Website refund policy boutique.azur-confort.com
applicable from 24/06/2021
ARTICLE 1. PARTIES
This refund policy is applicable between AZUR CONFORT , SAS , share capital: 187800 €, registered in the RCS of GRENOBLE in France le 04/02/2002 , under the number 441394699 , head office: ZI Chartreuse Guiers - 38380 ENTRE DEUX GUIERS , France , phone: +33476660791 , email: firstname.lastname@example.org , intra-community VAT number: FR55441394699 , hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
Client : any person, natural or legal, of private or public law, registered on the Site.
Site Content : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
The Editor : AZUR CONFORT , SAS taken in its capacity as publisher of the Site.
Internet user : any person, natural or legal, of private or public law, connecting to the Site.
Product : goods of any kind sold on the Site by the Publisher to Customers.
Site : website accessible at the URL boutique.azur-confort.com, as well as the related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. connection to the Site, by any means whatsoever, in particular through the intermediary of a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by the fact of checking the corresponding box.
The Internet user acknowledges by the same fact to have taken full knowledge of them and to accept them without restriction.
The fact of checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the registration systems at tomatic of the Publisher and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
The acceptance of these general conditions supposes on the part of the Internet users that they enjoy the necessary legal capacity for this, or failing that they have the authorization of a tutor or curator if they are incapable, of their legal representative if they are minors, or even that they hold a mandate if they are acting on behalf of 'a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDER STEPS
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Confirmation of the order by the Internet user
By consulting their basket, Internet users will be able to check the number and the nature of the Products they have chosen and will be able to check their unit price , as well as their overall price. They will be able to remove one or more Products from their basket.
If their order suits them, Internet users can validate it. They will then access a form on which they can either enter their login details if they already have one, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their contact details. delivery and invoicing, then will be invited to make their payment by being redirected for this purpose on the secure payment interface with the words "order with payment obligation" or any analogous formula.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, in a maximum delay of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summary of the order and confirming the processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices can be changed at any time by The Publisher. The prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can pay by Stripe .
In the context of payments by bank card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly in the hands of the banking establishment.
In the event of payment by money order, check or bank transfer, delivery times do not start to run until the date of payment. 'collection of the payment by the Publisher.
The Publisher will send or make available to the Client an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid to the 'due date will give rise, as of right and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date. of the sums due in principal.
In addition, any late payment will result in the invoicing of the defaulting Customer of recovery costs of an amount of 40 euros, the immediate becoming payable of all the sums remaining due regardless of the agreed deadlines, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the fault of the Customer. This clause falls within the framework of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE
7.1. Customer service
Customer service for the Site is accessible by email at email@example.com or by post to the address indicated in article 1 of these general conditions.
7.2. Right of withdrawal - Distance selling
This article 7.2 is applicable to the Customer having the quality of consumer within the meaning of the introductory article of the Code of consumption.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without have to justify reasons or pay penalties, with the exception, where applicable, of return costs.
The period mentioned in the previous paragraph starts from is where the distance contract is concluded for contracts relating to the provision of a service and / or the provision of digital content not provided on a tangible medium, either from the receipt of the goods by the Customer or a third party , other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces, the delivery of which its is spread over a defined period, the period starts from the receipt of the last good or lot or the last part. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details indicated in article 1 of these general conditions by means of a void declaration. ambiguity. The Customer has, for example, the possibility of using the standard form provided at the end of these general conditions. In any event, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer the reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, at the earliest of the two events. Beyond that, the amount due is, as of right, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
If applicable, the professional makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, except with the express agreement of the Client for the use of another means of payment and to the extent that the reimbursement does not incur costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at a maximum of 150 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer is only liable with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the provision of services fully executed before the end of the withdrawal period and whose execution has started after the express prior consent of the Customer and express waiver of his right of withdrawal;
- supply of goods made to the specifications of the Customer or clearly Personalized;
- for the supply of goods liable to deteriorate or expire quickly;
- for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- de supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- concluded at a public auction;
- accommodation services, other than residential accommodation, transport services goods, car rentals, catering or leisure activities that need to be provided on a specific date or period;
- for the supply of digital content not supplied on a physical medium, the execution of which has started after the express prior consent of the Customer and express waiver of his right of withdrawal.
Similarly, the right of withdrawal is not applicable to contracts fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.3. Resolution of the contract on the initiative of the Client
The Consumer Client may terminate the contract by registered letter with request for acknowledgment of receipt in the event that the delivery date of the goods exceeds seven days. The Customer will then be reimbursed for the sums incurred by him during the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Client undertakes not to take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.
7.4.1. Guarantee of apparent defects and defects
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This verification must relate in particular to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any event, any complaint concerning the packages delivered will only be taken into account if the Customer acting as a trader has expressed reservations with the carrier in accordance with articles L. 133-3 et seq. Of the French Commercial Code
7.4.2. Guarantee against hidden defects
188.8.131.52. Legal guarantees
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 and s. of the Code civil) and a security guarantee (articles 1245 et seq. of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. Consumer Code).
184.108.40.206. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 5 years from delivery of the Product.
In order to implement the warranty, it is the Customer's responsibility to return the product to the address of the Publisher's headquarters, accompanied by an explanatory letter requesting either the repair , either exchange or refund.
In any case, the Customer is requested to follow precisely the Publisher's instructions relating to the return of the Products.
The cost of returning the Product remains the responsibility of the Customer, except for Consumer Customers implementing the guarantee of conformity of articles L. 217-4 and s. of the Consumer Code.
The consumer Client benefits from a period of 2 years from the delivery good to act with the seller. As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Customer decides to implement the guarantee against hidden defects , it may choose between rescinding the sale or reducing the sale price.
ARTICLE 8. STIPULATIONS FINALS
8.1. Applicable law
These general conditions are subject to the application of French law.
8.2. Modifications of these general conditions
These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal area entailing acceptance, if applicable, of the new general conditions.
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes with a consumer Client that may arise in the context of the execution of these general conditions and of which the solution could not be found beforehand amicably between the parties must be submitted.
In addition, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Since January 1, 2016 , mediation is compulsory for everyone. Thus, any professional selling to individuals, is required to communicate the contact details of a competent Mediator in the event of a dispute, regardless of whether he is selling remotely or in a physical store (Source : FEVAD).
Public services site https://www.defenseurdesdroits.fr
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties shall to the extent as far as possible replace the canceled stipulation by a valid stipulation corresponding to the spirit and the subject matter hereof.
The absence of exercise by the Publisher of the rights which are recognized to him by the present can in no case be interpreted as a waiver to assert said rights.
8.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr.
8.7 . Languages of these general conditions
These general conditions are offered in French.
8.8. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.