions.
The Parties agree that Emails exchanged between them shall constitute valid evidence of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of Orders.
ARTICLE 14 – PARTIAL INVALIDITY
If one or more provisions of the Conditions are held to be unlawful or void, such nullity shall not entail the nullity of the other provisions of the Conditions, unless the said provisions are inseparable from the invalidated provision.
ARTICLE 15 – APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 16 – JURISDICTION
The Parties agree that, in the event of a dispute that may arise concerning the performance or interpretation of the Conditions, they will endeavour to find an AMICABLE solution.
If this attempt at amicable settlement fails, the dispute shall be brought before the courts of Saint-Etienne (42).
