GENERAL CONDITIONS OF SALE
Applicable to consumers
1. General terms and conditions
Presentation of the company 929. The company 929 is a simplified joint stock company registered in the Trade and Companies Register of VILLEFRANCHE-TARARE under the number 819 808 718 with a capital of 12 480 € and having its head office at 11 rue Peignaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT.
Its intra-community VAT number is FR90 819 808 718.
The company 929 exercises, under the brand MAISON POLOCHON of which it is the owner, an activity of sale of textile products and furnishings among which portable flashlights with removable lampshade, intended for the children.
The company can be reached by telephone at 09 52 06 72 32 during the opening hours of its establishment and by e-mail at vente@polochon-cie.fr.
Opposability of the general conditions of sale on line. The present general conditions are only intended to govern the online sales between the company 929 and its consumer clients, excluding professional clients.
Any order for a product implies the acceptance without reserve, by the client, of the present general conditions of sale available on the internet site of the company 929.
This acceptance will take place via a click, during the validation of the order. The client acknowledges having read and understood them and accepts them without reservation.
These conditions prevail over any other document, publication or communication, correspondence, emails or former general sales conditions, or commitment of the company 929 and will not be subject to any reservation or modification.
Written and unilateral modifications by the client are not opposable to the company 929.
The client is informed that the company 929 reserves the possibility to modify these general conditions at any time in order to put them in conformity with the new requirements resulting from the development of its activity, the evolution of the material or the new legal dispositions. In this case, the new general conditions will be applicable for all new orders, all previous orders remaining governed by the conditions in force at the time of the subscription of the contract, with the exception of the provisions of public order applicable to current contracts.
2. Formation of the contract
Products. 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 website.
The customer must refer to the description of each product in order to know the properties, the essential characteristics and the delivery times.
The photographs of the products of the company 929 appearing on its internet site or in its commercial catalog are illustrative, non-contractual and do not commit the company 929.
Prices and payment terms. The products offered by the company 929 are supplied at the current prices as mentioned on its website, on the day of the order.
These prices are firm and non-revisable.
The prices are expressed in Euros, exclusive of tax, and take into account the taxes applicable on the date of issue of the invoice.
The prices indicated do not include the transport and shipping costs which will be charged to the customer.
All orders are payable at the time of the order by card or other means as listed on the website.
Validation of the order.
The customer has the possibility to check the details of his order, its total price, the mode of delivery, and to correct possible errors before confirming his acceptance. It is the customer's responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The contract will only be formed after the customer has validated the summary of his order and accepted these general conditions of sale by checking the box provided for this purpose.
After validating the order and proceeding to payment, the customer will receive a summary document in accordance with the provisions of Articles L.111-1 and L.221-5 of the Consumer Code and mentioning :
- the present general conditions of sale;
- the essential characteristics of the sold good;
- the price of the good sold;
- the date and method of delivery;
- Information concerning the identity of the company 929, its postal, telephone and electronic address.
An invoice referring to the present general conditions will then be established and transmitted to the client by the company 929, upon delivery.
From the moment of payment, the contract will be formed, definitively and irrevocably, except for the consumer customer to make use of his right of withdrawal in accordance with the provisions mentioned below.
3. Transport and delivery of products
Delivery times.
The delivery time and place are those mentioned on the invoice, in accordance with the choices made by the customer when placing the order. The product will be delivered under the conditions chosen by the client, among those proposed by the company 929.
The transfer of risks of the product sold to the customer takes place upon delivery of the order to the customer's home or to any other agreed upon place according to the adopted delivery method.
In any case, the customer will not be able to raise any grievance regarding the delay in delivery, provided that the delivery does not exceed a period of 30 working days following the confirmation by him of the order. After this delay, the client will be able to ask for the resolution of the contract by sending an email or letter with acknowledgement of receipt to the company 929, at the email and postal addresses mentioned at the top of the present general conditions.
This resolution will only be definitive if the company 929 has not been able to deliver the order within 7 days following the reception of the said letter. In the event that the contract is terminated in application of the preceding provisions, the company 929 will reimburse the client the totality of the sums paid by him, at the latest within 14 days following the effective date of the termination of the contract.
Reception and reservations. Upon receipt of the order, the customer must immediately verify the quantity, the conformity and the condition of the products delivered and received.
If the customer wishes to make reservations related to the condition of the package, he must immediately notify the carrier on the receipt.
In the event that the package is damaged, the client must imperatively mention it to the transporter in the form of reserves and make sure that the transporter has written it down on the delivery note, in order to allow the company 929 to take recourse against the transporter in case of non-conformity resulting from the transport.
In the absence of any reservation, the package will be considered to have been delivered in good condition.
Conformity of the goods. As of the delivery of the order and after having opened it, the customer will have a period of 2 working days to assert, by e-mail, the existence of a possible nonconformity compared to his order by producing any supporting document.
Once this period has passed, the order will be deemed compliant and the customer will no longer be able to claim non-conformity.
In the event that the order does not conform, the company 929 will take charge of the return of the products and will proceed with the exchange at no cost to the client.
4. Right of retraction (withdrawal)
The customer is informed that in accordance with the provisions of article L.221-18 of the Consumer Code, he has a period of fourteen days to exercise his right of withdrawal, without having to justify his decision or bear other costs than those related to the return of goods.
This right of withdrawal does not apply to goods made to the customer's specifications or clearly personalized.
The client will have to exercise his right of withdrawal by using the standard form that can be downloaded from his client space and that he will have to send to the company 929.
The time limit to exercise the right of withdrawal runs from the reception of the goods by the customer.
In case of an order with several batches not delivered at the same time, the delay starts from the delivery of the last order.
The return must take place in the same condition as the order and in the same packaging as the one used at the time of shipment, in order to allow the remarketing of the product, if necessary.
In the event that the product is damaged upon return, the company 929 will be able to refuse the return of the order and the resulting refund.
Returns must be accompanied by a copy of the original invoice or delivery note.
Provided that the customer has made proper use of his right of withdrawal and that the products have not been damaged, the company 929 will reimburse the totality of the sums paid minus the costs related to the return of the product ordered.
This refund will be made within a maximum of fourteen days following the date of receipt of the order.
5. Legal guarantees
In the event that the customer considers that the goods do not conform to the contract, he/she may invoke the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code.
In accordance with Article L.217-5 of the Consumer Code, the goods are deemed to conform to the contract:
1° If it is fit for the purpose 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 presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect, taking into account the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-7 states that:
"Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise."
The client must make a motivated request directly to the company 929, by means of a registered letter or email, to the addresses indicated on the present general conditions.
This request will have to be motivated, supported by justifying elements and made within a maximum of one month from the knowledge of the defect. The date to be taken into account will be the date the letter is sent. After this period, no lack of conformity or defect may be invoked, the customer being deemed to have refused to invoke it.
In case of lack of conformity, the customer will have to choose between the repair or the replacement of the ordered good.
The repair or the replacement will have to intervene without expenses for the customer, within 30 days following the reception of the letter addressed by the customer.
However, the company 929 will not proceed according to the choice of the buyer if this choice entails a cost that is clearly disproportionate to the other modality, taking into account the value of the good or the importance of the defect.
Unless the lack of conformity is minor, if the repair and replacement of the goods are impossible or cannot be implemented within one month of the customer's complaint, the customer may return the goods and have the price refunded.
The customer can also be offered to keep the product and have part of the price returned to him, the amount of which will have to be determined jointly with the company 929.
The responsibility of the company 929 will in all cases be limited to the implementation of the legal guarantee of conformity so that the customer will not be able to claim any damages resulting from a defect or a non-conformity of the product, or to claim the allocation of an indemnity whatever it is in particular under the title of direct or indirect damage, material or immaterial, consecutive or not.
In accordance with the legal provisions, the customer is also informed of the possibility of implementing, as far as possible, the legal guarantee known as hidden defects provided for in Article 1641 of the Civil Code, which states that "the seller is bound by the guarantee because of hidden defects of the thing sold which make it unsuitable 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 only a lower price, if he had known them.
As with the legal guarantee, this request must be motivated, supported by supporting elements and made within a maximum of one month from the knowledge of the defect. The date to be taken into account will be the date the letter is sent. After this period, no lack of conformity or defect may be invoked, the customer being deemed to have refused to invoke it.
6. Responsibility of the company 929
Deterioration and use of the goods. In no case does the company 929 guarantee the deterioration resulting from an erroneous use, a lack of maintenance or a use of the product not in conformity with its destination.
In the same way, the defects and deterioration of the products resulting from the non-observance of the instructions for assembly, use and maintenance given by the company 929, or from abnormal conditions of storage and/or conservation by the client, cannot give right to a guarantee.
The company 929 does not guarantee either the deteriorations consecutive to an accident, a shock, a fall, a negligence, a lack of surveillance or maintenance or the normal wear and tear of the product.
The company 929 cannot be held responsible for any prejudice that would result from the inability of the material delivered to satisfy a use, a gain or a function especially sought by the client and not specified in the contractual field.
The company 929 does not provide any guarantee regarding the ability of the material to achieve one or more objectives that the client has set for himself when these objectives have not been expressly accepted and have not been mentioned by the company 929.
Online sales site. The responsibility of the company 929 cannot be engaged because of a bad use of the online sales site by the client.
The company 929 cannot be held responsible for disturbances, interruptions and anomalies that are not of its making and that would affect the transmissions by the internet network and more generally by the communication network and this whatever the importance of the duration.
Transport. In the event of a dispute arising from the execution of the transport contract, the company 929 will not bear any responsibility, the latter being the responsibility of the transporter.
In the event that the responsibility of the carrier is proven, the company will take the necessary steps to proceed with the replacement of the product or to compensate the client.
The customer must have made reservations with the carrier and ensured that the latter took them into account.
Otherwise, no responsibility for poor execution of the transport contract can be sought against the carrier or the company 929.
7. Force majeure
In the event of force majeure and in accordance with the provisions of article 1218 of the Civil Code, the party noting the event shall without delay 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 shall it lead to the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act.
If the impediment is definitive, the contract will be terminated.
8. Intellectual property
All texts, images, drawings and models reproduced on the site of the company 929 or on the products sold by it, are protected by intellectual property law. The copy or download of all or part of this content for any use other than private is prohibited. Any non-conforming use or failure to comply with these provisions constitutes counterfeiting and is subject to sanctions under intellectual property law.
9. Personal data
The personal data of the client is processed by the company 929.
The processing of personal data can result in particular from :
- the navigation on the market-place website ;
- the creation of a customer account;
- a purchase and a payment made on the site;
- the use of the dedicated electronic mailbox;
In application of the law 78-17 of January 6, 1978 as modified to comply with the GDPR European directive, it is reminded that the personal data which are asked to the customer are necessary to the treatment of his order and the establishment of the invoices.
These data can be communicated to the possible partners of the provider in charge of the execution, the treatment, the management and the payment of the orders.
The customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.
The customer will not be able to use the personal data of the customers for canvassing, and other treatments.
This right can be exercised under the conditions and according to the modalities defined on the website and according to the general conditions of use of this site.
The customer has, at any time, a right of access, rectification, and opposition to all his personal data by writing, by mail and by proving his identity.
The issue of personal data processing is explained in more detail in the dedicated section of the 929 website and more specifically in the conditions of use of its website.
10. Litigation and mediation
At any time, the customer will have the possibility to contact the company 929 at the addresses indicated above, in order to address any request or complaint relating to the ordered products and in particular to assert his guarantees or his right of retraction, or even to request additional information.
In accordance with the legal provisions and more particularly with the order of August 20, 2015 2015-2033 relating to the out-of-court settlement of consumer disputes, the customer has the right to have recourse free of charge to the service of a consumer mediator whenever a dispute relating to consumption has not been settled amicably with a professional.
In the event of a dispute, each party may have recourse to conventional mediation, in particular with the Consumer Mediation Commission (art. L.612-1 of the Consumer Code) or with existing sectoral mediation bodies, or to any alternative dispute resolution method.
In this case, the provisions of articles L.611-1 et seq. of the Consumer Code will apply.
In case of failure of the mediation, the competent court will be the Judicial Court of Lyon.
WITHDRAWAL FORM
(Please complete and return this form by registered mail only if you wish to withdraw from the contract and subject to compliance with the deadline and contractual conditions)
To the attention of the company 929, a simplified joint stock company with a single shareholder registered in the trade and companies register of VILLEFRANCHE-TARARE under the number 819 808 718 with a capital of 12 480 € and having its head office at 11 rue Peignaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT.
I/We hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on: _______________________;
Order and invoice number: __________________________;
Name of the consumer(s): ________________________________________;
Consumer(s) address: _______________________________________;
Date: ____________________;
Signature:
(*) Delete as appropriate.