GENERAL TERMS AND CONDITIONS OF USE
These Terms and Conditions (hereinafter "Terms") apply to all purchases made by a user / person (hereinafter the "CUSTOMER") on the website www.sebastienblum.com (hereinafter 'the SITE ") with SEBASTIEN BLUM, 141 BIS RUE DU BRAS LONG 97414 ENTRE-DEUX. Brand of the Company MAISON EVEREST registered at 97410 SAINT PIERRE REUNION (FRANCE) under the number 84160850800013, firstname.lastname@example.org (hereinafter "SELLER").
Article 1. Definitions
The following terms are used in these Terms and Conditions, the following meanings:
"CUSTOMER" means the contracting partner of the SELLER, which guarantees that the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER is beyond any usual or business.
"DELIVERY" means the first presentation of PRODUCTS ordered by the Customer at the delivery address when ordering.
"PRODUCTS" means all products available on the site.
Article 2. Purpose
These Terms and Conditions govern the sale of the PRODUCTS by the SELLER to his CUSTOMER.
The CUSTOMER is clearly informed and agrees that the site targets consumers and professionals should contact the sales department of the SELLER to benefit from separate contractual conditions
Article 3. Acceptance of Terms
The Customer agrees to carefully read these Terms and agree to before proceeding to payment of an PRODUCTS order placed on the WEBSITE.
These Conditions are referenced at the bottom of each page of the site through a link and must be consulted before ordering. The CUSTOMER is invited to carefully read, download, print the Terms and keep a copy.
The SELLER advises the CUSTOMER to read the Terms and Conditions for each new order, the latest version of these Terms are applicable to all new PRODUCTS control.
By clicking on the first button to place the order and then the second to confirm the said order, the CUSTOMER acknowledges having read, understood and agreed to the Terms without limitation or condition.
Article 4. Purchase of goods on the site
To buy a PRODUCT, the CUSTOMER must be at least 18 and have the legal capacity or, if a minor, be able to justify the agreement of their legal representatives.
The CUSTOMER will be invited to provide information to identify it by filling out the form available on the site. The sign (*) indicates required fields that must be filled for the command to the CUSTOMER be processed by the SELLER. The CUSTOMER can check the site the status of his order. Tracking DELIVERIES may, where appropriate, be made using the online tracking tools for certain carriers. The Customer may also contact the sales department of the SELLER at any time by email, at email@example.com to obtain information about the status of his order.
The information that the CUSTOMER provides the SELLER at a command must be complete, accurate and current. The SELLER reserves the right to ask the CLIENT to confirm, by appropriate means, their identity, eligibility and information provided.
Article 5. Controls
Section 5.1 Product Feature
The SELLER shall have the essential character of the PRODUCT (on the fact sheets available on the site) and compulsory information that the CUSTOMER shall receive under the applicable law (in these Terms and Conditions).
The CUSTOMER agrees to read this information carefully before placing an order on the site.
Unless expressly stated otherwise on the site, all PRODUCTS sold by the SELLER are new and comply with European legislation and standards applicable in France.
Article 5.2. Ordering process
PRODUCTS The controls are directly spent on the site. To place an order, the Customer must follow the steps below (please note however that depending on the CUSTOMER start page, the steps may vary slightly).
5.2.1. Selecting PRODUCTS and purchase options
CUSTOMER must 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 PRODUCT PRODUCT is placed in the basket of the CUSTOMER. He can then add to the basket as much as he wants PRODUCTS.
Once selected PRODUCTS and placed in her basket, the CUSTOMER must click the basket and check that the content of the order is correct. If the CUSTOMER has not yet done, it will then be asked to identify themselves or to register. But the CUSTOMER also has the option not to register / identify themselves and can simply complete an information form, to continue his order.
Once the Customer has validated the contents of the basket and it will be recognized / registered or will have completed the information form, will appear to his attention an online form completed and automatically summarizing the price.
The CUSTOMER is invited to check the content 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 make payment of the GOODS by following the instructions on the site and provide all information necessary for billing and DELIVERY PRODUCTS. Regarding PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders must include all necessary information to process the order.
CUSTOMER must also select the delivery method chosen.
The CUSTOMER can still cancel the order at any time, as long as payment has not been made by clicking the "Cancel" button.
Once all the steps described above are completed, a page appears on the site in order to acknowledge receipt of the order of the CUSTOMER. A copy of the acknowledgment of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send order confirmation by post or fax.
During the ordering process, the Customer shall enter information necessary for billing (the sign (*) indicate required fields must be filled for the CUSTOMER's order is processed by the SELLER).
The CUSTOMER must state clearly all the information relating to ships, in particular the exact address of ships, as well as any access code to the DELIVERY address.
CUSTOMER must then specify the chosen payment method.
Neither the order that the CUSTOMER sets online or acknowledgment of the command that sends the CUSTOMER SELLER email will constitute an invoice. Whatever the mode control or payment used, the CUSTOMER will receive the original invoice to the DELIVERY PRODUCTS, inside the package.
5.3. Date of the order
The order date is the date on which the SELLER acknowledges online ordering. The times indicated on the site begin to run from that date.
For all PRODUCTS the CUSTOMER found on the site prices in Euros including all taxes, including delivery costs (for the shipping method proposed by the SELLER).
The company SELLER not being subject to VAT, prices include all taxes.
SELLER suppliers prices are subject to change. Consequently, the prices listed on the site may change. They can also be modified if offers or special sales.
Prices are valid, except mistake. The applicable price is that indicated on the site at the date the order is placed by the CUSTOMER.
5.5. Availability PRODUCTS
The unavailability of a PRODUCT is normally indicated on the page of the PRODUCT in question. CUSTOMERS may 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 shall promptly inform the CUSTOMER if the PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER:
Either offer to ship all PRODUCTS simultaneously as soon as the GOODS out of stock will be available again,
Either make a partial shipment of the PRODUCTS available at first, then shipping the rest of the order when others PRODUCTS will be available, subject to clear information about the additional transport costs which may be incurred,
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the Customer decides to cancel the unavailable PRODUCTS command, it will be refunded any monies paid for the unavailable PRODUCTS later than thirty (30) days of payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided in the "Cancellation policy" policy available in Appendix 1 hereof.
Article 7. Payment
7.1. Means of payment
The CUSTOMER can pay its PRODUCTS posted on the site following the methods proposed by the SELLER. The site offers three payment methods. The CUSTOMER can pay by credit card via the secure platform PayPlug, by bank transfer or by check (issued by a bank). For payment by check and transfer the command processing time will be longer.
When paying by check, it must be issued by a bank domiciled in Europe, made payable to "Sébastien Mohamed" and sent to "Sebastian Blum 141B RUE DU BRAS LONG 97414 ENTRE-DEUX".
Making the collection will be on receipt of the check.
The Customer has 10 days following the order to send the check to the SELLER. Beyond these 10 days, the order will be canceled.
The CUSTOMER guarantees to the SELLER that holds all the authorizations required to use the chosen method of payment.
The SELLER shall take all necessary measures to guarantee the security and confidentiality of data transmitted online through the online payment on the site.
It is in this regard clarified that all payment information provided on the site are transmitted to the PayPlug society and are not dealt with on the site.
7.2. Payment date
If single payment by credit card, the account will be debited from the PRODUCTS order placed on the WEBSITE.
Where some ships, the total amount will be debited from the account of the CUSTOMER at the earliest when the first package will be shipped. If the Customer decides to cancel his order because of PRODUCTS unavailable, the refund will be in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
7.3. Delay or non-payment
If the bank refuses to debit card or other payment method, the Customer must contact the Customer Service of SELLER to pay the order by any other valid means of payment.
In the event that for any reason whatsoever, opposition, rejection or other transmission flow of money owed by the CUSTOMER is not feasible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract with the CUSTOMER corresponding to an order of an amount greater than 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 CUSTOMER.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment by the CUSTOMER.
The provisions above shall not prevent the transfer to the CUSTOMER 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, and the risks of damage they can cause.
Article 10. Delivery
PRODUCT DELIVERY of terms are provided in the "politics of delivery" given in Annex 2 of these and accessible at the bottom of each page of the site via a hyperlink.
Article 11. Packaging
The PRODUCTS will be packed in accordance with current transport standards, to ensure maximum protection for the GOODS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS as provided in Annex 1 - withdrawal policy.
Article 12. Guarantees
12.1. Guarantee of conformity
Article L.211-4 of the Consumer Code: "The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. "
Article L.211-5 of the Consumer Code: To conform to the contract, the product must:
1. Be suitable for the purpose usually of a similar property and, where applicable:
- Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
The SELLER is obliged to deliver a consistent PRODUCT that is to say, specific to the use expected of a similar good and matching the description given on the site. This compliance also means that the PRODUCT present the qualities that a buyer can reasonably expect given the public statements made by the SELLER, including in advertisements and on the labels
In this context, the SELLER is likely to meet compliance defects existing 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 his responsibility.
The action resulting from lack of conformity lapses two (2) years from the issuance of the PRODUCT. (Article L.211-12 of the Consumer Code)
In case of non-compliance, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of choosing the CUSTOMER is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may make repayment without following the option chosen by the customer.
In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of returned PRODUCT in exchange for returning the PRODUCT by the CUSTOMER at the following address not available address .
Finally, the CUSTOMER is offered to prove the existence of the lack of conformity of the PRODUCT during the six (6) months after delivery of the goods.
It is stated that this legal guarantee of conformity is applicable irrespective of the commercial guarantee granted, if any, on PRODUCTS.
Article 13. Responsibility
The responsibility of the SELLER shall in no circumstances be held liable for non-performance or improper performance of contractual obligations due to the CUSTOMER, especially when entering the order.
The SELLER shall not be held liable or deemed to have breached these for any delay or failure when the cause of the delay or failure was due to a force majeure as defined by case law courses and french courts.
It is also specified that the SELLER does not control the websites that are directly or indirectly related to SITE. Accordingly, it excludes all liability for information published there. The links to third party web sites are provided for information only and no warranty is given as to their content.
Article 14. Personal data
The SELLER collection on the site personal data about its customers, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process orders placed on the site, manage the account of the CUSTOMER, analyze orders and if the CUSTOMER has chosen this option, send her sales prospecting emails, newsletters, offers promotional and / or information about special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.
CUSTOMERS may unsubscribe at any time by accessing their account by clicking on the hyperlink for this purpose it down every offer received by email.
Data can be communicated in whole or part, service providers SELLER involved in the order process. For commercial purposes, the SELLER may transfer its business partners the names and details of its CUSTOMERS, provided that they have given their prior consent when registering on the site.
The SELLER specifically instruct CUSTOMER if they want their personal data being disclosed. CUSTOMERS may change your mind at any time on site or by contacting the SELLER.
The SELLER may also ask its CUSTOMER if they wish to receive commercial offers from our partners.
In accordance with Law No. 78-17 of 6 January 1978 relating to data files and freedoms, the Customer has a right to access, rectify, oppose (for legitimate reasons) and delete of personal data. He can exercise this right by sending an email at: firstname.lastname@example.org or by writing to address not available.
It is stated that the Customer must prove his identity, either by scanning an ID or by sending the SELLER a photocopy of his identity card.
Article 15. Complaints
The SELLER shall provide the CUSTOMER a mail at the following : email@example.com .
Any written complaint CUSTOMER must be sent to the following address: Sébastien Blum 141B RUE DU BRAS LONG 97414 ENTRE-DEUX.
Article 16. Intellectual property
All the visual and sound elements of the site, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SELLER. Any person who publishes a website and want to create a hyperlink directly to the site must request authorization from the SELLER in writing.
This authorization of the SELLER shall in no case be granted permanently. This link must be removed at the request of the SELLER. Hypertext links to the site using techniques such as framing (framing) or by inserting hyperlinks (inline linking) is strictly prohibited.
Article 17. Validity of Terms
Any change in the law or applicable regulations or a decision of a competent court invalidating one or more provisions of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such modification or decision does not in any case the CUSTOMER to ignore these Terms and Conditions.
All conditions not specifically addressed herein shall be governed in accordance with the use of the trade sector in particular, for companies whose headquarters are located in France.
Article 18. Modification of Terms
These Conditions apply to all purchases made online on the site, as the site is available online.
The Terms are dated accurately and may be modified and updated by the SELLER at any time. The applicable Terms are those in force at the time of the order.
Changes to Terms and Conditions shall not apply to previously purchased PRODUCTS.
Article 19. Jurisdiction and applicable law
These Conditions and the relationship between the CUSTOMER and the SELLER shall be governed by French law.
In case of dispute, the French courts will have jurisdiction.
However, before any recourse to arbitration or state judge, be privileged trading in a spirit of loyalty and good faith to reach an amicable agreement on 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 stating the elements of the conflict. If after a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court hereafter.
Throughout the negotiation process until its conclusion, the parties shall not pursue any legal action against each other and the object of conflict negotiation. Exceptionally, the parties are permitted to enter the jurisdiction of the Court or to request the issuance of an order on request. Possible action before the court hearing the application or the implementation of a procedure query results to the parties any waiver of the clause amicable arrangement, unless otherwise expressly desire.
The CUSTOMER 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 day the CUSTOMER or a third party other than the carrier and indicated by the CLIENT, physical possession of the PRODUCT.
In case the CUSTOMER would have ordered several PRODUCTS via one order leading to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the carrier and indicated by the CUSTOMER, physical possession of the last PRODUCT delivered.
Notification of withdrawal
To exercise his right of withdrawal, the Customer must notify its decision to withdraw from this contract by an unequivocal statement to: address not available or firstname.lastname@example.org.
It can also use the form below:
FORM OF WITHDRAWAL
For the attention of [*] (* Contact the SELLER)
SELLER telephone number *:
SELLER fax number *:
E-mail address * SELLER:
I notify you hereby my withdrawal from the contract for the sale of the PRODUCT below:
No purchase order:
- Ordered on [____________] / received [________________]
- Means of payment used:
- Name of the CLIENT and possibly the recipient of the order:
- CUSTOMER address:
- Delivery address :
- Signature of the CUSTOMER (except in case of transmission by email)
In order for the withdrawal period is complied with, the Customer must send its communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal from the CUSTOMER, the SELLER agrees to refund the full amount paid, including shipping charges without undue delay and in any event, no later than fourteen (14) days the day the SELLER is notified of the will of the CUSTOMER to retract.
The SELLER will refund using the same means of payment as the CUSTOMER has used for the initial transaction, unless the CUSTOMER expressly agrees to a different medium, in any event, this reimbursement does not incur any fees to the customer.
The SELLER may withhold the reimbursement until receipt of the goods or until the Customer has provided evidence of shipment of the property, whichever is the earliest of these facts.
CUSTOMER must 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 to: Sébastien Blum 141B RUE DU BRAS LONG 97414 ENTRE-DEUX.
This deadline is met if the CUSTOMER returns well before the end of the fourteen day period.
The CUSTOMER will have to bear the direct cost of returning the goods.
State of the returned property
PRODUCT must be returned following the instructions of the SELLER and include in particular all delivered accessories.
The responsibility of the CUSTOMER is engaged only in respect of the depreciation of property resulting from the handling other than necessary to establish the nature, characteristics and functioning of this PRODUCT. In other words, the CUSTOMER has the ability to test the PRODUCT her but could be held liable if he performs procedures other than those necessary.
withdrawal of exclusions
The right of withdrawal is excluded in the following cases:
- Provision of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to specifications or clearly personalized CUSTOMER
- Provision of goods liable to deteriorate or expire rapidly
- Providing audio or video recordings or sealed computer software which were unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation other than for residential purpose, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a date or a specific execution period
- Provision of goods which by their nature are blended inseparably with other articles
- Supplies of sealed goods can not be returned for reasons of health protection or health and which were unsealed after the DELIVERY by the CUSTOMER
- the supply of alcoholic beverages, the price has been agreed at the time of conclusion of the sales contract, the delivery can be carried out after 30 days and the actual value depends on fluctuations in the market beyond the control of the SELLER
- Providing a paperless digital content not supplied if the performance has begun with the prior express consent of the consumer, which also recognized and will lose his right of withdrawal
- contracts concluded at a public auction
The proposed PRODUCTS can be delivered to most countries of the world. However CUSTOMER a doubt, he can contact the SELLER mail.
The PRODUCTS are shipped (to) address (s) of delivery that the Customer will (s) indicated during the ordering process.
The deadlines to prepare an order and issue the invoice before shipping PRODUCTS in stock are listed on the site. These times do not include weekends or holidays.
An email message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.
Shipping & Delivery charges
During the ordering process, the SELLER states to CUSTOMER possible and shipping options for purchased PRODUCTS.
Delivery is always free.
Details of delivery is detailed on the SITE.
Terms of Shipping
Depending on availability, linked to the geographical area. The package will be delivered to the CUSTOMER against signature and on presentation of an ID.
In case of absence, a notice will be left to the CUSTOMER, to enable him to get his parcel in the post office.
The CUSTOMER is informed of the delivery date when he chooses the carrier, at the end of the online order process, before confirming the order.
It is specified that the deliveries will be made within thirty (30) days. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of delivery within that period, it may terminate the contract.
The SELLER shall reimburse, without undue delay after receipt of the letter of termination, the CUSTOMER the total amount paid for PRODUCTS, taxes and shipping included, using the same method of payment used by the Customer to buy products.
The SELLER is responsible to delivery of the PRODUCT until the reception by the CUSTOMER. It is recalled that the Customer has a period of three (3) days to notify the carrier of the damage or partial loss recognized upon delivery.
By geographical area, additional fees may be charged to the CUSTOMER by border customs for example. The SELLER is not responsible for such costs. the CUSTOMER will have to pay itself.