General conditions of sale of the Horizon Bagages à Vivre Group
1. PRELIMINARY PARTICULARS
a) Legal notices
To meet the provisions of the law for confidence in the digital economy of the June 21, 2004 , will be set out below the legal notices required to identify the publisher of this website.
This site is edited by the HORIZON Group, registered in the trade and companies register of Le Mans under number 528 273 931 RCS Le Mans, and whose registered office is located at 27 bis Avenue du Général de Gaulle 72000 LE MANS.
Intra-community VAT number: 528 273 931 00022
The publication director of the publication is Fréderic ESCOLANO ..
The editor is Fréderic ESCOLANO.
This site is hosted by the company OVH, whose head office is located at 2 rue Kellermann Roubaix 59100, reachable by telephone at the following number: 09 72 10 10 07.
This website was created using the CMS KOCKA solution.
This site is freely accessible to all Internet users. It consists of a site for the sale of goods and products online.
c) Acceptance of the GTC
Subscription to a contract governed by these general conditions with the publisher of this site implies acceptance by the user of said general conditions of sale. The user recognizes by the same fact to have taken full knowledge of it. This acceptance will consist in the fact, for the user, of ticking the box corresponding to the following sentence: "I accept the general conditions. ".
This fact of checking the box will be deemed to have the same value as a handwritten signature on the part of the user. The user recognizes the evidential value of the automatic registration systems of the publisher of this site and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Acceptance of these general conditions assumes that users have the necessary legal capacity for this, or failing that they have the authorization of a tutor or curator if they are unable to do so. , of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
2. ORDERS SUBSCRIPTION TERMS AND PURCHASING PROCESS
The products are sold within the limits of available stocks. The availability of products is indicated on the site, in the description of each item.
In order to meet the provisions of the law of confidence in the digital economy of June 21, 2004, the ordering process will be described below:
In order to place an order, the user can select one or more products and add them to his basket. When his order is complete, he can access his basket by clicking on the button provided for this purpose. By consulting his basket, the user will be able to check the number and the nature of the products he has chosen and will be able to check their unit price as well as the overall price of the order. He will be able to remove one or more products from their basket. This summary will also be indicated to the user the option he has or not to exercise his right of withdrawal as well as the time limits that apply.
If his order suits him and he wishes to validate it, the user can click on the validate button, he will then access a form in which he can either enter his connection identifier if he already has one, or if register on the site by completing the form presented to him, with his personal information.
As soon as he is connected or after he has completed the form perfectly, the user will be invited to check or modify his delivery and billing details and then will be invited to make his payment by being redirected for this purpose on the secure payment interface.
Once payment has actually been received by the site editor, the latter undertakes to acknowledge receipt to the user electronically, within a maximum of 24 hours.
Likewise and within the same deadlines, the publisher undertakes to send the user an e-mail summary of the order and confirming the processing, also including all the information relating to the order, the products ordered, their delivery, as well as the terms of exercise of the right of withdrawal.
3. PRICE OF PRODUCTS, TAXES AND DELIVERY COSTS
The prices indicated on the site are understood in Euros, all taxes included , and excluding delivery costs. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and have no effect for the future. The merchant can at any time modify his selling price even after the order has been taken by the user and those for a pricing error.
The delivery costs will, in any event, be indicated to the user before any payment.
In the event of delivery outside the European Union and overseas departments and territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will in any event be the responsibility of the user. It is therefore incumbent on the latter to verify all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.
The products sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause. The risks are nevertheless transferred to the buyer from the delivery of the products.
4. PAYMENT INFORMATION
The Internet user can place an order on this site and can pay by the proposed payments.
Payments by credit card are made through secure transactions provided by the service provider: CIC.
In the context of payments by credit card, the publisher of this site has no access to any data relating to the user's means of payment. Payment is made directly into the hands of the banking establishment.
The delivery times defined in the article below do not begin to run until the date of effective receipt of payment by the seller, the latter being able to provide proof thereof by any means.
Failure to pay any sum due to the publisher at its term will result in the perception of penalties equal to three times the legal interest rate. These penalties will be due from the day after the due date of the unpaid sums, without prior notice.
5. DELIVERY OR PROVISION
Orders are delivered by DPD, within 14 working days from the date of full collection of the price corresponding to the counterpart, by the seller.
Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the attention of the user when confirming the order.
b) Delivery error and apparent defect
The user undertakes to check the conformity of the product with his order upon delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint within three clear days of delivery. After this period, the product will be deemed to have been accepted as compliant by the user, who will no longer be able to claim a delivery error or an apparent defect.
c) Damage and partial loss
In the event of delivery of a clearly and visibly damaged package, it is up to the user to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package is prepared for him, then sent upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
Likewise, the user must refuse any incomplete package or containing damaged items. Indeed, in accordance with Article L 133-3 of the Commercial Code, receipt of the objects transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by registered letter, of his reasoned protest. If this formality is not carried out, the user cannot be compensated.
6. RIGHT OF WITHDRAWAL AND CUSTOMER SERVICE
a) Customer service
The customer service of this site is accessible from Monday to Friday from 9 a.m. to 6 p.m. by e-mail at the following address: firstname.lastname@example.org or by post to the following address: GROUPE HORIZON 27 bis avenue du Général de Gaulle 72000 LE MANS. In these last two cases, the publisher undertakes to provide a response within four working days.
b) Right of withdrawal and return of products
In accordance with the legislation in force, consumers have a period of 14 clear days from the date of receipt of the package to request reimbursement (Hamon law n ° 2014-344 of March 17, 2014 relating to consumption). If the withdrawal period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
In order to exercise this right, it is their responsibility to return (at their expense) the package to the address of the publisher's logistics center, the address of which will be indicated on the package, accompanied by a letter requesting either a refund or an exchange.
All returns must be made complete (packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect condition for resale, they must not be soiled or damaged (due to their use).
Address for returning items on https://www.bagagesavivre.fr/
GEODIS LOGISTICS OUEST, Mrs Karine BOUTTIER - ZA DU GENETAY, 72700 SPAY.
c) Delay in delivery
Any delay in delivery of more than seven days may result in the resolution of the sale at the initiative of the consumer, upon written request from him, sent by registered letter with acknowledgment of receipt. The consumer will then be reimbursed for the sums incurred by him when ordering. This clause is not intended to apply if the delay in delivery is due to the customer's fault (eg: incorrect address, etc.) or to a case of force majeure beyond the control of the publisher (eg: disaster natural, flood, bad weather etc.). The contract will, if applicable, be considered terminated upon receipt of the resolution letter by the publisher.
If the product arrives once the letter of resolution of sale received by the consumer and the latter still wishes to give up the sale, the consumer must return (at his risk) the package to the publisher who will reimburse him for the sums incurred during of the order as well as the return costs (on simple proof).
7. GUARANTEE OF PRODUCTS PURCHASED ON THIS SITE
In the event of a defect in a product purchased on this site, the user has, in accordance with the provisions of the Civil Code in terms of the legal guarantee against hidden defects, a period of two years from the discovery of said defect to request exchange or refund of the product, and, in application of article L211-5 of the Consumer Code, he will have a period of two years from receipt of said product to request an exchange or refund , in the event that the goods delivered do not conform, within the meaning given to this word by the aforementioned article. In order to exercise one of these rights, it will be up to the customer to contact the publisher's customer service department.
Certain objects acquired on this site benefit, in addition to the guarantee against hidden defects defined by the civil code as well as the guarantee of good conformity imposed by article L211-5 of the consumer code which are, if applicable, to them. still applicable and which are defined above, a conventional warranty offered by the seller or the manufacturer, the duration of which may vary depending on the product, and which will be detailed on the description sheet and the user manual of the product .
8. PROVISIONS SPECIFIC TO THE NATURE OF CERTAIN PRODUCTS
All products sold on this site are marketed in compliance with the laws and regulations in force in France. The mandatory displays required by the laws and regulations in force will be made on this site, and in particular in the description of each article.
9. USER AREA
The creation of a user account is a prerequisite for any order from a user. To this end, the user will be asked to provide a certain amount of personal information. The user agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the user account.
Certain information will be deemed essential for the conclusion of the contract and their collection will be essential for the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the order.
This space allows the user to consult all his orders made on the site, and also allows him, if necessary, to follow the delivery of the products purchased.
If the data contained in the user account were to disappear as a result of a fortuitous event, a technical failure or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only informative. The publisher undertakes, however, to keep in a secure manner all the contractual elements whose conservation is required by the law or the regulations in force.
The publisher reserves the exclusive right to delete the account of any user who has contravened these general conditions (in particular but without this example being of any nature whatsoever, when the user has knowingly provided incorrect information, when registration and creation of an account) or any account that has been inactive for at least one year. Said deletion will not be liable to constitute damage for the excluded user who will not be able to claim any compensation for this fact.
This exclusion does not exclude the possibility for the publisher to take legal action against the user, when the facts have justified it.
When creating the user account, they will be asked to choose a password. This password guarantees the confidentiality of the information contained in his account and he is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
10. DISCLAIMER OF THE RESPONSIBILITY OF THE PUBLISHER
a) Accessibility to the site and force majeure
In the event of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to claim any damage and will not be able to claim any compensation.
The unavailability, even prolonged and without any limitative period, of one or more products, cannot constitute a prejudice for the user and cannot give rise in any way to the award of damages from the site. or its publisher.
The publisher can in no case be held responsible for non-performance of the contract that may be attributable to a case of force majeure, within the meaning given to it by the courts of French law.
b) Visual representation of the products
The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly faithful to reality, in order to meet its obligation of perfect information. However, in the current state of the art, the rendering of these representations, in particular in terms of colors or shape, can vary significantly from one computer station to another or differ from reality depending on the quality of the graphics accessories and the 'screen or depending on the display resolution. These variations and differences can in no way be attributed to the publisher who can in no case be held liable for this fact.
c) Products sold on the site
The publisher undertakes to comply with all the applicable provisions in force in France and cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries.
The publisher of this site can in no way be held responsible for the misuse of the products, poor maintenance of the products, accidental damage or even misuse of the products.
As part of its activity on this site, the publisher does not have the status of importer, manufacturer or packager of products sold. The publisher only acts as a reseller of the products offered on its site, as such it cannot be held responsible for any damage of any kind, both material and immaterial or bodily, which could result from a bad operation of marketed products.
As the products offered for sale on the site are sold not installed, the user declares that he is responsible for installing the products that he must perform in accordance with the rules of the art and in accordance with the instructions for use.
d) Hypertext links
The hypertext links on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes the laws in force. Likewise, the publisher of this site cannot be held liable if the user's visit to one of these sites causes him prejudice.
11. INFORMATION RELATING TO THE COMPUTER LAW AND FREEDOMS
a) General - Purpose - Duration
The user has the free faculty to provide personal information concerning him. The provision of personal information is not essential for navigation on the site. On the other hand, registration on this site supposes the collection, by the publisher, of a certain amount of personal information concerning the user. Users who do not wish to provide the information necessary to create a user account will not be able to place an order on this site.
The data collected is necessary for the proper administration of the services offered on this site as well as for the publisher to comply with its contractual obligations. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, without the express consent of the users or cases provided for by law.
The contact details of all users registered on this site are saved for 12 months, a reasonable period of time necessary for the proper administration of the site and normal use of the data. These data are kept in secure conditions, using current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
b) Right of access, rectification and opposition
In accordance with the Data Protection Act, the user has the right to oppose, query, access and rectify the data he has provided. To do this, all he has to do is make a request to the editor of this site, by sending it to the following email address: email@example.com , or by post to the address of the publisher's headquarters mentioned at the top of these general conditions.
The personal data collected are subject to computer processing and are exclusively reserved for the site editor.
The data controller is Fréderic ESCOLANO
CNIL declarant number: 1991589v 0 FROM 09/16/2016
c) IP address
In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow the proper administration of the services offered on this site. The IP address is a series of numbers separated by dots allowing the unique identification of a computer on the Internet.
The publisher must communicate all personal data relating to a user to the Police (on judicial requisition) or to any person (on order of the judge). The IP address of your computer can be reconciled with the actual identity of the subscriber held by the ISP (Internet service providers).
12. NOTICE RELATING TO THE COLLECTION OF "COOKIES"
a) General - Purpose - Duration
In order to allow the user an optimal navigation on this site as well as a better functioning of the various interfaces and applications, the editor can proceed to the installation of a cookie on his computer station. This cookie is used to store information relating to navigation on the site (date, page, hours), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be stored on the user's computer workstation for a variable period of up to 12 months, and can be read and used by the publisher during a subsequent visit by the user to this site. .
b) Right to object to the implementation of the cookie
The user has the option of blocking, modifying the retention period, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features provided by the publisher, this malfunction can in no way constitute damage to the user who cannot claim any compensation. thereby.
c) Deletion of cookies
The user also has the possibility of deleting the cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action has no effect on his navigation on this site, but causes the user to lose all the benefit provided by the cookie. In this case, he will have to re-enter all the information concerning him.
13. INTELLECTUAL PROPERTY OF SITE ELEMENTS
All the elements constituting this site belong to the publisher or are the subject of an operating license and are protected by legislation relating to intellectual property.
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be liable to give rise to legal proceedings against him. by the publisher or his successors in title.
This protection will cover all textual and graphic content of the site, but also its structure, name and graphic charter.
Likewise, the user acknowledges being informed that these general conditions have been filed with a bailiff and that any reproduction, even partial, of this document may be the subject of legal proceedings for economic parasitism.
14. GENERAL PROVISIONS AND APPLICABLE LAW
a) Modification of the general conditions
These general conditions can be modified at any time by the publisher of the site or its agent. The general conditions applicable to the user are those in force on the day of his order. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.
b) Applicable law and competent courts
These general conditions are subject to the application of French law and the exclusive jurisdiction of French courts. The language of the contract is French, any version available in a foreign language on the site is only informative. Likewise, this site may be translated into various languages in order to facilitate navigation for non-French speaking users who wish to order on the site.
In the event of a dispute with a client having the quality of professional, within the meaning given to it by the courts of French law, exclusive jurisdiction is attributed to the courts in whose jurisdiction the publisher is established.
c) Amicable settlement of disputes
Except for provisions of public order, any disputes which may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
If one of the clauses of these general conditions were to be declared null by a court decision, this nullity could not invalidate all the other clauses, which would continue to have their effect.
e) No waiver
The fact, for the publisher, of not availing itself temporarily or permanently of one or more clauses of these general conditions, will in no case imply a waiver of availing itself of the rest of the general conditions.