Terms of sale
Article 1 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (“GTC”) determine the rights and obligations of the parties in connection with the online sale of products offered on the CAEVITA.COM website.
Any Order placed on the site implies the prior acceptance of these GCS including the additional terms, conditions and policies referred to here and/or accessible by hyperlink. These conditions are subject to French law. These T&Cs therefore form an integral part of the agreement between the Customer and the supplier. They are fully opposable to the Customer who declares to have read them and to have accepted them, without restriction or reservation, before placing his order. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered there.
These GCS apply to any Order placed by an adult natural person acting as an individual who acknowledges having the full capacity to commit when placing an Order and to provide, where applicable, the proof of identity and age.
Persons acting as professionals in the context of their commercial, industrial, artisanal, liberal or agricultural activity are expressly excluded from the scope of these GCS, including if they act in the name of or for the account of another professional.
All new features and tools that will be added to this site in the future will also be subject to these T&Cs. We reserve the right to update, change or replace any part of these T&Cs by posting updates and/or changes to our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
This site is hosted by Shopify Inc. 126 York St. Ottawa, Ontario, K1N 5T5, Canada.
Article 2 – ONLINE CONTRACTUALIZATION (articles 1369-4 and 1125 to 1127 of the Civil Code)
The sales contract between the buyer and the seller is concluded when the latter validates his order at the end of the process of selecting the product(s) he has chosen.
To buy one or more products on the site, the Customer selects each product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (first click).
At this stage, the Customer is redirected to a page containing a summary of the products selected, the corresponding prices, terms and delivery costs. It is then up to him to check and possibly correct the contents of his basket. It is up to him to read these T&Cs carefully before validating the entire order.
This validation of the Order after checking the basket and reading the T&Cs (second click) constitutes conclusion of the Contract and the Customer acknowledges that the second click entails an obligation to pay on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to the payment of his Order.
After having validated his Order and made his payment, the Customer receives, on the email address he communicated to create his account, a confirmation message from the supplier This message contains, in PDF format :
- The summary of his order (selected products, prices, terms and delivery costs);
- The precise identification of the supplier and its activity;
- The Order number;
- The terms, conditions and withdrawal form;
- These T&Cs in PDF format.
In the event of non-receipt of the Order confirmation, it is recommended that the Customer contact the supplier via the contact form on the site.
The Customer then receives a purchase invoice sent in electronic form, which the Customer expressly accepts.
The Customer is advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
The supplier reserves the right to refuse any Order for any legitimate reason, including for example:
- Order not in accordance with the GCS;
- Quantities ordered not corresponding to normal use by an individual;
- Suspicion of fraud on the order.
Article 3 - INFORMATION ON THE CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
The Customer is informed in French on the site of the essential characteristics of the goods and their price as well as the conditions of use of the product.
The customer acknowledges that the illustrations, videos or photos of the products presented for sale have no contractual value.
The period of validity of the pricing conditions for the sale of products and their availability is specified on the website.
The products are available within the limits of supplier stocks. This product availability is normally indicated on the specific product page.
In the event that a product becomes unavailable after validation of the Order, the supplier informs it immediately by email. His order is automatically canceled and the supplier reimburses the full price paid.
However, if the Order contains products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICES OF PRODUCTS
It is the one mentioned on the site when the order is validated.
It can be modified at any time and without notice
It does not include the cost of shipping, transport and delivery of the products to the delivery address.
VAT - CUSTOMS AND SIMILAR DUTIES:
The products ordered by Customers being imported from countries outside the European Union and the sale being carried out under the conditions of "delivery on departure", their price is indicated in Euros excluding VAT and customs duties
The price of the products does not include import VAT, import taxes or customs duties, which must be paid in addition and are the responsibility of the Customer.
The Customer alone is liable for import VAT when the product is cleared through customs and may be asked to pay import VAT.
For all products shipped from a country outside the European Union, customs duties or other taxes or duties may be payable which are the responsibility of the Customer
Indeed, when purchasing, the Customer is the importer of the product purchased in his capacity as the recipient of the product.
He is therefore in particular responsible for the import process and customs clearance of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for products with a customs value greater than €150).
The Customer alone is liable for customs duties during customs clearance of the product as the actual recipient of the goods. These customs duties, which are not invoiced to the Customer by the supplier, are not the responsibility of the supplier. The latter cannot therefore be held liable for reimbursement of these fees.
The Customer is invited to inquire about these aspects with the competent tax and customs authorities before placing an order.
Article 5 - TERMS OF PAYMENT
Payment for the order is made in cash after validation of the order.
Several payment methods are available to the Customer:
Payment by bank cards attached to a banking establishment located in France or by international bank cards (Visa, MasterCard, American Express and Maestro). The Customer certifies that he is the holder of the necessary authorizations to pay with the bank card used. He expressly acknowledges that the communication of his bank card number constitutes irrevocable authorization to debit his account for the price of the products ordered. The amount will be debited at the time of validation of the order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment by Paypal within the limit of one thousand Euros (€1,000). It is emphasized that in the event of recourse to this method of payment, the General Terms and Conditions of Use of Paypal are added to these T&Cs.
Payment by vouchers and/or promotional codes : The vouchers and/or promotional codes issued by the supplier can be used to pay for all or part of the order. In the event of an attempt to fraudulently use the purchase vouchers and/or promotional codes, the supplier may proceed with the outright cancellation of the Order.
In the event of refusal of payment by officially accredited bodies or in the event of non-payment of the order, the supplier reserves the right to cancel the said order.
The provider reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers its services.
The supplier reserves the right to ensure that no person illegally uses the bank card of a third party without their knowledge. To this end, he may ask the Customer for a copy of his identity document, proof of address and a copy of the bank card used for payment in compliance with the confidentiality of the data. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY
Before the validation of the Order, the supplier communicates to the Customer information concerning the various delivery methods as well as their respective cost and deadlines
The supplier makes every effort to ensure that the product(s) are delivered on the date scheduled for delivery. In the event of difficulty, the supplier undertakes to communicate quickly with the Customer to inform him and to seek an appropriate solution with him.
Delivery costs are borne by the Customer and are included in the price requested when ordering.
Delivery is carried out, at the Customer's choice, either to the address mentioned by him when ordering, or, where applicable, to a relay point chosen by the Customer from the list of points available to him. offered. The supplier cannot be held at fault in the event of delay or failure to deliver attributable to incomplete or erroneous information communicated by the Customer.
Upon receipt of the product, the Customer undertakes to check that it is complete and that it is not damaged.
In the event of an anomaly, the Customer must contact the supplier within three days (excluding public holidays) following the date of receipt of the product.
Article 7 – LEGAL GUARANTEES
The supplier is liable for defects in the conformity of the goods in accordance with the provisions of articles L.217-4 and following of the Consumer Code as well as for hidden defects in accordance with articles 1641 and following of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 and following of the Consumer Code), the Customer:
- benefits from a period of 2 years from the date of issue to act;
- can choose between repairing or replacing the product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the goods if the product is new, and during the 6 months following the delivery if the product is sold from 'opportunity.
The Customer can also decide to act within the framework of the legal guarantee against latent defects within the meaning of article 1641 of the Civil Code, the Customer can choose between the cancellation of the sale or a reduction of the price, in accordance with article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code:
“The seller delivers goods that comply 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 this has been charged to him by the contract or carried out under his responsibility. »
L.217-5 Consumer Code:
“The property complies with the contract:
1° If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public declarations made by the seller, by the producer or by his representative, in particular in advertising or in labeling ;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and that the latter accepted"
L.217-9 Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer. »
L.217-12 Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
1641 of the Civil Code
“The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer does not would not have acquired it, or would have given only a lesser price for it, if he had known them. »
1648 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. […]”
Article 8 - RIGHT OF WITHDRAWAL (law no. 2014-344 of March 17, 2014 relating to consumption).
In accordance with Article L 121-20 of the Consumer Code, the Customer has the right to withdraw freely within fourteen (14) calendar days from the date of receipt of his Order . In the event of an Order for several products, the period runs from the receipt of the last product
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.
To exercise his right of withdrawal, the Customer must inform the supplier by sending an unambiguous declaration and expressing his intention to withdraw within the 14-day period mentioned above and indicating the name and references of the product, the date of the order and receipt of the product the order number, the number and address of the Customer and in the event of a request sent in paper form, the signature of the Customer.
The request must be sent to the supplier by post or electronically to the addresses appearing in the "legal notices" and/or "contact" section of the site.
The Customer has a period of 14 days from the sending of the notification of his withdrawal to return the product to the supplier in its original packaging, the return costs remaining the sole responsibility client.
The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be put back on sale by the supplier. In the event of receipt of open, used, incomplete, damaged or soiled products, the supplier will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the product.
The supplier will reimburse the Customer within 14 days following the date on which he becomes aware of the exercise of the right of withdrawal. However, he may only reimburse the Customer upon receipt of the returned product if he received it later.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment.
Article 9 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a product page, sales of products on the site do not entail any transfer of intellectual property on the products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the supplier or their initial owner. No assignment of intellectual property rights is made through these T&Cs.
Article 10 - FORCE MAJEURE
The supplier cannot be held responsible for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The supplier will notify the customer of the occurrence of such an event as soon as possible.
Article 11 – EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary stated herein, the supplier shall in no event be liable for loss or damage due to improper use of the product(s) by the Customer, including in particular a modification or alteration of the product(s) not authorized by the supplier.
Article 12 – SUSPENSION – TERMINATION OF ACCOUNT
The supplier reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GCS, or in general the applicable legal provisions, without prejudice to any damages that the supplier may request. provider.
Anyone whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorization of the supplier.
Article 13 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the supplier constitutes proof of all transactions.
For each order, the Order summary is sent by email to the Customer and archived on the supplier's website.
The archiving of communications between the supplier and the Customer is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, in which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the supplier. They can be produced as proof of the Contract.
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code This information can be produced as proof of the contract.
The Customer will have access to the archived elements on simple request to the email address appearing in the "legal notices" or "contact" section of the site.
Article 14 - NULLITY AND MODIFICATION OF THE GTC
If any of the stipulations of these GCS is void, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions.
Any tolerance on the part of the supplier, in the application of all or part of the commitments made within the framework of these GCS, whatever the frequency and duration may have been, cannot constitute modification of the CGV, nor generate any right for the Customer.
Article 15 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These T&Cs are subject to French law.
In the event of any difficulty, the Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/main