FR
Article 1. Definition of the parties
These General Terms and Conditions of Online Sale are concluded between: LES PALETTES company, a Limited Liability Company with capital of 5,000 euros, registered with the Trade and Companies Register of Annecy under number 530 845 486, with registered office located at 15 rue de la Paix in ANNECY (74000), hereinafter referred to as the Seller, and any non-commercial individual wishing to make a purchase on the website www.lespalettes.fr (the "Site"), hereinafter referred to as the Buyer.
Article 2. Purpose
These General Terms and Conditions of Online Sale (the "GTC") aim on the one hand to inform any potential buyer about the conditions and terms under which the Seller proceeds with the sale and delivery of products ordered on the site, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the Seller to any consumer referred to as the Buyer.
The fact that the Buyer orders a product offered for sale on the LES PALETTES site constitutes full and complete acceptance of these GTC, which the Buyer acknowledges having read prior to placing their order.
The Seller reserves the right to modify the GTC at any time and without notice, it being specified that those applicable to the sale are those that the Buyer accepts when placing their order.
The General Terms and Conditions of online sale apply to the exclusion of all other conditions.
The General Terms and Conditions are accessible at any time on the Site and will prevail, where applicable, over all other general or specific conditions. For any information, questions or advice relating to the order or products, the Seller's Customer Service can be contacted:
By email at: info@lespalettes.fr
By mail at the registered office address: LES PALETTES, 15 rue de la Paix 74000 ANNECY.
Article 3. Product ordering on the site
1. Customer identification
To place an order, the Buyer must identify themselves by indicating information relating to their account: their email address and password. When placing their first order, the Buyer must create a customer account and fill out the form provided for this purpose, indicating the information necessary for delivery, delivery method and billing.
2. Order registration and validation
The ordering process on the Site is as follows:
The Buyer selects the Product(s) of their choice by adding their selection to their cart by clicking on "Add to cart";
At any time, the Buyer can validate their order by clicking on "Validate my order";
The Buyer identifies themselves and fills in the information necessary for their order;
They choose the payment method for their order;
They verify the details of their order and its total price – they can modify it;
They read and expressly accept the General Terms and Conditions;
They then validate their order and proceed with payment;
The electronic sales contract is then validly and definitively concluded;
After validation and payment of the order, the Seller will send the Buyer an electronic confirmation of the order (summarizing the terms and conditions) and its processing. The invoice corresponding to the order placed will also be available in the Customer's personal space on the Site.
3. Product unavailability
In the event of unavailability of one or more products, after the order has been placed, the Buyer will be informed of the consequences on their order no later than at the time of delivery. Only delivered products will be invoiced.
4. Order cancellation
LES PALETTES reserves the right to cancel any orders for legitimate reasons in accordance with the provisions of article L121-11 of the Consumer Code, including:
orders from professionals
orders of an abnormal nature (such as those exceeding 4 products of the same reference)
abnormally repeated orders
cases where information provided by the Buyer would be incomplete or inaccurate
in case of non-payment or partial payment of amounts due by the Buyer
The Buyer may cancel their order by exercising their right of withdrawal under the conditions provided in article "7.1. RIGHT OF WITHDRAWAL".
Article 4. Price and payment terms
1. Price
The prices of the Products are those appearing on the LES PALETTES site when the Buyer's order is registered. They are indicated in Euros and include all French taxes in force on the day of the order, excluding participation in transport and delivery costs which are charged additionally. Shipping costs will be charged in addition to the price of purchased products according to the order form and will be indicated before the order is registered by the Buyer.
2. Delivery and customs fees
Shipping costs will be charged in addition to the Price of purchased products according to the order form and will be indicated before the order is registered by the Buyer.
Shipping costs are determined on a flat-rate basis in relation to the value of ordered products and vary according to the different countries to which orders can be delivered, except in cases of atypical products or orders, which will be subject to different shipping costs, of which the Buyer will be advised at the time of placing their order.
Any customs fees remain the responsibility of the Buyer. When finalizing the order, any customs fees, the amount of which varies depending on the delivery country, will be added to the Product Price and the Buyer will have nothing to pay upon receipt of the product.
3. Price payment terms
Payment for orders can be made by Bank Card belonging to CB, Visa, and Mastercard networks. Payment by bank check is not accepted.
In accordance with article L132-2 of the Monetary and Financial Code, the commitment to pay given by means of a bank card is irrevocable. By communicating information relating to their bank card, the Buyer authorizes the debit of their bank card. The Buyer must transmit their card number, its expiration date as well as the cryptogram number (3-digit number appearing on the back of the bank card). The debit will take place no later than 5 days from the order date. The Seller retains full and complete ownership of the sold products until perfect collection of the price, including principal, fees and taxes.
Bank card payment is made online via the secure Stripe system. When making a purchase, the customer is directed to a Stripe payment page that is fully secured using the HTTPS protocol. The payment process is therefore carried out directly on the secure Stripe server. Sensitive data, such as the customer's bank card number and expiration date, are fully encrypted and protected using a TLS protocol to prevent exchanged information from being intercepted in clear text by a third party during the transaction. Card numbers are instantly encrypted and are not accessible by PayPlug merchants. Furthermore, Stripe does not retain card numbers and relies on a secure infrastructure that complies with the international PCI-DSS standard. All Stripe website pages, as well as transmission links are secured with TLS.
The secure payment tool is based on Buyer authentication and confidentiality of all data.
In the context of combating internet fraud, information relating to your order may be transmitted to any competent authority for verification. LES PALETTES reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in case of non-payment of any amount that would be due by the Buyer or in case of payment incident.
Payment in 3 or 4 installments WITH FEES: Payment of your order in 3 or 4 installments by bank card with Alma. Subject to acceptance by Alma. You will find the general terms of use here: https://almapay.com/fr-FR/legal/conditions-generales-du-paiement-avec-alma
Article 5. Electronic signature and proof
1. Electronic signature
Final validation of the order will constitute signature and acceptance of operations carried out on the Site and will constitute proof of said order.
2. Proof
Computerized records, kept in LES PALETTES computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence. In general, it is expressly agreed between LES PALETTES and the Buyer that electronic mail will constitute evidence between the parties, as will automatic recording systems used on the site, particularly regarding the content and date of the order.
Article 6. Transport and delivery
1. Transport - Shipping costs
Shipping costs are borne by the Buyer and depend on the delivery location and weight of the Products sent. They will be specified to the Buyer when confirming the order. Delivery times and rates for any order placed on the Site and delivered in France are those currently in force with the Colissimo carrier and are subject to change.
2. Delivery: terms, deadlines and order verification upon receipt
Products can only be delivered to Metropolitan France, Corsica and Monaco (excluding other European Union countries, DOM TOM and Andorra). The Buyer may choose, when ordering, from the proposed delivery methods, the one that suits them. The delivery time for products will depend on the option chosen by the Buyer when placing the order. In any case, except for stock shortage or in case of Force Majeure, transport and/or postal service strikes, products will be delivered to the buyer no later than 5 days following order confirmation, Monday to Saturday morning, except public holidays.
The order is delivered to the Buyer at the delivery address indicated on the order form. In case of absence during delivery, a delivery notice is left for the buyer so they can collect their package at the nearest post office. Packages are kept pending at the Post Office for 15 calendar days. In case of non-collection within the deadlines set by the carrier, products will be returned to the Seller.
The delivery times indicated above are indicative. Under no circumstances can they be used against the Seller. LES PALETTES declines all responsibility in case of delivery delay attributable to postal services or carriers. Delivery is deemed completed upon handover of the package to postal services.
The Buyer must immediately verify the condition of the package in order to issue reservations directly with the carrier when the package is delivered. No subsequent complaint about the condition of the package can be made to LES PALETTES Customer Service. The Buyer must then verify the conformity of the delivery to their order and inform LES PALETTES Customer Service within 3 days of receipt of any anomaly or non-conformity.
Article 7. Cancellation and returns
1. Cancellation under the right of withdrawal
The Buyer has a period of fourteen (14) clear days from receipt of the order to exercise their right of withdrawal in accordance with article L. 121-21 of the Consumer Code by asking the Seller to cancel their order, without having to justify reasons or pay penalties. When this deadline expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
To exercise this right, the Buyer must, before the expiration of the withdrawal period, inform LES PALETTES Customer Service of their wish in an unambiguous declaration by means of an electronic mail addressed to the Seller's Customer Service and including the following information: name, postal address, telephone number, order number and electronic address.
2. Returns
The Products concerned, in the intact original box, must be returned within fourteen (14) clear days from exercising the right of withdrawal by registered mail, or by any other means giving a certain date as well as a copy of the invoice to the following address: LES PALETTES, 8 rue Guillaume Fichet – 74000 ANNECY.
Returned Products that have been opened, damaged, used or incomplete will not be refunded, taken back or exchanged. Return costs and risks under the right of withdrawal are borne by the Buyer (except for a Product defective upon reception, or an error when sending the Product).
3. Refund
For any accepted return, LES PALETTES undertakes to refund the Buyer the price of returned Products within fourteen (14) days after receipt of returned products and qualitative and quantitative verification carried out by the Seller. In application of the provisions of article L121-21-4 of the Consumer Code, only standard delivery costs will be refundable (amounts corresponding to express or special shipments will not be covered).
The refund will be made via the bank card used to pay for the returned order. Thus, as long as the bank card is still valid, the refund will be made to the account attached to this card. Return costs remain the responsibility of the Buyer: packages sent postage due or cash on delivery will not be accepted. Non-accepted products will be returned postage due to the Buyer.
Article 8. Warranties and responsibilities
1. Conformity warranties and hidden defect warranties
All Products for sale on the Site benefit from the legal warranty of conformity provided for in articles L. 211-5 et seq. of the Consumer Code as well as the warranty against hidden defects provided for by articles L 217-4 et seq. of the Consumer Code and 1641 et seq. of the Civil Code, allowing the buyer to return delivered Products that are non-conforming or defective.
In accordance with the provisions of articles L. 111-1 and L. 121-17 of the Consumer Code, the relevant provisions of the Consumer Code and Civil Code are fully reproduced below:
Article L. 211-4 of the Consumer Code: "The seller is required to deliver goods conforming to the contract and is liable for conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions or installation when this has been charged to them by the contract or was carried out under their responsibility."
Article L. 211-5 of the Consumer Code: "To be conforming to the contract, the good must: 1°. Be suitable for the use habitually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that they presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect given public declarations made by the seller, producer or their representative, particularly in advertising or labeling; 2°. Or present characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and which the latter accepted."
Article L. 211-12 of the Consumer Code: "The action resulting from lack of conformity is prescribed after two years from delivery of the good."
Article 1641 of the Civil Code: "The seller is liable for warranty due to hidden defects of the sold item that make it unsuitable for the use for which it is intended, or that diminish this use so much that the buyer would not have acquired it, or would have given only a lesser price, if they had known about them."
Article 1648 al 1st of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from discovery of the defect."
When acting under legal warranty of conformity, the Buyer:
benefits from a two-year period from delivery of the good to act,
may choose between repair or replacement of the good, subject to cost conditions provided by article L217-9 of the Consumer Code,
is exempt from providing proof of the existence of the good's conformity defect during the twenty-four months following delivery of the good.
When the Buyer decides to implement the legal warranty against hidden defects within the meaning of articles 1641 et seq. of the Civil Code, they may request resolution of the sale and have the price restituted.
For any complaint, the Buyer may contact LES PALETTES Customer Service.
2. Liability limits
LES PALETTES' liability cannot be engaged in the case where non-performance of its obligations would be attributable to: either the Buyer (in case of misuse, negligence or lack of maintenance by the Buyer, as in case of normal wear of the good), or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure in accordance with article L. 121-19-4 of the Consumer Code, or to use of the Internet network, particularly a service interruption, external intrusion or presence of computer viruses.
In the event that LES PALETTES' liability should nevertheless be retained due to damage suffered by the Buyer following non-performance or poor performance of its services, this will be limited to the amount of the order paid by the Buyer to LES PALETTES.
Article 9. Personal data protection "data processing and freedoms"
The Site user's personal data is collected by the Seller for the needs of proper management of orders, deliveries and invoices, and in compliance with the provisions of the Data Processing and Freedoms Law n°78-17 of January 6, 1978 as well as applicable community provisions in this matter.
The Buyer may oppose such communication and has a right of access, modification, rectification and deletion of data concerning them by addressing an email to the following address info@lespalettes.fr or by simple mail to the address of LES PALETTES' registered office.
Under no circumstances will this information be transmitted to partner companies, except with prior written agreement from the Buyer. By placing an order on the Site, the Buyer simultaneously accepts to receive communications from LES PALETTES (newsletter, special offers, mail).
In case the Buyer would not or no longer wish to receive communications from LES PALETTES, they may inform them in writing at any time by email or mail to the addresses mentioned above.
Article 10. Intellectual and industrial property
All elements of the Site are protected by copyright, trademarks or patents. The Site and all elements accessible on the Site are the exclusive property of the Seller. It is prohibited to distribute, modify, transmit or reproduce the site, in whole or in part, in any form whatsoever. The insertion of hyperlinks to all or part of the Site is prohibited without prior written agreement from LES PALETTES.
Article 11. General provisions
1. Partial invalidity
If one or more stipulations of these General Terms and Conditions are held invalid or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
2. Non-waiver
The fact that one of the parties does not take advantage of a breach of any of the obligations referred to within the General Terms and Conditions of Sale cannot be interpreted as a waiver of the obligation concerned and to take advantage of this breach subsequently.
Article 12. Applicable law and jurisdictional competence
These General Terms and Conditions of Sale are subject to French Law. In case of dispute, the Buyer must first contact LES PALETTES Customer Service in writing in order to attempt to find a solution to the disagreement. Failing amicable agreement, any dispute arising within the framework of these terms will be under the exclusive competence of the Courts of Annecy, even in case of warranty recourse or plurality of defendants.