Article 1 Designation of the Seller
The website www.distance-store.com (the "Website") is published by the company DISTANCE, a limited liability company with share capital of 10,000 euros, having its registered office at 13 rue Cavenne in LYON 69007, whose unique identification number is 831 243 910 RCS LYON, email: firstname.lastname@example.org .
Article 2 - General provisions
The general conditions of sale (the "GTC") are applicable exclusively to the online sale of ready-to-wear products and related products and accessories of the company DISTANCE (the "Seller") on the Website whose access is open and free.
2.2. Application domain
The GCS govern the online sales contracts of the Seller's products to buyers who are Consumers, understood as natural persons acting for personal purposes (the "Consumers") and constitute with the online order the paper writings and/or electronic documents formalizing the distance selling contract between the parties, to the exclusion of all other documents.
The T&Cs are exclusively applicable to products delivered to Consumers established in France and/or in a member country of the European Union.
2.3. Availability and mandatory nature
The GCS are made available to Consumers on the Website for free consultation and as part of the order.
The GTC bind the Consumer who acknowledges, by ticking the box provided for this purpose when ordering as specified in Article 6 below, to have been aware of them and to have accepted them before placing an order.
The validation of the order by its confirmation implies acceptance of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the Seller in accordance with article 1127-2 of the Civil Code.
Article 3 - Products
The products offered for sale on the Website are subject to a description. The photographs do not form part of the offer provided that they are not misleading. The offer to sell is made subject in particular to article 6.3.
3.2. Stock availability
The products are delivered within the limits of available stocks. In the event of unavailability, the Seller informs the Consumer and may offer him a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any next order.
In the event of disagreement, the Seller shall refund the sums paid within fourteen (14) days. The Seller is not liable for any cancellation compensation.
Article 4 - Price
4.1. Selling price
The sale price is that in force on the day of the order.
In accordance with Article L. 112-1 of the Consumer Code, the selling prices are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and charged extra.
The total amount owed by the Consumer is indicated on the order confirmation page of the Website (See article 6 below).
The additional costs of delivery or postage (to which must be added any other costs borne by the Seller), which the customer was able to take note of before placing the order, are fixed on the order form.
Article 5 - Offer
5.1. Spatial scope of the online sales offer
The online sales offers presented on the Website are reserved for Consumers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the Website are valid, in the absence of indication of a particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.
The acceptance of the offer by the Consumer is validated, in accordance with the double-click process, by the confirmation of the order, as follows.
Article 6 - Order with PAYMENT OBLIGATION
6.1. Contract conclusion steps
To place an order, the Consumer must create an account.
The Consumer fills the virtual basket by indicating the selected products and the desired quantities, then clicks on the "order" button on the icon materializing the virtual basket. Then, the Consumer connects or creates his account.
Before clicking again on the “order” button, the Consumer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order.
He chooses the terms and cost of delivery.
The confirmation of the order then implies at the time of the validation of the transport the acceptance of the GCS by ticking the box provided for this purpose thus forming the contract, it being specified that the GCS can be consulted by clicking on the link "general conditions of sale" .
Payment is then made by credit card or via PayPal.
6.2. Order change
Any order modification by the Consumer after confirmation of his order is subject to acceptance by the Seller.
The Seller reserves the right to make changes to the ordered product that are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
6.3. Order validation - Reserve
The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are Consumers.
6.4. Order acknowledgment
The Seller acknowledges receipt of the order electronically.
Article 7- Contract
The sales contract is formed when the Consumer sends the confirmation of his order except refusal of order referred to in Article 6.3.
7.2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1366 of the civil code and article L. 213-1 of the code. consumption. These communications, purchase orders and invoices can be produced as proof of the sales contract.
The order may be canceled by the Consumer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:
a) delivery of a non-conforming product;
b) of delivery exceeding the deadline fixed in the order form or, in the absence of such a date, within thirty days following the conclusion of the contract, after the Seller has been ordered, according to the same methods and without result between time, to make the delivery within a reasonable additional time in accordance with Article L. 216-2 of the Consumer Code;
(c) a price increase which is not justified by a technical modification of the product imposed by the public authorities.
The Seller shall refund the sums paid within fourteen (14) days.
In all 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.
The order can be canceled by the Seller in the event of:
the buyer's refusal to take delivery;
non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid with the order remains with the Seller as compensation.
Article 8 - Payment
The price is due in full when ordering.
With the exception of sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in article 3-2, any sum paid in advance of the price produces interest at the legal rate at the expiry of a period of three months from the payment until the delivery of the product or, failing that, to the restitution of the sum paid with the order, in accordance with article L. 214-2 of the consumer code.
Payment is made immediately upon ordering by credit card or via PayPal.
8.2. Payment security
The Website is equipped with an online payment security system allowing the Consumer to encrypt the transmission of his bank details.
The Website indicates the accepted means of payment.
8.3. Title retention clause
The Seller remains the owner of the products until full payment of the price.
Article 9- Delivery
The Consumer may apply Article 7.3 b).
9.2. Delivery terms
Delivery is made by direct delivery of the product to the Consumer at the address indicated when placing the order online. It is up to the Consumer to check in the presence of the delivery person the condition of the product delivered and, in the event of damage or missing items, to express reservations on the delivery note or on the transport receipt, and possibly to refuse the product. and notify the Seller.
In the absence of direct delivery, the Seller sends a notice of availability to the Consumer who must collect the product ordered within fifteen (15) days of the notice. In the absence of withdrawal within this period, the Seller may, after a formal notice that has had no effect, automatically cancel the order and retain the deposit paid and the product as compensation.
9.3. Delivery and transfer of risk
The risk of loss or damage to the goods is transferred to the Consumer when he or a third party he has designated takes possession of the goods.
The product, which is delivered to the Consumer by a carrier chosen by the Seller, travels at the risk and peril of the Seller.
The product, which is delivered to the Consumer by a carrier chosen by him, travels at the risk and peril of the Consumer from the time of delivery to the carrier.
Article 10 - Legal guarantee of conformity and guarantee against hidden defects
10.1. Consumer Information
It is recalled that all the products supplied by the Seller benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee against hidden defects provided for in articles 1641 to 1649 of the civil code.
10.2. Implementation of the guarantee of conformity
In accordance with Article L. 217-4 of the Consumer Code, “the Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.
In accordance with article L. 217-5 of the consumer code “To comply with the contract, the goods must:
1o Be fit for the use usually expected of a similar item and, where applicable:
correspond to the description given by the Seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect given the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;
2o Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted.
In accordance with article L. 217-12 of the same code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
When acting as a legal guarantee of conformity, the Consumer:
has a period of two years from the delivery of the property to act;
can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;
is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
In accordance with article L. 217-16 of the same code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
10.3. Implementation of the warranty against hidden defects
In accordance with Article 1641 of the Civil Code, "The Seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired it, or would have given only a lesser price for it, if he had known them. »
In accordance with article 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. »
The Consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Independently of the commercial guarantee, the Seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of the consumer code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
Article 11 Right of withdrawal
11.1. Conditions, deadline and methods of exercise
You will have the right to withdraw, without giving any reason, within fourteen (14) days after the day on which you, or the third party you have designated to do so, took physical possession of the goods or, where applicable, the last batch or the last piece.
To exercise the right of withdrawal, you must notify us:
your name, geographic address and, where available, your telephone number and email address;
as well as your decision to withdraw by means of an unambiguous statement (mail, email).
11.2. Model withdrawal form and information notice
You can use the model withdrawal form at the bottom of the document but it is not mandatory.
An information notice is also attached at the bottom of the document.
In the event of withdrawal, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery that we offer) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw.
We would process the refund using the same payment method you would use for the original transaction. With your express agreement, another means can be used. In any event, this reimbursement would not incur any costs for you.
It is recalled that the responsibility of the customer, in the event of withdrawal after use of the goods, is engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this or these goods.
The Seller reserves the right to defer reimbursement until receipt of the goods covered by the order, or until the customer has provided proof of shipment of this (or these) goods, the date chosen being that of the first of these events.
11.4. Return – return costs
In the event of withdrawal, the customer must return or return the goods, to DISTANCE, 13 Rue Cavenne à LYON 69007, without undue delay and, in any event, no later than fourteen (14) days following the communication of the withdrawal.
The consumer bears the cost of returning the goods in the event of withdrawal.
Article 12 - Intellectual property
The Website, the elements reproduced on the Website, including the DISTANCE brand, are the exclusive property of the Seller, protected by copyright, trademark law and patent law. Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, expose the offenders to legal proceedings.
Article 13 - Processing of personal data (CNIL declaration 2170655)
The Seller collects and processes the personal data of Consumers for the following purposes: (i) operations relating to the day-to-day management of customers concerning contracts and orders, (ii) the supply of products and services on the Website, ( iii) management of returns, exercise of the right of withdrawal, (iv) management of payments, invoicing, outstanding payments and litigation.
Consumers who do not wish to provide the information necessary for the use of the services offered by the Website as well as, where applicable, necessary for the creation of a personal space, may neither use the services offered by the Seller, nor pass order on the Website.
In accordance with the Data Protection Act, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning you, the controller being Guillaume PONTIER.
If you have previously accepted it, you may receive marketing emails or SMS from the Seller from which you can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS by clicking on STOP in each SMS received. It is also specified that the customer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on the Bloctel opposition list on the bloctel.gouv.fr website.
If you do not want your contact details to be reused for commercial purposes, please inform the department responsible for processing.
13.1. USE OF PERSONAL DATA COLLECTED
The uses of your personal data are mainly the following:
Access to and use of the site;
Verification and authentication of your data;
Optimization of the layout and operation of the site;
Management of the relationship with you;
Sending commercial information and advertising messages, based on your browsing history, your preferences and areas of interest.
13.2. DURATION OF CONSERVATION OF YOUR DATA
Your personal information is kept for a period that cannot exceed 3 years, unless:
You are exercising, under the conditions set out below, one of the rights granted to you by law;
A longer retention period is authorized or imposed by virtue of a legal or regulatory provision.
13.3. PROTECTION OF YOUR DATA
Access to your personal data is strictly limited to employees and agents of DISTANCE, authorized by virtue of their functions and bound by an obligation of confidentiality. However, the data collected may possibly be communicated to subcontractors contractually responsible for the performance of the tasks necessary for the proper functioning of the Site and its services as well as the proper management of the relationship with you, without you needing to give your permission. It is specified that, within the framework of the performance of their services, the subcontractors have only limited access to your data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation in terms of protection of personal data. Apart from the cases set out above, DISTANCE undertakes not to sell, rent, assign or give access to third parties to your data without your prior consent, unless forced to do so for a legitimate reason ( legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
13.4. YOUR RIGHTS ON YOUR DATA
In accordance with the applicable legal and regulatory provisions, in particular law n ° 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European regulation n ° 2016/679 / EU of April 27, 2016 (applicable as of May 25, 2018), you have the following rights:
Exercise your right of access, to know the personal data that concerns you;
Request the update of your data, if these are inaccurate;
Request the portability or deletion of your data;
Request the limitation of the processing of your data;
You object, for legitimate reasons, to the processing of your data;
You oppose or withdraw your consent to the use, by our services, of your contact details for sending our promotions and solicitations via e-mails, SMS messages, telephone calls and postal mail.
This right remains valid whether the information concerning you has been transmitted to us directly by you or by third-party partners to whom you have communicated it (in this case, it will be necessary to click on the unsubscribe links provided in our SMS or emails or contact us in conditions below).
These different rights can be exercised directly by email to the following address: email@example.com
For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. The receipt will be destroyed once the request has been processed.
When consulting the Site, Cookies are placed on your computer, mobile or tablet.
A Cookie is information placed on your browsing device by the server of the Site visited. Certain parts of the Site may therefore not be functional without the acceptance of cookies by the user.
The information collected through this will only be used to monitor the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we provide to you.
This information will not, unless you agree, be kept for more than 13 months.
You have the option of disabling Cookies from your browser settings.
Article 14 - Mediation
14.1. Prior complaint
In the event of a dispute, you must first contact customer service.
14. 2. Request for mediation
In the event of failure of the complaint request or in the absence of a response within two months, the Consumer may submit the dispute relating to the order form or these GCS to a mediator who will attempt, in complete independence and impartiality , to bring the parties together with a view to reaching an amicable solution.
The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The Consumer may in particular contact the Interprofessional Center for Mediation and Arbitration of LYON: CIMA at 32 Quai Perrache 69002 Lyon, tel: 04 78 28 26 70, email: firstname.lastname@example.org .
Article 15 - Competent court
In the absence of an amicable agreement, the competent court will be that of the place of residence of the defendant (article 42 of the code of civil procedure) or that of the place of actual delivery of the thing (article 46 of the same code).
Article 16 - Applicable law
This contract and the GCS governing it are subject to French law.