GENERAL TERMS AND CONDITIONS OF SALE
The present general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a visitor / natural person (hereinafter "CLIENT") on the website www.ez-robotpiscine.com (hereinafter the " SITE ") at WISENET, Eurl registered in the register of commerce and companies in TROYES
under the number 479969495 , having its head office 8 Rue des Frères Michelin,
France Tel : 0325499531,
email : email@example.com (hereinafter the " SELLER ").
Any order placed on the SITE necessarily implies the full and unreserved acceptance by the CUSTOMER of these general conditions of sale.
Article 1. Definitions
The terms used below have, in these General Conditions, the following meanings :
- "CLIENT " : means the SELLER's counterparty, which guarantees that it has the quality of consumer as defined by the law and French jurisprudence. In this respect, it is expressly provided that CLIENT is outside any usual activity or business.
- "DELIVERY " : means the first presentation of PRODUCTS ordered by the CUSTOMER to the delivery address indicated during the order.
- "PRODUCTS " means all products available on the SITE.
- "TERRITORY " : means the Metropolitan FRANCE (excluding DOM/TOM).
Article 2. Object
These terms and Conditions govern the sale by the SELLER to its CUSTOMERS PRODUCTS.
The CUSTOMER is clearly informed and recognizes that the SITE is geared to consumers and that professionals should contact the commercial service of the SELLER in order to benefit from contractual terms distinct
Article 3. Acceptance of the general terms and conditions
The CLIENT agrees to carefully read these General terms and Conditions and accept them, before proceeding to the payment of a control PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE via a link and must be consulted prior to making an order. The CLIENT is invited to read, download, print General Conditions and keep a copy.
The SELLER advises the CUSTOMER read the terms and Conditions to each new command, the latest version of these terms and Conditions shall apply to all new orders of PRODUCTS.
By clicking on the first button to place the order and then the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to buy a PRODUCT, the CUSTOMER must be aged at least 18 years of age and have the legal capacity or, if he is a minor, to be able to justify the agreement of their legal representatives.
The CLIENT will be asked to provide information on how to identify it by completing the form available on the WEBSITE. The sign (*) indicates mandatory fields that must be filled in for the CUSTOMER's order is processed by the SELLER. The CUSTOMER can check on the WEBSITE the status of your order. The follow-up of DELIVERIES may, where appropriate, be carried out using the tools of online tracking from certain carriers. The CLIENT can also contact the commercial service of the SELLER at any time, by mail, to the address firstname.lastname@example.org in order to obtain information on the status of your order.
The information that the CUSTOMER provides to the SELLER when an order must be complete, accurate and up-to-date. The SELLER reserves the right to request the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
Article 5.1 Characteristic of the products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and mandatory information that the CUSTOMER must receive under applicable law (in these Terms).
The CUSTOMER undertakes to read this information carefully before you place an order on the SITE.
Unless otherwise expressly stated on the SITE, all PRODUCTS sold by the SELLER are new and comply with the european legislation in force and to standards applicable in France.
Article 5.2. Procedure command
PRODUCT orders are directly placed on the SITE. To perform a command, the CLIENT must follow the steps described below (please note, however, that, depending on the start page of the CLIENT, the steps may be slightly different).
5.2.1. PRODUCT selection and purchase options
The CUSTOMER will have to select the(s) PRODUCT(s) of his choice by clicking on the(s) PRODUCT(s) concerned(s) and selecting the characteristics and the quantities desired. Once the selected PRODUCT, the PRODUCT is placed in the basket of the CUSTOMER. This last can then add it to his shopping cart as many PRODUCTS as he wants.
Once the PRODUCTS have been selected and placed in his shopping basket, the CUSTOMER must click on the shopping cart and verify that the contents of the command is correct. If the CLIENT has not yet done so, it will then be prompted to log in or to register.
Once the CUSTOMER has validated the contents of the basket and it will be identified / registered, will appear to his attention an online form completed and automatically summarizing price, applicable taxes and, where applicable, the costs of delivery.
The CLIENT is invited to verify the content of its order (including quantity, characteristics, and references PRODUCTS ordered, billing address, payment method and price) before validating its content.
The CLIENT can then proceed with the payment of the PRODUCTS by following the instructions contained on the SITE and provide all the information necessary for billing and DELIVERY of PRODUCTS. For 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 delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by electronic mail, provided the email address provided through the registration form is correct. .
The SELLER does not send any confirmation of order by postal mail or by fax.
During the order procedure, the CUSTOMER will have to enter the information necessary for billing (the sign (*) indicate mandatory fields that must be filled out for the CUSTOMER's order is processed by the SELLER).
The CLIENT shall clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any access code to the DELIVERY address.
The CUSTOMER shall then specify the method of payment chosen.
Neither the purchase order that the CUSTOMER establishes online or acknowledgment of receipt of the order the SELLER sends to the CUSTOMER by email does not constitute an invoice. Whatever the mode command or payment, The CUSTOMER will receive the original invoice to the DELIVERY of the PRODUCTS inside the parcel.
5.3. Date of the order
The order date is the date on which the SELLER acknowledges receipt in the command line. The times indicated on the WEBSITE do not begin to run as from this date.
For all PRODUCTS, the CUSTOMER will find on the WEBSITE the price displayed in euros all taxes included, as well as any applicable delivery charges (depending on the package weight, excluding packaging and gifts, SHIPPING address and the carrier or mode of transport chosen).
Prices include in particular the value added tax (VAT) at the rate in force at the date of the order. Any change in the applicable rate may impact 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 prices of SELLER's vendors are likely to be modified. As a result, the prices indicated on the SITE may change. They can also be modified in the case of offers or special sales.
The prices indicated are valid, except for gross error. The applicable price is that indicated on the SITE at the date on which the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is, in principle, indicated on the PRODUCT page concerned. CUSTOMERS can also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if the unavailability was not specified at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT :
Either propose to ship all PRODUCTS at the same time as soon as the backordered PRODUCTS will be available again,
Or make a partial shipment of the available PRODUCTS in a first time, and then to the shipping of the rest of the command when other PRODUCTS will be available, subject to clear information concerning the additional transport costs which may be incurred,
Either offer an alternative PRODUCT quality and equivalent price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel its order for PRODUCTS unavailable, it will be refunded all the amounts paid for PRODUCTS that are unavailable at the latest within thirty (30) days of the payment.
Article 6. Right of withdrawal
The modalities of the right of withdrawal are provided in the "policy cancellation" policy available in Appendix 1 of these and accessible at the bottom of each page of the SITE via a hyperlink.
Article 7. Payment
7.1. Payment methods
The CUSTOMER can pay its PRODUCTS online on the SITE following the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he holds all the necessary authorizations to use the payment means selected.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the SITE.
It is noted that all of the payment information provided on the SITE are transmitted to the bank SITE and are not processed on the SITE.
7.2. Date of payment
In the case of single payment by credit card, the CUSTOMER's account will be debited as soon as the order of PRODUCTS placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the account of the CLIENT at the earliest when the first package will be shipped. If the CUSTOMER decides to cancel its order for PRODUCTS unavailable, the refund will be made in accordance with the last paragraph of section 5.5 of these terms and Conditions.
7.3. Delay or refusal of payment
If the bank refuses to charge a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER in order to pay the order by any other means of valid payment.
In the event that, for any reason whatsoever, opposition, refusal or other transmission of the flow of money owed by the CUSTOMER would prove impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Evidence and Archiving
Any contract concluded with the CLIENT corresponding to an order of an amount in excess of 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the consumer code.
The SELLER agrees to archive this information to track transactions and produce a copy of the contract at the request of the CLIENT.
In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CUSTOMER.
The above provisions do not preclude the transfer to the CUSTOMER, at the time of the receipt by him, or by a third party designated by him other than the carrier, risk of loss or damage to the PRODUCTS subject to reservation of ownership, as well as the risks of damage that they can cause.
Article 10. Delivery
The terms and conditions of DELIVERY of the PRODUCTS are provided in the " policy delivery ", as referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hyperlink.
Article 11. Packaging
The PRODUCTS will be packed in accordance with the standards of transport in force, in order to ensure maximum protection for PRODUCTS during DELIVERY. CUSTOMERS agree to abide by the same standards when returning PRODUCTS under the conditions laid down in Annex 1 – Policy of withdrawal.
Article 12. Guarantees
12.1. Compliance guarantee
Article L. 211-4 of the Consumer Code : "The seller must deliver goods in conformity with the contract and answers defects of compliance existing during the issuance. He also answers defects of conformity resulting from the packaging, instructions for assembly or installation when it was put at its load by the contract or was realized under its responsibility. "Article L. 211-5 of the Consumer Code : to conform To the contract, the good must :
1° Be fit for the use habitually expected of a similar good and, if applicable :
- match the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model ;
- present the qualities that a purchaser can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling ;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable to any special use sought by the purchaser, brought to the knowledge of the seller and the latter accepted.
The SELLER is bound to deliver a compliant PRODUCT that is suitable for the use expected of a similar and corresponding to the description given on the SITE. This compliance also assumes that the PRODUCT has the qualities that a purchaser can legitimately expect given the public statements made by the SELLER, including in advertisements and on the labels
In this framework, the SELLER is likely to respond to the defects of conformity existing upon delivery and defects of conformity resulting from the packaging, instructions for assembly or installation when it was put to him, or has been, carried out under its responsibility.
The action resulting from the defect of conformity is prescribed by two (2) years from the date of delivery of the PRODUCT. (Article L. 211-12 of the French Consumer Code)
In case of lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other viable option, given the value of the PRODUCT or the importance of the defect, the SELLER shall have the right to a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or repair would be impossible, the SELLER agrees to refund the purchase price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER at the following address 8 Rue des Frères Michelin.
Finally, the CLIENT is taught to report the proof of the existence of lack of conformity of the PRODUCT during the six (6) months following the delivery of the goods.
It is stated that the present legal guarantee of conformity applies, independently of the commercial guarantee given, if any, on the PRODUCTS.
12.2. Warranty against hidden defects
The SELLER is obliged to guarantee in respect of hidden defects of the PRODUCT sold which render it unfit for the use for which it was intended, or which so impair that use that the CUSTOMER would not have acquired it or would only have given a lesser price if he had known. (Article 1641 of the Civil Code)
This warranty allows the CUSTOMER who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if it is returned and the refund of a portion of its price, if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER agrees to refund the purchase price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER at the following address 8 Rue des Frères Michelin. The action resulting from latent defects must be brought by the CUSTOMER within a period of two (2) years after the date of discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Article 13. Responsibility
The SELLER's liability shall in no case be engaged in case of non-performance or improper performance of the contractual obligations attributable to the CUSTOMER, in particular during the entry of his order.
The SELLER shall not be liable for, or considered as having breached these terms, for any delay or failure to perform, when the cause of the delay or non-performance is related to a case of force majeure as defined by jurisprudence of French Courts and tribunals.
It is also specified that the SELLER does not control web sites that are directly or indirectly related to the SITE. Accordingly, it excludes all liability in respect of the information published. Links to third party web sites are provided as a guide only and no warranty is provided as to their content.
Article 14. Personal data
The SELLER collection on the SITE personal data about its Customers, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process the orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send e-mail to commercial prospecting, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.
The CUSTOMER data are kept confidentially by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or clicking on the hyperlink provided at the bottom of each offer received by e-mail.
The data may be disclosed, in whole or in part, to service providers of the VENDOR involved in the ordering process. For commercial purposes, the SELLER may transfer its business partners the names and contact information of its CUSTOMERS, provided that the latter have given their prior consent upon registration on the SITE.
The SELLER will specifically instruct CLIENTS if they want their personal data to be disclosed. CUSTOMERS will be able to change your mind at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask its CLIENTS if they wish to receive commercial solicitation of its partners.
In accordance with the law n°78-17 of 6 January 1978 relating to computers, files and freedoms, the CUSTOMER has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He may exercise this right by sending an email to the address : email@example.com or by sending an e-mail at 8 Rue des Frères Michelin.
It is specified that the CUSTOMER must be able to justify of its identity, or by scanning an identity document, either by sending the SELLER a photocopy of his identity card.
Article 15. Claims
The SELLER shall provide the CUSTOMER a "Service telephone Client" at the following number : (number not surcharged).
Any claim by the CUSTOMER in writing must be sent to the following address : 8 Rue des Frères Michelin.
Article 16. Ip
All visual and sound elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. Any person who publishes a web site and wants to create a hyperlink direct to the WEBSITE should request the SELLER's permission in writing.
This authorization SELLER shall in no case be granted permanently. This link must be removed at the request of the SELLER. The hypertext links to the SITE that use techniques such as framing (framing) or the insertion by the hyperlinks (in-line linking) are strictly prohibited.
Article 17. Validity of the General terms and Conditions
Any change to the legislation or regulations in force, or any decision of a competent court invalidating one or more provisions of these Terms and conditions shall not affect the validity of these General terms and Conditions. Such a change or decision does not in any case the CUSTOMERS to disregard the present General Conditions.
All conditions not specifically addressed herein shall be governed in accordance with the use of the trade sector to individuals, for companies whose headquarters are located in France.
Article 18. Modification of terms and Conditions
These Terms and conditions apply to all purchases made online on the WEBSITE, as the SITE is available online.
The General terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
The modifications to the General Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General terms and Conditions and the relationship between the CUSTOMER and the SELLER are governed by French law.
In case of dispute, only French courts will be competent.
However, prior to any recourse to the judge, arbitral or of the state, will be privileged the negotiation in a spirit of loyalty and good faith to reach a mutual agreement upon the occurrence of any dispute relating to this contract, including concerning its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to agree, the dispute shall be submitted to the competent court designated below.
During the whole negotiation process and until its termination, the parties shall not exercise any legal action, one against the other and to the conflict object of the negotiation. By way of exception, the parties are permitted to enter the court hearing the application or to seek the issuance of an order on the application. A potential action before the court hearing the application or the implementation of a procedure on query results from the parties, no waiver of the clause of amicable arrangement, unless otherwise expressly stated.
POLICY OF WITHDRAWAL
Principle of withdrawal
The CUSTOMER has in principle the right of return or to return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay and at the latest within fourteen (14) days after communication of its decision to withdraw from the contract, unless the SELLER offers to collect the PRODUCT.Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and indicated by the CUSTOMER acquires, physical possession of the PRODUCT.
In the case where CUSTOMER has ordered several PRODUCTS through a single order giving rise to multiple DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and indicated by the CUSTOMER acquires, physical possession of the last PRODUCT delivered.Notification of the right of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify its decision to withdraw from this contract by means of a statement devoid of ambiguity to : 8 Rue des Frères Michelin or firstname.lastname@example.org.
He can also use the form below :
FORM OF WITHDRAWAL
To the attention of [*] (*contact Details of the SELLER)
Telephone number of the SELLER* :
Fax number of the SELLER* :
E-mail address of the SELLER* :
I want to notify you hereby my withdrawal from the contract related to the sale of the PRODUCT below :
N° of the invoice :
N° order :
- Ordered the [____________]/received the [________________]
- Means of payment used :
- Name of the CLIENT and, if applicable, of the beneficiary of the order :
- CLIENT address :
- Delivery address :
- Signature of the CUSTOMER (except in the case of transmission by e-mail)
To ensure that the withdrawal period is respected, the CLIENT must send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including the costs of delivery without undue delay and in any event not later than fourteen (14) days from the date on which the SELLER is informed of the CLIENT's desire to withdraw.
The SELLER will refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different medium, in any event, this refund will be of no cost to the customer.
The SELLER may withhold the reimbursement until receipt of goods or until the CUSTOMER has provided proof of shipment of the property, whichever is the first of these facts.How to return
The CLIENT shall, without undue delay and in any event not later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property, at : 8 Rue des Frères Michelin.
This deadline is deemed met if the CUSTOMER sends back the goods before the expiry of the period of fourteen days.Return costs
The CUSTOMER will bear the direct costs of returning the goods.State of the returned property
The PRODUCT must be returned following the instructions of the SELLER and include all accessories shipped.
The responsibility of the CUSTOMER shall only be liable in respect of the depreciation of the goods resulting from the handling other than those necessary to establish the nature, characteristics and functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT, but its responsibility may be held liable if he carries out manipulations other than those necessary.Exclusions the right of withdrawal
The right of withdrawal is excluded in the following assumptions :
- The supply of goods or services whose price depends on fluctuations in the financial market
- The supply of goods made according to CUSTOMER specifications or clearly personalized
- Supply of goods liable to deteriorate or expire rapidly
- Supply of audio or video recordings or software in sealed, which were unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides a date or period of specific performance
- Supply of goods which by their nature are mixed inseparably with other items
- Supplies of goods sealed cannot be returned for reasons of health protection or hygiene and which were unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages whose price was agreed at the time of the conclusion of the contract of sale, the delivery of which can only be done after 30 days and whose actual value depends on fluctuations on the market beyond the control of the SELLER
- Supply of digital content not supplied, cloud-based if the performance has begun with the express prior consent of the consumer, which also acknowledged that he will lose his right of withdrawal
- the contracts concluded at a public auction
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped (to) address(s) of delivery that the CUSTOMER will have indicated(s) during the order process.
The time to prepare a command and then generate the invoice before shipping PRODUCTS in stock are mentioned on the SITE. These times are exclusive of weekends or holidays.
An email message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address listed in the registration form is correct.
Times & delivery Charges
During the order process, The SELLER informs the CLIENT of the time limits and forms of shipping options for PRODUCTS purchased.
Shipping costs are calculated based on the mode of delivery. The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
The details of the time and cost of delivery is detailed on the SITE.
Terms of DELIVERY
The parcel will be returned to the CLIENT against signature and upon presentation of an identity document.
In case of absence, a notice will be left to the CLIENT, to allow him to go get his package at his post office.
The CLIENT is informed of the delivery date fixed at the moment when he chooses the carrier, at the end of the online order process, before confirming the order.
It is stated that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non delivery within this time period, it may terminate the contract.
The SELLER will refund, without undue delay after the receipt of the letter terminating the contract, the CUSTOMER the full amount paid for the PRODUCTS, taxes and shipping included, using the same method of payment used by the CUSTOMER to buy the PRODUCTS.
The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of damages or partial losses noted during the delivery.