Terms and conditions
TERMS OF SALES
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website www.8streme.eu (hereinafter the "General Terms and Conditions"). "SITE") from WISENET, SARL registered in the trade and companies register of Troyes under the number 479969495, having its registered office 8 RUE DES FRERES MICHELIN, 10600 THE CHAPEL ST LUC, France Tel: 03.25.49.95.31, email: contact @ 8streme .eu (hereinafter the "SELLER"). These terms and conditions are valid as of 11 / 06 / 2018. This edition cancels and replaces earlier versions.
ARTICLE 1. DEFINITIONS
The following terms have the following meanings in these Terms and Conditions:
- "CLIENT" : designates the contractual partner of the SELLER, who guarantees to have the quality of consumer as defined by the law and the French jurisprudence. As such, it is expressly provided that the CLIENT acts outside any usual or commercial activity.
- " DELIVERY " : refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the order.
- "PRODUCTS" : refers to all the products available on the SITE.
- "TERRITORY" : indicates the Metropolitan FRANCE (except DOM / TOM).
ARTICLE 2. OBJECT
These General Conditions govern the sale by the SELLER to his CLIENTS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions
ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS
The CUSTOMER agrees to read these General Conditions carefully and accept them, before proceeding to the payment of an order of PRODUCTS passed on the SITE.
These General 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 CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the last version of the said Conditions 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 said order, the CLIENT 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 CLIENT must be at least 18 years old and have the legal capacity or, if it is minor, be able to justify the agreement of its legal representatives.
The CUSTOMER will be invited to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. The follow-up of DELIVERIES can, if necessary, be carried out using the tools of follow-up of line of certain carriers. The CUSTOMER may also contact the sales department of the SELLER at any time by e-mail, to firstname.lastname@example.org, 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 CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and in compliance with the European legislation in force and the standards applicable in France.
Orders of PRODUCTS are directly placed on the SITE. To place an order, the CLIENT must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).
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 has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wants.
Once the PRODUCTS selected and placed in his basket, the CLIENT must click on the basket and check that the contents of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, will be brought to his attention an online form completed automatically and summarizing the price, applicable taxes and, where applicable, the costs of delivery.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided 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 required for billing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.
The CLIENT must also specify the means of payment chosen.
Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice to the DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE begin to run only from this date.
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the address of DELIVERY and the carrier or mode of transportation chosen).
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 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.
Vendor prices of the SELLER are subject to change. As a result, the prices listed on the SITE may change. They can also be modified in case of offers or special sales.
The prices indicated 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 CLIENT.
The professional undertakes to deliver the PRODUCT on the date or within the time indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, propose an alternative PRODUCT of quality and equivalent prices, accepted by the CLIENT.
If the CLIENT decides to cancel his order of unavailable PRODUCTS, he will obtain the refund of all the sums paid for the unavailable PRODUCTS at the latest within thirty (30) days of the payment.
ARTICLE 6. RIGHT TO RETRACT
ARTICLE 7. PAYMENT
The CUSTOMER may pay his PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CLIENT guarantees to the SELLER that he holds all the authorizations required to use the means of payment chosen.
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 specified that all payment information provided on the SITE is transmitted to the bank of the SITE and are not processed on the SITE.
In the case of a single payment by credit card, the CUSTOMER's account will be debited upon 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 parcel will be shipped. If the CUSTOMER decides to cancel the order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER to pay the order by any other means of payment.
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money due by the CUSTOMER would prove impossible, the order would be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CLIENT 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. 213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to follow up transactions and to produce a copy of the contract at the CLIENT's request.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he 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 CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation. ownership, as well as the risk of damage they may cause.
ARTICLE 10. DELIVERY
The terms of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Annexe 1 present.
ARTICLE 11. PACKAGING
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" guarantees, for all the PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Code de the consumption
ARTICLE 13. RESPONSIBILITY
The responsibility of the SELLER shall in no case be engaged in case of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, including the seizure of his order.
The SELLER can not be held responsible for, or considered as having failed in the present, for any delay or non-performance, when the cause of the delay or the non-performance is linked to a case of force majeure as it is defined by the jurisprudence French courts and tribunals.
It is also specified that the SELLER does not control the websites that are directly or indirectly related to the SITE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.
ARTICLE 14. FORCE MAJEURE
The responsibility of the SELLER can not be implemented if the non-execution or the delay in the execution of one of its obligations described in these GSC derives from a case of absolute necessity.
There is force majeure in contractual matters when an event outside the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects can not be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom does not justify the termination of the contract. If the impediment is final, the contract is automatically settled and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
As such, the responsibility of the SELLER can not be engaged in particular in case of attack of hackers, unavailability of equipment, supplies, spare parts, personal equipment or other, interruption of electronic communications networks, and 'in case of occurrence of any circumstance or event outside the will of the SELLER intervening after the conclusion of the GSC and preventing the execution under normal conditions.
It is specified that, in such a situation, the CLIENT can not claim the payment of any compensation and can not bring any action against the SELLER.
In case of occurrence of one of the aforementioned events, the SELLER will endeavor to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data about his CLIENTS on the SITE, including through cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CUSTOMER has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link 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 his business partners the names and contact details of his CLIENTS, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with 78 17 Law 6-1978 of January 2016 relating to Data Protection and Liberties and 679 (27) of the European Parliament and of the Council of 2016 April 95 concerning the protection of natural persons in regarding the processing of personal data and the free movement of such data, and repealing Directive 46 / XNUMX / CE (General Data Protection Regulation known as RGPD), the SELLER ensures the implementation of persons concerned.
It is recalled that the CUSTOMER whose personal data are processed benefits from the rights of access, rectification, updating, portability and erasure of information concerning him, in accordance with the provisions of Articles 39 and 40. the amended Data Protection Act and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without fresh.
The CUSTOMER may exercise these rights by sending an e-mail to the following address: email@example.com or by sending a letter to WISENET, 8 RUE DES FRERES MICHELIN, 10600 LA CHAPELLE ST LUC.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. COMPLAINTS
The SELLER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: 03.25.49.95.31 (number not surcharged). Any written complaint from the CLIENT must be sent to the following address: WISENET, 8 RUE DES FRERES MICHELIN, 10600 LA CHAPELLE ST LUC.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its contents, by whatever process, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement sanctioned by articles L.335-2 and following and articles L.713-1 and following of the Code of Intellectual Property.
Acceptance of these GTC is worth recognition by the CUSTOMER of the intellectual property rights of the SELLER and commitment to respect them.
ARTICLE 18. VALIDITY OF GENERAL 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 can not affect the validity of these General Conditions. Such modification or decision does not authorize the CUSTOMERS to disregard the present General Conditions.
Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector, for companies whose head office is in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions are accurately dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CLIENT AND THE SELLER ARE GOVERNED BY FRENCH LAW
IN CASE OF DISPUTE, ONLY THE FRENCH COURTS WILL BE COMPETENT.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SELLER's claim department.
If no agreement is found or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, then an optional mediation procedure, conducted in a spirit of loyalty and good will be proposed. faith in order to reach an amicable settlement upon the occurrence of any conflict relating to this contract, including its validity.
To initiate this mediation, the CLIENT can contact the mediator of the SELLER: MEDICYS, whose contact details are: 73 Clichy Boulevard - 75009 PARIS and can be entered via this link: https://app.medicys.fr/?proId= 90f9dc77-bcbb-40b9-a4ac-d2d0159ce70c.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict.
As mediation is not mandatory, the CLIENT or the SELLER may withdraw from the process at any time.
IN THE HYPOTHESIS OR MEDIATION FAILURE OR WOULD NOT BE ENVISAGED, THE LITIGATION WHICH MAY HAVE CREATED A COMPLIANCE WILL BE CONFERRED TO THE COMPETENT JURISDICTION DESCRIBED ABOVE.
Principle of withdrawal
The CLIENT has in principle the right to withdraw by returning or returning the PRODUCT to the SELLER.
For this, the PRODUCT must be returned or returned without undue delay, and no later than fourteen (14) days after the communication of its decision to retract, unless the SELLER proposes to recover the PRODUCT itself.
In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT delivered.
If the CUSTOMER's order covers more than one PRODUCT and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to retract by means of an unambiguous declaration (for example, letter sent by the post, fax or e-mail) to: WISENET, 8 RUE DES FRERES MICHELIN, 10600 LA CHAPELLE ST LUC or firstname.lastname@example.org.
He can also use the form below:
In order for the withdrawal period to be respected, the CLIENT must transmit his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the retraction
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the totality of the sums paid, including the expenses of delivery (with the exception of the additional expenses resulting, if necessary, from the choice by the CLIENT of a method of delivery other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER receives the returned PRODUCT.(Article L.221-24 of the Consumer Code).
The SELLER will refund using the same means of payment that the CUSTOMER has used for the initial transaction, unless the CUSTOMER expressly agrees a different way, in any case, the refund will not cause costs to the customer.
The SELLER is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER.
The SELLER may defer the refund until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, the date this is the first of these facts.
Terms of return
The CUSTOMER shall, without undue delay and, in any event, no later than fourteen (14) days after notification of its decision to withdraw from this contract, return the property to: WISENET, 8 RUE DES FRERES MICHELIN, 10600 LA CHAPELLE ST LUC.
This deadline is considered respected if the CUSTOMER returns the good before the expiration of the fourteen (14) days deadline.
The CUSTOMER will have to bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CLIENT will have to bear the direct costs of returning the goods.
State of the returned property
The PRODUCT must be returned according to the instructions of the SELLER and include in particular all the delivered accessories.
The responsibility of the CUSTOMER is engaged only with respect to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this PRODUCT. In other words, the CUSTOMER has the opportunity to test the PRODUCT but his liability may be incurred if he proceeds to manipulations other than those that are necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following hypotheses:
- Supply of goods or services whose price depends on fluctuation on the financial market
- Supply of goods made according to the specifications of the CLIENT or clearly personalized
- Supply of goods likely to deteriorate or expire quickly
- Provision of audio or video recordings or sealed software that have been unsealed after delivery
- Journal, periodical, magazine (except subscription contract)
- Providing non-residential accommodation, goods transportation, car rental, catering or recreation related services if the offer provides for a specific date or period of execution
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods that can not be returned for reasons of health protection or hygiene and have been unsealed by the CLIENT after DELIVERY
- the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuation in the market beyond the control of the SELLER
- Provision of digital content not provided in paperless form if the execution started with the prior express consent of the consumer, who also acknowledged that he will thus lose his right of withdrawal
- contracts concluded at a public auction
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address (es) that the CUSTOMER has indicated during the ordering process.
The deadlines for preparing an order and then preparing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are excluding weekends or holidays.
An e-mail will automatically be sent to the CUSTOMER at the time of the shipment of the PRODUCTS, provided that the e-mail address appearing in the registration form is correct.
Delivery time & delivery
During the ordering process, the SELLER informs the CLIENT of the possible delivery times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method.
The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
The details of delivery times and charges are detailed on the SITE.
In the absence of indication or agreement as to the delivery date, the SELLER delivers the PRODUCT without undue delay and at the latest thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
Terms of DELIVERY
The parcel will be given to the CLIENT against signature and on presentation of an identity document.
In case of absence, a notice will be left to the CLIENT, to allow him to pick up his parcel at his post office.
The CUSTOMER is informed of the delivery date set at the moment he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified 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 period, he may terminate the contract.
The SELLER shall refund, without undue delay upon receipt of the termination letter, the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same method of payment as that used by the CLIENT to purchase products.
The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. It is reminded that the CUSTOMER has a period of three (32 days to notify the carrier of the damage or partial losses noted during the delivery.