General Terms and Conditions of Sale Online
These General Terms and Conditions of Sale are current as of October 31, 2018.
- These General Terms and Conditions of Sale (GTC) are proposed by SIROWA FRANCE (hereinafter the “Company”), a limited liability company with a capital of 10,000 euros registered in the Lyon Trade and Companies Register, with its registered office 92, Cours Lafayette 69003 Lyon (hereinafter the “Company”).
- His non-premium telephone number is 06.14.98.62.40 his e-mail address is firstname.lastname@example.org and his individual VAT identification number FR 84 834932956.
- The Company is represented by Maxime BEDU.
- The Company is the distributor of the Pulsaar brand and publisher of the websites https://www.bepulsaar.fr and the French version of https://www.bepulsaar.com (hereinafter the “Site (s)”) ). The Site is hosted by LFM Pharma SA, owner of the Pulsaar brand.
- The director of the publication is Maxime BEDU.
- The Website offers the customer (hereinafter the “Customer”) the opportunity to purchase the products of the Pulsaar brand (the “Products”) through the online store.
- Before using the Site, the Customer must ensure that he has the technical and computer resources to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his equipment is in good condition and does not contain any viruses.
- APPLICATION AND OPPOSABILITY OF TERMS
- The purpose of these T & Cs is to define all the conditions under which the Company markets the Products as offered for sale on the Website to Customers.They therefore apply to any Order (hereinafter the “Order”) Products passed on the Site by the Customer.
- The Customer declares to have read and accepted these Terms and Conditions before placing his Order.
- Validation of the Order is therefore acceptance of these Terms. These are regularly updated, the applicable GTC are those in force on the Site at the date of placing the Order.
- Any contrary condition posed by the Customer would be, in the absence of express acceptance, unenforceable against the Company regardless of when it may have been brought to its attention.
- The fact that the Company does not avail itself of any provision of these GTC at any given time can not be interpreted as a waiver of any provision of these GTC at a later date.
- CONCLUSION OF THE CONTRACT AND ORDER OF PRODUCTS ON THE SITE
- Products offered for sale are described and presented as accurately as possible. Nevertheless, without limitation, a minimal variation in the color or composition of the product (s) does not engage the responsibility of the Company and does not affect the validity of the sale.
- The Company reserves the right to correct the content of the Site at any time.
- The goods can only be sold in customary quantities for personal use.
- The Customer selects the Products he wishes to buy, and can access at any time the summary of his Order.
- The summary of the Order presents the list of the Product (s) that the Customer has selected, and includes any additional costs such as the delivery price in addition to the price of the Products of the Order. The Customer has the opportunity to modify his Order and correct any errors before accepting the Order.
- After having access to the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the Terms and Conditions, then clicking on the validation icon of the Order. “Confirm your payment” or a similar, unambiguous form appears next to the Order Confirmation icon to ensure that the Customer explicitly acknowledges its obligation to pay for the Order.
- After acceptance of the T & C and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
- After the validation of his Order and in order to proceed to the payment, the Customer enters the details to which he wishes to obtain delivery of the ordered Product (s), and billing if they are different. The delivery process of the ordered Product (s) is described in article 5 of these Terms and Conditions.
- The Company then sends a confirmation of Order by email, including the elements of the summary of the Order and the delivery addresses and if applicable billing information.
- After having validated his delivery details and, where applicable, invoicing, the Customer proceeds to the payment of his Order according to the terms specified below.
- PRICE AND TERMS OF PAYMENT OF THE ORDER
- The prices are mentioned on the Site in the descriptions of the Products, in euros and all taxes included.
- The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates the Order, informs and confirms the delivery details and if applicable billing and proceeds to payment. This total amount is indicated in all taxes. The total amount also includes delivery charges, the amount of which is specified.
- The Order of the Products on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, by credit card by the Customer.
- In case of payment by credit card, the Site uses the security system of a provider specializing in secure online payment. This system guarantees the Customer the total confidentiality of his banking information. The bank card transaction between the Customer and the secure system is fully encrypted and protected.The bank details of the Client are not stored electronically by the Company.
- The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
- The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of performance, in case of non-payment or partial payment of any sum that would be due by the Customer to the Company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.
- The Product (s) proposed on the Site may be delivered to Metropolitan France as well as to the Member States of the European Union and Tunisia, Algeria and Morocco.
- The Company undertakes to deliver the Product (s) within a period not exceeding 10 working days from the date of Order, subject to availability of products.
- The Customer is informed by email, when his Order is ready, of his shipment. The ordered product (s) is (are) delivered to the delivery address indicated by the Customer when placing his Order under the conditions specified in Article 8 of these Terms.
- The Customer must ensure that the information provided in article 8 of these Terms and Conditions is correct, and that they remain so until complete delivery of the product (s) ordered (s). The Customer undertakes to inform The Company of any change in billing and / or delivery details that may occur between the Order and the delivery, by sending, without delay, an email to the email address Customer Service. Otherwise, in case of delay and / or error of delivery, the Customer can not in any case incur liability of the Company in case of default of delivery, and the Customer Service of the Company will contact the Customer for a second delivery on client fee.
The Company will also not be liable if the non receipt of the Products is due to the fact of a third party outside its intervention or in case of theft.
In case of return of the Order due to the absence of the Customer, the Customer Service of the Company will contact the Customer for a second delivery at the expense of the Customer.
- CUSTOMER SERVICE
For any request for information, clarification or for any claim, the Customer must contact, as a priority, the Customer Service of the Company, to allow the latter to try to find a solution to the problem.
- The Company’s Customer Service is accessible on weekdays of the week at regular office hours using the following coordinates:
- telephone (not surcharged) 09 80 80 06 69
- email: email@example.com
SIROWA France Sàrl
92 courses Lafayette
- EQUAL AND COMMERCIAL GUARANTEES
- All Products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the French Civil Code: Article L.217-4 of the French Consumer Code: “The seller delivers a good in conformity with the contract and answers for the lack of conformity existing at the time of the deliverance. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility “.
Article L.217-5 of the Consumer Code : “The property conforms to the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
– it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and the latter has accepted “. Article L.217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the property”. 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 reduce such use so much that the buyer would not have not acquired, or would have given a lower price, if he had known them. Article 1648 of the Civil Code, first paragraph: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect”.
- If a Customer considers that he has received a Product that he considers defective or non-compliant, he must contact the Company, as soon as possible after the receipt of the Order, to the following email address: info @ sirowa. com, or by registered mail with acknowledgment of receipt to the following address: SIROWA France Sàrl, Mamaworks, 92, Cours Lafayette 69003 Lyon, stating the defect or non-compliance in question.
- It will be up to the Customer to provide any justification for the designation of apparent defects and / or anomalies noted. The Customer must leave the Company any facility to proceed to the detection of these defects or nonconformities and to remedy it if necessary. He will refrain from intervening himself or involving a third party for this purpose.
- If the defects and / or anomalies are confirmed by the Company, the Company will then send the Customer instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, proceed to the replacement of the product of which the Company would have been obliged to note the lack of conformity, or the defect.
- In the event that the exchange of the product is impossible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on a proposal from the Company by credit to the Client’s bank account, the Customer may opt for another method of reimbursement than the one proposed.
- CUSTOMER OBLIGATIONS
- The Customer agrees to comply with the terms of these Terms.
- The Customer agrees to use the Site in accordance with the instructions of the Company.
- The Customer agrees that he uses the Site only for his personal use, in accordance with these Terms. In this respect, the Customer agrees to abstain:
- Use the Site in any way illegal, for any unlawful purpose or in any way inconsistent with these TOS.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content on the Site or decompile, reverse engineer, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
- Attempt to gain unauthorized access to the Site’s computer system or engage in any disruptive activity, decreasing the quality or interfering with performance or impairing the functionality of the Site.
- Use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and / or resell or attempt to resell the products to third parties.
- To denigrate the Site and / or the products as well as the Company on social networks and any other means of communication.
- If, for any reason, the Company considers that the Customer does not comply with these Terms, the Company may at any time, and at its sole discretion, remove its access to the Site and take any measures including any civil and criminal proceedings to against him.
- RIGHT TO RETRACT
- In accordance with Articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without have to justify reasons or pay a penalty.
- To exercise the right of withdrawal of the Order, the Customer must notify its decision of retraction by means of a declaration without ambiguity, without justifying reasons. The Customer may communicate its decision of retraction to the Company by any means, in particular by sending it by mail to the Company at the following address: firstname.lastname@example.org, or by registered mail with acknowledgment of receipt to the following address : SIROWA France Sàrl, Mamaworks, 92, Cours Lafayette 69003.
- The Customer has on the Site a withdrawal form to complete. Once completed, the withdrawal form, which constitutes a withdrawal decision, can be sent directly to the Company by clicking on the sending icon provided for this purpose. The form can be found at the following address: [link to the form available on the site to insert].
- In case of notification to the Company by the Customer of his decision to withdraw, regardless of the means used, the Company will send him without delay an acknowledgment of receipt of the retraction on a durable medium (including by fax, mail or email).
- The Customer must return the product (s) in the same condition as the one in which he / she received it (s), and with all the packaging elements, accessories and notices (even if ( s) product (s) has or have been unpacked (s)), as soon as possible and at the latest within 14 days from the notification of the decision of retraction of the present contract, with the following address: SIROWA France Sàrl, Mamaworks, 92, Cours Lafayette, 69003 Lyon.
- In accordance with the law, the Customer bears the cost of returning the product (s).
- The Customer is invited to indicate the reason for return / withdrawal, to help the Company improve its product (s).
- In the event of withdrawal by the Customer, the refund of the Product (s) which has or has been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this refund will not incur any costs for the Customer. The reimbursement is made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Client’s decision to cancel the Order.
- In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that he is only liable to the Company for the depreciation of the Product (s), returned (s) following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods. Thus, if the product has been tasted by the Customer and this has led to a depreciation, the Customer can not exercise its right of withdrawal in an effective and total way and the Company may only make a partial refund.
- The Company implements all the measures necessary to assure to the Customer the supply, under optimal conditions, of Product (s) of quality. However, it can not in any way be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unpredictable and insurmountable event of a third party who is not a party to the contract, or a case of force majeure. More generally, if the liability of the Company were engaged, it could in no way agree to compensate the Customer for indirect damages or whose existence and / or quantum would not be established by evidence.
- The Site may contain links to other sites not edited or controlled by the Company, which can not be held responsible for the operation, content or any element present or obtained through these sites.
- The setting up of such links or the reference to any information, articles or services provided by a third party, can not and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements. of their contents.
- The Company is not responsible for the availability of these sites and can not control the content or validate the advertising, product (s) and other information posted on these websites.
- It is expressly stipulated that the Company can not be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment voucher, the summary statement of the Order or the tracking e-mail.
- The Customer is fully aware of the provisions of this article and in particular the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
- PERSONAL DATA – COOKIES – SECURITY
- COOKIES AND STATISTICAL TOOLS
- In accordance with the CNIL’s deliberation 2013-378 of December 5, 2013, the Company also informs Customers that cookies record certain information that is stored in the memory of their hardware / IT equipment. This information is used to improve the use and operation of the Site. An alert message asks each person visiting the Site, in advance, if they wish to accept cookies. These cookies do not contain any confidential information about the Clients.
- The Customer going to the home page of the Site will be informed:
- precise purposes of the cookies used;
- the ability to oppose these cookies and change the settings by clicking on a link in the banner;
- and the fact that the continuation of its navigation is worth agreeing to the deposit of cookies on its terminal.
- To guarantee the free, informed and unambiguous consent of the Customer, the banner will not disappear until it has continued to navigate.
- Without prior consent of the Customer, the deposit and reading of cookies will not be made:
- if the Customer visits the Site (home page or directly on another page of the Site) and does not continue to browse: a mere absence of action can not be equated with a manifestation of will;
- or if he clicks on the link present in the banner allowing him to set cookies and, if necessary, refuses the deposit of cookies.
- The Customer undertakes not to undermine the security of the Site. To this end, it undertakes not to proceed to any fraudulent access and / or maintenance in the Company’s information system. The Customer can not harm or interfere with the Company’s information system. Failing this, the Company may take any measure against it and notably incur criminal liability under Articles 323-1 et seq. Of the Penal Code.
- INTELLECTUAL PROPERTY
- All elements of this Site and the Site itself, are protected by copyright, the right of trademarks, designs and / or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
- The use of the name and brand Pulsaar, logos, designs, stylized letters, figurative marks, and all signs represented on this Site is exclusively reserved for the Company on French territory.
- No title or right to any element or software will be obtained by downloading or copying elements of this Site. It is expressly forbidden for the Customer to reproduce (except for personal and noncommercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software contained therein, no more that modify or perform any work by taking them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site or any related software.
- The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and can not be transferred or transferred to any third party. The license is granted for the duration of use of the Site.
- Any use by the Customer of corporate names, trademarks and separate signs belonging to the Company is strictly prohibited unless expressly agreed by the Company.
- By ticking the box provided for this purpose or by expressly agreeing to this end, the Customer agrees that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to his activity.
- When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for products similar to those ordered.
- Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
- APPLICABLE LAW AND JURISDICTION
- These Terms and Conditions are governed by and construed in accordance with French law, without regard to conflict of laws principles.
- In the event of a dispute that may arise during the interpretation and / or execution of these Terms and Conditions or in relation to these Terms and Conditions, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute settlement.
- The Client can visit the European platform for consumer dispute resolution set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec. europa.eu/odr/ .
- In case of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the Code of Civil Procedure will apply.
To the attention of :
I / we (*) notify you (*) hereby my / our (*) withdrawal of the contract relating to the sale of the goods (*) below:
Ordered on (*) / received on (*):
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in case of notification of this form on paper):
(*) Delete the mention useless.