General conditions of sale
Last updated on 01/17/2025
Welcome and thank you for your trust. Below you will find the General Conditions of Sale applicable to the site h ttps:// solemnia.fr. Please note that the Seller provides its Customers and Users of its site with a customer service that can be contacted according to the following methods:
By email to the address: contact@solemnia.fr
By post to the following address: 8 Place de la République, 41100 Vendôme, France
1.DEFINITIONS
Capitalized terms refer to the following definitions:
The “ Seller ” refers to the sole proprietorship Solèmne Didrick with the trading name Solemnia, whose head office is located at 8 Place de la République, 41100, Vendôme, registered in the Trade and Companies Register under number 932 683 477. VAT not applicable - article 293 B of the CGI.
The “Site” means the website accessible from the URL link https://solemnia.fr and all sites published by the Seller to present and sell its Products.
The “User” means any person browsing the Site.
The “Product” means any type of material product sold online on the Site, and in particular costume jewelry and accessories.
The “Order” means any purchase of a Product by the Customer from the Seller via the Site.
The “Customer” means the natural or legal person, professional or not, purchasing a Product from the Seller on the Site.
THE " General Conditions of Sale » or “GTC” means these general terms and conditions of sale, applicable within the framework of the contractual relationship between the Seller and its Customers, which include the confidentiality policy possibly available on the Site and any element of the Site to which they expressly refer.
The “Partner” means any professional partner with whom the Seller maintains a business relationship or whom the Seller may call upon in the context of the sale of a Product and to whom the Customer could be referred in the context of his Order.
2. SCOPE OF APPLICATION
1. Purpose. These General Terms and Conditions govern the sale of any Product to a Customer on the Site, which includes the conditions of use of the Site made available by the Seller . The General Terms and Conditions are accessible at any time on the Site. They take effect from their update date indicated at the top of these General Terms and Conditions and prevail, where applicable, over any other version, prior or future.
2. Capacity. Any use of the Site to place an Order implies acceptance of and compliance with all of the terms of these General Terms and Conditions. The Customer declares that he is of legal age and capable of entering into a contract under the law of his country or declares that he represents, by virtue of a valid mandate, the person for whom he is placing the Order.
3. Acceptance of the General Terms and Conditions. The Customer declares that he/she has read the General Terms and Conditions and has accepted them before any Order, which implies unconditional acceptance of these general terms and conditions of sale. By this acceptance, the Customer acknowledges that, prior to any Order, he/she has received sufficient information and advice from the Seller , allowing him/her to ensure that the content of his/her Order is suitable for his/her needs. These General Terms and Conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.
Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptances and transactions.
4. Scope of the T&Cs. The Customer may request a copy of the version of the T&Cs applicable to his Order at any time. No specific conditions, at the initiative of the Customer, may be added to and/or substituted for these. The T&Cs apply to the exclusion of all other conditions, and in particular those applicable to sales through other distribution and marketing channels of the Products. The Seller reserves the right to provide special conditions for the sale of certain Products, special offers, special guarantees, etc. which are provided to the Customer before the Order. The fact that one of the Parties, at a given time and for whatever reason, does not avail itself of a breach by the other Party of any of the obligations contained herein, cannot be interpreted as a waiver of its right to avail itself of them in the future.
3. PRODUCT CHARACTERISTICS
The Products governed by the General Terms and Conditions are described and presented with the greatest possible accuracy. The Customer may refer to the presentation of the Product on the Site, which is summarized on the Order page and in the confirmation email. The Customer is expressly advised that any Product offer is subject to change. Only the Product described during the Order is due to the Customer.
Without prejudice to the provisions of the Consumer Code relating to updates, the Product purchased by the Customer is provided in its version up to date on the date of purchase.
The main and essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site https://solemnia.fr, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
4.ORDER
1. Order on the Site. After selecting the Product that he wishes to purchase on the Site, the User is directed to an Order page on which he enters his personal details (name, first name, email address, postal address, telephone number) and, where applicable, all the necessary and accurate information and contact details to enable the delivery of the Product and the invoicing of the Order. The User selects the payment methods (single payment or in several installments, payment method) according to the possibilities offered by the Seller .
2. Verification of information. The Customer is solely responsible for the accuracy of the information provided and guarantees the Seller against any false identity. The Customer may not hold the Seller liable for any failure resulting from the inaccuracy or falsehood of the information provided at the time of the Order, which will be used to deliver the Product. The Customer must ensure that he will actually be able to receive his Order at the address provided, according to the delivery times indicated when placing the Order.
3. Payment obligation. Any Order received by the Seller is deemed firm and final, entails full acceptance and adherence to these General Terms and Conditions under the conditions provided, and obligation to pay for any Product ordered.
4. Electronic signature. The online provision of the Customer's bank details and the final validation of the Order will constitute proof of the Customer's agreement and (i) the due date of the amounts due under the Order (ii) Signature and express acceptance of all operations carried out.
5. Validation of the Order. After having read and accepted the General Terms and Conditions by checking the box provided for this purpose, the Customer is directed to a summary page of his Order, on which he provides his bank details before validating his payment. It is up to the Customer to check the summary information of his Order and to rectify it if necessary, before validating the payment of the Order. This second click definitively confirms the Customer's Order.
6. Order Confirmation. The Customer receives an email confirming and summarizing his Order as soon as the payment is actually validated by the Seller or its payment service provider. The Customer must have a functional sending and receiving email box. Otherwise, he will not be able to receive written confirmation of his Order at the email address provided, nor receive the summary email of his Order.
7. Proof of the transaction. The computerized records, stored in the Seller 's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
5. PRICE CONDITIONS
1. Applicable rates. The Product ordered is sold at the rates in force appearing on the Site when the Customer's Order is registered by the Seller .
Prices are indicated in euros (€) and VAT is not applicable to the Product - article 293 B of the CGI.
2. Due date of amounts. Validation of the Order makes all amounts due under it due. By validating his Order, the Customer authorizes the Seller (or his Partners, payment service providers) to send instructions to his bank to debit the bank account whose details have been provided by the Customer, according to any due dates indicated in the summary of the Order.
3. Payment method. To pay for his Order, the Customer has the choice of all the payment methods made available to him by the Seller and listed on the Site.
The Customer chooses the method of direct debit with the proposed payment systems and services which are secure services provided by third parties to the Seller subject to their own contractual conditions over which the Seller exercises no control – in particular for information purposes for Paypal ( https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR ) . In this case, payment is made by SEPA direct debit or from the bank card information provided, depending on the payment method offered by the payment service provider and the Customer's choice. The Seller reserves the right to use the payment service providers of its choice and to change them at any time.
4. Debit authorization. By providing his banking information when placing the Order, the Customer authorizes the Seller to debit the account for the amount of the price indicated on the Site for the corresponding Product.
5. Payment facilities. If the Seller offers the Customer to pay the entire fixed price in several instalments, this is not a payment without commitment or a monthly subscription, but a payment schedule for the price of the Product. The entire price corresponding to the sum of the staggered payments is due, regardless of the number of payments envisaged and the price of the Product. The last payment date set is never scheduled more than three months after the Order and any costs are negligible. A staggered payment or any other payment facility may also be provided for the continuous supply or successive execution of goods of the same nature and under the terms of which the Customer pays the cost by staggered payments throughout the duration of the supply.
Any payment facility provided at the time of the Order does not constitute credit or microcredit. When payment in installments is offered, the first installment is paid on the day of the Order and the following installments with an interval between each payment specified in the Order summary (unless otherwise stated, one month between each payment). In this case, the Customer guarantees the validity of the banking information provided until the last scheduled payment date. The Seller reserves the right to refuse an Order with payment in installments if the bank card expires before the last scheduled payment or in the event that the secure payment service provider objects.
6. Special offers and discount vouchers. The Seller reserves the right to offer limited-time launch offers, promotional offers or price reductions on its Products and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable prices are those in effect at the time of the Customer's Order, who may not claim other prices, prior or subsequent to his Order. Discount vouchers may be subject to special conditions and are in any event strictly personal to their beneficiary and can only be used once.
7. Payment incident - Fraud. The Seller reserves the right to suspend any processing of the Order and any delivery in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment. The Seller reserves in particular the right to refuse to honor an Order from a Customer who has not fully or partially paid a previous Order or with whom a payment dispute is in progress.
The Seller may contact the Customer to request additional documents to execute the payment of the Order. The Seller may rely on the information provided by the Order analysis system. The provision of the requested documents is necessary for the Seller to confirm the Order . In order to combat credit card fraud, a visual check of the means of payment may be carried out by the Seller before delivering the Product. In the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is noted, to contact the Seller , without prejudice to the steps to be taken by the Customer with his bank.
8. Default or late payment. The interests and penalties provided by law apply in the event of default or late payment by the consumer or professional Client.
6.DELIVERY
1. Availability of stocks. The Products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the Product ordered, the Seller shall immediately inform the Customer and may offer them a Product of equivalent quality and price or, failing that, refund the Order if the Customer is a consumer. Apart from the refund of the price of the unavailable Product, the Seller shall not be liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
2. Carrier. Deliveries are made by independent carriers , to the address specified by the Customer when placing the Order and which the carrier can easily access . Unless otherwise stated on the Site at the time of the Order , this carrier are :
-Colissimo which applies its own general transport conditions ( https://www.laposte.fr/conditions-generales-de-vente ) , and
-Chronopost which applies its own general transport conditions ( https://www.chronopost.fr/fr/conditions-generales-de-vente-consommateur ), and
-Mondial Relay which applies its own general transport conditions ( https://www.mondialrelay.fr/envoi-de-colis/conditions-generales-de-ventes/ ) .
For sales requiring it, carriers are authorized to represent you for the collection and payment of VAT and customs duties.
3. Retention of title and transfer of risks. The Seller remains the owner of the Products sold until full payment of the price and the Customer undertakes, as long as ownership is not transferred to him, to take all necessary precautions for the proper conservation of the Products. Except in the case where full payment of the price has not been collected at the time of the Order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer at the time when the latter or a third party designated by him (for example, a collection point, a concierge, etc.) and other than the carrier proposed by the Seller , takes physical possession of it. In any event, when the Customer entrusts the delivery of the goods to a carrier other than that proposed by the Seller , the risk of loss or damage to the Product is transferred to the Customer upon its delivery to the carrier.
4. Delivery time . Unless otherwise stated on the Site at the time of the Order and/or on the Order page and unless the law authorizes a longer period, the Seller undertakes to deliver any Product within a maximum of 30 days after receipt of the Order. The delivery times indicated at the time of the Order may be longer and vary taking into account the delivery contingencies of the postal services and any unforeseeable event external to the Seller or the carrier (e.g. strike).
5. Late delivery. When the ordered Product is not delivered on the date or at the end of the period mentioned on the Order form or provided for in the General Terms and Conditions, the Customer may, after having unsuccessfully requested the Seller to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium. The contract is considered terminated upon receipt by the Seller of the letter or writing informing it of this termination, unless the Seller has performed in the meantime. When the contract is terminated under these conditions, the Seller shall reimburse the Customer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated. This clause corresponds to art. L216-2 and -3 of the Consumer Code.
Unless otherwise provided by law, and unless otherwise provided herein, delays in delivery cannot give rise to damages or compensation of any kind whatsoever. The Seller reserves the right to forward the Customer's complaint to the carrier responsible for delivery, which may, where appropriate, be required to request further information from the Customer regarding the reported delay.
6. Place of delivery . The Products are delivered to the delivery address provided by the Customer when placing the Order, which cannot be changed once the Order has been finalized. Delivery may be made by direct delivery to the delivery address or to a collection point. The Customer must collect the Product ordered within eight days of the notice of availability. The Customer may be asked for any unexpired proof of identity prior to delivery of the Product. If the Product is not collected within the time limits and conditions indicated, the Order will be cancelled and the return costs will be borne by the Customer.
7. Condition of the Product. When the Product is delivered to the address indicated by the Customer when placing the Order by a carrier, it is the Customer's responsibility to check the condition of the Product delivered in the presence of the delivery person and, in the event of damage or incomplete delivery, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse delivery of the Product to the delivery person directly. If the carrier cannot prove that it has given the Customer the opportunity to check the good condition of the Products ordered, the Customer will have ten days to notify his or her reasoned protest by extrajudicial act or by registered letter to the carrier, without prejudice to the recourse available to the Customer against the Seller .
7. RIGHT OF WITHDRAWAL
1. Deadline. The Customer has the right to withdraw without giving any reason within fourteen days, for all or part of the Products ordered. This period is counted in calendar days and runs from the day after receipt of the Product by the Customer or any third party authorized for delivery, to the address indicated or to a collection point. In the case of an Order for several Products delivered separately or in the case of an Order for a Product composed of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last Product, or batch/part. If the period expires on a Saturday, Sunday or public holiday, it is extended until the expiry of the last hour of the next working day.
2. Method of exercise. To exercise the right of withdrawal, the Customer notifies his decision to withdraw from the contract by means of an unambiguous declaration by post to the address 8 Place de la République, 41100, Vendôme or by email to the address contact@solemnia.fr . The Customer may use the model withdrawal form reproduced below in a box but this is not obligatory. The burden of proof of the exercise of the right of withdrawal rests on the Customer.
3. Return of the Product. The Customer must return or return the Product for which he has withdrawn, to the Seller no later than fourteen days after sending his decision to withdraw. This deadline is deemed to have been respected if the good is returned before the expiry of the fourteen-day period under the return conditions provided. The costs of returning the products are borne by the Customer. The terms and conditions for returning the Products are specified in the article "TERMS AND CONDITIONS FOR RETURNING PRODUCTS" to which the Customer refers.
4. Reimbursement. In the event of withdrawal by the Customer, the Seller shall reimburse the price of the Product no later than fourteen days, starting from the day after the day of receipt of the Customer's decision to withdraw. The Seller shall reimburse using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this reimbursement shall not incur any costs for the Customer. The Seller may defer reimbursement until the Product is received, or until the Customer has provided proof of shipment of the Product, whichever is the earliest.
MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract. To the attention of Solèmne Didrick EI - Solemnia - 8 Place de la République 41100 Vendôme FRANCE - contact@solemnia.fr I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the product (*) below: Ordered on (*) : Name of consumer(s): Address of consumer(s): Signature of the consumer(s) (only if this form is notified on paper): Date : (*) Delete as appropriate. |
PLEASE NOTE, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE EVENT OF:
- When the Client is a professional,
- When the contract was concluded for a current or future professional purpose
- Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- Supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods liable to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- Supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
- Supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
-
Purchased after a public auction.
8.RETURN CONDITIONS
1. Address. The products must be returned to the following address: 8 Place de la République, 41100 Vendôme . The Customer will be asked to enclose in their return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid when placing the Order, as well as the withdrawal form or any other unambiguous statement regarding the exercise of the right of withdrawal, a legal or, where applicable, commercial guarantee, justifying the return of the Product.
2. Condition. The Customer must return the product in its original packaging and wrapping to ensure the return of the Product in its new condition. Any Product returned damaged, incomplete or showing any signs of wear or new odors will not be subject to any return, exchange or refund, including on the basis of the right of withdrawal.
3. Return costs. Return costs are the responsibility of the Customer, including in the event of exercising the right of withdrawal.
4. Reimbursement. After receipt of the Product, the Seller will refund the full price of the returned Product, excluding delivery costs (unless otherwise stated in the General Terms and Conditions or when the law provides for this refund). In the event of an Order for several Products and the return of only part of the Order, the refund of delivery costs will be made in proportion to the number of Products ordered and returned under the conditions provided. In the event of a return not complying with the conditions provided, no refund will be payable and the Customer will remain the owner of the returned product, which will be returned to him at his expense within a maximum of one month following notification of the refusal of reimbursement by the Seller .
9. ACCESS TO THE SITE
1. Access to the Site. The Site is accessible free of charge to any person with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. The Seller cannot be held liable for material damage related to the use of the Site. In addition, the User undertakes to access the Site using recent equipment, not containing viruses and with an up-to-date latest generation browser. The User is solely responsible for the proper functioning of his/her computer equipment and his/her access to the Internet.
2. Maintenance. The Site may be subject to maintenance operations. To this end, the Seller reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to ensure maintenance (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.
3. Contractual liability . The Seller implements all reasonable means at its disposal to ensure continuous and quality access to the Site, but is not bound by any obligation to achieve this. In particular, the Seller cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site.
10. PROTECTION OF PERSONAL DATA
The Seller respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of your data for the purpose of providing and improving the Site, commercial prospecting, management of Orders, contracts and delivery of Products, carried out from the Site, comply with the general data protection regulation (GDPR) and the Data Protection Act in its latest version.
The information requested in the forms available on the Site marked with an asterisk is mandatory and necessary for managing requests, and failure to respond in a mandatory field will make it impossible for the Seller to process Users' requests.
Personal data of natural persons will not be kept beyond the period strictly necessary for the pursuit of the purposes indicated. Certain data allowing proof of a right or contract to be established may be subject to an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions that may arise.
All Users are informed and accept that the Site may include technical devices that allow usage to be tracked (account of the connected user, IP address, type of application used, various connection and usage logs for the User account, etc.) and may be used in the context of the fight against counterfeiting, and/or to identify and/or prevent possible illicit or non-compliant use of the Site.
In accordance with the Data Protection Act and the GDPR, any person concerned by the processing carried out by the Seller has, under the conditions of applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure of their data as well as a right not to be subject to an automated decision including profiling. Where applicable, the person concerned also has the right to withdraw their consent at any time.
Any request for exercise can be sent by email to contact@solemnia.fr . Any person concerned by a processing operation has the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties.
Art. 223-2 C.Conso. The Customer's telephone contact details may be requested by the Seller as part of an Order. The consumer Customer who does not wish to be the subject of commercial prospecting by telephone is informed that he can register free of charge on a list of opposition to telephone canvassing called "Bloctel" (more information on bloctel.gouv.fr ). When the Customer is registered on this list, the Seller does not carry out telephone canvassing and may contact the Customer by telephone only for requests arising within the framework of the execution of an Order in progress and relating to the subject of this Order.
For more information on automated data processing and the methods of exercising their rights, any User can consult the confidentiality policy accessible at any time on the Site and the information notices on the cookies used by the Seller .
11. PARTNER SITES – HYPERTEXT LINKS
The User may access, via the hyperlinks on the Site, the sites of Partners or third parties, which are not subject to these General Terms and Conditions. The User is therefore invited to read the general terms and conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these third-party sites.
The User is informed that the Site may require access to other sites, designed and managed under the responsibility of third parties. No control over the contents of said sites is exercised by the Seller , who declines all responsibility with regard to their content and the use made by any third party of the information contained therein. This clause applies to all content of the Partners.
If a third-party site directs its users to the Site, the Seller reserves the right to request the removal of the hyperlink pointing to the Site if it considers that this link does not comply with its rights and legitimate interests.
12. FORCE MAJEURE OR FORTUITOUS EVENT
The execution of the Seller 's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. This suspension may concern all or part of the Order. In this case, the Seller shall notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment may give rise to restitution. If the definitive impediment is partial, only a partial restitution will be granted.
Under the conditions provided by law, Customers expressly accept that they may not invoke a case of force majeure to postpone payment (of an invoice for example) of a Product or refuse delivery of an Order placed.
The following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the case law of the courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to the Seller , natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Seller .
The Seller shall not be held liable under any circumstances for any difficulties encountered by the User or Customer in accessing the Site due to a technical or software failure or any other cause beyond its control. The Customer acknowledges that it has been informed of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result from them. Consequently, the Seller shall not be held liable for any unavailability, slowdowns or failures of the Internet network or any IT solutions, except in the event of proven negligence on its part.
13.INTELLECTUAL PROPERTY
The Seller or its Partners are the owners of all intellectual property rights relating to the Site and the Products. Intellectual property rights relate in particular but not exclusively to all content, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or the Products.
Access to the Site and/or the purchase of a Product does not confer any rights to the User or the Customer over the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site or the Products in violation of the rights of the holders of intellectual property rights over the latter.
Any use not previously authorized by the Seller or its Partners, for any reason whatsoever, of all or part of the Site or the Products may be subject to any appropriate action, in particular interruption of access to the Site or an action for infringement.
All distinctive signs used by the Seller are protected by law and any use not authorized by the Seller may give rise to prosecution.
Failure to respect the intellectual property of the Seller or its Partners will be analyzed as a serious fault of the User or Customer causing harm to the Seller who reserves the right, in this case, to request all damages.
14. CUSTOMER REFERENCES AND COMMUNICATION
1. Online reviews.
Customers may submit a review on the Site by completing the form provided for this purpose. They undertake to provide an accurate description of their consumer experience. The Customer will receive an email three days after receiving their order asking them to give their opinion on the product purchased, then a second email, seven days after the first, if the Customer has not completed the form the first time, for the same request. The Customer can unsubscribe from this automatic email via the unsubscribe link provided for this purpose at the bottom of the email.
Reviews on the Site are dated and listed in chronological order. Customers do not receive any compensation in exchange for posting a review. Published reviews remain visible on the Site until the Seller deletes them or changes the application settings.
These comments are subject to control by the Seller .
Reviews are published in their entirety. All reviews, whether positive or negative, are eligible for publication. However, a review may be refused publication for one of the following reasons:
- comment made by a person who is not a Customer;
- offensive, defamatory, hateful, discriminatory comments;
- comment containing a hyperlink to a third-party site;
- comment unrelated to the service on which the review is based;
- comment mentioning personal data;
- comment contrary to any legal or regulatory provision in force on the day of publication of the notice;
This check is carried out before the publication of the notice, within seven days of its submission by the user.
The control is carried out in a semi- automated manner, partly by computer means, partly by human intervention. The semi- automated control is used to identify illegal content, such as insulting, obscene, copyright-violating, and non-respecting the protection of personal data.
If the Seller refuses to publish the notice, the Customer will be informed by email. within seven days of the decision not to publish the comment.
Customers cannot edit a review after it has been posted.
In any event, the Seller reserves the right to contact the User who has posted a review on the Site.
2. Customer Reference. The Customer may be requested by the Seller to be cited as a purchaser of a Product. With the Customer's consent, the Seller may be authorized to mention the Customer's name, the opinion he gave to the Seller on the Product as well as an objective description of the nature of the Product sold to him in his lists of references and proposals for the attention of his prospects and customers, in particular on the Site, for promotional and advertising purposes, during interviews with third parties, communications to his staff, internal management planning documents, as well as in the event of legal, regulatory or accounting provisions requiring it.
3. Operating authorization. When the Customer sends written material, videos and/or photographs to the Seller to give his opinion or testify on the Product provided by the Seller , and where applicable issues comments or publications concerning the Seller (for example, on his social networks), to which his identifier and profile photo are attached, then the Customer authorizes the Seller to use this content for the promotion of his commercial activities. The content may be protected by image rights and/or copyright, and in this case, the Customer grants the Seller the possibility of adapting them (in form) and reproducing them on all media, in particular by presenting them as a commercial reference and/or as an opinion. For example, the Seller may take screenshots of publications on social networks concerning it or on the Product delivered to the Customer, and reproduce them on the Site as an opinion.
The Customer acknowledges that it is fully satisfied with its rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and for the entire world. The Seller reserves the right to submit to the Customer any other request for authorization to take pictures and transfer of rights, for all cases not provided for herein or on an ad hoc basis.
The Customer may request the removal of his image if it is published by the Seller by exercising his right of opposition for any reason relating to his particular situation. When the publication is based on the Customer's consent, the latter may withdraw his consent at any time. In these cases, the Seller may offer the Customer to blur the image or anonymize any other personal data.
4. Event. The provisions of the preceding paragraph apply in the same way to videos and photographs taken during any type of event (public, reserved for customers, etc.) organized or co-organized by the Seller . The recordings may be recorded and published by the Seller , including on social networks. If the Customer does not wish to appear in any possible publication of the images, he/she will be pleased to place himself/herself at the back of the room, not to participate in group photos, not to make a sign to the photographer/cameraman in whose field of view he/she could be placed.
15. CHANGES TO GENERAL CONDITIONS
The Seller reserves the right to modify the terms, conditions and notices of the General Terms and Conditions at any time and without notice in order to adapt them to changes in the Site or the evolution of its offers. The applicable conditions are those accepted by the Customer and addressed to the Customer in the event of distance selling by any means of communication on a durable medium.
The modifications to the General Terms and Conditions made by the Seller will not apply to Orders already placed, except for clauses relating to the technical development of the Site, provided that this does not result in any increase in price or alteration of the quality or characteristics to which the non-professional or consumer Customer has made their commitment.
The Customer may also be asked to accept the amended T&Cs and, failing that, the last T&Cs that were accepted will continue to apply until the Product is actually delivered. If the Seller is unable to continue performing the Contract under the previous conditions, the Customer has the option of requesting termination and reimbursement.
16. RESPONSIBILITY
1. Responsibility of Users and Customers
The User or Customer is solely responsible for the interpretations he makes of the information provided as part of the content of the Products, the advice he deduces or that has been provided to him and the adaptations made for his own activities. The use of the information is done under the sole responsibility of the Customer and at his own risk, which the Customer expressly accepts.
When the Product is delivered with instructions for use or any user guide, including by reference to a URL link, the Customer undertakes to read them and use the Product in accordance with the recommendations provided.
In the exchange spaces, the Client assumes, as publisher, the responsibility for communicating information to the public and the editorial responsibility for all its communication, physical and online and in particular but not exclusively for its site(s), blogs, pages and accounts on social networks. The Client is solely responsible for the quality, legality and relevance of the data and content that it transmits to the public.
2. Limitation of liability towards Professional Clients
Regardless of the type of Product ordered by the Professional Customer, the Seller 's liability is expressly limited to compensation for direct damages proven by the Professional Customer. Under no circumstances may the Seller 's liability be incurred for indirect damages such as loss of data, file(s), operating loss, commercial damage, loss of earnings, damage to the image and reputation of the Professional Customer.
Similarly, the Seller cannot be held responsible for direct or indirect damage caused to the User's equipment when accessing the Site, and resulting either from the use of equipment that does not meet the conditions provided, or from the appearance of a bug or incompatibility.
IN ANY EVENT, THE COMPANY'S LIABILITY TO PROFESSIONALS IS CAPPED AT THE AMOUNT OF THE PRICE PAID EXCL. TAXES BY THE CUSTOMER IN CONSIDERATION FOR THE SUPPLY OF THE PRODUCT IN WHICH THE DISPUTE AROSE. THIS AMOUNT IS UNDERSTOOD AS THE MAXIMUM THAT COULD BE BROUGHT TO PAY THE COMPANY AS COMPENSATION (DAMAGES) AND PENALTIES, WHATEVER THE HEADS OF ALLEGED DAMAGES AND THE LEGAL BASES ADOPTED, UNLESS THE LAW OR JURISPRUDENCE PROHIBITS THIS.
17. GUARANTEES
1. Conditions. It is recalled that the legal guarantees of conformity and against hidden defects are provided below for the benefit of Customers who are consumers or non-professionals and assume normal use of the Products according to current practices. These guarantees apply outside of any commercial guarantee.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them. If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the good occurs after a period of 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 costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good; 4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand. The consumer is not entitled to rescission of the sale if the lack of conformity is minor. Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property. The above rights arise from the application of the articles L. 217-1 to L. 217-32 of the Consumer Code. Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover ( Article L. 241-5 of the Consumer Code ). The consumer also benefits from the legal guarantee of hidden defects in application of the Articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund upon return of the item. |
18.GENERAL INFORMATION
The General Terms and Conditions and all purchase and sale transactions referred to therein are governed by French law. The General Terms and Conditions and the Site are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
In the event that a clause of the T&Cs proves to be null, inapplicable, unenforceable or of no effect, this will not result in the nullity of the T&Cs and the validity of the other provisions shall not be affected.
The Customer accepts that the Seller may assign this contract to its affiliated companies or to a purchaser without its prior consent, to the extent that this assignment is not likely to result in a reduction of the rights of the consumer Customer.
19. DISPUTES
1. Amicable resolution. In the event of a dispute, the Customer will contact the Seller as a priority to try to find an amicable solution.
2. Mediation.
In the event of difficulty in the application of this contract, the consumer Client residing in Europe has the possibility, before any legal action, to request the recourse of a consumer mediator identifiable on the site https://www.economie.gouv.fr/mediation-conso
The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can contact the Online Dispute Resolution (ODR) platform accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .
Dispute between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE SELLER RELATING TO THE SERVICE, INTERPRETATION , EXECUTION AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF THE COMPANY'S HEAD OFFICE, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY APPEAL, EVEN FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES BY WAY OF SUMMARY PROCEEDINGS OR APPLICATION.
This clause cannot be extended to consumers.