These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the solex-me.com website (hereinafter the "WEBSITE") from Solex Me, S.A.S.U. registered in the Perpignan
Trade and Companies Register under the number 829 788 769, having its registered office in 1995, Avenue Julien Panchot 66000 Perpignan,
France Tel: 0983 762 266, e-mail: email@example.com (hereinafter the "SELLER").
Any order placed on the WEBSITE necessarily implies the CLIENT's unreserved acceptance of these general terms and conditions of sale.
Article 1. Definitions
- "CUSTOMER": means the SELLER's co-contracting party, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
- "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
- " PRODUCTS ": refers to all the products available on the SITE.
- "TERRITORY": refers to Metropolitan FRANCE (excluding DOM/TOM).
Article 2. Subject
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the General Conditions
The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CLIENT to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order for PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
The CLIENT will be asked to provide information to identify him/her by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CLIENT can check the status of his order on the WEBSITE. The tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at firstname.lastname@example.org to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
Article 5. Orders
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CLIENT must receive by virtue of the applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's home page, the steps may differ slightly).
The CUSTOMER shall select the PRODUCT(s) of its choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the contents of his 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 identified/registered, an online form will be displayed to the CUSTOMER's attention, automatically completed and summarising the price, applicable taxes and, where applicable, delivery costs.
The CLIENT is invited to check the content of its order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed with the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the invoicing 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 CUSTOMER must also select the chosen delivery method.
Once all the steps described above have been completed, a page will appear on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct .
The SELLER shall not send any order confirmation by post or fax.
During the order procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.
The CLIENT must then specify the chosen means of payment.
Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail shall constitute an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the WEBSITE do not begin to run until this date.
For all the PRODUCTS, the CLIENT will find on the WEBSITE prices displayed in euros, all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value added tax (VAT) at the rate applicable on the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The SELLER's suppliers' prices are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in case of special offers or sales.
The indicated prices are valid, except in case of gross error. The applicable price is the price indicated on the WEBSITE on the date the order is placed by the CLIENT.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the resupply of a PRODUCT by the SELLER.
In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER :
Either offer to ship all PRODUCTS at the same time as soon as the PRODUCTS that are out of stock are available again,
Either proceed with a partial shipment of the PRODUCTS available at first, then with the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Either propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it shall obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
Article 7. Payment
The CLIENT may pay for its PRODUCTS online on the WEBSITE according to the means proposed by the SELLER.
The CUSTOMER guarantees the SELLER that it holds all the authorisations required to use the chosen means of payment.
The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the SITE.
It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CLIENT decides to cancel its order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER shall have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The above provisions shall not prevent the transfer to the CLIENT, upon receipt by it, or by a third party designated by it other than the carrier, of the risks of loss or damage to the PRODUCTS that are the subject of the reservation of ownership, as well as the risks of damage that they may entail.
Article 10. Delivery
Article 11. Packaging
Article 12. Guarantees
Article L.211-5 of the French Consumer Code: To be in conformity with the contract, the good must:
1° Be fit for the use usually expected of a similar good and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
The SELLER is obliged to deliver a PRODUCT that is in conformity, i.e. suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER may be held liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging, assembly instructions or installation when the latter was put at his expense or was carried out under his responsibility.
The action resulting from the lack of conformity shall be time-barred after two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code)
In the event of a lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at its discretion. However, if the cost of the CLIENT's choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CLIENT.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 20, Avenue de Perpignan.
Finally, the CLIENT is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the goods.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the PRODUCTS.
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold which render it unfit for the use for which it is intended, or which diminish this use so much that the CUSTOMER would not have acquired it, or would only have paid a lower price for it, if he had known about them. (Article 1641 of the Civil Code)
This guarantee allows the CLIENT who can prove the existence of a latent defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of part of its price if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 20, Avenue de Perpignan. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 13. Responsibility
The SELLER may not be held liable, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all responsibility for the information published therein. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.
Article 14. Personal data
The SELLER collects on the WEBSITE personal data concerning its Customers, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, to manage the CLIENT's account, to analyze orders and, if the CLIENT has chosen this option, to send it commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have given their prior consent when registering on the WEBSITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, data files and liberties, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an e-mail to the following address: email@example.com or by sending a letter to 20, Avenue de Perpignan.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
Article 15. Claims
Any written complaint by the CLIENT must be sent to the following address: 20, Avenue de Perpignan.
Article 16. Intellectual Property
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorisation in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Any conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail sector for companies whose registered office is located in France.
Article 18. Modification of the General Conditions
The General Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes made to the General Conditions shall not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
In the event of a dispute, only the French courts shall be competent.
However, prior to any recourse to an arbitral or state judge, preference shall be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute arises relating to this contract, including its validity.
The party wishing to implement the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated hereafter.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the dispute that is the subject of the negotiation. By way of exception, the parties shall be entitled to apply to the court for interim relief or to seek an order on application. Any action before the court for interim measures or the implementation of proceedings on application shall not entail any waiver by the parties of the amicable settlement clause, unless they expressly agree otherwise.
CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL
The CLIENT shall have the right in principle to return or return the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and at the latest within fourteen (14) days following communication of its decision to withdraw, unless the SELLER proposes to recover the PRODUCT himself.
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
In order to exercise its right of withdrawal, the CLIENT must notify its decision to withdraw from this contract by means of an unambiguous statement to : 1995 Avenue Julien Panchot 66000 Perpignan or firstname.lastname@example.org.
He can also use the form below:
For the withdrawal period to be respected, the CUSTOMER must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of retraction by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER is informed of the CLIENT's wish to retract.
The SELLER will proceed with the refund using the same means of payment as the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any event, this refund will not incur any costs for the customer.
The SELLER may defer the refund until the goods are received or until the CLIENT has provided proof of shipment of the goods, whichever is the earlier.
The CUSTOMER shall, without undue delay and in any event no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to : 1995 Avenue Julien Panchot 66000 Perpignan.
This time limit is deemed to have been met if the CUSTOMER returns the goods before the fourteen-day period has expired.
The CUSTOMER shall bear the direct costs of returning the goods.
Condition of the returned property
The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered.
The CUSTOMER's liability shall only be incurred in respect of the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but its liability may be engaged if it carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made according to the CUSTOMER's specifications or clearly personalized
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages for which the price has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can be made only after 30 days and the actual value of which depends on market fluctuations beyond the control of the SELLER
- Supply of non-supplied digital content in dematerialised form if performance has begun with the consumer's prior express consent, who has also acknowledged that he will thereby lose his right of withdrawal
- contracts concluded at a public auction
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
The time required to prepare an order and then issue the invoice, before shipping the PRODUCTS in stock, is mentioned on the WEBSITE. These deadlines do not include weekends or public holidays.
An electronic message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.
Delivery times & costs During the order process, the SELLER shall indicate to the CLIENT the possible delivery times and shipping options for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs shall be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
The delivery times and costs are detailed on the SITE.
The package will be delivered to the CLIENT against signature and upon presentation of an identity document.
In case of absence, a delivery notice will be left with the CLIENT, to enable him to pick up his parcel at his post office.
PROBLEMS The CLIENT is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may terminate the contract.
The SELLER shall reimburse the CLIENT, without undue delay from receipt of the cancellation letter, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CLIENT to purchase the PRODUCTS.
The SELLER shall be liable until delivery of the PRODUCT to the CLIENT. The CLIENT is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.