GENERAL TERMS OF SALE - INTERNET
Into force on 01/01/2017
ARTICLE 1 - Scope of application
The present General Conditions of sale (say "GTC") apply, without restriction nor reserves to all the sales concluded by the seller to non-professional ("customers or customer"), buyers who wish to acquire the products offered for sale ("products") by the seller on the site https://unicel-direct.com. The products offered for sale on the site are:
Features products, including the specifications, illustrations and indications of dimensions or capacity of products, are presented on the site https://unicel-direct.com that the customer is required to read before ordering. (non-contractual pictures)
The choice and the purchase of a product are the sole responsibility of the customer.
Product offerings are within the limit of stocks available, such as specified during the order process.
These terms and conditions are available at any time on the site https://unicel-direct.com and will prevail over any other document.
The customer declares having read the present terms and agreed by checking the box provided for this purpose before the implementation of the procedure of ordering online from the site https://unicel-direct.com.
Unless proved otherwise, the data saved in the computer system of the vendor constitute proof of all transactions with the customer.
The contact details of the seller are:
IMPACT EnR, SASU
Capital of 12000 euros
Registered at the RCS of Vienna, under the number 529 603 565 00019
Area Saint Germain, building the Saxo, 30 avenue du Général Leclerc
Phone: + 33 4 80 80 99 10
VAT number VAT en 80 529603565
The products presented on the site https://unicel-direct.com are offered for sale for the following Territories:
Germany, United Kingdom, Spain, Italy, Portugal, Belgium, Luxembourg, Paybas.
In the event of order towards one country other that the metropolitan France, the customer is the importer of the product concerned.
For all the products dispatched except European Union and DOM - TOM, the price will be calculated tax automatically on the invoice.
Of customs duties or other local taxes or import duties or state taxes are likely to be payable. They will be charged and are the sole responsibility of the customer.
ARTICLE 2 - prices
The products are provided at the rates listed on the https://unicel-direct.com site, during the recording of the order by the seller.
Prices are expressed in Euros, including VAT default...
Rates take into account any reductions that would be granted by the seller on the site https://unicel-direct.com.
These prices are firm and not reviewable during their validity period but the seller reserves the right, out-of-period of validity, to change prices at any time.
Prices do not include fees, shipping, transport and delivery, which are charged extra, under the conditions indicated on the website and calculated prior to placing the order.
Asked the customer payment corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the seller and the customer during the delivery of the ordered products.
ARTICLE 3 - orders
It is up to the customer to select the site of https://unicel-direct.com products he wants to order, as follows:
The selected customer a product that he puts in his basket, product he can delete or modify before validating his/her order and accept these terms of sale. It will then return its coordinates or will connect to its space and will choose the method of delivery. After validation of the information, the order will be considered final and will require payment on the part of the customer according to the terms.
Product offers are valid as long as they are visible on the site, within the limit of stocks available.
The sale will not be considered valid only after complete payment of the price. It is up to the customer to check the accuracy of the command and immediately report any error.
Any order placed on the site https://unicel-direct.com is the formation of a contract concluded remotely between the customer and the seller.
The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute as to the payment of a previous order.
The customer will be able to follow the evolution of his order on the site.
Any cancellation of the order by the customer will be possible before the delivery of the products (regardless of the provisions concerning the application) and the legal right of withdrawal.
In case of cancellation of the order by the customer after its acceptance by the seller within 2 days at least before the date for delivery of the ordered products, for any reason whatsoever except force majeure (and if any apart from the application of the legal right of withdrawal in the event where it might apply), an amount equal to 5% of the total amount of the purchase will be of right acquired to the seller and charged to the customer for damages and interest, for the injury so suffered.
ARTICLE 3 Bis - Space client - account
In order to place an order, the customer is prompted to create an account (personal space).
To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his marital status and its contact information, including email address.
The customer is responsible for the update of the information provided. It is stated to him that he can change them by logging into their account.
To access his personal space and order histories, the customer must identify himself by using his user name and his password which will be communicated to him after his registration and who are strictly personal. As such, the customer may not any disclosure. Otherwise, it will remain solely responsible for the use which is to be made.
The customer may also solicit her opt-out by going to the page on his personal space or sending an email to: email@example.com. It will be effective within a reasonable time.
Failure to respect the terms of sale and/or use the site https://unicel-direct.com will have the possibility to suspend or close the account of a customer after notice sent electronically and ineffective.
Any deletion of account, regardless of the reason, results in removal outright all personal information of the customer.
Any event due to a case of force majeure with the result a dysfunction of the site or server, and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the seller.
The creation of the account led the acceptance of the present general conditions of sale.
ARTICLE 4 - Conditions of payment
The price is paid by way of secure payment, as follows:
The price is payable by the customer in full on the day of placing the order.
Payment data is exchanged using encrypted using the protocol defined by the payment provider approved for bank transactions performed on the site https://unicel-direct.com.
Payments made by the customer will be considered definitive only after actual collection of amounts due, by the seller.
The seller is not required to proceed with the delivery of the products ordered by the customer if it don't him to pay the price in full under the above conditions.
ARTICLE 5 - delivery
The products ordered by the customer will be delivered in metropolitan France or in the following areas:
Germany, Luxembourg, Belgium, Italy, Spain, Portugal, United Kingdom.
Deliveries are involved within a period of 2 to 7 days depending on the country of delivery. The estimated time is indicated on the card of the product to the address indicated by the customer when ordering on the site.
The delivery consists of the transfer of the physical possession or control of the product the customer. Except particular cases or unavailability of one or more products, the ordered products will be delivered at once.
The seller undertakes to make its best effort to deliver the products ordered by the customer in the above specific deadlines. However, these delivery times are given as an indication.
If the products ordered were not delivered within a period of 15 days after the indicative delivery date, for any other reason that force majeure or due to the customer, the sale could be resolved at the written request of the customer under the conditions provided for in articles L 216 - 2, L 216 - 3 and L241-4 of the Code of consumption. The sums paid by the customer will be refunded no later than within 14 days following the date of termination of the contract, excluding any compensation or restraint.
Deliveries are made by an independent carrier, at the address indicated by the customer when ordering and to which the carrier can easily access.
When the customer is itself responsible for making call to a carrier he chooses himself, the delivery is deemed to be made upon delivery of the products ordered by the seller to the carrier which has accepted them without reserves. The customer recognizes that it is the carrier that it is to make the delivery and has no recourse in warranty against the seller in the event of non-delivery of goods transported.
In case of special customer's request concerning packaging or transport of the ordered products, conditions duly accepted in writing by the seller, the costs are related will be a complementary specific billing, on estimate previously accepted in writing by the customer.
The customer is required to check the condition of the delivered goods. It has a period of 30 days from delivery to formulate claims by Mail, accompanied by all supporting documents including related (including photos). After this time, and failing to have respected these formalities, the products will be deemed compliant and free from any apparent defect and no claim shall be validly accepted by the seller.
The seller will refund or replace as soon as possible and at his expense, the products which the defects or apparent defects or hidden will have been duly proved by the customer, under the conditions provided for in articles L 217 - 4 and following of the Code of consumption and those provided for in these terms.
The transfer of risk of loss or damage thereto, will be realized at the point where the customer will physically take possession of the products. The products travel so at the peril of the seller except when the Client chooses himself the carrier. As such, the risk is transferred at the time of delivery of the property to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the products of the seller will be realized only after complete payment of the price by the latter, and this regardless of the date of delivery of such products.
ARTICLE 7 - Right of withdrawal
Under the terms of article L. 222 - 7 of the Code of consumption "the consumer has a period of 14 days to exercise his right of withdrawal, without having to prove motive or to bear penalties.
The period during which can be exercised the right of withdrawal starts from the day where:
(1) the distance contract is concluded;
(2) the consumer receives the contractual terms and information, in accordance with article L. 222 - 6, if that date is later than that referred to in 1. ».
The right of withdrawal may be exercised online, using the form of withdrawal attached and also available on the site or any other statement, devoid of ambiguity, expressing the will to withdraw and by postal mail addressed to the seller at the address or mail indicated in ARTICLE 1 of the t &.
Returns are to be made in their original condition and complete (packing, accessories, instructions...) allowing their re-marketing the State 9, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not included. For obvious reasons of hygiene, in view of the purpose of use, will be taken back only filters the protective film has been removed.
The expenses of return remaining the responsibility of the customer.
The Exchange (subject to availability) or refund will be made within a period of 14 days from the receipt by the seller, products returned by the customer under the conditions provided for in this article.
ARTICLE 8 - liability of the seller - guaranteed
The products supplied by the seller are:
Provisions on the legal guarantees
L217-4 of the Code of consumption
"The seller is obliged to deliver a well in accordance with the contract and answers defects of compliance existing during deliverance. It addresses also the defects resulting from packaging, mounting or installation instructions when it has been to his office by contract or was carried out under his responsibility. »
Article L217-5 of the consumer Code
"The good conforms to the contract:
(1) if it is specific to the use normally expected of a similar property and, if so:
-If it fits the description given by the seller and has the qualities that it has presented to the buyer as a sample or model;
-If he has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) or if it has the defined characteristics of a mutual agreement by the parties or is any special use sought by the purchaser, to the knowledge of the seller and that the latter has accepted. »
Article L217-12 of the Code of consumption
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the product."
Article L217-16 of the Code of consumption
"When the buyer asks the seller, during the course of the commercial guarantee which has been granted during the acquisition or repair of a chattel, a reclamation under warranty, any period of immobilization of at least seven days adds to the warranty period remaining. This period runs from the request of intervention of the buyer or available for repair of the property in question, if this provision is subsequent to the application for action. »
Article 1641 of the civil Code.
"The seller is bound to the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so impair that use, that the buyer would not have bought it, or would have given a lower price, if he had known."
Article 1648 paragraph 1 of the civil Code
"The action resulting from redhibitory vices must be brought within a period of two years from the discovery of the defect by the purchaser."
In order to assert its rights, the customer must inform the seller in writing (email or mail), the non-compliance of the products or the existence of hidden defects of their discovery.
The seller will refund, replace or will repair the product or warranty parts judged non compliant or defective.
Shipping charges will be refunded based on the rate charged and the return costs will be reimbursed upon presentation of receipts.
Reimbursements of products deemed non-compliant or defective will be made as best as possible and at the latest within 15 days following the finding by the seller of the defect of compliance or the hidden defect. This refund may be made by credit card or by bank transfer.
The seller's liability could not be committed in the following cases:
The guarantee of the seller is, in any event, limited to the replacement or refund of the products not compliant or affected by a defect.
ARTICLE 9 - information technology and freedoms
Application of the law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the customer are needed to process his order and the establishment of the Bills, including.
These data may be disclosed to potential partners of the seller responsible for enforcement, treatment, management and payment orders.
The treatment of the information provided through the site https://unicel-direct.com made the object has been declared to the CNIL, 2028071 number.
The customer has, in accordance with national and European regulations in force of a right of permanent access, modification, rectification and opposition regarding the information.
This right may be exercised in the manner described under "legal notice" on the site https://unicel-direct.com.
ARTICLE 10 - Intellectual property
The content of the https://unicel-direct.com site is the property of the seller and its partners and is protected by the French laws and international intellectual property.
Any reproduction total or partial of this content is strictly prohibited and may constitute a crime of counterfeiting.
ARTICLE 11 - Applicable law - language
The GTC and the operations arising therefrom are governed and subject to french law.
These terms are written in French. In which case they would be translated into one or several foreign languages, only the french text would make faith litigation.
ARTICLE 11 - disputes
To make a claim please contact customer service at the address or e-mail the seller indicated in ARTICLE 1 of the GTC.
The customer is informed that he may in any event use conventional mediation, authorities of existing sectoral mediation or any alternative resolution of disputes (conciliation, for example) in case of dispute.
The Client is also informed that he can also use the platform of the dispute (RLL) online: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which operations of purchase and sale entered into pursuant to these terms and which would not have is being an amicable settlement between the seller or by mediation, will be submitted to the competent courts in the conditions of ordinary law.
This form must be completed and returned only if the Client wishes to withdraw from the order placed on https://unicel-direct.com except exclusions or limitations on the exercise of the right of withdrawal according to the terms of applicable.
The attention of SASU, IMPACT EnR
Area Saint Germain, building the Saxo, 30 avenue du Général Leclerc
Hereby I shall notify the withdrawal from the contract on the property below:
-Order of the (indicate the date)
- Nom du Client : ...........................................................................
- Adresse du Client : .......................................................................
Signature of the customer (only in the case of a notification of this form on paper)