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Article 1 Description of Seller
Obligatory information This site www.active-base.eu is published by the company with limited liability to the capital of 12,500 euros, whose registered office is located 338, Chemin des Lavandins – les Barnouins – 13170 les Pennes Mirabeau, registered in Register of commerce and companies of Aix-en-Provence RCS 831 167 127.
Article 2 – General provisions relating to these GTC (General Conditions of Sale)
1. Purpose of the GTC the terms and conditions are applicable exclusively to the online sale of Activebase products on the site www.active-base.eu, (hereinafter the site) whose access is free and free to any Internet user. 2. Scope of the GTC the GTC govern exclusively the contracts for the sale on line of the products of the company ACTIVEBASE (hereafter professional seller) to buyers with the quality of consumers (hereinafter consumers) and constitute with the Order on-line contractual documents opposable to the parties, excluding any other documents, prospectuses, catalogues or photographs of products which are of only indicative value. The GTC are exclusively applicable to products delivered to consumers established in France and/or in a Member State of the European Union. The terms and conditions are written as well as all the contractual information mentioned on the site in French language (the language of the site is one of the criteria for determining the other countries to which the site established in France directs its activity and As a result the law applicable to the contract). 3. Availability and enforceability of the GTC the terms and conditions are made available to consumers on the site where they are directly available and can also be communicated to them on request by e-mail. The terms and conditions are against the consumer who recognises, by checking a box provided for this purpose, knowing and having accepted them before ordering. The validation of the order by its confirmation shall be made by the purchaser to the GTC in force on the day of the order whose conservation and reproduction is ensured by the professional seller in accordance with article 1127-2 of the Civil Code (former C. Civ., Art. 1369-4). 4. Modification of the terms and conditions the professional seller reserves the right to modify its GTC at any time. In the case of changes to the GTC, the applicable GTC are those in force on the date of the order, a copy of which is dated to date and can be delivered to the consumer. 5. Terms of the GTC the nullity of a contractual clause does not entail the nullity of the GTC unless it is a decisive clause which has led one of the parties to conclude the contract of sale. The temporary or permanent inapplicability of one or more clauses of the GTC by the professional seller cannot be waived on his part by the other clauses of the GTC which continue to produce their effects.
1. Characteristics the products offered for sale in the catalogue published on the site are each subject to an optional but advisable description stating their essential characteristics within the meaning of article L. 111-1 of the consumer code . The photographs illustrating the products are not a contractual document. 2. How to use the product, if it is an essential element, is mentioned in the electronic catalogue or at the latest on delivery. 3. Conformity the products comply with the provisions in force concerning the safety and health of persons, the loyalty of commercial transactions and the protection of consumers at the time of their placing on the market (text reproducing C. Consumer ., S. L. 411-1, former C. Consumer, S. L. 212-1). The products comply with the requirements of the French law in force at the time of their placing on the market. 4. Availability of stocks products are offered and delivered within the limit of available stocks. In case of unavailability of the ordered product, the seller immediately notifies the purchaser and may offer him a product of an equivalent quality and price or, failing that, a voucher for the amount of the order usable for any next order. Apart from the reimbursement of the price of the unavailable product, the seller is not liable for any cancellation indemnity, unless the contract is personally attributable to him.
1. Sale Price The selling prices, in accordance with article L. 112-1 of the consumer code (former C. Consumer, art. L. 113-13) are indicated, for each of the products listed in the electronic catalogue, in euros all taxes included, excluding delivery and transport charges mentioned before the order is validated and charged in addition. The total amount owed by the consumer is indicated on the order confirmation page. The selling price of the product is the one in effect on the day of the order. The selling price of the products does not include the shipping charges charged in addition to the price. 2. Amendment the Professional seller reserves the right to change 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 transport, delivery or postage charges (to which you must add any other costs incurred by the seller), which the customer may have read before the order, are fixed on the purchase order. Fees not likely to be reasonably calculated in advance are payable (clause not to be included if fees are not payable).
1. Field 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 determine the geographical area of marketing. 2. Duration the offers of online sales presented on the site are valid, in the absence of a particular period of time, as long as the products are in the electronic catalogue and within the limit of the available stocks. 3. Acceptance acceptance of the offer by the consumer is validated, in accordance with the double click procedure, by the confirmation of the order.
1. Conclusion of the contract to order, the consumer, after filling his virtual basket by indicating the selected products and the quantities desired, then click on the button "Order" and provides the information concerning the Delivery and the method of payment. Before clicking on the button "Confirm order", the consumer has the possibility to check the details of his order and his total price and to return to the previous pages to correct any errors or possibly modify his order. The confirmation of the order results in acceptance of the GTC and forms the contract. An e-mail acknowledging receipt of the order and its payment is sent by the seller as soon as possible. 2. Change of order any change of order by the consumer after confirmation of his order is subject to the acceptance of the professional seller. The professional seller reserves the right to bring to the ordered product the modifications which are related to the technical evolution under the conditions laid down in article R. 212-4 of the consumer code (former C. Consumer, art. R. 212-4, V). 3. Validation of the order the professional seller reserves the right to refuse any order for legitimate reasons and especially if the quantities of products ordered are abnormally high for buyers with the quality of Consumers.
1. Conclusion The contract of sale is formed at the time of the sending by the consumer of the confirmation of his order. 2. Archiving and proof the archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with article 1360 of the Civil Code (former C. Civ., art. 1348). These communications, purchase orders and invoices may be produced as proof of the contract. 3. Resolution The order may be resolved by the purchaser by registered letter with request for notice of receipt or by writing on another durable medium in the event of: — Delivery of a product not complying with the declared product characteristics; — Delivery in excess of the deadline fixed in the order form or, in the absence of such a date, within thirty days of the conclusion of the contract, after the seller has been ordered, in the same manner and without result, to carry out the delivery in a reasonable additional time; — an increase in the price that is not justified by a technical change in the product imposed by the government. In all such cases, the purchaser may require the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit. The order may be resolved by the seller in the event of: — Refusal of the purchaser 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 to the order remains forfeited to the seller as compensation.
Article 8 – Payment
1. Liability the price is due in full after confirmation of the order. Payment is made immediately to the order by credit card. 2. Securing the payment the site has a system for securing online payments allowing the consumer to encrypt the transmission of his bank data.
1. Definition delivery refers to the transfer to the consumer of physical possession or control of the property. 2. Delivery time the seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 30 (Trnete) days after receiving the order. 3. Delivery delay when the ordered product is not delivered or the service is not provided on or after the expiration of the period mentioned on the order form, the consumer may, after having unsuccessfully enjoined the seller to carry out his obligation of delivery Within a reasonable additional time, resolve the contract by registered letter with request for notice of receipt or by writing on another durable medium. 4. Place of delivery the products are delivered to the address indicated by the customer on the purchase order. 5. Delivery terms the delivery is carried out by direct delivery of the product to the purchaser or, failing that, by the seller sending a notice of availability to the purchaser. Within fifteen days from the notice of availability, the purchaser must proceed with the withdrawal of the ordered product. In the absence of a retirement within the specified time limit, the seller may, after a notice of the purchaser, remain without effect, proceed to the retirement, resolve the order of right and retain as indemnity the deposit paid. When the product is delivered to the address indicated on the order form by a carrier, it is for the purchaser to verify in the presence of the deliveryman the condition of the delivered product and, in case of damage or missing, to issue reservations on the packing slip or on The transport receipt, and possibly refuse the product and notify the seller. 6. Product conformity if the product does not conform to the order, the consumer must make a claim to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale. 7. Product unavailability in case of unavailability of products on delivery, the seller may propose, under the conditions set out in article 3-4 of the GTC, an equivalent product by its quality and price. 8. Failure to deliver the total defect of delivery results in the full resolution of the contract of sale. 9. Delivery and transfer of risk the risks of loss or damage to the property are transferred to the consumer at the time of taking, or a third party he has designated, physically holding the property, without distinction according to his nature. The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller's perils. The product, which is delivered to the consumer by a carrier chosen by him, travels at the consumer's perils from the handing over of the property to the carrier. 10. Transfer of ownership from the date of delivery indicated in the purchase order, the property of the product is transferred to the purchaser, except in the case where the full payment of the price has not been cashed to the order. 11. Spare parts The seller must confirm to the purchase of the property on the order form or the general conditions of sale or on any other durable medium to the consumer the information he has already given for the pre-contractual information and which has been Issued by the manufacturer or importer of movable property concerning the period during which or the date until which the spare parts indispensable for the use of a property are available.
Article 10 – Legal guarantee of conformity and guarantee of hidden defects
1. Consumer Information all 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 (C. Consumer, L. 211-4 to L. 211-14) or the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code. Irrespective of the commercial guarantee that may be granted, the seller is liable for defects in conformity of the property subject to the contract under the conditions of article L. 217-4 and following of the consumer code (former C. Consumer, art. L. 211-4 and S.) and hidden defects of the thing sold under the conditions laid down in articles 1641 and following of the Civil Code. 2. Implementation of the compliance guarantee the seller is required to deliver a contract-compliant property and responds to defects in conformity that exist at the time of issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility. The action resulting from the failure to comply is prescribed by two years from the issuance of the property. When acting as a legal guarantee of conformity, the consumer shall: — benefit from a period of two years from the issuance of the Good to act; — may choose between the repair or replacement of the property, subject to the cost conditions laid down in article L. 217-9 of the consumer code (former C. Consumer, Art L. 211-9); — is exempt from reporting evidence of the failure to comply with the property during the twenty-four months following the issuance of the property. 3. Implementation of the guarantee of hidden defects the seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which so diminish this use that the buyer would not have acquired it , or would have given only a lesser price if he had known them. The action resulting from the redhibitory defects must be brought by the purchaser within two years after the discovery of the defect. The consumer may decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, it may choose between the resolution of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code. 4. Supply of goods in the context of service delivery although our company does not deliver goods or products sold, the services we carry out, for which our trade forces and our technical teams have been Formed and which constitute our trade, are always likely to implement products or to require a supply of products in order to be able to carry out these services. In order to inform you of the guarantees that you have in this respect, please read the information in this paragraph. Irrespective of the commercial guarantee provided for in the following paragraph, the seller shall remain liable, in accordance with article L. 217-15 of the consumer code (former C. Consumer, art. L. 211-15), defects in conformity and hidden defects of the product.
Article 11-Commercial Guarantee
11.1. Information of the consumer irrespective of the commercial guarantee, the seller shall remain bound by the legal guarantee of conformity referred to in articles L. 217-4 and following of this code and that concerning the defects of the thing sold, under the conditions Under articles 1641 to 1648 and 2232 of the Civil Code. 2. Commercial Guarantee Agreement according to article L. 217-15 of the consumer code, the commercial guarantee means any contractual undertaking by a professional to the consumer in order to reimburse the purchase price, replacement or Repair of the property, in addition to its legal obligations to ensure the conformity of the property. The contract specifies the contents of the guarantee, the terms of its implementation, its price, duration, territorial extent and the name and address of the guarantor and reproduces article L. 217-16 (former C. Consumer, art. L. 211-16). The content of the commercial guarantee, the terms of its implementation, its price or gratuity, its duration, its territorial scope and the name and address of the guarantor may also be specified in the general conditions of sale. 3 Information in the commercial guarantee agreement irrespective of the commercial guarantee, the seller remains under the legal guarantee of conformity mentioned in articles L. 217-4 and following of this code (former C. Consumer, art. L. 211-4 to L. 211-13) and that relating to the defects of the thing sold, under the conditions laid down in articles 1641 to 1648 and 2232 of the Civil Code. 4. Debtor of the commercial guarantee the products are sold under the manufacturer's sole warranty and are provided with a guarantee voucher delivered to the purchaser by the seller. The products are sold under the warranty of the seller who either delivers a guarantee voucher to the purchaser, or mentions this warranty in the general conditions of sale. 5. Purpose and conditions of the commercial guarantee the seller undertakes to repair or replace under specified conditions the product if a defect appears within 3 months after the sale. 6. Period of immobilization of the product due to the repair when the purchaser requests the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, a restoration covered by the guarantee, Any period of immobilization of at least seven days is added to the duration of the guarantee which remained to be run. This period runs from the request for intervention by the purchaser or from the availability for repair of the property in question, if this provision is after the request for intervention. Under article L. 217-16 of the consumer code, any period of immobilization of at least seven days due to the repair of the product covered by the guarantee is in addition to the duration of the original guarantee.
Article 12 – Claims
Claims made under warranties must be sent by email to the customer service department: firstname.lastname@example.org. The products covered by the warranties must be returned new, complete and in their original condition and packing after receipt and confirmation of the claim by the after-sales service. The consumer will be reimbursed a postage return no later than thirty days after 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 under article 16 of the GTC cannot have the effect of depriving the consumer resident in another Member State of the provisions on guarantees granted to him by his right National level pursuant to the directive of 25 May 1999 concerning the sale and safeguards of consumer goods.
Article 14 – Liability
1. Disclaimer The seller's liability cannot be incurred in the event of non-performance or improper performance of the contract due either to the buyer or to the insurmountable and unforeseeable fact of a third party to the contract or to force majeure. The seller's liability cannot be incurred for non-conformity of the product with the legislation of the country of the consumer to which it is to be verified whether the product is not prohibited for sale in his country. 2. Product safety failure in the event of damage caused by a product safety defect, the consumer must seek the responsibility of the identifiable manufacturer from the information mentioned on the product packaging. 3. Penal Clause in all cases of breach of its obligations by the consumer, the deposit paid to the order remains forfeited to the professional seller as indemnity.
Article – 15 Resolutory Clause
The resolution of the order in the cases provided for in these GTC will be delivered by simple registered letter with request for notice of receipt or by electronic letter and will be acquired as of right without legal formality.
Article 16 – Right of withdrawal
1. Conditions, period and procedures for exercising if you sign the contract, you will have the right to retract, without giving any reason, within seven days. The withdrawal period expires seven days after the day of the conclusion of the contract the withdrawal period expires seven days after the day on which you, or the third party you have designated to do so, takes possession of the last property physically. To exercise the right of withdrawal, you must notify us: — Your name, your geographical address and, when available, your telephone number, fax number and e-mail address; — as well as your decision to retract the contract by means of an unambiguous statement (for example, letter sent by mail, fax or e-mail as soon as these coordinates are available and thus appear on the Type of retraction form). In order for the seven-day withdrawal period to be respected, it is sufficient that you transmit your communication concerning the exercise of the right of withdrawal before the expiration of that period. In all cases, the burden of proof of this exercise rests with the client. 2. Effects in case of withdrawal of your part of the contract, we will reimburse you all payments received from you – not including delivery costs, without undue delay and, in any event, no later than seven days from the day when we would be informed of your Decision to retract the eventual contract. We would proceed with the refund using the same payment method that you used for the initial transaction. With your agreement another way can be used. In any event, this refund would not incur a fee for you (excluding delivery costs). It is recalled that the liability of the client, in the event of retraction after use of the property (s), is incurred in respect of the depreciation of the property (s) resulting from manipulations other than those necessary to establish the nature, characteristics and The proper functioning of this or that property. In the event of withdrawal by the customer, the client must return or return the property to ACTIVEBASE without undue delay and, in any event, no later than fourteen days after the customer has communicated his decision to retract the eventual contract. This period shall be deemed to be respected if the customer returns the goods of the order before the expiration of the fourteen-day period. In case of retraction by the customer, the latter must take charge of the direct costs of returning the property. The company may defer reimbursement until receipt of the item (or goods) of the order.
Article 17-intellectual property
The elements reproduced on this site www.active-base.eu, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. Any reproduction and dissemination of these elements, without the prior written permission of the publisher, expose the offenders to legal proceedings. Article 17 – Processing of personal data (CNIL Declaration No) The computerized processing of personal data collected is intended to monitor its clients. In accordance with the Law on computers and freedoms, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, to delete the data concerning you. If you have previously accepted it, you will be able to receive emails or SMS marketing from our company 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 for free on the list of opposition Bloctel on the site bloctel.gouv.fr. If you do not want your contact information to be reused for commercial purposes, please inform the service responsible for the treatment. If you do not want your contact information to be forwarded to third parties, please inform the service responsible for the treatment. The collection of personal data, their use in order processing and the establishment of customer files and their distribution to third parties responsible for the execution and payment of 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 a good administration of orders and commercial relations, is the subject of a declaration to the national Commission Informatique et Libertés. The consumer has at all times a right of access, modification, rectification and deletion of the personal data concerning him.
Article 18 – Pre-claim
In case of litigation, you must address the company's customer service by email or telephone (email:/Tel:.. /.), Monday to Friday except public or nonholiday, from (10 to 12h and from 14 to 17h).
Article 19 – Competent court
In the absence of an amicable agreement, you may refer the matter to the Court for any dispute relating to the existence, interpretation, conclusion, execution or breach of the contract and all documents related to the contract. The competent court shall be that of the place of domicile of the defendant (article 42 of the Code of Civil Procedure) or of the place of actual delivery of the thing or of the performance of the service (article 46 of the Code of Civil Procedure).
Article 20 – Applicable law
This contract and the terms and conditions governing it are subject to the French law. [/fusion_text] [/fusion_builder_column] [/fusion_builder_row] [/fusion_builder_container]