Any order placed on the Site implies the CLIENT's unreserved acceptance of these general conditions.
ARTICLE 1. DEFINITIONS
The terms used hereafter have the following meaning in these General Terms and Conditions:
"CUSTOMER": means the SELLER's co-contracting party, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CLIENT acts outside of 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 of the products available on the SITE.
"TERRITORY": refers to metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2. PURPOSE
The present General Terms and Conditions 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.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CLIENT undertakes to read these General Terms and Conditions carefully and to accept them before proceeding with the payment of an order of PRODUCTS placed on the WEBSITE.
The present 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 the General Conditions and to keep a copy.
The SELLER advises the CLIENT to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order for PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm 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
In order to be able to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to prove the agreement of his legal representatives.
The CLIENT will be asked to provide information to identify him/her by completing the form available on the WEBSITE. 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 the status of his order on the WEBSITE if he or she registered before placing the order. The tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at email@example.com to obtain information on the status of his 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 CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
ARTICLE 5. ORDERS
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 CLIENT must receive by virtue of the applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
5.2. Order procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's home page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER shall select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the contents of his order are correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified/registered, an online form will be displayed to the CUSTOMER's attention, automatically completed and summarising the price and, where applicable, delivery costs.
The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CLIENT may then proceed to pay for the PRODUCTS by following the instructions appearing on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all information necessary for the proper processing of the order.
The CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page will appear 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 through the registration form is correct .
The SELLER shall not send any order confirmation by post or fax.
During the order procedure, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER'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 DELIVERY, as well as any possible access code to the DELIVERY address.
The CLIENT must also specify the means of payment 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, nor the order confirmation that the SELLER sends to the CLIENT by post, shall be accepted.
For all the PRODUCTS, the CLIENT will find on the WEBSITE 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).
In particular, prices include value added tax (VAT) at the rate in force at the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the date of entry into force of the new rate.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except in case of gross error. The applicable price is the price indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of the PRODUCTS
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 shall in principle be indicated on the page of the PRODUCT concerned. CLIENTS may also be informed of the resupply of a PRODUCT by the SELLER.
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, propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it shall obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", a policy available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
ARTICLE 7. PAYMENT
7.1. Means of payment
The CLIENT may pay for its PRODUCTS online on the WEBSITE according to the means proposed by the SELLER.
The CLIENT guarantees the SELLER that it holds all the authorisations required to use the chosen means of payment.
The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
In this respect, it is specified that all information relating to payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
7.2. Payment date
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
If payment is made by bank transfer, the CLIENT must make the bank transfer within five working days from the day the order is placed.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department 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 money flow due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. EVIDENCE AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order 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 to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER shall have the opportunity 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 shall remain the owner of the PRODUCTS delivered until full payment by the CLIENT.
The above provisions shall not prevent the transfer to the CLIENT, upon receipt by it, or by a third party designated by it other than the carrier, of the risks of loss or damage to the PRODUCTS that are the subject of the reservation of ownership, as well as the risks of damage that they may entail.
ARTICLE 10. DELIVERY
The terms and conditions of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
ARTICLE 11. PACKAGING
The PRODUCTS will be packed 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 - mPolicy of withdrawal.
ARTICLE 12. GUARANTEES
In addition to the commercial guarantees that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" guarantees for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code
ARTICLE 13. RESPONSIBILITY
The responsibility of the SELLER may under no circumstances be engaged in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering the order.
The SELLER may not be held liable, or considered as having failed hereunder, 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 further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, he excludes all responsibility for the information published on them. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.
ARTICLE 14. FORCE MAJEURE
The responsibility of the SELLER may not be implemented if the non-execution or delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the debtor's control, which could not be reasonably foreseen at the time of the conclusion of the contract 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 permanent, the contract is terminated by operation of law and the parties are discharged from their obligations in accordance with the conditions laid down in articles 1351 and 1351-1 of the Civil Code.
In this respect, the SELLER's liability may not be engaged in particular in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, 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 GCS and preventing performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim payment of any compensation and may not take any action against the SELLER.
In the event of the occurrence of one of the aforementioned events, the SELLER shall endeavour to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects on the WEBSITE personal data concerning its CUSTOMERS, including through cookies. CLIENTS may deactivate 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, analyze orders and, if the CLIENT has expressly chosen this option, to send the CLIENT 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 CLIENT's data are kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CLIENTS may at any time unsubscribe 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 order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have expressly given their prior consent when registering on the WEBSITE.
The SELLER will specifically ask the CLIENTS 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 its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, data files and individual liberties 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 Regulation on Data Protection, known as RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CUSTOMER whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of 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 RGPD, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him/her, without reason and without charge.
The CUSTOMER may exercise these rights by sending an e-mail to the following address: firstname.lastname@example.org or by sending a letter to Deux6 - 66 Avenue de la Bourdonnais 75007 Paris - France.
It is specified that the CUSTOMER must be able to prove his or her identity, either by scanning an identity document or by sending the SELLER a photocopy of his or her identity document.
ARTICLE 16. CLAIMS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" on the following number: +33 1 83 89 21 39 (non surcharged number). Any written complaint by the CLIENT must be sent to the following address: Deux6 - 66 Avenue de la Bourdonnais 75007 Paris - France
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 authorisation in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, in whole or in part, of the WEBSITE and its content, by any process whatsoever, without the SELLER's express prior authorisation, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these GTCS constitutes recognition by the CLIENT of the SELLER's intellectual property rights and a commitment to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
Any change in 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 a modification or decision does not in any way authorize the CUSTOMERS to disregard the present General Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail sector for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These Terms and Conditions apply to all online purchases made on the SITE, as long as the SITE is available online.
The General Conditions are dated accurately 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.
Changes made to the General Conditions shall not apply to PRODUCTS already purchased.
Article 20 - JURISDICTION AND APPLICABLE LAW
THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL BE COMPETENT.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the SELLER's claims department.
If no agreement is reached or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then 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: Thomas Chedeville, whose contact details are: email@example.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 dispute
As mediation is not mandatory, the CUSTOMER or the SELLER may withdraw from the process at any time.
IN THE EVENT THAT THE MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT INDICATED ABOVE.
Principle of retraction
The CUSTOMER has the right to retract by returning or returning the PRODUCT to the SELLER.
To do so, the PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw from this contract, and return the goods to the following address : Deux6, 66 Avenue de la Bourdonnais - 75007 Paris - France.
In accordance with Article L.221-18 of the French 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, takes physical possession of the PRODUCT.
In the event that the CLIENT 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 batches), 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, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order covers several PRODUCTS and if these PRODUCTS are delivered separately, 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, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise its right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify its decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to : Deux6 - 66 Avenue de la Bourdonnais 75007 Paris - France or firstname.lastname@example.org.
It can also use the form below:
For the withdrawal period to be respected, the CUSTOMER must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of retraction by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising, 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, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT (Article L.221-24). of the Consumer Code).
The SELLER shall make the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any event, this refund shall not incur any costs for the CUSTOMER.
The SELLER shall not be required to reimburse additional costs if the CLIENT has expressly chosen a delivery method that is more expensive than the standard delivery method proposed by the SELLER.
The SELLER may postpone the refund until the goods are received or until the CLIENT has provided proof of shipment of the goods, whichever is earlier.
Methods of return
The CUSTOMER shall, without undue delay and in any event no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to : Deux6, 66 Avenue de la Bourdonnais 75007 Paris - France.
This deadline is deemed to have been met if the CLIENT returns the goods before the fourteen (14) day period has expired.
The CUSTOMER shall bear the direct costs of returning the goods.
If 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 good
The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered.
The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT but may be held liable if it carries out manipulations other than those necessary to establish the nature, characteristics and proper functioning of the PRODUCT.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods made according to the CUSTOMER's specifications or clearly personalized
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUCTS in stock are mentioned on the WEBSITE. These lead times do not include 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 & costs
During the ordering process, the SELLER shall indicate 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 shall be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The delivery times and costs are detailed on the SITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
Terms of DELIVERY
The package will be given to the CLIENT against signature our without signature, according to the CUSTOMER's discretion.
In the event of absence, a notice of passage will be left with the CLIENT, to enable him to collect his parcel from his post office.
Problems of DELIVERY
The CUSTOMER is informed of the delivery date set at the time it 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 CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may terminate the contract.
The SELLER shall reimburse the CLIENT, without undue delay from receipt of the cancellation letter, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CLIENT to purchase the PRODUCTS.
The SELLER shall be liable until delivery of the PRODUCT to the CLIENT. The CLIENT is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.