English
General Terms of Sale
These terms and conditions of sale ('General Terms') apply to any purchase made by a user/natural person (hereinafter the "CLIENT") on the website https: //www.creauni.com/ from SOGEPROD SARL, registered in the register of trade and companies Paris under the number 498 793 116 00019, with its office located on 239 Rue Faubourg St Martin 75010 Paris
Tel: 01 40 38 13 19
Email: [email protected]
IMPORTANT
Any order placed on the SITE necessarily implies the full acceptance of the CLIENT's these terms and conditions.
ARTICLE 1. DEFINITIONS
The following terms have the following meaning in these Terms and Conditions:
« CLIENT »: refers to the co-contractor of the SALE, who guarantees to have consumer status as defined by French law and jurisprudence. As such, it is expressly provided that the CLIENT is a natural person acting for purposes that are not part of its commercial activity.
« LIVRAISON »: refers to the first presentation of PRODUITS ordered by the CLIENT at the delivery address indicated at the time of the order.
« PRODUITS »: refers to all products available on site.
« TERRITOIRE »: refers to the Metropolitan FRANCE (excluding DOM/TOM)
ARTICLE 2. OBJECT
These Terms and Conditions govern the sale by the SALE to its CLIENTS of PRODUITS.
The CLIENT is clearly informed and recognizes that SITE is aimed at consumers and that professionals should contact the commercial service of the SALE in order to benefit from separate contractual terms.
ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS
The CLIENT undertakes to read these Terms and Conditions carefully and accept them, before making payment of an order of PRODUITS placed on site.
These General Terms are listed at the bottom of each page of site and must be consulted before making the order. The CLIENT is invited to read carefully, download, print the Terms and Conditions and keep a copy.
The SALE advises the CLIENT to read the Terms and Conditions with each new order, with the latest version of the terms applying to any new PRODUITS order.
By clicking on the first button to place the order and then on the second to confirm the order, the CLIENT acknowledges that it has read, understood and accepted the Terms and Conditions without limitation or condition.
ARTICLE 4. BUYING PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CLIENT must be at least 18 years old and have the legal capacity or, if it is a minor, be able to justify the agreement of its legal representatives.
The CLIENT will be asked to provide information to identify it by completing the form available on site. The main fields must be completed for the CLIENT's order to be processed by the SALE. The CLIENT can check the status of its order on site. The tracking of LIVRAISONS can, if necessary, be carried out using the online tracking tools of some carriers. The CLIENT can also contact the SALE's sales department at any time by email at: [email protected], in order to obtain information on the status of its order.
The information that the CLIENT provides to the SALE during an order must be complete, exact and up-to-date. The SALE reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
ARTICLE 5. ORDERS
ARTICLE 5.1. PRODUCT CHARACTERISTICS
The SALE undertakes to present the essential characteristics of PRODUITS (on the fact sheets available on site) and the main information that the CLIENT must receive under applicable law. However, if minimal errors or omissions may have occurred with respect to this presentation, the SALE cannot be held liable.
Some products are guaranteed by the supplier against manufacturing defects, but not against normal wear due to regular use or misuse of the product.
Photographs illustrating the products are provided as an illustration.
Our products are offered within the limits of available stocks.
The CLIENT undertakes to read this information carefully before ordering on site.
Unless expressly stated on site, all PRODUITS sold by the SALE are new.
ARTICLE 5.2. ORDERING PROCEDURE
PRODUITS orders are placed directly on SITE. To make an order, the CLIENT must follow the steps described below (please note, however, that depending on the client's start page, the steps may differ slightly).
5.2.1. SELECTION OF PRODUCTS AND PURCHASE OPTIONS
The CLIENT will have to select the PRODUCT of its choice by clicking on the relevant PRODUIT (s) and choosing the desired characteristics and quantities. Once the PRODUIT is selected, the PRODUIT is placed in the CLIENT's basket. The latter can then add as many PRODUITS to his basket as he wishes.
5.2.2. ORDERS
Once the PRODUITS are selected and placed in their basket, the CLIENT must click on the basket and verify that the contents of their order are correct. If the CLIENT has not yet done so, it will then be asked to identify or register.
Once the CLIENT has validated the contents of the basket and has identified/registered, it will appear to its attention summarizing the price, applicable taxes and, if applicable, delivery costs.
The CLIENT is asked to verify the content of its order (including the quantity, characteristics and references of the PRODUITS ordered, the billing address, the payment method and the price) before validating its content.
The CLIENT can then proceed with the payment of PRODUITS by following the instructions on the SITE and provide all the information necessary for the billing and DELIVERY of the PRODUITS. Orders placed must include all the information necessary to properly process the order.
5.2.3. ORDER CONFIRMATION
Once all the steps described above have been completed, a page appears on site to acknowledge receipt of the CLIENT order. A copy of the receipt of the order is automatically sent to the CLIENT by e-mail, So it’s important that the email address provided through the registration form is correct.
The SALE does not send any confirmation of order by mail or fax.
5.2.4. INVOICE
During the ordering process, the CLIENT will need to enter the information necessary for the invoice to be processed by the SALE.
Especially, the CLIENT must clearly register all the information relating to the LIVRAISON, in particular the exact address of LIVRAISON, as well as any possible access code to the ADRESSE of LIVRAISON.
Neither the order that the CLIENT makes online, nor the acknowledgement of receipt of the order that the SALE sends to the CLIENT by e-mail constitute an invoice. Regardless of the ordering or payment method used, the CLIENT will receive the original invoice at the RODUITS LIVRAISON, inside the package.
ARTICLE 5.3. ORDER DATE
The date of the order is the date on which the SALE acknowledges the order's online receipt. The delay listed on the SITE do not start to run until that date.
ARTICLE 5.4. PRICE
For all PRODUITS, the CLIENT will find on the SITE prices displayed in euros all taxes included, as well as applicable delivery costs.
Prices include in particular the value-added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of PRODUITS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUIT sold.
Prices of suppliers for SALE are subject to change. As a result, the prices listed on the SITE may change. They can also be changed in case of special offers or sales.
The prices shown are valid, unless there is a gross error. The applicable price is the price shown on the SITE on the date the order is placed by the CLIENT.
ARTICLE 5.5. PRODUCT AVAILABILITY
The unavailability of a PRODUIT is in principle indicated on the page of the product concerned. CLIENTS can also be informed of the restocking of a PRODUIT by the SALE.
In any event, if the unavailability was not indicated at the time of the order, the SALE undertakes to notify the CLIENT without delay if the PRODUIT is unavailable.
The SALE may, at the request of the CLIENT:
Either propose to ship all PRODUITS at the same time as soon as the out-of-stock PRODUITS are available again,
Either offer an alternative PRODUCT of equivalent quality and prices, accepted by the CLIENT.
If the CLIENT decides to cancel its order of unavailable PRODUITS, it will obtain reimbursement of all sums paid for the PRODUITS as soon as possible.
ARTICLE 6. RIGHT OF RETRACTION
The terms of the right of withdrawal are provided for in the "retraction policy," a policy available in Appendix 1 of these.
ARTICLE 7. PAYMENT
ARTICLE 7.1. MEANS OF PAYMENT
The CLIENT can pay for its PRODUITS online on the SITE according to the means proposed by the SALE.
The CLIENT assures the SALE that it has all the necessary authorizations to use the chosen means of payment.
The SALE will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on SITE.
As such, it is specified that all payment information provided on site is transmitted to the bank and is not processed on site.
ARTICLE 7.2. PAYMENT DATE
In the event of a payment by credit card, the CLIENT's account will be debited as soon as the ORDER of PRODUITS placed on site.
ARTICLE 7.3. DELAY OR REFUSAL TO PAY
If the bank refuses to charge a card or other means of payment, the CLIENT will have to contact the SALE Customer Service to pay for the order by any other valid payment method.
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money owed by the CLIENT would prove impossible, the order would be cancelled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract with the CLIENT for an order of more than 120 euros TTC will be archived by the SALE for a period of five (5) years.
The SALE 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 SALE will 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 SALE remains the owner of the PRODUITS delivered until their full payment by the CLIENT.
The above provisions do not interfere with the transfer to the CLIENT, at the time of receipt by the CLIENT, or by a third party designated by it other than the carrier, of the risk of loss or damage to the PRODUITS subject to the property reserve, as well as risk of damage they may cause.
ARTICLE 10. DELIVERY
The products DELIVERY terms are included in the "delivery policy" covered in Appendix 2 of the present and accessible at the bottom of each SITE page via a hyperlink.
ARTICLE 11. PACKAGING
PRODUITS will be packaged in accordance with current transportation standards to ensure maximum protection for PRODUITS during LIVRAISON.
ARTICLE 12. GUARANTEES
Article 12.1. COMPLIANCE GUARANTEE
Article L.211-4 of the Consumer Code: "The seller is required to deliver a property in accordance with the contract and is liable for compliance defects that exist at the time of issuance. It also responds to non-compliance resulting from packaging, assembly instructions or installation when it has been paid for by the contract or has been carried out under its responsibility. »
Article L.211-5 of the Consumer Code: "To comply with the contract, the property must:
(1) Be clean to the usually expected use of a similar property and, if necessary:
- match the description given by the seller and possess the qualities that the seller 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, the producer or his representative, particularly in advertising or labelling;
(2) Or to present the characteristics defined by the parties by the parties or to be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the seller has accepted. »
The SALE is required to deliver a PRODUCT that is specific to the expected use of a similar property and corresponding to the description given on site. This compliance also assumes that the PRODUIT has the qualities that a buyer can legitimately expect in light of the public statements made by the SALE, including in advertisements and on labelling.
In this context, the SALE is likely to be responsible for existing non-compliance during the issuance and compliance defects resulting from the packaging, assembly instructions or installation when it has been put in its care or has been carried out under his responsibility.
The action resulting from the non-compliance is prescribed by two (2) years from the issuance of the PRODUIT. (Article L.211-12 of the Consumer Code)
In the event of a non-compliance, the CLIENT may request the replacement or repair of the PRODUIT, at its choice.
However, if the cost of choosing the CLIENT is clearly disproportionate to the other option, given the value of the PRODUIT or the size of the default, the SALE will be able to make a refund, without following the option chosen by the Client.
In the event that a replacement or repair is not possible, the SALE undertakes to return the price of the PRODUIT as soon as possible upon receipt of the returned PRODUIT and in exchange for the return of the PRODUIT by the CLIENT to the following address: SOGEPROD 239 Rue Fbg St Martin 75010 Paris
It is specified that this legal guarantee of compliance applies independently of the commercial guarantee granted, if any, on PRODUITS.
Article 12.2. Guarantee of hidden defects
The SALE is bound by the warranty because of the hidden defects of the produit sold that make it unsuitable for the use to which it is intended, or which so diminish this
client would not have acquired it, or given only a lower price, if it had known them. (Article 1641 of the Civil Code)
This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUIT if it is returned and the refund of part of its price, if the PRODUIT is not returned.
In the event that a replacement or repair is not possible, the SALE undertakes to return the price of produit within thirty (30) days upon receipt of the returned PRODUIT and in exchange for the return of the PRODUIT by the CLIENT to the following address 239 Fbt St Martin Street 75010 Paris, France.
The action resulting from the defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1st of Article 1648 of the Civil Code)
ARTICLE 13. RESPONSABILITY
The SALE will not be liable in the event of non-performance or misperformance of contractual obligations attributable to the CLIENT, particularly when the order is entered.
The SALE may not be held responsible, or considered to have failed here, for any delay or non-performance, where the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the courts and French courts.
It is also specified that the SALE does not control websites that are directly or indirectly linked to SITE. As a result, it excludes any liability for the information published there. Links to third-party websites are provided only as an indication and no guarantee sits on their content.
ARTICLE 14. POLICY
The SALE collects personal data about its CLIENTS on site, including through cookies. CLIENTS can disable cookies by following instructions provided by their browser.
The data collected by the SALE is used to process orders placed on site, manage the CLIENT's account, analyze orders and send it commercial prospecting letters,newsletters,promotional offers and/or information about special sales, unless the CLIENT no longer wishes to receive such communications from SALE.
CLIENTS can opt out at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
All or part of the data can be shared with SALE service providers involved in the ordering process. For commercial purposes, SALE may transfer the names and contact details of its CLIENTS to its business partners, provided that they have given their prior consent when registering on site.
In accordance with Law 78-17 of 6 January 1978 relating to computer files and freedoms, the CLIENT has the right to access, rectification, opposition (for legitimate reasons) and the deletion of its personal data. He can exercise this right by e-mailing [email protected]
It is specified that the CLIENT must be able to justify its identity, either by scanning an ID or by sending the SALE a photocopy of its ID.
ARTICLE 15. CLAIMS
Any written complaint from the CLIENT should be forwarded to the following email address:
ARTICLE 16. INTELLECTUAL PROPERTY
All visual and sound elements of SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of SALE. Anyone who publishes a website and wants to create a direct hyperlink to SITE must request SALE permission in writing.
This authorization from sale will not be granted definitively. This link will have to be removed at the request of SALE. Hyperlinks to SITE that use techniques such as framing or in-line linking are strictly prohibited.
ARTICLE 17. VALIDITY OF TERMS AND CONDITIONS
Any change in the law or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions, sit cannot affect the validity of these Terms and Conditions as a whole. Such an amendment or decision does not in any way authorize CLIENTS to ignore these Terms and Conditions.
All conditions not expressly dealt with herein will be governed in accordance with the use of the retail sector, for companies headquartered in France.
ARTICLE 18. CHANGING THE TERMS AND CONDITIONS
These Terms and Conditions apply to all purchases made online on SITE, as long as site is available online.
The Terms and Conditions are accurately dated and can be changed and updated by the SALE at any time. The applicable Terms and Conditions are those in effect at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUITS already purchased.
ARTICLE 19. JURISDICTION AND APPLICABLE LAW
These Terms and Conditions and relations between the CLIENT and the SALE are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to the arbitration or state judge, negotiation will be preferred in a spirit of loyalty and good faith in order to reach an amicable agreement when any conflict arises relating to this contract, including its validity.
The client has the option of using conventional mediation or any other alternative method of dispute resolution in the event of a dispute dispute over the order.
The party wishing to implement the negotiation process will have to inform the other party by letter recommended with acknowledgement, indicating the elements of the dispute. If, after a period of fifteen (15) days, the parties could not reach an agreement, the dispute would be referred to the relevant court designated below.
Throughout the negotiation process and until its outcome, the parties prohibit themselves from taking any legal action against each other and for the conflict that is the subject of the negotiation. By exception, the parties are entitled to apply to the court of the referees or to seek an order on request. Any action before the court of the referees or the implementation of a procedure on request does not result in any waiver of the amicable arrangement clause on the part of the parties,
unless expressly contrary.
ANNEX 1: RETRACTION POLICY
PRINCIPLE OF RETRACTION
The CLIENT has the right, as a matter of principle, to return or return the PRODUIT to the SALE or to a person designated by the latter, without excessive delay, and no later than fifteen days after the disclosure of its decision to retract, unless the SALE proposes to recover the PRODUIT himself.
WITHDRAWAL PERIOD
The withdrawal period expires fifteen (15) calendar days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUIT.
If the client order covers several PRODUITS and these PRODUITS are delivered separately, the withdrawal period expires fifteen (15) days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUIT.
NOTIFICATION OF RIGHT OF WITHDRAWAL
In order to exercise its right of withdrawal, the CLIENT must notify its decision to retract itself by means of an unambiguous statement at the following email address: [email protected]
In order for the withdrawal period to be met, the CLIENT must submit its communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
EFFECTS OF RETRACTION
In the event of a withdrawal on the part of the CLIENT, the SALE undertakes to reimburse all the sums paid except the delivery costs without excessive delay and, in any event, no later than fifteen (15) days from the day the SALE is informed of the client's willingness to retract.
The SALE will make the refund using the same payment method that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees on a different means, in any event, this refund will not incur a fee for the CLIENT.
The SALE may defer the refund until the property is received.
RETOUR MODALITY
The CLIENT must, without excessive delay and, in any event, no later than fifteen (15) days after communication of its decision to withdraw from this contract, return the property, to: 239 Rue Faubourg Saint Martin 75010 Paris, France.
This period is deemed to be met if the CLIENT returns the property before the 15-day period expires.
RETURN COSTS
The return costs are the responsibility of the CLIENT who must first request a return to customer service by email at the following address: [email protected]. Upon receipt of the parcel by the SALE, it is processed within 3 working days.
RETURNED PROPERTY
The PRODUIT must be returned according to the salesman's instructions and include all accessories delivered.
The client is only liable for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the opportunity to test the PRODUIT but its liability may be incurred if it performs manipulations other than those required.
PACKAGING
PRODUITS are packaged in accordance with current transport standards to ensure maximum protection for PRODUITS during LIVRAISON. CLIENTS must meet the same standards when returning PRODUITS. As such, the CLIENT is invited to return the PRODUIT not suitable for it in its original packaging and in good condition, proper to its remarketing.
ANNEX 2: DELIVERY POLICY
DELIVERY AREA
The proposed PRODUITS can be delivered on the TERRITORY and Outside TERRITORY.
PRODUITS are shipped to the delivery address that the CLIENT will have indicated during the ordering process.
EXPEDITION TIME
The time to prepare an order and then establish the invoice, before shipping the PRODUITS in stock varies from 3 to 7 days depending on the period of activity. These deadlines are understood outside weekends or holidays.
An e-mail message will be automatically sent to the CLIENT at the time of the PRODUITS shipment, provided the e-mail address provided is correct.
DELAYS - DELIVERY COSTS
During the ordering process, the SALE tells the CLIENT the possible shipping times and formulas for purchased PRODUITS.
The shipping time includes the preparation time (1 day) plus the delivery time of the order (48 hours on average, working days) and subject to availability of the goods. The announced deadlines are off weekends and public holidays. Additional time may be required to validate your order or receive your payment.
It is possible to contact the SALE to address your request via the email address: [email protected] by telling us the reference and the size of the desired item, we will give you an indicative delivery time. Similarly, no compensation can be claimed if an item cannot be delivered: either as a result of an unplanned production stoppage, or as a result of strikes, accidents, natural disasters, inability to obtain supplies or any other causes beyond our control.
Incomplete or non-compliant delivery (due to carrier)
The package may be damaged or the contents of the package may have been partially or completely stolen. If you notice such an error, please mention it on the carrier's voucher and refuse the product by sending it back to us with a "spoofing statement" statement.
In the event that you become aware of this error after the carrier leaves, please report it to us via the email address [email protected] within a maximum of 72 business hours following receipt of the order. In accordance with Article L.133-3 of the Code of Commerce, please address your LRAR-motivated protest to the carrier within 3 days (not including public holidays).
Livraison incomplète ou non-conforme (du fait du SALE)
Malgré le soin apporté à la préparation des commandes, il se peut qu'un produit soit manquant dans celle-ci, ou qu'une erreur se soit produite lors de la préparation.
Si vous constatez une telle erreur, veuillez signaler celle-ci sur le bordereau du transporteur et nous informer au plus tôt et si possible dans les 72h ouvrables suivant la réception de la commande.
Ce signalement peut se faire via l’adresse e-mail.
COLIS PERDU
Dans le cas où un colis serait perdu par l'un de nos prestataires transporteurs, veuillez nous en informer le plus rapidement possible par mail à [email protected]
Le SALE effectuera une enquête auprès des services concernés.
FRAIS DE LIVRAISON
En France métropolitaine
Frais de port GRATUIT pour tout achat à partir de 100 euros d’achat. Pour toute commande inférieure à 100 euros, les frais de port seront facturés 8 euros.
En Europe
Frais de port Gratuit pour tout achat à partir de 150 euros d’achat. Pour toute commande inférieure à 150 euros d’achat, les frais de ports seront facturés 12€.
A l’ international
Pour toute commande à l’international, merci de nous contacter par mail, afin de convenir la modalité de livraison.
PROBLÈMES DE LIVRAISON
Le CLIENT est informé de la date de livraison fixée au moment où il choisit le transporteur, à la fin de la procédure de commande en ligne, avant de confirmer la commande.
Il est précisé que les livraisons seront effectuées sous trente (30) jours maximum. A défaut, le CLIENT doit mettre en demeure le SALE de livrer dans un délai raisonnable et en cas de non livraison dans ce délai, il pourra résilier le contrat.
Le SALE remboursera, sans retard excessif à compter de la réception de la lettre de résiliation, au CLIENT le montant total payé pour les PRODUITS, taxes et frais de livraison inclus, au moyen du même mode de paiement que celui utilisé par le CLIENT pour acheter les PRODUITS.
Le SALE est responsable jusqu'à la livraison du PRODUIT au CLIENT. Il est rappelé que le CLIENT dispose d'un délai de trois (3) jours pour notifier au transporteur les avaries ou pertes partielles constatées lors de la livraison.