TERMS OF SALES
Between the Clayer Europe Company, 2544 RD 2085, 06330 Roquefort les Pins, with a Share Capital of € 500, controlled by the Register of Commerce and Companies of Nice, under the number SIRET 848 898 532, by Mr. Thibaut PARISE as a President, duly authorized for the purposes of these presents. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the “Seller” or the “Company”. In a manner, of a person or a body, a procedure, a product or a service, hereinafter, the “Buyer”, or the “Customer”, on the other hand , it was exposed and agreed what is appropriate:
PREAMBLE The Seller is a publisher of green clay products for consumers, marketed through its websites (https://www.clayereurope.com). The list and description of the goods and services offered by the Company may be consulted on the aforementioned sites.
Article 1: Object These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by Clayer Europe.
Article 2: General Provisions These General Conditions of Sale (GSC) govern the sales of Products or Services, carried out through the Company’s Internet sites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GSC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company’s website at the following address: https://www.clayereurope.com/en/cgv. The Customer declares that he / she has read all of these General Terms and Conditions of Sale, and if applicable the Special Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4: Conclusion of the online contract In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to fulfill his order:; Information on the essential characteristics of the Product; – Choice of the Product, if any, of its options – Indication of the essential details of the Customer (identification, email, address …); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (formality of the double click) and, if necessary, correction of the errors. Before proceeding to its confirmation, the Buyer has the opportunity to check the details of his order, its price, and correct any errors, or cancel the order. The confirmation of the order will entail formation of this contract. – Then follow instructions for payment, payment of products, and delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. During the order process, the customer will be able to identify any errors made in the data entry and correct them. The language proposed for the conclusion of the contract is the French language. The terms of the offer and the general conditions of sale are returned by email to the buyer when ordering and archived on the website of the Seller. If applicable, the professional and commercial rules to which the offeror intends to submit are available in the “Additional Rules” section of these Terms, available on the Seller’s website at the following address: https: // www .clayereurope.com / en / cgv. The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code.
This information can be produced as proof of the contract. For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services The essential characteristics of goods, services and their respective prices are made available to the buyer on the company’s websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate method, of the prices and special conditions of sale and sale. execution of the services before any conclusion of the contract of sale. In any case, the total amount owed by the Buyer is indicated on the confirmation page of the order. The selling price of the product is that in force indicated on the day of the order, this one not including by the charges of ports invoiced in supplement. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to change prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product’s presentation page regarding the delivery dates of the products or services. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract, as well as a detailed information relating to the identity of the salesman, his postal, telephone and electronic coordinates, and to its activities in the context of this sale. The Seller undertakes to honor the Customer’s order within the limit of the available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products’ offer and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted under the present conditions are only to the physical person signing the order (or the person holding the email address communicated).
Article 6: Compliance In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these T & Cs comply with the applicable regulations relating to the safety and health of persons, fair trading and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the product. In accordance with Article L.217-4, the seller delivers a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. In accordance with the legal provisions regarding compliance and hidden defects (article 1641 civic law), the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested in the following way: by email to firstname.lastname@example.org or by mail to the following address: Clayer Europe 2544 RD 2085, 06330 Roquefort les Pins. Reimbursement of the product and shipping costs will be refunded 30 days after the request made.
Article 7: Retention of title clause The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery The products are delivered to the delivery address that was indicated when ordering and within the time indicated. These delays do not take into account the time of preparation of the order. In case of late delivery, the Customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller proceeds to the refund of the product and expenses “go” under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller recalls that at the moment when the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the delivered product.
Article 9: Availability and presentation
In case of unavailability of an item for a period of more than 5 working days, you will immediately be notified of the foreseeable delivery times and the order of this article may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.
Article 10: Payment Payment is due immediately to the order, including for products pre-order. The Customer can pay by credit card or bank check. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The transmitted information is encrypted in the state of the art and can not be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 11: Withdrawal period In accordance with the provisions of Article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason, within fourteen (14) days of the date of withdrawal. receipt of his order. In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product (s) and the shipping costs will be refunded, the return costs being borne by the Customer. Returns of products are to be made in their original condition and complete (packaging, accessories, instructions …); if possible, they must be accompanied by a copy of the proof of purchase.
Article 12: Complaints and mediation If necessary, the Buyer may submit any complaint by contacting the company using the following contact information email@example.com. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided by Title I of Book VI of the Consumer Code. In case of failure of the complaint request to the customer service of the Seller, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt independently to bring the parties together. to obtain an amicable solution.
Article 13: cancellation of the contract
The order can be solved by the buyer by registered letter with acknowledgment of receipt in the following cases: – delivery of a product not in conformity with the characteristics of the order; – delivery exceeding the deadline fixed at the time of the order or, in the absence of date, within thirty days following the payment; – unjustified price increase or product modification. In these cases, the buyer may demand the repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 14: Intellectual property rights Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 15: Force Majeure The performance of the obligations of the seller at the end hereof is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 16: Nullity and modification of the contract If one of the stipulations of the present contract was canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 17: Protection of personal data In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller shall set up a processing of personal data whose purpose is the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: – the identity and contact details of the controller and, where applicable, the representative of the controller: the Seller, as indicated at the top of these Terms; – the data protection officer’s contact details: _____ – the legal basis of the processing: the contractual performance – the recipients or categories of recipients of the personal data, if they exist: the controller, his services in marketing department, the services in charge of computer security, the service in charge of the sale, delivery and order, the subcontractors involved in the delivery and sales operations and any authority legally authorized to access to the personal data in question – no transfer outside the EU is foreseen – the duration of data storage: the time of the commercial prescription – the data subject has the right to ask the controller for access to personal data, rectification or erasure thereof, or a limitation of the treatment relating to the data subject, or the right to oppose the treatment and the right to the portability of data – The data subject has the right to lodge a complaint with a supervisory authority – the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order can not be passed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French right. The nullity of a contractual clause does not entail the nullity of the present general conditions of sale. Article 19: Consumer Information For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code: The seller is liable for the guarantee for the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminishes the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known. Article 1648 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, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity. Article L. 217-4 of the Consumer Code: The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. Article L. 217-5 of the Consumer Code: The property is in conformity with the contract: 1 ° If it is fit for the customary use of a similar good and, if applicable: – if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer as a sample or model; – it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including 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, made known to the seller and that the latter has accepted. 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 the repair of a movable property, a discount warranty coverage, any downtime of at least seven days is in addition to the remaining warranty period. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.