Terms and conditions template to complete
Between the Company (COMPANY NAME),
(COMPANY ADDRESS),
with a share capital of (TO BE COMPLETED)€,
registered in the PARIS Trade and Companies Register,
under SIRET number (TO BE COMPLETED),
represented by Mr./Mrs. (TO BE COMPLETED)
as Managing Director,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form on the home page of the site.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the individual or legal entity purchasing the company's products or services,
Hereinafter referred to as "the Buyer", or "the Customer".
On the other hand,
It has been explained and agreed as follows:
PREAMBLE
The Vendor is a publisher of (TO BE COMPLETED) products and services for consumers, marketed via its Internet sites(https://siteweb.com ). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services through the Company's websites, and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company's website at the following address: (TO BE COMPLETED).
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she validly represents the individual or legal entity for which he/she is contracting.
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices (TO BE REREAD AND MODIFIED ACCORDING TO SITE SETTINGS)
The prices of products sold through the websites are indicated in Euros, excluding taxes, and are precisely determined on the product description pages. They are also indicated in euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They are the responsibility of the purchaser (declarations, payment to the competent authorities, etc.). The Company reserves the right to modify its prices at any time in the future. Telecommunication charges for access to the Company's websites are at the customer's expense. Where applicable, delivery charges are also payable by the Customer.
Article 4: Conclusion of an online contract
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps in order to conclude the contract by electronic means: - Information on the essential characteristics of the Product; - Choice of the Product and, where applicable, its options; - Indication of the Customer's essential contact details (identification, e-mail, address, etc.); - Acceptance of these General Terms and Conditions of Sale; - Verification of the elements of the order (double-click formality) and, where applicable, correction of any errors. Before confirming the order, the Buyer may check the details of the order and its price, and correct any errors, or cancel the order. Confirmation of the order constitutes the formation of the present contract. - Payment instructions will then follow, followed by payment for the products and delivery of the order. The Customer will receive an e-mail confirming payment for the order, as well as an order acknowledgement confirming receipt of the order. The Customer will receive a .pdf copy of these general terms and conditions of sale.
During the ordering process, the customer is given the opportunity to identify and correct any errors made in data entry. The language proposed for the conclusion of the contract is French.
The terms and conditions of the offer and the general terms and conditions of sale are sent by email to the purchaser when the order is placed and archived on the Vendor's website. Where applicable, the professional and commercial rules to which the author of the offer intends to abide can be consulted in the "annexed rules" section of these GTCS, which can be consulted on the Vendor's website at the following address: (TO BE COMPLETED)
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company's websites, as are, where applicable, the product's instructions for use. In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by marking, labeling, display or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is that in force on the day the order is placed, and does not include shipping costs, which are invoiced in addition. These costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Vendor reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not immediately available, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of delivery charges, payment, delivery and contract performance terms, as well as detailed information concerning the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of the present sale. The Vendor undertakes to honour the Customer's order within the limits of available stocks of Products only. If the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Vendor will reimburse the Customer.
The contractual information is presented in detail and in French. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the Company's websites, as is the minimum duration of the contracts proposed when these concern a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address provided).
Article 6: Conformity
In accordance with article L.411-1 of the French Consumer Code, the products and services offered for sale under the present GTS comply with current regulations relating to personal health and safety, fair trading and consumer protection. Irrespective of any commercial warranty, the Vendor remains liable for defects in conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods which conform to the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the French Civil Code), the Vendor will refund or exchange defective products or products that do not correspond to the order. Refunds may be requested in the following manner: (DESCRIBE THE REFUND PROCEDURE, AND HOW THE PRODUCT MUST BE RETURNED, AND REIMBURSEMENT OF SHIPPING COSTS WHERE APPLICABLE).
Article 7: Retention of title
Products remain the property of the Company until full payment has been received.
Article 8: Delivery terms
Products are delivered to the delivery address indicated at the time of ordering and within the times indicated. These times do not include the time required to prepare the order. When delivery requires an appointment with the Customer (DESCRIBE PROCEDURE). When the customer orders several products at the same time, these may have different delivery times, which are routed according to the following procedures (DESCRIBE PROCEDURE). In the event of late shipment (DESCRIBE PROCEDURE). In the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 216-2 of the French Consumer Code. The Vendor will then reimburse the product and the "outward" costs in accordance with Articles L216-3 and L241-4 of the French Consumer Code. The Vendor provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation e-mail, to ensure that the order is followed up. The Vendor reminds you that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.
Article 9: Availability and presentation
If an item is unavailable for more than (TO BE COMPLETED) working days, you will be informed immediately of the expected delivery times, and the order for this item may be cancelled on request. The customer may then request a credit note for the amount of the article, or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. Payment may be made by credit card or cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted and cannot be read during transport on the network (describe the process). Once payment has been initiated by the customer, the transaction is immediately debited once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.
Article 11: Withdrawal period
In accordance with the provisions of article L 221-5 of the French Consumer Code, the Purchaser has the right to withdraw from the contract without giving any reason, within fourteen (14) days of receipt of the order. The right of withdrawal may be exercised by contacting the Company as follows: (DESCRIBE PROCEDURE). Customers are informed that, in accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for (DESCRIBE GOODS NOT SUBJECT TO THESE PROVISIONS). If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the cost of shipping will be reimbursed, with the cost of returning the product(s) being borne by the Customer. Products must be returned in their original, complete condition (packaging, accessories, instructions, etc.) and, if possible, with a copy of the purchase receipt. In accordance with legal provisions, you will find below the standard retraction form to be sent to us at the following address: (TO BE COMPLETED). Refund procedure: (SPECIFICALLY DESCRIBE THE REFUND PROCEDURE - ESPECIALLY FOR LARGE PURCHASES)
Article 12: Warranties
In accordance with the law, the Seller assumes the guarantees of conformity and relative to hidden defects of the products. The Vendor will refund the purchaser or exchange products that appear to be defective or do not correspond to the order placed. The refund request must be made in the following manner: (DETAIL PROCEDURE) The Vendor reminds the consumer that: - he/she has a period of 2 years from the date of delivery of the goods in which to take action against the Vendor - he/she may choose between replacement or repair of the goods, subject to the conditions set out in the aforementioned provisions. apparently defective or not corresponding - he/she is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. - that, except in the case of second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer may also invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the purchase price (provisions of articles 1644 of the French Civil Code). Additional warranties: (DESCRIBE YOUR ADDITIONAL WARRANTIES)
Article 13: Complaints and mediation
If necessary, the Buyer may submit any complaint by contacting the company using the following contact details (INDICATE CONTACT INFORMATION AND PROCEDURE).
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions set out in Title I of Book VI of the French Consumer Code.
If the consumer's request to the Seller's customer service department is unsuccessful, or if there is no response within two months, the consumer may submit the dispute to a mediator (TO BE COMPLETED) who will independently attempt to bring the parties together in order to reach an amicable solution.
Article 14: Termination of the contract
The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt in the following cases: - delivery of a product which does not conform to the characteristics of the order; - delivery beyond the deadline fixed at the time of the order or, in the absence of a date, within thirty days of payment; - unjustified price increase or modification of the product. In such cases, the purchaser may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of collection of the deposit.
Article 15: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
Article 16: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Invalidity and amendment of the contract
Should any of the stipulations of the present contract be null and void, this shall not invalidate the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.
Article 18: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements the processing of personal data, the purpose of which is the sale and delivery of products and services defined in this contract. The Buyer is informed of the following:
the identity and contact details of the data controller and, where applicable, of the data controller's representative: the Vendor, as indicated at the top of these GTS;
no transfers outside the EU are planned
data retention period: the length of the commercial prescription
the data subject has the right to request from the controller access to personal data, rectification or erasure of such data, or a restriction on processing relating to the data subject, or the right to object to processing and the right to data portability
The data subject has the right to lodge a complaint with a supervisory authority.
The information requested during the order process is necessary for invoicing (legal obligation) and delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
Article 19: Consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 of the French Civil Code: Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable :
if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
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. 217-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article L. 217-16 of the French Consumer Code (Code de la consommation): When the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.