GENERAL TERMS AND CONDITIONS OF SALE
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These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person (hereinafter the "CLIENT") on the website https://www.cieldazur.com (hereinafter the "SITE") with Ciel d'Azur Labs SAS: ZA de Pitaugier 04300 Mane, France, Capital : 1 000 000 € - Code APE 2042Z – RCS 417 880 895 Manosque – SIRET 417 880 895 00038 – SIREN 417 880 895 – N°TVA FR50417880895 - Téléphone : 04 92 74 63 40 - Courriel : vpc@cieldazur.com. (hereinafter the "SELLER").
IMPORTANT
Any order placed on the Site necessarily implies the CLIENT's unreserved acceptance of these general conditions.
ARTICLE 1. DEFINITIONS
The terms used below have the following meanings in these General Terms and Conditions:
"CLIENT": refers to the SELLER's contracting partner, who guarantees to be a consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CLIENT acts outside any usual or commercial activity.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
"PRODUCTS": refers to all products available on the SITE.
"TERRITORY": refers to Metropolitan France (excluding the French overseas departments and territories).
ARTICLE 2. OBJECT
These General Conditions govern the SELLER's sale of the PRODUCTS to its CLIENTS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The CLIENT undertakes to read these General Conditions carefully and accept them, before proceeding to the payment of an order for PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print and keep a copy of the General Conditions.
The SELLER advises the CLIENT to read the General Conditions with each new order, the latest version of which applies to all new orders for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
To be able to purchase a PRODUCT, the CLIENT must be at least 18 years old and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives.
The CLIENT will be asked to provide information allowing him/her to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of some carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at vpc@cieldazur.com to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and comply with European legislation in force and the standards applicable in France.
Article 5.2. Ordering procedure
PRODUCTS orders are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CLIENT must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in his basket, the CLIENT must click on the basket and check that the content of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or register.
Once the CLIENT has validated the contents of the basket and has identified / registered, an online form will appear to the CLIENT automatically completed and summarizing the price, applicable taxes and, if applicable, delivery charges.
The CLIENT is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the invoicing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering procedure, the CLIENT must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of the DELIVERY, as well as any access code to the address of the DELIVERY.
The CLIENT must also specify the payment method chosen.
Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT by e-mail, shall constitute an invoice. Whatever the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Date order
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The time limits indicated on the SITE only start to run from this date.
5.4. Prices
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier or mode of transport chosen).
Prices include in particular value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of PRODUCTS as of the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. As a result, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, unless there is a gross error. The applicable price is the one indicated on the SITE on the date on which the order is placed by the CLIENT.
5.5. PRODUCT Availability
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CLIENTS may also be informed of the SELLER's restocking of a PRODUCT.
In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS at the latest within thirty (30) days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", which is available in Annex 1 hereof and can be accessed at the bottom of each page of the SITE via a hypertext link.
ARTICLE 7. PAYMENT
7.1. Payment methods
The CLIENT may pay for his PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CLIENT guarantees to the SELLER that he holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
7.2. Date of payment
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as PRODUCTS are ordered on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CLIENT corresponding to an order for an amount exceeding 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until they have been fully paid for by the CLIENT.
The above provisions shall not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS covered by the reservation of ownership, as well as the risks of damage that they may cause.
ARTICLE 10. SHIPPING
Les modalités de LIVRAISON des PRODUITS sont prévues dans la « politique de livraison » visée en Annexe 2 des présentes et accessibles en bas de chaque page du SITE via un lien hypertexte.
ARTICLE 11. PACKAGING
PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1 - m Retraction Policy.
ARTICLE 12. GUARANTEES
In addition to the commercial guarantees that the SELLER may offer for certain PRODUCTS, any Customer benefits from "legal" guarantees for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Consumer Code
Article 12.1. Compliance guarantee
Article L. 217-4 of the Consumer Code: «The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility».Article L.217-5 of the Consumer Code: "The property is in conformity with the contract: 1° If it is specific to the use usually expected of a similar property and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and that the latter has agreed".
The SELLER is likely to be liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter has been charged to him or has been carried out under his responsibility.
The action resulting from the lack of conformity shall be barred after two (2) years from the date of issue of the PRODUCT (Article L.217-12 of the Consumer Code)
In the event of lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is clearly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the Customer.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address ZA de Pitaugier 04300 Mane.
Finally, the CLIENT is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the issuance of the PRODUCT except for second-hand goods for which this period is set at six (6) months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the PRODUCTS.
Article 12.2. Warranty for hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the CLIENT would not have acquired it, or would have given only a lower price, if he had known them.(Article 1641 of the Civil Code)
This warranty allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the PRODUCT price if it is returned or the refund of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address ZA de Pitaugier 04300 Mane. The action resulting from the fundamental defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
ARTICLE 13. LIABILITY
The SELLER may in no event be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular during the entry of his order.
The SELLER may not be held liable, or considered to have failed to comply herewith, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
It is also specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published in it. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER's liability may not be invoked if the failure to perform or the delay in performing one of its obligations described in these GTC results from a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this respect, the SELLER may not be held liable in particular in the event of an attack by hackers, the unavailability of equipment, supplies, spare parts, personal or other equipment, the interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the SELLER's control occurring after the conclusion of the GTC and preventing performance under normal conditions.
It is specified that, in such a situation, the CLIENT may not claim any compensation and may not bring any action against the SELLER.
In the event of one of the above-mentioned events, the SELLER shall endeavour to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects on the SITE personal data concerning its CLIENTS, including by means of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyse orders and, if the CLIENT has expressly chosen this option, send him sales prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The SELLER shall keep the CLIENT's data confidential for the purposes of the contract, its execution and in compliance with the law.
CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time by contacting the SELLER. The SELLER may also ask his CLIENTS if they wish to receive commercial solicitations from his partners.
In accordance with Law No 78-17 of 6 January 1978 on data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the SELLER shall ensure the implementation of the rights of the persons concerned.
It is recalled that the CLIENT whose personal data are processed has the right to access, rectify, update, portability and delete information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the DGPS, the CLIENT may also, for legitimate reasons, object to the processing of data concerning him, without reason and without charge.
The CLIENT may exercise these rights by sending an e-mail to the following address: vpc@cieldazur.com or by sending a letter to ZA de Pitaugier 04300 Mane.
It is specified that the CLIENT must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. COMPLAINTS
The SELLER provides the CLIENT with a "Customer Telephone Service" at the following number: 0492746340 (number not overtaxed). Any written complaint from the CLIENT must be sent to the following address: ZA de Pitaugier 04300 Mane.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's written authorization.
This authorization of the SELLER shall under no circumstances be granted definitively. This link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its content, by any means whatsoever, without the SELLER's express prior authorization, is prohibited and shall constitute an infringement punishable by Articles L. 335-2 et seq. and Articles L. 713-1 et seq. of the Intellectual Property Code.
The acceptance of these GTCs constitutes recognition by the CLIENT of the SELLER's intellectual property rights and an undertaking to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such modification or decision shall in no way entitle CUSTOMERS to disregard these General Terms and Conditions.
Any terms and conditions not expressly provided for herein shall be governed in accordance with the practice of the retail trade sector, for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
The modifications made to the General Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to the arbitral or state judge, the Client is invited to contact the SELLER's claims department.
If no agreement is reached or if the CLIENT justifies having previously attempted to resolve his dispute directly with the SELLER by a written complaint, then an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute relating to this contract arises, including its validity.
To initiate this mediation, the CLIENT may contact the SELLER's mediator: Mikaël Lapuyade, whose contact details are: ZA de Pitaugier 04300 Mane and can be entered via this link: rgpd@cieldazur.com .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict
As mediation is not mandatory, the CLIENT or the SELLER may withdraw from the process at any time.
IN THE EVENT THAT THE MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO A MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT INDICATED ABOVE.
APPENDIX 1
RETRACTATION POLICY
Principle of retractationThe CLIENT has the right to withdraw from the contract by returning or returning the PRODUCT to the SELLER.
To this end, the PRODUCT must be returned or returned without undue delay, and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless the SELLER offers to recover the PRODUCT himself.
Retractation periodIn accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order resulting in several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT delivered.
If the CLIENT's order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT.
Notification of the right of retractationTo exercise its right of withdrawal and in accordance with Article L. 221-21 of the Consumer Code, the CLIENT must notify its decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) to: ZA de Pitaugier 04300 Mane or vpc@cieldazur.com.
He can also use the form below:
RETRACTATION FORM
To the attention of: Ciel d'Azur LABS
SELLER's telephone number: 0492746340
SELLER's fax number: 0492746347
SELLER*'s e-mail address:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT Reference:
Invoice number:
Order form number:
- Ordered on [________________]/received on [________________]
- Payment method used:
- Name of the CLIENT and, if applicable, the beneficiary of the order:
- CLIENT's address:
- Delivery address:
- CLIENT's signature (except in the case of transmission by e-mail)
- Date
In order for the withdrawal period to be respected, the CLIENT must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of retractation In the event of retraction by the CLIENT, the SELLER undertakes to refund all sums paid, including delivery costs (with the exception of additional costs resulting, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, at the latest fourteen (14) days from the day on which the SELLER will receive the returned PRODUCT.
(Article L.221-24 of the Consumer Code).
The SELLER shall proceed with the refund using the same means of payment as the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any event, this refund shall not entail any costs for the CLIENT.
The SELLER is not required to reimburse the additional costs if the CLIENT has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER.
The SELLER may defer the refund until the goods are received or until the CLIENT has provided proof of shipment of the goods, whichever comes first.
Methods of return The CLIENT shall, without undue delay and in any event not later than fourteen (14) days after notification of its decision to withdraw from this contract, return the goods to : ZA de Pitaugier 04300 Mane.
This deadline is deemed to have been met if the CLIENT returns the property before the expiry of the fourteen (14) day deadline.
Return costs The CLIENT shall bear the direct costs of returning the property.
In the event that the weight of the PRODUCT prevents the CLIENT from returning the PRODUCT by post, the CLIENT shall bear the direct costs of returning the goods.
Condition of the returned propertyThe PRODUCT must be returned in accordance with the SELLER's instructions and include all accessories delivered.
The CLIENT shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the possibility to test the PRODUCT but his responsibility can be engaged if he carries out manipulations other than those necessary.
Exclusions from the right of retractationThe right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made according to the CLIENT's specifications or clearly personalised
- Supply of goods likely to deteriorate or expire quickly
- Provision of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other articles
- Supplies of sealed goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the CLIENT after DELIVERY
- the supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract, the delivery of which can only be made after 30 days and whose real value depends on fluctuations on the market beyond the SELLER's control
- Provision of dematerialised non-delivered digital content if the execution has started with the express prior consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
- contracts concluded at a public auction
APPENDIX 2
SHIPPING POLICY
Shipping ZoneThe PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
Shipping timesThe deadlines for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are exclusive of weekends or public holidays.
An electronic message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address given in the registration form is correct.
Delivery times & CostsDuring the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping formulas for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method.
The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The details of delivery times and costs are detailed on the SITE.
In the absence of an indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and at the latest thirty (30) days after the conclusion of the contract.
(Article L.216-1 of the Consumer Code).
Terms of DeliveryThe package will be delivered to the CLIENT against signature and upon presentation of an identity document.
In case of absence, a notice of passage will be left to the CLIENT, in order to allow him to pick up his package in his post office.
Delivery problemThe CLIENT is informed of the delivery date set at the time he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CLIENT must give notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.
The SELLER shall refund, without undue delay from the receipt of the termination letter, to the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same method of payment as that used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.
