GENERAL CONDITIONS OF SALE – March 2023
Article 1: PURPOSE AND SCOPE
These general conditions of sale (the "GTC") of the company DECOCLIM ("DECOCLIM"), SARL with a capital of €25,500, registered with the RCS of FREJUS under number 790 646 988,
- whose registered office is at 21 AVENUE SAINT EXUPERY 83120 SAINTE-MAXIME,
- whose place of business is located at 10 RUE HENRI BECQUEREL 83340 LE LUC,
- and whose intra-community VAT number is FR73790646988
Any placing of an order entails the Customer's full and unreserved acceptance of the T&Cs which prevail over any contrary stipulations that may appear on the Customer's order forms and/or any general conditions of purchase, except for specific conditions accepted by both Parties.
The contract is offered in French and consists of the GCS, the special conditions (order form), and the order confirmation specifying the description and quantity of the Products, their price and the delivery methods (the "Contract"). The T&Cs can be consulted at any time on the Site.
Article 2: PRODUCTS
The Products are presented on the Site by a presentation sheet allowing the Customer to find out about their essential characteristics and their price. DECOCLIM reserves the right to modify its Product offer at any time, subject to current Contracts.
Article 3: ORDER
The Products are presented on the Site by a presentation sheet allowing the Customer to find out about their essential characteristics and their price. DECOCLIM reserves the right to modify its Product offer at any time, subject to current Contracts.
The Customer chooses the Product(s) as well as the desired quantity and adds it to his basket in order to place an order according to the following process. (1) Access to the basket and to a summary of the details of his order and its total price including tax, allowing the verification and correction of any errors. (2) Identification or creation of a customer account using the form provided for this purpose. (3) Access to a summary of the contents of the order, detailing the Products ordered, their essential characteristics and their price, and summarizing the total price including VAT to be paid, additional costs included where applicable. (4) Acknowledgment and express acceptance by ticking the box provided for this purpose in the GCS and confirmation of the order (constituting consent and entailing an obligation to pay for the Customer, which is explicitly reminded to him and which he acknowledges ) . The Customer is then redirected to the secure site for payment so that he pays the agreed price.
DECOCLIM confirms receipt of the order by sending an acknowledgment of receipt which summarizes the order, specifying the essential characteristics of the Product(s) ordered, the price including VAT, the delivery time and contains the GTC attached (as well as the withdrawal form).
Article 4: RIGHT OF WITHDRAWAL AND RETURN
You have the right to withdraw without giving any reason and to request the return of the product(s) against reimbursement within FOURTEEN (14) days after deliveryYou have the right to withdraw without giving any reason and to request the return of the or cash on delivery products within FOURTEEN (14) days of delivery.
The Customer benefits from a withdrawal period (the terms and effects of which are specified in the box following the GCS) of FOURTEEN (14) days after the day on which the Customer, or a third party other than the carrier and designated by him, takes physical possession of the Product or of the last Product in the event of separate delivery of a single order.
Article 5: DELIVERY
The Products are delivered according to the terms agreed between the Parties and summarized in the order confirmation (in particular delivery address, costs and delivery times).
In Metropolitan France, delivery is free and is provided by the carrier DPD. A shipping confirmation email is sent to the customer specifying the scheduled day and delivery time slot. The customer has the possibility to modify the delivery choices in case of absence. Delivery times are generally estimated between FORTY-EIGHT (48) and SEVENTY-TWO (72) hours, subject to a case of force majeure.
Delivery times may be modified in the event of modification of the order by the Customer, accepted by DECOCLIM. DECOCLIM reserves the right to split deliveries, at no additional cost to the Customer.
The Customer has a period of SEVENTY-TWO (72) hours from delivery to report any apparent defects/damages concerning the Products by issuing specific reservations on the delivery note, confirmed by mail with acknowledgment of receipt addressed to DECOCLIM. This allows DECOCLIM to take the necessary actions against the carrier if necessary.
After this period, the Products are considered to be in conformity with the order, that is to say not presenting any apparent defects/damages. It is specified that the absence of a reservation issued according to the forms and within the time limits above does not call into question the legal guarantees available to the Customer (see section TIME LIMIT FOR WITHDRAWAL AND RETURN and the box appearing following the GCS ).
Article 6: PRICE - CONDITIONS OF PAYMENT
The prices of the Products are in euros, are indicated including VAT and are those in force on the day of the order. They do not include the cost of transport as well as any costs, taxes or duties of any kind, which will be specified for each Product and order. DECOCLIM may modify its prices at any time, without this affecting current Contracts.
Payment is due in full when ordering the Products. DECOCLIM does not grant any discount, and at no time can the sums paid be considered as a deposit or installment. Payments will be made through an external provider of online payment by credit card.
Article 7: LIABILITY – GUARANTEES
DECOCLIM cannot be held responsible in the event of inaccurate information provided by the Customer when creating his account / order, in particular identification and delivery information.
It is recalled that the Customer benefits from the legal guarantees, the main terms and conditions of which appear in the box following the GCS, ie the guarantee against hidden defects and the legal guarantee of conformity.
The Customer may exercise these guarantees at the following addresses: DECOCLIM - 10 RUE HENRI BECQUEREL 83340 LE LUC, and/or relationclient@decoclim.fr, indicating his identity, his order reference as well as the defect/non-compliance. The Customer can then return the Product concerned to DECOCLIM, indicating the remedy he wishes from among those available to him, and which are explained in point 2. of the box appearing following the GCS. As part of the guarantees, DECOCLIM pays for the collection of the Product(s) by the carrier.
Article 8: INTELLECTUAL PROPERTY
DECOCLIM is and remains the holder of all its intellectual property rights, and in particular on the content of the Site (in particular images and illustrations), on the DECOCLIM brand and logo, on the Products as well as on the domain name associated with the Site, what the Customer acknowledges and undertakes to respect.
Article 9: PROTECTION OF PERSONAL DATA
DECOCLIM undertakes to comply with the legal and regulatory provisions in force applicable to the protection of personal data concerning the Customer, and in particular to apply the DECOCLIM confidentiality policy. As such, DECOCLIM specifies that the purpose of the processing is the performance of the Contract, for its duration as well as that of the guarantee and the limitation periods. DECOCLIM undertakes to take measures to ensure the confidentiality, integrity and security of the data thus collected, which will not, under any circumstances, be transferred to any third party whatsoever, which does not provide the same guarantees. DECOCLIM reminds that the Customer has a right of access, rectification, portability, deletion and erasure of his personal data and minimization of the processing and opposition for legitimate reasons, to the processing as well as the right to define post-mortem directives, which can be exercised at the following addresses: DECOCLIM - 10 RUE HENRI BECQUEREL 83340 LE LUC and/or relationclient@decoclim.fr, as well as the right to lodge a complaint with the data protection authority competent personnel (in France the CNIL).
Article 10: PROBATIVE FORCE OF ELECTRONIC DOCUMENTS
Electronic writings between the Parties have probative force with regard to the Contract. Consequently, it is expressly agreed that, barring manifest error or evidence to the contrary, the data kept by DECOCLIM in its information system has probative value between the Parties in the event of a dispute.
Article 11: MEDIATION
When he is a consumer, in accordance with the provisions of the Consumer Code, the Customer has the right to use a mediation service free of charge.
The online dispute resolution (RLL) platform is available at this address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
The mediator on which DECOCLIM depends is SAS Médiation Solution ( https://www.sasmediationsolution-conso.fr ) and can be reached at the following addresses: 222 chemin de la bergerie 01800 Saint Jean de Niost and/or contact@sasmediationsolution-conso.fr .
The dispute can only be examined by the consumer mediator when: (i) the Customer justifies having tried, beforehand, to resolve his dispute directly with DECOCLIM by a written complaint to the following addresses: DECOCLIM - 10 RUE HENRI BECQUEREL 83340 LE LUC and/or relationclient@decoclim.fr and (ii) the Customer has submitted his request to the mediator within a period of less than ONE (1) year from his written complaint to DECOCLIM.
Article 12: TERMINATION - SETTLEMENT OF DISPUTES
The Contract ceases ipso jure and automatically, by the completion of the sale or in the event of non-performance of an obligation referred to in Articles 5 and/or 6 of the Contract and after a formal notice sent by the creditor of the obligation by registered letter to the other Party, which has remained unsuccessful at the end of a period of TEN (10) days following receipt of the formal notice. Failure to comply with the T&Cs by the Customer may result in the termination of the Contract and/or the suspension of the Customer's account.
The T&Cs are governed by French law, excluding any conflict of law which would imply the application of another law and/or the Vienna Convention on the international sale of goods.
| - IMPORTANT - |
| 1 – Right of withdrawal and effects of withdrawal Right of withdrawal and return You have the right to withdraw from the Contract without giving any reason within FOURTEEN (14) days. The withdrawal period expires FOURTEEN (14) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods or of the last goods in the event of separate delivery of a single order. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the Contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to DECOCLIM - 10 RUE HENRI BECQUEREL 83340 LE LUC and by email to relationclient@decoclim.fr. You can use the model withdrawal form but it is not mandatory. If you use this option, we will send you an acknowledgment of receipt of the withdrawal without delay (eg by e-mail). For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. Effects of withdrawal In the event of your withdrawal from the Contract, we will refund the full payment received from you, no later than FOURTEEN (14) days from the day on which we are informed of your decision to withdraw from the Contract. We will make the refund using the same means of payment as you used for the initial transaction, unless we expressly agree on a different means; in any case, this refund will not incur any costs for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is earlier. You must return or return the goods without undue delay and, in any event, no later than FOURTEEN (14) days after you have informed us of your decision to withdraw from the Contract. This deadline is deemed to have been met if you return the goods before the expiry of the period of FOURTEEN (14) days. You will be responsible for the direct cost of returning the product. These costs amount to approximately TWENTY EUROS (€20) including VAT per product, and will be charged to the reimbursement of the Product(s). Your responsibility is only engaged 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 good. |
| 2 - Information on the legal guarantee of conformity and on the legal guarantee against hidden defects DECOCLIM is liable for lack of conformity of the Products under the conditions of article L. 217-4 and following of the Consumer Code and for hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code. When acting as a legal guarantee of conformity, the consumer: • • has a period of TWO (2) years from delivery of the goods to act; • • can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; • • is exempted from providing proof of the existence of the lack of conformity of the goods for TWENTY-FOUR (24) months. The legal guarantee of conformity applies independently of any commercial guarantee granted. The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the Civil Code. Article L. 217-4 of the Consumer Code The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L. 217-5 of the Consumer Code The property is in accordance with the contract: 1° If it is specific to the use usually expected of a similar item and, where applicable: - - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. Article L. 217-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by TWO (2) years from the delivery of the goods. Article L. 217-16 of the Consumer Code When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. Article 1641 of the Civil Code The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them. Article 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within TWO (2) years from the discovery of the defect. |
Legal Notice
Service Editor
DECOCLIM, SARL with a capital of €25,500, registered with the RCS of FREJUS under number 790 646 988
- whose registered office is at 21 AVENUE SAINT EXUPERY 83120 SAINTE-MAXIME,
- whose place of business is located at 10 RUE HENRI BECQUEREL 83340 LE LUC,
- and whose intra-community VAT number is FR73790646988
Tel: 09 72 60 95 63
Email: contact@decoclim.fr
Director of publication: Mr. William DANIZET
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