General Terms and Conditions of Sale
1. Definitions
These General Terms and Conditions of Sale (hereinafter "GTC") are offered by the company LARA LAKMANE GESTIONS SLU (hereinafter the "Company"), a Spanish SLU registered under SIREN number 823144605, represented by Mr. Christophe ARNAUD, whose registered office is located at CARRE NORD NUM 7, PLANTA 1 PTA 1 - 17700 LA JONQUERA (GIRONA) - SPAIN.
Its non-premium-rate telephone numbers are:
Phone number: Tel. (France): +33 (0) 666 111 481 - Tel. (Spain): +34 972 505 421, and its email address is [email protected].
Intra-community VAT number ESB55196257
The Company is the owner and publisher of the website accessauto4x4.com (hereinafter "the Site"). The Site is hosted by OVH SAS 2 rue Kellermann - 59100 Roubaix - France
The Site offers the Customer (hereinafter the "Customer") the possibility of purchasing automotive accessories for 4x4, SUV, utility vehicles, and passenger cars (hereinafter the "Products/Services").
Before using the Site, the Customer must ensure that they have the technical and IT means enabling them to use the Site and to order the Services and Products on the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the IT configuration of their hardware/equipment is in good working order and does not contain any viruses.
2. Application and Enforceability of the GTC
These GTC are intended to define all the conditions under which the Company markets the Products and/or Services as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter "Order") for Products and/or Services placed on the Site by the Customer.
The Customer declares that they have read and accepted these GTC prior to placing their Order.
Validation of the Order therefore constitutes acceptance of these GTC. They are regularly updated; the applicable GTC are those in force on the Site at the date the Order is placed.
Any contrary condition imposed by the Customer shall therefore be, in the absence of express acceptance, unenforceable against the Company regardless of when it may have been brought to the Company's attention.
The fact that the Company does not invoke any provision of these GTC at any given time shall not be interpreted as a waiver of the right to invoke any provision of said GTC at a later date.
3. Ordering Products/Services 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 and/or Services offered for sale are described and presented with the greatest possible accuracy. However, a minor variation in the color of the product(s) does not engage the Company's liability and does not affect the validity of the sale.
The Customer selects the Product(s) and/or Service(s) they wish to purchase, and may access the order summary at any time.
The Order summary presents the list of Product(s) and/or Service(s) selected by the Customer, and includes any additional charges such as delivery costs to be added to the price of the Product(s) and/or Service(s) in the Order. The Customer has the ability to modify their Order and correct any errors before proceeding to accept their Order.
After accessing the Order summary, the Customer confirms acceptance of their Order by checking the GTC validation box, then by clicking on the Order validation icon. The statement "Order with payment obligation" or a similarly unambiguous phrase appears next to the Order validation icon to ensure the Customer explicitly acknowledges their payment obligation 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 validating their Order and in order to proceed to payment, the Customer enters the contact details to which they wish to receive delivery of the product(s) and receipt of the service(s), and billing details if different. The delivery process for the product(s) and receipt of the service(s) is described in Article 5 of these GTC.
The Company then sends the Customer an Order confirmation by email, including the elements of the Order summary and the delivery and, where applicable, billing addresses provided.
After validating their delivery and, where applicable, billing details, the Customer proceeds to pay for their Order according to the terms specified below.
4. Pricing and Payment Terms
Prices are listed on the Site in the Product and/or Service descriptions, in euros, both excluding tax and including all taxes.
The total amount is indicated in the Order summary before the Customer accepts these GTC, validates their Order, enters and validates their delivery and, where applicable, billing details, and proceeds to payment. This total amount is indicated including all taxes.
Payment for Orders of Products and/or Services on the Site is due in euros. Full payment must be made on the day of the Order by the Customer, by credit card unless special sales conditions have been expressly accepted by the Customer and the Company.
In the case of payment by credit card, the Site uses the security systems of Payplug, Mollie, Paypal, and Oney, providers specializing in online payment security. These systems guarantee the Customer complete confidentiality of their banking information. The credit card bank transaction carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's banking details are not stored electronically by the Company.
The general terms of use for the PAYPLUG solution are available at: https://content.payplug.com/hubfs/CGV/Conditions-Generales-de-Vente-PayPlug.pdf
The general terms of use for the MOLLIE solution are available at: https://www.mollie.com/fr/user-agreement
The general terms of use for the PAYPAL solution are available at: https://www.paypalobjects.com/marketing/ua/pdf/FR/fr/ua-103122.pdf
The general terms of use for the ONEY solution are available at: https://souscription.oney.fr/site/ressources/pages-orphelines/oney-plus/pdf/ConditionsGeneralesUtilisationServiceConnexionComptes.pdf
The Customer guarantees to the Company that they have the necessary authorizations to use the payment method at the time of placing the Order.
The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud related to the use of the Site and payment for an Order.
Oney 3/4x - GTC
Pay for your order in 3 or 4 installments by credit card for purchases from €100 up to €3,000 with Oney Bank. Our partner Oney Bank offers a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3,000 in 3 or 4 installments with your credit card. Conditions: This offer is reserved for private individuals (adult natural persons) residing in France and holding a Visa or MasterCard credit card with a validity date exceeding the duration of the chosen financing. Systematically authorized cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards, and American Express cards are not accepted. Subscription procedure: After completing your order, simply click the "3x 4x Oney credit card payment button". You will then be redirected to our partner's 3x 4x Oney web page displaying a detailed summary of your order and a personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you log in using the credentials linked to your 3x 4x Oney account. You review the general installment payment conditions to which you wish to subscribe, which are provided in PDF format so that you can read, print, and save them before accepting them. You then confirm your electronic acceptance by checking the corresponding box. You acknowledge that the "double click" associated with the checkbox confirming receipt of the general terms and conditions constitutes consent to contract and represents an irrevocable and unconditional acceptance of the product's general terms and conditions. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it to study your application for the granting, management, and recovery of credit. Oney Bank reserves the right to accept or refuse your 3x 4x Oney financing application. You have a 14-day withdrawal period to cancel your credit. How it works: Payment in 3 or 4 installments by credit card allows you to settle the order placed on our online store as follows: A mandatory down payment, debited on the day your order shipment is confirmed; two or three monthly installments, each corresponding to one-third or one-quarter of the order, debited 30 and 60 days later for 3-installment payments and 30, 60, and 90 days later for 4-installment payments, which include fees corresponding to 1.67% of the total order amount for 3 installments and 2.50% for 4 installments (up to a maximum of €30 for a 3-installment payment and €60 for a 4-installment payment). • Payment in 3 installments for purchases from €100 to €3,000. Example: For a purchase of €150, a down payment of €52.51 followed by 2 monthly installments of €50. 2-month credit at a fixed APR of 22.59%. Financing cost: €2.51, up to a maximum of €30. • Payment in 4 installments for purchases from €100 to €3,000. Example in 4 installments for a purchase of €400, down payment of €110, then 3 monthly installments of €100. 3-month credit at a fixed APR of 22.63%. Financing cost €10, up to a maximum of €60. Special conditions for one-time promotional offers: For 0% interest 3-installment payment: the financing cost is 0% of the total order amount. Example for a purchase of €150, down payment of €50, then 2 monthly installments of €50. 2-month credit at a fixed APR of 0%. Financing cost: €0. For 0% interest 4-installment payment: the financing cost is 0% of the total order amount. Example for a purchase of €400, down payment of €100, followed by 3 monthly installments of €100. 3-month credit at a fixed APR of 0%. Financing cost: €0. Oney Bank - SA with share capital of €71,801,205 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias no.: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille CEDEX 9
Financing offer without insurance with mandatory down payment, reserved for private individuals and valid for any purchase from €100 to €3,000. Subject to acceptance by Oney Bank. You have a 14-day period to cancel your credit. Example in 3 installments for a purchase of €150, down payment of €52.51, then 2 monthly installments of €50. 2-month credit at a fixed APR of 22.59%. Financing cost €2.51, up to a maximum of €30. Example in 4 installments for a purchase of €400, down payment of €110, then 3 monthly installments of €100. 3-month credit at a fixed APR of 22.63%. Financing cost €10, up to a maximum of €60. Conditions as of 11/13/2024 subject to revision. For more information visit oney.fr. Oney Bank - SA with share capital of €71,801,205 - 34 Avenue de Flandre 59 170 Croix - 546 380 197 RCS Lille Métropole - Orias no. 07 023 261 www.orias.fr
5. Use of Services / Delivery
The product(s) offered on the Site may be delivered to mainland France, French overseas departments and territories, Switzerland, Europe, and a large part of the world. The service(s) is (are) automatically delivered to the Customer upon validation of their Order.
The Company undertakes to deliver the product(s) within a period not exceeding 30 days from the Order date. The Customer must ensure that the information provided when placing their Order is correct.
The Customer is notified by email when their Order is ready for shipment. The ordered product(s) is (are) delivered to the delivery address indicated by the Customer at the time of their Order under the conditions specified in Article 3 of these GTC.
The Customer must ensure that the information provided is correct and remains so until complete delivery of the ordered product(s). 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, without delay, an email to the customer service email address. Failing this, in the event of delay and/or delivery error, the Customer will under no circumstances be able to hold the Company liable for non-delivery, and the Company's customer service will contact the Customer for a second delivery at the Customer's expense.
The Company shall also not be held liable if non-receipt of the Products and/or Services is due to a third party outside its intervention or in the event of theft.
In the event the Order is returned due to the Customer's absence, the Company's customer service will contact the Customer for a second delivery at the Customer's expense.
The Customer may track the delivery of their Order by contacting customer service, whose number appears in Article 6 of these GTC.
6. Customer Service
For any requests for information, clarification, or any complaint, the Customer must contact the Company's customer service first, to allow them to attempt to find a solution to the problem.
The Company's customer service is accessible from 10 AM to 7 PM Monday through Friday and Saturday from 10 AM to 5 PM (closed Sunday) using the following contact details:
- Tel. (France): +33 (0) 666 111 481 - Tel. (Spain): +34 972 505 421
- Email address: [email protected]
- Postal address:
- LARA LAMKANE GESTIONS SLU
- CARRE NORD NUM 7, PLANTA 1 PTA 1
- 17700 LA JONQUERA (GIRONA)
- SPAIN
7. Legal and Commercial Warranties
All products offered by the Company are subject to the legal warranty of conformity provided 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 in Articles 1641 and 1648, first paragraph, of the Civil Code:
A non-conforming product will be replaced or repaired according to the cost procedures provided for by the Consumer Code.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
Thus the Customer:
(i) benefits from a period of two (2) years from the date of delivery of the product to act on a lack of conformity of the Product;
(ii) is exempt from providing proof of the existence of the lack of conformity of the item during the ten (10) 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 may also invoke the legal warranty against hidden defects of the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal warranty against hidden defects allows the Customer, within a period of two years from the discovery of the defect, to obtain a refund for a Product that has proven unfit for its intended use.
The warranty against hidden defects protects the Customer against hidden defects in the purchased product that prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has a choice between two options: keep the product and request a price reduction, or return the product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.
The following legal provisions are recalled:
Art. L217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been made their responsibility under the contract or has been carried out under their responsibility."
Art. L217-5 of the Consumer Code: "The goods conform to the contract: 1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable: (a) if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; (b) if they have the qualities that a buyer may legitimately expect having regard to public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling; 2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention, and accepted by the seller."
Art. L217-7 of the Consumer Code: "Lack of conformity that becomes apparent within twenty-four months from delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For secondhand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed."
Art. L217-8 of the Consumer Code: "The buyer is entitled to demand conformity of the goods to the contract. However, the buyer may not contest conformity by invoking a defect they knew of or could not have been unaware of when contracting. The same applies when the defect originates from materials they supplied themselves."
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 that choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer."
Art. L217-10 of the Consumer Code: "If repair and replacement of the goods are both impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded. The same option is available: 1° If the solution requested, proposed, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience to the buyer, taking into account the nature of the goods and the intended use. However, rescission of the sale may not be ordered 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 shall take place at no cost to the buyer. These same provisions do not preclude the awarding of damages."
Art. L217-12 of the Consumer Code: "The action resulting from a lack of conformity is time-barred after two years from the date of 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 redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or non-contractual action recognized by law."
Art. 1641 of the Civil Code: "The seller is bound by the warranty on account of the hidden defects of the item sold that render it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defects."
Art. 1642 of the Civil Code: "The seller is not liable for apparent defects of which the buyer was able to satisfy themselves."
Art. 1643 of the Civil Code: "The seller is liable for hidden defects, even if they were unaware of them, unless in that case they stipulated that they would not be obligated to provide any warranty."
Art. 1644 of the Civil Code: "In the cases of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded."
Art. 1646 of the Civil Code: "If the seller was unaware of the defects of the item, they shall only be required to refund the price and to reimburse the purchaser for the costs incurred by the sale."
Art. 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. (…)"
If a Customer believes they have received a product they consider defective or non-conforming, they must contact the Company as soon as possible from the time of receipt of the Order, at the following email address: [email protected], or by registered mail with acknowledgment of receipt to the following address:
- LARA LAMKANE GESTIONS SLU
- CARRE NORD NUM 7, PLANTA 1 PTA 1
- 17700 LA JONQUERA (GIRONA)
- SPAIN
, specifying the defect or non-conformity in question.
It will be the Customer's responsibility to provide all documentation regarding the identification of apparent defects and/or anomalies observed. The Customer must allow the Company full facility to proceed with the identification of these defects or non-conformities and to remedy them where applicable. The Customer shall refrain from intervening themselves or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the Company, the Company will then send the Customer instructions on how to proceed after reviewing the complaint thus submitted and, where applicable, will proceed with the replacement of the product for which the Company has identified a lack of conformity or defect.
In the event that exchange of the product is impossible, the Company shall be required to refund the Customer within fourteen days of receipt of the product. The refund will be made, at the Company's proposal, as a credit to the Customer's bank account, with the Customer having the option to choose a different refund method than the one proposed.
8. Customer Obligations
The Customer undertakes to comply with the terms of these GTC.
The Customer undertakes to use the Site and services in accordance with the Company's instructions.
The Customer agrees to use the Site only for their personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:
- Using the Site in any illegal manner, for any illegal purpose, or in any manner incompatible with these GTC;
- Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content appearing on the Site, or decompiling, reverse engineering, disassembling, modifying, displaying in human-readable form, attempting to discover any source code, or using any software activating or incorporating all or part of the Site;
- Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- Using the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
- Infringing the Company's intellectual property rights and/or reselling or attempting to resell products to third parties;
- Disparaging the Site and/or 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 is not complying with these GTC, the Company may at any time, and at its sole discretion, remove the Customer's access to the Site and take any measures including any civil and criminal legal action against them.
9. Right of Withdrawal
In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from validation of their Order on the Site to exercise their right of withdrawal with the Company, without having to provide reasons or pay any 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 may not be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's prior express agreement and express waiver of their right of withdrawal;
2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° For the supply of goods made to the consumer's specifications or clearly personalized;
4° For the supply of goods liable to deteriorate or expire rapidly;
5° For 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° For the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° For maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the emergency;
9° For the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
10° For the supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications;
11° Concluded at a public auction;
12° For the provision of accommodation services other than residential accommodation, goods transport services, car rental, catering, or leisure activities that must be provided on a specific date or during a specific period;
13° For the supply of digital content not provided on a tangible medium whose performance began after the consumer's prior express agreement and express waiver of their right of withdrawal.
To exercise their right of withdrawal from the Order, the Customer must notify their withdrawal decision using the withdrawal form provided in the annex hereto or by means of an unambiguous statement, without providing reasons. The Customer may communicate their withdrawal decision to the Company by any means, in particular by sending it by post to the Company at the following address:
- LARA LAMKANE GESTIONS SLU
- CARRE NORD NUM 7, PLANTA 1 PTA 1
- 17700 LA JONQUERA (GIRONA)
- SPAIN
or by email to [email protected]
Upon notification by the Customer to the Company of their withdrawal decision, regardless of the means used, the Company will promptly send the Customer 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 in which they received them, along with all packaging elements, accessories, and instructions (even if the product(s) has/have been unpackaged), as soon as possible and no later than 14 days from notification of the withdrawal decision under this contract, to the following address:
- LARA LAMKANE GESTIONS SLU
- CARRE NORD NUM 7, PLANTA 1 PTA 1
- 17700 LA JONQUERA (GIRONA)
- SPAIN
In accordance with the law, the Customer bears the cost of returning the product(s).
In the event of the Customer's withdrawal, the refund of the Product(s) and/or Service(s) that have been subject to the right of withdrawal is carried out by the Company using the same payment method as that used for the initial transaction, unless the Customer expressly agrees to a different method. In any case, this refund will not incur any costs for the Customer. The refund is made as soon as possible and no later than 14 days from the day the Company is informed of the Customer's decision to withdraw from their Order.
In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that their liability to the Company is limited to depreciation of the product(s) returned following the exercise of their right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these goods. In the event the Services are used within the withdrawal period, the Customer is deemed to have expressly waived their right of withdrawal.
10. Liability
The Company implements all measures designed to ensure the Customer is provided, under optimal conditions, with quality product(s)/quality service(s). However, under no circumstances shall the Company's liability be engaged for any non-performance or improper performance of all or part of the services provided for in the contract, that would be attributable either to the Customer, to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. More generally, if the Company's liability were to be engaged, it could under no circumstances agree to compensate the Customer for indirect damages or damages whose existence and/or extent have not been established by evidence.
The Company shall not be held liable for damage caused by misuse of one of its Products/Services or by failure to observe the usage precautions and hygiene, storage, and safety conditions when using one of its Products/Services.
The Site may contain links to other sites not published or controlled by the Company, which shall not be held responsible for the operation, content, or any element present on or obtained through these sites.
The establishment of such links or reference to any information, articles, or services provided by a third party cannot and must not be interpreted as express or implied endorsement by the Company of these sites and their elements or their content.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s)/service(s), or other information disseminated on these websites.
It is expressly stipulated that the Company shall under no circumstances be held liable, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging rejects, for example due to an anti-spam filter, the electronic messages sent by the Company, including, without limitation, the payment receipt copy, the Order summary, or the shipment tracking email.
The Customer is fully aware of the provisions of this article and in particular the warranties and limitations of liability mentioned above, which are essential conditions without which the Company would never have entered into the contract.
11. Security
The Customer undertakes not to compromise the security of the Site. To this end, they undertake not to engage in any fraudulent access to and/or presence within the Company's information system. The Customer may also not damage or obstruct the Company's information system. Failing this, the Company may take any measures against the Customer and in particular engage their criminal liability under Articles 323-1 et seq. of the Penal Code.
12. Intellectual Property and Personal Data
All elements of this Site and the Site itself are protected by copyright, trademark law, design rights, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All such rights are reserved worldwide.
The name and trademark, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Company.
No title or right whatsoever in any element or software shall be obtained by downloading or copying elements from this Site. The Customer is strictly prohibited from reproducing (except for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the elements and software it contains, nor modifying them or performing any work based on them, nor selling or participating in any sale in connection with this Site, the elements of this Site, or any related software.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may under no circumstances be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
Any use by the Customer of the trade names, trademarks, and distinctive signs belonging to the Company is strictly prohibited unless prior express consent from the Company has been obtained.
The Company understands that data protection and privacy is an issue for all internet users visiting the Site. The Company undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, i.e., data likely to identify you directly or indirectly as a person.
In the context of the order, the Company intends to collect personal data from the Customer. The Company undertakes to protect customers' personal data.
Files containing personal data necessary for the order are notably stored on the servers of the Site's hosting provider. This provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The Company does not share or sell customers' personal data.
At the point of ordering on the Site, the Customer expressly consents to the collection and processing of their personal data necessary to carry out orders.
The personal data collected by the Company is intended to enable order fulfillment. The various personal data will not be retained longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as the "Data Protection Act" ("Informatique et Libertés"), and the General Data Protection Regulation (GDPR), subject to verifying your identity, any Customer, regardless of their nationality, has the right of access, modification, and deletion of their personal data. Each Customer is also entitled to request a restriction of the processing of their data and also has the right to data portability as well as the right to object to the processing of personal data concerning them.
For the purposes of implementing this clause and, in particular, ensuring the confidential processing of Customers' data, the Company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: [email protected]
In any case, any Customer has the right to file a complaint with the CNIL (French Data Protection Authority).
13. Newsletter
By checking the box provided for this purpose or by expressly giving their agreement to this end, the Customer accepts that the Company may send them, at a frequency and in a form determined by the Company, a newsletter containing information relating to its activities.
When the Customer checks the box provided for this purpose during the registration process on the Site to place the Order, they agree to receive commercial offers from the Company for products/services similar to those ordered.
Customers will have the ability to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
14. Telephone Sales Opt-Out Registry
The Customer has the option to register free of charge on the BLOCTEL telephone sales opt-out registry (www.bloctel.gouv.fr) in order to no longer be solicited by telephone by a trader with whom they have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumer affairs. Any consumer has the option to register free of charge on this list at https://conso.bloctel.fr/index.php/inscription.php.
15. Applicable Law and Jurisdiction
These GTC are governed by and interpreted in accordance with Spanish law, without regard to conflict of law principles.
In the event of a dispute that may arise in connection with the interpretation and/or performance of these GTC or in relation to these GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
It is further noted that mediation is not mandatory but is only offered in order to resolve disputes while avoiding recourse to the courts.
The Customer may also visit the European consumer dispute resolution platform set up by the European Commission at the following address, which lists all approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.
In the event of failure of this mediation procedure or if the Customer wishes to refer the matter to a court, the rules of the Code of Civil Procedure will apply.
Annex 1
WITHDRAWAL FORM
[Company name]
[Registered office address]
[Email address]
[Phone number]
I hereby notify you of my withdrawal from the contract for the sale of the following product(s)/service(s):
Ordered on:
Received on:
Order number:
Customer name:
Customer address:
Date:
Customer signature: