GENERAL CONDITIONS OF SALE
PREAMBLE
You are currently connected on one of the websites managed by TOPWINES. The purpose of this document is to inform you about TOP WINES and its general conditions of online sales (Contractual Conditions).
The Company's activity is the trading of wines and spirits.
In particular, the Company markets the above mentioned goods and/or services through the topwines.com website.
You must read carefully the following provisions, because they constitute an electronic contract establishing the general conditions of sale of the electronic store of TOP WINES.
The "Double-click" that you will execute after having filled your order form constitutes the validation of this one and will be worth irrevocable acceptance of these Contractual Conditions when your order will have been validated.
Consequently, you can only order products and/or services if you accept all the conditions set out below.
The Internet user, the Customer, (physical person having the capacity to contract) and TOP WINES, the Seller, are hereinafter referred to as "the parties", and individually "the party".
The Seller reserves the right to modify at any time the present general conditions of sale by publishing a new version on the Website.
The general terms and conditions of sale are those in force at the date of validation of the order.
The Parties agree that the photos of the goods on sale on the site www.topwines.fr have no contractual value.
COMPANY
Name: TOPWINES
Legal form: SARL
Capital: € 40 000
Siren : 312 975 493 (RCS LIBOURNE) Code APE 4634Z
Address: Top Wines, 81 Boulevard Pierre 1er 33110 Le Bouscat, France
Phone number: 05 57 56 40 40
Intracommunity VAT number: FR 53312975493 Rate: 20,00
Email address: gironde-et-gascogne@wanadoo.fr
DEFINITIONS
In this contract, each of the expressions mentioned below will be understood in the sense of its definition, namely:
- The Company": TOP WINES;
- Distance contract": any contract concerning the order of products and/or services concluded between the company (*) and a customer (*) within the framework of a system of sale or services at distance organized by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself;
- Client": any natural person who, in this contract, acts as a private individual or as a representative of a legal entity and who has the right to contract;
- Order form": document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by "double click" (*) to engage him;
- order": act by which the customer commits himself to buy products and/or services and the company (*) to deliver them and/or provide them to him;
- product" or "item": goods sold or services provided by the company;
- Good": any product offered for sale on the Site;
- double click": reiteration of the validation of the Order Form by the customer. An order form filled out and validated a first time is never taken into account without the customer's confirmation. This confirmation can be done by means of a checkbox accepting the Contractual Conditions, or by a message confirming the order;
- General Terms and Conditions of Sale": the general terms and conditions of sale that are the subject of this document;
- Delivery Time" means the period of time between the date of Order Validation and the date of Delivery of the Order to Customer;
- Delivery Charges" means the cost of the expenses incurred by Seller in delivering the Order to the delivery address specified by Customer;
- Delivery" means the dispatch of the Item to Customer;
- Delivery Method" means any standard or express delivery method available on the Site at the time of the Order;
- Price" means the unit value of a Good or Service; this value includes all taxes and excludes Delivery Charges;
- Total Price": the total amount of the cumulative Prices of the Goods and Services that are the subject of the Order; this amount includes all taxes;
- All-Inclusive Price" means the Total Price plus the price of Delivery Charges; this amount includes all taxes;
- Service": any service offered for sale on the Site;
- Site": the online sales site "topwines.fr" used by the Seller to market its Goods / Services;
- Territory": in the sense given to this term in Article 3;
- Order Validation": as defined in Article "ORDER AND PAYMENT";
- Online Sale": marketing of the Seller's Goods and Services via the Site.
References to Articles are references to the articles of this Agreement, unless otherwise provided.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
PURPOSE
This Agreement is an electronic distance selling contract which aims to define the rights and obligations of the parties in the context of the online sale of products offered by TOP WINES.
In this sense, it complies with the French regulations in force, namely:
- Law n° 2018-493, 20 June 2018 on the protection of personal data
- Ord. No. 2016-131, February 10, 2016 reforming the law of contracts, the general regime and evidence of obligations
- Ord. no. 2016-301, 14 March 2016 relating to the legislative part of the consumer code and D. no. 2016-884, 29 June 2016 relating to the regulatory part of the consumer code
- Ord. n° 2015-1033, 20 August 2015 relating to the out-of-court settlement of consumer disputes and D. n° 2015-1382, 30 Oct. 2015 relating to the mediation of consumer disputes
- D. n° 2014-1061, Sept. 17, 2014 on pre-contractual and contractual information obligations for consumers and the right of withdrawal
- Law 2004-575 known as the Law for confidence in the digital economy.
- Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers.
- Recommendation n°07-02 of the Commission des clauses abusives, relating to contracts for the sale of movable property concluded via the Internet.
It also complies with the OECD recommendations in the field of electronic commerce.
FIELD OF APPLICATION
The present General Terms and Conditions of Sale are reserved for consumers only, as defined by law and jurisprudence, acting exclusively on their own behalf.
In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics and prices of the Goods and Services sold electronically are available on the Site.
The professional also communicates to the consumer the information relating to his identity, his postal, telephone and electronic contact details and his activities, as well as, where applicable, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms and conditions of implementation of guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.
In addition, the Customer receives the information provided for in Articles L. 122-1 and L. 221-11 of the Consumer Code, prior to and after the conclusion of the sale, and in particular by means of the present General Terms and Conditions of Sale.
The Customer hereby declares that he/she has read and understood these General Terms and Conditions of Sale prior to the Order Validation. The Validation of the Order therefore implies acceptance without restriction or reservation of these Terms and Conditions of Sale. These General Terms and Conditions of Sale apply to all Orders placed for delivery within Metropolitan France, including Corsica (the "Territory").
Our company attaches particular importance to the protection of minors in the context of its online commercial activity. Although minors can act alone in cases where the law or usage authorizes them to act alone (art. 388-1-1 and 1148 of the Civil Code), and this in particular for purchases of low value, it seems essential to us to try by any means to verify that the customer has the power to contract.
For this purpose, it is possible that we ask any customer placing an order on our site to justify his capacity to contract, this in the respect of the obligations related to the modified Law 78-17.
In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of this person to rescind (cancel) the sale under Article 1149 of the Civil Code.
PRODUCTS
The products offered by TOP WINES are presented on the sites in French language. Any national of the European Community and of the countries respecting the directive 95/46/CE cannot assert his linguistic ignorance as clause of cancellation of the contract.
The products proposed in direct sale by TOP WINES are those which appear on the site www.topwines.fr, at the day of the consultation of the aforementioned site by the Internet user, and within the limit of available stocks.
The illustrations presented on the site are the reflection of the products on sale on this one, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colors of the screen of the Internet user ....).
Due to the specificity of the Internet network, the company does not guarantee on its site the availability of all products in real time. In the event of temporary or permanent unavailability of one of the products, the company will inform the Internet users by the means of its site or the sending of an email to a valid email address provided by the customer. The company will then propose to you the replacement of the ordered product by an equivalent product (quality and price), or a credit note, or to exercise your right of resolution (cancellation of your order).
IMPORTANT
In accordance with the article L3323-4 of the Public Health Code, the products presented on our site do not present any other information than their degree of alcohol, their origin, their name, their composition, the names and addresses of the manufacturers, as well as their mode of elaboration and consumption. In addition, references relating to the terroirs of production and the distinctions obtained may be presented. It may also include objective references relating to the color and olfactory and gustatory characteristics of the product.
In no case, the consumption advice, the opinions relating to the products, the objective and subjective appreciations of these, will be able to be assimilated to "incitement to the consumption of alcoholic beverages", and to give place to any pursuit that it is against the TOP WINES company.
We also remind you that the consumption of alcoholic beverages is not recommended for pregnant women and for those who are breastfeeding.
PRICE
The prices of the products can be modified at any time by the company, except for any sale of a product concluded for the price displayed on www.topwines.fr. The period of validity of the offers and prices is determined by the updating of the Site.
In the event of an obvious typographical error, leading to the display of a "low price", the sale may be cancelled, as mentioned in the article "Execution of the order".
The prices mentioned are in Euros (€) and include all taxes in force on the day of the order as well as the expenses related to the treatment of this one.
Telecommunication costs inherent to accessing the Site remain the exclusive responsibility of the Customer.
Delivery charges are at the expense of the Customer, unless otherwise stipulated during the ordering process. The different delivery options (with their prices) are presented during the order process and specified during the summary of the order.
ORDER AND PAYMENT
Any order form signed by the Customer by "double click" constitutes an irrevocable acceptance which can be called into question only in the cases restrictively provided for in the present contract in the articles "Right of withdrawal" and "Execution of the order". Any agreement of a quotation sent by e-mail to the customer, and returned to TOP WINES with an explicit agreement also constitutes an irrevocable acceptance.
In order to carry out the Order, the Customer will have to follow the following steps:
1. Enter the address of the website www.topwines.fr;
2. Follow the instructions on the Site and, in particular, the instructions required to open a customer account. This identification is done in strict compliance with the French Data Protection Act 78-17, as amended, as indicated in our "Data Protection" section;
3. Fill in the order form;
4. 4. Verify the elements of the Order and, if necessary, identify and correct any errors;
5. Confirm the Order, the Total Price and the All-Inclusive Price (the "Order Confirmation"). This confirmation shall be deemed to be the conclusion of the contract.
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.
7. The Customer will then receive electronic confirmation of acceptance of payment for the Order without undue delay.
8. Customer shall also receive electronically and without undue delay a confirmation of receipt of the Order (the "Order Confirmation").
This acknowledgement of receipt shall be sent no later than the end of the cooling-off period and shall be subject to the Client providing a valid e-mail address that is not subject to any restrictions on use (e.g. a business e-mail address). In this case, the Company shall not be held responsible for sending contractual and/or advertising information to an e-mail address with restricted access.
If the only method of payment is payment by credit card, the final validation of the order occurs upon full payment (unless otherwise specified) of it.
9. Delivery will take place at the delivery address indicated by the Customer during the Order.
In carrying out the various stages of the Order referred to above, the Customer undertakes to comply with these terms and conditions of contract in accordance with Article 1366 of the French Civil Code.
The Seller undertakes to fulfil the Order only to the extent that the Goods are available. If the Goods are not available, the Seller shall inform the Customer accordingly.
However, in accordance with Article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, if there is a dispute with the Customer concerning the payment of a previous order.
METHOD OF PAYMENT
To pay for his order, the Customer has at his choice, all the payment methods referred to in the ordering process and presented on the site of the company, namely: Mention payment methods (Blue cards, Visa, Mastercard, check, Paypal, bank transfer). He guarantees the company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order.
In the case of a payment by credit card, he will have to transmit his credit card number, according to the type of this last one, the expiration date of this one as well as the cryptogram number (3 digits number appearing on the back of the credit card).
TOP WINES guarantees that the payment is secured by S.S.L. encryption (Secure Socket Layer) in order to protect all the data related to the means of payment as efficiently as possible. The company guarantees that the encryption means and services used to secure the transactions have been authorized or declared according to the legislation in force.
In case of fraudulent operation or bad execution of the payment operation, TOP WINES invites you to communicate it to the competent body under the article L133-23 of the Monetary and Financial Code.
In the case of a payment by the PAYPAL service, and at the time of the redirection towards their site, you will have to inform the fields concerning your Bank card like for any traditional payment on Internet. The payment is also secured by S.S.L. encryption. In the case of an article return, the refund will be made as a credit on the PAYPAL account used during the order.
In the case of a payment by check, the Company kindly asks you to redirect you to the link provided on the site during the order. For this method of payment, the shipment of the order will be carried out only after cashing the check.
Terms of delivery
DELIVERY
Mode of delivery
We inform you that we use a delivery service perfectly adapted to the routing of cases of wine through a specialized carrier.
Amount of the delivery charges
The amount of the delivery charges depends on the number of bottles ordered by the customer.
The delivery charges are 15.00 € TTC for any order of less than 36 bottles.
The delivery charges are free for any order of 36 bottles or more.
We invite you to group your orders with your acquaintances/friends in order to reduce these delivery costs.
In any case, the amount of the delivery charges is indicated before the validation of the order.
The delivery costs mentioned above are valid only for Metropolitan France excluding Corsica.
For any delivery in Corsica, we kindly ask you to contact us directly via our contact form.
Delivery address
To date, orders outside of France are not available on our online store.
Any order on our online store with a delivery address outside of France will be refused.
Furthermore, the customer is solely responsible for any delivery failure due to an error or lack of information when ordering.
We advise you to indicate a telephone number so that the carrier can reach you, in order to facilitate the delivery.
Delivery times
The company guarantees that the deliveries will be made according to the conditions guaranteed by the carriers (except in the case of force majeure as defined by jurisprudence), and indicated on the site www.gironderamagebelcier.com, or during the ordering process.
The delivery time is 8 working days from the confirmation of the order by the Company and corresponds to the average time of preparation and routing of the Order.
Delivery times in Corsica may be longer than 8 days.
Delivery times run from the date of confirmation of the order by us.
If you have a requirement, please indicate when you place your order the date by which the order must reach you.
We will do our best to meet your request. However, if we are unable to meet this deadline, we will contact you before your order is shipped.
Delay in delivery
In case of late delivery, the order is not cancelled.
If we are aware of it, we will inform the customer by e-mail that the delivery will be delayed.
Otherwise, in case of a delay in delivery, please inform the company by contacting the customer service or by sending an e-mail to contact@gironderamagebelcier.com.
If the delay in delivery is more than 8 working days from the scheduled delivery date, the Customer may decide to cancel the order under the conditions indicated in the article "Right of cancellation".
Follow-up of the delivery
The Customer can follow the progress of the order processing in the space reserved for this purpose on the site.
Verification of the order upon arrival
Incomplete or non-conforming delivery (due to the carrier)
The Customer is required to check the condition of the packaging and the bottles upon delivery.
It is the customer's responsibility to make any reservations and claims he/she deems necessary on the carrier's delivery slip, or even to refuse the package, when the package is obviously damaged or incomplete upon delivery. The said reservations and claims must also be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the goods.
The Customer must also send a copy of this letter to the Seller together with a "spoliation report". Failure to file a claim within the aforementioned time period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Company cannot be held responsible for any incomplete or damaged package when the Customer takes physical possession of the package upon delivery by the carrier.
The Customer must ensure that the Goods delivered to him/her correspond to the Order. In the event of non-conformity of the Goods in the Delivery note, the Customer must inform us by e-mail at contact@topwines.fr and return the Goods to the address indicated within fourteen days of receipt of the return of the complete package and in its original condition.
Incomplete or non-compliant delivery (due to the company)
Despite the care taken in the preparation of orders, it is possible that a product is missing in it, or that an error has occurred during the preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 72 working hours after receipt of the order. This report can be made by email to contact@topwines.fr or by phone.
Lost parcel
In the event that a package is lost by one of our carriers, please inform us as soon as possible.
The company will make an investigation with the concerned services.
Other section
RIGHT OF RETRACTION
In accordance with article L 221-18 of the French Consumer Code, the customer has a period of fourteen (14) calendar days to exercise his right of withdrawal for products that can benefit from it (for more information, click here). This period runs from the day after the customer receives the order. If this period expires on a Saturday, a Sunday or a holiday, it is extended to the next working day.
In order to facilitate the processing of the return, the customer may contact the company by e-mail in order to obtain a return number before reshipping. This condition does not cancel the right of withdrawal.
The Client shall return the Goods to the address indicated by the Company within a reasonable period of time and, at the latest, within fourteen days following the notification of withdrawal by the Client.
The Company shall refund the Customer for all sums paid at the time of the order within a maximum period of fourteen days or until the Goods are recovered if the Customer exceeds the legal deadline for their return.
The customer will be responsible for all return shipping costs. The products must be returned complete, in a condition suitable for remarketing. It is also recommended that the products be returned in their original packaging, in a way that guarantees the same shipping conditions as those defined when the products were initially shipped.
RIGHT OF RESCISSION
In accordance with Article L. 111-1 of the Consumer Code, we will indicate to you at the time of your order the maximum date of delivery of this one.
In the event of a delay in delivery (except in the case of force majeure as defined by the Law) and in the event of failure to comply with a reasonable additional period of 8 days, you will have the right to cancel your order by registered letter with acknowledgement of receipt within 60 days of the initial delivery date.
The contract shall be deemed terminated upon receipt by the Company of the letter or writing informing it of such termination, unless the Company has performed in the meantime
In this case, we will reimburse you for the totality of the sums paid (excluding any return costs), and this within a maximum of fourteen days following receipt of your letter.
If you wish to exercise your right of withdrawal in the case of unavailability of the ordered products, the conditions of exercise of this one, as well as the methods of refunding are identical to those defined above.
In the event that the order has not yet been shipped upon receipt of the Customer's cancellation notice, delivery is blocked and the Customer is reimbursed for any sums debited within thirty days of receipt of the cancellation notice.
If the order has already been shipped when the Customer's cancellation notice is received, the Customer can still cancel the order by refusing the package. We will then proceed to the reimbursement of the sums debited and the possible return costs paid by the Customer within thirty days following the reception of the return of the package refused complete and in its original state.
EXECUTION OF THE ORDER
The company reserves the right to refuse the order for a "legitimate reason" (as defined by the jurisprudence), and in particular (without this list being restrictive) in case of unavailability of the product, impossibility of carrying out the service, abusive request of the customer, presumption of impossibility for the customer to contract or obvious intention for the customer to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a "low price" at the time of the order placed by the customer. In the event of a difference in interpretation between "low price" and "low price", concerning the price displayed on the website at the time of the customer's order, the customer may request the intervention of a third party, as provided for in the article "Applicable law".
The order will be executed at the latest within a period not exceeding 7 days from the expected date of delivery of the product or service mentioned at the time of the order, subject to the acceptance of the order by the company.
For the deadlines concerning the various types of services (personalization...), please contact us.
An invoice will be automatically sent to the customer when the order is placed. This one will be sent to the e-mail address indicated by the customer at the time of his order, except contrary indication of his share.
WARRANTY
Contractual guarantee
The Customer benefits from a contractual guarantee on the products supplied by the company. This guarantee is displayed on www.topwines.fr and its duration varies according to the category of the ordered products.
Additional warranty services may be offered depending on the products ordered. Their scope and pricing will be specified during the ordering process.
Legal guarantee
In accordance with articles L 211-4 and following of the Consumer Code, as well as articles 1641 and 1648 of the Civil Code, the Internet user also benefits from a guarantee allowing him to return defective products delivered
- Article L211-4 of the Consumer Code
"The seller is obliged to deliver a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
- Article L211-5 Consumer Code:
"To be in conformity with the contract, the good must:
1º Be fit for the purpose usually expected of similar goods and, where appropriate :
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
- Article L211-12 code de la consommation
"The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
- Article 1641 civil code
"The seller is bound by the warranty for latent defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known about them.
- Article 1648 paragraph 1 civil code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The foregoing provisions are not exclusive of the application of the legal guarantee of hidden defects of articles 1641 and following of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code.
The Customer may exercise these guarantees by sending a request to
SARL Top Wines, 81 Boulevard Pierre 1er 33110 Le Bouscat, France.
When the Buyer acts in legal guarantee of conformity, he :
- will have a period of two years from the date of delivery of the goods to act;
- will be able to choose between repair or replacement of the good subject to the conditions of cost envisaged by article L. 217-9 of the Code of consumption;
- will be exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good.
The guarantee of conformity will apply independently of the commercial guarantee granted.
The Buyer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
RESPONSIBILITY
TOP WINES is responsible for the good execution of the obligations resulting from the contract concluded at a distance, whether these obligations are to be executed by itself or by subcontractors, without prejudice to its right of recourse against them.
TOP WINES cannot be held responsible for the non-performance of the contract concluded, following the occurrence of an event of force majeure (as defined by the Law) and in particular in case of total or partial strike of the postal services, carriers, and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of the said contract, due to the unforeseeable and insurmountable fact of a third party unrelated to the provision of the planned services. Regarding the products purchased to satisfy the professional needs, TOP WINES will not incur any liability for any indirect damage due to the present, operating loss, loss of profit, damage or expenses, which could occur.
The choice and the purchase of a product or a service are placed under the unique responsibility of the customer. The total or partial impossibility to use the products in particular because of incompatibility of the material cannot give place to any compensation, refunding or questioning of the responsibility of TOP WINES, except in the case of a proven hidden defect, of nonconformity, of defectiveness or of exercise of the right of retraction.
PERSONAL INFORMATION
The information which is requested from the Customer is necessary to the treatment of its order and could be communicated to the contractual partners of the company (accountants, lawyers....). It may also be transmitted to any competent authority for the settlement of disputes between the company and one of its customers.
The customer can consult in our heading "data protection", the characteristics of the treatments of personal data used via the site www.topwines.fr.
The customer can also exercise his rights of access, rectification, opposition according to the modalities mentioned in the headings "Data Protection" and "legal mentions" of the company.
"DOUBLE-CLICK" AND PROOF
The "double click" associated with the authentication and non-repudiation procedure of the customer when ordering and the acceptance of these Contractual Conditions is worth validation of the order and conclusion of the contract, in accordance with the provisions of Article 1367 of the Civil Code.
The computerized registers, kept on the servers of the company as well as on the servers of its banking establishments, will be considered as rebuttable presumptions of the communications, orders and payments made between the parties.
Under no circumstances will the company record telephone conversations between a member of the company and one of its customers or prospects. In the case of a subcontracting of their customer service, the company undertakes to prohibit their partner in charge of the implementation of this service, such recording, including in the framework of a "service improvement".
CONSERVATION AND ARCHIVING OF DOCUMENTS
The archiving of transaction data is carried out on a reliable and durable medium.
It is therefore carried out in accordance with the AFNOR Z 42-013 standard (now ISO 14641-1) on the design and operation of computer systems to ensure the preservation and integrity of records stored in these systems.
ENTIRETY OF THE CONTRACT
These terms and conditions express the entirety of the obligations of the parties.
No general or specific condition communicated by the Client may be incorporated into these general conditions, except in the event of a prior agreement between the parties prior to the conclusion of the contract.
The fact that the Company does not avail itself of a breach by the Client of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.
If any provision of this Agreement is invalidated, such invalidity shall not invalidate the other provisions of the Agreement, which shall remain in force between the Parties.
The Company reserves the right to adapt or modify these Contractual Conditions at any time. In the event of modification, the Contractual Conditions in force on the day of the order shall be applied to each order, unless otherwise agreed in writing and signed by the Parties. The company will also keep on its servers all time-stamped versions of the Contractual Conditions.
RESERVATION OF OWNERSHIP
The products delivered to the customer remain the property of the company as long as the contract has not been executed in full. On the other hand, the transfer of risks takes effect as of the effective delivery of the products and/or services ordered on the electronic store.
The documents provided to the customer are governed by the Intellectual Property Code. They remain the property of the company. It is therefore forbidden to reproduce, transfer, or exploit the documents provided without the consent of the company.
INDEPENDENCE OF THE PARTIES
Neither party may make any commitment in the name and/or on behalf of the other party. Furthermore, each of the Parties remains solely responsible for its allegations, commitments, services, products and personnel.
CLAIMS AND AMICABLE SETTLEMENT OF DISPUTES
Pursuant to Article L. 612-1 of the Consumer Code "Any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable settlement of the dispute between him/her and a professional. "
The disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
This search for an amicable solution does not interrupt the time limits for taking legal action.
For any difficulty, we invite you to contact us beforehand.
Only complaints relating to the Online Sale of Articles will be taken into account.
In the year which will follow your request to our services, in application of the article R. 616-1 of the Code of the consumption, you will be able to make examine your request by a mediator.
You may, at your own expense, be assisted by a counsel.
APPLICABLE LAW
This contract is subject to French law, in accordance with European directives.
In accordance with the provisions of Articles 46 to 48 of the New Code of Civil Procedure, any dispute arising from the formation, interpretation or performance of this Contract will be under the exclusive jurisdiction of the French courts, unless otherwise provided by public order.