GENERAL TERMS AND CONDITIONS OF USE AND SALE
The present General Conditions of Sale (hereinafter referred to as "GCS") are offered by FABBRI Romain, a sole proprietorship registered at the Aix-en-Provence RCS under the number 88323399100016, with its registered office located at 30 Chemin de la petite carraire, 13220 Châteauneuf les Martigues (hereinafter "THE SELLER")"
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Each client acknowledges having been made aware, in a clear and understandable manner, of the present General Conditions of Use and Sale (CGUV) as well as all the information necessary for the execution of the present, in accordance with articles L.111-1 to L.111-8 of the Consumer Code, prior to placing their order and before any conclusion of their contract with FABBRI Romain, Auto-entrepreneur, a company registered in the RCS of Aix-en-Provence under the number 88323399100016.
1. APPLICATION AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF USE
The present Terms and Conditions of Use and Sale apply to all use of the Site as well as to any order of Products by any customer, an individual, acting for purposes that do not fall within the scope of their professional activity, or any customer, an individual or legal entity, acting within the framework of their commercial, industrial, craft, or freelance activity (hereinafter the "Customer") made on the Site, starting from 09/01/20.
The present Terms and Conditions aim to define the terms of the order of the Products, and to determine the respective rights and obligations of each party in the context of the supply of the Products.
Unless otherwise agreed in writing by the parties, these General Terms and Conditions of Use (CGUV) prevail over any conflicting clauses from previously written general conditions, and thus apply to the exclusion of any other agreement.
These General Terms and Conditions of Sale must be considered as an integral and essential part of the contract concluded between THE SELLER and each of its Customers.
These Terms and Conditions of Use are systematically notified to the Client at the time of the creation of their personal account on the Site and of their order on the Site. Each Client must necessarily become acquainted with and accept them in order to validate their order on the Site. This acceptance involves checking the box corresponding to the acceptance statement of these Terms and Conditions of Use, such as, for example, "I have read and accept the Terms and Conditions of Use."I acknowledge having read and accepted all the general terms and conditions of sale published on the Website."Checking this box will be deemed to have the same value as a handwritten signature from the Client."
In the event of modification and/or adaptation of these General Conditions of Use and Sale (CGUV) by THE SELLER, only the version in force on the day of the Client's order on the Site will be validly applicable. The Client will be informed of any changes made to these conditions upon their subsequent connection to the Site, through a notification published on the Site.
The fact that THE SELLER does not take advantage of any of the provisions of these General Conditions of Sale and Use at any given time cannot be interpreted as a waiver to make use of them later.
The seller invites each customer to carefully read these General Conditions of Sale and Use, to print and/or save them on any durable medium, before proceeding with the order of any product on its website.
2. ACCESS AND AVAILABILITY OF THE SITE
The seller offers free access to their website, with the customer remaining responsible at all times for their computer equipment and internet connection, the costs of which are borne by the customer.
Access to the site can be achieved:
• from a computer or equivalent terminal with access to one or more telecommunication networks that provide Internet access and an Internet browsing software (such as Internet Explorer, Mozilla Firefox, etc.) ;
• a telephone terminal with access to a telecommunications network allowing access to the Internet (3G, 4G, Edge, WiFi, etc.).
THE SELLER makes its best efforts to keep the Site accessible at all times, subject to the necessary maintenance operations for the proper functioning of the Site or the servers on which it is hosted. In the event of an interruption for maintenance, THE SELLER cannot be held liable for any potential impact of this unavailability on the Client's activities.
The Customer is informed of the technical uncertainties inherent to the Internet and the access interruptions that may result. Consequently, THE SELLER cannot be held responsible for any possible unavailability or slowdowns of the Website.
The client is informed that the VENDOR's servers are hosted by the company O2switch, located at 222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand.
Any failure by the Client to fulfill the obligations incumbent upon them under these General Terms and Conditions of Use may result in the suspension or prohibition of the Client's access to the Site.
3. TERMS OF CONTRACT CONCLUSION
Product orders are made through the Website.
Having a personal user account is a necessary and mandatory prerequisite to proceed with ordering Products on the Site.
Creating a user account is done through the following mandatory fields: Last name, first name, address, email. The user account allows access to a personalized interface, to manage one's profile and orders. However, in the case of incorrect information, the customer may not receive emails or may encounter other difficulties in placing, tracking, or receiving their order.
The Client directly selects the Product(s) they wish to order on the Website. THE SELLER strives to provide visuals and descriptions that are as accurate as possible to the Products. However, since these visuals and illustrative texts are not contractual, the Client cannot hold the SELLER responsible in this regard.
The Client is required to provide certain information about themselves in order to validate their order. All orders must be duly completed and must contain information strictly necessary for the order. The Client is responsible for the truthfulness, accuracy, and relevance of the data provided.
The client can make changes, corrections, additions, or even cancel their order up until it is confirmed on the order summary page, before payment.
4. PRICE AND PAYMENT TERMS
4.1.Prix
Access to the Site as well as the presentation of the Products is free for the Customer. Only the order of one or more Products will be subject to payment by the latter.
The prices of the Products are listed on the Website in euros and include all taxes. The applicable prices are those valid on the day of the order on the Website by the Customer. The prices of delivered Products may vary according to the delivery location, with prices of Products destined for outside the European Union not being subject to VAT.
The prices of the Products and any additional costs related to the order are clearly and understandably indicated on the order summary.Before placing the order, the Customer is required to confirm this summary.
4.2.ModalitPayment methods
Prices will be charged based on the rates in effect at the time of the order. An invoice summarizing all the Products ordered by the Client along with their respective costs will always be sent to the latter.
The Client will pay the price directly on the Website, and must do so before any fulfillment by the SELLER, in accordance with the process provided for this purpose.
The seller uses two secure third-party payment systems, Stripe and PayPal .
Payment by the Client is a prerequisite for the validation of their order.
The failure to pay by the due date will automatically, without prior notice and as of right, result in the suspension or cancellation of the Client's order, without prejudice to any other course of action.
5. DELIVERY
The delivery fees related to his order are indicated to the Client before any payment of his order.
Unless otherwise indicated on the Site during the ordering process or in the description of the ordered Products, THE SELLER commits in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract.
The customer may refuse a package at the time of delivery if they notice an anomaly regarding the delivery (damage, product missing compared to the delivery note, damaged package, broken or damaged products, etc.).
If the Customer's package is returned by the Post Office or other postal service providers, THE SELLER will contact the Customer upon receipt of the returned package to ask what they would like to do with their order. If the Customer has mistakenly refused the package, they can request it to be resent by first paying the postage fees for the new shipment. Postage fees must be paid even for orders that had free shipping at the time of ordering.
Any delivery delay beyond the date or period indicated to the consumer client at the time of their order, or, if no date or period was indicated at the time of the order, exceeding thirty (30) days from the conclusion of the contract, may lead to the termination of the sale at the initiative of the Client, upon their written request by registered letter with acknowledgment of receipt, if after having instructed the SELLER to make the delivery he has not complied. The Client will then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, of all sums paid. This clause is not intended to apply if the delivery delay is due to force majeure.
6. RIGHT OF WITHDRAWAL
The consumer Client has a period of fourteen (14) calendar days from the delivery of the Products to exercise their right of withdrawal under the conditions provided for by the Consumer Code, without having to provide any reason or pay any penalties.
If he wishes to exercise his right of withdrawal, the consumer Client must inform the SELLER of his decision to withdraw from the contract by either:
• Through the form made available on the Site, and more specifically, on their personal customer account, and at the end of this document, in Appendix 1 ;
"OU" in French translates to "OR" in English.
• by presenting any other explicit and unambiguous statement to that effect (for example, a letter sent by registered mail with acknowledgment of receipt).
In any case, the Client must indicate a desire to withdraw that is clear and unambiguous.
In the event of a withdrawal made on the Website by submitting the withdrawal form online, the SELLER will send the Customer, without delay, an acknowledgment of receipt on a durable medium, to the email address provided at the time of the order.
The Customer bears the direct costs of returning the Products, unless the Customer's withdrawal results from an error in the Product sent, in which case THE SELLER will bear the return costs. The Customer is expressly informed that the concerned Product must be returned to THE SELLER in its original packaging, including the instructions provided and/or any possible accessories.
In the event that the Client exercises the right of withdrawal, all sums paid by the Client will be refunded by the SELLER within fourteen (14) days from the date on which they are informed of the Client's decision to withdraw. This refund may be deferred until the Products are recovered or until the consumer has provided proof of shipment of these Products. The refund will be made to the Client's bank account directly via the Site by bank transfer or by any other means agreed between the parties.
7. PRODUCT WARRANTY
When acting under the legal warranty of conformity, the consumer has a two-year period from the delivery of the goods to take action; they can choose between repair or replacement of the goods, subject to the cost conditions provided by Article L.217-9 of the Consumer Code; except for second-hand goods, they are exempt from proving the existence of the conformity defect in the goods during the 24 months following the delivery of the goods.
The legal warranty of conformity applies regardless of any commercial warranty that may have been granted.
The consumer may decide to implement the warranty against hidden defects of the sold item as per article 1641 of the Civil Code, unless the seller has stipulated that they will not be held liable under any warranty; in the event that this warranty is implemented, the buyer has the choice between the cancellation of the sale or a reduction in the sales price in accordance with article 1644 of the Civil Code. They have a period of two years from the discovery of the defect to act.
The deferral, suspension, or interruption of the statute of limitations cannot have the effect of extending the limitation period to more than twenty years from the day the right arose, in accordance with Article 2232 of the Civil Code.
All products purchased on the Site are covered by the following legal warranties, as provided by the Civil Code and the Consumer Code:
7.1.Garantie legal compliance
According to articles L.217-4 and subsequent ones of the Consumer Code, the seller is required to deliver a product that conforms to the contract concluded with the consumer client and to address any conformity defects existing at the time of the product’s delivery. The conformity warranty can be exercised if a defect should exist on the day the product is received.
However, when the defect appears within 24 months following this date, it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, "the Seller may contest this presumption if it is not compatible with the nature of the Product or the claimed lack of conformity." In this respect, Romain FABBRI may analyze the disputed Product to determine whether the defect existed or not on the day the Product was delivered to the Client. On the other hand, after this period of 24 months, it will be up to the Client to prove that the defect indeed existed at the time of acquiring the Product.
In accordance with Article L.217-9 of the Consumer Code: "in the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is clearly disproportionate to the other option, considering the value of the goods or the significance of the defect. In such cases, unless it is impossible, the seller must proceed using the option not chosen by the buyer."
7.2.Garantie legal action against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Client may request the exercise of the warranty against hidden defects if the defects were not apparent at the time of purchase, were pre-existing (and thus not a result of the normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or diminish its use to such an extent that the buyer would not have purchased the Product, or would not have purchased it at such a price had they known of the defect).
Claims and requests for refunds for a non-conforming product must be made by postal mail or email to the addresses indicated in the legal notices of the site. The customer will be refunded by bank transfer for the amount of their order. The costs of the refund procedure (including the return shipping costs of the product) will remain the responsibility of the SELLER.
8. RESPONSIBILITY
Each party assumes responsibility for the consequences resulting from its faults, errors, or omissions and causing direct damage to the other party.
8.1.ResponsabilitClient's side
The Client is solely responsible for the quality, accuracy, relevance, and correctness of the information they provide on the Site for the purpose of their order. The VENDOR cannot be held liable in this regard.
The Client is thus solely responsible towards the SELLER and, where applicable, third parties, for all damages, direct or indirect, of any nature whatsoever, caused by information or any other publication communicated, transmitted or disseminated on the occasion of the present, as well as for any failure on their part to comply with the provisions of this contract.
The Client is solely responsible for the choice of Products that they have ordered through the Site.
Every Client agrees not to use the Site in violation of any applicable laws, rules, and regulations.
8.2.ResponsabilitFrom the SELLER
THE SELLER implements all appropriate measures to ensure the provision to the Client of quality Products under optimal conditions. It assumes full responsibility for the Products it offers and sells to Clients through the Website and will handle any potential claims related to said Products alone.
The SELLER, however, cannot be held responsible for any damage that could be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure.
The seller ensures the proper functioning of the site but cannot guarantee that it is free from anomalies or errors and that it operates without interruption.
The seller cannot be held responsible for non-functioning, an inability to access, or malfunctions in the services of the client's internet service provider, or those of the internet network.
9. FORCE MAJEURE
"Force majeure" is defined as any event beyond the control of one of the parties and that could not be reasonably anticipated at the time of entering into these General Terms and Conditions of Use (CGUV). Such an event will be characterized as soon as the party, victim of such an event, is prevented from properly fulfilling its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.
Neither party shall be held responsible to the other for non-performance or delays in the performance of an obligation arising from these General Terms and Conditions of Use (CGUV) that are due to the actions of the other party following the occurrence of a force majeure event, as recognized and defined by French case law.
The case of force majeure suspends the obligations arising from these General Terms and Conditions of Use (CGUV) for the duration of its existence, and neither party may, during this period, validly claim the existence of such a case of force majeure as defined in Article 1218 of the Civil Code to justify the termination of their contractual relationship with the other party. However, if the case of force majeure lasts longer than thirty (30) consecutive days, it would entitle either party to terminate the CGUV by right, eight (8) days after sending a registered letter with acknowledgement of receipt notifying this decision.
10. INTELLECTUAL PROPERTY
The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the SELLER or, where applicable, of their respective holders from whom the SELLER has obtained the exploitation rights.
THE SELLER remains the holder of all intellectual property rights related to its registered trademark, as well as all intellectual property rights and copyrights pertaining to any other distinctive sign belonging to it.
Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, broadcasting and/or communication, in any form, whether commercial or not, of all or part of the brand and/or an original intellectual work or data contained on the Site is strictly prohibited. The Client is also prohibited from any action and any act that may directly or indirectly infringe on the intellectual property rights of the SELLER.
11. PERSONAL DATA PROTECTION
The Client is informed that the creation of their personal account on the Site as well as their order of Products on the Site result in the collection and automated processing of personal data concerning them by THE SELLER, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978, relating to Information Technology, Files and Liberties, as amended by Law No. 2016-1321 of October 7, 2016, and the European Regulation 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR").
The Seller provides the Client with a privacy policy on its website, detailing all information related to the use of the Client's personal data collected by the Seller and the rights the Client has concerning these personal data.
12. COOKIES
The seller uses "cookies" to obtain statistical processing and to improve the client's browsing experience.
THE SELLER installs a "cookie" on the Client's computer with their prior consent. The Client has the option to refuse cookies when visiting the Site. The duration of storage of this information on the Client's computer is 13 months.
The seller agrees to never disclose the contents of these "cookies" to third parties, except in the case of a legal requirement.
The Client may also object to the recording of "cookies" by configuring their browser software. To do this, the Client will proceed to configure their browser:
- For Internet Explorer:http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari:https://support.apple.com/fr-fr/ht1677
- For Google Chrome:https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox:https://support.mozilla.org/fr/kb/activer-desactiver-cookies
13. HYPERLINKS
The Site may include hyperlinks to other sites.
THE SELLER cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties that the Client may access through the Site. Furthermore, THE SELLER cannot therefore assume any responsibility for the content, advertisements, products, and services available on or from these sites, mobile applications, or external sources.
If, despite the efforts of the SELLER, any of the hyperlinks on the Site pointed to a site or an internet source whose content was or appeared to be non-compliant with the requirements of French law to a Customer, they agree to immediately contact the publication director of the Site, whose contact details are provided in the legal notices published on the Site, in order to communicate to them the address of the pages of the third-party site in question. The SELLER will then take the necessary steps to remove the concerned hyperlink.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
The present General Conditions of Use and Sale are governed by French law.
In the event of a dispute arising from these General Conditions of Use (or any of their clauses) and/or the relationships between the parties, the consumer Client may choose to bring the matter, in addition to one of the jurisdictions territorially competent under the Code of Civil Procedure, before the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the damaging event. The professional Client must bring the matter before the Court in the jurisdiction where the SELLER has its registered office.
According to Article L.612-1 of the Consumer Code, it is reminded that "every consumer has the right to use a consumer mediator free of charge in order to amicably resolve any dispute they may have with a professional. To this end, the professional guarantees the consumer effective access to a consumer mediation mechanism."."
In accordance with Order No. 2015-1033 of August 20, 2015, and its implementing Decree No. 2015-1382 of October 30, 2015, any dispute or consumer-related disagreement, subject to Article L.612-2 of the Consumer Code, may be amicably resolved through mediation with the following mediator: MEDIATEUR DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION.
To submit their dispute to the mediator, the Client can:
- (i) fill out the form on the mediator's website: https://www.devignymediation.fr/consommateurs.php ;or,
- (ii) send their request by regular or registered mail to MEDIATEUR DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION - 9, avenue René GASNIER, D01 - 49100 ANGERS, or,
- (iii) send an email to contact@devignymediation.fr.
It is reminded that mediation is not mandatory but only suggested in order to resolve disputes without resorting to legal action.
15.Service Client
The customer service for this Site can be reached by email at the following address: contact@six-pattes.com or by postal mail to the address indicated in the legal notices.
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