General terms and conditions for the sale of products to private individuals
Last update: 2 May 2023
Table of contents
These general terms and conditions of sale (the "GTCS") apply to all orders for products placed by any non-professional purchaser (hereinafter "the Customer") with SOLABLE, a simplified joint stock company with a capital of €13,500, having its registered office at 8 avenue Fernand JULIEN, 13410 Lambesc (France), registered with the RCS of Salon-de-Provence under the number 811565803 (hereinafter "the Seller"), via a direct order with a sales manager or via the online shop hosted at the address : https://lavie.bio/boutique/.
SOLABLE distributes UV-A drinking water purifiers.
These contractual provisions apply exclusively to any contract for the purchase of SOLABLES products concluded by a non-professional buyer. These GCS represent the entire agreement between the parties.
All orders imply unreserved acceptance of the GTCS. Acceptance by the Customer is achieved by the signature of the purchaser so that this constitutes a firm and definitive sale subject to its acceptance by the Seller.
The GTCS take precedence over any other document exchanged between the parties, regardless of when this document may have been brought to the attention of the Seller. Any special condition derogating from or adding to the GTCS must be accepted in writing by the Seller in advance.
The Vendor reserves the right to modify these general terms and conditions of sale at any time, in particular to bring them into line with applicable legal provisions. However, the general terms and conditions of sale applicable when an order is placed are those in force at the time the order is signed by the Customer.
ARTICLE 1. DEFINITIONS
Non-professional Purchaser who buys Products from the Seller. A non-professional Buyer is defined as any natural person or legal entity, public or private, who is acting for purposes that do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity, including when it is acting in the name of or on behalf of another professional.
Document used by the Customer to purchase Products. In particular, it specifies the quantities of Products purchased, the Price and any discounts, the penalties applicable in the event of late payment, the terms and conditions of delivery of the Products, and the date or times of delivery of the Products. The Vendor has 7 days to accept the Order and return a copy to the Customer.
All of the Products offered for sale by the Vendor appearing in the Vendor's catalogues or online shop. These catalogues or the online shop describe the Products, present their characteristics and determine the corresponding prices. These Products comply with the regulations in force in France and Europe and their performance is compatible with Customer use.
Professional who offers Products for sale to Customers.
A set of web pages and resources linked by hyperlinks, defined and accessible by a web address. For the purposes hereof, the term may refer to the Seller's Site or, exceptionally, to other sites to which it may refer. The address of the Seller's site is : https://lavie.bio
Dedicated page on the Seller's merchant site, located at the following address: https://lavie.bio/boutique/.
SSL (Security Socket Layers) or TSL protocol:
Protocol for securing information exchanges on the Internet.
Small file stored by a server in a user's terminal (computer, telephone, etc.) and associated with a web domain (i.e. in most cases with all the pages of a single website). This file is automatically sent back when subsequent contacts are made with the same domain.
ARTICLE 2. GENERAL PRINCIPLES
These General Terms and Conditions of Sale set out the terms and conditions of sales in a shop or online between the Seller and any customer.
They are written in French in their original version, which alone is authentic and prevails over any other version.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions. They are accessible by the Customer on the online Boutique at all times and are systematically submitted to the Customer before any order is placed and when the order is registered.
When a Customer Account is opened on the Online Boutique, clicking on the "I accept the General Terms and Conditions of Sale" button indicates the Customer's consent to the application of these General Terms and Conditions of Sale.
When a Product is purchased on the premises, the signature on the order form and the tick before the paragraph "I have read and accept the General Terms and Conditions of Sale" indicates the Customer's consent to the application of these General Terms and Conditions of Sale.
The Customer declares that he/she is aware of the following provisions before placing an order for Products.
Consequently, placing an order implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale.
A printed version of the General Terms and Conditions of Sale as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of these General Terms and Conditions of Sale in the same way and under the same conditions as any other written document kept in paper format.
The fact of not exercising, at any time, a prerogative recognised by the present General Terms and Conditions of Sale, or of not requiring the application of any stipulation of the agreement resulting from the said Terms and Conditions may not under any circumstances be interpreted, either as a modification of the contract, or as an express or tacit waiver of the right to exercise the said prerogative in the future, or of the right to require the scrupulous performance of the commitments entered into herein.
Should any of the terms of the General Terms and Conditions of Sale be considered illegal or unenforceable by a court decision, the other provisions will remain in force.
Modification of the online General Terms and Conditions of Sale
In view of possible changes to the Site, the Vendor reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Consequently, the Vendor invites the Customer to consult the General Terms and Conditions of Sale before placing any new order. The General Terms and Conditions of Sale then in force will be applicable to all orders placed from the date they are placed online.
ARTICLE 3. LEGAL AGE AND CAPACITY
The Customer declares that he/she is legally capable of entering into this Contract, the General Terms and Conditions of Sale of which are set out below, i.e. that he/she is of legal age and not under guardianship or curatorship.
ARTICLE 4. PRODUCTS
The essential characteristics of the Products are described for each Product in the online catalogue. They were presented to the Customer prior to the order, as part of the pre-contractual information provided to the Customer.
ARTICLE 5. PRODUCT PURCHASE PROCEDURE
5.1 On-site ordering
The Customer shall purchase Products by issuing Orders which the Seller shall hand over to the Customer at the time of the Customer's visit.
The sale shall not be deemed final until the Vendor has accepted the Order, sent a copy of the Order to the Customer and the Vendor has received payment for the Products in full.
The General Terms and Conditions of Sale and the Orders form an indivisible whole. In any event, the General Terms and Conditions of Sale do not constitute an order or an obligation on the part of the Customer to order Products.
If the product ordered is unavailable, the Vendor will offer the Customer, who must agree, the supply of an equivalent product to replace the product ordered.
If the Customer does not agree, the unavailability of the product ordered will result in the cancellation of the order and the reimbursement of the Customer.
5.2 Ordering via the online shop
The Customer purchases Products from the Seller's online catalogue by logging on to the Lavie Shop website and following the instructions displayed.
The sale and acceptance of these General Terms and Conditions of Sale are considered validated when the purchase is confirmed on the online shop.
A summary of the order information and these General Terms and Conditions of Sale will be sent in PDF format via the order confirmation e-mail address.
All orders placed via the Lavie online shop are subject to payment.
To place an order on the online shop, the Customer must :
- Fill your basket with one or more Products;
- Enter your billing information, e-mail address and billing and/or delivery address;
- Choose to create a customer account
- Choose your delivery method.
- Check the Products ordered, the total price of the order and the terms and conditions of the order.
They choose their method of payment. If necessary, they can modify their order or go back over it before finally confirming it.
The order will not be definitively recorded until the last validation of the order summary screen. This action is equivalent to the handwritten signature referred to in article 1367 of the French Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code.
As of this action :
- The Customer confirms his/her order and declares that he/she accepts the order and these General Terms and Conditions of Sale in full and without reservation; and
- The order is considered irrevocable and can only be challenged in the cases exhaustively provided for herein.
The Customer may print out the order form corresponding to their order.
5.3 Order cancellation by the Seller
The Seller reserves the right to suspend or cancel the execution of any order and/or delivery, whatever its nature, at any time during the ordering process, in the event of non-payment or partial payment of any sum due by the Buyer or in the event of a payment incident.
In the event of payment by bank transfer, the Vendor reserves the right to cancel the Customer's order if the bank transfer has not been received within 5 days from the date of the order. The order thus remains the property of the Vendor until full payment has been made to the Vendor in accordance with the provisions of article 9 of these General Terms and Conditions of Sale.
ARTICLE 6. ORDER CONFIRMATION
6.1 Via the online shop
As soon as the Customer has registered his/her Order, a detailed acknowledgement of receipt will be sent to the e-mail address previously provided. This acknowledgement of receipt specifies the exact amount invoiced, the products ordered and their quantity, the terms of delivery of the order and refers to these General Terms and Conditions of Sale. This acknowledgement of receipt constitutes acceptance of the order by the Seller and will validate the transaction.
The Customer accepts that the systems used to record the Order shall constitute proof of the purchase and its date. By keeping this e-mail and/or printing it out, the Customer holds proof of his/her Order, which the Vendor recommends that he/she keep.
This e-mail confirms that the Customer's Order has been taken into account by the Seller and not that the Product ordered is available.
The Seller undertakes to honour online orders only within the limits of available stocks.
If the Product is not available, the Vendor undertakes to inform the Customer by e-mail or telephone as soon as possible. If the Product ordered is unavailable, the Customer has the option of either cancelling or modifying the order. In the event of cancellation due to unavailability, the Customer will be reimbursed within fourteen (14) days of receipt of the cancellation request.
6.2 In institutions
As soon as the Customer signs the order form, a copy is given to the Customer, which specifies the amount invoiced, the products ordered and their quantity, the terms of delivery of the order and refers to these General Terms and Conditions of Sale.
ARTICLE 7. CUSTOMER ACCOUNT
When ordering online on the Site, the Customer may choose to create a Customer Account.
To create an account, Customers will be asked to enter their surname, first name and e-mail address.
Once the Customer Account has been created, a confirmation e-mail summarising the information entered will be sent to the address previously provided by the Customer.
The Customer undertakes to provide the Seller with accurate, up-to-date and complete data and to maintain its accuracy. The Customer undertakes not to create an account under a false identity. It is the Customer's responsibility to update the data concerning them.
The connection identifier is the Customer's e-mail address. Access to the Customer Account is protected by a personal and confidential password. The Customer undertakes to keep the password secret and not to disclose it to third parties for any reason whatsoever. Customers are responsible for their password. If the Customer becomes aware that their account is being used fraudulently, they undertake to notify the Seller immediately.
ARTICLE 8. RIGHT OF WITHDRAWAL
In accordance with article L. 221-18 of the French Consumer Code, a consumer who concludes a contract using a distance communication method has a cooling-off period of fourteen (14) days from the date of receipt of the Product to cancel his or her Order.
It is specified that in the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.
In the case of contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
To exercise his right of withdrawal, the Customer has fourteen (14) days to inform the Vendor of his intention to withdraw by completing and sending the withdrawal form available on the Website in a printable version or by sending the form available in the Annex hereto or any other unambiguous statement expressing his wish to withdraw.
Where the right of withdrawal is transmitted electronically online from the Site, the Vendor will send the Customer an acknowledgement of receipt of the withdrawal without delay.
Thereafter, the Customer shall send the Products within fourteen (14) days of sending the withdrawal form, together with a copy of the invoice. The costs and risks of returning the Products are borne exclusively by the Customer. The Products shall be returned to the following address SOLABLE 8 avenue Fernand Julien 13410 LAMBESC.
The Customer is hereby informed that the cost of returning Products in the event of retraction shall be borne exclusively by the Customer. The cost of returning the Product is the cost of initial delivery under the standard delivery method proposed by the Vendor at the time the order was placed.
The Vendor undertakes to reimburse the Customer for the price of the order within 14 days of receipt of the Products or at least of proof of dispatch of the Products (whichever comes first).
The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
The Customer may be held liable in the event of deterioration of the Product by the Customer.
ARTICLE 9. PRODUCT PRICES
The Products shall be supplied at the current price appearing in the catalogue of Products communicated by the Vendor to the Customer on the day the Order is accepted by the Vendor or in the online shop on the day the Order is placed via the online shop.
ORDERS PLACED VIA THE ONLINE SHOP ARE SUBJECT TO PAYMENT. The prices of the Products are indicated in euros, inclusive of all taxes. They include the VAT applicable in France on the date of the order.
The advertised prices do not include delivery charges, which are payable by the Customer in accordance with the conditions set out in article 10.
Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Access to the Site and the online shop is via the Internet.
The cost of access to the Internet by means of a remote communication service shall be borne by the Customer.
ARTICLE 10. SHIPPING COSTS
At the time the order is placed, the Customer may choose to pay for postage:
- Taken care of by the Seller for delivery by carrier in a parcel relay within 3 to 4 days;
- At the Customer's expense for home delivery within 2 to 3 days.
They include order processing and packaging.
ARTICLE 11. PAYMENT
Payment for the Order must be made in cash on the day the Order is placed, unless the Customer chooses to pay in several instalments free of charge.
For the purposes of this Article, payment is deemed to have been made when the funds are actually made available to the Seller.
11.1 Terms of payment
Payment is made by the Customer using one of the following methods: cheques, bank transfer from the European and non-European zones, SWIFT bank transfer, credit card, Paypal©. In all the cases listed above, payment will be made in Euros (€).
11.1.1 On-site sales
The bank cheque must be issued by a bank domiciled in France or Monaco, made payable to SOLABLE and sent to the following address: SOLABLE - 8, avenue Fernand Julien 13140 LAMBESC (France). The cheque will be cashed upon receipt. The Buyer has ten (10) days from the validation of his Order to send the cheque to SOLABLE. After this period of ten (10) days, the Order will be automatically cancelled.
b) SEPA bank transfers
Only transfers from bank accounts opened with banks located in the Single Euro Payments Area are accepted at the time of payment.
Any costs arising from this method of payment will be borne exclusively by the Customer.
11.1.2 Sale via the online shop
Payment is made online by credit card or payment service such as Apple Card, KlarnaX4, Paypal, Paypal X4, the list of which appears in the Online Shop on the page dedicated to payment of the purchase amount.
The Order will be processed on receipt of payment and subject to its collection.
Regardless of the method of payment chosen, the order will be automatically cancelled if the bank or payment service provider refuses.
11.2 TRANSACTION SECURITY
Transactions carried out on the online shop are secured by the 3B-Secure (3BS) payment system in conjunction with the Customer's bank. All information exchanged to process the payment is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. The Seller does not store this data on its computer systems.
3BS is a technical service provider, and does not handle disputes related to contract subscriptions. These must be settled directly with the Seller and/or the Customer's bank.
Entering bank details and signing a direct debit mandate are secured by the 3BS payment system. The Customer agrees to the use of his/her personal data to issue and store an electronic certificate for the purpose of signing a direct debit mandate online.
To benefit from the SSL secure payment method, the Customer must use SSL-compatible browsers.
ARTICLE 12. DELIVERY OF PRODUCTS
12.1 Delivery terms
Delivery is made in mainland France, at the Customer's choice, in a parcel relay by a carrier chosen by the Vendor or, subject to payment of a fixed amount of 10 euros, to the Customer's home.
The parcel number will be sent to the Customer by e-mail, so that they can track their delivery.
Postage will be charged at the rate in force on the day the order is placed.
The Customer is informed of the delivery terms and conditions before the order is definitively confirmed.
For all orders outside the areas specified in these General Terms and Conditions of Sale, please contact the Seller by e-mail at firstname.lastname@example.org.
12.2 Delivery times
Delivery times are indicated on the Site when the Order is placed. They vary according to the delivery method chosen. Delivery times start to run from the date of receipt of payment by the Seller.
If several items ordered at the same time have different delivery dates, the latest delivery date shall be the latest available. However, in this case, the Seller reserves the right to deliver the Order in several instalments.
Although they are indicative, the Seller will do its best to respect the delivery times mentioned at the time of the order.
In the event of a delay in delivery attributable to the Vendor, the Customer shall have the right to request cancellation of the sale of the Product by registered letter with acknowledgement of receipt or by any other durable medium (in particular e-mail with acknowledgement of receipt) if, after having requested the Vendor by the same means to effect delivery within a further period of 15 days, the Vendor has not done so within this period.
In this case, the sale will be considered cancelled on receipt by the Seller of the letter informing him of the cancellation, unless he has performed in the meantime.
If the sale is cancelled, the Vendor will reimburse the Customer within 14 days of the date of cancellation.
Failure to meet delivery deadlines shall not give rise to the payment of any compensation whatsoever.
ARTICLE 13. RECEIPT OF PRODUCTS
The Customer is obliged to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately inform the delivery agent of any reservations he may have regarding the condition of the Product delivered so that they can be noted on the transport document: damaged packaging, damage suffered, conformity with the order, etc. The Customer may also decide to refuse the package if it is damaged or open. The customer may also decide to refuse the parcel if it is damaged or open.
Any complaint concerning apparent defects or the non-conformity of the Product delivered in relation to the information given at the time of presentation of the Product on the Online Shop, as well as any damage linked to transport, must be confirmed by the Customer to the Seller within 48 hours of receipt of the Product, either by registered letter with acknowledgement of receipt to the following address: 8 avenue Fernand Julien 13400 LAMBESC, or by e-mail to the following address: email@example.com.
The Customer must provide full justification as to the reality of the non-conformities, damage or defects observed.
If no complaint is made within the aforementioned period and under the aforementioned conditions, the Products delivered will be deemed to have been accepted by the Customer.
By reporting the defect or non-conformity of the Product, the Customer will obtain a return authorisation from the Vendor, specifying the address and procedures for returning the Products.
Once the return authorisation has been obtained, the Customer shall return the Products to the Seller at the address specified on the return authorisation in accordance with the terms and conditions indicated.
Any Product returned without the agreement of the Seller will be refused and returned to the sender at the latter's expense and risk.
To be validly returned to the Seller and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
In the event that the Customer returns the Product due to a proven lack of conformity confirmed by the Vendor, the Customer must use the same method of delivery for the return of the Products as that chosen for the shipment of the Products ordered. In this case, the Vendor will cover the cost of returning the Products by means of a returns voucher or, failing this, by reimbursing the Customer for the actual amount of the said costs (proof of postage costs must be enclosed with the parcel; in the absence of such proof, no reimbursement may be demanded by the Customer).
ARTICLE 14. GUARANTEES
The Customer benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the French Consumer Code) and the legal guarantee relating to defects in the goods sold (articles 1641 to 1648 of the French Civil Code).
14.1 Warranty of conformity
Article L. 217-3 of the French Consumer Code :
The seller shall deliver a property that complies with the contract and the criteria set out in article L. 217-5.
He is liable for any lack of conformity that existed at the time of delivery of the goods within the meaning of Article L. 216-1, and which becomes apparent within two years of delivery.
In the case of a contract for the sale of goods containing digital elements :
- Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of the supply, the seller shall be liable for any lack of conformity of the digital content or digital service which becomes apparent within two years of delivery of the goods;
- Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of the digital content or digital service that arises during the period in which it is supplied under the contract.
For such goods, the applicable time limit does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.
The seller shall also be liable, for the same period, for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility, or where the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.
This guarantee period applies without prejudice to articles 2224 et seq. of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
Article L. 217-4 of the French Consumer Code :
The property conforms to the contract if it meets the following criteria, where applicable:
- It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
- It is fit for any special purpose intended by the consumer, made known to the seller no later than the time of conclusion of the contract and accepted by the latter;
- It is supplied with all accessories and installation instructions, which must be supplied in accordance with the contract;
- It is updated in accordance with the contract.
Article L. 217-7 of the French Consumer Code :
Defects in conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.
For second-hand goods, this period is set at twelve months.
Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity which appears at the time of delivery of the goods shall be presumed to exist:
- For a period of two years from delivery of the goods, where the contract provides for the goods to be supplied for a period of two years or less, or where the contract does not specify the period for which the goods are to be supplied;
- During the period in which the digital content or digital service is provided under the contract, where the contract provides for such provision for a period of more than two years.
Article L. 217-13 of the French Consumer Code :
Any goods repaired under the legal guarantee of conformity benefit from a six-month extension of this guarantee.
If the consumer chooses to have the goods repaired but this is not done by the seller, bringing the goods into conformity by replacing them starts a new period of the legal guarantee of conformity for the replaced goods. This provision applies from the day on which the replacement goods are delivered to the consumer.
14.2 Warranty against hidden defects
Article 1641 of the Civil Code:
The Seller is liable for any hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.
Article 1648 paragraph 1 of the Civil Code :
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
14.3 Commercial guarantees
14.3.1 Extended warranty
The Seller offers a free one-year extension to the legal warranty period. In order to benefit from this, the Customer undertakes to register his/her details on the Seller's commercial information distribution list.
The benefit of this guarantee extension lapses at the end of the one-year period or earlier if the Customer unsubscribes from the Mailing List before the end of the extension period offered.
14.3.2 30-day money-back guarantee
As part of the purchase via the online shop, the Seller offers a "satisfied or reimbursed" guarantee for a period of thirty (30) days from the date of delivery.
This guarantee allows the Customer to return the Product purchased, without justification, against reimbursement of the amount of the price of the Product, excluding postage and return costs.
The product must be returned in new condition, in its original packaging and with all accessories included.
The guarantee does not apply to apparent defects.
Also excluded are defects and deterioration caused by natural wear and tear or by an external accident, by any modification of the product not foreseen or specified by the Seller, by its abnormal use, by its use in conditions other than those for which it was manufactured, in particular in conditions not prescribed by the manufacturer or the Seller.
The Seller shall not be liable for any deterioration caused by the improper storage of products by the Customer who does not comply with the recommendations for use and instructions issued by the Seller.
ARTICLE 15. LIABILITY
15.1 Information contained in the online shop
The Vendor endeavours to ensure, to the best of its ability, that the information published in the online shop is accurate and up-to-date, and reserves the right to modify this information at any time and without prior notice. However, it cannot guarantee the accuracy, precision or completeness of the information appearing in the online shop. Consequently, it declines all responsibility for any imprecision, inaccuracy or omission in the information available, as well as all responsibility for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained in the online shop.
The Vendor may not be held liable for hypertext links to other resources on the Internet. The Vendor has no means of controlling the Sites connected to its Site, and the Customer is hereby expressly informed of this fact. Consequently, the risks associated with such use shall be borne entirely by the Customer.
Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the Vendor may not be held liable in the event of an error in one of these photographs or texts.
15.2. Use of the Site and the Online Shop
Use of and browsing in the online shop are under the Customer's responsibility. The Vendor declines all responsibility and may not be held liable for any damage or virus that may affect computer equipment or any other material when accessing the Site, using the Site or browsing the online shop, or downloading any content, data, text, images or files from the Site.
The Seller sells UV-A water purification systems.
The Seller declares that it markets products that comply with the applicable French and European regulations in force on the day of delivery of the products.
In particular, the Seller declares that it complies with the waste treatment obligations set out in Law no. 2020-105 of 10 February 2020 on the fight against waste and the circular economy and is a member of an eco-organisation.
Compliance with regulations applicable to products outside the European Union is the sole responsibility of the Customer.
The Seller shall enclose an electronic version of the Instructions for Use with the shipment of any product ordered by the Customer. These precautions for use will be available via a direct internet link.
The Customer must read the Instructions for Use before using the products delivered.
The information provided on the products marketed is for information purposes only. Under no circumstances does it constitute medical information or engage the responsibility of the Seller.
The Customer must comply with the advice and precautions for use provided for each of its offers and drawn up by the Seller (hereinafter the "Precautions for Use").
The Seller declines all responsibility and shall not be held liable for any damage caused to the Customer or to a third party as a result of the Product not being used for its intended purpose.
15.4 Improper use or installation of the Product
The Vendor may not be held liable in the event of misuse of the Product, use that does not comply with the instructions for use provided by the Vendor, in the event of negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product or failure in the event of an accident.
ARTICLE 16. INTELLECTUAL PROPERTY AND INFRINGEMENT GUARANTEE
The sale of the Products does not give the Customer any right to the trademarks or distinctive signs affixed by the Seller to the Products and the associated documentation. The Customer has no intellectual or industrial property rights over the Products, packaging, etc. SOLABLE remains the exclusive owner of all these rights.
Any use in any way whatsoever by the Customer of the LaVie brand or any other brand belonging to SOLABLE or its suppliers and manufacturers is strictly prohibited, except with the agreement of SOLABLE.
The content and structure of the Site are protected by copyright and intellectual property rights worldwide.
As such, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorised, subject to different or even more restrictive provisions of the French Intellectual Property Code.
Any reproduction or representation, in whole or in part, of any content on the Site (in particular any text, image, iconographic or photographic representation, trademark or logo) for any purpose and on any medium whatsoever is prohibited.
Failure to comply with this prohibition constitutes an infringement for which the infringer may be held civilly and criminally liable.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a licence to any intellectual property rights whatsoever.
ARTICLE 17. FORCE MAJEURE
The Seller shall not be held liable for its delay or failure to perform any of its obligations under these GTCS, if such delay or failure is the direct or indirect effect of a case of force majeure, understood in a broader sense than French case law, such as :
- Occurrence of a natural disaster.
- Stormy weather.
- Armed conflict.
- Labour dispute, total or partial strike at the supplier or Customer.
- Labour dispute total or partial strike at service providers carrier post office and public service, etc ...
- Imperative injunction from the public authorities.
- Import ban, embargo.
- Operating accident.
- Machine breakdown and explosion.
- Fait du prince.
- Epidemic or pandemic on both a national and global scale.
ARTICLE 18. DATA PROTECTION ACT - PROCESSING OF PERSONAL DATA
The Seller declares that it complies with Regulation (EU) 2016/679 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 ( hereinafter referred to as the RGPD); as well as Order No. 2018-1125 of 12 December 2018 taken pursuant to Article 32 of Law No. 2018-493 of 20 June 2018 on the protection of personal data and amending Law No. 78-17 of 6 January 1978 on data processing, files and freedoms and various provisions concerning the protection of personal data.
18.1 Data collected
When the Customer creates a Customer Account and/or places an order, the Vendor collects personal data with a view to concluding the Contract, carrying it out, managing it and drawing up invoices. The Vendor may use this personal data for commercial solicitations in accordance with the legal requirements in force. The data collected in this context is as follows: surname, first name, e-mail address, postal address. The collection is based on the performance of the Contract.
When data is collected, certain information must be provided and is indicated by an asterisk, while other information is optional.
The Seller undertakes not to use the data collected for purposes other than those mentioned above (unless required to do so by a competent judicial and/or administrative authority).
Customer data is kept in an active database for the duration of the Contract or 3 years from the last contact with the Customer, and in an archive database for a period of 5 years, the duration of the statute of limitations under common law.
The recipient of the data is the Vendor. However, the Vendor reserves the right to transmit all or part of its Customers' personal data to its subcontractors for the purposes of the Contract, and in particular for the execution of any order.
The Seller undertakes to take all necessary precautions to protect the security of the data communicated and, in particular, to prevent it from being distorted, damaged or accessed by unauthorised third parties.
Customers have the right to ask the Vendor to access, rectify, delete or port their personal data. The Customer may also request a restriction on the processing or object to the processing of data concerning him. Customers have the right to withdraw their consent to the processing of their data at any time.
The Customer may exercise his rights by sending an e-mail to the Seller at the following address: firstname.lastname@example.org or a letter to SOLABLE, Customer Service, 8 avenue Fernand Julien 13400 LAMBESC, giving his full contact details (surname, first name, address, telephone number, e-mail address) and specifying the subject of the correspondence. The Customer may be asked to provide proof of identity.
Finally, the Customer may lodge a complaint with the CNIL.
18.2. Cookies and other tracking technologies
When Customers visit the Site, cookies may be placed on their computer, tablet or smartphone.
A "cookie" is a small text file containing information specific to the user of the Site. It is stored on the user's hard drive and can only be read by the server that supplied it.
The information obtained by cookies is stored on the server that hosts the Site, which is located in France.
The purpose of the cookies used
The Vendor makes limited use of "cookies" in order to make it easier for Customers to navigate the Site, to optimise Site consultation and to carry out audience measurement. Cookies are kept for a maximum of 13 months.
In this case, it is :
- Cookies necessary for the proper functioning of the Site : These cookies are essential for monitoring and registering Customer Accounts on the Site. Without these cookies, certain settings on the Site may not function correctly.
- Functionality cookies : These cookies are essential for browsing the Site. These are cookies that make it possible to remember choices made during visits. For example, we may store a visitor's geographical location in a cookie in order to offer establishments or events around that location.
- Traffic analysis cookies : Cookies are used to track the browsing habits of Internet users in order to compile consultation statistics and monitor the performance of the Site. This data enables the Seller to improve the Site and provide a better user experience. In this case, the system is limited to audience measurement and A/B testing and falls within the scope specified by article 5 of the guidelines relating to cookies and other tracers.
If you do not wish this technology to be used, you can deactivate this function in your browser software while retaining access to the Site. This may limit your ability to use/enjoy certain features of our Site.
18.3 Cookie management
The Customer may choose to deactivate cookies at any time. The browser can also be configured to notify the Customer of cookies placed in their browser software and to ask them to accept them or not.
ARTICLE 19. APPLICABLE LAW - MEDIATION - JURISDICTION
19.1 Applicable law
By express agreement between the Parties, these GCS are governed by and subject to French law.
In the event of any dispute relating to these General Terms and Conditions or to the sale, the parties will try as far as possible to resolve their dispute amicably.
Failing amicable agreement, the competent court will be that of the defendant's place of residence or that of the actual delivery of the Product.
19.2 Prior mediation
The Customer must send any complaint to the Seller by e-mail to the following address: email@example.com or by registered letter with acknowledgement of receipt to SOLABLE - Service Client - 8 avenue Fernand Julien 14300 LAMBESC.
If no agreement is reached, the Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of his complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book I of the Consumer Code:
Mediator for the Professional Federation of E-Commerce and Distance Selling (FEVAD)
60 rue de la Boétie - 75008 PARIS
In order to resolve your dispute, the Customer may also access the European online dispute resolution platform provided for in Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.
If this mediation fails, or if the Customer does not wish to have recourse to it, the dispute may be submitted to the competent courts.
19.3. Competent court
If mediation fails, any dispute to which these GCS may give rise, concerning its validity, interpretation, performance and termination, will be subject to the jurisdiction of the court at the defendant's place of residence or the place of delivery.
"Good for acceptance
Date…. (indiquer la date)[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of SOLABLE SAS with capital of €13,500, with registered office at 8 avenue Fernand JULIEN, 13410 Lambesc (France).
I hereby notify you of my withdrawal from the contract for the rental of the property below:
Ordered on (*)/received on (*): .................................................................................
Consumer name: ...........................................................................
Consumer address: ........................................................................
Consumer's signature (only if this form is submitted on paper)
(*) Delete as appropriate.