GENERAL CONDITIONS OF SALE |
These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the website https://eretic-snowscoot.com (hereinafter the “SITE”) with Dissidence Scooter Shop, SARL, registered in the trade and company register 508 438 975 RCS under number 508 438 975 RCS, with its head office at 5 rue des érables, 78780 Maurecourt, France Tel: 0139278366, email: info.dissidencescootershop@gmail.com (hereinafter the “SELLER”).
Any order placed on the Site necessarily implies the CUSTOMER's unreserved acceptance of these general conditions
You can register for free on the BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr ) in order to no longer be contacted by telephone by a professional with whom you do not have an ongoing contractual relationship, in accordance with law no. 2014-344 of March 17, 2014 relating to consumption. Any consumer can register for free on this list on the site https://conso.bloctel.fr/ index.php/inscription.php .
ARTICLE 1. DEFINITIONS
The terms used below have, in these General Conditions, the following meaning:
- “CUSTOMER”: designates the co-contractor of the SELLER, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.
- “DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
- “PRODUCTS”: refers to all the products available on the SITE.
- “TERRITORY”: designates Metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2. PURPOSE
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the service commercial of the SELLER in order to benefit from separate contractual conditions.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the service commercial of the SELLER in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTION OF GENERAL CONDITIONS
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before paying for an order for PRODUCTS placed 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 CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of said Conditions is applying to any new order of PRODUCTS.
By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
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 CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of said Conditions is applying to any new order of PRODUCTS.
By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if he is a minor, be able to provide proof of the agreement of his legal representatives.
The CUSTOMER will be asked to provide information allowing them to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. DELIVERIES can be tracked, where applicable, using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, at info.dissidencescootershop@gmail.com, in order to obtainget information on the status of your order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The CUSTOMER will be asked to provide information allowing them to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. DELIVERIES can be tracked, where applicable, using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, at info.dissidencescootershop@gmail.com, in order to obtainget information on the status of your order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with legislation European Union in force and the standards applicable in France.
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please 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 their 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 CUSTOMER's basket. The latter can then add as many PRODUCTS to their basket as they wish.
5.2.2. Commands
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, an automatically completed online form will be displayed to his attention and summarizing the price, applicable taxes and, where applicable, delivery costs.
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 payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
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 CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct.
The SELLER n 'sends no order confirmation by post or fax.
5.2.4. Billing
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CUSTOMER must also specify the chosen means of payment.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitute an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Order date
The date of the orderst the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, and the DELIVERY address and the carrier or mode of transport chosen).
Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the relevant PRODUCT page. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if unavailability has not been indicated at the time of the order, the SELLER will undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of quality and equivalent prices, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS no later than thirty (30 ) days of 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 SITE via a hyperlink.
The CUSTOMER can pay for his PRODUCTS online on the SITE using the means proposed by the SELLER.
The CUSTOMER guarantees to the SELLER that he has all the authorizations required to use the means of payment chosen.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
In the event of a single payment by credit card, the CUSTOMER's account will be debited upon the order for PRODUCTS placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from account of the CUSTOMER at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
ARTICLE 7. PAYMENT
7.1. Payment methods
The CUSTOMER can pay for his PRODUCTS online on the SITE using the means proposed by the SELLER.
The CUSTOMER guarantees to the SELLER that he has all the authorizations required to use the means of payment chosen.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the event of a single payment by credit card, the CUSTOMER's account will be debited upon the order for PRODUCTS placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from account of the CUSTOMER at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. Late or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER's request.
In the event of a 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.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER's request.
In the event of a 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 9. TRANSFER OF PROPERTY
The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him , or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may entail.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him , or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may entail.
ARTICLE 10. DELIVERY
The terms of DELIVERY of PRODUCTS are provided for in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
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ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal policy.
ARTICLE 12. GUARANTEE
Apart from the commercial guarantees that the SELLER could offer for certain PRODUCTS, any Customer benefits from “legal” guarantees, for all PRODUCTS, which are detailed below, in accordance with article L .111-1 of the Consumer Code
Article 12.1. Guarantee of conformity
Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected d 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 presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.
< br /> The SELLER is likely to be liable for existing defects in conformity upon delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Code of consumption)
In the event of a lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at his choice. However, if the cost of the CUSTOMER's choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the chosen option. by the Customer.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange of the return of the PRODUCT by the CUSTOMER to the following address 5 rue des érables, 78780 Maurecourt.
Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following delivery of the PRODUCT except for second-hand goods for which this period is set at six (6) months. (Article L.217-7 of the Consumer Code).
It is specified that this legal guaranteeof conformity applies independently of the commercial guarantee granted, if applicable, on the PRODUCTS.
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the CUSTOMER would not have acquired it , or would have given only a lower price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if he is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 5 rue des érables, 78780 Maurecourt. Action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Article L.217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected d 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 presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.
< br /> The SELLER is likely to be liable for existing defects in conformity upon delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Code of consumption)
In the event of a lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at his choice. However, if the cost of the CUSTOMER's choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the chosen option. by the Customer.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange of the return of the PRODUCT by the CUSTOMER to the following address 5 rue des érables, 78780 Maurecourt.
Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following delivery of the PRODUCT except for second-hand goods for which this period is set at six (6) months. (Article L.217-7 of the Consumer Code).
It is specified that this legal guaranteeof conformity applies independently of the commercial guarantee granted, if applicable, on the PRODUCTS.
Article 12.2. Guarantee against hidden defects
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the CUSTOMER would not have acquired it , or would have given only a lower price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if he is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 5 rue des érables, 78780 Maurecourt. Action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
ARTICLE 13. RESPONSIBILITY
The SELLER's liability cannot under any circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER does not may be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the courts and French courts.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published there. Links to third party websites are provided for convenience only and no warranty is given as to their content.
The SELLER's liability cannot be enforced if the non-execution or delay in the execution of one of its obligations described in these General Terms and Conditions results from a case of force majeure.
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There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the execution of his obligation by the debtor.
If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the The SELLER's liability cannot be incurred in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of of any circumstance or event outside the control of the SELLER occurring after the conclusion of the T&Cs and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER does not may claim the payment of any compensation and may not take any action against the SELLER.
In the event of the occurrence of one of the above-mentioned events, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
The SELLER does not may be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the courts and French courts.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published there. Links to third party websites are provided for convenience only and no warranty is given as to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER's liability cannot be enforced if the non-execution or delay in the execution of one of its obligations described in these General Terms and Conditions results from a case of force majeure.
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There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the execution of his obligation by the debtor.
If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the The SELLER's liability cannot be incurred in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of of any circumstance or event outside the control of the SELLER occurring after the conclusion of the T&Cs and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER does not may claim the payment of any compensation and may not take any action against the SELLER.
In the event of the occurrence of one of the above-mentioned events, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data concerning its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CLIENT has expressly chosen this option, send them commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the CLIENT. SELLER.
The CUSTOMER's data is kept confidentially by the SELLER.ur the needs of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a customer or from your last contact if you are not yet customer.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink 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 SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have expressly 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 by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CUSTOMER whose personal data personnel are processed benefits from the rights of access, rectification, updating, portability and erasure of information concerning them, as well as a right to limitation of processing in accordance with articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning him, without reason and without charge.
The CUSTOMER can also define the fate of his data after his death and choose whether or not the SELLER communicates his data to a third party that the CUSTOMER has previously designated.
The CUSTOMER can exercise these rights by sending an email to the address: info.dissidencescootershop@gmail.com or by sending a letter to 5 rue des érables, 78780 Maurecourt.
Finally, the CUSTOMER can also lodge a complaint with the supervisory authorities and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CLIENT has expressly chosen this option, send them commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the CLIENT. SELLER.
The CUSTOMER's data is kept confidentially by the SELLER.ur the needs of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a customer or from your last contact if you are not yet customer.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink 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 SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have expressly 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 by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CUSTOMER whose personal data personnel are processed benefits from the rights of access, rectification, updating, portability and erasure of information concerning them, as well as a right to limitation of processing in accordance with articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning him, without reason and without charge.
The CUSTOMER can also define the fate of his data after his death and choose whether or not the SELLER communicates his data to a third party that the CUSTOMER has previously designated.
The CUSTOMER can exercise these rights by sending an email to the address: info.dissidencescootershop@gmail.com or by sending a letter to 5 rue des érables, 78780 Maurecourt.
Finally, the CUSTOMER can also lodge a complaint with the supervisory authorities and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
ARTICLE 16. CLAIMS
The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 0139278366 (non-premium rate number). Any written complaint from the CUSTOMER must be sent to the following address: 5 rue des érables, 78780 Maurecourt.
ARTICLE 17. 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. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial , of the SITE and its content, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these General Terms and Conditions constitutes recognition by the CUSTOMER of the intellectual property rights of the SELLER and commitment to respect them.
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ANNEX 1
WITHDRAWAL POLICY
ANNEX 2
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial , of the SITE and its content, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these General Terms and Conditions constitutes recognition by the CUSTOMER of the intellectual property rights of the SELLER and commitment to respect them.
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ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
Any change in legislation or regulations in viguer, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions.
All conditions not expressly dealt with herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.
All conditions not expressly dealt with herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely 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 General Conditions will not apply to PRODUCTS already purchased.
The General Conditions are precisely 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 General Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to an arbitration or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is found or if the CUSTOMER justifies having tried, first , to resolve their dispute directly with the SELLER through a written complaint, an optional mediation procedure will then be offered, carried out in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to to this contract, including its validity.
To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: Cyrille Vietti-Benzidane, whose contact details are: cyrille.dissidence@gmail.com and who can be entered via this link: https://eretic-snowscoot.com.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict
As mediation is not obligatory, the CUSTOMER or SELLER may withdraw from the process at any time
IN THE HYPOTHESIS WHERE MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH COULD HAVE GIVE RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to an arbitration or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is found or if the CUSTOMER justifies having tried, first , to resolve their dispute directly with the SELLER through a written complaint, an optional mediation procedure will then be offered, carried out in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to to this contract, including its validity.
To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: Cyrille Vietti-Benzidane, whose contact details are: cyrille.dissidence@gmail.com and who can be entered via this link: https://eretic-snowscoot.com.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict
As mediation is not obligatory, the CUSTOMER or SELLER may withdraw from the process at any time
IN THE HYPOTHESIS WHERE MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH COULD HAVE GIVE RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.
ANNEX 1
WITHDRAWAL POLICYPrinciple of withdrawal
The CUSTOMER has in principle the right to withdraw by returning or returning the PRODUCT to the SELLER, without giving a reason.
For this, the PRODUCT must be returned or returned at the latest within fourteen (14) days following communication of its decision to withdraw, unless the SELLER offers to recover the PRODUCT itself.
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Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the property.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the delivery time withdrawal will expire fourteen (14) 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 good.
In the event of delivery of the PRODUCT in several batches of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last batch or the last part.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify your decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to: 5 rue des érables, 78780 Maurecourt or info.dissidencescootershop@gmail.com.< br />
He can also use the form below:
For the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
< b>Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs (up to 'exception of additional costs arising, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER) from the date on which he is informed of the CUSTOMER's decision to withdraw.(Article L.221-24 of the Consumer Code).
Unless he offers to collect the PRODUCTS himself, the SELLER may defer reimbursement until recovery of the PRODUCTS or until the CUSTOMER has provided proof of shipment of the PRODUCTS, the date chosen being that of the first of these facts.
The SELLER will proceed reimbursement using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to use another means of payment and to the extent that the reimbursement will not incur costs for the CUSTOMER.
Return conditions
The CUSTOMER must in any case, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: 5 rue des érables, 78780 Maurecourt.
This deadline is deemed to be respected if the CUSTOMER returns the goods before the expiry of the period of fourteen ( 14) days.
Return costs
The CUSTOMER must bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the good.
Condition of the returned good
The PRODUCT must be returned following the SELLER's instructions and include in particular all the accessories delivered.
The CUSTOMER's liability is only incurred upon with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his liability may be incurred if he carries out manipulations other than those which are necessary.
Exclusions of the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of services fully executed before the end of the withdrawal period and of which the execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal;
- Supply of goods or services whose price depends on fluctuation on the financial market
- Supply of goods manufactured according to the CUSTOMER specifications or clearly personalized
- Supply of goods likely to deteriorate or expire quickly
- Supply of sealed audio or video recordings or software which have been unsealed after delivery
- Journal , periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services linked to tourism activities leisure if the offer provides for a specific date or period of execution
- Supply of goods which by their nature are inseparably mixed with other articles
- Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages the price of which was agreed at the time of conclusion of the sales contract, dhave delivery can only be made after 30 days and whose real value depends on fluctuations on the market beyond the control of the SELLER
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- Supply of digital content not provided dematerialized if the execution has started with the express prior agreement of the consumer, who has also recognized that he will thus lose his right of withdrawal
- contracts concluded during a public auction
The CUSTOMER has in principle the right to withdraw by returning or returning the PRODUCT to the SELLER, without giving a reason.
For this, the PRODUCT must be returned or returned at the latest within fourteen (14) days following communication of its decision to withdraw, unless the SELLER offers to recover the PRODUCT itself.
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Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the property.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the delivery time withdrawal will expire fourteen (14) 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 good.
In the event of delivery of the PRODUCT in several batches of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last batch or the last part.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify your decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to: 5 rue des érables, 78780 Maurecourt or info.dissidencescootershop@gmail.com.< br />
He can also use the form below:
WITHDRAWAL FORM
Attn: Dissidence Scooter Shop
SELLER telephone number: 0139278366
SELLER fax number:
Email address of the SELLER*: info.dissidencescootershop@gmail.com
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
PRODUCT reference
Invoice number:
Purchase order number:
- Ordered on [________________]/received on [________________]
- Payment method used:
- Name of the CUSTOMER and, where applicable, the beneficiary of the order:
- Address of the CUSTOMER:
- Delivery address:
- Signature of the CUSTOMER (except in the case of transmission by email)
- Date
SELLER telephone number: 0139278366
SELLER fax number:
Email address of the SELLER*: info.dissidencescootershop@gmail.com
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
PRODUCT reference
Invoice number:
Purchase order number:
- Ordered on [________________]/received on [________________]
- Payment method used:
- Name of the CUSTOMER and, where applicable, the beneficiary of the order:
- Address of the CUSTOMER:
- Delivery address:
- Signature of the CUSTOMER (except in the case of transmission by email)
- Date
For the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
< b>Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs (up to 'exception of additional costs arising, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER) from the date on which he is informed of the CUSTOMER's decision to withdraw.(Article L.221-24 of the Consumer Code).
Unless he offers to collect the PRODUCTS himself, the SELLER may defer reimbursement until recovery of the PRODUCTS or until the CUSTOMER has provided proof of shipment of the PRODUCTS, the date chosen being that of the first of these facts.
The SELLER will proceed reimbursement using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to use another means of payment and to the extent that the reimbursement will not incur costs for the CUSTOMER.
Return conditions
The CUSTOMER must in any case, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: 5 rue des érables, 78780 Maurecourt.
This deadline is deemed to be respected if the CUSTOMER returns the goods before the expiry of the period of fourteen ( 14) days.
Return costs
The CUSTOMER must bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the good.
Condition of the returned good
The PRODUCT must be returned following the SELLER's instructions and include in particular all the accessories delivered.
The CUSTOMER's liability is only incurred upon with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his liability may be incurred if he carries out manipulations other than those which are necessary.
Exclusions of the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of services fully executed before the end of the withdrawal period and of which the execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal;
- Supply of goods or services whose price depends on fluctuation on the financial market
- Supply of goods manufactured according to the CUSTOMER specifications or clearly personalized
- Supply of goods likely to deteriorate or expire quickly
- Supply of sealed audio or video recordings or software which have been unsealed after delivery
- Journal , periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services linked to tourism activities leisure if the offer provides for a specific date or period of execution
- Supply of goods which by their nature are inseparably mixed with other articles
- Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages the price of which was agreed at the time of conclusion of the sales contract, dhave delivery can only be made after 30 days and whose real value depends on fluctuations on the market beyond the control of the SELLER
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- Supply of digital content not provided dematerialized if the execution has started with the express prior agreement of the consumer, who has also recognized that he will thus lose his right of withdrawal
- contracts concluded during a public auction
ANNEX 2
DELIVERY POLICY
Delivery area
The PRODUCTS offered can only be delivered within 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 will have indicated during the order process.
Shipping deadline
The deadlines for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines exclude weekends or public holidays.
An electronic message will be automatically sent to the CUSTOMER when the PRODUCTS are shipped, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs
During the order process, the SELLER indicates to the CUSTOMER the shipping times and formulas possible for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method.
The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
In the absence of indication or agreement as to the delivery date, the SELLER delivers the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
TERMS OF DELIVERY
The package will be given to the CUSTOMER against signature and on presentation of an identity document.
In the event of absence, a calling card will be left with the CUSTOMER, to allow him to collect his parcel from his post office.
DELIVERY Problems
The CUSTOMER is informed of the delivery date set when 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. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period and in the event of non-delivery within this period, he may terminate the contract.
The SELLER will reimburse, without undue delay from upon receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.
The PRODUCTS offered can only be delivered within 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 will have indicated during the order process.
Shipping deadline
The deadlines for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines exclude weekends or public holidays.
An electronic message will be automatically sent to the CUSTOMER when the PRODUCTS are shipped, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs
During the order process, the SELLER indicates to the CUSTOMER the shipping times and formulas possible for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method.
The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
In the absence of indication or agreement as to the delivery date, the SELLER delivers the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
TERMS OF DELIVERY
The package will be given to the CUSTOMER against signature and on presentation of an identity document.
In the event of absence, a calling card will be left with the CUSTOMER, to allow him to collect his parcel from his post office.
DELIVERY Problems
The CUSTOMER is informed of the delivery date set when 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. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period and in the event of non-delivery within this period, he may terminate the contract.
The SELLER will reimburse, without undue delay from upon receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.