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TERMS OF SALES
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a user / natural person (hereinafter the "CUSTOMER") on the website http: //webshop.sooruz. com (hereinafter the "SITE") with SOORUZ WEBSHOP, SAS registered at the trade and companies register LA ROCHELLE under the number 0, having its registered office 6 rue virginie Hériot - ZA Les Minimes - 17 000 LA ROCHELLE, France Tel: 09 80 34 69 78, Fax: 05 46 34 31 60, email: webshop@sooruz.com (hereinafter the "SELLER").
IMPORTANT
Any order placed on the SITE implies the unconditional acceptance of the CLIENT of these general conditions of sale.
Article 1. DEFINITION
The following terms have the following meanings in these Terms and Conditions:
"CUSTOMER": designates the contractual partner of the SELLER, who guarantees to have the quality of consumer as defined by the law and the French jurisprudence. As such, it is expressly provided that this CLIENT acts outside any usual or commercial activity.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the order.
"PRODUCTS": refers to all the products available on the SITE.
"TERRITORY": refers to Metropolitan FRANCE, including Corsica (excluding DOM / TOM).
Article 2. PURPOSE
These General Conditions govern the sale by the SELLER to his CLIENTS of the PRODUCTS. The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.
Article 3. ACCEPTANCE OF GENERAL CONDITIONS
The CUSTOMER agrees to read these General Conditions carefully and accept them, before proceeding to the payment of an order of PRODUCTS passed on the SITE. These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy. The SELLER advises the CUSTOMER to read the General Conditions with each new order, the last version of the said 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 said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. OPENING AN ACCOUNT - BUYING PRODUCTS ON THE SITE
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if it is minor, be able to justify the agreement of its legal representatives. The CUSTOMER will be invited to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. The follow-up of DELIVERIES can, if necessary, be carried out using the tools of follow-up of line of certain carriers. The CUSTOMER may also contact the sales department of the SELLER at any time by e-mail, to the address webshop@sooruz.com, in order to obtain information on the status of his order. The information that the CUSTOMER provides to the SELLER during an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. ORDERS
Article 5.1 Characteristics of products
The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law (in these General Conditions). The CLIENT undertakes to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of the PRODUCTS available on the SITE, in particular according to the constraints related to its suppliers. Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and in compliance with the European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
Orders of PRODUCTS are directly placed on the SITE. To place an order, the CUSTOMER must follow the steps described below (note however that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wants.
5.2.2. Orders
Once the PRODUCTS selected and placed in his basket, the CLIENT must click on the basket and check that the contents of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register. Once the CUSTOMER has validated the contents of the basket and has identified / registered, will be brought to his attention an online form completed automatically and summarizing the price, applicable taxes and, where applicable, the costs of delivery. The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content. The CUSTOMER may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order. The CLIENT must also indicate the delivery method chosen.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct. The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must enter the information required for billing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER's order to be processed by the SELLER). In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address. The CLIENT must then specify the payment method chosen. Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CLIENT will receive the original invoice to the DELIVERY of the PRODUCTS, inside the package.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE begin to run only from this date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the address of DELIVERY and carrier or mode chosen transport). Prices include in particular the value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. Vendor prices of the SELLER are subject to change. As a result, the prices listed on the SITE may change. They can also be modified in case of offers or special sales. The prices indicated are valid, except gross error. The applicable price is the one indicated on the SITE on the date when the order is placed by the CLIENT
5.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies a "just-in-time" inventory management. Therefore, depending on the case, the availability of the PRODUCTS depends on the SELLER's stocks. The SELLER undertakes to honor the orders received provided that the PRODUCTS are available. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER. In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable. The SELLER may, at the request of the CUSTOMER: Either propose to ship all the PRODUCTS at the same time as soon as ...
If the CLIENT decides to cancel his order of unavailable PRODUCTS, he will obtain the refund of all the sums paid for the unavailable PRODUCTS, without delay and at the latest in the thirty (30) days of the payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided for in the "withdrawal policy", policy available in Appendix 1 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 7. PAYMENT
7.1. Means of payment
The CUSTOMER may pay his PRODUCTS online on the SITE according to the means proposed by the SELLER. The CLIENT guarantees to the SELLER that he holds all the authorizations required to use the means of payment chosen. The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE. It is specified that all payment information provided on the SITE is transmitted to the bank of the SITE and are not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CUSTOMER's account will be debited upon the order of PRODUCTS placed on the SITE. In case of partial DELIVERY, the total amount will be debited from the account of the CLIENT at the earliest when the first parcel will be shipped. If the CLIENT decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER to pay the order by any other means of payment. In the event that, for whatever reason, opposition, refusal or other, the transmission of the money flow due by the CLIENT would be impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CLIENT corresponding to an order of an amount greater than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code. The SELLER agrees to archive this information in order to follow up transactions and to produce a copy of the contract at the CLIENT's request. In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT. The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation. ownership, as well as the risk of damage they may cause.
Article 10. Delivery
The terms of DELIVERY of the PRODUCTS are provided in the "delivery policy" referred to in Appendix 2 herein and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with the applicable transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Cancellation Policy.
Article 12. Guarantees
12.1. Compliance guarantee
The SELLER is required to deliver a compliant PRODUCT that is to say fit for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertisements and on labels. In this context, the SELLER is likely to respond to existing defects of conformity during the delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it was put in his charge or was carried out under his responsibility. The action resulting from the lack of conformity is prescribed by two (2) years from the date of issue of the PRODUCT. In case of lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is manifestly disproportionate compared to the other possible option, given the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer. In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange
the return of the PRODUCT by the CUSTOMER to the following address 6 rue virginie Hériot - ZA The Minimes - 17 000 LA ROCHELLE.
12.2. Hidden defects warranty
The SELLER is bound by the guarantee for reasons of hidden defects of the sold PRODUCT which make it unfit for the use for which it is intended, or which diminish so much this use that the CLIENT would not have acquired it, or would have given it a lower price, had he known them. This guarantee allows the CLIENT 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 refund of a part of its price, if the PRODUCT is not returned. In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for returning the PRODUCT by the CLIENT to the following address 6 rue virginie Heriot - ZA Les Minimes - 17 000 LA ROCHELLE. The action resulting from hidden defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
Article 13. Liability
The responsibility of the SELLER shall in no case be engaged in case of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, including the seizure of his order. The SELLER can not be held responsible for, or considered as having failed in the present, for any delay or non-performance, when the cause of the delay or the non-performance is linked to a case of force majeure as it is defined by the jurisprudence French courts and tribunals. It is also specified that the SELLER does not control the websites that are directly or indirectly related to the SITE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.
Article 14. Personal data
The SELLER collects on the SITE personal data concerning his Customers, including cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser. Data collected by the SELLER is used to process orders
placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER. The CLIENT's data are kept confidential by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his business partners the names and contact details of his CLIENTS, provided that they have given their prior consent when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners. In accordance with the law n ° 78-17 of January 6th, 1978 relative to the data processing with the files and the freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate motives) and suppression of his personal data. He can exercise this right by sending an e-mail to the address: webshop@sooruz.com or by sending a
mail to 6 rue virginie Heriot - ZA Les Minimes - 17 000 LA ROCHELLE. It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
Article 15. Claims
The SELLER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: 09 80 34 69 78 (non-surcharged number).
Any complaint written by the CLIENT must be sent to the following address: Sooruz Webshop - 6 rue virginie Hériot - ZA Les Minimes - 17 000 LA ROCHELLE - France
Article 16. Intellectual Property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents. These elements are the exclusive property of the SELLER. Anyone who publishes a website and wants to create a website
and wishes to create a direct hyperlink to the SITE must request the authorization of the SELLER in writing. This authorization of the SELLER will in no case be granted definitively. This
link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of these General Conditions. Such modification or decision does not authorize the CUSTOMERS to disregard the present General Conditions. Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector, for companies whose head office is in France.
Article 18. Modification of the General Conditions
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Terms and Conditions are accurately dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law. In case of dispute, only the French courts will be competent. However, prior to any recourse to the arbitration judge or state, will be privileged bargaining in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including bearing
on its validity. The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the dispute. If, after a period of fifteen (15) days, the parties can not reach an agreement, the dispute shall be submitted to the competent court designated below. Throughout the entire negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. Exceptionally, the parties are allowed to appeal to the court of summary proceedings or to request the issuance of an order on request. A possible action before the court of interim relief or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless otherwise expressly agreed.
ANNEX 1
RETRACTATION POLICY
Principle of withdrawal
The CLIENT has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to retract, unless the SELLER proposes to recover the PRODUCT itself.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUCT. If the CUSTOMER's order is for multiple PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession. of the last PRODUCT.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: 6 rue virginie Hériot - ZA Les Minimes - 17 000 LA ROCHELLE or webshop@sooruz.com .
He can also use the form below:
RETRACT FORM
To the attention of [*] (* Coordinates of)
SELLER's phone number *:
TELCOPY number of the SELLER *:
SELLER's email address *:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT
below :
PRODUCT reference
N ° of the invoice:
N ° of the purchase order:
- Ordered on [____________] / received on [________________]
- Means of payment used:
- Name of the CUSTOMER and, if applicable, the beneficiary of the order:
- CUSTOMER address:
- Delivery address :
- CLIENT's signature (except in case of transmission by email)
- Date
In order for the withdrawal period to be respected, the CLIENT must transmit his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the retraction
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the totality of the sums paid, including the expenses of delivery without excessive delay and, in any event, at the latest fourteen (14) days to count the day the SELLER is informed of the CUSTOMER's desire to retract. The SELLER will refund using the same means of payment that the CUSTOMER has used for the initial transaction, unless the CUSTOMER expressly agrees a different way, in any case, the refund will not cause expenses to the customer.
The SELLER may defer the refund until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, the date chosen being the date of the first of these facts.
Terms of return
The CUSTOMER shall, without undue delay and, in any case, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property to: 6 rue virginie Hériot - ZA Les Minimes - 17,000 LA ROCHELLE. This period is considered respected if the CUSTOMER returns the good before the expiry of the fourteen day period.
Return fees
The CUSTOMER will have to bear the direct costs of returning the goods. State of the returned good The PRODUCT must be returned according to the instructions of the SELLER and to include in particular all the delivered accessories. The CUSTOMER's liability is only incurred with respect to the depreciation of the resulting property
manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the opportunity to test the PRODUCT but his liability may be incurred if he proceeds to manipulations other than those that are necessary.
Packaging
The PRODUCTS are packaged in accordance with the applicable transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS must meet the same standards when returning PRODUCTS. As such the CUSTOMER is invited to return the PRODUCT does not suit him in its original packaging and in good condition, suitable for its remarketing.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following hypotheses:
Provision of goods or services whose price depends on fluctuation in the financial market
Supply of goods made according to the specifications of the CLIENT or clearly personalized
Supply of goods likely to deteriorate or expire quickly
Provision of audio or video recordings or sealed software that have been unsealed after delivery
Journal, periodical, magazine (except subscription contract)
Supplies of sealed goods that can not be returned for reasons of health protection or hygiene and have been unsealed by the CLIENT after DELIVERY.
Provision of dematerialized non-provided digital content if the performance has begun with the prior express consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
ANNEX 2
DELIVERY POLICY
Delivery zone
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 are shipped to the delivery address (es) that the CUSTOMER has indicated during the ordering process.
Delivery time
The deadlines for preparing an order and then preparing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are excluding weekends or holidays. An e-mail will automatically be sent to the CUSTOMER at the time of the shipment of the PRODUCTS, provided that the e-mail address appearing in the registration form is correct.
Delivery time & delivery
During the ordering process, the SELLER informs the CLIENT of the possible delivery times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased. The details of delivery times and charges are detailed on the SITE.
Terms of DELIVERY
The parcel will be given to the CLIENT against signature and on presentation of an identity document. In case of absence, a notice will be left to the CLIENT, to allow him to pick up his parcel at his post office.
DELIVERY problems
The CUSTOMER is informed of the delivery date set at the moment he chooses the carrier, at the end of the online ordering procedure, before confirming the order. It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract. The SELLER shall refund, without undue delay upon receipt of the termination letter, the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same method of payment as that used by the CLIENT to purchase products. The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.