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GENERAL TERMS AND CONDITIONS OF SALE

Article 1 - Description of the seller

Mandatory information:
This website www.activebase.store is published by ACTIVEBASE SAS, whose registered office is at 96 Route de Trévignin 73100 Pugny-Chatenodregistered in the Trade and Companies Register under the number SIRET: 83116712700032.

Article 2 - General provisions relating to these GSC (General Terms and Conditions of Sale)

1. Purpose of the General Terms and Conditions
The General Terms and Conditions of Sale apply exclusively to the online sale of ActiveBase products on the www.activebase.store website (hereinafter referred to as the Site), which is freely accessible to all Internet users.

2. Application of the GTCS
The General Terms and Conditions of Sale govern exclusively the contracts for the online sale of products by ActiveBase (hereinafter referred to as the professional seller) to buyers who are consumers (hereinafter referred to as consumers) and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogues or photographs of the products, which are for information purposes only.

The GCS apply exclusively to products delivered to consumers established in France and/or in a member state of the European Union.

The General Terms and Conditions of Sale and all the contractual information mentioned on the site are written in French (the language of the site is one of the criteria used to determine the other countries to which the site established in France directs its activity and consequently the law applicable to the contract).

3. Availability and enforceability of the GTCS
The General Terms and Conditions are available to consumers on the website, where they can be consulted directly, and can also be sent to them on request by e-mail.

The General Terms and Conditions of Sale are binding on the consumer, who acknowledges having read and accepted them before placing an order by ticking the appropriate box.

The validation of the order by its confirmation implies acceptance by the buyer of the GCS in force on the day of the order, which are kept and reproduced by the professional seller in accordance with article 1127-2 of the Civil Code (former C. civ., art. 1369-4).

4. Modification of the GTCS
The professional seller reserves the right to modify its GTC at any time.

In the event of a change to the GTCS, the applicable GTCS are those in force on the date of the order, a copy of which dated to that date may be given to the consumer on request.

5. Terms and conditions
The nullity of a contractual clause does not entail the nullity of the GCS unless it is a determining clause that led one of the parties to conclude the sales contract.

The temporary or permanent non-application of one or more clauses of the GTCS by the professional seller shall not constitute a waiver of the other clauses of the GTCS, which shall continue to have effect.

Article 3 - Products

1. Features
The products offered for sale presented in the catalogue published on the website are each the subject of an optional but recommended description mentioning their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.

The photographs illustrating the products do not constitute a contractual document.

2. Instructions for use
The method of use of the product, if it is an essential element, is mentioned in the electronic catalogue or at the latest on delivery.

3. Compliance
The products comply with the requirements in force relating to personal health and safety, fair trading and consumer protection at the time they are placed on the market (text reproducing C. consom., art. L. 411-1, formerly C. consom., art. L. 212-1).

The products comply with the requirements of French law in force at the time they are placed on the market.

4. Stock availability
Products are offered and delivered while stocks last.

If the product ordered is unavailable, the seller will immediately inform the buyer and may offer the buyer a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order that can be used for any future order.

Apart from reimbursement of the price of the unavailable product, the seller is not liable to pay any compensation for cancellation, unless it is personally responsible for the non-performance of the contract.

Article 4 - Prices

1. Selling prices
In accordance with article L. 112-1 of the French Consumer Code (formerly C. consom., art. L. 113-13), the sale prices are indicated for each of the products in the electronic catalogue in euros, inclusive of all taxes, excluding delivery and transport costs, which are indicated before the order is validated and invoiced in addition.

The total amount owed by the consumer is indicated on the order confirmation page.

The sale price of the product is that in force on the day the order is placed.

The sale price of products does not include delivery charges, which are invoiced in addition to the price.

2. Modification
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.

3. Fees
The additional costs of transport, delivery or postage (to which must be added any other costs borne by the seller), of which the customer has been made aware before placing the order, are set out on the order form.

Costs that cannot be reasonably calculated in advance are payable (clause not to be included if costs are not payable).

Article 5 - Offer

1. domain
The online sales offers presented on the site 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, where applicable determining the geographical marketing area.

2. Duration
The online sales offers presented on the site are valid for as long as the products appear in the electronic catalogue and while stocks last, unless otherwise stated.

3. Acceptance
Acceptance of the offer by the consumer is validated, in accordance with the double-click process, by confirmation of the order.

Article 6 - Ordering

1. Steps in concluding the contract
To place an order, the consumer fills their virtual shopping basket with the products they have selected and the quantities they wish to order, then clicks on the "Order" button and provides the delivery and payment details.

Before clicking on the "Confirm order" button, consumers can check the details of their order and its total price and return to the previous pages to correct any errors or modify their order.

Confirmation of the order implies acceptance of the GCS and forms the contract.

An e-mail acknowledging receipt of the order and payment will be sent by the seller as soon as possible.

2. Order modification
Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the professional seller.

The professional seller reserves the right to make changes to the product ordered in line with technical developments under the conditions set out in article R. 212-4 of the French Consumer Code (formerly C. consom., art. R. 212-4, V).

3. Order validation
The professional 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.

Article 7 - Contract

1. Conclusion
The sales contract is formed when the consumer sends confirmation of their order.

2. Archiving and proof
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with article 1360 of the French Civil Code (former C. civ., art. 1348). These communications, order forms and invoices may be produced as proof of the contract.

3. Resolution
The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of :

- delivery of a product that does not comply with the declared characteristics of the product;
- delivery beyond the deadline fixed in the order form or, in the absence of such a deadline, within thirty days of the conclusion of the contract, after the seller has been requested, in the same way and without result, to make delivery within a reasonable additional period ;
- a price increase that is not justified by a technical change to the product imposed by the public authorities.

In all these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date the deposit was collected.

The order may be cancelled by the seller in the event of :
-refusal by the buyer 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 when the order is placed remains the property of the seller by way of compensation.

Article 8 - Payment

1. Eligibility
The price is payable in full once the order has been confirmed.

Payment is made immediately upon ordering by credit card.

2. Secure payment
The site is equipped with a secure online payment system enabling consumers to encrypt the transmission of their bank details.

Article 9 - Delivery

1. Definition
Delivery means the transfer of physical possession or control of the goods to the consumer.

2. Delivery times
The seller undertakes, in accordance with the delivery deadline indicated on the site for each product, to deliver the products within 30 (thirty) days of receipt of the order.

3. Late delivery
If the product ordered is not delivered or the service is not provided on the date or at the end of the period mentioned on the order form, the consumer may, after unsuccessfully requesting the seller to fulfil his obligation to deliver within a reasonable additional period, rescind the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.

4. Place of delivery
Products are delivered to the address indicated by the customer on the order form.

5. Terms of delivery
Delivery is made by handing over the product directly to the buyer or, failing that, by the seller sending a notice of availability to the buyer.

Within fifteen days of the notice of availability, the buyer must withdraw the product ordered.

In the absence of withdrawal within the period indicated, the seller may, after a formal notice from the buyer which has remained without effect, proceed with the withdrawal, cancel the order by operation of law and retain the deposit paid by way of compensation.

When the product is delivered to the address indicated on the order form by a carrier, it is the buyer's responsibility to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt, and, if necessary, to refuse the product and notify the seller.

6. Product conformity
If the product does not conform to the order, the consumer must submit a complaint to the professional vendor with a view to obtaining a replacement product or, where appropriate, cancellation of the sale.

7. Unavailability of products
If the products are unavailable on delivery, the seller may offer an equivalent product in terms of quality and price, in accordance with the conditions set out in article 3-4 of the GTCS.

8. Failure to deliver
Failure to deliver in full will automatically terminate the sales contract.

9. Delivery and transfer of risk
The risk of loss of or damage to the goods passes to the consumer when he or a third party designated by him takes physical possession of the goods, regardless of their nature.

The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller's risk.

The product, which is delivered to the consumer by a carrier chosen by the consumer, travels at the consumer's risk from the moment the goods are handed over to the carrier.

10. Transfer of ownership
From the delivery date indicated on the order form, ownership of the product is transferred to the buyer, unless full payment of the price has not been received at the time the order is placed.

11. Spare parts
At the time of purchase of the goods, the seller must confirm to the consumer on the order form or the general terms and conditions of sale or on any other durable medium the information that he has already given by way of pre-contractual information and that has been delivered to him by the manufacturer or importer of movable goods concerning the period during which or the date up to which spare parts essential for the use of a good are available.

Article 10 - Legal guarantee of conformity and guarantee against hidden defects

1. Consumer information
All products supplied by the seller are covered by the legal guarantee of conformity set out in articles L. 217-4 et seq. of the French Consumer Code (C. consom., L. 211-4 to L. 211-14) or the guarantee against hidden defects set out in articles 1641 to 1649 of the French Civil Code.

Independently of any commercial guarantee that may have been granted, the seller is liable for any lack of conformity of the goods covered by the contract under the terms of article L. 217-4 et seq. of the French Consumer Code (formerly C. cons., art. L. 211-4 et seq.) and for any hidden defects in the goods sold under the terms of article 1641 et seq. of the French Civil Code .

2. Implementation of the guarantee of conformity
The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility.

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

When acting under the legal guarantee of conformity, the consumer :

- has a period of two years from the date of delivery of the property in which to take action;

- may choose between repairing or replacing the good, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code (formerly C. consom., art L. 211-9) ;

- is exempt from having to prove the existence of a lack of conformity in the goods during the twenty-four months following delivery of the goods.

3. Implementation of the guarantee against hidden defects
The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.

Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

The consumer may decide to invoke the guarantee against hidden defects in the item sold under article 1641 of the French Civil Code . In this case, they may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

4. Supply of goods as part of services
Although our company does not deliver goods or products sold, the services we provide, for which our sales forces and technical teams have been trained and which constitute our business, are always likely to involve the use of products or to require the supply of products in order to be able to carry out these services.

To find out about the guarantees available to you in this respect, please read the information in this paragraph.

Independently of the commercial guarantee provided for in the following paragraph, the seller remains liable, in accordance with article L. 217-15 of the French Consumer Code (formerly C. consom., art. L. 211-15), for any lack of conformity or latent defect in the product.

Article 11 - Commercial guarantee

11.1 Consumer information

Independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity referred to in articles L. 217-4 et seq. of this code and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the Civil Code.

2. Commercial guarantee contract
According to article L. 217-15 of the French Consumer Code, a commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price or to replace or repair the goods, in addition to his legal obligations to guarantee the conformity of the goods.

The contract specifies the content of the guarantee, how it is to be implemented, its price, duration, territorial scope and the name and address of the guarantor, and reproduces article L. 217-16 (formerly C. consom., art. L. 211-16).

The content of the commercial guarantee, the way in which it is implemented, its price or whether it is free of charge, its duration, its territorial scope and the name and address of the guarantor may also be specified in the general terms and conditions of sale.

3 Information in the commercial guarantee contract
Independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity referred to in articles L. 217-4 et seq. of this code (former C. cons., art. L. 211-4 to L. 211-13) and the guarantee relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the Civil Code.

4. Commercial guarantee debtor
Products are sold under the manufacturer's warranty only and are accompanied by a warranty certificate issued to the purchaser by the seller.

Products are sold under the guarantee of the seller, who either issues a guarantee certificate to the buyer or mentions this guarantee in the general terms and conditions of sale.

5. Purpose and conditions of the commercial guarantee
The seller undertakes to repair or replace the product under specified conditions if a defect appears within 24 months of the sale.

Terms of guarantee : 

The terms of this warranty apply only to the original purchaser (you) and are not transferable.

The warranty does not cover : 

  1. Normal wear and tear of parts. 
  2. Any adaptations or changes made to the product to enhance its basic functions as described in this manual.
  3. Damage resulting from :
  4. a) transport. 
  5. b) abuse, failure to follow instructions or improper or abnormal use.
  6. c) repairs carried out by a service other than ACTIVEBASE.
  7. d) accidents, water, fire, or any other cause beyond the control of ACTIVEBASE

6. Product downtime due to repair
When the purchaser asks the seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for service or from the date on which the item in question is made available for repair, if it is made available after the request for service.

In accordance with article L. 217-16 of the French Consumer Code, any period of immobilisation of at least seven days due to the repair of the product covered by the guarantee is added to the duration of the guarantee initially granted.

Article 12 - Complaints

Warranty claims should be sent by e-mail to the After-Sales Service: sav@active-base.eu

Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The consumer will be reimbursed for the return postage costs within thirty days of receipt of the product by the seller.

Article 13 - Law applicable to guarantees

Cross-border contracts in the internal market

The French law applicable to the contract by virtue of article 16 of the GTCS may not have the effect of depriving a consumer residing in another Member State of the provisions on guarantees granted to him by his national law in application of the directive of 25 May 1999 on the sale of consumer goods and associated guarantees.

Article 14 - Liability

1. Exemption from liability
The seller may not be held liable in the event of non-performance or poor performance of the contract due either to the fault of the buyer, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.

The seller may not be held liable if the product does not comply with the legislation of the consumer's country. It is the consumer's responsibility to check that the product is not banned for sale in their country.

2. Product safety defect
In the event of damage caused by a safety defect in the product, the consumer must seek to hold the manufacturer liable on the basis of the information given on the product packaging.

3. Penalty clause
In all cases where the consumer fails to fulfil his obligations, the deposit paid when the order was placed shall be retained by the professional vendor by way of compensation.

Article 15 - Resolutive clause

Cancellation of the order in the cases provided for in these GCS will be pronounced by simple registered letter with acknowledgement of receipt or by electronic letter and will be acquired by operation of law without any legal formalities.

Article 16 - Right of withdrawal

1. Terms and conditions of exercise
You have the right to withdraw from the contract within thirty days without giving any reason. The withdrawal period expires thirty days after the day of delivery.

The withdrawal period expires thirty days after the day on which you, or the third party you have appointed to do so, takes physical possession of the last item.

To exercise your right of withdrawal, you must notify us :

- your name, your geographical address and, where available, your telephone number, fax number and e-mail address;

- as well as your decision to withdraw from the contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form).

In order for the thirty-day withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiry of this period. In all cases, the burden of proof lies with the customer.

2. Effects
If you withdraw from the contract, we will refund all payments received from you - not including delivery costs - without undue delay and in any event no later than thirty days from the day on which we are informed of your decision to withdraw from the contract.

We will make the refund using the same method of payment that you used for the original transaction. With your agreement, another method may be used. In any event, this refund will not incur any costs for you (other than the cost of returning the goods).

The customer is reminded that, in the event of withdrawal after use of the goods, he/she is liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

In the event of withdrawal by the customer, the latter must return the goods to ActiveBase without undue delay and, in any event, no later than thirty days after the customer has communicated his decision to withdraw from the contract. This period shall be deemed to have been observed if the customer returns the goods ordered before the expiry of the thirty-day period.

In the event of withdrawal by the customer, the latter must bear the direct cost of returning the goods.

The company may defer reimbursement until receipt of the goods ordered.

Article 17 - Intellectual property

The elements reproduced on the www.activebase.store website, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.

Any reproduction or distribution of these elements without prior written authorisation from the publisher will render offenders liable to prosecution.

Article 17 - Processing of personal data (CNIL declaration number)

The purpose of the computerised processing of the personal data collected is to monitor its customers.

In accordance with the French Data Protection Act (Loi Informatique et Libertés), you have the right to access, rectify and, subject to the relevant legal provisions, delete any data concerning you.

If you have previously agreed, you may receive marketing emails or SMS messages from our company which you can unsubscribe from by clicking on the unsubscribe link at the bottom of each email you receive and by clicking on STOP in each SMS message you receive.

It is also specified that customers who do not wish to be the subject of commercial canvassing by telephone can register free of charge on the Blocctel opposition list on the bloctel.gouv.fr website.

If you do not wish your details to be re-used for commercial purposes, please inform the department responsible for processing.

If you do not wish your details to be passed on to third parties, please inform the department responsible for processing.

The collection of personal data, its use to process orders and compile customer files, and its distribution to third parties responsible for fulfilling and paying for orders, is subject to the consent of the person concerned.

The processing of personal data, which is kept by the publisher for the sole purpose of the proper administration of orders and commercial relations, is subject to a declaration to the Commission Nationale Informatique et Libertés.

Consumers have the right to access, modify, rectify and delete their personal data at any time.

Article 18 - Prior complaints

In the event of a dispute, you should first contact the company's customer service department by email or telephone (email: sav@active-base.eu ), Monday to Friday (except bank holidays), from 10am to 12pm and from 2pm to 5pm.

Article 19 - Competent court

In the absence of an amicable agreement, you may refer to the courts any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract and any documents connected with the contract.

The competent court will be that of the defendant's domicile (article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (article 46 of the Code of Civil Procedure).

Article 20 - Applicable law

This contract and the GTC governing it are governed by French law.

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