These terms and conditions (hereinafter "Terms") apply to all purchases made by a visitor / natural person (hereinafter "CLIENT") on the website labonnedate.com labonnedate.com (hereinafter 'the SITE LABONNEDATE.COM ") with SPERAQUA Ltd. registered in the Trade and Companies Register under number Annecy 533 610 986 whose registered office is 503 Hamlet Joudrain Marcellaz Albanians 74150, France Tel: +33 (0) 9 72 May 28 43 email: email@example.com (hereafter "SELLER").
Any order placed on the SITE LABONNEDATE.COM necessarily implies the unconditional acceptance of these terms and conditions CUSTOMER sales.
Article 1. DEFINITION
The terms used below have, in these Conditions, the following meanings:
"CUSTOMER" means the contractor for the SELLER, which guarantees to have as a consumer as defined by the French law and jurisprudence. In this respect, it is expressly provided that CLIENT is outside any usual or business.
"DELIVERY" means the first presentation of PRODUCTS ordered by the CLIENT to the delivery address when ordering.
"PRODUCTS" means all products available on the SITE LABONNEDATE.COM.
"TERRITORY" means the Metropolitan FRANCE, including Corsica (excluding DOM / TOM), SWITZERLAND, Belgium
Article 2. PURPOSE
These Terms govern the sale by the SELLER its CLIENTS PRODUCTS.
The CLIENT is clearly informed and acknowledges that LABONNEDATE.COM SITE is intended for consumers and professionals should contact the sales department of the SELLER to benefit from separate contractual conditions
Article 3. ACCEPTANCE OF TERMS
The CLIENT agrees to carefully read these Terms and Conditions and accept them before proceeding to payment of an order placed on the SITE PRODUCTS LABONNEDATE.COM.
These General Conditions are referenced in bottom of each page of the SITE LABONNEDATE.COM through a link and should be consulted before placing the order. The Customer is requested to read, download, print the Terms and keep a copy.
SELLER advises the CUSTOMER read the Terms every new order, the latest version of these Terms that apply to all new orders of PRODUCTS.
By clicking on the first button to place the order and then the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the Terms and Conditions without limitation or qualification.
Article 4 OPENING AN ACCOUNT -. PURCHASE OF PRODUCTS ON THE SITE LABONNEDATE.COM
To buy a product, the customer must be at least 18 years old and have the legal capacity or, if a minor, to be able to justify the approval of his legal representatives.
The CLIENT will be invited to provide information to identify by completing the form available on the SITE LABONNEDATE.COM. The asterisk (*) indicates required fields that must be filled for the control of CLIENT is treated by the SELLER. The CLIENT may check on the status SITE LABONNEDATE.COM his order. Monitoring DELIVERIES may, where appropriate, be carried out using tracking tools online some carriers. The CLIENT may also contact our sales department SELLER at any time by email at firstname.lastname@example.org to obtain information on the status of his order.
Information that CUSTOMER provides to the SELLER at a command must be complete, accurate and current. The SELLER reserves the right to require the CLIENT to confirm, by any appropriate means, its identity, eligibility and disclosure.
Article 5. CONTROLS
Article 5.1 Feature Products
SELLER endeavors to present as clearly as possible the main features of PRODUCTS (on the information sheets available on the SITE LABONNEDATE.COM) and mandatory information that must be the CLIENT under applicable law (in these Conditions general).
The CLIENT agrees to read this information carefully before placing an order on the SITE LABONNEDATE.COM.
The SELLER reserves the right to modify the selection of products available on the SITE LABONNEDATE.COM, including the constraints related to its suppliers.
Unless otherwise expressly SITE LABONNEDATE.COM all PRODUCTS sold by the SELLER are new and comply with European legislation and standards applicable in France.
Article 5.2. Checkout procedure
PRODUCTS orders are placed directly on the SITE LABONNEDATE.COM. To place an order, the CLIENT must follow the steps below (please note, however, that depending on the start page of the CLIENT, the steps may differ slightly).
5.2.1. PRODUCTS selection and purchase options
The CLIENT shall select (s) PRODUCT (s) of their choice by clicking on the (s) PRODUCT (s) concerned (s) and choosing the characteristics and quantities desired. After selecting the product, the product is placed in the basket of the CLIENT. The latter can then be added to the basket as much as he wants PRODUCTS.
Once selected and placed in the basket PRODUCTS CUSTOMER should click on the cart and check that the contents of the command is correct. If the Customer has not already done so, it will then be asked to identify themselves or to register.
Once the Customer has approved the contents of the basket and it will be recognized / registered, will be displayed to the attention of an online form completed and automatically summarizing price, applicable taxes and, where appropriate, the costs of Shipping.
The Customer is requested to verify the contents of the order (including the amount, characteristics and references PRODUCTS ordered, billing address, payment method and price) before validating its content.
The Customer can then proceed to payment PRODUCTS following the instructions on the SITE LABONNEDATE.COM and provide all information necessary for billing and delivery of products.
PRODUCTS on which options are available, these specific references appear when the right options have been selected.
Orders placed must include all the information needed to process the order.
The Customer must also specify the mode of delivery chosen.
Once all the steps above are completed, a page appears on the SITE LABONNEDATE.COM to acknowledge receipt of the order of the CLIENT. A copy of the acknowledgment of the order is automatically sent to the CLIENT by e-mail, provided that the email address provided through the registration form is correct.
The SELLER does not send order confirmation by mail or fax.
During the ordering process, the CLIENT shall enter information necessary for billing (the sign (*) indicates required fields to be filled so that the command is processed by the CLIENT the SELLER).
The Customer shall indicate clearly all the information relating to the DELIVERY, in particular the exact address of eligible and that any access code at DELIVERY.
The Customer shall then specify the payment method selected.
Neither the purchase order that the Customer establishes online or acknowledgment of the command sent to the SELLER CLIENT email does not constitute an invoice. Whatever the mode or the payment method used, the CLIENT will receive the original invoice to the delivery of products within the package.
5.3. Date of order
The order date is the date on which the SELLER acknowledges online ordering. Delays specified on the SITE LABONNEDATE.COM not begin to run until that date.
For all products, the customer found on the SITE LABONNEDATE.COM prices in Euros OR Swiss Franc inclusive of all taxes and delivery charges apply (depending on package weight, excluding packaging and gifts, the Shipping address and the carrier or method of transport chosen).
Prices include in particular the value added tax (VAT) for France at the rate in force on the date of order. Any change in the applicable rate may impact the price of the GOODS to the date of entry into force of the new rate.
The VAT rate is expressed as a percentage of the value of PRODUCT sold.
Supplier prices SELLER are subject to change. Consequently, the prices listed on the SITE may change LABONNEDATE.COM. They can also be modified in case of special offers or sales.
The prices indicated are valid, except mistake. The applicable price is that indicated on the SITE LABONNEDATE.COM the date the order is placed by the CLIENT.
5.5. Availability PRODUCTS
Depending on the product concerned, the SELLER applies inventory management "to lean." Therefore, as appropriate, the availability of stocks depends PRODUCTS SELLER.
The SELLER undertakes to fulfill the received orders subject to the PRODUCTS are available.
The unavailability of a PRODUCT is normally indicated on the product page in question. CUSTOMERS can also be informed of a restocking PRODUCT by the SELLER.
In any event, if the unavailability was not specified at the time of the order, the SELLER undertakes to inform the Customer immediately if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Or propose to ship all together PRODUCTS PRODUCTS soon as out of stock will be available again,
Or make a partial shipment PRODUCTS available at first, then shipping the rest of the command when other products will be available, subject to clear information about additional shipping charges which may be incurred,
Is proposed alternative PRODUCT equivalent quality and price accepted by the CLIENT.
If the Customer decides to cancel its order for PRODUCTS unavailable, it will be refunded all monies paid for the unavailable PRODUCTS, without delay and no later than thirty (30) days of payment.
Article 6. Cancellation
The terms of the right of withdrawal is provided in the "Cancellation policy" policy available in Appendix 1 hereto and accessible at the bottom of each page of the SITE LABONNEDATE.COM via a hyperlink.
Article 7. PAYMENT
The Customer can pay its online PRODUCTS SITE LABONNEDATE.COM following the methods proposed by the SELLER.
The Customer warrants that the SELLER has all the permissions required to use the chosen method of payment.
The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online through the online payment SITE LABONNEDATE.COM.
It is for this reason clarified that all payment information provided on the SITE LABONNEDATE.COM are transmitted to the bank SITE LABONNEDATE.COM and are not processed on the SITE LABONNEDATE.COM.
7.2. Payment Date
In case of single payment by credit card, the account will be debited from the CLIENT command PRODUCTS placed on the SITE LABONNEDATE.COM.
In case of partial delivery, the total amount will be debited from the account of the CLIENT at the earliest when the first package will be shipped. If the Customer decides to cancel its order for PRODUCTS unavailable, the refund will be made pursuant to the last paragraph of Section 5.5 of these Terms and Conditions.
7.3. DELAY OR DENIAL OF PAYMENT
If the bank refuses to charge a card or other means of payment, the Customer must contact Customer Service SELLER to pay the order by any other valid means of payment.
In the event that for any reason whatsoever, opposition, refusal or other transmission of the flow of money owed by the Customer is not feasible, the order will be canceled automatically and the sale canceled.
Article 8. Evidence and Archiving
Any contract with the CLIENT corresponding to an order worth over 120 euros will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information to monitor the transactions and produce a copy of the contract at the request of the CLIENT.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
SELLER remains the owner PRODUCTS delivered until full payment by the CLIENT.
The above provisions do not prevent the transfer to CLIENT at the time of receipt by him or a third party designated by him other than the carrier, the risk of loss or damage PRODUCTS subject to reserve property, as well as the risk of damage they can cause.
Article 10. Shipping
The terms of delivery of products are provided in the "shipping policy" referred in Annex 2 hereof and accessible at the bottom of each page of the SITE LABONNEDATE.COM via a hyperlink.
Article 11. Packaging
PRODUCTS will be packaged in accordance with current transport standards, to ensure maximum protection during PRODUCTS DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Policy of withdrawal.
Article 12. Guarantees
12.1. Ensuring compliance
The SELLER shall deliver a consistent product that is to say specific to the expected usage of a similar and corresponding to the description given on the SITE LABONNEDATE.COM. This compliance also means that the product has the qualities that a buyer might reasonably expect given the public statements made by the SELLER, including in advertising and on labels
In this context, the SELLER is likely to meet existing compliance defects upon delivery and the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him or was carried out under its responsibility.
The action resulting from lack of conformity within two (2) years after delivery of the product.
In case of lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CLIENT option is manifestly disproportionate to the other viable option, given the value of the PRODUCT or the size of the defect, the SELLER may process a refund without following the option chosen by the CLIENT.
In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days upon receipt of the returned product in exchange for returning the product by the customer at our next warehouse / SPERAQUA "GOOD DATE" Caesar's Wives BUSINESS CENTER 275 Hollow Road / BP 24/74600 SEYNOD
12.2. Implied warranty
The SELLER shall guarantee in respect of hidden PRODUCT sold which render it unfit for the use for which it is intended, or which so impair that use the CLIENT would not have acquired, or would have paid defects a lower price if he had known.
This guarantee allows the CLIENT who can prove the existence of a latent defect to choose between reimbursement of the price if the PRODUCT is returned and refund a portion of the prize, if the PRODUCT is not returned.
In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days upon receipt of the returned product in exchange for returning the product by the customer at our next warehouses / SPERAQUA "GOOD DATE" Caesar's Wives BUSINESS CENTER 275 Hollow Road / BP 24/74600 SEYNOD
The action resulting from latent defects must be brought by the Customer within January 2 years after discovery of the defect.
Article 13. Responsibility
The responsibility of the SELLER shall in no event be held liable for non-performance or improper performance of contractual obligations due to the CLIENT, especially when entering the order.
The SELLER shall not be liable for, or considered to have breached these for any delay or failure when the cause of the delay or failure was due to a case of force majeure as defined by case law courses and French courts.
It is also clarified that the SELLER does not control the websites that are directly or indirectly linked to the SITE LABONNEDATE.COM. Accordingly, it excludes all liability for information published therein. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
Article 14. Personal Data
SELLER collection SITE LABONNEDATE.COM personal data about its customers, including through cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to treat SITE LABONNEDATE.COM past orders, manage on behalf of the CLIENT, analyze orders and if the Customer has chosen this option, send mails commercial prospecting, newsletters , promotional and / or information about special sales offers, unless the Customer does not wish to receive such communications from the SELLER.
CUSTOMER data are kept confidential by the SELLER in accordance with its declaration to the CNIL for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account by clicking on the hyperlink provided for this purpose in this low each offer received by email.
The data can be communicated, in whole or in part to service the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer its business partners the names and addresses of its CUSTOMERS, provided that they have given their prior consent during registration on the SITE LABONNEDATE.COM.
The SELLER will specifically instruct CLIENTS if they want their personal data to be disclosed. CUSTOMERS may change your mind at any time on the SITE LABONNEDATE.COM or by contacting the SELLER.
The SELLER may also ask his CLIENTS if they wish to receive commercial offers from our partners.
Accordance with the law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms, the Customer has a right of access, rectification, opposition (for legitimate reasons) and delete their personal data. He may exercise this right by sending an e-mail at: email@example.com by sending an email to SPERAQUA sarl 503 Hamlet Joudrain 74150 Marcellaz Albanians.
It is stated that the CLIENT must prove his identity, or by scanning an ID or by sending a copy to the SELLER of its identity.
Article 15. Claims
The SELLER shall provide the CLIENT a "Phone Call" at the following number: +33 (0) 9 72 28 05 43 (non premium rate number).
Any written complaint by the CLIENT shall be sent to the following address: sarl SPERAQUA 503 Hamlet Joudrain 74150 Marcellaz Albanians.
Article 16. Intellectual Property
All visual and sound elements of the SITE LABONNEDATE.COM, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SELLER. Anyone who publishes a labonnedate.com website and wants to create hyperlinks directly to the SITE LABONNEDATE.COM a link must request authorization from the SELLER in writing.
This authorization SELLER shall in no case be granted permanently. This link must be removed at the request of the SELLER. Hyperlinks to the SITE LABONNEDATE.COM using techniques such as framing (framing) or by inserting hyperlinks (in-line linking) is strictly prohibited.
Article 17. Validity of Terms
Any change in the law or regulations, or any decision of a court of competent jurisdiction to invalidate one or more provisions of these Terms shall not affect the validity of these Terms and Conditions. Such modification or decision prohibits any CUSTOMERS to disregard the present General Conditions.
All conditions not specifically addressed herein shall be governed in accordance with the use of the trade sector individuals, for companies whose headquarters are located in France.
Article 18. Changing Conditions
These Terms apply to all purchases made online on the SITE LABONNEDATE.COM, as the SITE LABONNEDATE.COM is available online.
The Terms are precisely dated and may be amended and updated by the SELLER at any time. The General Conditions apply are those in force at the time of ordering.
Changes to Terms and Conditions shall not apply to previously purchased products.
Article 19. Jurisdiction and applicable law
These Terms and the relationship between the CLIENT and the SELLER shall be governed by French law.
In case of dispute, only the Commercial Court Annecy FRANCE is competent.
However, before any recourse to arbitration or state judge, will be favored trading in a spirit of loyalty and good faith to reach an amicable agreement upon the occurrence of any dispute relating to this contract, including on its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of conflict letter. If after a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court hereinafter.
Throughout the negotiation process until its completion, the parties agree not to exercise any legal action against each other and the conflict under negotiation. As an exception, the parties are allowed to enter the jurisdiction of the Court or to seek the imposition of injunctions. Possible action before the court hearing the application or implementation of a procedure query result in the parties no waiver clause amicable settlement, unless expressly otherwise agreed.
Principle of withdrawal
The CLIENT has in principle the right of return or return the product to the seller or a person designated by the latter, without undue delay and no later than fourteen (14) days of notification of its decision to withdraw, unless the SELLER has offered to collect himself PRODUCT.
The withdrawal period shall expire fourteen (14) calendar days after the date the Customer, or a third party other than the carrier and indicated by the CLIENT, physical possession of the PRODUCT.
If the command includes several PRODUCTS CLIENT and if PRODUCTS are delivered separately, the withdrawal period shall expire fourteen (14) days after the date the Customer, or a third party other than the carrier and indicated by the CLIENT, physical possession Last PRODUCT.
Notification of withdrawal
To exercise the right of withdrawal, the Customer must notify its decision to withdraw from this contract through an unequivocal statement to: SPERAQUA sarl 503 Hamlet Joudrain 74150 Marcellaz Albanians. or firstname.lastname@example.org.
It can also use the form below:
FORM OF WITHDRAWAL attention [*] (* Information)
Phone Number * SELLER:
Email address SELLER *:
and you hereby notifies my withdrawal from the contract for the sale of the PRODUCT below:
No purchase order:
- Ordered the [_______________] / received [__________________]
- Means of payment used:
- Name of the CLIENT and possibly the recipient of the command:
- Address of Client:
- Shipping Address:
- Signature of CLIENT (except in case of transmission by email)
That the withdrawal period is observed, the CLIENT shall transmit its communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In case of withdrawal from the CLIENT, the SELLER agrees to refund all monies paid, including delivery charges without undue delay and in any event not later than fourteen (14) days the day on which the SELLER is informed of the intention of the CLIENT to retract.
The SELLER will refund using the same payment method that the CLIENT will used for the initial transaction, unless the Customer expressly agrees a different way, in any event, this refund will not incur any fees for the client.
The SELLER may defer repayment until receipt of the goods or until the Customer has provided proof of shipment of the property, whichever is the earliest of these facts.
The CLIENT shall, without undue delay and in any event, no later than fourteen (14) days after notification of its decision to withdraw from this contract, return the property, at our warehouse / SPERAQUA "THE GOOD DATE "Caesar's Wives BUSINESS CENTER 275 Hollow Road / BP 24/74600 SEYNOD
The deadline is met if the Customer returns the goods before the expiration of fourteen days.
The CLIENT shall bear the direct cost of returning the goods.
State of the returned property
The PRODUCT must be returned according to the instructions of the SELLER and in particular include all accessories shipped.
The responsibility of the CLIENT is committed in respect of the depreciation of property resulting from the handling other than those necessary to establish the nature, characteristics and functioning of the PRODUCT. In other words, the CLIENT has the ability to test the PRODUCT but his could be held liable if he performs procedures other than those required.
PRODUCTS are packaged in accordance with current transport standards, to ensure maximum protection during PRODUCTS DELIVERY. CUSTOMERS must meet the same standards when returning PRODUCTS. As such, the CLIENT is requested to return the PRODUCT does not suit him in its original packaging and in good condition, clean its reletting.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Supply of goods or services whose price depends on fluctuations in the financial market
Supply of goods made to customer specifications or clearly personalized
Supply of goods liable to deteriorate or expire rapidly
Supply of audio or video recordings or sealed software which were unsealed after delivery
Newspaper, periodical, magazine (except subscription contract)
Provision of accommodation other than for residential purposes, goods transport, car rental, catering or services related to leisure activities if the offer includes a date or a specific period of execution
Supply of goods which by their nature are inseparably mixed with other items
Supplies sealed goods can not be returned for reasons of protection of health or hygiene that have been unsealed by the customer after delivery
the supply of alcoholic beverages, the price was agreed at the time of conclusion of the contract of sale, delivery can not be made after 30 days and the actual value depends on fluctuations in the market beyond the control of SELLER
Supply of digital content not supplied dematerialized if performance has begun with the consumer's prior express consent, which was also recognized and he will lose his right of withdrawal
contracts concluded at a public auction
PRODUCTS offered can only be delivered in the following territories: France, Belgium, Switzerland, Luxembourg,