1. PRESENTATION OF THE COMPANY CINIER RADIATEURS
This website, accessible at the address https://cinierstore.com, hereinafter the "Site", is published by the company CINIER RADIATEURS, hereinafter "the Seller", a limited liability company with capital of 500,479 euros, registered with the Montpellier Trade and Companies Register under number 432 067 296, whose registered office is located at 2, Rue de Berlin, 34200 SETE.
The Site is an online sales site for a selection of heating and air conditioning appliances (radiators, towel warmers, fan coil units/reversible air conditioning, etc...), lighting appliances (light fixtures, floor lamps, wall lights, pendant lights, etc…) and the associated accessories, as well as bath linen.
The range of products for sale on the Site is intended to evolve and to be expanded, notably with heated furniture (coming soon) and unique art paintings & sculptures painted by Johanne Cinier (coming soon).
On the Site, only a selection of CINIER-brand products is sold. The full CINIER range is available to order from bathroom/heating or decoration showrooms. You will find more information on the site www.cinier.com or contact us by email at info@cinier.com to find the shop nearest to you.
The Seller does not, on the other hand, provide installation services, which the buyer may carry out themselves or have carried out by a competent professional installer.
The company CINIER RADIATEURS can be contacted using the following details:
- By post at the address: CINIER RADIATEURS, 2, Rue de Berlin, 34200 SETE
- By email at the address: info@cinier.com
- By telephone: +33 (0)4.67.18.19.53 [standard rate] from Monday to Friday, 9:00 am to 12:30 pm and 1:30 pm to 5:00 pm.
Intra-community VAT number: FR 184 320 672 96
The publication director of the Site is Mr Stéphane CINIER.
The Site is hosted by: SHOPIFY Inc. 151 O’Connor Street, Ground floor Ottawa, ON K2P 2L8 CANADA assistance@shopify.com, Tel: 1-613-241-2828. SHOPIFY is itself hosted by Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043 USA Tel: +1 650 253 0000.
2. PURPOSE AND SCOPE
These Terms and Conditions of Sale, hereinafter the "T&Cs", written in French, are intended to govern the entire contractual relationship between the Seller and its customers who are natural persons with the status of private individuals, hereinafter the "Buyers".
They apply to all sales of products, hereinafter the "Products", offered by the Seller on the Site as well as their performance and its consequences.
The Site is aimed at consumers residing in the following territories: ……….
The Products are ordered by the Buyer for their own needs. The Buyer is therefore not authorised to resell them, except with the prior agreement of the Seller.
The Buyer declares that they are a natural person of legal age (18 years and over) with the legal capacity to purchase the Products on the Site and to validly commit under these T&Cs.
By ticking the box provided for this purpose before placing an order, the Buyer acknowledges that they have read and accepted, without reservation or restriction, all of these T&Cs. The latter therefore prevail over any other contractual document.
These T&Cs cancel and replace the previous applicable terms and conditions, and may be amended without notice, at the Seller's initiative. The applicable terms and conditions are those in force on the date the order is accepted by the Buyer.
If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions retain their full force and scope.
3. PRODUCTS
Product characteristics
The Products offered for sale by the Seller are presented on the Site. The Buyer may choose one or more Products from among the various categories of Products presented and offered for sale on the Site on the day they consult it.
Each product sheet states the essential characteristics of the Product within the meaning of Article L. 111-1, 1° of the Consumer Code. The Buyer, who alone is able to determine whether the Products meet their needs, can therefore order them with full knowledge of the facts.
The instructions for use and installation of the Products are supplied with the Product upon its delivery.
It is recalled that the performance of the Products is largely linked to their sizing and to their point of installation. The Buyer is therefore strongly advised to seek the opinion of a professional in order to choose the Products best suited to their needs and to the configuration of the place intended to accommodate them.
In accordance with the provisions of Article L.111-4 of the Consumer Code, the Buyer is informed that the spare parts essential for the use of the Products are, as a matter of principle, not available, unless expressly stated otherwise on the Product's description sheet.
Conformity
The Products comply with the requirements of French law relating to the safety and health of persons, to the fairness of commercial transactions and to consumer protection, in force at the time they are placed on the market.
Availability
The Products offered for sale on the Site are available while stocks last. In the event that one or more ordered Products are unavailable, the Seller will inform the Buyer by telephone or email.
The Seller may offer the Buyer, if available, a replacement Product of equivalent quality and price. If there is no replacement Product or if the Buyer does not wish to obtain the replacement Product, they may then, at their choice, either cancel the part of their order relating to the unavailable Product(s), or postpone the delivery of the unavailable Product(s) so as to receive them as soon as they are available again.
In the event of cancellation of their order, the Buyer will be reimbursed for the price of the unavailable Products as well as the corresponding delivery costs within fourteen (14) days of the Buyer exercising their right to cancel their order. This reimbursement will be made using the payment method used when ordering.
4. ORDER
Identification of the Buyer
To be able to place an order on the Seller's Site, the Buyer must identify themselves.
To do this, the Buyer can:
- Either choose to identify themselves with each order, by filling in a form with the following details: surname, first name, full delivery address, company identification (optional), email and mobile telephone number.
- Or create a customer account by filling in an account creation form with the following details: surname, first name, full delivery address, company identification (optional), email and mobile telephone number.
Creating a customer account saves time on a future order, as the billing information will already have been entered and saved.
The Buyer will then have a login (their email address) and a password allowing them to access their customer account, held in the secure part of the Site. The Buyer's login and password are strictly personal and confidential. Their safekeeping and use are the sole responsibility of the Buyer. Any order of Products placed using this login and password will be presumed to have been made by the Buyer.
The information provided by the Buyer must be truthful, complete and detailed. The Seller reserves the right to refuse or cancel any order from a Buyer who has not completely or accurately provided their identity details.
Order placement procedure
Orders are placed via the Site.
To place an order, the Buyer must follow the procedure below:
- The Buyer builds their virtual basket. To do this, they choose the Product(s) they are interested in, along with the options (if required) and the desired quantities, and then click on the "Add to basket" link.
- At any time, the Buyer has the option:
- To obtain a summary of the selected Products by clicking on the "basket" icon provided for this purpose,
- To go back over the various stages of building the basket, adding or removing Products.
- When they are satisfied with their basket, the Buyer clicks on the "Check-out" button.
- The Buyer must then identify themselves, either by filling in the identification form or by logging into their customer account according to the procedure set out in Article 4.1. above.
On this identification page, the Buyer must also indicate whether they wish to collect the Product in store or use a delivery service.
- If the Buyer wishes to collect the Product in store, they click directly on "Continue to payment".
- If the Buyer wishes to use a delivery service, they must click on "Continue to shipping" in order to select a delivery method. They then click on "Continue to payment".
- Once all the requested information (identification + delivery method) has been completed by the Buyer, a summary appears on the screen showing: the description, the quantity, the price of the selected Products, the total cost of the order including taxes and delivery costs, and the delivery time(s) for the Product(s).
Note: The delivery time information is currently missing from your site. In this respect, with regard to consumers, you must commit to a firm maximum time limit. You therefore cannot, in particular, write "5 working days or more" or "indicative time". : Ok, so we must indicate/add a firm maximum delivery time on each product sheet? Yes, ideally at the point of basket validation rather than on the product sheet.
- The Buyer also has the option, at the time of order validation, to deduct from the amount payable any reductions or discounts they benefit from (promotional codes, discount coupons, loyalty vouchers if accepted, etc…).
- The Buyer must then click on "Order and pay" to confirm their order.
In order to proceed and click on the "Order and pay" button, the Buyer must first tick the box accepting these T&Cs and the privacy policy.
By validating the order, the Buyer undertakes to pay its price.
- The Buyer is then redirected to a secure payment page.
Payment for the order
Payment for the order is payable in full upon validation of the order and before the Products are shipped.
Orders are settled using the following payment methods: by bank card or via the Shop Pay application (an accelerated payment service).
Once the payment method has been selected, the Buyer must provide the required information by completing the fields provided for this purpose, then follow the steps indicated.
Payments by bank card are made via a secure payment platform. The bank details provided by the Buyer at the time of payment (card number, expiry date and the security code on the back of the card) are encrypted using the Secure Socket Layer (SSL) protocol.
The recorded bank data will constitute proof of the recorded financial transaction.
At the time of payment, the Buyer is invited to enter the billing address which, by default, corresponds to the delivery address (in the event of a delivery request) or to the Buyer's address as entered during their identification (in the event of in-store collection).
In any event, the Seller reserves the right, in the absence of payment of the price by the set deadline, to claim payment of it, to suspend delivery or, where applicable, the manufacture of the Product, or else to terminate the order automatically.
Finalisation of orders
Once the order for Products has been validated and paid, the Buyer will automatically receive from the Seller, at the email address provided prior to the order, a confirmation email, in French, summarising their order and in particular the details of the Products ordered, the price of their order, the delivery time and the delivery address.
The Buyer will also receive a second email, at the email address provided when ordering, with their invoice attached as well as a copy of the T&Cs. The Buyer is advised to keep a copy on paper or electronic media.
All the recorded data and the validation carried out by the Seller constitute proof of all the transactions made between the Seller and the Buyer and constitute, in particular, proof of the date, nature and content of the order.
Once the order has been validated and paid, the Buyer can no longer cancel or modify their order, subject to the rejection of the order by the Seller under the conditions of Article 4.5. below or the exercise of the right of withdrawal by the Buyer, under the conditions detailed in Article 8.
Rejection of the order
In any event, even after it has been validated and paid, the Seller reserves the right to refuse any order for legitimate reasons, and more particularly in the event that the order presents abnormal characteristics (e.g. a high number of Products ordered) or in the event that there is an unresolved dispute with the Buyer, for example in connection with a previous order. The Seller will then inform the Buyer as soon as possible.
In the event of rejection of an order under the above conditions and, in the event that the order has already been paid for, the Seller will reimburse the Buyer for the sums paid within fourteen (14) days. This reimbursement will be made using the payment method used when ordering.
PRICE
The sale prices of the Products are displayed on the Site. In accordance with Article L. 112-1 of the Consumer Code, they are indicated in euros, all taxes included (VAT, WEEE). The sale price of the Product is the one in force on the day of the order.
These prices do not include the delivery and transport costs mentioned before validation and chargeable to the Buyer in addition.
Packaging prices are normally included in the prices, except in special cases specified when ordering.
The Seller reserves the right to modify its prices at any time, while guaranteeing the Buyer the application of the price in force on the day of the order.
The total amount due by the Buyer, which depends in particular on the chosen delivery method, is indicated on the order summary before payment.
6. DELIVERY OF THE PRODUCTS
- Collection of the Products
The Buyer may opt for in-store collection of the Products. The collection service is free of charge for the Buyer.
When the Buyer opts for collection of the Products, this takes place at the Seller's site in Sète, located at Parc Aquatechnique, 2 rue de Londres, 34200 SETE, during normal opening hours.
Upon receipt of the Product in store, the Buyer is informed by email at the address provided at the time of the order. They then have a period of ten (10) days to come and collect the Product.
At the end of this period, if the Buyer has not come forward, the Seller will be entitled to terminate the order by registered letter with acknowledgement of receipt that has remained unsuccessful for a period of seven (7) days. At the end of this period, the Seller may put the Products ordered by the Buyer back on sale, without the Seller's liability being engaged in this respect.
- Delivery of the Products
The Buyer may opt for delivery of the ordered goods.
This service is subject to additional billing addressed to the Buyer. The price of this service may vary, in particular according to the place of delivery or to the weight and size of the ordered goods, as well as to the delivery method chosen by the Buyer at the time of the order.
The Buyer is informed of the price of this service on the website before the conclusion of the sale. This price is recalled to them in the order form.
When the Buyer opts for delivery of the Products, this takes place at the address indicated by the Buyer during the validation process of their order. The cost of delivery is determined at the time the order is placed by the Buyer.
The Seller reserves the right to refuse delivery of its Products to certain locations, in particular because of the difficulty of access to these locations or the need to obtain specific authorisation to access them. In this case, the Buyer is informed of this refusal as soon as possible after the confirmation of their order.
When the Buyer has opted for delivery of the Product, they are required to take receipt of the Product at the address they communicated during the order validation process.
In the event that the order has been returned to the Seller for a reason attributable to the Buyer (incorrect delivery address, etc.), the latter must pay new delivery costs to obtain the re-shipment of their order. The Buyer will be informed by email of the procedure to follow for the re-shipment of their order.
In this case, if the Buyer does not come forward, the Seller will be entitled to terminate the order by registered letter with acknowledgement of receipt that has remained unsuccessful for a period of seven (7) days. At the end of this period, the Seller may put the Products ordered by the Buyer back on sale, without the Seller's liability being engaged in this respect.
- Availability / delivery times
The time for making available / delivering the ordered Products is communicated to the Buyer before the validation of their order, and is recalled to them in the order confirmation sent to them.
It is specified that, because of the nature of the ordered Products (for example heavy products to transport or made to order), delivery times may, depending on the case, be relatively long, sometimes several weeks.
The delivery time runs from the final validation of the order, at the time the confirmation email is sent, after receipt of payment.
It is recalled that the Products will only be made available for in-store collection or shipped in the event of delivery if their price has been paid in full.
- Delay in making available / delivery
concerned the following situa
In the event of a delay in making available / delivery, the Seller will send the Buyer an email informing them that the making available / delivery will take place with a delay and will propose a new date to them.
It is, in any event, recalled that, if the order is not delivered on the scheduled date, the Buyer will be entitled to terminate their order by registered letter with request for acknowledgement of receipt or by a written statement on another durable medium, if, after having instructed the Seller, in the same manner, to make the delivery within a reasonable additional period, the Seller has not performed within this period. From this request for termination, the Seller will refund, within a maximum period of fourteen (14) days, all the sums paid by the Buyer for the order of the Products subject to the termination (delivery costs included), and this, to the exclusion of any other compensation.
In any event, and in accordance with the provisions of Article L.221-15 paragraph 2 of the Consumer Code, the Seller's liability cannot be engaged in the event of a delay or non-performance of the making available or delivery attributable either to the Buyer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure
The following situations are notably concerned:
- The Buyer has not fulfilled their own obligations, in particular their payment obligation;
- The Buyer has not provided in good time the information necessary for the effective delivery of the order;
- The non-performance is attributable to the Buyer, for any other reason;
- In the event of the occurrence of events such as, in particular, strikes, lock-outs, riots, war, international complications, requisitions, fire, flood, interruption or delay of transport, or a major accident in the manufacturing equipment.
7. RECEIPT
- Inspection of the Products
The Buyer is required to inspect the Products at the time of their receipt or collection. The Buyer must check that the order is compliant and that it contains all the ordered Products without apparent defects (it is recommended to open the parcel).
To this end, a written document is given to the Buyer, when the Product is handed over, mentioning the possibility for the Buyer to make reservations, in particular in the event of a defect in the Product or a failure to provide the instructions for use or installation.
The Buyer must notify the Seller, at the details indicated in Article 1, as soon as possible, of any reservation on the delivered Products (wrong products, damaged products, missing products, etc.), in particular any claim for non-conformity or apparent defect.
From the receipt of the Products by the Buyer, all the risks associated with the Products (loss, theft, deterioration) will be transferred to the latter and the Seller will be released from all liability.
- Installation
It is recalled that the Seller is not in charge of the installation operations of the Products.
Maintenance
The installation of the Products must be carried out in accordance with the Seller's instructions for use. These instructions are delivered with each Product. They are also available before delivery on simple request by telephone or email at the details appearing at the head of these terms.
As these are technical operations, the intervention of a professional installer is strongly recommended. In this respect, it is recalled that the sizing, power supply and positioning of the Products are determining factors of their performance.
In this case the installer will be solely responsible, to the exclusion of the Seller, for any installation defect and/or any damage caused by the installation of the Product.
- Maintenance
The Seller does not provide maintenance services for the Products it sells. The Buyer is free to take out a maintenance contract with any authorised professional of their choice.
The Seller will in no case be responsible for any poor performance or non-performance of the maintenance services and disclaims all liability in this respect.
8.RIGHT OF WITHDRAWAL
- Existence of the right of withdrawal
For standard products, pursuant to the provisions of Article L.221-18 of the Consumer Code, the Buyer, in their capacity as a consumer, has the option of exercising their right of withdrawal within a period of fourteen (14) days from the day following receipt of the Product by them or by a third party, other than the carrier, designated by them.
When this period of fourteen (14) days expires on a Saturday, a Sunday or a public or non-working day, it is extended until the first following working day.
For products made according to the Buyer's specifications or clearly personalised, the legal right of withdrawal is not applicable, in accordance with the provisions of Article L.221-28, 3° of the Consumer Code.
Note: I have carried out research and, unfortunately, the exclusion of the right of withdrawal is not possible for goods invoiced to order. In accordance with the provisions of Article L.221-28, 3° of the Consumer Code, it is only possible for products made according to the consumer's specifications or clearly personalised. However, case law considers that "clearly personalised" goods are goods that have undergone a modification of their nature or purpose (Cass. 1st civ., 20 March 2013, no. 12-15.052). The possibility of choosing options is therefore not even in itself sufficient to characterise a "clearly personalised" good (1st civ., 17 Jan. 2018, no. 17-10255). As long as the good retains properties consistent with its nature and its purpose allowing it to be put back on the market identically, the right of withdrawal applies. : Ok, I understand. Does this right only concern private individuals? Also in the case of large orders? For example 10 x radiators that they then cancel? Which would cause us significant harm given the artisanal size of the company. Yes, this only applies to private individuals. But it unfortunately applies to all orders from private individuals, even the large ones. The only way for you is to refuse the large orders or else have the products ordered by the installer (who is a professional) who will then resell them to private individuals.
In the case of a B to B sale (to a professional or company), Ok for no right of withdrawal? Indeed, professionals do not benefit from the right of withdrawal for distance selling.
- Exercise of the right of withdrawal
Before the expiry of the withdrawal period provided for in 8.1, the Buyer exercises their right of withdrawal, if applicable, by informing the Seller of their decision to withdraw by means of an unambiguous statement expressing their wish to withdraw, by post or electronically, to the address indicated in Article 1.
The Buyer may also, if they wish, use the withdrawal form made available to them [insert a link].
The Products concerned must be returned to the Seller, at the Buyer's expense, within a maximum period of fourteen (14) clear days following the sending of their decision to withdraw, to the Seller's postal address, as it appears in Article 1.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), in a condition suitable for fresh commercialisation in as-new condition, and, if possible, accompanied by a copy of the purchase invoice. In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, the Buyer's liability may be engaged.
In this respect, the Buyer is expressly warned that the right of withdrawal cannot apply after the Products have been installed, since installation prevents the resale of the Product in its state.
In the event of exercising their right of withdrawal under the above conditions, the Buyer will be reimbursed for all the sums paid, including the delivery costs. However, the costs of returning the Products remain, as has been specified, the responsibility of the Buyer.
The Seller undertakes to reimburse the Buyer as soon as possible and at the latest within a period of fourteen (14) days following the date on which the right of withdrawal was exercised. This reimbursement date may be deferred by the Seller until the effective recovery of the Products.
9. WARRANTIES
All the Products sold by the Seller benefit from the legal warranties, namely the warranty of conformity provided for under Articles L. 217-1 et seq. of the Consumer Code, and the warranty against hidden defects provided for by Articles 1641 to 1649 of the Civil Code.
These warranties apply independently of any contractual or commercial warranty and allow the Buyer to return the delivered Products that are defective or non-compliant.
The warranties are not exclusive of the right of withdrawal.
- Legal warranty of conformity
Article L.217-4 of the Consumer Code provides that:
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been made their responsibility by the contract or has been carried out under their responsibility."
Article L.217-5 of the Consumer Code provides that:
"The goods conform to the contract:
1° If they are fit for the use usually expected of similar goods and, where applicable:
- if they correspond to 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;
- if they present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by their representative, in particular in advertising or labelling;
2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special use sought by the buyer, made known to the seller and which the latter has accepted."
Article L.217-7 of the Consumer Code provides that:
"Lack of conformity which appears within a period of twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked."
Article L.217-9 of the Consumer Code provides that:
"In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost in relation to the other method, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless it is impossible, according to the method not chosen by the buyer."
Article L.217-12 of the Consumer Code provides that:
"Action resulting from a lack of conformity is time-barred after two years from the delivery of the goods."
Commercial warranty
- Warranty against hidden defects
Article 1641 of the Civil Code provides that:
"The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, had they known of them".
Article 1644 of the Civil Code provides that:
"In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or of keeping the thing and having part of the price returned".
Article 1648 paragraph 1 of the Civil Code provides that:
"Action resulting from redhibitory defects must be brought by the acquirer within a period of two years from the discovery of the defect".
- Commercial warranty
The commercial warranty granted by the Seller is in addition to the aforementioned legal warranties, without replacing them.
The conditions of this warranty are accessible on the Site: put a link and specify whether this warranty is free or paid, I get the impression it is free.
- Scope of the warranty
The warranty does not apply if the following conditions have not been complied with:
- storage of the Products away from moisture;
- installation in accordance with the Seller's instructions for use and with best practice;
- use on a domestic 230 V current.
The warranty does not cover:
- the replacement of consumables;
- abnormal or non-compliant use of the Products (always consult the Products' instructions for use);
- faults linked to accessories (e.g. supply pipes);
- defects resulting from failure to comply with the conditions of storage, installation, use or normal maintenance of the Products.
The warranty does not apply to any deterioration that is the consequence of an overvoltage or of other anomalies in the power supply and distribution circuits.
Specific restrictions for central heating radiators:
- The water used to supply the heating circuit must be neither aggressive nor corrosive;
- The circuit must be free of metal debris, scale, grease, etc...;
- The expansion system must be generously sized in order to avoid frequent water top-ups;
- Not to have permanent overpressure at any point of the installation;
- Not to have abnormal water top-ups, due to leaks, parasitic draw-offs or other causes;
- In the case of the use of antifreeze, it must be of a quality appropriate to central heating, and never be used pure, but diluted to the desired percentage (without excess or shortfall) before its introduction into the circuit.
Additional restrictions for appliances in the central heating and electric versions:
- Slight cracks in the stone may appear without altering the safety, operation and performance of the appliance. They in no way affect its longevity. These slight cracks cannot be grounds for replacement of the heating elements under warranty;
- Excluded from the warranty is the deterioration of radiators due to glass breakage on "glass on stone" radiators;
- The warranty does not apply to replacement or repairs that would result from normal wear and tear, from deterioration or accidents due to faulty assembly, from a lack of maintenance or supervision, or from use of the equipment in conditions for which it was not intended.
- The benefit of the warranty would be automatically suspended in the event that the payment terms for the equipment are not observed by the Buyer;
- The warranty only applies if these appliances are used in accordance with the usual conditions of individual or commercial dwellings. In particular, they must not be:
- subjected to intensive and permanent ambient humidity (swimming pool, etc…);
- cleaned using products that may alter the properties of the original oxides and patinas.
- Terms of execution of the warranty and after-sales service
Any claim concerning the implementation of the legal or commercial warranties must be addressed to the Seller, either by post or electronically, to the address indicated in Article 1. The Products covered by the warranties must be returned new, complete and accompanied by their original packaging after receipt and confirmation of the claim by the after-sales service.
10. TREATMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
The Seller acts as a producer of products likely to give rise to waste electrical and electronic equipment (WEEE) within the meaning of the Environmental Code.
The Seller reminds Buyers that they are under an obligation not to mix waste electrical and electronic equipment with unsorted municipal waste. The presence of hazardous substances in electrical and electronic equipment is indeed likely to have effects on human health and the environment. It is therefore a priority to prevent and limit the production of waste, in particular through the reuse of electrical and electronic equipment.
The Seller makes available to its Buyers the following collection and recycling scheme for the WEEE arising from the equipment it has placed on the market: to be completed.
11. LIABILITY – INSURANCE
The Seller's liability cannot be engaged in the event of non-performance or poor performance of an order due either to the act of the Buyer, or to the insurmountable and unforeseeable act of a third party to the contract.
The Seller can only be held liable towards the Buyer for acts that are directly attributable to it and that have caused the Buyer direct harm.
The Seller's liability may also not be engaged for the inconveniences or damages linked to a service that it does not offer. In particular, it is not responsible for defects in the installation, use or maintenance of the Products or for damage caused by such installation, use or maintenance.
In all cases, the Seller's liability is totally excluded in the case of an event qualifiable as force majeure, understood as covering in particular the following facts: flood, pandemic, strike, regulation or requirement of the public authorities and, in general, any unavoidable and unforeseeable event beyond the control of the seller within the meaning given to it by law and case law.
The Seller certifies that it holds professional liability insurance covering the exercise of its activity, in particular the performance of these T&Cs, in the following territories: …………….
12. PERSONAL DATA
As part of placing their order or creating their customer account and, in general, of their exchanges with the Seller, the Buyer is required to communicate a certain number of personal data concerning them, such as, for example, their surname, first name, postal address, email address, and telephone number.
In accordance with the provisions of European Regulation No. 2016/679 of 27 April 2016 known as the "General Data Protection Regulation" or "GDPR", and of the amended French Data Protection Act (in particular by Law No. 2018-493, known as "LIL 3", of 20 June 2018 and its implementing decree as well as the rewriting ordinance No. 2018-1225 of 12 December 2018), the Buyer may acquaint themselves with the conditions of collection and processing of their personal data by consulting the Seller's Privacy Policy [insert a link and it will need to be drawn up].
13. INTELLECTUAL PROPERTY
The Seller remains the holder of all the intellectual property rights over the Products and over the Site.
It also remains the exclusive holder of the rights relating to its name and its distinctive signs.
The sale of a Product in no way constitutes the assignment or concession of any intellectual property right relating to the Product sold. In particular, the sale of a Product cannot be considered as authorising the exploitation of any right relating to a trademark, a design or model, a copyright or a patent of which the Seller is the holder, whether exclusively or not.
14. WAIVER
If the Seller occasionally waives its right to rely on one of the contractual provisions of these T&Cs, such conduct does not in any way constitute, in itself, a total or definitive waiver of the exercise of this right
15. SEVERABILITY
If one or more of the provisions of these T&Cs were to be declared inapplicable for any reason whatsoever, in particular pursuant to a law, a regulation or following a final decision of a competent court, the validity, applicability and scope of the surviving provisions will not be called into question.
16. CONSUMER MEDIATOR
The Buyer has the option of addressing their claims to the Seller at the details mentioned in Article 1. Any claim must be made in writing.
In all cases, in the event of a dispute concerning a sale carried out in performance of this contract, the Buyer has the option of resorting free of charge to the consumer mediation procedure, in accordance with Article L.211-3 of the Consumer Code.
Finally, the Buyer is informed that the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals of the European Union. This platform is accessible at the address webgate.ec.europa.eu/odr/.
17. APPLICABLE LAW AND COMPETENT COURT
These T&Cs are expressly subject to French law. Any dispute whatsoever will fall, in the absence of an amicable agreement, under the exclusive jurisdiction of the French courts competent pursuant to the rules laid down by the Code of Civil Procedure.