GENERAL CONDITIONS OF SALE – INTERNET
In force on 12/05/2020
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the https://staging.bougiespetitcaprice.com site. The Products offered for sale on the site are as follows:
- Spark plugs
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://staging.bougiespetitcaprice.com which the customer is required to read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
The offers of Products are understood within the limits of available stocks, as specified when placing the order.
These GTC are accessible at any time on the https://staging.bougiespetitcaprice.com website and will prevail over any other document.
The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose before the implementation of the online order procedure of the https://staging.bougiespetitcaprice.com site.
Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Voirin Bastié Fanny
4 rue des Chaufourniers, 30620 Bernis
Registration number: 829851062
email: contact [@] staging.bougiespetitcaprice.com
phone : 06 13 73 74 08
ARTICLE 2 - Prices
The Products are supplied at the rates in force appearing on the site https://staging.bougiespetitcaprice.com, when the order is registered by the Seller.
Prices are expressed in Euros, HT and TTC.
The rates take into account any reductions that may be granted by the Seller on the https://staging.bougiespetitcaprice.com site.
These rates are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select on the site https://staging.bougiespetitcaprice.com the Products he wishes to order, according to the following methods:
The Customer chooses a Product that he puts in his basket, Product that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the https://staging.bougiespetitcaprice.com site constitutes the formation of a contract concluded at a distance 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 relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
- payment by credit card
- payment by PayPal
The price is payable in cash by the Customer, in full on the day of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider involved in banking transactions carried out on the https://staging.bougiespetitcaprice.com site.
Payments made by the Customer will only be considered final after the Seller has actually collected the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in metropolitan France.
Deliveries take place within 3 days to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within 15 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may 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 Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer has himself taken care of using a carrier he chooses himself, the delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
The Seller also offers free delivery in one of its stores accessible via the link or the following locations: 4 rue des Chaufourniers, 30620 Bernis
In the event of a special request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be the subject of a specific additional invoice, on quotation previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. He has a period of 3 days from delivery to make complaints by email, telephone, accompanied by all the supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto, will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Risk and Peril of the Seller except when the Customer has himself chosen the carrier. As such, the risks are transferred at the time of delivery of the good to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone or off-premises canvassing, without having to justify his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph shall run from the day of:
- The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
- The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece.
For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good. »
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - Seller's Liability - Guarantees
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for Products that are defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
'The property is in conformity with the contract:
- If it is fit for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2.Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity shall be time-barred by two years from the delivery of the goods."
Article 1641 of the Civil Code.
"The seller is bound by the guarantee in respect of hidden defects in 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 have given only a lower price, if he had known them."
Article 1648 paragraph 1 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."
Article L217-16 of the Consumer Code.
"When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remained to run. That period shall run from the date of the buyer's request for intervention or from the making available for repair of the goods in question, if such making available is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 15 days of the Seller's finding of the lack of conformity or hidden defect. This refund can be made by bank transfer or check.
The Seller cannot be held liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the Seller.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data that are collected on the https://staging.bougiespetitcaprice.com site are as follows:
When ordering Products by the Customer:
Surnames, first names, postal address, telephone number and e-mail address.
As part of the payment of the Products offered on the https://staging.bougiespetitcaprice.com site, it records financial data relating to the bank account or credit card of the Customer / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data Controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Restriction of processing
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the https://staging.bougiespetitcaprice.com site have the following rights:
They can update or delete their data in the following ways:
On request by email via the contact form.
They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller"
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller"
If the personal data held by the Seller are inaccurate, they may request the updating of the information information by writing to the address indicated in Article 9.3 "Data Controller"
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Controller"
They may also request the portability of the data held by the Seller to another service provider
Finally, they can oppose the processing of their data by the Seller
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The controller must provide a response within a maximum period of one month.
In case of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in case of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the https://staging.bougiespetitcaprice.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.
ARTICLE 11 - Applicable law - Language
These GTC and the operations resulting from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint please contact customer service at the seller's postal or email address indicated in ARTICLE 1 of these GTC.
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or with any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In the present case, the appointed mediator is
The Customer is also informed that he may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://staging.bougiespetitcaprice.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of Voirin Bastié Fanny
4 rue des Chaufourniers, 30620 Bernis
I hereby notify the withdrawal of the contract relating to the property below:
- Order from (indicate date)
- Order number: ...........................................................
- Name of the Client: ..............................................................
- Address of the Customer: .......................................................................