TERMS OF SALE
These General Terms and Conditions of Sale are current as of 01/01/2023
Article 1: Definitions
These General Conditions of Sale (hereinafter “GTC”) are offered by the company Seb’eau (hereinafter the “Company”), SASU with a capital of 2000 euros, registered in the Trade and Companies Register of Basse- Land under number 920649282, represented by Sébastien GIRIN, and whose registered office is at Chez mon Bureau – Locadress, 5, rue du Général de Gaulle, 8, building Le Colibri B.P. 1081, Marigot 97061 SAINT-MARTIN Cedex.
His phone number is 06 13 54 26 61, and his email address is email@example.com.
The Company offers the Customer (hereinafter the “Customer”) the possibility of (hereinafter the “Products/Services”).
Article 2: Application and opposability of the GCS
The purpose of these T&Cs is to define all the conditions under which the Company markets the Services and Products offered for sale. They therefore apply to any Purchase (hereinafter “Purchase”) of Services and Products made by the Customer.
The Customer declares to have read and accepted these T&Cs before purchasing.
The payment of the Purchase therefore constitutes acceptance of these T&Cs. These are regularly updated, the applicable GCS are those in force at the place of sale on the date of Purchase.
Any contrary condition set by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
The fact that the Company does not avail itself at a given time of any provision of these GCS cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of the said GCS.
Article 3: Price and terms of payment for the order
The prices are mentioned at the point of sale in the descriptions of the Services and Products, in euros, excluding tax and all taxes included.
The total amount is indicated including all taxes before the Customer accepts these GCS, and proceeds to the payment of his purchase. The Customer receives a receipt proving his Purchase. On request, an invoice can be given to him.
The Purchase of Services and Products is payable in euros. The full payment must be made when the Customer checks out, by credit card, check, bank transfer, except for special conditions of sale expressly accepted by the Customer and the Company.
In the event of payment by bank card, the Company uses the security system of Caisse d’Épargne, a service provider specializing in payment security. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer’s bank details are not stored electronically by the Company.
The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, during the Purchase.
The Company reserves the right to suspend or cancel any Purchase, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the payment of a Purchase. The Company remains the owner of the Product until full payment of the price of the Product.
Article 4: Use of services/delivery
The Product(s) can be delivered to any Caribbean island.
The Company undertakes to deliver the Product(s) within a period not exceeding 1 to 30 working days from the date of the Order.
The Customer is informed by email of the delivery date.
The Customer must ensure that the information provided is correct, and that it remains so until full delivery of the Product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and the delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of delay and/or delivery error, the Customer may in no case hold the Company liable in the event of non-delivery, and the Company’s customer service will contact the Customer for a second delivery. on client fee.
The Company will not be responsible either if the non-receipt of the Services and Products is due to the fact of a third party outside its intervention or in the event of theft.
In case of return of the Order due to the absence of the Customer, the Company’s customer service will contact the Customer for a second delivery at the Customer’s expense.
Article 5: Customer service
For any request for information, clarification or for any complaint, the Customer must first contact the Company’s customer service, in order to allow the latter to try to find a solution to the problem.
The Company’s customer service can be reached from 9:00 a.m. to 7:00 p.m. Monday through Saturday using the following contact details:
- Telephone: 06 13 54 26 61
- Email: firstname.lastname@example.org
- Adress: Chez mon Bureau – Locadress, 5, rue du Général de Gaulle, 8, building Le Colibri B.P. 1081, Marigot 97061 SAINT-MARTIN Cedex
Article 6: Legal guarantees
All the Products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
The non-compliant Product will be replaced or repaired according to the cost methods provided for by the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
Thus the Client:
- benefits from a period of two (2) years from the delivery of the Product to act in default of conformity of the Product and thirty (30) months from the delivery of the Product to obtain the repair of the Product on the basis of the legal guarantee of conformity
- is exempted from providing proof of the existence of the lack of conformity of the goods during the two (2) years following the delivery of the Product,
- can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code.
In addition, the Customer may also implement the legal guarantee against hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years of the discovery of the defect, to reimburse a Product which has proven to be unsuitable for its use.
The guarantee against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid, in accordance with article 1644 of the Civil Code.
The following legal provisions are recalled:
Article L217-3 of the Consumer Code: “The seller delivers goods that comply with the contract as well as with the criteria set out in article L. 217-5. He responds to defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from this. In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for the lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19. The seller also responds, during the same periods, for lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer’s action is the day of knowledge by the latter of the lack of conformity. »
Article L217-4 of the Consumer Code: “The good complies with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
In addition to the contract compliance criteria, the good is compliant if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Where
3° That the public declarations could not have influenced the purchase decision.
III. The consumer may not challenge conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when of the conclusion of the contract. »
Article L217-7 of the Consumer Code: “The defects of conformity which appear within twenty-four months from the delivery of the good, including the good comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or the defect invoked.
For second-hand goods, this period is set at twelve months.
When the contract for the sale of goods containing digital elements provides for the continuous supply of digital content or a digital service, the lack of conformity which appears at the time of delivery of the goods is presumed to exist:
1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of the supply;
2° During the period during which the digital content or the digital service is supplied under the contract, when the latter provides for this supply for a period of more than two years.
In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in price or to termination of the contract, under the conditions set out in this subsection.
The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has satisfied his obligations under this chapter, in the conditions of articles 1219 and 1220 of the civil code.
The provisions of this chapter are without prejudice to the allocation of damages. »
Article L217-9 of the Consumer Code: “The consumer is entitled to demand that the goods comply with the criteria set out in subsection 1 of this section. The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller. »
Article L217-10 of the Consumer Code: “The bringing into conformity of the good takes place within a reasonable period which cannot be more than thirty days following the consumer’s request and without major inconvenience for him, taking into account the nature of the good. and the intended use by the consumer. The repair or replacement of the non-conforming good includes, if applicable, the removal and return of this good and the installation of the repaired good or the replacement good by the seller. A decree specifies the procedures for bringing the property into conformity. »
Article L217-11 of the Consumer Code: “The bringing into conformity of the goods takes place at no cost to the consumer. The consumer is not required to pay for the normal use he has made of the replaced good during the period prior to its replacement. »
Article L217-12 of the Consumer Code: “The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:
1° The value that the good would have had there been no lack of conformity;
2° The importance of the lack of conformity; and
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.
Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is justified in writing or on a durable medium. »
Article L217-13 of the Consumer Code: “Any good repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months. As soon as the consumer chooses the repair but that it is not implemented by the seller, the bringing into conformity by the replacement of the good causes a new period of legal guarantee to run, for the benefit of the consumer. of conformity attached to the replaced good. This provision applies from the day on which the replacement good is delivered to the consumer. »
Article L217-14 of the Consumer Code: “The consumer is entitled to a reduction in the price of the goods or to the termination of the contract in the following cases:
1° When the professional refuses any compliance;
2° When the compliance occurs after a period of thirty days following the consumer’s request or if it causes him a major inconvenience;
3° If the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the installation of the repaired or replacement good or the related costs;
4° When the non-conformity of the good persists despite the seller’s attempt to bring it into conformity which has remained unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor, which it is the seller’s responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price. »
Article L217-15 of the Consumer Code: “In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the good. The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity. »
Article L217-16 of the Consumer Code: “In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.
If the lack of conformity relates only to certain goods delivered under the sales contract, the consumer has the right to rescind the contract for all the goods, even those not covered by this chapter, if can reasonably expect him to agree to keep only the conforming goods.
For the contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to rescind all the contracts relating thereto.
The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods comprising digital elements. »
Article L217-17 of the Consumer Code: “Reimbursement to the consumer of the sums owed by the seller under this subsection is made upon receipt of the goods or proof of its return by the consumer and at the latest in the following fourteen days. The seller reimburses these sums using the same means of payment as that used by the consumer when concluding the contract, except with the express agreement of the latter and in any case at no additional cost. »
Art. 1641 of the Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it acquired, or would have given only a lesser price, if he had known them. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for latent defects, even if he would not have known of them, unless, in this case, he has stipulated that he will not be bound by any warranty. »
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned to him. »
Art. 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he will only be bound to refund the price, and to reimburse the purchaser for the costs occasioned by the sale. »
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…)”
If a Customer considers that the Product purchased is defective or non-compliant, he must return to the place of Purchase from the time of purchase in order to be reimbursed or to exchange his Product. He may choose the same Product or another of the same value. If it is a Product worth less, he will be reimbursed the difference. On the other hand, if the new Product has a higher price, he must add the difference.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Customer must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, will replace the Product whose Company would have had to note the lack of conformity, or the defect.
In the event that the exchange of the Product is impossible, the Company will be required to reimburse the Customer. Reimbursement will be made on the proposal of the Company by crediting the Customer’s bank account, the Customer may opt for another method of reimbursement than that proposed.
Article 7: Obligations of the customer
The Customer agrees to comply with the terms of these T&Cs.
The Customer undertakes to use the Product and the services in accordance with the instructions of the Company.
If, for any reason, the Company considers that the Customer does not comply with these GCS, the Company may at any time, and at its sole discretion, refuse its access to the place of Sale and take all measures including any civil legal action and criminal against him.
Article 8: Right of withdrawal
As the Sale does not take place remotely, the customer will not benefit from any right of withdrawal once the sale has been made.
Article 9: Liability
The Company implements all appropriate measures to ensure the Customer the supply, under optimal conditions, of quality Product(s)/one or more quality service(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the Company were to be engaged, it could in no case agree to compensate the Client for consequential damages or whose existence and/or quantum would not be established by evidence.
The Company cannot be held responsible for damage caused by misuse of one of its Products / Services or by non-compliance with the precautions for use and hygiene, storage and safety conditions when using a of its Products/Services.
It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the e-mail for tracking shipment.
The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
Article 10: Intellectual property and personal data
The name and logos, designs and models, stylized letters, figurative marks, and all the signs represented are the exclusive property of the Company.
Any use by the Client of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express and prior agreement of the Company.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as “Informatique et Libertés”, and the general data protection regulations (RGPD) , subject to proving your identity, any Customer, regardless of nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his data and also has a right to data portability as well as a right of opposition to the processing of personal data concerning him.
For the purposes of applying this clause and, in particular, to ensure the confidentiality of Customer data, the Company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer. data protection, who can be contacted at the following address: email@example.com
In any case, any Customer has the right to make any complaint to the CNIL.
Article 11: Newsletter
By expressly giving his consent to this end, the Client accepts that the Company may send him, at a frequency and in a form determined by him, a newsletter (newsletter) which may contain information relating to his activity. He also agrees to receive commercial offers from the company for Products/services similar to those purchased.
Customers will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
Article 12: List of opposition to cold calling
The Customer has the possibility of registering free of charge on a list of opposition to BLOCTEL telephone canvassing (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom he has no contractual relationship in course, in accordance with the law n°2014-344 of March 17, 2014 relating to consumption.
Any consumer has the possibility of registering for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
Article 13: Applicable law and attribution of jurisdiction
These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the Service of the e-commerce Mediator CNPM – MEDIATION – CONSUMPTION. whose contact details are as follows: 27 Avenue de la Liberation, 42400 Saint-Chamond, France – https://www.cnpm-mediation-consommation.eu.
You can use the mediation service for consumer disputes related to an order made on the internet.
To find out how to refer to the Mediator: https://www.cnpm-mediation-consommation.eu/demande-de-mediation.php
Finally, it is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
The Customer can also go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec .europa.eu/odr/.
In the event of failure of this mediation procedure or if the Client wishes to take legal action, the rules of the Code of Civil Procedure will apply.