These General Conditions of Sale are up to date as of November 5, 2020.
These General Terms and Conditions of Sale (hereinafter '' GTC '') are offered by the company Habituari (hereinafter '' The Company ''), SASU with a capital of 1000 euros, registered in the Trade and Companies Register de Bobigny under number 889668174, represented by Marie-Alix Ourson, whose registered office is at 51 rue des Rosiers, 93400 Saint Ouen.
His non-premium phone number is 0664526283, and his email address is firstname.lastname@example.org.
The company is the owner and publisher of the website www.habituari.com (hereinafter "the Site"). The Site is hosted by Shopify, TSX, domiciled at 150 rue Elgin Suite 800 Ottawa, Ontario K2P 1L4 Canada, contactable at 1-613-241-2828. The director of the publication is Marie-Alix Ourson.
The Site offers the Customer (hereinafter "the Customer") the possibility of The Site allowing customers to purchase items for the home (hereinafter the "Products").
Before using the Site, the Customer must ensure that he has the technical and IT resources enabling him to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the IT configuration of his hardware / equipment is in good condition and does not contain viruses.
APPLICATION AND OPPOSABILITY OF THE GTC
The purpose of these T & Cs is to define all the conditions under which the company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter "Order") of Products placed on the Site by the Customer.
The Customer declares to have read and accepted these GTC before placing his Order.
The validation of the Order therefore implies acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the Site on the date of placing the Order.
Any contrary condition imposed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the company regardless of when it may have been brought to its attention.
The fact that the company does not avail itself at a given time of any provision of these T & Cs cannot be interpreted as a waiver of subsequently availing itself of any provision of said T & Cs.
ORDERING PRODUCTS ON THE SITE
The company reserves the right to correct the content of the Site at any time.
The Customer can find on the product page the period during which, or the date until which, the spare parts essential for the use of the product are available on the market.
The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product (s) does not engage the responsibility of the company and does not affect the validity of the sale
The Customer selects the Product (s) he wishes to purchase, and can access the summary of his Order at any time.
The Order summary presents the list of the Product (s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product (s) in the Order. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.
After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the T & Cs, then clicking on the Order validation icon. The words "Order with payment obligation" or a similar unambiguous formula appears next to the Order validation icon in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the company and the Customer and binds them irrevocably.
After the validation of his Order and in order to be able to proceed to payment, the Customer enters the contact details to which he wishes to obtain delivery of the ordered product (s), and invoicing if they are different. The delivery process for the ordered product (s) is described in Article 5 of these GTC.
The company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, if applicable, invoicing addresses provided.
After having validated his delivery details and, if applicable, invoicing, the Customer proceeds to the payment of his Order according to the methods specified below.
PRICE AND TERMS OF PAYMENT OF THE ORDER
The prices are mentioned on the Site in the descriptions of the Products, in euros and excluding tax and all taxes included.
The total amount is indicated in the summary of the Order, before the Customer accepts these T & Cs, validates his Order, informs and validates his delivery and billing details, if applicable, and proceeds to payment. This total amount is shown inclusive of all taxes.
The Order of Products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card, except special conditions of sale expressly accepted by the Customer and the company.
In the event of payment by credit card, the Site uses the security system of STRIPE, a service provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The banking transaction by bank card, carried out between the Customer and the secure system, is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the company.
The Customer guarantees the company that he has the necessary authorizations to use the payment method, when placing the Order.
The company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be owed by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
The product (s) offered on the Site can be delivered to France as well as to any country
The company undertakes to deliver the product (s) within a period not exceeding 5 to 10 working days from the date of the Order.
The Customer is informed by email, when his Order is ready, of its shipment. The ordered product (s) (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in Article 3.8 of these GTC.
The Customer must ensure that the information communicated referred to in Article 3.7 of these T & Cs is correct, and that they remain so until complete delivery of the product (s) ordered. The Customer therefore undertakes to inform The Company of any change in billing and / or delivery details that may occur between the Order and delivery, by sending an email, without delay, to the customer service email address. Failing that, in the event of a delay and / or error in delivery, the Customer may in no case engage the responsibility of the company in the event of a failure to deliver, and the company's customer service will contact the Customer for a second delivery. on client fee.
The company will also not be responsible if the non-receipt of the Products is due to the act of a third party outside its intervention or in the event of theft.
In the event of a return of the Order due to the absence of the Customer, the company's customer service will contact the Customer for a second delivery at the Customer's expense.
The Customer can follow the delivery of his Order by contacting customer service, the number of which appears in article 6.2 of these GTC.
For any request for information, clarification or any complaint, the Customer must contact, as a priority, the company's customer service, in order to allow the latter to try to find a solution to the problem.
The company's customer service is accessible from Monday to Friday from 10 a.m. to 5 p.m. using the following contact details:
mail: 51 rue des Rosiers, 93400 Saint Ouen
LEGAL AND COMMERCIAL GUARANTEES
All the products offered by the company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
The non-compliant product will be replaced or repaired according to the cost terms provided for by the Consumer Code.
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
Thus the Customer:
(i) has a period of two (2) years from the delivery of the product to act in the absence of conformity of the Product
(ii) is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (6) months following delivery of the product,
(iii) may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proved to be unfit for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the product and request a price reduction, or return the product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
The following legal provisions are reminded:
Art. L217-4 of the Consumer Code: "The seller delivers goods 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, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. "
Art. L217-5 of the Consumer Code: '' The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model; (b) whether it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by 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 attention of the seller and which the latter has accepted. ’’
Art. L217-7 of the Consumer Code: "Lacks of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. ’’
Art. L217-8 of the Consumer Code: "The buyer is entitled to demand that the goods comply with the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied. ’’
Art. L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. ’’
Art. L217-10 of the Consumer Code: "If the repair and replacement of the good is impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be done without major inconvenience for the latter taking into account the nature of the good and the use which it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. ’’
Art. L217-11 of the Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. ’’
Art. L217-12 of the Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods. ’’
Art. L217-13 of the Consumer Code: '' The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law. ’’
Art. 1641 of the Civil Code: '' The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it not acquired, or would have given a lower price, if he had known them. ’’
Art.1642 of the Civil Code: "The seller is not liable for apparent defects that the buyer has been able to convince himself. ’’
Art. 1643 of the Civil Code: "He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee."
Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned. ’’
Art. 1646 of the Civil Code: "If the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. ’’
Art. 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. (...) ’’
If a Customer considers having received a product that he considers to be defective or non-compliant, he must contact the company, as soon as possible from receipt of the Order, at the following email address: contact @ habituari. com, or by registered mail with acknowledgment of receipt to the following address: 51 rue des Rosiers, 93400 Saint Ouen, specifying the defect or non-conformity in question.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and / or anomalies noted. The Customer must give the company every facility to proceed to the observation of these defects or nonconformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.
If the defects and / or anomalies are confirmed by the company, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, will proceed with the replacement of the product of which the company would have been led to note the lack of conformity, or the defect.
In the event that it is impossible to exchange the product, the company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made at the company's proposal by crediting the Client's bank account, the Client being able to opt for a reimbursement method other than the one proposed.
The Customer agrees to comply with the terms of these GTC.
The Customer agrees to use the Site in accordance with the instructions of the company.
The Customer agrees that he uses the Site only for his personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:
To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T & Cs.
To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or including all or part of the Site.
To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, decreases the quality or interferes with the performance or degrades the functionality of the Site.
To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
To infringe the intellectual property rights of the company and / or to resell or attempt to resell the products to third parties.
To denigrate the Site and / or the products as well as the company on social networks and any other means of communication.
If, for any reason, the company considers that the Customer does not comply with these GTC, the company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
RIGHT TO RETRACT
In accordance with articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the company, without having to justify reasons or pay a penalty.
All Products / Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1 ° The provision of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior consent of the consumer and express waiver of his right of withdrawal;
2 ° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3 ° The supply of goods made to the consumer's specifications or clearly personalized;
4 ° The supply of goods liable to deteriorate or expire rapidly;
5 ° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6 ° The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7 ° The supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8 ° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9 ° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10 ° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11 ° Concluded at a public auction;
12 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
13 ° The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of the withdrawal form provided in the appendix hereto or by means of an unambiguous declaration, without justifying reasons. The Customer may communicate his decision to withdraw to the company by any means, in particular by sending it by post to the company at the following address: 51 rue des Rosiers, 93400 Saint Ouen or by email at email@example.com.
In the event of notification to the company by the Customer of his decision to withdraw, regardless of the means employed, the company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
The Customer must return the product (s) in the same condition as that in which he / she received it (s), and with all the packaging elements, accessories and instructions (even if the ( s) product (s) has or have been unpacked, as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, at the following address: 51 rue des Rosiers, 93400 Saint Ouen. In accordance with the law, the Customer bears the cost of returning the product (s).
In the event of withdrawal by the Customer, the reimbursement of the Product (s) which has or have been the subject of the right of withdrawal is made by the company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this reimbursement will not incur costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day on which the company is informed of the Customer's decision to withdraw his Order.
In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is only engaged with regard to the company for a depreciation of the product (s), returned (s) following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
The company implements all measures to ensure the Customer the supply, under optimal conditions, of quality product (s). However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure. More generally, if the company was held liable, it could under no circumstances accept to compensate the Customer for indirect damage or the existence and / or the amount of which would not be established by evidence.
The company cannot be held responsible for damage caused by misuse of one of its products or by non-compliance with the precautions for use and conditions of hygiene, storage and safety when using one of its products. Products / Services.
The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and cannot be interpreted as an express or tacit endorsement, by the company, of these sites and these elements nor of their content.
The company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product (s) and other information posted on these websites.
It is expressly stipulated that the company can in no way be held responsible, in any way whatsoever, in the event that the IT equipment or the electronic mail of the Customers rejects, for example because of an anti-spam, the e-mails sent by the company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary of the Order or the shipping tracking e-mail.
The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have contracted.
The Customer agrees not to undermine the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the information system of the company. The Client may also not harm or hinder the information system of the company. Failing this, the company may take any measure against it and in particular incur criminal liability under articles 323-1 et seq. Of the Penal Code.
INTELLECTUAL PROPERTY AND PERSONAL DATA
All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and / or all other intellectual property rights. These elements are the exclusive property of the company. All of these rights are reserved for the whole world.
The name and brand, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.
No title or right whatsoever to any element or software will be obtained by downloading or copying material from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more that modify them or carry out any work taking them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Customer of the corporate names, brands and distinct signs belonging to the company is strictly prohibited except in the event of the express prior consent of the company.
The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company is committed, in accordance with GDPR regulations, to respecting your privacy and protecting your personal data, that is, likely to identify you directly or indirectly as a person.
As part of the order, the company aims to collect personal data from the Customer. The company is committed to protecting the personal data of customers.
The files containing the personal data necessary for the order are in particular kept on the servers of the Site host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). The company does not communicate or trade customer personal data.
At the order stage on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place the orders.
The purpose of the personal data collected by the company is to enable the order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or fiscal obligations.
In accordance with the provisions of law n ° 78-17 of January 6, 1978, as amended by law n ° 2004-801 of August 6, 2004 known as `` Informatique et Libertés '', and the general data protection regulation ( GDPR), subject to proving your identity, any Customer, whatever their nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his data and also has a right to data portability as well as a right to object to the processing of personal data concerning him.
For the purposes of applying this clause and, in particular, to ensure the confidentiality of Customer data, the company has appointed, in accordance with the provisions of the general data protection regulation (RGPD), a data protection officer. data protection, which can be contacted at the following address: firstname.lastname@example.org
In any event, any Customer has the right to lodge any complaint with the CNIL.
By checking the box provided for this purpose or by expressly giving its consent to this end, the Customer accepts that the company may send him, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the company for Products similar to those ordered.
Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (information letters).
LIST OF OPPOSITION TO THE TELEPHONE DEMARCHING
The Customer has the possibility of registering free of charge on a list of opposition to BLOCTEL telephone canvassing (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom he has no contractual relationship. course, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumption.
Any consumer has the possibility to register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These GTCS are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.
In the event of a dispute that may arise during the interpretation and / or execution of these Terms or in connection with these GTCS, the Customer may decide to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company adheres to the Mediator Service for e-commerce Médicys whose contact details are as follows: 73 Boulevard de Clichy, 75009 Paris, France - https://medicys.fr/
You can use the mediation service for consumer disputes related to an order placed on the internet.
To find out how to refer to the Mediator: https://medicys-consommation.fr/
Finally, it is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.
The Customer can also go to the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute settlement bodies approved in France: https://webgate.ec.europa.eu/odr/.
If this mediation procedure fails or if the Client wishes to seize a court, the rules of the Code of Civil Procedure will apply.
Habituari 51 rue des Rosiers, 93400 Saint Ouen
I hereby notify you of my withdrawal from the contract for the sale of the product (s) / service (s) mentioned below:
Order number :
Client name :
Client's signature :