These general conditions of sale (hereinafter the “General conditions”) apply to any purchase made by a user/natural person (hereafter the “customer”) on the website achat-like.com (hereinafter the “SITE”) with STORENCO, SARL registered in the register of Commerce and companies of Reims under number 534 072 962, having its registered office 18 RUE GUELOCHE, 51420 WITRY-LES-REIMS, France, email: firstname.lastname@example.org (hereinafter the “seller”).
Any order placed on the SITE implies the unconditional acceptance by the customer of these general terms and conditions of sale.
Article one. Definitions
The following terms are used in these terms and conditions:
- “Customer” means the seller’s co-contracting party, which guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly foreseen that this CLIENT acts outside of any usual or commercial activity.
- “Delivery” : means the first presentation of the products ordered by the customer at the delivery address indicated during the order.
- «Products» : means all the dematerialised products available on the site.
- «Territory» : DESIGNATES metropolitan France (excluding DOM/Tom).
Article 2. Object
These general conditions govern the sale by the seller to its customers of the products.
The customer is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the Sales Department of the seller in order to benefit from separate contractual conditions
Article 3. Acceptance of the General conditions
The customer undertakes to read carefully these terms and conditions and accept them, before proceeding to the payment of an order of products placed on the SITE.
These general terms and conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The customer is invited to read carefully, download, print the general terms and to keep a copy.
The seller advises the customer to read the terms and conditions for each new order, the latest version of these terms applying to any new order of products.
By clicking on the first button to place the order and then on the second to confirm the order, the customer acknowledges having read, understood and accepted the terms and conditions without limitation or condition.
Article 4. Purchase of products on site
In order to be able to purchase a product, the CLIENT must be at least 18 years old and have legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CLIENT will be asked to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the required fields that must be filled in order for the customer’s order to be processed by the seller. The customer can verify on the SITE the status of his order. The customer may also contact the seller’s sales department at any time by e-mail, at the address email@example.com, in order to obtain information on the status of his order.
The information that the customer provides to the seller during an order must be complete, accurate and up to date. The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated. In case of incomplete or erroneous information transmitted by the buyer, the purchaser will not be entitled to any reimbursement.
Article 5. Commands
Article 5.1 product characteristics
The seller shall endeavour to present as clearly as possible the main characteristics of the products (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under the applicable law (in These terms and conditions).
The customer undertakes to read this information carefully before placing an order on the SITE.
The seller reserves the right to modify the selection of the products available on the SITE, as well as the corresponding prices.
Article 5.2. Ordering procedure
Orders for products are directly placed on the SITE. To make an order, the customer must follow the steps described below (Please note, however, that depending on the customer’s start page, the steps may differ slightly).
5.2.1. PRODUCT selection and purchase options
The customer must select the product (s) of his choice by clicking on the product (s) concerned and choosing the desired characteristics and quantities. Once the product is selected, the product is placed in the customer’s basket. The latter can then add to his basket as many products as he wishes.
Once the products are selected and placed in their basket, the customer must click on the basket and verify that the contents of his order are correct. If the customer has not already done so, he will be asked to identify or register.
Once the customer has validated the contents of the basket and he/she has identified/registered, will be displayed to his attention an online form completed automatically and summarizing the price, the applicable taxes.
The customer is invited to check the contents of his order (including the quantity, characteristics and references of the products ordered, the billing address, the payment method and the price) before validating its contents.
The customer can then proceed to the payment of the products by following the instructions appearing on the SITE and provide all the information necessary for the invoicing of the products. For products for which options are available, these specific references appear when the right options have been selected. The orders placed must include all the information necessary for the proper processing of the order, otherwise the seller will not be held responsible for the improper processing of the order.
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 the order is automatically sent to the customer by e-mail, provided that the email address communicated through the registration form is correct.
The seller does not send any order confirmation by post or fax.
During the ordering process, the customer must enter the information necessary for invoicing (the sign (*) will indicate the required fields to be filled in order for the customer’s order to be processed by the seller).
In particular, the customer must clearly indicate all information relating to the processing of his order, in particular the exact address of the delivery URL, and ensure that it is in public mode.
The customer must then specify the payment method chosen.
Neither the purchase order that the customer establishes online, nor the acknowledgement of the order that the seller sends to the customer by email, constitutes an invoice. Regardless of the order or payment method used, the customer will receive the original of the invoice on simple request from his or her share at firstname.lastname@example.org.
5.3. Order date
The date of the order is the date on which the seller acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from that date.
For all products, the customer will find on the SITE prices displayed in euros excluding taxes.
VAT prices include in particular the value added tax (VAT) at the rate in force on the order date. 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 indicated on the SITE may change. They can also be modified in case of special offers or sales.
The prices quoted are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the customer.
5.5. Availability of products
Depending on the product concerned, the seller applies a “stretched-flow” inventory management. Therefore, depending on the case, the availability of the products depends on the seller’s inventory.
The seller undertakes to honour the orders received provided that the products are available.
The unavailability of a product is in principle indicated on the page of the product concerned. CUSTOMERS can also be informed of the replenishment of a product by the seller.
In any event, if the unavailability has not been indicated at the time of the order, the seller undertakes to inform the customer without delay if the product is unavailable.
The seller may, at the request of the customer:
Either propose to ship all products at the same time as soon as the products out of stock will be available again,
Either proceed with a partial delivery of the products available at first, then the shipment of the remainder of the order when the other products will be available, subject to clear information regarding the transport costs additional costs that may be incurred,
Either offer an alternative product of quality and equivalent price, accepted by the customer.
If the customer decides to cancel his order of unavailable products, he will obtain the reimbursement of all sums paid for the products not available at the latest within thirty (30) days of payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are those applicable to dematerialised products.
Article 7. Payment
7.1. Means of payment
The customer may pay his products online on the SITE according to the means offered by the seller.
The Customer warrants to the seller that he has all the necessary authorizations to use the chosen payment method.
The seller shall take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is hereby clarified that all information relating to the payment provided on the site is forwarded to the site Bank and is not processed on the site.
7.2. Date of payment
In case of a single payment by credit card, the customer’s account will be debited upon order of products placed on the SITE.
Once the order has been put into production by the seller, a notification mail is automatically sent to the buyer who can no longer cancel, stop or change his order
7.3. Delay or refusal of payment
If the bank refuses to debit 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 valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the cash flow owed by the customer would prove impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the customer corresponding to an order of an amount exceeding 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 in order to ensure a follow-up of the transactions and to produce a copy of the contract at the customer’s request.
In the event of a dispute, the seller 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 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 receipt by him, or by a third party designated by him, of the risks of loss or damage of the products subject to the retention of title, as well as the risks of damage that they will be able to train.
Article 10. Delivery
The terms of delivery of the products are provided in the “delivery policy” hereof and accessible at the bottom of each page of the SITE via a hyperlink.
Article 11. wrapping
Our dematerialised products are not concerned with packaging
Article 12. Guarantees
12.1. Compliance guarantee
The seller is obliged to deliver a conforming product that is appropriate for the intended use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the product presents the qualities that a purchaser may legitimately expect in relation to the public statements made by the seller, including in advertisements and labelling
In this context, the seller cannot be held responsible for bad information provided by the purchaser, especially when the seller indicates a wrong URL address. In addition, orders cannot be honored if the publications or profiles are in private mode.
In addition, the seller cannot be held responsible for the various problems related to the counters of the different social networks and the variability of these. This does not constitute a defect in conformity and does not entitles any refund or compensation.
In the event of a failure to comply with a possible physical product, 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 option, given the value of the product or the magnitude of the defect, the seller may make a refund, without following the option chosen by the client.
12.2. Guarantee of hidden defects on physical products
The products sold on the purchase-like sit are only dematerialised products, this warranty does not apply.
Article 13. Responsibility
In no event shall the seller’s liability be incurred in the event of breach or improper performance of the contractual obligations attributable to the customer, in particular when the order is entered.
The seller shall not be liable, or deemed to have failed to do so, for any delay or failure to perform, where the cause of the delay or breach is related to a case of force majeure as defined by the jurisprudence of the courts and French courts, or when it is incumbent on the application of new strategies implemented by the different social networks.
It is further clarified that the seller does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no warranties are provided as to their content.
Article 14. Policy
The seller collects personal data about its customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the seller is used to process the orders placed on the SITE, to manage the customer’s account, to analyse the orders and, if the customer has chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the customer no longer wishes to receive such communications from the seller.
The customer’s 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 by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the service providers of the seller involved in the ordering process. For commercial purposes, the seller may transfer to its trading partners the names and contact details of its customers, provided that they have given their prior consent when registering on the SITE.
The seller will ask customers specifically if they want their personal data to be disclosed. CUSTOMERS will be able to change their mind at any time on the SITE or by contacting the seller.
The seller may also ask its customers if they wish to receive commercial solicitations from its partners.
In accordance with the law n ° 78-17 of 6 January 1978 relating to information technology to files and freedoms, the CLIENT enjoys a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He may exercise this right by sending an e-mail to the address: email@example.com.
It is specified that the CLIENT must be able to justify his identity, either by scanning an identity document and a proof of domicile, or by sending to the seller a photocopy of his identity document and a proof of domicile.
Article 15. Claims
The seller makes available to the customer a “customer service”: firstname.lastname@example.org
Any written complaint from the CLIENT must be forwarded to the following address: email@example.com
Article 16. Intellectual property
All Visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These items are the exclusive property of the seller. Anyone who edits a website and wants to create a direct hyperlink to the SITE must request the seller’s permission in writing.
This authorisation of the seller shall in no case be granted definitively. This link should be deleted at the request of the seller. Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly forbidden.
Article 17. Validity of the general terms and conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these general conditions shall not affect the validity of these terms and conditions. Such modification or decision does not in any way entitle customers to misunderstand these terms and conditions.
Any conditions not expressly covered herein shall be governed in accordance with the use of the trade sector to individuals, for companies headquartered in France.
Article 18. Changes to the terms and conditions
These terms and conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The terms and conditions are dated in a precise manner and may be modified and updated by the seller at any time. The applicable general conditions are those in force at the time of ordering.
Changes to the terms and conditions will not apply to products already purchased.
Article 19. Jurisdiction and applicable law
The present general conditions and the relations between the customer and the seller are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to the arbitral or State Court, negotiation shall be privileged in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.
The party wishing to implement the negotiating process shall 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 referred to below.
Throughout the negotiation process and until its outcome, the Parties shall refrain from exercising any legal action against each other and for the conflict under negotiation. By exception, the parties are allowed to seize the jurisdiction of the proceedings or to seek the delivery of an order on request. A possible action before the Court of the proceedings or the implementation of a procedure on request does not entail any waiver of the amicable settlement clause on the part of the parties, unless expressly stated otherwise.