Terms of sale

These general terms and conditions of sale ("GTC") determine the rights and obligations of the parties in connection with the online sale of the products offered on the website (hereinafter "the website").

Any booking on the Website constitutes pre-approval of these Terms, including the additional terms, conditions and guidelines referenced herein and / or available via hyperlink. These terms are subject to French law. Therefore, these GCS are an integral part of the agreement between the customer and the supplier. They can be fully enforced against the Customer, who declares that he has read and accepted them, without limitation or reservation, before ordering. If you do not accept all the terms of this agreement, you must not access the website or use the services offered on it.

These terms apply to any order placed by a natural person of legal age who acts as an individual and who acknowledges that he has the full capacity to assume an obligation when placing an order and, where appropriate, proof of identity and age.

People who trade professionally in connection with commercial, industrial, artisan, liberal or agricultural activity, even if they act on behalf of or on behalf of another professional, are expressly excluded from the scope of these GVCs.

All new features and tools that will be added to this site at a later date will also be subject to these GTCs. We reserve the right to update, change or replace parts of these terms by posting updates and / or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use or access to the Website after the changes have been posted constitutes your acceptance of those changes.

This site hosts Shopify Inc. 126 York St. Ottawa, Ontario, K1N 5T5, Canada.


Article 2 - ONLINE CONTRACT (Articles 1369-4 and 1125 to 1127 of the Civil Code)

The sales contract between buyer and seller is entered into when the latter validates his order at the end of the selection process for the product or products he has chosen.

To buy one or more products on the website, the customer selects each product and adds it to the shopping cart. When your selection is complete, you must confirm your shopping cart to proceed to the order (first click).

At this stage, the customer is redirected to a page that contains a summary of the selected products, the corresponding prices, terms and shipping costs. It is then up to the customer to check and, if necessary, correct the contents of the basket. It is the customer's responsibility to read these GTCs carefully before validating the entire order.

This validation of the order after checking the basket and reading CGV (second click) will constitute the conclusion of the contract, and the customer acknowledges that the second click entails an obligation to pay on their part.

The customer is then redirected to the payment page. The customer can choose between the different payment methods offered and the product to pay for the order.

After validating the order and making the payment, the customer receives a confirmation message from the supplier at the email address they provided to create the account. This message contains, in PDF format

- The summary of your order (selected products, prices, terms and shipping costs);
- The exact identification of the supplier and its activity;
- The order number;
- The terms and the withdrawal form;
- This GTC in PDF format.

If you do not receive the order confirmation, the customer is recommended to contact the supplier via the contact form on the website.

The customer will then receive a purchase invoice sent electronically, which the customer expressly accepts.

The customer is advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format, as these documents can be presented as proof of the contract.

The supplier reserves the right to refuse any order for a legitimate reason, including for example:

- Orders that are not in accordance with GTC;
- Ordered amounts that do not correspond to the normal use of an individual;
- Suspicion of fraud in the Order.


Article 3 - INFORMATION ON PRODUCT CHARACTERISTICS AND AVAILABILITY

The customer is informed in French on the website about the most important characteristics of the goods and their price, as well as the terms of use of the product.

The customer admits that the illustrations, videos or pictures of the products presented for sale have no contract value.

The period of validity of the sales price conditions for the products and their availability is specified on the website.

The products are available within the framework of the suppliers' stock. This availability of the products is usually indicated on the specific product page.

In the event that a product is not available after validation of the order, the supplier must inform immediately via e-mail. Your order will be automatically canceled and the supplier will continue to refund the full price paid.

However, if the order contains products other than those that are no longer available, these will be delivered to the customer and shipping costs will not be refunded.


Article 4 - THE PRICE OF THE PRODUCTS

It is the one mentioned on the website when the order was validated.

It is subject to change at any time without notice.

It does not include the costs of shipping, transport and delivery of the products to the delivery address.

VAT - Customs and assimilation rights:

Products ordered by customers that are imported from third countries to the EU and the sale takes place under the conditions of "delivery exit", their price is stated in euros without VAT or customs.

The price of the products does not include VAT, import duty or customs duty, which must be paid in addition and is the customer's responsibility.

The customer is solely responsible for VAT when the product is cleared through customs and may be required to pay import VAT.

For all products shipped from a country outside the EU, customs or other fees or charges to be paid by the customer may be required.

In fact, at the time of purchase, the customer is the importer of the product purchased in his capacity as the recipient of the product.

Therefore, it is especially responsible for import and customs clearance processes of the product through the local customs offices. Depending on the price of your order, you may have to pay customs (for products with a customs value of more than 150 euros).

The customer is solely responsible for customs duty when the product is cleared through customs as the true recipient of the goods. These duties, which are not invoiced to the customer by the supplier, are not the supplier's responsibility. Therefore, the latter will not be responsible for the refund of these rights.

The customer is invited to inquire about these aspects with the competent tax and customs authorities before ordering.


Article 5 - METHODS OF PAYMENT

The payment of the order will be made in cash after validation of the order.

Several payment methods are proposed for the customer:

Payment is made by bank card linked to a bank facility in France or by international bank cards (Visa, MasterCard, American Express and Maestro). The client confirms that he is the holder of the necessary authorizations to pay with the used bank card. You expressly acknowledge that the communication of your credit card number is an irrevocable authorization to charge your account for the price of the ordered products. The amount is charged at the time of validation of the order.

Credit card payments are made via a secure payment platform, and the credit card information communicated benefits from the SSL encryption process.

Payment with Paypal within the limit of one thousand euros (1000 euros). It is emphasized that when using this payment method, the general terms and conditions for using Paypal are added to these terms.

Payment with coupons and / or promotional codes: The coupons and / or promotional codes issued by the supplier can be used to pay all or part of the order. In the event of attempted fraudulent use of the purchase coupons and / or promotional codes, the supplier may continue to cancel the order directly.

In the event of refusal of payment from officially approved organizations or in the event of non-payment of the order, the supplier reserves the right to cancel the said order.

The provider reserves the right to suspend payment methods at any time, especially in the event that a payment service provider ceases to offer its services.

The supplier reserves the right to ensure that no one illegally uses a third party bank card without their knowledge. For this purpose, you can ask the customer for a copy of the identity document, proof of address and a copy of the bank card that was used for payment, with respect for the confidentiality of the data. The order is only validated after receipt and confirmation of the sent documents.

Article 6 - DELIVERY

Before validating the order, the supplier will provide the customer with information about the different delivery methods, as well as their respective costs and deadlines.

The supplier will do his utmost to ensure that the product or products are delivered on the date scheduled for delivery. In case of difficulties, the supplier undertakes to communicate quickly with the customer to inform him of this and seek a suitable solution with him.

Shipping costs are borne by the customer and are included in the price requested when ordering.

Delivery will be made, at the customer's choice, either at the address specified by the customer when ordering, or, where appropriate, at a relay point selected by the customer from the list of points offered. The supplier is not responsible in case of delay or non-delivery due to incomplete or incorrect information communicated by the customer.

Upon receipt of the product, the customer agrees to check that it is complete and that it is not damaged.

In the event of deviations, the customer must contact the supplier within three days (excluding public holidays) after the date of receipt of the product.


Article 7 - LEGAL WARRANTIES

The Supplier will be liable for non-compliance with the goods in accordance with the provisions of Articles L. 217-4 et seq. Of the Consumer Code, as well as hidden defects in accordance with Article 1641 et seq. Of the Civil Code.

When acting within the legal guarantee of conformity (in accordance with the provisions of Articles L. 217-4 et seq. Of the Consumer Code), the customer shall:

- you take advantage of a period of two years from the delivery date to shop;
- You can choose between repairing or replacing the product, under the cost conditions given in Article L.217-9 of the Consumer Code;
- You are exempt from proving that there is a non-compliance within 24 months after delivery of the goods if the product is new, and during the six months after delivery if the product is sold used.

The client may also decide to act within the framework of the legal guarantee against hidden defects, as defined in Article 1641 of the Civil Code. The customer can choose between cancellation of the sale or price reduction, in accordance with Article 1644 of the Civil Code.

These legal guarantees apply regardless of the contractual guarantee.

Reproduction of current texts

L.217-4 Consumer code:

"The seller delivers a product in accordance with the contract and is responsible for non-conformity that existed at the time of delivery. He is also responsible for defects in accordance with packaging, assembly instructions or installation, when the latter is made by the contract or performed under your responsibility."

L.217-5 Consumer code:

"The item is in accordance with the contract:
1 If it is suitable for use normally expected of a similar product, and if relevant:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a selection or a model;
- if it has the qualities that a buyer can legitimately expect in the light of public statements from the seller, manufacturer or their representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement between the parties, or if it is suitable for special use that the buyer seeks, made known to the seller and accepted by him. »

L.217-9 Consumer code:

"In case of non-compliance, the buyer chooses between repair or replacement of the item. However, the seller can not proceed at the choice of the buyer if the said choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the item or the significance of the defect is taken into account. In this case, the seller is obliged to proceed, unless it is impossible to do so, according to the method not chosen by the buyer. "

L.217-12 Consumer code:

"The action due to non-compliance prescribes two years from delivery of the goods."

1641 of the Civil Code

"The seller is bound by the warranty due to the hidden defects of the item sold which makes it unsuitable for the use for which it is intended, or which reduces the use so much that the buyer would not have bought it, or would have paid a lower price for it. , if she had known them. "

1648 in the Civil Code

"The action resulting from the reduction defects must be presented by the buyer within two years after the defect was discovered. [...]»


Article 8 - RIGHT OF ACTION (Act No. 2014-344 of 17 March 2014 on Consumption).

In accordance with Article L 121-20 of the French Consumer Code, the customer has the right to withdraw freely within a period of fourteen (14) calendar days from the date of receipt of your order. When ordering several products, the period starts from the date of receipt of the last product.
In the event that you exercise the right of withdrawal within the said period, the price of the purchased product or products and shipping costs will be refunded, and return the costs at the customer's expense.

To exercise its right of withdrawal, the customer must inform the supplier by sending an unequivocal statement expressing his intention to withdraw within 14 days mentioned above and stating the product name and references, the date of ordering and receipt of the product, order number, number and address to the customer, and in the case of a request sent on paper, the customer's signature.

The request must be sent to the supplier by e-mail or e-mail to the addresses listed in the "legal notices" and / or "contact" section of the website.

The customer has a period of 14 days from sending the withdrawal notice to return the product to the supplier in the original packaging, leaving the return costs alone under the customer's responsibility.

The products must be returned in original and complete condition (packaging, accessories, instructions, etc.) so that the supplier can put them up for sale again. In the event of receipt of open, used, incomplete, damaged or dirty products, the supplier will not return for a refund and may even, if it deems it necessary and appropriate, oblige the customer's responsibility for depreciation of products t.

The supplier will refund the customer within 14 days from the day he knows of the exercise of the right of withdrawal. However, you can only refund the customer upon receipt of the returned product if it was received later.

This refund will be made using the same payment method as that used by the customer to pay for the order, unless the customer expressly accepts another means of payment.



Article 9 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a product page, the sale of products on the website does not imply any transfer of intangible property over the products sold.

Trademarks, domain names, products, software, images, videos, texts or, more generally, all information that is subject to intellectual property rights is and remains the exclusive property of the supplier or the original owner. No intellectual property rights are transferred through these GCS.




Article 10 - FORCE MAJEURE

The Supplier will not be liable for breach of the obligations under this document in the event of an accidental event or force majeure that prevents execution. The supplier will notify the client of the incident of such an incident as soon as possible.


Article 11 - EXCLUSION OF LIABILITY

Notwithstanding anything to the contrary in this document, the supplier shall not be liable for loss or damage due to improper use of the products by the customer, including, without limitation, any modification or alteration of the products not approved by the supplier. .


Article 12 - SUSPENSION - TERMINATION OF ACCOUNT

The Supplier reserves the right to suspend or cancel the account of a client who violates the provisions of CGS or generally applicable legal provisions, without prejudice to damages that the Supplier may request.
Any person whose account has been suspended or closed will not be able to order at a later date or create a new account on the site without the prior permission of the provider.


Article 13 - ARCHIVE - EVIDENCE

Unless otherwise proven, the information registered by the supplier will constitute proof of all transactions.

At the time of each order, the order summary is sent to the customer and archived on the supplier's website.

The submission of the communication between the supplier and the client is carried out in computer-controlled records that are stored for 5 years under reasonable security conditions. These records, where the centers are registered on a reliable and durable medium, are considered as evidence of communication, orders, payments and transactions between the customer and the supplier. They can be presented as proof of the contract.

The submission of the communication, the order data and the invoices is carried out in e ectué on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be presented as proof of the contract.

The customer will have access to archived items with a simple request to the e-mail address displayed in the "legal notices" or "contact" section of the website.


Article 14 - NULLITY AND MODIFICATION OF the TGCs

If any of the provisions of these TGCs are invalid, it will be considered as not written, but it will not invalidate all the contractual provisions.

Any tolerance on the part of the Supplier in the application of all or part of the obligations undertaken in the framework of these GTCs, regardless of frequency and duration, will not constitute a modification of GTC, nor will it generate any right for Client.


Article 15 - APPLICABLE LAW AND RESOLUTION OF DISPUTES

These GTCs are subject to French law.

In case of problems, Customer Service is at your disposal to find an amicable solution.

In the absence of a solution found directly with customer service, the European Commission has set up a dispute resolution platform that aims to collect consumer complaints following an online purchase. The platform then transfers these complaints to a competent national broker. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/main.