GENERAL TERMS AND CONDITIONS OF SALE
Between the company Restranslate,
2 LE HAUT MARQUET,
with a share capital of €10,000
registered with the Rennes Trade and Companies Register,
under SIRET number 88219947400017
represented by Benjamin Brochard
in its capacity as manager, duly authorised for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site. Or directly by using the address 2 LE HAUT MARQUET 35450 Dourdain
Hereinafter referred to as the “Seller” or the “Company”. On the one hand, And the natural person or legal entity purchasing products or services from the Company, Hereinafter, “the Buyer”, or “the Customer” On the other hand, It has been set out and agreed as follows:
PREAMBLE
The Seller is a publisher of SAS Products and Services for consumers, marketed through its websites (https://restranslate.com/). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTS) govern the sales of Products or Services made through the Company’s websites and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company’s website at the following address: https://restranslate.com/.
The Company also ensures that their acceptance is clear and without reservation by putting a check box and a validation click in place. The Client declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale linked to a product or service, and accepts 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 that he is in a position to contract legally under French law or validly represent the natural person or legal entity for which he is committing himself.
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 including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the purchaser and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to enquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company’s websites are to be borne by the Customer. Where applicable, delivery costs are also payable by the Client.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to complete his order: – Information on the essential characteristics of the Product; – Choice of the Product, where applicable, its options; – Indication of the Customer’s essential contact details (identification, email, address, etc.); – Acceptance of these General Terms and Conditions of Sale; – Verification of the elements of the order (double-click formality) and, where applicable, correction of errors. Before confirming the order, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. Confirmation of the order will result in the formation of this contract. – Afterwards, instructions for payment, payment of the products and delivery of the order will follow. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale.
During the ordering process, the Customer will have the possibility to identify any errors made in the data entry and to correct them. The language proposed for the conclusion of the contract is French.
The terms and conditions of the offer and the general terms and conditions of sale are sent back to the buyer by email when the order is placed and archived on the Seller’s website. Where applicable, the professional and business rules to which the offeror intends to subject himself are to be found in the section “ancillary rules” of these GTC, which can be consulted on the Seller’s website at the following address: https://restranslate.com/.
The archiving of communications, order details and invoices is carried out on a reliable and durable medium in such a way as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract.
For products delivered, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide his or her true identification details. 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 the 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 French Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the current price indicated on the day of the order, this price does not include shipping costs charged in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of order confirmation. The Seller reserves the right to modify its 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 performed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a breakdown of the delivery costs as well as the terms and conditions of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, its postal, telephone and electronic contact details and its activities in the context of this sale. The Seller undertakes to honour the Customer’s order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer. 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 offer of the Products 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 in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided).
Article 6 : Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GCS comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Irrespective of any commercial guarantee, the Seller shall remain liable for defects in conformity and latent defects in the product.
In accordance with article L.217-4, the Seller delivers a good in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions on conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall reimburse or exchange products that are defective or do not correspond to the order. Reimbursement can be requested in the following manner: filing a complaint to the address 2 LE HAUT MARQUET 35450 Dourdain
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Delivery terms
The products are delivered to the delivery address that was indicated at the time of the order and within the time limits indicated. These times do not take into account the order preparation time. When the Customer orders several products at the same time, these may have different delivery times and be delivered as follows: delivery via one or more parcels. In the event of a delay in dispatch, a complaint must be made to the address 2 LE HAUT MARQUET 35450 Dourdain. In the event of late delivery, the Client has the possibility of cancelling the contract under the conditions and terms defined in Article L 138-2 of the French Consumer Code. The Seller will then proceed to reimburse the product and the “outward” costs under the conditions of Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds the Customer that when the Customer is in physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.
Article 9: Availability and presentation
In the event of unavailability of an article for a period exceeding 30 working days, you will be immediately informed of the foreseeable delivery times and the order for this article may be cancelled on request. The Customer may then request a credit note for the amount of the article or its full refund and the cancellation of the order.
Article 10 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network. Once payment has been initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his bank details at the time of the sale, the Customer authorises the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled.
Article 11: Withdrawal period
In accordance with the provisions of article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving any reason within fourteen (14) days from the date of receipt of his order. The right of withdrawal may be exercised by contacting the Company as follows: filing a complaint at the address 2 LE HAUT MARQUET 35450 Dourdain. We inform Customers that, in accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of retraction cannot be exercised for any item for which a manufacturing or delivery process is in progress. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the cost of returning the product(s) remaining at the Customer’s expense. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you can request the standard withdrawal form to be sent to us at the following address: 2 LE HAUT MARQUET 35450 Dourdain. Refund procedure: the refund procedure can be carried out after an enquiry into the product(s) purchased, more details of which can be found at the following address: 2 LE HAUT MARQUET 35450 Dourdain.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller shall reimburse the buyer or exchange products that are apparently defective or do not correspond to the order placed. The request for reimbursement must be made in the following manner: filing a complaint to the address 2 LE HAUT MARQUET 35450 Dourdain
The Seller reminds that the consumer: – has a period of 2 years from delivery of the goods to act with the Seller – that he may choose between replacement and repair of the goods subject to the conditions provided for in the above-mentioned provisions. apparently defective or not corresponding – that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. – that, with the exception of second-hand goods, this period will be extended to 24 months from 18 March 2016 – that the consumer may also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code). Additional guarantees : _____ (describe your additional guarantees)
Article 13: Claims and mediation
If necessary, the Buyer may submit any complaint by contacting the company using the following contact details lodging a complaint at the address 2 LE HAUT MARQUET 35450 Dourdain. In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he or she may have recourse to a consumer ombudsman under the conditions provided for in Title I of Book VI of the French Consumer Code. In the event of failure to make a claim to the Seller’s customer service department, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will make an independent attempt to bring the parties together with a view to obtaining an amicable solution.
Article 14: termination of the contract
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases: – delivery of a product that does not conform to the characteristics of the order; – delivery beyond the deadline set at the time of the order or, failing this, within thirty days of payment; – unjustified price increase or modification of the product. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: 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 transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure which would prevent performance thereof. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 16: Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure which would prevent performance thereof. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of the present contract were to be cancelled, this would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties. Article 18: 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 on the free movement of such data, the Seller shall set up personal data processing for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following: – the identity and contact details of the data controller and, if applicable, the representative of the data controller: the Seller, as indicated at the top of these GCS; – the contact details of the data protection officer: Brochard Benjamin – the legal basis of the processing: the contractual performance – the recipients or categories of recipients of the personal data, if any: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and orders, the subcontractors involved in the delivery and sales operations and any authority legally authorised to access the personal data in question – no transfer outside the EU is provided for – the length of time the data will be kept: the period of commercial prescription – the data subject has the right to request from the controller access to the personal data, correction or deletion of the data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability – the data subject has the right to lodge a complaint with a supervisory authority – the information requested when placing the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.
Article 18: Applicable law and clauses
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law. The nullity of a contractual clause shall not entail the nullity of these general terms and conditions of sale.
Article 19: Consumer information
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below: Aricle 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of 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 only have paid a lower price for it, if he had known about them. Aricle 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged from the defects or apparent lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at his expense by the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The goods are in conformity with the contract: 1° If they are fit for the use usually expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is time-barred after two 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 granted to him when acquiring or repairing a movable item, to repair the item covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee. This period starts from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
Under no circumstances can the automatic generation of this document replace the work of a lawyer or any expert in the field, it is a drafting aid and a good basis to start with.
Sharing the GTC on your website is your responsibility, it is up to you to adapt the particular points according to your field.