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Terms and conditions
CIMONE whose head office is located at 291 RUE DU PUECH, 30310 VERGEZE, registered in the Trade and Companies Register of Nîmes under the number 898 372 339.
Hereafter " the Editor ".
VAT identification number: FR62898372339
In its capacity as seller of the products presented on the site, the Publisher is also hereinafter referred to as "SellerFor the purposes of this contract.
The Publisher is the owner of the website “Les francophones”]
Lesfrancophones.fr
hereinafter referred to as "the Site".
Seller's contact details:
Customer service : serviceclient@lesfrancophones.fr
After sales service : serviceclient@lesfrancophones.fr
Correspondent Personal data: rgpd@lesfrancophones.fr
Site host: one.com
Contents
II – CONCLUSION OF THE SALE AGREEMENT BETWEEN THE BUYER AND THE SELLER. . 3
A – Registration on the Site and management of identifiers. . 3
B – Products offered for sale. . 4
D – Formation of the Contract 5
1 – Validation of the order by the Seller 6
2 – Modification of the order by the Buyer after validation. . 6
3 – Delivery costs and territories. . 7
1 – Payment by bank transfer. . 8
2 – Payment by credit card. . 8
3 – Payment with deadlines. . 8
C – Customs fees and import taxes (outside the EU zone) 10
3 – Control of Products and transfer of risks. . 11
V – CONSUMER RIGHTS AND GUARANTEES. . 11
1 – Legal guarantee of conformity for the benefit of the consumer Buyer 13
2 – Legal guarantee against hidden defects. . 14
3 – Limits of rights and warranties. . 15
VII – INTELLECTUAL PROPERTY. . 16
IX – PROCESSING OF COMPLAINTS. . 17
XI – APPLICABLE LAW AND JURISDICTIONAL COMPETENCE. . 18
I- PURPOSE AND SCOPE
The Seller is specialized in the business sector of the retail trade of telecommunications equipment. He notably markets on its Site mobile phone accessories and other products derived from the “Les francophones” or any other trademark of its suppliers, intended for consumer customers or professionals (hereinafter referred to as "theBuyer").
It should be noted that the “Consumer” is defined as any natural person who acts for purposes which do not fall within the scope of his professional activity. The latter is subject to the special provisions of the Consumer Code that may be mentioned herein.
On the other hand, these special provisions do not apply to the Professional, i.e. any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agriculture, including when acting in the name or on behalf of another professional.
The present Terms and conditions (hereinafter referred to as “GTC”) apply to any order placed (the “Order”) by any Buyer on the Site with the Seller.
The GCS applicable to any Order are those in force on the day of the final validation of the Order by the Buyer. Any placing of an Order requires the acceptance, without reservation by the Buyer, and its full and complete adherence to these GCS, which prevail over any other document.
The T&Cs are therefore enforceable against the Buyer, who acknowledges by ticking a box provided for this purpose, to have been aware of them and to have accepted them without reservation, before placing an order.
The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Seller, in accordance with article 1127-2 of the civil code or any article which would be substituted for him.
These Terms and Conditions may, if necessary, be supplemented by the conditions of any partner (Seller or other), in particular concerning delivery times and costs, as well as the return conditions which may vary depending on the type of item ordered, any additional guarantees granted by the Seller to the Buyer, in particular with regard to his status (Consumer / Professional).
II – CONCLUSION OF THE SALE AGREEMENT BETWEEN THE BUYER AND THE SELLER
A – Registration on the Site and management of identifiers
Any registration on the Site is necessary for any user wishing to place any Order (hereinafter "the User").
When creating the account, personal information must be accurate, verifiable, complete and up-to-date. A personal and valid e-mail address must be provided. Any account created on the Site by any User is strictly personal. The User therefore undertakes:
- Not to give access to his Account to a third party, even temporarily, to give him access to the Order Service. Any loan, sharing, exchange, gift, purchase, transfer or sale of Accounts will not be binding on Seller;
- Not to conceal their identity or use that of another person to be able to create an account; Not to disclose his username and password and to take all necessary measures to ensure their confidentiality;
Any use of the Order Service made through the User ID will be deemed to have been made by the User. The latter therefore renounces to seek the responsibility of the Seller, for any use of his User Account by any Third Party, including in the event of fraudulent capture of his Identifier by any means whatsoever.
The Order Service is reserved for adults. The User hereby declares to be a natural person over the age of eighteen (18) or to have reached the age of majority in his country of residence. The User also acknowledges having the skills and material means necessary to be able to use the Account. In the event of a professional order, the User declares to be the legal representative of the legal entity in the name of which he is ordering. Any Use of the Account that does not comply with the T&Cs is prohibited.
The User may at any time modify all the information and Personal Data concerning him, as well as any element of his Identifier. In the event of modification of this information by a Third Party having obtained the User ID, this cannot engage the responsibility of the Seller. In the event of forgetting his Identifier and/or password, the User has the possibility of modifying them by respecting the procedure put in place by the Seller. The User undertakes to inform the Seller in the event of loss, theft, forgetting or in the event of suspicion of loss or theft of his username and / or password. He also undertakes to inform the Seller without delay after discovery of any unauthorized use, by a third party, of his Account. In case of impossibility of access to his account, the User undertakes to inform the Seller as soon as possible to the Customer Service whose contact details appear at the top of these presents.
The Seller reserves the right, where applicable, to implement any procedure for the temporary suspension of the account and then verification of the User's identity, in particular to request any document making it possible to ensure that the request to reset his access is property requested by the User (identity document, proof of address, sending a code to the e-mail address, or to his mobile phone number, K-bis for professionals, etc.). The User undertakes to respect the procedure put in place to obtain the reset of his Username and/or Password.
In the event that the Seller notices an abnormal activity of a User on the Site, in particular any activity of a professional nature presenting itself as a Consumer Buyer or any other activity likely to contravene any applicable regulations or the rights of third parties in any capacity either, the Seller reserves the right to suspend and/or close the account(s) of the User(s) concerned. In this case, the User will receive an information e-mail from the Seller informing him of the closure of his User account. The User may, if necessary, challenge the closure of his account by providing proof of the legality of his status and of the activities carried out through the Site. The Seller reserves the right, where applicable, to request any proof enabling it to ascertain the identity of the User concerned and the destination of the Products ordered.
B – Products offered for sale
The Products and/or Services available for sale are presented by the Seller by detailing the essential characteristics of the good, its price, the date or the deadline within which the Seller undertakes to deliver the Product, the identity and contact details of the Seller , and any other mandatory information provided for by law.
The Photographs present on the Site have no contractual value.
The mode of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on its delivery.
C – Order process
Any Order must be linked to a Customer Account which must be created if the User wishes to order for the first time on the Site.
The provisions of Articles L221-1 and following of the Consumer Code relating to Contracts concluded at a distance are applicable to any Order made on the Site by a Buyer located within the European Union and benefiting as such from the protection of the consumers.
All Orders placed on the Site are carried out in the manner next:
1. The items are presented on the Site by the Seller in such a way that the Buyer is able to know the essential characteristics of the product(s) and/or Service(s);
2. The Buyer selects the desired item(s) and quantities and places them in their virtual shopping cart;
3. The Buyer checks in detail everything that is in his virtual basket (characteristics and quantities of the Products) and its total price ;
4. If the Buyer is not yet logged into his account, he must log in to his customer account or create it if he places the order for the first time on the Site;
5. Before confirming his order, the Buyer has the possibility of returning to the previous pages to correct any errors or possibly modify his order to review the Products/Services in his basket, the quantities and delivery methods ;
6. The Buyer reads the T&Cs and accepts all the provisions (necessary condition to validate the order);
7. The Buyer undertakes to comply with the T&Cs when he clicks on the pay button;
8. The Buyer proceeds to the payment of his order by any device and/or means of payment authorized on the Site ;
9. The Buyer receives an order confirmation email with a summary and an order number, together with an invoice;
10. When payment is cleared and paid, Seller receives and reviews Buyer's order;
11. The Seller validates and prepares the order according to the quantities of Products and/or Services ordered
12. Once the Order has been dispatched, the Seller sends the Buyer a dispatch confirmation email;
D – Formation of the Contract
The Purchaser is solely responsible for the quality and accuracy of the information communicated when entering his Order (Name, First name, Delivery address, number and e-mail, as well as the billing address). He therefore undertakes to verify, before validating each Order, the accuracy of all information relating to his identity, the details of his order and information relating to delivery.
The order with validation of the GCS by the Buyer (hereinafter the “Contract”) will only be formed from the moment the Order has been validated by the Seller.
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with articles 1358 and following of the Civil Code. These communications, purchase orders and invoices may be produced as proof of the Contract.
1 – Validation of the order by the Seller
Refusal of the Order by the Seller for legitimate reasons
The seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for Buyers presenting themselves as consumers.
Case of exceptional unavailability of products
The online sales offers presented on the Site are valid, in the absence of indication of a particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.
In the event of exceptional unavailability of one or more items ordered by the Buyer from the Seller, the Seller will inform the Buyer using the contact details indicated when creating the customer account.
The Seller may offer the Buyer a new delivery time, a product of equivalent quality and price or, failing that, a voucher for the amount of the order that can be used for any future order.
If no solution is found between the Seller and the Buyer, the order will be canceled and the full amount of the Order will be refunded to the Buyer within a maximum period of 3 (three) months.
Apart from reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the Contract is personally attributable to him, outside the cases provided for herein.
2 – Modification of the order by the Buyer after validation
Any modification of the order by the Buyer after confirmation of his order is subject to acceptance by the Seller.
3 – Retention of title
The Seller remains the exclusive owner of any Product ordered, until full payment by the Buyer.
In the event that an Order is delivered to therebuyer before full payment of the price, upon express and prior acceptance of the Seller, the Buyer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the products.
III – PRICES AND PAYMENT
A- Rates
1 – Price
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force at the time of validation of the order.
The prices of the Products/Services sold are therefore those in force at the time the Order is taken.
The price of the Products and/or Services mentioned in the presentation sheet does not include delivery costs, charged in addition to the price.
In the event of price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion.
When the price cannot be reasonably calculated in advance due to the nature of the good or service, the Seller provides the method of calculating the price and, if applicable, all additional costs of transport, delivery or postage and any other charges. When the additional costs cannot reasonably be calculated in advance, the Seller mentions that they may be payable.
In the case of an open-ended contract or a contract with a subscription, the total price includes the total charges incurred for each billing period.
When such contracts are billed at a fixed rate, the total price also includes the total monthly costs. When the total cost cannot reasonably be calculated in advance, the price calculation method is communicated.
2 – Taxes
EU Zone Rates: All prices indicated on the Site are indicated in Euros including VAT (all taxes included)
Rates outside the European Union (EU) Zone: If the Buyer chooses a country that is not part of the EU zone, then all the prices indicated will be excluding VAT and do not take into account any customs fees and taxes that may be invoiced to him during of the delivery of the product by the authorities of the country of destination.
3 – Delivery costs and territories
The delivery rates depend on the size and weight of the items ordered as well as the geographical delivery area indicated by the Buyer when ordering. Delivery rates are calculated automatically based on the weight and size of the package as well as the address and delivery method. The final price will be indicated during the ordering process according to all these parameters.
The countries of delivery are:
- Metropolitan France, Corsica, Overseas Departments, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands, New Caledonia, and French Polynesia ;
-Pmember countries of the European Union ;
- Space member countries Economic European (Norway, Iceland and Liechtenstein).
- Other countries outside the EU: United Kingdom, United States and Canada.
The total amount owed by the Buyer including the Price of the order, taxes (France and EU) and delivery costs, is indicated on the order confirmation page.
B- Payment
The available payment methods are:
- Bank card (Visa, Mastercard, Maestro, AMEX etc.)
- Bank Transfer
- PayPal
1 – Payment by bank transfer
When the Buyer wishes to pay for his Order by bank transfer and this option is available for his Order: he indicates this method of payment. If necessary, when validating the Order, the Seller's IBAN is communicated to him with his Order reference. The Buyer must imperatively include this Order reference when entering his transfer so that the Seller can reconcile the Order reference. At the end of the validation of the Order, it changes to "awaiting bank transfer" status until actual receipt of payment.
2 – Payment by credit card
The Seller does not process or store the Buyer's credit card data. . All transactions are carried out securely on the platform of a Payment Service Provider (hereinafter the “PSP”) duly approved for this purpose.
In the event of payment by bank card directly on the payment link associated with the site or any other payment platform operated by third parties and accepted on the Site, the Seller cannot be held liable vis-à-vis the Buyer if a failure occurs in the settlement process which would be the responsibility of the PSP.
The Buyer undertakes, if necessary, to contact the PSP through which he carried out his transaction, to settle any dispute related to a failure in the payment of his Order and/or any other dispute related to the transaction. This is particularly the case when the Buyer goes through a PSP with which the Seller has no contract and with which the Buyer has contracted a Payment Service, with or without staggered payment.
3 – Payment with Deadlines
The Seller may, under certain conditions, agree with the Buyer on installment payments, in particular if the Buyer is a professional.
In the event that a payment period is accepted by the Seller, any late payment will result in the application of late payment penalties of an amount equal to three times the legal interest rate (if this penalty is greater than 15% ), as well as a fixed indemnity of forty (40) euros for the collection costs incurred, in accordance with article D.441-5 of the French Commercial Code.
The payment of late payment penalties begins on the first day following the end of the payment period and will end on the day of actual payment by the Buyer.
In the event of an Order from a Professional Buyer, an invoice will be published systematically and directly at the time of placing the Order, with details of the VAT if applicable
The order can be canceled by the Seller in the event of:
- the Buyer's refusal to take delivery ;
- non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit which would have been paid with the order would remain with the Seller as compensation.
In any case, the Seller reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to terminate the contract by simple registered letter with request for acknowledgment of receipt and to retain, as compensation, the deposit paid with the order.
In the event of multiple instalments, failure to pay for one of the instalments entails, when the seller does not opt for the resolution of the order, the immediate payment of subsequent instalments.
IV – SHIPPING and DELIVERY
A- Shipping
Once the order has been placed and validated by the Seller, the latter ships the Order.
The parcels are sent according to the choice that the Buyer will have made when taking the order, by the traditional postal route or through the intermediary of logistics companies such as Colissimo Laposte, DPD, Spring, DHL, Chronopost, UPS, etc. .
The Product, which is delivered to the Buyer by a carrier chosen by the Seller, travels at the risk and peril of the Seller.
On the other hand, the Product which is delivered to the Buyer by a carrier chosen by him, travels at the risk and peril of the Buyer, from the delivery of the goods to the carrier. He can, if necessary, subscribe to an insurance which would be offered by the carrier.
The Buyer will receive an e-mail when his order is dispatched, with the tracking number and the link to the Site or that of the freight forwarder so that he can follow the progress of the delivery of his package.
If Buyer has ordered items with different delivery times, Seller may at its option:
- ship all items together, or
- make separate shipments
In the latter case, the delivery time will be determined by the item with the longest delivery time.
B – Delivery tracking
When the Seller has delivered any parcel to the carrier, the Buyer will receive the tracking number of the parcel by e-mail, as well as in his Customer area in the "my orders" section. As a result, the Buyer will be able to follow the progress of the delivery of his order to its destination, at his home or at a pick-up point.
The detail of the follow-up depends on the traceability services implemented by the carrier in charge of the delivery.
In the event of a delay in the delivery of the Order, the Buyer may contact the Site's after-sales service using the contact details at the top of this document.
C – Customs fees and import taxes (outside the EU zone)
If the Seller ships its products internationally (outside the EU zone), customs fees and import taxes may be invoiced to the Buyer by the authorities of the Country of destination, depending on the rule concerning imports of goods from the country in question. The Seller cannot be held responsible for the amount requested upon delivery of the product. The Buyer must therefore first find out about any costs and taxes (and possible deductibles) on imports related to the purchase of products from the EU zone to his country and according to his status. (Consumer / Professional).
It should also be noted that if the Buyer wishes to return one or more products and it is located outside the EU zone, customs fees and import taxes could be invoiced to the Seller and will be deducted from the amount of the refund ( excluding VAT) of the returned product(s).
D – Delivery time
Delivery times are specified during the Order process, depending on the Products, as well as the address, chosen by the Buyer before the validation of his Order.
These delivery times are quoted as accurately as possible but are only "estimated" times, based on the average delivery times of the chosen freight forwarder. Thus, the Seller cannot be in a position to firmly commit to their respect and cannot therefore be liable in the event of late delivery, except for fraud or gross negligence established.
E – Receipt of products
Delivery means the transfer to the Buyer of physical possession or control of the goods.
1 – Terms of delivery
The Order can be submitted:
- In the Buyer's mailbox ;
- In person against signature of the Buyer ;
- In relay point against signature of the Buyer.
Home delivery or other address of the Buyer:
The signing of the Delivery Note or confirmation of delivery by the freight forwarder formalizes the delivery of the Order to the Buyer.
If the Buyer gives direct instructions to any freight forwarder (eg delivery in front of his door in his absence), he assumes all the risks and consequences, without the Seller's liability being engaged.
Delivery to a relay point:
In the event of delivery to a relay point, the Buyer is informed of the availability of the order by receiving a notice of availability to the Buyer. The sending of this notice depends on the delivery method chosen by the Buyer.
The Buyer must withdraw the product ordered within fifteen days of receipt of the notice of availability.
The signature of the delivery voucher or confirmation of the delivery by the person in charge of the Relay Point, formalizes the delivery of the Order to the Buyer.
In the absence of withdrawal of the Order by the Buyer within the time limit, the Seller may, after formal notice from the Buyer, which has had no effect within 7 (seven) days, return the Order on its premises, cancel the order as of right and keep as compensation any deposit paid.
2 – Delivery delays
When the order is not delivered and/or the service is not provided on the date or at the end of the period mentioned on the order form, the Buyer may, after having unsuccessfully ordered the Seller to carry out his obligation to deliver within a reasonable additional period, terminate the Contract by registered letter with acknowledgment of receipt or in writing on another durable medium.
3 – Control of Products and transfer of risks
Upon receipt of the products, the Buyer must ensure that the packaging has not been damaged during transport. In the event of damaged packaging, the Buyer must refuse delivery and make reservations in writing to the delivery person or the Relay Point. He immediately informs the Seller.
If the Buyer accepts the delivery of the Order, the risks of loss or damage to the Products are transferred to the Buyer when he takes physical possession of the Product, without distinction according to its nature.
V – CONSUMER RIGHTS AND GUARANTEES
These rights and warranties are, unless otherwise provided by law, applicable to consumers residing in metropolitan France or in another country of the European Union eligible for delivery.
A – RIGHT OF WITHDRAWAL
When opening any packaging linked to an Order, the Buyer must take care not to damage the packaging, so that, in the event of exercise of the Right of Withdrawal, he can return the goods in their original packaging and in any case, in a state allowing the Seller to put the property back on sale.
Pursuant to Articles L. 221-18 and following of the Consumer Code, the Consumer Buyer has a withdrawal period of fourteen (14) calendar days to exercise his right of withdrawal. The 14-day period starts from the day after receipt of the Product concerned. The return is admissible, without the Consumer Buyer having to justify reasons or pay penalties. Only the return costs will remain the responsibility of the Buyer. If the package cannot be returned by the postal services due to its nature, the Seller will communicate the transport price to it beforehand.
The Consumer Buyer exercises his right of withdrawal by informing the Seller of his decision to withdraw by sending, before the expiry of the 14-day period mentioned below: to do this, the Buyer must connect to his customer area , and request a return by clicking on the dedicated tab. This request is automatically accepted if the 14-day period is not exceeded.
The Consumer Buyer must respect all the return instructions formulated by the Seller, so that the Product is returned under conditions guaranteeing transport without risk of deterioration and with all the accessories inseparable from the Product.
The Consumer Buyer returns or returns the Product(s) to the Seller or a person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
It is expressly provided that the Buyer bears the direct costs of returning the Products, to the exclusion of any other.
The Products must be returned in new condition, unworn or used and in their original packaging or at least in equivalent protection to protect the item against any deterioration when it is returned to the Seller.
In accordance with article L 221-23 of the Consumer Code, the Seller may engage the responsibility of the Consumer Buyer in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products.
Provided that the Consumer Buyer has complied with all of the legal provisions applicable to Withdrawal, the Seller shall reimburse him for all of the sums paid when ordering the item concerned, including delivery costs, at the latest fourteen days from the date on which he is informed of the Consumer Buyer's decision to withdraw.
The Seller may, however, with regard to the delivery of Products, defer reimbursement until the Product concerned is recovered or until the Consumer Buyer has provided him with proof of the shipment of the Product(s). concerned. The date used is that of the first of these events.
The Seller makes the refund using the same means of payment as that used by the Consumer Buyer for the initial transaction, unless the Consumer Buyer expressly agrees to proceed with a refund by any other means and insofar as this alternative means does not generate additional costs for him.
The Buyer bears the direct costs of returning the Product (postal/transport costs).
In the event that the Product cannot be returned normally by post due to its nature, the Seller will recover the Product at its own expense.
Seller is not required to reimburse the additional costs if the buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the seller. (Article L221-24 consumer code).
Insofar as the Consumer Buyer has returned the Product(s) under the conditions provided for herein and more generally by the Law, it is specified that the exercise of the right of withdrawal puts an end to the obligation of the parties to perform the distance contract and any ancillary contract.
The Consumer Buyer is informed that under the terms of Article L221-28 of the Consumer Code, the right of withdrawal does not apply in particular in the context of:
- The supply of goods made/customized to consumer specifications;
- The supply of goods liable to deteriorate or expire rapidly;
- The provision of goods which have been unconstruction by the consumer buyer after delivery and which cannot be returned for reasons of hygiene or health protection;
- The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
Pursuant to Article L221-3 of the Consumer Code, a Professional Buyer may avail himself of the provisions relating to the right of withdrawal if he meets the following conditions:
- The object of the order does not fall within the field of the main activity of the professional buyer;
- The contract is concluded outside the establishment;
- Number of employees employed by the Professional Buyer is less than or equal to five.
In any event, the admissibility of a Professional Buyer's right of withdrawal will be assessed by the Seller with regard to the Law applicable on the day of the Order, in the event that the aforementioned conditions change.
B - GUARANTEES
The buyer benefits from the applicable legal guarantees, depending on his quality as a consumer buyer or a professional buyer.
Seller may offer additional warranties such as "manufacturer's warranties". If applicable, the additional warranty is mentioned in the Seller's offer on the Site.
In the event of an order by a professional buyer, the guarantees are subject to specific conditions, detailed lower.
The Seller is bound to the consumer Buyer by the legal guarantee of conformity (articles L.217-4 and following of the Consumer Code) and in any event, by the guarantee against hidden defects (articles 1641 and following of the civil).
1 – Legal guarantee of conformity for the benefit of the consumer Buyer
The seller delivers to the buyer a property in accordance with the detailed offer when ordering.
It responds to defects of conformity existing at the time of delivery of the Product, which appear within a period of two years from this.
Within the meaning of the law applicable to the guarantee of conformity, the seller guarantees that the product:
- Corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
- Is suitable for any special use sought by the Buyer, provided that this special use is brought to the attention of the Seller at the latest at the time of the validation of the Order, and that the Seller has expressly accepted;
- Comes complete with all fittings and installation instructions, to be supplied in accordance with the contract;
- If applicable, is updated in accordance with the contract.
The defects of conformity which appear within a period of twenty-four months from the delivery of the Product, including the Product comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the Product or the defect invoked.
In the event that a Product ordered is sold second-hand, the legal period of the guarantee of conformity is reduced to twelve months.
In the event that a lack of conformity is noted within the legal period, the buyer is entitled to the compliance of the property by repair or replacement or, failing this, the reduction of the price or the resolution of the contract, in the conditions provided for by law.
The Buyer must therefore, if necessary, ask the Seller to bring the goods into conformity, choosing between repair and replacement. To this end, the Buyer makes the goods available to the Seller.
The seller will ensure the compliance of the property within a reasonable time within the limit of thirty days of the buyer's request.
The Seller will be responsible for the removal and recovery of the Product concerned and the installation of the repaired Product or the delivery of the replacement Product.
In accordance with the applicable legal provisions, the Seller may not proceed according to the choice made by the Buyer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:
1 ° The value that the property would have in the absence of a lack of conformity;
2° The significance of the lack of conformity; And
3 ° The possible possibility of opting for the other choice without major drawbacks for the buyer.
The Seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, in particular with regard to the hypotheses referred to in 1° and 2° above.
Any refusal by the Seller to proceed according to the Buyer's choice or to bring the goods into conformity, is justified in writing or on a durable medium.
It is specified that any property repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months.
As soon as the buyer chooses the repair, but the latter is not implemented by the seller, the compliance by replacing the property runs, for the benefit of the buyer, a new period legal guarantee of compliance attached to the property replaced. This provision applies from the day when the replacement is issued to the buyer.
In the event that the Buyer requests a price reduction or the termination of the contract, the provisions of articles L217-15 and following of the Consumer Code will apply between the parties.
2 – Legal guarantee against hidden defects
In accordance with the applicable law, the seller guarantees the buyer On account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it , if he had known them.
The Buyer's attention is drawn to the fact that for this guarantee to be implemented, the defect must:
· Be concealed, i.e. not apparent when purchased;
· Render the property unusable or greatly diminish its use;
· Exist at the time of purchase.
If these conditions are met, the Buyer must inform the Seller of the implementation of this guarantee a maximum period of 2 years from the discovery of the hidden defect, by registered letter with acknowledgment of receipt.
This letter should be addressed to the Seller's after-sales service, whose contact details appear at the top of this document.
The Buyer must provide the delivery note or invoice for the Product concerned and provide proof by any means of the existence of the hidden defect. With the Seller's agreement, the parties may agree on a joint expertise, the costs of which will be shared. If necessary, the expert will be chosen from the list of legal experts approved by the courts.
In the event that the hidden defect is proven, the Buyer may choose to request the retention of the product with a reduction in price or return the Product to the Seller against reimbursement of the price and costs related to the sale.
3 – Limits of rights and warranties
Any warranty is excluded in the event of damage or deterioration resulting, without this list being exhaustive:
- Misuse, negligence, lack of supervision or maintenance on your part,
- Normal wear and tear or force majeure,
- Of abnormal use,
- The responsibility or the intervention of a third party,
- An intentional or fraudulent fault,
- External events: fire, explosion, water damage, lightning, storm, electrical surge, etc.
In any event, the Seller's liability cannot be engaged in the event of non-performance or poor performance of the contract due either to the fact of the Buyer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
Similarly, the Seller cannot be held liable for non-compliance of the product with the legislation of the Buyer's country, which is responsible for checking whether the Product is not prohibited for sale in his country (For sales to abroad).
VI – RESPONSIBILITIES
The Seller is bound in the technical process of distance selling by an obligation of means. Its responsibility cannot be engaged for any damage suffered by the User / Buyer resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
VII – INTELLECTUAL PROPERTY
All elements of the Site are and remain the intellectual and exclusive property of the Publisher and the Seller, to the exclusion of any brand or other creation belonging to any other rightholder.
Pursuant to Article L713-6 of the Intellectual Property Code, the Seller may use brands belonging to third parties, as a reference necessary to indicate the destination of a product or service, in particular as an accessory or spare part, when there is no confusion about their origin.
In any event, no order shall be construed as transferring any intellectual property right to any Buyer, for any reason whatsoever.
Any reproduction and any distribution of the elements appearing on the Site, without the prior written authorization of its beneficiary, therefore expose the offenders to legal proceedings.
The Publisher and/or the Seller also reserves the right to oppose, to stop or to seek compensation for any use that it deems unfair, constituting an act of commercial parasitism, or contrary to its image.
VIII – PERSONAL DATA
It is specified to the Buyer that the provisions of the "Policy of Confidentiality » of the Publisher are applicable to the processing of all Personal Data, in particular in the context of the use by the Buyer of his Customer Space and the placing of an Order on the Site.
In general, it is recalled that the Publisher collects personal data from any User when creating his account, in particular for the purposes of the Ordering Service, the sales and delivery process.
When creating his account, the User consents to the collection and processing of his personal data for the performance of any contract entered into with any Seller in the context of any Order. The Publisher and the Seller are authorized to communicate the Personal Data necessary for the delivery of any Order to any third party in charge of the delivery.
The processing conditions are detailed in the " Privacy Policy ".
In accordance with the Data Protection Act, the Buyer has a right of access, rectification, right of opposition, right to limit processing, right to data portability, right not to be subject to of an automated individual decision and, subject to the legal provisions applicable to the matter, of deletion of the data concerning him.
All inquiries should be sent to the following address: rgpd@lesfrancophones.fr
In the event that a User wishes to contact a Seller, without having created an account beforehand, the information provided during a request sent from the contact form is transmitted to the Seller so that he can respond to the request. , subject to prior validation of the Privacy Policy by the user.
Complete information relating to the protection of personal data can be found in the section “ Policy of confidentiality »
IX – PROCESSING OF COMPLAINTS
It is recalled here that the consumer Buyer has the right, under the applicable law, to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional.
VSconcerning the amicable settlement of disputes, the Seller adheres to the service of mEditor e-commerce from FEVAD (Federation of E-commerce and distance sale) whose contact details are as follows: 60 rue La Boétie-75008 Paris- https://www.mediateurfevad.fr.
The Consumer Buyer may use the mediation service for consumer disputes related to an Order whose settlement would not have been successful. In accordance with the rules applicable to mediation, any consumer dispute must be entrusted in writing beforehand.
To find out how to refer to the Mediator:
https://www.mediateurfevad.fr/index.php/espace-consommateur
It is recalled that article L612-2 of the Consumer Code dismisses the possibility of examining a dispute by the consumer mediator when:
1° The consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by a written complaint according to the methods provided for, where applicable, in the contract ;
2° The request is manifestly unfounded or abusive ;
3° The dispute has been previously examined or is being examined by another mediator or by a court ;
4 ° The consumer submitted his request to the mediator within a period of one year from his written complaint with the professional ;
5 ° The dispute does not fall within its field of competence.
The consumer is informed by the mediator, within three weeks of receipt of his file, of the rejection of his mediation request.
It is also specified that for all national and cross-border consumer disputes within the European Union, and in accordance with the European regulation of May 21, 2013 on the extrajudicial settlement of disputes, the Buyer/User may contact the european Commission online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the event of a dispute between professionals, the parties undertake, prior to any referral to the judge, to find an amicable solution to the dispute. After a period of 30 days without reaching an amicable agreement, the competent court may be seized.
X – NULLITY
In the event that any of the stipulations of these GTCs are considered illegal or unenforceable by a court decision, the other stipulations would remain in force.
XI – APPLICABLE LAW AND JURISDICTIONAL COMPETENCE
These T&Cs are governed and interpreted by French law.
In the event that the Buyer is domiciled in another country of the European Union and can justify that the mandatory law of his country of residence is more favorable to him, he must demonstrate, in order to obtain from the judge the application of his own law, that French law is less favorable than that of his country and that his country's law creates a barrier to trade in the internal market which is justified by consumer protection.
Only the French language version of the contractual documents will be enforceable against the parties and will prevail in the event of a dispute. Translated versions are provided for informational purposes only.
Any dispute that may arise from any implementation of the present will be submitted to the French courts, territorially competent depending on the context.
In the event that you act as a professional, the territorially competent court is the Commercial Court of Montpellier.