GENERAL TERMS AND CONDITIONS OF SALE – CONSUMER, PROFESSIONAL AND NON-PROFESSIONAL CUSTOMERS
ARTICLE 1 – Designation of the Vendor – Scope of application – Definitions
The present General Sales Conditions apply, without restriction or reserve, to all sales concluded by CZE FRANCE, a limited liability company with a capital of 5.000 EUROS, headquartered at 23 CHEMIN DE LA NASQUE – 31770 COLOMIERS, registered with the Toulouse Trade and Companies Register under number 824 356 513, to consumers, non-professional and professional buyers over 18 years of age and with full legal capacity (hereinafter referred to as “the Customer(s)”), wishing to purchase mechanical equipment (hereinafter referred to as the “Products”) offered for sale by CZE FRANCE, (hereinafter referred to as the “Seller”) on its website (hereinafter referred to as the “Site”) or directly in store.
We understand by :
- Consumer: any natural person acting for purposes that are not part of his or her commercial, industrial, craft, liberal or agricultural activity;
- Non-professional: any legal entity not acting for professional purposes;
- Professional: any natural or legal person, public or private, acting for purposes relating to his or her commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
When the Customer is a professional, these General Terms and Conditions of Sale constitute the sole basis of the commercial relationship between the parties, in accordance with article L 441-1 of the French Commercial Code.
In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to all professional customers who request them, to enable them to place an order with the Vendor. They are also communicated, within the legal deadlines, to any Customer prior to the conclusion of a single agreement referred to in articles L 441-3 et seq. of the French Commercial Code.
They apply, without restriction or reservation, to all Products supplied by the Vendor to Customers in the same category, whatever clauses may appear in the documents of professional Customers, and in particular their general conditions of purchase.
All orders and direct purchases of Products imply acceptance by the Customer of these General Terms and Conditions of Sale. The information contained in the Seller’s catalogs, prospectuses and price lists is given for information only and may be revised at any time. The Vendor is entitled to make any changes it deems necessary.
ARTICLE 2 – Ordering on the Site – Terms and Conditions
It is specified that the products and services presented on the Site can be purchased online when the “Add to basket” button is present on the product sheet.
It is up to the Customer to select on the Site the Product(s) he wishes to order, according to the following procedures:
2.1 In order to place an order on the Site, the Customer selects the Product(s) for which he wishes to consult the corresponding description sheet.
After selecting the Product(s), choosing the desired quantities, inserting them in the “Shopping Cart” and validating the “Shopping Cart”, the Customer will be directed to a form page where he/she will be asked to provide all the information required to open his/her account, if this is a first order, or to provide his/her login and password if he/she already has an account.
The information required to open an account is: title, first and last name, billing address, telephone number, a valid e-mail address which will later become the Customer’s login, a strictly personal password of at least six (6) characters and, optionally, the Customer’s Le Vendeur customer card number. The customer will also indicate whether or not he/she wishes to receive commercial offers from the Vendor and/or its partners.
On each visit, when accessing personal information in the “My Account” area, or when placing a new order, the Customer will have been previously identified by his/her login and password.
For certain categories of Products and/or Services, the Customer may be asked to provide information about his/her vehicle in order to display products adapted to his/her vehicle (e.g. vehicle model, etc.).
After completing the electronic account creation form for a first order, or entering the Customer’s login details, the Customer may return to the Shopping Cart at any time, delete or add products, then choose from the various delivery methods and enter a delivery address different from the billing address, if applicable.
The Customer is required to provide all the information necessary for delivery: title, surname, first name, address, access code, floor, building number and other necessary information, in particular a telephone number where the Customer can be reached during the day in the event of an appointment. The Customer must complete all mandatory fields specified on the electronic form.
- At this stage, the order is the subject of a summary which can be consulted at any time and which includes all the following elements: Product(s) and/or Service(s), quantities, unit price, any discounts, delivery method, total amount of the order including delivery charges depending on the delivery method chosen.
The Customer may return to, complete, modify or cancel his order until it has been validated. The customer validates his order by clicking on “Validate my basket”.
The customer chooses the delivery address or pick-up address and confirms his choice by clicking on “Confirm my delivery address”.
The customer chooses the method of payment and validates his choice by clicking on “Before validating my order, I acknowledge that I have an obligation to pay and I have read and accepted the general terms and conditions of sale and the general terms and conditions of repair”.
- After ticking the box above, the Customer will be taken to the payment interface.
Once the Customer has validated his/her Shopping Cart, delivery method and payment, the order may no longer be modified or cancelled by the Customer, except with the express agreement of the Vendor.
- The sale will be considered final only after :
- The Company will send the Customer confirmation of the order registration by e-mail within a maximum of twenty-four (24) hours from the time the order is registered. If the order confirmation e-mail is not received within the time limit indicated, it is the Customer’s responsibility to contact the Site, as it is possible that the order could not be registered for technical reasons.
- and receipt by the Vendor of the full amount of the order.
The registration of the order will include the nature and quantities ordered, the unit price of each product and/or service, the price inclusive of all taxes (TTC) of the order and shipping costs (including handling, packaging and transport).
The terms and conditions for exercising the right of withdrawal, if concerned by the order, and the standard withdrawal form, and where applicable the fact that the consumer bears the cost of returning the goods in the event of withdrawal and the cost of returning goods that cannot normally be returned by post, and finally the information that the exercise of the right of withdrawal obliges the consumer to pay costs when he has expressly wished to begin performance of the service. This price is the one invoiced to the Customer, expressed in euros, all taxes included.
The information recorded by LE VENDEUR’s computer system is considered as proof of the order (content and date) by the Customer.
- Some orders may be subject to additional requests before validation by the Seller.
In this case, the Customer is informed of the supporting documents to be sent by email, post or fax to the Company in order to obtain final validation of the order.
The Vendor reserves the right to cancel the order in the event of non-receipt of the requested documents within a reasonable period of time, or in the event of receipt of non-compliant documents.
The Vendor undertakes to inform the Customer by any means at its convenience, in particular in the event of product supply problems, abnormal orders, foreseeable difficulties, product unavailability, payment incidents or non-receipt of supporting documents.
The Customer’s order will not be considered accepted until it has been validated by the Seller.
ARTICLE 3 – Price list
The Products are supplied at the prices in force on the Site on the day the order is placed by the Vendor.
Prices are given in euros, net and inclusive of all taxes. Prices do not include shipping, transport and delivery costs, which are indicated to the Customer in advance and invoiced in addition depending on the option chosen by the Customer.
The Vendor reserves the right to modify its prices at any time by simple modification of the website :
Delivery charges are added to the price of the goods ordered. The amount is determined by the number, weight and dimensions of the Product(s) and by the delivery method and location chosen by the Customer.
The eco-participation for the recycling of certain Products is clearly indicated in the order summary. This eco-participation is, depending on the case and in accordance with the regulations in force, already included in the price of the Product or is added to the price of the Product.
ARTICLE 4 – Rules
The price is payable in cash, in full, on the day the order is placed by the Customer in accordance with the following terms and conditions:
- payment by credit card (CB, VISA, MASTERCARD, AMERICAN EXPRESS)
- payment via Paypal: by choosing to pay via Paypal, the Customer will automatically be directed to his/her Paypal account.
- Bank transfer
- Bank cheque
ARTICLE 5 – Delivery
For customers who are consumers or non-professionals, in accordance with the provisions of article L 216-4 of the French Consumer Code, delivery of the Products is accompanied by the handing over of the instructions for use, the installation instructions and a written document mentioning the possibility of expressing reservations.
Products purchased immediately can be taken away immediately by the Customer from the Seller’s store.
5.1 – Terms and conditions
The amount of shipping costs is indicated in the Shopping Cart, the order summary is on the invoice.
The Products ordered by the Customer will be delivered in France, in the European Union but also for export, outside the European Union.
Products will be delivered within the time indicated in the order summary according to the delivery option chosen, to the address indicated by the Customer when ordering on the Site or directly to the store when ordering, if the Customer has chosen this option.
The delivery times indicated in the order basket are the usual average times corresponding to delivery times and shipping processing times.
Deliveries abroad may take longer than those announced on the Site. These additional lead times are linked to the specific nature of the deliveries.
5.2 – Home delivery
At the time of ordering, the Customer undertakes to provide all the information required for delivery in order to guarantee its proper execution, and in particular a telephone number where the carrier can reach the Customer during the day.
Upon delivery, the Customer must be able to show proof of identity if requested.
If the Customer opts for home delivery and is absent on the day of delivery, the carrier will leave a calling card. The Customer shall comply with the carrier’s instructions after the first delivery notice, in order to organize with the carrier the receipt or collection of the products.
In the event of failure to receive the products or to collect the Products from the carrier agency within a period of time communicated by the carrier and following its first notice of passage, the products will automatically be returned to the Company.
In the event of difficulties encountered with the carrier, the Customer must, within the same timeframe, inform the Company by e-mail.
The Customer must check the condition of the Products delivered and ensure that they conform to the order.
In the event of a problem (broken parcel, missing products, etc.), the customer must record all reservations corresponding to the observations made on the delivery note, have the carrier sign it and keep a copy of the document.
Any reservations must be notified to the carrier and to the Seller by registered letter with acknowledgement of receipt within three (3) days of receipt of the product. In the event of damage, the customer must refuse the damaged product to the carrier and indicate “refusal for damage” on the delivery slip, failing which any recourse against the carrier will be impossible.
Once this period of three (3) days has elapsed, and if these formalities have not been complied with, the Products will be deemed not to have been damaged, nor to have any anomaly(ies) linked to transport, and no claim will be validly accepted by the Company.
By signing the delivery receipt without expressing any specific reservations, and accepting the products, the Customer acknowledges that he has received the goods without any damage or anomaly(ies) linked to transport, in a condition which gives him complete satisfaction.
In the event of delivery that does not conform to the order in terms of quality or quantity, the Customer must inform the Vendor, indicating the order reference, by calling our telephone advisors on 05.31.60.51.61 from Monday to Friday, 09:00 to 12:00 and 14:00 to 18:00 (free service and calls), or by sending an e-mail to firstname.lastname@example.org
5.3 – Late delivery
If the Products ordered by a consumer or non-professional Customer have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure, the Customer may notify the Vendor, under the conditions provided for in Art. L 216-6 of the French Consumer Code :
- or the suspension of payment of all or part of the price until the Seller performs, under the conditions of articles 1219 and 1220 of the French Civil Code;
- or the cancellation of the sale, after having given the Vendor formal notice to perform within a reasonable additional period which has not been respected by the Vendor.
Cancellation may be immediate if the Vendor refuses to perform, or if it is clear that he will not be able to deliver the Products, or if the delay in delivery was an essential condition of the sale for the Customer.
In the event of cancellation of the sale, any sums paid by the Customer will be refunded within fourteen days of the date of cancellation of the contract, without prejudice to the right of the Customer to claim damages.
The professional customer may only request the cancellation of the contract for the sale of Products in the event of a delay of more than 45 days. The Service Provider may not be held liable in the event of delay or suspension of the supply of Products attributable to the Customer, or in the event of force majeure.
Deliveries are made by an independent carrier to the address given by the Customer at the time of the order or immediate purchase, and to which the carrier has easy access.
The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods.
The Customer must check the condition of the Products delivered.
The customer has a period of 7 days from delivery to express any reservations or complaints by registered letter with acknowledgement of receipt in the event of a defect or apparent defect in the Products delivered (for example: damaged package, already opened, etc.), as well as in the event of failure to provide the user manual or installation instructions with all the relevant supporting documents (in particular photos).
Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be free of any apparent defect.
It is reminded that the absence of reservations formulated by the Customer at the time of delivery of the Products does not exonerate the Vendor from the guarantee of conformity, as described below.
ARTICLE 6 – Transfer of ownership – Transfer of risk
The transfer of ownership of the Vendor’s Products to the Customer, whether in the case of an immediate purchase or an order, will only take place after full payment of the price by the Customer, regardless of the date of delivery of the Products.
Except where the Customer uses a carrier of his own choosing, independent of the Vendor, in which case the transfer of risks takes place at the time of delivery of the Products ordered by the Vendor to the carrier chosen by the Customer, whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, which therefore travel at the Vendor’s risk.
ARTICLE 7 – Right of withdrawal – Consumer or non-professional customer
The Customer has a cooling-off period of fifteen (15) calendar days from delivery of the products to exercise his right to cancel all or part of the order.
The customer then has a period of 14 days following communication of his decision to withdraw, to return the goods to the Company for reimbursement, without having to justify his decision or pay any penalties, with the possible exception of the cost of returning the goods.
Products must be returned to the store located at 23 chemin de la Nasque – ZI en Jacca, 31770 COLOMIERS.
The Customer must indicate the product(s) to be returned for retraction, as well as the order number.
The Customer must enclose the invoice(s) for the returned product(s), together with any supporting documents that Customer Services may send to the Customer.
In the absence of these documents, the return of the product cannot be processed within the normal timeframe.
Products must be returned in their original packaging, in perfect condition (undamaged, soiled or incomplete) and accompanied by all accessories and instructions, if any, and the relevant invoice(s).
Items returned incomplete, damaged or soiled cannot be taken back.
If the Customer complies with the above stipulations, the Vendor undertakes to reimburse the Customer no later than fourteen (14) days following receipt of the returned Product(s). Refunds will be made by crediting the bank account of the card used for payment.
ARTICLE 8 – Seller’s liability – Warranties
The Products offered for sale comply with the regulations in force in France and have performance levels compatible with non-professional use.
The customer benefits by right and without additional payment from the legal guarantee of conformity and the legal guarantee of hidden defects.
The Vendor cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check before placing an order;
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
8.1 – Contractual warranty
Products delivered by the Supplier are covered by a contractual warranty for a period of 24 months from the date of invoice, covering operating defects.
In the event of delay, the warranty is extended for the duration of the delay, up to a maximum of 6 months.
To be able to invoke the benefit of these provisions, the purchaser must notify the seller, without delay and in writing, of the defects he attributes to the good and provide all evidence as to the reality of these defects. He must also refrain from carrying out the repair himself or having it carried out by a third party, unless expressly agreed by the seller.
Replacement of defective Products or parts will not extend the above warranty period.
Under the terms of the warranty, the seller will replace free of charge any parts found to be defective by its technical services, or if the buyer so wishes, will reimburse the price of the part on the basis of the purchase invoice. Parts replaced free of charge or reimbursed are returned to the seller and become his property once again. Any reimbursement by the seller of repair parts may not exceed 1/3 of the value of the part originally sold.
Lastly, the warranty shall not apply if the Products have been subjected to abnormal use, or have been used in conditions other than those for which they were manufactured, in particular in the event of non-compliance with the conditions prescribed in the instructions for use.
Nor does it apply in the event of deterioration or accident resulting from impact, dropping, negligence, lack of supervision or maintenance, or in the event of transformation of the Product.
8.2 – Consumer and non-professional customers – Legal warranty of conformity
The Vendor undertakes to deliver goods that comply with the contractual description and the criteria set out in Article L217-5 of the French Consumer Code.
It is liable for defects in conformity existing at the time of delivery of the Products and which appear within two years of delivery.
This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code, with prescription starting on the day the Customer becomes aware of the lack of conformity.
In the absence of proof to the contrary, defects in conformity that appear within twenty-four months (or twelve months in the case of second-hand goods) of delivery of the Products are presumed to have existed at the time of delivery.
In the event of non-conformity, the Customer may demand that the Products delivered be repaired or replaced, or, failing this, that the price be reduced or the sale rescinded, in accordance with the legal conditions.
He may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has fulfilled his obligations under the legal warranty of conformity, under the conditions of articles 1219 and 1220 of the Civil Code.
It is the Customer’s responsibility to ask the Vendor to bring the Products into conformity, by choosing between repair or replacement. The goods are brought into conformity within a period not exceeding thirty days following the Customer’s request.
Repair or replacement of the non-conforming Product includes, where applicable, removal and return of the Product, as well as installation of the conforming or replaced Product.
Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from a six-month extension of this guarantee.
In the event of replacement of a non-conforming Product when, despite the Customer’s choice, the Vendor has not brought the Product into conformity, the replacement shall start a new legal conformity warranty period for the benefit of the Customer, starting from the delivery of the replaced Product.
If the requested compliance is impossible or involves disproportionate costs under the conditions set out in article L 217-12 of the French Consumer Code, the Seller may refuse to comply. If the conditions set out in article L 217-12 of the French Consumer Code are not met, the customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Finally, the customer may demand a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the French Consumer Code.
When the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request the repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.
In the event of cancellation of the sale, the Customer will be reimbursed the price paid in exchange for the return of the non-conforming Products to the Vendor, at the latter’s expense.
Reimbursement will be made upon receipt of the non-conforming Product or proof of its return by the Customer, and at the latest within the following fourteen days, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.
The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the lack of conformity.
Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
Where the contract for the sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.
The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if :
1° The trader refuses to repair or replace the good;
2° The goods are repaired or replaced within thirty days ;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;
4° The non-conformity of the property persists despite the seller’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. The consumer is then not obliged to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period during which the product is immobilized for repair or replacement suspends the remaining warranty period until delivery of the repaired product.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the item is kept, or to a full refund in exchange for the return of the item.
ARTICLE 9 – Personal data
Personal data collected from customers is processed by the Vendor. They are recorded in the customer file and are essential for processing the order. This information and personal data are also stored for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as is necessary for the execution of orders and any applicable guarantees.
The data controller is the Seller. Access to personal data will be strictly limited to employees of the data controller, authorized to process such data by virtue of their duties. The information collected may be communicated to third parties bound to the company by contract for the execution of subcontracted tasks, without the customer’s authorization being necessary.
As part of their services, third parties have only limited access to data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Vendor will not sell, rent, transfer or give access to third parties to the data without the Customer’s prior consent, unless compelled to do so for a legitimate reason.
If the data is to be transferred outside the European Union, the Customer will be informed and the guarantees taken to secure the data (for example, the external service provider’s adherence to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.
In accordance with applicable regulations, customers have the right to access, rectify, delete and port their personal data, as well as the right to object to processing on legitimate grounds. These rights may be exercised by contacting the data controller at the following e-mail address: email@example.com.
In the event of a complaint, the Customer may submit a claim to the Service Provider’s personal data protection delegate at the Commission Nationale de l’Informatique et des Libertés.
ARTICLE 10 – Intellectual property rights
The Vendor, or where applicable his subcontractor(s), remains the owner of all intellectual property rights on studies, drawings, models, prototypes, designs, graphic representations, etc., produced (even at the Customer’s request) with a view to supplying the Products to the Customer.
The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express prior written authorization of the Vendor, which may be conditional upon financial consideration. By way of exception, the Vendor may, at the Customer’s request, transfer ownership of its intellectual property rights to creations made by the Vendor on behalf of the Customer. Such transfer shall be subject to the Seller’s express written consent.
ARTICLE 11 – Anticipation
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
If the renegotiation is successful, the Parties will immediately draw up a new order formalizing the result of this renegotiation for the Product supply operations concerned.
Furthermore, should renegotiation fail, the Parties may, in accordance with the provisions of article 1195 of the French Civil Code, request the judge, by mutual agreement, to Resolve or adapt the contract. In the event that the Parties do not agree to refer the matter to the judge by mutual agreement within 30 days of the disagreement being noted, the most diligent Party may refer the matter to the judge for revision or Resolution of the contract.
However, if the change in circumstances unforeseeable at the time of the conclusion of the contract is definitive or persists beyond 3 months, the present contract will be purely and simply cancelled in accordance with the terms defined in the article “Cancellation for unforeseeability”.
ARTICLE 12 – Enforcement in kind
In application of article L 217-12 of the French Consumer Code, when the conditions referred to in said article are not respected, the consumer or non-professional customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Notwithstanding the provisions of article 1221 of the French Civil Code, the Parties agree that in the event of either Party failing to meet its obligations, the Party suffering the default may not seek enforcement, subject to the public policy provisions of article L 217-12 of the French Consumer Code.
In the event of non-performance of any of the obligations incumbent on the other Party, the Party that has suffered the default may request Resolution of the contract in accordance with the procedures defined in the article “Resolution of the contract”.
ARTICLE 13 – Proportional reduction of the price in the event of imperfect performance of the obligation
In addition to the price reduction that may occur in the event of the legal warranty of conformity being invoked under the conditions described above, in the event of a Party failing to meet one or other of its obligations, the creditor may, in application of article 1223 of the French Civil Code, 15 days after receipt by the debtor of a formal notice to perform served by registered letter with acknowledgement of receipt, which has remained without effect, if he has not yet paid for all or part of the service, notify the debtor as soon as possible of his decision to accept imperfect performance of the contract and to reduce the price proportionally.
The debtor’s acceptance of the creditor’s decision to reduce the price must be in writing.
Failing agreement between the Parties on the amount of this proportional price reduction, it will be determined by an expert under the conditions of article 1592 of the French Civil Code.
In the event that the creditor of the obligation has already paid the price, he may, in the absence of agreement between the parties, ask the judge to reduce the price.
ARTICLE 14 – Non-performance exception
The exception of non-performance is of public order for the benefit of the consumer or non-professional customer in the event of failure to comply with the obligation of conformity incumbent on the seller in accordance with article L 217-8 of the French Consumer Code.
Pursuant to article 1219 of the French Civil Code, either party may refuse to perform its obligation, even if it is due, if the other party fails to perform its obligation and if such non-performance is sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium.
The refusal to perform will take effect immediately, upon receipt by the defaulting Party of the notification of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
This exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the French Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date, and that the consequences of such non-performance are sufficiently serious for the Party suffering the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately upon receipt by the Party presumed to be in default of the notification of the intention to apply the preventive non-performance exception until such time as the Party presumed to be in default performs the obligation for which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of dispatch.
ARTICLE 15 – Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, is due to force majeure, as defined in article 1218 of the French Civil Code.
In particular, the seller is automatically released from any commitment relating to lead times in the event of force majeure or events occurring at the seller’s or its suppliers’ premises, such as: lock-out, strike, epidemic, requisition, war, embargo, lack of authorization, fire, flood, tooling accident, scrapping of major parts during manufacture, interruption or delay in transport or supplies of raw materials, energy or components, or any other event beyond the seller’s control. Exceeding the delivery deadline may not give rise to damages, deductions or cancellation of the order.
The Party observing the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 60 days. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any other durable written medium providing proof of dispatch. If the impediment is definitive or exceeds a duration of 60 days, the present contract will be purely and simply terminated in accordance with the terms defined in the article “Termination for force majeure”.
During this suspension, the Parties agree that the costs generated by the situation will be shared equally.
ARTICLE 16 – Termination of contract
16-1 – Resolution for unforeseen circumstances
Termination due to the impossibility of performing an obligation that has become excessively onerous may only occur 30 days after receipt of a formal notice declaring the intention to apply the present clause, served by registered letter with acknowledgement of receipt or by any extrajudicial act.
16-2 – Termination for non-performance of a sufficiently serious obligation
In the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, the Party suffering the default may notify the Defaulting Party by registered letter with acknowledgement of receipt, of the wrongful termination of the present contract, 60 days after receipt of a formal notice to perform which has remained unsuccessful, in application of the provisions of article 1224 of the French Civil Code.
In particular, for any purchase over 500 euros, if the Product(s) has (have) not been delivered 7 days after the indicative delivery date, the Customer may invoke the right to rescind the contract for non-performance.
16-3 – Termination due to force majeure
Termination by operation of law for reasons of force majeure, in the event of a definitive impediment or an impediment lasting more than 60 days, may only take place 30 days after receipt of a formal notice served by registered letter with acknowledgement of receipt or by any extrajudicial act. However, this formal notice must state the intention to apply the present clause.
16-4 – Provisions common to all Resolutions
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement will be validly put in default by the mere payability of the obligation, in accordance with the provisions of article 1344 of the French Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its resolution, which have found their utility as the contract is progressively executed, will not give rise to restitution for the period prior to the last service which has not received its counterpart and/or must be paid to the Vendor.
In any event, the injured party may apply to the courts for damages.
ARTICLE 17 – Disputes – Jurisdiction
For any complaint, the customer may contact the Customer Relations Department at 0531605161, Monday to Friday, 09:00 to 12:00 and 14:00 to 17:00 (free service and calls), or by sending an e-mail to firstname.lastname@example.org.
Should this process fail, in accordance with articles L.612-1 et seq. of the French Consumer Code, the Customer has the option of referring, free of charge, to a mediator approved by the Commission d’Evaluation et de Contrôle de la Médiation (Mediation Evaluation and Control Commission) to submit any claim relating to the purchase of a product or provision of a service on the Site, made within the last twelve (12) months.
The customer may submit his request in writing to Mrs Isabelle FAIVRE:, 17 rue du Languedoc 31000 TOULOUSE, France.
The customer may also access the European platform for disputes set up by the European Commission at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
The solution proposed by the Mediator is not binding on the parties, who remain free to withdraw from the Mediation process at any time.
All disputes arising from this contract, concerning its validity, interpretation, performance, termination, consequences and consequences thereof, shall be submitted to the competent courts under the conditions of ordinary law.
In the event of a dispute with professionals and/or merchants, the Commercial Court of Toulouse will have jurisdiction.
ARTICLE 18 – Language of the contract – Applicable law
These General Terms and Conditions and all transactions arising therefrom between the Vendor and the Customer are governed by and subject to French law. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 19 – Customer acceptance
These General Terms and Conditions of Sale are expressly approved and accepted by the Customer, who declares and acknowledges full knowledge thereof, and hereby waives the right to rely on any contradictory document, in particular its own general terms and conditions of purchase, which may not be invoked against the Vendor, even if the Vendor is aware of them.
Article 20 – Confidentiality
The Parties undertake, by way of a confidentiality clause, for the entire duration of the supply of services and without any time limit after its expiry, for any reason whatsoever, to maintain the utmost confidentiality, refraining from disclosing, directly or indirectly, any information, knowledge or know-how expressly designated as confidential by the Parties, to which they may have had access in the performance of the present contract, unless said information, knowledge or know-how has fallen into the public domain, or its disclosure is made necessary by virtue of a specific regulation or an administrative or judicial injunction.
Article 21 – Invisibility clause
The nullity of a contractual clause does not entail the nullity of the present terms and conditions, each of which is indivisible from the other.
ARTICLE 22 – Pre-contractual information – Consumer customer acceptance
The Customer acknowledges having been informed by the Vendor in a legible and comprehensible manner, by means of the provision of the present General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L111-1 of the French Consumer Code:
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity enabling him to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and do not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential particularities;
- on the price of the Products or, in the absence of payment of a price, on any advantage provided instead of or in addition to the price and on the nature of this advantage;
- terms of payment, delivery and performance of the sales contract
- in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
- the Vendor’s identity and contact details;
- on the existence and terms and conditions of warranties (legal warranty of conformity, warranty against hidden defects, any commercial warranties) and, where applicable, after-sales service;
- on the possibility of having recourse to a consumer mediator, whose contact details appear in these General Terms and Conditions of Sale, under the conditions set out in the Consumer Code ;
- on resolution and other important contractual terms and conditions and, where applicable, on the costs of using remote communication technology, the existence of codes of conduct and financial sureties and guarantees;
- on accepted means of payment;
The fact that the Customer makes an immediate purchase or orders a Product implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Vendor.