General Terms and Conditions of Sale - Anti-Cockroach...
GENERAL TERMS AND CONDITIONS OF SALE |
These general terms and conditions of sale (hereinafter the "General Terms") apply to any purchase made by an internet user / natural person (hereinafter the "CUSTOMER") on the website https://produits-anti-cafards.com (hereinafter the "WEBSITE") from Prestatic, a SARL registered with the Marseille Trade and Companies Register
under number 94798991900016, with its registered office at 25 boulevard des dames, 13002, Marseille,
France Tel: 0987104275,
Fax:
email: noreply@Prestatic.FR (hereinafter the "SELLER").
IMPORTANT
Any order placed on the WEBSITE necessarily implies the CUSTOMER's unconditional and unreserved acceptance of these general terms and conditions of sale.
Article 1. Definitions
The terms used below have, in these General Terms, the following meaning:
- "CUSTOMER": refers to the contracting party of the SELLER, who warrants that they have the status of consumer as defined by French law and case law. As such, it is expressly provided that this CUSTOMER acts outside any habitual or commercial activity.
- "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of ordering.
- "PRODUCTS": refers to all products available on the WEBSITE.
- "TERRITORY": refers to Metropolitan FRANCE (excluding overseas territories).
Article 2. Purpose
These General Terms govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE 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
The CUSTOMER undertakes to carefully read these General Terms and accept them before proceeding with payment of an order for PRODUCTS placed on the WEBSITE.
These General Terms are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Terms and keep a copy.
The SELLER advises the CUSTOMER to read the General Terms with each new order, as the latest version of said Terms applies to any new order for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms without limitation or condition.
These General Terms are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Terms and keep a copy.
The SELLER advises the CUSTOMER to read the General Terms with each new order, as the latest version of said Terms applies to any new order for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms without limitation or condition.
Article 4. Purchasing products on the website
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity, or if a minor, be able to provide proof of their legal representatives' consent.
The CUSTOMER will be asked to provide information to identify themselves by completing the form available on the WEBSITE. The (*) sign indicates mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the WEBSITE. DELIVERY tracking may, where applicable, be carried out using certain carriers' online tracking tools. The CUSTOMER may also contact the SELLER's sales department at any time by email, at the address noreply@Prestatic.FR, to obtain information on the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility and the information provided.
The CUSTOMER will be asked to provide information to identify themselves by completing the form available on the WEBSITE. The (*) sign indicates mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the WEBSITE. DELIVERY tracking may, where applicable, be carried out using certain carriers' online tracking tools. The CUSTOMER may also contact the SELLER's sales department at any time by email, at the address noreply@Prestatic.FR, to obtain information on the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their 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 WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms).
The CUSTOMER undertakes to carefully read this information before placing an order on the WEBSITE.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.
Article 5.2. Ordering procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the relevant PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, it is placed in the CUSTOMER's basket. The CUSTOMER can then add as many PRODUCTS as they wish to their basket.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the basket, the CUSTOMER must click on the basket and verify that the content of their order is correct. If the CUSTOMER has not already done so, they will then be asked to log in or register.
Once the CUSTOMER has validated the basket contents and logged in / registered, an automatically completed online form will be displayed showing the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the content of their order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its content.
The CUSTOMER can then proceed with payment for the PRODUCTS by following the instructions on the WEBSITE and providing all information necessary for billing 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 information necessary for proper processing of the order.
The CUSTOMER must also select their chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the WEBSITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by email, provided that the email address given in the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
5.2.4. Invoicing
During the ordering procedure, the CUSTOMER will need to enter the information required for invoicing (the (*) sign will indicate mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code for the DELIVERY address.
The CUSTOMER must then specify the chosen payment method.
Neither the order form drawn up online by the CUSTOMER, nor the order acknowledgement sent by the SELLER to the CUSTOMER by email constitute an invoice. Regardless of the ordering or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the parcel.
5.3. Order date
The order date is the date on which the SELLER acknowledges receipt of the order online. The lead times indicated on the WEBSITE only begin to run from this date.
5.4. Prices
For all PRODUCTS, the CUSTOMER will find on the WEBSITE prices displayed in euros inclusive of all taxes, as well as applicable delivery charges (depending on the weight of the parcel, excluding packaging and gifts, the DELIVERY address and the carrier or transport method chosen).
Prices include in particular value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The SELLER's suppliers' prices are subject to change. Consequently, the prices shown on the WEBSITE may change. They may also be modified in case of special offers or sales.
The prices shown are valid, except in case of obvious error. The applicable price is the one shown on the WEBSITE on the date the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the relevant PRODUCT page. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER's request:
Either propose to ship all PRODUCTS together once the out-of-stock PRODUCTS are available again,
Or carry out a partial shipment of available PRODUCTS initially, then ship the remainder of the order when the other PRODUCTS become available, subject to clear information regarding any additional transport costs that may be incurred,
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will receive a refund of all amounts paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
The terms of the right of withdrawal are set out in the "Terms and conditions for exercising the right of withdrawal" section, available in Annex 1 hereto and accessible at the bottom of each page of the WEBSITE via a hyperlink.
Article 7. Payment
7.1. Payment methods
The CUSTOMER may pay for their PRODUCTS online on the WEBSITE using the methods offered by the SELLER.
The CUSTOMER warrants to the SELLER that they hold all the required authorisations to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online in connection with online payment on the WEBSITE.
It is specified that all payment-related information provided on the WEBSITE is transmitted to the WEBSITE's bank and is not processed on the WEBSITE.
7.2. Payment date
In case of single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCT order is placed on the WEBSITE.
In case of partial DELIVERY, the full amount will be debited from the CUSTOMER's account at the earliest when the first parcel is dispatched. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms.
7.3. Late or refused payment
If the bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER's Customer Service to pay for the order by any other valid payment method.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract entered into with the CUSTOMER corresponding to an order exceeding €120 inclusive of all taxes will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to ensure transaction tracking and to produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER shall have the ability to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
The SELLER agrees to archive this information in order to ensure transaction tracking and to produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER shall have the ability to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER retains ownership of the delivered PRODUCTS until full payment is received from the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by them, or by a third party designated by them other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by them, or by a third party designated by them other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.
Article 10. Delivery
The terms of DELIVERY of the PRODUCTS are set out in the "delivery policy" referred to in Annex 2 hereto and accessible at the bottom of each page of the WEBSITE via a hyperlink.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1 – Terms and conditions for exercising the right of withdrawal.
Article 12. Warranties
12.1. Warranty of conformity
Article L.211-4 of the French Consumer Code: "The seller is required to deliver a product that conforms to the contract and is liable for defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been charged to them under the contract or carried out under their responsibility."
Article L.211-5 of the French Consumer Code: To conform to the contract, the product must:
1° Be fit for the purpose usually expected of a similar product and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect having regard to public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or have the characteristics mutually agreed upon by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
The SELLER is required to deliver a PRODUCT that conforms, i.e. is fit for the purpose usually expected of a similar product and corresponds to the description given on the WEBSITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect having regard to the public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER may be liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from packaging, assembly instructions or installation when this was charged to them or carried out under their responsibility.
The action resulting from the defect of conformity is time-barred two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code)
In the event of a defect in conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at their choice. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other option considered, given the value of the PRODUCT or the significance of the defect, the SELLER may proceed with a refund without following the option chosen by the CUSTOMER.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 25 boulevard des dames, 13002, Marseille.
Finally, the CUSTOMER is exempt from providing proof of the existence of the defect in conformity of the PRODUCT during the six (6) months following delivery of the product.
It is specified that this legal warranty of conformity applies independently of any commercial warranty that may be granted on the PRODUCTS.
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold that render it unfit for the use for which it is intended, or that so diminish such use that the CUSTOMER would not have purchased it, or would only have offered a lower price, had they known of them. (Article 1641 of the French Civil Code)
This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned and a refund of part of its price if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 25 boulevard des dames, 13002, Marseille. The action resulting from latent defects must be brought by the CUSTOMER within two (2) years of discovery of the defect. (First paragraph of Article 1648 of the French Civil Code)
Article L.211-5 of the French Consumer Code: To conform to the contract, the product must:
1° Be fit for the purpose usually expected of a similar product and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect having regard to public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or have the characteristics mutually agreed upon by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
The SELLER is required to deliver a PRODUCT that conforms, i.e. is fit for the purpose usually expected of a similar product and corresponds to the description given on the WEBSITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect having regard to the public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER may be liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from packaging, assembly instructions or installation when this was charged to them or carried out under their responsibility.
The action resulting from the defect of conformity is time-barred two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code)
In the event of a defect in conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at their choice. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other option considered, given the value of the PRODUCT or the significance of the defect, the SELLER may proceed with a refund without following the option chosen by the CUSTOMER.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 25 boulevard des dames, 13002, Marseille.
Finally, the CUSTOMER is exempt from providing proof of the existence of the defect in conformity of the PRODUCT during the six (6) months following delivery of the product.
It is specified that this legal warranty of conformity applies independently of any commercial warranty that may be granted on the PRODUCTS.
12.2. Warranty against hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold that render it unfit for the use for which it is intended, or that so diminish such use that the CUSTOMER would not have purchased it, or would only have offered a lower price, had they known of them. (Article 1641 of the French Civil Code)
This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned and a refund of part of its price if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 25 boulevard des dames, 13002, Marseille. The action resulting from latent defects must be brought by the CUSTOMER within two (2) years of discovery of the defect. (First paragraph of Article 1648 of the French Civil Code)
Article 13. Liability
The SELLER's liability may under no circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.
The SELLER may not be held liable, or deemed to have breached these provisions, 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 French courts and tribunals.
It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, it excludes all liability for the information published thereon. Links to third-party websites are provided for information purposes only and no warranty is given as to their content.
The SELLER collects personal data about its Customers on the WEBSITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has opted in, send them commercial prospecting emails, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its performance and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their prior consent at the time of registration on the WEBSITE.
The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS whether they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of 6 January 1978 on information technology, files and civil liberties, the CUSTOMER has the right of access, rectification, opposition (on legitimate grounds) and deletion of their personal data. They may exercise this right by sending an email to the address: noreply@Prestatic.FR or by sending a letter to 25 boulevard des dames, 13002, Marseille.
It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document, or by sending the SELLER a photocopy of their identity document.
The SELLER may not be held liable, or deemed to have breached these provisions, 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 French courts and tribunals.
It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, it excludes all liability for the information published thereon. Links to third-party websites are provided for information purposes only and no warranty is given as to their content.
Article 14. Personal data
The SELLER collects personal data about its Customers on the WEBSITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has opted in, send them commercial prospecting emails, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its performance and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their prior consent at the time of registration on the WEBSITE.
The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS whether they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of 6 January 1978 on information technology, files and civil liberties, the CUSTOMER has the right of access, rectification, opposition (on legitimate grounds) and deletion of their personal data. They may exercise this right by sending an email to the address: noreply@Prestatic.FR or by sending a letter to 25 boulevard des dames, 13002, Marseille.
It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document, or by sending the SELLER a photocopy of their identity document.
Article 15. Complaints
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 0987104275 (non-premium rate number).
Any written complaint from the CUSTOMER must be sent to the following address: 25 boulevard des dames, 13002, Marseille.
Any written complaint from the CUSTOMER must be sent to the following address: 25 boulevard des dames, 13002, Marseille.
Article 16. Intellectual property
All visual and audio elements of the WEBSITE, 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 hyperlink to the WEBSITE must request written permission from the SELLER.
This permission from the SELLER will under no circumstances be granted on a permanent basis. This link must be removed at the SELLER's request. Hyperlinks to the WEBSITE that use techniques such as framing or in-line linking are strictly prohibited.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the WEBSITE must request written permission from the SELLER.
This permission from the SELLER will under no circumstances be granted on a permanent basis. This link must be removed at the SELLER's request. Hyperlinks to the WEBSITE that use techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Terms
Any change in applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms, shall not affect the validity of these General Terms. Such a change or decision does not in any way authorise CUSTOMERS to disregard these General Terms.
All conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail trade sector, for companies whose registered office is located in France.
All conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail trade sector, for companies whose registered office is located in France.
Article 18. Amendment of the General Terms
These General Terms apply to all purchases made online on the WEBSITE, for as long as the WEBSITE is available online.
The General Terms are precisely dated and may be amended and updated by the SELLER at any time. The General Terms applicable are those in force at the time of the order.
Amendments to the General Terms will not apply to PRODUCTS already purchased.
The General Terms are precisely dated and may be amended and updated by the SELLER at any time. The General Terms applicable are those in force at the time of the order.
Amendments to the General Terms will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Terms and the relations between the CUSTOMER and the SELLER are governed by French law.
In the event of a dispute, only French courts shall have jurisdiction.
However, prior to any recourse to arbitral or state courts, negotiation shall be favoured in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any conflict relating to this contract, including concerning its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties are unable to reach agreement, the dispute shall be referred to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other with respect to the dispute that is the subject of the negotiation. By exception, the parties are authorised to refer the matter to the summary proceedings judge or to request the issue of an order on petition. Any action before the summary proceedings judge or the implementation of proceedings on petition does not on the part of the parties constitute any waiver of the amicable settlement clause, unless there is an express contrary intention.
In the event of a dispute, only French courts shall have jurisdiction.
However, prior to any recourse to arbitral or state courts, negotiation shall be favoured in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any conflict relating to this contract, including concerning its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties are unable to reach agreement, the dispute shall be referred to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other with respect to the dispute that is the subject of the negotiation. By exception, the parties are authorised to refer the matter to the summary proceedings judge or to request the issue of an order on petition. Any action before the summary proceedings judge or the implementation of proceedings on petition does not on the part of the parties constitute any waiver of the amicable settlement clause, unless there is an express contrary intention.
ANNEX 1
TERMS AND CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWALPrinciple of withdrawal
The CUSTOMER has, in principle, the right to return or hand back the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of their decision to withdraw, unless the SELLER offers to collect the PRODUCT themselves.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the PRODUCT.
In the case where the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement to: 25 boulevard des dames, 13002, Marseille or noreply@Prestatic.FR.
They may also use the form below:
For the withdrawal period to be respected, the CUSTOMER must send their communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund all amounts paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER's decision to withdraw.
The SELLER will proceed with the refund using the same payment method as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different method; in any event, this refund will not incur any costs for the customer.
The SELLER may defer the refund until receipt of the product or until the CUSTOMER has provided proof of dispatch of the product, whichever is the earlier.
Return procedures
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the product to: 25 boulevard des dames, 13002, Marseille.
This period is deemed to have been met if the CUSTOMER returns the product before the expiry of the fourteen-day period.
Return costs
The CUSTOMER shall bear the direct costs of returning the product.
Condition of the returned product
The PRODUCT must be returned in accordance with the SELLER's instructions and must include all delivered accessories.
The CUSTOMER's liability is only incurred with regard to the depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the option of testing the PRODUCT but their liability may be incurred if they carry out handling other than what is necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
The CUSTOMER has, in principle, the right to return or hand back the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of their decision to withdraw, unless the SELLER offers to collect the PRODUCT themselves.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the PRODUCT.
In the case where the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement to: 25 boulevard des dames, 13002, Marseille or noreply@Prestatic.FR.
They may also use the form below:
WITHDRAWAL FORM
For the attention of [*] (*SELLER's contact details)
SELLER's telephone number*:
SELLER's fax number*:
SELLER's email address*:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference
Invoice No.:
Order No.:
- Ordered on [____________]/received on [________________]
- Payment method used:
- CUSTOMER's name and, where applicable, the name of the order beneficiary:
- CUSTOMER's address:
- Delivery address:
- CUSTOMER's signature (unless sent by email)
- Date
SELLER's telephone number*:
SELLER's fax number*:
SELLER's email address*:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference
Invoice No.:
Order No.:
- Ordered on [____________]/received on [________________]
- Payment method used:
- CUSTOMER's name and, where applicable, the name of the order beneficiary:
- CUSTOMER's address:
- Delivery address:
- CUSTOMER's signature (unless sent by email)
- Date
For the withdrawal period to be respected, the CUSTOMER must send their communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund all amounts paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER's decision to withdraw.
The SELLER will proceed with the refund using the same payment method as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different method; in any event, this refund will not incur any costs for the customer.
The SELLER may defer the refund until receipt of the product or until the CUSTOMER has provided proof of dispatch of the product, whichever is the earlier.
Return procedures
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the product to: 25 boulevard des dames, 13002, Marseille.
This period is deemed to have been met if the CUSTOMER returns the product before the expiry of the fourteen-day period.
Return costs
The CUSTOMER shall bear the direct costs of returning the product.
Condition of the returned product
The PRODUCT must be returned in accordance with the SELLER's instructions and must include all delivered accessories.
The CUSTOMER's liability is only incurred with regard to the depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the option of testing the PRODUCT but their liability may be incurred if they carry out handling other than what is necessary.
Exclusions from the right of withdrawal
The 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 to the CUSTOMER's specifications or clearly personalised
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspapers, periodicals, magazines (except subscription contracts)
- 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 items
- Supply of sealed goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the CUSTOMER after DELIVERY
- Supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, delivery of which can only be made after 30 days and whose actual value depends on market fluctuations beyond the SELLER's control
- Supply of digital content not provided on a tangible medium if performance has begun with the consumer's prior express consent, who has also acknowledged that they will thereby lose their right of withdrawal
- Contracts concluded at a public auction
ANNEX 2
DELIVERY POLICY
Delivery area
The PRODUCTS offered can only be delivered within the TERRITORY.
It is not possible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Dispatch time
The time required to prepare an order and then issue the invoice, before dispatching PRODUCTS in stock, is stated on the WEBSITE. These times are exclusive of weekends and public holidays.
An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the email address in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the available delivery times and shipping options for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be owed by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are provided on the WEBSITE.
DELIVERY procedures
The parcel will be handed to the CUSTOMER upon signature and presentation of identification.
In case of absence, a delivery notice will be left for the CUSTOMER, to allow them to collect their parcel from their post office.
DELIVERY problems
The CUSTOMER is informed of the delivery date when they choose 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 CUSTOMER must give the SELLER formal notice to deliver within a reasonable time and, in the event of non-delivery within this period, they may terminate the contract.
The SELLER will refund, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial losses observed upon delivery.
The PRODUCTS offered can only be delivered within the TERRITORY.
It is not possible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Dispatch time
The time required to prepare an order and then issue the invoice, before dispatching PRODUCTS in stock, is stated on the WEBSITE. These times are exclusive of weekends and public holidays.
An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the email address in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the available delivery times and shipping options for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be owed by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are provided on the WEBSITE.
DELIVERY procedures
The parcel will be handed to the CUSTOMER upon signature and presentation of identification.
In case of absence, a delivery notice will be left for the CUSTOMER, to allow them to collect their parcel from their post office.
DELIVERY problems
The CUSTOMER is informed of the delivery date when they choose 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 CUSTOMER must give the SELLER formal notice to deliver within a reasonable time and, in the event of non-delivery within this period, they may terminate the contract.
The SELLER will refund, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial losses observed upon delivery.
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