DEFINITION OF THE PARTS
Between the Company Ecom Premium LLC,
3 rue du Printemps, 69120, Vaulx en Velin, France
with Share Capital of €,
registered in the Trade and Companies Register of Vaulx en Velin, France,
under number EIN 61-1981605,
represented by FOUAD SAADA
as President,
duly authorized 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.
Hereinafter the “Seller” or the “Company”.
Firstly,
And the natural or legal person purchasing the company’s products or services,
hereinafter, “the Purchaser”, or “the Customer”
On the other hand,
PREAMBLE
The Seller is a publisher of products and services marketed through its website (https://www.decorative-aquarium.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1: OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Conditions of Sale (GTC) apply to all sales of Products or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These T & Cs can be viewed on the Company’s website at the following address: https://www.decorative-aquarium.com/legal. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares to have read all of these General Conditions of Sale,and, where applicable, the Special Conditions of Sale linked to a product or a service, and accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICE
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 + any other taxes) on the product order page, 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 therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary for access to the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to be able to place his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address, etc.); – Acceptance of these General Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of instructions for payment, and payment of products. – Product delivery. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a copy.pdf of these general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide his true identification elements. 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. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer’s order within the limit of available stocks only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. 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 as well as their prices is specified on the product sales pages, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address). In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address). In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 – OWNERSHIP RESERVE CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – DELIVERY TERMS
The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the time taken to prepare the order. When the Customer orders several products at the same time, they may have different delivery times sent according to different methods. 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 that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by payment card or bank check. Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes 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 in the event of the impossibility of debiting the card, the Sale is immediately terminated as of right and the order canceled.
ARTICLE 10 – WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of , where applicable, return costs ”. “The period mentioned in the previous paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company by email or telephone. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories,notice…) so that they can be re-marketed in new condition; if possible, they should be accompanied by a copy of the proof of purchase.
ARTICLE 11 – GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made by contacting the Vendor by email or by simple letter. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the good to act with the Seller – that he can choose between replacement and repair of the good subject to the conditions provided for by the provisions mentioned above. apparently defective or not corresponding – that it is exempt from providing proof of the existence of the lack of conformity of the good during the six months following delivery of the good. – that, except second-hand goods,this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction in the sale price (provisions of articles 1644 of the Civil Code).
ARTICLE 12 – COMPLAINTS
If necessary, the Purchaser can present any complaint by contacting the company by email or by simple letter.
ARTICLE 13 – 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 carried out through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The performance of the seller’s obligations at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
ARTICLE 16 – GDPR AND PROTECTION OF PERSONAL DATA
In accordance with European regulations on the protection of personal data, you have the rights to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the execution of this contract.
ARTICLE 17 – APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.