GENERAL TERMS OF SALE
Effective as of ________
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms of Sale (referred to as "GTS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (referred to as "Clients" or the "Client"), wishing to acquire the products offered for sale ("the Products") by the Seller on the site ________ The Products offered for sale on the site are as follows: ________
The main characteristics of the Products, including specifications, illustrations, and indications of the dimensions or capacity of the Products, are presented on the site _________ which the client must read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Client. Product offers are valid while stocks last, as specified when placing the order.
These GTS are accessible at any time on the site _________ and will prevail over any other document.
The Client declares having read these GTS and accepted them by ticking the box provided for this purpose before the online ordering procedure on the site __________ Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact details are as follows:
____________, _____________
Share capital of __________ euros
Registered with the RCS of __________, under the number _________
Email: _________
Phone: __________
ARTICLE 2 - PRICES
The Products are supplied at the current rates listed on the site _________ when the order is recorded by the Seller.
Prices are expressed in Euros, excluding tax (HT) and including tax (TTC). The rates take into account any discounts that may be granted by the Seller on the site _________.
These rates are firm and non-revisable during their validity period, but the Seller reserves the right, outside this period, to modify the prices at any time.
Prices do not include processing, shipping, transportation, and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.
ARTICLE 3 - ORDERS
It is up to the Client to select on the site _________ the Products they wish to order, following these terms: _______.
Product offers are valid as long as they are visible on the site, within the limit of available stocks. The sale will only be considered valid after full payment of the price.
It is up to the Client to verify the accuracy of the order and immediately report any errors. Any order placed on the site _________ constitutes the formation of a contract concluded remotely between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can track the progress of their order on the site. Any cancellation of the order by the Client is only possible before the delivery of the Products (regardless of the provisions regarding the legal right of withdrawal).
ARTICLE 3 BIS - CLIENT AREA - ACCOUNT
To place an order, the Client is invited to create an account (personal space).
To do so, they must register by completing the form provided at the time of their order and agree to provide sincere and accurate information about their identity and contact details, including their email address.
The Client is responsible for updating the information provided. They can modify it by logging into their account.
To access their personal space and order histories, the Client must identify themselves using their username and password, which will be communicated to them after registration and are strictly personal. Therefore, the Client is prohibited from disclosing them. Otherwise, they will be solely responsible for the use made of them.
The Client can also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to: _________. This will take effect within a reasonable period.
In case of non-compliance with the general terms of sale and/or use, the site _________ reserves the right to suspend or even close a Client's account after formal notice sent electronically remains without effect.
Any account deletion, for any reason, results in the deletion of all personal information about the Client.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
Creating the account implies acceptance of these general terms of sale.
ARTICLE 4 - PAYMENT TERMS
The price is paid by secure payment method, as follows:
• payment by credit card
The price is payable in full by the Client on the day of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions made on the site _________.
Payments made by the Client will only be considered final after actual receipt by the Seller of the amounts due.
The Seller is not required to deliver the Products ordered by the Client if the latter does not pay the price in full under the conditions above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Client will be delivered in mainland France or the following areas:
_________.
Deliveries are made within _________ to the address indicated by the Client when placing the order on the site.
Delivery consists of transferring physical possession or control of the Product to the Client.
Unless there is a particular case or unavailability of one or more Products, the ordered Products will be delivered at once.
The Seller undertakes to make their best efforts to deliver the Products ordered by the Client within the specified times above.
If the ordered Products are not delivered within _________ after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be canceled at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to them at the latest within fourteen days following the date of termination of the contract, excluding any compensation or retention.
Deliveries are carried out by an independent carrier to the address mentioned by the Client when ordering and which the carrier can easily access. When the Client takes care of calling on a carrier they have chosen themselves, delivery is deemed to have been made upon handing over the Products ordered by the Seller to the carrier who has accepted them without reservations. The Client acknowledges that it is up to the carrier to make the delivery and has no recourse against the Seller in case of non-delivery of the transported goods.
In case of a particular request by the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a previously accepted quote in writing by the Client.
The Client is required to check the condition of the delivered products. They have a period of _________ from delivery to submit claims by _________, accompanied by all relevant evidence (photos, notably). After this period and failure to comply with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at their own expense the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client under the conditions provided for in articles L 217-4 and following of the Consumer Code and those stipulated in these GTS.
The transfer of the risks of loss and deterioration related thereto will only be realized when the Client physically takes possession of the Products. Therefore, the Products travel at the risk of the Seller unless the Client has chosen the carrier themselves. In this case, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller's Products to the Client will only occur after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good."
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous declaration expressing the desire to withdraw, particularly by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTS.
Returns are to be made in their original condition and complete (packaging, accessories, instructions...) allowing for their remarketing in new condition, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products are not taken back.
Return costs remain the responsibility of the Client.
The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Client under the conditions of this article.
ARTICLE 8 - SELLER'S RESPONSIBILITY - GUARANTEES
The Products supplied by the Seller benefit from: • the legal guarantee of conformity for defective, damaged, or damaged Products or those not corresponding to the order, • the legal guarantee against hidden defects from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use, Provisions relating to legal guarantees.
Article L217-4 of the Consumer Code
"The seller is required to deliver a good in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. It also addresses defects of conformity resulting from the packaging, assembly instructions, or installation when this was charged to them by the contract or was carried out under their responsibility."
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
-
if it corresponds to the description given by the seller and has the qualities that it presented to the buyer in the form of a sample or model;
-
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller, and which the latter accepted."
Article L217-12 of the Consumer Code
"The action resulting from the defect of conformity is prescribed by two years from the delivery of the good."
Article 1641 of the Civil Code
"The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price if they had known them."
Article 1648 paragraph 1 of the Civil Code
"The action resulting from the redhibitory defects must be brought by the buyer within two years from the discovery of the defect."
Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee granted to them during the acquisition or repair of movable property, for a repair covered by the guarantee, any immobilization period of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this availability is subsequent to the request for intervention."
To assert their rights, the Client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of _________ from the delivery of the Products or the discovery of hidden defects within the deadlines mentioned above and return the defective Products in the state in which they were received with all elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace, or have repaired the Products or parts under guarantee deemed non-conforming or defective. Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements, replacements, or repairs of Products deemed non-conforming or defective will be made as soon as possible and at the latest within _________ days following the discovery by the Seller of the lack of conformity or hidden defect. This reimbursement can be made by bank transfer or check.
The responsibility of the Seller cannot be engaged in the following cases: • non-compliance with the legislation of the country where the products are delivered, which it is up to the Client to verify, • in case of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as well as in case of normal wear of the Product, accident, or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 9 - PERSONAL DATA
The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the site _________ are the following:
Account opening
When creating the Client/user account:
-
Names, first names, postal address, telephone number, and email address.
Payment
As part of the payment for Products offered on the site _________, it records financial data relating to the Client/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees. The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018, the Regulation 2016/679 on the protection of personal data (GDPR).
9.3 Limitation of processing
Unless the Client expresses their express consent, their personal data is not used for advertising or marketing purposes.
9.4 Retention period
The Seller will keep the data collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
9.5 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information on the internet.
9.6 Enforcement of Clients and user rights
In application of the regulations applicable to personal data, Clients and users of the site _________ have the following rights:
They can update or delete data concerning them as follows:
They can delete their account by writing to the email address indicated in article 9.3 "Data controller" They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 They can also request the portability of the data held by the Seller to another provider Finally, they can object to the processing of their data by the Seller
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the data controller whose contact details are indicated above. The data controller must provide a response within a maximum period of one month. In case of refusal to grant the Client's request, it must be motivated. The Client is informed that they can lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or any competent judicial authority.
The Client can be invited to check a box under which they agree to receive informative and advertising emails from the Seller. They will always have the possibility of withdrawing their agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the site _________ is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These GTS and the operations resulting from them are governed and subject to French law. These GTS are originally written in French. If they are translated into one or more languages, only the French text will prevail in case of dispute.
ARTICLE 12 - DISPUTES
For any complaints, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTS. The Client is informed that they can in any case resort to conventional mediation, with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute.
In this case, the designated mediator is
Email: _________ Phone: _________
The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which purchase and sale operations concluded in application of these GTS could give rise, concerning their validity, interpretation, execution, termination, consequences, and consequences, and which could not be resolved between the seller and the client, will be submitted to the competent courts under the conditions of common law.
ARTICLE 13 - PRE-CONTRACTUAL INFORMATION - CLIENT ACCEPTANCE
The Client acknowledges having been informed, prior to placing their order and concluding the contract, in a readable and understandable manner, of these GTS and all information listed in article L. 221-5 of the Consumer Code, and in particular the following information:
• the essential characteristics of the Product, considering the communication medium used and the Product concerned;
• the price of the Products and related costs (e.g., delivery);
• in the absence of immediate execution of the contract, the date or the deadline within which the Seller undertakes to deliver the Product;
• information regarding the identity of the Seller, their postal, telephone, and electronic contact details, and activities, if not apparent from the context;
• information regarding legal and contractual guarantees and their implementation methods;
• the functionalities of the digital content and, where applicable, its interoperability;
• the possibility of resorting to conventional mediation in case of dispute;
• information regarding the right of withdrawal (existence, conditions, deadline, modalities of exercise of this right, and standard withdrawal form), cancellation modalities, and other important contractual conditions.
The fact for a natural (or legal) person to order on the site _________ implies full and complete acceptance and adherence to these GTS and obligation to pay for the ordered Products, which is expressly acknowledged by the Client, who waives, in particular, to invoke any contradictory document, which would be unenforceable against the Seller.