ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (the "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer") wishing to purchase the products offered for sale ("Products") by the Seller on the https://shop.modinfrance.fr website. The Products offered for sale on the site are the following:
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the https://shop.modinfrance.fr website, which the Customer must read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to the availability of stocks, as specified when the order is placed.
These General Terms and Conditions of Sale are accessible at any time on the https://shop.modinfrance.fr website and shall prevail over any other document.
The Customer declares having read these GCS and having accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the https://shop.modinfrance.fr website.
Unless proven otherwise, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
14 rue du Docteur Paul Laurens,
Registration number: -------
ARTICLE 2 - PRICES
The Products are supplied at the prices in force appearing on the site https://shop.modinfrance.fr, at the time of the registration of the order by the Vendor.
The prices are expressed in Euros, exclusive of tax and including all taxes.
The prices take into account any discounts that may be granted by the Seller on the https://shop.modinfrance.fr website.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the https://shop.modinfrance.fr website the Products he wishes to order, according to the following terms and conditions:
The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to his basket as he wishes. Once the PRODUCTS have been selected and placed in the shopping cart, the CLIENT must click on the shopping cart and verify that the contents of the order are correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register. Once the CUSTOMER has validated the contents of the basket and has identified / registered, an online form will be displayed to the CUSTOMER's attention, automatically completed and summarizing the price, applicable taxes and, if applicable, delivery charges. The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents. The CLIENT may then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS.
Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all information necessary for the proper processing of the order. The CLIENT must also select the delivery method chosen.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is up to the Customer to check the accuracy of the order and to immediately report any error.
Any order placed on the site https://shop.modinfrance.fr constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
Any cancellation of the order by the Customer will be possible only before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).
ARTICLE 3 BIS - CUSTOMER SPACE - ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he must register by filling out the form that will be proposed at the time of his order and undertakes to provide true and accurate information about his marital status and contact information, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from any disclosure thereof. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: email@example.com. This will be effective within a reasonable period of time.
In the event of non-compliance with the general conditions of sale and/or use, the https://shop.modinfrance.fr website will have the possibility to suspend or even terminate a customer's account after formal notice sent by electronic means and remained ineffective.
Any deletion of an account, whatever the reason, will result in the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of the present general conditions of sale.
ARTICLE 4 - TERMS OF PAYMENT
The price is paid by secure payment, according to the following methods:
Payment by credit card
Payment by Paypal
The price is payable cash by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider intervening for the banking transactions carried out on the https://shop.modinfrance.fr website.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Customer will be delivered in metropolitan France or in the following zone(s)
Deliveries are made within 5 days to the address indicated by the Customer when ordering on the site.
The delivery consists of the transfer to the Customer of the physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions set forth in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to a specific additional invoice, based on a quotation previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. It has a period of 5 days from delivery to make claims by mail, mail, accompanied by all the relevant evidence (including photos). After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GCS.
The transfert of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products travel at the Seller's risk and peril, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the Customer, regardless of the date of delivery of said Products.
ARTICLE 7 - RIGHT OF RETRACTION
According to the terms of !'article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to justify his decision or bear other costs than those provided for in Articles L. 221-23 a L. 221-25.
The time limit mentioned in the first paragraph shall run from the day :
1 - From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L.221-4 ;
2 - The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal as from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last part.
In the case of contracts providing for regular delivery of goods over a defined period, the period shall run from receipt of the first good.
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the willingness to withdraw and in particular by mail addressed to the Seller at the postal address or email address indicated at !'ARTICLE 1 of the GCS.
Returns are to be made in their original condition and complete (packaging, accessories, manuals ... ) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted. The costs of return are at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - LIABILITY OF THE SELLER - WARRANTIES
The Products supplied by the Seller benefit from :
- of the legal guarantee of conformity, for the defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility. »
Article L217-5 of the Consumer Code
"The property is in conformity with the contract:
1 - If it is fit for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2 - Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »
Article L217 -12 of the Consumer Code
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
"The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. »
Article 1648 paragraph 1 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. »
Article L217-16 of the Consumer Code.
"When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of a furnished property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period starts from the date of the buyer's request for intervention or from the date the property is made available for repair, if this availability is subsequent to the request for intervention. »
In order to assert its rights, the Customer must inform the Seller, in writing (e-mail or mail), of the non-conformity of the Products or of the existence of hidden defects as soon as they are discovered.
The Seller shall reimburse, replace or repair the Products or parts under warranty that are found to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoice price and the return shipping costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products judged to be non-conforming or defective will be made as soon as possible and no later than 5 days following the Seller's discovery of the non-conformity or latent defect. This reimbursement may be made by bank transfer or cheque.
The responsibility of the Seller shall not be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check.
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and shall not engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of its personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the https://shop.modinfrance.fr website are the following:
When creating the account Client / user :
Name, first name, postal address, telephone number and e-mail address.
As part of the payment for the Products offered on the https://shop.modinfrance.fr website, the latter records financial data relating to the Customer's bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized alteration, destruction and access. However, the Internet is not a completely secure environment and Seller cannot guarantee the security of information transmission or storage over the Internet.
9.7 Enforcement of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the https://shop.modinfrance.fr website have the following rights:
They can update or delete data concerning them in the following manner:
They may delete their account by writing to the e-mail address indicated in Article 9.3 "Data controller".
They may exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data Controller".
They may request the deletion of their personal data in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 "Data Controller".
They may also request the portability of the data held by the Seller to another service provider.
Finally, they may object to the processing of their data by the Seller.
These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In the event of refusal to grant the Customer's request, the Customer must give reasons.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which it agrees to receive informative and advertising e-mails from the Seller. He will always be able to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the https://shop.modinfrance.fr website is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
The present GTC and the operations resulting from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any claim, please contact the customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these Terms and Conditions of Sale.
The Customer is informed that he may in any event have recourse to conventional mediation, to existing sector-based mediation bodies or to any alternative dispute resolution method (e.g., conciliation) in the event of a dispute.
The Customer is also informed that it may also resort to the Online Dispute Resolution (OLR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm.
All disputes to which the purchase and sale operations concluded in application of these GCS and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://shop.modinfrance.fr, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of Romain Brami
14 rue du Docteur Paul Laurens,
I hereby give notice of withdrawal from the contract for the property below:
Order of (indicate date)
Order number: ..................
Customer Name: ......................
Customer Address: ..............
Customer's signature (only in case of notification of this form on paper)