www.lesrecuperables.com ("The site") is published by the company PROPHÉTIE , simplified joint-stock company with capital of € 20.000, with its registered office 4 place des Trois Croix 61200 ARGENTAN, registered in the Paris Trade and Companies Register under number 831 764 279 , including the intra-community VAT number FR53831764279
I. APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the "Terms & Conditions") detailed below apply to all orders for products and services placed through the site (the"Products") near PROPHÉTIE by any person (the "service").
The Customer must read the GTC prior to any order (the "Order"), the GTC being available on the site.
PROPHÉTIE reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale being that appearing online on the site www.lesrecuperables.com at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the GTC by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
II. SITE INFORMATION AND SITE ACCESSIBILITY
www.lesrecuperables.com is an e-commerce site owned and operated by PROPHÉTIE.
The site is accessible to all users of the Internet on principle 24 hours a day,24 days a week, unless there is an interruption, scheduled or not, by PROPHÉTIE or its service providers, for the purposes of its maintenance and / or security or force majeure (as defined below). PROPHÉTIE cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the site.
PROPHÉTIE does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this respect, he may freely determine, at his discretion, any period of unavailability of the Site or its content. PROPHÉTIE can not be held responsible for problems of data transmission, connection or unavailability of the network.
PROPHÉTIE reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the modifications made, but its acceptance is not solicited.
III. REGISTRATION ON THE SITE
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (" Account ").
The Customer's registration on the Site is validated PROPHÉTIE after verification of the standard form completed by the Client. The Client receives a registration confirmation email.
When creating an Account, the Customer must ensure the accuracy and completeness of the data provided by itself. The Customer must always update his personal information. In the event of a mistake in the recipient's contact details, PROPHÉTIE cannot be held responsible for the impossibility of delivering Products.
By registering on the Site, the Customer declares and guarantees to PROPHÉTIE that he is of legal age and has the legal capacity to contract.
PROPHÉTIE may delete the Client Account at any time, for any reason, in its sole discretion.
The Products offered for sale are those described on the Site on the day of the Customer's consultation of the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of PROPHÉTIE. As such, PROPHÉTIE cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
PROPHÉTIE takes great care in the presentation and description of its Products to best satisfy the information of the Customer. However, it is possible that errors may appear on the Site, which the Customer recognizes and accepts.
PROPHÉTIE does not guarantee the accuracy or the security of the information transmitted or obtained by means of the Site.
It is possible that the Customer may receive, following an Order, an item previously returned by another person. It is stipulated that PROPHÉTIE accepts only the return of intact and unworn Products, these two conditions being checked before returning the returned Products to stock.
Order taking on the Site is subject to compliance with the procedure put in place by PROPHÉTIE on the Site comprising successive steps leading to the validation of the Order.
The Customer can select as many Products as he wants to add to the basket (the "Cart"). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before confirming his Order. Confirmation of the Order constitutes confirmation of the Customer's acceptance of the GTC, Products purchased, their price and associated costs.
A confirmation e-mail summarizing the Order (Product (s), price, availability of the Product (s), quantity, etc.) will be sent to the Customer by PROPHÉTIE. For this purpose, the Customer formally accepts the use of email for confirmation by PROPHÉTIE of the content of his Order. Invoices are available in the "my account" section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
PROPHÉTIE reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite the best efforts of PROPHÉTIE to meet the expectations of its customers, it may be that the latter has to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
PROPHÉTIE cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after the sending of the confirmation email summarizing the Order.
PROPHÉTIE also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VII. PRICES AND PAYMENT TERMS
Product prices are indicated on the Site in euros, VAT included, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
All the displayed prices are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
PROPHÉTIE reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices applicable at the time of registration and payment of the Order, subject to availability.
The Products are payable outright when the Order is placed.
Payment for purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
The Customer expressly acknowledges that the communication of its bank card number to PROPHÉTIE constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, an Order cancellation notification for non-payment is sent to the Customer by PROPHÉTIE on the email address provided by the Customer when registering on the Site.
The data recorded and kept by PROPHÉTIE constitute proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitute proof of any financial transaction between the Customer and PROPHÉTIE.
VIII. DELIVERY AND WITHDRAWAL OF ORDERS
8.1. Terms of delivery
Deliveries are made by Colissimo services, Monday to Saturday, depending on the option chosen by the Customer when confirming his Order.
Delivery means the transfer to the Customer of the physical possession of the Products (the " Deliveries ").
The delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the "Deliveries and Returns" section.
When PROPHÉTIE takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is responsible for the carriage by the Customer and not by PROPHÉTIE.
The order is delivered to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, a natural person of his choice or a legal person (delivery to his company). ). An order can not be delivered to hotels or postboxes.
If it is impossible to make the Delivery, due to an incorrect delivery address or the absence of withdrawal by the Customer of his Order from the selected Colissimo collection point, no reshipment can be carried out and the Customer will be reimbursed within five (5) days of receipt of the Order by PROPHÉTIE.
PROPHÉTIE delivers the Orders within a maximum principle period of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an International Delivery, this period being counted from the first working day after validation of the Ordered.
In order to meet these deadlines, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase code, access, names and / or intercom numbers, etc.).
PROPHÉTIE cannot be held responsible for delay in delivery not being caused by itself or justified by a case of force majeure (as defined below).
In the event that the Delivery deadline is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request, the reimbursement of the amount paid on the occasion of the Order. Notwithstanding the above, PROPHÉTIE cannot be held responsible for the harmful consequences following a delay in delivery, only the reimbursement of the Product by PROPHÉTIE being possible to the exclusion of any other form of compensation.
Deliveries can also be made at Point Relais, subject to acceptance of the package by the selected Point Relais.
8.2. Terms and conditions of order pick-up in store, Click and Collect service
The in-store pick-up service allows the Customer to collect their order in the store within 30 days, after this time the order will no longer be available. The Customer must present himself with his identity document at the Les Recoverables store, 11 Rue des Gardes, 75018 Paris France during the opening hours specified on the Site in the "The store" section.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise their right of withdrawal from PROPHÉTIE, without having to justify its decision.
The exercise of the right of withdrawal can be done either by accessing the return portal in the section " Shipping & Returns "Or by email to firstname.lastname@example.org .
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return form provided by PROPHÉTIE, without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to retract in accordance with Article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with his Order.
The return of the Products is the responsibility of the Customer and is done at his risk although we advance the return costs by providing a prepaid return label to the Customer.
9.3. Refund of Products returned under the right of withdrawal
Refund of the Order by PROPHÉTIE is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to retract.
However, reimbursement takes place provided that PROPHÉTIE was able to recover the Products subject to the return.
PROPHÉTIE makes the reimbursement using the same means of payment as the one used for the payment of the Order, unless the Customer expressly agreed to use another. If this means of payment is or will expire, the Customer must contact customer service to change the method of reimbursement. This does not incur any costs for the Customer. PROPHÉTIE cannot be responsible for reimbursement on an expired means of payment.
The reimbursement of an order paid with a gift card or a credit note will be automatically reimbursed with a credit note.
If the Customer does not comply with these Terms and Conditions, PROPHÉTIE will not be able to reimburse the Products concerned. In all cases, the return costs are borne by PROPHÉTIE if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. GUARANTEES - LIMITATION OF LIABILITY
10.1 Limitation of responsibilities
The responsibility of PROPHÉTIE in respect of any Product purchased on the Site is strictly limited to the purchase price of the latter. PROPHÉTIE will not be responsible for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- loss of data
- loss of working or management time
- image damage
- loss of chance, and in particular to order a Product,
- non-pecuniary damage.
The documents, descriptions and information relating to the Products on the Site are not covered by any warranty, express or implied, except as provided by law.
PROPHÉTIE does not provide any guarantee regarding any damage that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper functioning of the computer, including any transmission resulting from a download of any content made by the Customer, software used by the latter to download the content, the Site or the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device to protect against any bug, virus or other programming routine which are harmful.
Customer acknowledges all risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that it is solely responsible for any damage to its computer system or any loss of data resulting from the download of this content.
PROPHÉTIE is only required to deliver Products in accordance with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics exhibited on the Site; (ii) they must be adapted for the purposes for which products of that kind are generally designed; (iii) they must meet the criteria of quality and strength which are generally accepted for products of the same kind and which can reasonably be expected.
In addition, PROPHÉTIE guarantees the consumers of the defects of conformity and the hidden defects for the products on sale on the Site under the following conditions:
10 Legal guarantees
All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
Legal guarantee of conformity
Article L217-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. "
Article L211-5 of the Consumer Code: "To comply with the contract, the product must:
1) Be fit for the usually expected use of a similar good and, where appropriate:
correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. "
Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Guarantee against hidden defects
Article 1641 and XNUMX of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer would not have acquired it, or n 'would have given them a lower price, if he had known them. "
Article 1648 and XNUMX of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be relieved of apparent defects or lack of conformity. "
As part of the legal guarantee against hidden defects, PROPHÉTIE, at the choice of the Client, undertakes, after assessment of the defect:
- Either to reimburse the full price of the returned Product,
- Or to reimburse him a part of the price of the product if the Customer decides to keep the Product.
Exclusion of warranties
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to improper use.
10.3 Procedures for implementing guarantees
Within the framework of the legal guarantee of conformity, the Customer:
(i) has a period of two (2) years from the delivery of the property to act;
(ii) may choose between repairing or replacing the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
(iii) is exempted from providing proof of the existence of the lack of conformity of the goods during the two years.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
For any request concerning legal guarantees, the Customer must then contact the Customer Relations Department at email@example.com or on 06 68 27 68 00 .
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
As part of the legal guarantee of conformity, PROPHÉTIE agrees to the choice of the Client:
- replace the Product with an identical product depending on the available stocks,
- or to reimburse the price of the Product if replacement of a Product proves impossible.
As part of the legal guarantee against hidden defects, PROPHÉTIE, according to the choice of the Client, undertakes, after evaluation of the defect:
- either to reimburse him the full price of the returned Product, or to reimburse him part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeure
In case of occurrence of an event of force majeure preventing the execution of these Terms, PROPHÉTIE inform the Customer within fifteen (15) days from the occurrence of this event, by email or registered letter with acknowledgment of receipt. Expressly, are regarded as case of force majeure or fortuitous case, besides those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or disputes commercial, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in forms of commercialization, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the transaction concerned may be terminated at the request of PROPHÉTIE or the Client without compensation on either side. Failure to pay by the Customer can not be justified by a case of force majeure.
XI. RETENTION OF TITLE
PROPHÉTIE retains full ownership of the Products sold until full payment of the full price, in principal, fees, taxes and compulsory contributions included.
XII. PARTIAL INVALIDITY
If one or more stipulations of the present GTC are considered as invalid or declared as such by law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their reach.
No tolerance, inaction or inertia of PROPHÉTIE cannot be interpreted as a waiver of his rights under the GTC.