General conditions of sale Papado
ARTICLE 1: GENERAL PROVISIONS
These conditions are concluded between the company MAJA, RCS ALENCON n ° 532 382 595 (hereinafter referred to as “PAPADO”), and any person wishing to make a purchase (hereinafter referred to as the “Customer”) via the website http: //www.papado.fr/boutique (hereinafter referred to as the “Site”). PAPADO and the Client will be referred to together as the “Parties”.
Customers are Consumer Customers. Only “consumer” within the meaning of this contract is considered to be a natural person acting for private purposes or for purposes that are not part of a commercial, industrial, artisanal or liberal activity.
These terms and conditions constitute a distance sales contract, defining the rights and obligations of PAPADO and the Customer in connection with the sale of the products referenced on the Site, namely clip-on toilet glasses and attached accessories. They mainly concern purchases made by Customers located in France and delivered in France.
They cancel and replace the previously applicable conditions. PAPADO reserves the right to adapt, modify or update at any time its terms and conditions of sale. In any case, the general conditions of sale applicable are those in force on the day of the placing of the order by the Customer.
The fact of placing an order implies the full and unreserved acceptance of the Customer to the general conditions of sale hereinafter set forth, to the exclusion of all other documents such as prospectuses, promotional catalogs, description of the products issued by PAPADO which have not indicative value. In this respect, the validation of the order confirms the full acceptance of these conditions by the Customer. The stipulations of the present general terms and conditions can not be modified by stipulations contrary, without the express and written agreement of the Parties.
The fact that one of the parties does not avail itself at a given moment of one of the present conditions can not be interpreted as a renunciation to take advantage of it later. The cancellation of a clause of these terms and conditions will not affect the validity of the terms and conditions as a whole.
ARTICLE 2: ORDER
The Client declares having the capacity to conclude the present contract, ie to have the legal majority and not to be under tutorship or curatorship.
The Customer will place an order in accordance with the instructions given on the Site. He undertakes to complete the order, making sure to provide the necessary, complete and accurate information. In any case, the Customer is responsible for the information entered when ordering. In the event of an error in the recipient’s name (name, address, etc.), PAPADO can not be held responsible for delays in the delivery of the products.
The steps to conclude the sale on the Site are the following:
2.1. Selection of articles / Constitution of the basket
After clicking on the “ADD TO BASKET” icon and having checked and possibly modified the specifics of his order (article, quantity, price, etc.), the Customer validates the contents of his basket by clicking on the icon. “DO ORDER”.
Information on the availability of the item (s) is given when selecting products.
2.2. Identification / Login
If the Customer is already registered on the Site, it provides the fields provided for this purpose by indicating his username and his personal password.
If the Customer is not yet registered on the Site, he / she informs the fields requested and necessary to the treatment of his order (name, first name, complete address of delivery, e-mail and phone number) and has the possibility of creating a account.
2.3. Confirmation of the order
The Customer has the possibility, before validating his Order, to check the detail and the total price of it and, to correct any errors, before confirming it for its acceptance.
The Customer defines the method of delivery and the method of payment.
The Customer declares to have read and accept these terms and conditions of sale by ticking the corresponding box;
The Customer definitively confirms his order by clicking on the corresponding tab.
After having confirmed the contents of his order, the Customer proceeds to the payment on the secure server of the bank of PAPADO.
The Customer’s order will not be final until the payment of the corresponding price. In other words, the payment by the Customer definitively and definitively formalizes the distance selling contract concluded with PAPADO.
Once the order has been paid, the Customer can print the page summarizing his order. In any case, the Customer will receive an order conformation by email, accompanied by the form for the exercise of the right of withdrawal, at the latest at the time of delivery. The summary of the order must be kept, it constitutes the proof of the order of the Customer and the contract binding the Parties.
In any case, PAPADO reserves the right not to accept an order for a legitimate reason – difficulty of supply, problem concerning the understanding of the order received, foreseeable problem concerning the delivery, or abnormality of the quantities ordered in the eyes current needs of a consumer – then, PAPADO will inform the Customer by e-mail. It also reserves the right not to comply with any request from the Customer that is exorbitant or derogatory to the general law and / or its general conditions or in case of ongoing litigation with the Customer.
ARTICLE 3: PRESENTATION AND AVAILABILITY OF PRODUCTS
3.1. Product presentation
PAPADO takes the utmost care in communicating information relating to the essential characteristics of the products, in particular by means of descriptions and photographs illustrating the products. In any case, PAPADO can not be held liable for any changes or errors concerning the description of the characteristics of the purchased product, unless the essential characteristics of the product are affected.
3.2. Product availability
The products are offered for sale within the limits of the available stocks and the supply possibilities of PAPADO.
The availability of the products is indicated during the selection of the products, subject to possible synchronization errors of the computer system of PAPADO. In any event, in the event that any of the products ordered are not available during the preparation of the Customer’s order, PAPADO undertakes to contact the Customer as soon as possible in order to indicate in which this product may be delivered. If this delay is too important, the Customer may choose to cancel the order and the sums paid will then be refunded as soon as possible.
The Customer is informed that the essential parts for the use of the Products sold on the Site are available on the market for a period of 6 months.
ARTICLE 4: PRICE / PAYMENT
The products are invoiced according to the current tariff mentioned on the Site on the day of the sale. The prices are indicated in euros and include all taxes, the applicable VAT being the one in force at the time of the billing. The prices indicated do not include the delivery costs of the products, invoiced in supplement and clearly indicated to the Customer before the validation of his order.
PAPADO reserves the right to modify its selling prices at any time. Nevertheless, no modification after the ordering can be applied.
Orders are payable in euros, in full and cash. The total price of the products and the additional costs are indicated at the end of the online order, before its validation.
The payment is made by credit card on the site of the financial partner of PAPADO.
ARTICLE 5: DELIVERY / RECEPTION
5.1. Delivery locations
Delivery is made to the address mentioned by the Customer when ordering. PAPADO can not in any case be held responsible in case of delay and / or non delivery due to a wrong or wrong address or to which delivery would prove to be impossible.
As a reminder, the products are offered for sale for online purchases shipped mainly to France. PAPADO thus reserves the right to refuse any order whose delivery address is not located in France.
5.2. Delivery delay
The delivery times of the products are given as an indication only, except for the express and written commitment of PAPADO on firm dates and times.
PAPADO can not be held responsible for any delay or failure to receive due to a case of force majeure – as stipulated in article 10 hereof – or to a fault of the Customer.
In any case, in the absence of delivery within the expressly agreed time, or in the absence of agreement on a delivery period, in case of default of delivery at the latest 30 days after the conclusion of the contract, the consumer Customer may put in effect PAPADO, by registered letter with acknowledgment of receipt, to proceed with the delivery within a reasonable additional time. In the absence of execution by PAPADO within this new period, the consumer Customer may resolve the contract by registered letter with acknowledgment of receipt. The contract will be considered as resolved upon receipt by PAPADO of this letter, unless it has been executed in the meantime; the sums paid by the Consumer Client would then be refunded without interest or compensation at the latest within 14 days of the date on which the contract was terminated.
5.3. Terms of delivery / reception
The transport will be carried out by logistic provider, by Green letter or Colissimo depending on the nature of the products ordered.
The Customer is responsible for personally receiving the products ordered. The Customer agrees to sign, if applicable, the receipt of the products.
Each delivery is considered made as soon as the material delivery of the products to the Customer, materialized by the control system used, such as the delivery tracking system proposed on the La Poste website concerning “Colissimo”.
It is the Customer’s responsibility to check the packaging of the products, their number and their apparent condition on the day of their receipt. This verification is considered to be carried out when the Customer, or a person authorized by him, has signed the delivery note. In case of dispute, deterioration of the product during transport, damage, missing or late, it is the Customer to make written in writing any dispute or reservation, and confirm them by registered letter with acknowledgment of receipt in the 3 (three) days, excluding holidays, following receipt of the products. A copy of this mail must be sent to PAPADO, any anomaly must imperatively be reported by the Customer to PAPADO under the conditions provided for in Article 7 hereof.
In accordance with Article L. 121-105 of the Consumer Code, when the Customer personally takes delivery of the transported goods and when the carrier does not justify giving him the opportunity to effectively verify their good condition, the period mentioned above is increased to 10 (ten) days.
In the event of absence of the Customer during the delivery, a notice of passage can be deposited in the mailbox: it is then possible to withdraw the parcel in a determined place in the 15 days following the deposit of this notice. In case of exceeding the above deadline, the package will be returned to PAPADO at the Customer’s expense. PAPADO will then contact the Customer for a possible reshipment of his order, at his request and at his expense.
ARTICLE 6: RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER
6.1. Pursuant to Article L. 121-21 of the Consumer Code, the Consumer Client has a withdrawal period of 14 days, starting from the date of receipt of the products or the conclusion of the contract.
To exercise his right of withdrawal, the Consumer must, within the time indicated above, send to PAPADO, a writing clearly specifying his will to retract or return the standard form of exercise of the right of withdrawal to the coordinates indicated in Article 12 hereof.
The consumer Customer must return the products to the address indicated in article 12 hereof within 14 days of the communication of its decision to retract, in perfect condition and in their original packaging, and unused, without any trace or mark, with any accessories.
The costs of returning the products remain the responsibility of the consumer Customer.
If all the conditions required for the return of the products are not respected, PAPADO will be able to deduct from the sums to be refunded, if necessary, a share of the price of the order corresponding to the selling price of the missing or possibly degraded products. . The Customer must be careful not to stick stickers or intervene on the Products before being sure not to return the products under its right of withdrawal. In any case, any deteriorated product (scratched, broken …), will be destroyed and will therefore be subject to no refund.
ARTICLE 7: CLAIMS, LIABILITY AND LEGAL GUARANTEES
7.1. Legal guarantees
PAPADO is bound by the legal guarantees in force namely, the legal guarantee of conformity (articles L.211-4 and following of the Code of the consumption) and the legal guarantee of the latent defects (articles 1641 and following of the Civil Code).
When acting as a legal guarantee of conformity, the Consumer Client:
– has a period of 2 years from delivery of the property to act;
– can choose between repairing or replacing the goods. PAPADO may nevertheless not proceed according to the choice of the Consumer Client when this choice entails a cost obviously disproportionate with regard to the other modality taking into account the value of the good or the importance of the defect.
– is exempted from reporting the proof of the existence of the lack of conformity of the good during 6 months as from the delivery of the good.
The legal warranty applies regardless of any commercial warranty.
When acting as a guarantee against latent defects, the Consumer Client may choose between the resolution of the sale or a reduction of the selling price, in accordance with Article 1644 of the Civil Code.
7.2. Without prejudice to any reservations made to the carrier, complaints about apparent defects or non-compliance of the delivered products with the ordered products must be formulated with PAPADO, in writing within 8 (eight) days from receipt of the products. .
Except in the case where the complaint is made within 6 (six) months of the delivery of the products, it is up to the Consumer Customer to provide any justification as to the reality of the defects or anomalies noted. It will have to leave to PAPADO any facility to proceed to the observation of these vices or anomalies.
All product returns must be expressly approved by PAPADO. Products must be returned in perfect condition and in their original packaging with any accessories (including the instructions).
The return will result, as the case may be, in a replacement of the products or a refund of the Customer, after qualitative and quantitative verification of the returned products. The costs and risks of sending and returning will be charged to the Customer if the non-compliance is not proven.
7.3. When the responsibility of PAPADO is engaged as a result of a fault on his part, the repair applies only to direct, personal and certain damages that the Customer. The amount of damages that PAPADO may be required to pay to the Customer under the aforementioned conditions is in any event limited to the total amount of the order for the products concerned.
7.4. In any case, PAPADO declines any responsibility, in particular as regards the choice of the products by the Customer or because of the damages resulting from the modifications which would have been brought to the products or resulting from a failure with the recommendations of use of the products.
PAPADO can not be held responsible for damages, temporary or permanent, caused to the computer system of the Customer or any loss or damage that would be suffered in particular following access to or browsing the Site. The transmission of data via the Internet may lead to errors and / or the fact that the Site is not always available. Therefore, PAPADO can not be held responsible for the availability and interruption of the online service.
ARTICLE 8: FORCE MAJEURE
In the event of the occurrence of a case of force majeure preventing the performance of its obligations by PAPADO, the contract would be immediately suspended, from the notification made by PAPADO to the Customer, given by any means. In the same way, PAPADO will inform the Customer of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification.
ARTICLE 9: INTELLECTUAL PROPERTY
All the content of the Site or any advertising material (illustrations, texts, labels, brands, images, videos) is the property of PAPADO or is used with the authorization of the owners of the rights in question. Any integral or partial reproduction, as well as the creation of hypertext links, are prohibited, unless PAPADO gives its express and prior authorization.
ARTICLE 10: PERSONAL DATA
PAPADO collects, records, changes, uses and transmits personal data of Customers in connection with the execution of past orders, Customer relations, advice and customer services as well as for the preservation of PAPADO’s commercial interests, especially for the needs preservation of the evidence.
In accordance with the law “Informatique et Liberté” N ° 78-17 of January 6, 1978, the personal data collected from the Clients are the subject of an automated processing, as part of a file declared to the CNIL.
The processing of customers’ personal data is used to process orders, requests for information and subscriptions to the Newsletter and, more generally, the management of the customer file. The personal data of the customers are intended for PAPADO and the possible providers and partners in charge of their treatment or analysis for study purposes.
In all cases, the Customer has a right to access, modify, rectify and delete data concerning him in accordance with the French law “Informatique et Libertés” No. 78-17 of 6 January 1978. To exercise this right, it is enough for him to contact PAPADO with the coordinates appearing in article 12 hereof.
The Customer may in any case oppose the use of his personal data. The use of personal information for other purposes will only be possible when the Customer has agreed.
ARTICLE 11: APPLICABLE LAW – DISPUTES
The Parties agree that these conditions and their consequences are subject to French law. The language of these presents and the relations between the Parties is French.
The Consumer Client is informed of the possibility of resorting, in case of dispute, to a conventional mediation procedure or any other alternative way of settling disputes. In the absence of an amicable solution within 15 days, the Parties will recover their freedom to bring the dispute before the competent courts.
ARTICLE 12: CONTACT
For any question or complaint relating to the products, their order, their personal data, the right of withdrawal or application of the product warranty, the Customer may contact PAPADO at the following coordinates:
By mail: PAPADO La Radiguerie 61570 MORTREE
By phone 09 64 42 61 36
By email: email@example.com
ARTICLE 13: MANDATORY INFORMATION FOR CONSUMER CUSTOMERS
In accordance with Article L. 211-15 of the Consumer Code, Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code are reproduced below, as well as the Article 1641 and the first paragraph of Article 1648 of the Civil Code, provisions which the Consumer expressly acknowledges having read prior to his order.
Article L. 211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L. 211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1 ° Be fit for the usually expected use of a similar good and, where appropriate:
– correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 211-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use that the buyer would not have it acquired, or would have given a lower price, had he known them.
Article 1648 of the Civil Code paragraph 1: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.