5.4. Prices

For all products, the customer will find on the site of the posted prices in euros all taxes included, as well as the delivery costs applicable (depending on the weight and volume of the parcel, outside packaging and gifts, the delivery address and the carrier or mode of transport chosen).

Prices include in particular the tax on the value added tax (VAT) at the rate in force on the date of order. Any change of the applicable rate may affect the price of the products from the date of entry into force of the new rates.

The rate of VAT applicable is expressed as a percentage of the value of the product sold.

The prices of the suppliers of the seller are likely to be modified. Accordingly, the prices indicated on the site may change. They can also be changed in the case of offers or special sales.

The prices indicated are valid, except gross error. The applicable price is the one indicated on the website on the date on which the order is placed by the customer.

5.5. Availability of products

the unavailability of a product is in principle indicated on the page of the product concerned. Customers can also be informed of the flexing of a product by the seller.

In any case, if the unavailability was not specified at the time of the Order, the seller undertakes to inform the customer without delay if the product is unavailable.

The seller may, at the request of the customer:
either propose to ship all products at the same time as soon as the products out of stock will be available again,

either proceed to a partial shipment of products available in a first time, then to the expedition of the rest of the command when the other products will be available, subject to a clear information concerning the additional transport costs which may be incurred,

or propose an alternative product quality and price equivalents, accepted by the client.

If the customer decides to cancel its order for products unavailable, he will get the refund of all sums paid for products unavailable at the latest in the thirty (30) days of the payment

 

 

7.1. Means of payment

the customer can pay its online products on the site following the means proposed by the seller.

The CUSTOMER guarantees to the seller that it holds all required permissions to use the chosen means of payment.

The seller will take all the necessary measures to ensure the security and confidentiality of the data transmitted online in the framework of the payment on line on the site.

It is to this title specified that all the information relating to the payment provided on the site are transmitted to the bank of the site and are not treated on the site.

7.2. Date of payment

in the case of a single payment by credit card, the account of the client will be charged as soon as the command of products placed on the site.

In the event of partial delivery, the total amount will be debited from the account of the client at the earliest when the first package will be shipped. If the customer decides to cancel its order for products unavailable, reimbursement will be made in accordance with the last paragraph of Article 5.5 of the present General Conditions.

7.3. Delay or refusal of payment

if the bank refuses to debit a card or other means of payment, the customer will need to contact the Customer Service of the vendor in order to pay the order by any other means of payment valid.

In the hypothesis where, for whatever reason, opposition, refusal or other, the transmission of the flow of money due by the client proves to be impossible, the order will be canceled and the sale automatically terminated.

 

 

12.1. Guarantee of compliance

Article L.211-4 of the Consumer Code: “The vendor is required to deliver goods in conformity with the contract and liable for defects of conformity existing at the time of issuance. It also responds defects of conformity resulting from the packaging, instructions for assembly or installation when it was put to its load by the contract or has been done under his responsibility. “

Article L.211-5 of the Code of Consumption: To be in conformity with the contract, the well must:

1° Be own to the use usually expected of a similar property and, where appropriate:

– correspond to the description given by the seller and possess the qualities that it has presented to the buyer in the form of the sample or model;

– present the qualities that a buyer can legitimately expect with regard to public statements made by the seller, the producer or by his representative, including in advertising or labelling;

2° or present the characteristics defined by common agreement by the parties or be clean at any special use sought by the buyer, brought to the knowledge of the seller and That the latter has accepted.

The seller is obliged to deliver a consistent product that is-to-say own to the expected use of a similar property and corresponding to the description given on the site. This compliance also assumes that the product presents the qualities that a buyer can legitimately expect with regard to public statements made by the seller, including in advertisements and on the labels

in this framework, the seller is likely to respond defects of existing compliance when issuing and defects of conformity resulting from the packaging, instructions for assembly or installation when it was put to its load or has been done under his responsibility.

The action resulting from the default of compliance is prescribed by two (2) years from the date of the issuance of the product. (Article L.211-12 of the Consumer Code)

In the event of default of compliance, the customer may ask for the replacement or repair of the product, at its choice. However, if the cost of the choice of the customer is clearly disproportionate to the gaze of the other option, taking into account the value of the product or of the importance of the default, the seller will be able to perform a refund, without follow the option chosen by the customer.

In the hypothesis or a replacement or repair would be impossible, the seller undertakes to return the price of the product under 30 days upon receipt of the returned product and in exchange for the return of the product by the customer to the following address LE POINT DU JOUR 23260 CROCQ.

Finally, the client is provided to report the evidence of the existence of the lack of conformity of the product during the six (6) months following the issuance of the well.

It is stated that the present legal guarantee of compliance applies independently of the commercial guarantee granted, if applicable, on the products.

12.2. Guarantee of hidden defects

the seller is obliged to guarantee because of the hidden defects of the sold product, which render it unfit for the use for which it was intended or which so diminish the use that the customer would not have acquired, or would not have given a lesser price, if he had known. (Article 1641 of the Civil Code)

This warranty allows the customer who can prove the existence of a hidden defect to choose between the refund of the price of the product if it is returned and the reimbursement of a part of its price, if the product is not returned.

In the hypothesis or a replacement or repair would be impossible, the seller undertakes to return the price of the product under 30 days upon receipt of the returned product and in exchange for the return of the product by the customer to the following address LE POINT DU JOUR 23260 CROCQ. The action resulting from the prohibitive defects must be brought by the customer in a period of two (2) years from the date of the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code).

 

 

Article n° 13  :  Liability

The liability of the SELLER will not be able to in no case to be committed in the event of failure or poor performance of the contractual obligations attributable to the client, in particular during the seizure of his command.

The vendor will not be held for responsible, or considered as having failed to present, for any delay or breach, when the cause of the delay or failure to execute is linked to a case of force majeure such as it is defined by the jurisprudence of the courts and tribunals french.

It is also stated that the seller does not control the web sites which are directly or indirectly related to the site. Accordingly, it excludes all liability in respect of the information which are published. The links to third party web sites are provided for information purposes only and no guarantee is given as to their content.

Article n° 14  :  Personal Data

The seller collection on the site of the personal data concerning its clients, including through the use of cookies. The customers can disable cookies by following the instructions provided by their browser.

The data collected by the Seller are used in order to process orders placed on the website, manage the account of the client, analyze the commands and, if the customer has chosen this option, send him the mails of commercial prospection, newsletters, promotional offers and/or information on special sales, except if the customer does not wish to receive such communications from the part of the seller.

The data of the customer are kept confidential by the seller in accordance with its declaration made to the CNIL, for the needs of the contract, its execution and in compliance with the Act and GDPR, the new EU general data protection regulation.

Customers can at any time unsubscribe by accessing their account or by clicking on the hypertext link provided to this effect at the bottom This each offer received by electronic mail.

The data may be communicated, in whole or in part, the providers of services of the SELLER involved in the ordering process. For commercial purposes, the seller may transfer to its trading partners the names and contact information of its customers, on condition that they have given their prior agreement when registering on the site.

The seller will specifically ask customers if they want their personal data may be disclosed. Customers will be able to change the view at any time on the site or by contacting the seller.

The seller may also request to its customers if they wish to receive commercial solicitations of its partners.

In accordance with the law n°78-17 of 6 January 1978 relative to computing the files and freedoms, the customer benefits from a right of access, rectification, opposition (for legitimate reasons) and suppression of its personal data. It may exercise this right by sending an email to the address: Info@chapal.fr either by sending a mail to LE POINT DU JOUR 23260 CROCQ.

It is specified that the client must be able to justify its identity, either by scanning a piece of identity, either by sending the seller a photocopy of identity.

14.1 Cookies

We use technology such as “cookies” to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page.

We use the following categories of cookies on our Website:

CATEGORY 1: STRICTLY NECESSARY COOKIES These cookies are essential in order to enable you to move around the website and use its features. Without these cookies, services you have asked for such as remembering your login details or shopping basket items cannot be provided.

CATEGORY 2: PERFORMANCE COOKIES These cookies collect anonymous information on how you use our Website. For example, we use Google Analytics cookies to help us understand how customers arrive at our site, browse or use our site and highlight areas where we can improve areas such as navigation, shopping experience and marketing campaigns. The data stored by these cookies does not show personal details from which your individual identity can be established. You may opt-in to these cookies using your browser settings..

CATEGORY 3: FUNCTIONALITY COOKIES These cookies remember choices you make such as the country you visit our website from, language and search parameters such as size, colour or product line. These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. You may opt in to these cookies using your browser settings.

CATEGORY 4: TARGETING COOKIES OR ADVERTISING COOKIES These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. They remember the websites you visit and that information is shared with other parties such as advertisers. For example, we use third party companies to provide you with more personalised adverts when visiting other websites. You may opt-in to these cookies using your browser settings.

CATEGORY 5: SOCIAL MEDIA COOKIES These cookies allow you to share what you’ve been doing on the website on social media such as Facebook and Twitter. Please refer to the respective privacy policies for how their cookies work. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your Internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website.

You can withdraw your consent to these cookies at any time through the following options:

• Google Analytics cookies across all websites, please visit Google Analytics Opt-out Browser Add-on;

• other third party cookies relating to behavioural advertising, please go to www.youronlinechoices.eu.

• any other type of cookies, you can clean the cookies through your browser settings.

Please note that refusing cookies does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver adverts tailored to your web preferences and usage patterns, so you may see a greater number of adverts that are irrelevant to you and your preferences.

 

Article n° 15  :  Claims

The seller puts at the disposal of the client a “phone service customer” at the following number: 06 16 11 56 60 (non-premium rate number).

Any written complaint of the customer must be sent to the following address: LE POINT DU JOUR 23260 CROCQ.

 

Article n° 16  :  Intellectual property

All visual and sound elements of the site, including the underlying technology used, are protected by the copyright law, the law of trade marks and/or patents.

These elements are the exclusive property of the seller. Any person who publishes a web site and wants to create a direct link to the site must ask the permission of the Seller in writing.

This authorization of the SELLER shall in no case be granted in a definitive manner. This link will be deleted at the request of the seller. The hypertext links to the site that use techniques such as the framing (framing) or the insertion by hypertext links (in-line linking techniques) are strictly prohibited.

Article n° 17  :  Validity of the General Terms and conditions

Any amendment of the legislation or of the regulations in force, or any decision of a competent court invalidating one or several clauses of these General Conditions cannot affect the validity of the present General Conditions. Such an amendment or decision would in no case allow customers to ignore the present General Conditions.

All conditions not expressly dealt with in the present will be governed in accordance with the use of the commerce sector to individuals, for companies whose headquarters is located in France.

Article n° 18  :  Modification of Terms and Conditions

These Terms and Conditions apply to all purchases made online on the site, as long as the site is available online.

The General Conditions are dated in a precise manner and may be modified and updated by the seller at any time. The General Terms and conditions applicable are those in force at the time of the command.

The changes to the Terms and Conditions shall not apply to products already purchased.

Article n° 19  :  Jurisdiction and Applicable Law

The present General Conditions as well as the relations between the customer and the Seller are governed by the French law.

In case of dispute, only the French courts will be competent.

However, prior to any recourse to the judge of referees or state, will be the preferred approach the negotiations in a spirit of loyalty and good faith with a view to reaching an amicable agreement at the time of the occurrence of any dispute relating to this Contract, including on its validity.

The party wishing to implement the process of negotiation must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties were unable to agree, the dispute will be submitted to the competent court designated below.

During the whole process of negotiation and up to its outcome, the Parties shall prohibit to exercise any legal action against the other and for the conflict object of the negotiation. By exception, the parties are permitted to enter the jurisdiction of the referred or to seek the issuance of an order on request. A possible action before the court hearing the application for interim measures or the implementation of a procedure on request does not entail on the part of the Parties no waiver to the clause to amicable arrangement, except contrary intention Express.

Annex 1 – Policy of withdrawal

Principle of retraction

The customer has by principle of the right to return or to return the product to the seller or a person designated by the latter, without undue delay and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless the seller does not propose to recover itself the product.

Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the customer or a third party other than the carrier and designated by the customer, takes physical possession of the product.

In the case where the client would have ordered several products via a single command giving rise to several deliveries (or in the case of an order for a single product delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the customer or a third party other than the carrier and designated by the customer, takes physical possession of the last product delivered.

Notification of the right of withdrawal

For the exercise of his right of withdrawal, the customer must notify its decision to withdraw from the present contract by means of a statement devoid of ambiguity to: LE POINT DU JOUR 23260 CROCQ or info@chapal.fr.

It may also use the form below:

FORM OF RETRACTATION
has the attention of [*] (*coordinates of the seller)

Seller Phone Number*:
fax number of the vendor*:
E-mail address of the SELLER*:

I hereby notify you my withdrawal of the contract relating to the sale of the product below:

Reference of the product
no. of the invoice:
No. of good to command:
– ordered the

__]/received the

_]– Means of payment used:
– name of the customer and where appropriate of the beneficiary of the command:
– Customer Address:
– Delivery Address:
– Signature of the Customer (except in the case of transmission by e-mail)
– date

Tor that the withdrawal period is respected, the client must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the period of withdrawal.

The effects of the withdrawal

In the event of withdrawal on the part of the client, the seller undertakes to repay all of the amounts paid, including the expenses of delivery without undue delay and, in any case, no later than fourteen (14) days from the day where the seller is informed of the willingness of the client to retract.

The seller will refund using the same means of payment that the customer will be used for the original transaction, unless the Customer expressly agrees to a different way, in any case, this rebate will not result in any cost to the customer.

The seller may defer the reimbursement up to the receipt of the property or until the client has provided proof of shipping the property, the date chosen as being that of the first of these facts.

Terms and conditions to return

The customer shall, without undue delay and, in any case, no later than fourteen (14) days after the communication of its decision to withdraw from the present Contract, return the well, to: LE POINT DU JOUR 23260 CROCQ.

This time limit is deemed respected if the customer returns the well before the expiry of the period of fourteen days.

The costs of return

The product must be shipped back in the box used for its first shipment, in perfect condition and its state will guarantee the SEELER decision to send money back or to exchange for a new item.

Should any damage occur on the item due to customer’s responsability, the seller will not accept to reimburse.

The client will take in charge the direct cost of returning the well.

State of well returned

The product must be returned following the instructions of the vendor and include all accessories that shipped.

The responsibility of the client is not engaged only in respect of the depreciation of the asset resulting from manipulation other than those necessary to establish the nature, characteristics and the proper functioning of this product. In other words, the customer has the possibility to test the product but its responsibility may be engaged if it conducts manipulation other than those which are necessary.

Exclusions from the Right of Withdrawal

The right of withdrawal is excluded in the following assumptions: the

• provision of goods or services whose price depends on fluctuations in the financial market
• supply of goods made according to the specifications of the client or clearly personalized
• provision of goods likely to deteriorate or expire rapidly
• provision of audio or video recordings or sealed software that have been unsealed after delivery
• Newspaper, periodical, magazine (except the subscription contract) the
• provision of accommodation services other than for residential purposes, transportation of goods, car rental, restore, or services related to leisure activities if the offer provides a date or period of specific execution
• provision of goods which by their Nature are mixed inseparably to other articles
• Supplies of sealed goods may not be returned for reasons of protection of health or hygiene and who have been unsealed by the customer after delivery
• The supply of alcoholic beverages whose price has been agreed at the time of the conclusion of the contract of sale, including the delivery may be carried out only after 30 days and whose real value depends on fluctuation on the market beyond the control of the vendor
• supply of a digital content not supplied dematerialized if the execution has begun with the express prior approval of the consumer, which has also recognized that it will lose its right of withdrawal
• the contracts concluded at a public auction

ANNEX 2 –  DELIVERY POLICY

DELIVERY AREA

The PRODUCTS offered can only be delivered on the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS will be sent to the delivery address (es) that the CLIENT will have indicated during the ordering process.

Shipping Time

The deadlines for preparing an order and then establishing the invoice before shipment of the PRODUCTS in stock are mentioned on the SITE. These periods are excluded weekends or public holidays.

An e-mail will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the e-mail address contained in the registration form is correct.

Shipping & Delivery

During the order process, the SELLER informs the CUSTOMER of the possible delays and shipping formulas for the PRODUCTS purchased.

Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.

Details of delivery times and costs are detailed on the SITE.

Terms of delivery

The parcel will be delivered to the CLIENT by our carrier.

In case of absence, a notice of passage will be left to the CLIENT, in order to schedule a new delivery.

Delivery problems

The CUSTOMER is informed of the delivery date is set at the end of the online ordering process, before confirming the order.

In the event of non-conformity of the product, the SELLER will reimburse the CUSTOMER without undue delay from receipt of the cancellation letter, the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same method of payment than that used by the CLIENT to purchase the PRODUCTS.

The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the SELLER by email of the damage or partial losses observed during the delivery.

The present General Conditions of Sale (hereinafter the “Terms and Conditions”) apply to all purchases made by a surfer / physical person (hereinafter the “Customer”) on the Internet site Http://www.chapa.fr (hereinafter the “Site”) from SOCIETE DES ANCIENS ETABLISSEMENTS MICHEL BOJMAL, SARL registered with the Register of Commerce and Companies of Gueret
under number 318489945 , having its headquarters LE POINT DU JOUR 23260 CROCQ,
France Tel: 06 16 11 56 60,
Email: info@chapal.fr (hereinafter the “vendor”).

IMPORTANT
Any order placed on the site implies the customer’s acceptance without reserve of the customer of these general conditions of sale.

 

Article n° 1  :  Definitions

The terms used below have, in the present General Conditions, the following meaning:

• “client”: means the counterparty of the seller, which guarantees to have the quality of consumer as defined by the law and the French jurisprudence. In this title, it is expressly provided that this client is acting outside of any usual activity or commercial.
• “Delivery”: means the first presentation of the products ordered by the customer to the delivery address indicated during the ordering.
• “Products”: designates all of the products available on the site.
• “Territory”: means the Metropolitan France (outside the DOM/TOM).

 

Article n° 2  :  Object

The present General Conditions govern the sale by the seller to its customers of the products.

The client is clearly informed and recognizes that the site is directed to consumers and that professionals should contact the commercial service of the vendor in order to benefit from the contractual conditions distinct.

 

Article n° 3  :  Acceptance of the General Terms and Conditions

The Client undertakes to carefully read these Terms and Conditions and accept, before proceeding to the payment of an order of products placed on the site.

The present General Conditions are referenced at the bottom of each page of the site in the middle of a link and must be consulted before ordering. The customer is invited to carefully read, download, print the Terms and Conditions and to keep a copy.

The SELLER advises the customer to read the General Terms and Conditions to each new command, the last version of those conditions applying to any new order of products.

By clicking on the first button to place the order and then on the second to confirm the order, the customer acknowledges having read, understood and accepted the Terms and Conditions without limitation or condition.

 

Article n° 4  :  Purchase of products on the site

To be able to buy a product, the customer must be at least 18 years of age and have the legal capacity or, if he is a minor, be able to justify the agreement of its legal representatives.

The customer will be invited to provide information to identify by completing the form available on the site. The SIGN (*) indicates mandatory fields that must be met for the order of the customer is treated by the seller. The customer can check on the site of the status of his order. The monitoring of deliveries may, if necessary, be performed by using the online tracking tools some of the carriers. The customer may also contact the commercial service of the seller at any time by electronic mail, to the address info@chapal.fr, in order to obtain information on the status of his order.

The information that the customer provides the seller during a command must be complete, accurate and up to date. The seller reserves the right to ask the client to confirm, by any appropriate means, its identity, its eligibility and the information communicated.

Article n° 5  :  Commands

Article n° 6  :  Right of withdrawal

The modalities of the right of withdrawal are planned in the “policy of withdrawal”, policy available in Annex 1 of the present and accessible at the bottom of each page of the site via a hypertext link.

Article n° 7  :  Payment

Article n° 8  :  Evidence and archiving

Any contract concluded with the customer corresponding to a command in a higher amount to 120 euros TTC will be archived by the seller during a period of ten (10) years in accordance with article L. 134-2 of the Code of consumption.

The seller accepts to archive these information to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the customer.

In case of dispute, the seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article n° 9  :  Transfer of Ownership

The seller remains the owner of the products delivered up to their full payment by the customer.

The above provisions do not preclude the transfer to the customer, at the time of the receipt by him, or by a third party designated by him other than the carrier, risks of loss of or damage to the goods that are the subject of the reservation of ownership, as well as to the risk of damage that they can cause.

Article n° 10  :  Delivery

Modalities of delivery of the products are laid down in the “policy of delivery” referred to in Annex 2 of the present and accessible at the bottom of each page of the site via a hypertext link.

 

Article n° 11  :  Packaging

Products will be packaged in accordance with the standards of transport in force, in order to ensure a maximum of protection for the products during the delivery. Customers undertake to adhere to the same standards when they return of products in the conditions laid down in the Annex 1 – Policy of withdrawal.

Article n° 12  :  Guarantees