Article 1 Designation of the seller
This site www.active-base.eu is published by the limited liability company with a capital of 12,500 euros, whose registered office is located at 338, Chemin des Lavandins – Les Barnouins – 13170 Les Pennes Mirabeau, registered in the commercial register and Aix-en-Provence companies RCS 831 167 127.
Article 2 – General provisions relating to these GCS (General Conditions of Sale)
1. Purpose of the GCS
The GCS are applicable exclusively to the online sale of Activebase products on the site www.active-base.eu, (hereinafter the site), access to which is free and open to all internet users.
2. Field of application of the GCS
The GCS exclusively govern the online sales contracts for the products of the ACTIVEBASE company (hereinafter professional seller) to buyers having the quality of consumers (hereinafter consumers) and constitute with the online order the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.
The GCS are exclusively applicable to products delivered to consumers established in France and / or in a member country of the European Union.
The GCS are written as well as all the contractual information mentioned on the site in French language (the language of the site appears among the criteria making it possible to determine the other countries towards which the site established in France directs its activity and consequently the applicable law to the contract).
3. Availability and enforceability of the GCS
The GCS are made available to consumers on the site where they can be directly consulted and can also be communicated to them on request by email.
The GCS are enforceable against the consumer who recognizes, by checking a box provided for this purpose, to have read and accepted them before placing an order.
The validation of the order by its confirmation is worth adhesion by the purchaser to the GCS in force on the day of the order whose conservation and reproduction are ensured by the professional seller in accordance with article 1127-2 of the civil code (old C. civ., art. 1369-4).
4. Modification of the GCS
The professional seller reserves the right to modify its GCS at any time.
In the event of a modification of the GCS, the applicable GCS are those in force on the date of the order, a copy dated to date can be given to the consumer at his request.
5. Terms of the GCS
The nullity of a contractual clause does not result in the nullity of the GCS unless it is a decisive clause which led one of the parties to conclude the contract of sale.
The temporary or permanent application of one or more clauses of the GCS by the professional seller cannot be considered as a waiver on his part of the other clauses of the GCS which continue to have effect.
Article 3 – Products
The products offered for sale presented in the catalog published on the site are each the subject of an optional but recommended description mentioning their essential characteristics within the meaning of article L. 111-1 of the consumer code.
The photographs illustrating the products do not constitute a contractual document.
2. Instructions for use
The mode of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest upon delivery.
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market (text reproducing C. consumer, art. L . 411-1, former C. consumer, art. L. 212-1).
The products comply with the prescriptions of French law in force at the time of their placing on the market.
4. Availability of stocks
The products are offered and delivered within the limits of available stocks.
n case of unavailability of the ordered product, the seller immediately informs the buyer and can offer him a product of equivalent quality and price or, failing this, 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 compensation, except if the breach of the contract is personally attributable to him.
Article 4 – Price
1. Sale price
The selling prices, in accordance with article L. 112-1 of the consumer code (former C. consumption, art. L. 113-13), are indicated, for each product appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The sale price of the products does not include the shipping costs invoiced in addition to the price.
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.
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 become aware before ordering, are fixed on the order form.
Costs which are unlikely to be reasonably calculated in advance are payable (clause not to be included if the costs are not payable).
Article 5 – Offer
The online sales offers presented on the site are reserved for consumers residing in France and / or in a country which is a member of the European Union and for deliveries in these same geographic areas possibly determine the geographic area of marketing.
The online sales offers presented on the site are valid, if no particular duration is indicated, 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.
Article 6 – Order
1. Contract conclusion stages
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides the information relating to delivery and method of payment.
Before clicking on the “Confirm order” button, the consumer can check the details of their order and their total price and return to the previous pages to correct any errors or possibly modify their order.
The confirmation of the order implies acceptance of the GCS and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
2. Order modification
Any modification of an order by the consumer after confirmation of his order is subject to acceptance by the professional seller.
The professional seller reserves the right to make changes to the product ordered which are linked to technical developments under the conditions provided for in article R. 212-4 of the consumer code (former C. consumption, art. R. 212-4, V).
3. Confirmation of the order
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 having the quality of consumers.
Article 7 – Contract
The sales contract is formed when the consumer sends 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 so as 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 can be produced as proof of the contract.
The order can be resolved by the buyer by registered letter with request for acknowledgment of receipt or by writing on another durable medium in case:
— delivery of a product that does not comply with the declared characteristics of the product;
— of delivery exceeding the deadline set in the order form or, failing such date, within thirty days of the conclusion of the contract, after the seller has been ordered, according to the same terms and without result, to make delivery within a reasonable additional time;
— price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the buyer can demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by the seller in case:
— 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 on the order remains with the seller as compensation.
Article 8 – Payment
The price is due in full after confirmation of the order.
Payment is made immediately upon order by bank card.
2. Payment security
The site has an online payment security system allowing consumers to encrypt the transmission of their bank data.
Article 9 – Delivery
Delivery means the transfer to the consumer of physical possession or control of the goods.
2. Delivery time
The seller agrees, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 30 (Trent) days after receipt of order.
3. Late delivery
When the ordered product is not delivered or the service is not provided on the date or at the expiration of the period mentioned on the order form, the consumer may, after having unsuccessfully enjoined the seller to fulfill his obligation to delivery within a reasonable additional time, terminate the contract by registered letter with request for acknowledgment of receipt or in writing on another durable medium.
4. Place of delivery
The products are delivered to the address indicated by the customer on the order form.
5. Delivery terms
Delivery is made by direct delivery of the product to the buyer or, failing this, by the seller sending a notice of availability to the buyer.
Within a period of fifteen days from the notice of availability, the buyer must withdraw the ordered product.
In the absence of retirement within the period indicated, the seller may, after formal notice from the buyer, which has remained without effect, proceed to retirement, automatically resolve the order and keep the deposit paid as compensation. .
When the product is delivered to the address indicated on the order form by a carrier, it is up to the buyer to check in the presence of the delivery man the condition of the product delivered and, in the event of damage or missing items, issue reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify the seller.
6. Product conformity
If the product does not comply with the order, the consumer must send a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.
7. Unavailability of products
In case of unavailability of the products on delivery, the seller may offer, under the conditions provided for in article 3-4 of the GCS, an equivalent product in terms of quality and price.
8. Failure to deliver
The total failure to deliver results in the automatic termination of the sales contract.
9. Delivery and transfer of risk
The risk of loss or damage to the goods is transferred to the consumer when he takes, or a third party whom he has designated, physically in possession of the goods, without distinction according to its 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 transporter chosen by him, travels at the consumer’s risk and peril from the delivery of the goods to the transporter.
10. Transfer of ownership
From the delivery date indicated in the order form, ownership of the product is transferred to the buyer, except in the case where full payment of the price has not been collected when ordering.
11. Detached pieces
The seller must confirm the purchase of the good 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 as pr-contractual information and which has been delivered to him by the manufacturer or importer of movable property concerning the period during which or the date until which the spare parts essential for the use of an asset 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. consom., L. 211-4 to L. 211-14) or guarantee against hidden defects provided for in articles 1641 to 1649 of the civil code.
Regardless of the commercial guarantee that may have been granted, the seller is liable for any lack of conformity of the object of the contract under the conditions of article L. 217-4 et seq. Of the consumer code (former C. consumer, art. L . 211-4 and s.) And hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the civil code.
2. Implementation of the conformity guarantee
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible 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.
The action resulting from the lack of conformity lapses two years after 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;
— may choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code (former C. consumption, art L. 211-9);
— 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.
3. Implementation of the guarantee against hidden defects
The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the civil code.
4. Supply of goods in the context of the provision of services
Although our company does not deliver goods or products sold, the services we provide, for which our sales forces and our technical teams have been trained and which constitute our business, are always likely to implement products or require the supply of products in order to perform these services.
In order to inform you about the guarantees you have under this title, please read the information in this paragraph.
Irrespective of the commercial guarantee provided for in the following paragraph, the seller remains liable, in accordance with article L. 217-15 of the consumer code (former C. consumer, art. L. 211-15), for defects of conformity and hidden product defects.
Article 11 – Commercial warranty
11.1. Consumer information
Independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of this code and that relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
2. Commercial warranty contract
According to Article L. 217-15 of the Consumer Code, the commercial guarantee means any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, replacement or repair of the goods, in addition to its legal obligations aimed at ensuring the conformity of the goods.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor and reproduces article L. 217-16 (old C. consumption, art. L. 211-16).
The content of the commercial warranty, the terms of its implementation, its price or free, its duration, its territorial scope as well as the name and address of the guarantor may possibly also be specified in the general conditions of sale.
3 Information in the commercial warranty contract
Regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 et seq. Of this code (former C. consumption, art. L. 211-4 to L. 211-13) and that relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
4. Commercial warranty debtor
The products are sold under the manufacturer’s warranty only and come with a warranty certificate given to the buyer by the seller.
The products are sold under the seller’s guarantee, which either gives a guarantee to the buyer or mentions this guarantee in the general 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 3 months of the sale.
6. Downtime of the product due to repair
When the buyer requests from 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 warranty which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.
Under Article L. 217-16 of the Consumer Code, any downtime of at least seven days due to the repair of the product covered by the warranty is added to the duration of the warranty initially granted.
Article 12 – Complaints
Claims under guarantees must be sent by email to the after-sales service: email@example.com.
The products covered by the guarantees 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 return postage 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 GCS cannot have the effect of depriving the consumer residing in another Member State of the provisions on guarantees granted to him by his national law in application of the directive of May 25, 1999 concerning the sale and guarantees of consumer goods.
Article 14 – Responsibility
The seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the fact of the buyer, or to the insurmountable and unpredictable fact of a third party to the contract, or to force major.
The seller’s responsibility cannot be engaged for non-compliance of the product with the legislation of the country of the consumer to which it belongs to check if the product is not prohibited for sale in his country.
2. Product security fault
In the event of damage caused by a product security defect, the consumer must seek the responsibility of the manufacturer, identifiable from the information mentioned on the product packaging.
3. Penalty clause
In all cases of non-fulfillment of its obligations by the consumer, the deposit paid on the order remains with the professional seller as compensation.
Article – 15 Cancellation clause
The resolution of the order in the cases provided for in these GCS will be pronounced by simple registered letter with request for acknowledgment of receipt or by electronic letter and will be automatically acquired without legal formality.
Article 16 – Right to retract
1. Conditions, deadline and exercise methods
If you sign the contract, you will have the right to withdraw, without giving any reason, within seven days. The withdrawal period expires seven days after the day of 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, physically takes possession of the last item.
To exercise the right of withdrawal, you must notify us:
— your name, geographic address and, where available, your telephone number, fax number and email address;
— as well as your decision to withdraw from the contract by means of an unambiguous declaration (for example, letter sent by post, fax or email as soon as these contact details are available and therefore appear on the standard withdrawal form ).
For the withdrawal period of seven days to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiration of this period. In all cases, the burden of proof of this exercise rests with the client.
In the event of withdrawal from your part of the contract, we will reimburse all payments received from you – not including delivery costs, without undue delay and, in any event, no later than seven days from the day we are informed of your decision to withdraw from the possible contract.
We would refund using the same payment method that you used for the initial transaction. With your agreement, another means may be used. In any event, this refund will not incur any costs for you (excluding delivery costs).
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, characteristics and good operation of this or these goods.
In the event of withdrawal by the customer, the latter must return or return the goods to ACTIVEBASE without undue delay and, in any event, at the latest fourteen days after the customer has communicated his decision to withdraw from the possible contract. This deadline is deemed to be respected if the customer returns the goods of the order before the expiration of the period of fourteen days.
In the event of withdrawal by the customer, the latter must bear the direct costs of returning the goods.
The company may postpone the reimbursement until receipt of the goods or items subject to 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 and patent law.
Any reproduction and distribution of these elements, without the prior written authorization of the publisher, exposes offenders to legal action.
Article 17 – Processing of personal data (CNIL declaration number)
The purpose of computerized processing of the personal data collected is to monitor its customers.
In accordance with the Data Protection Act, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, the deletion of 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 unsubscripted, for emails, by clicking on the unsubscripted 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 client who does not wish to be the subject of commercial prospecting by telephone can register for free on the Bloctel opposition list on the bloctel.gouv.fr website.
If you do not wish your contact details to be used again for commercial purposes, please inform the processing department.
If you do not wish your details to be transmitted to third parties, please inform the service responsible for processing.
The collection of personal data, their use for the processing of orders and the constitution of customer files and their dissemination 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 the proper administration of orders and commercial relations, is the subject of a declaration to the National Data Protection Commission.
The consumer has at all times a right to access, modify, rectify and delete personal data concerning him.
Article 18 – Prior complaint
In the event of a dispute, you must first contact the company’s customer service by email or telephone (email: / Tel: ../.), Monday to Friday except public or non-working days, from (10 a.m. to 12 p.m. and from 2 to 5 p.m.).
Article 19 – Court of competent jurisdiction
In the absence of an amicable agreement, you can seize the court for any litigation relating to the existence, the interpretation, the conclusion, the execution or the breach of the contract as well as on all the documents related to this contract.
The competent court will be that of the place of domicile of the defendant (article 42 of the code of civil procedure) or that of the place of the actual delivery of the thing or the execution of the provision of service (article 46 of the code of civil procedure) .
Article 20 – Applicable right
This contract and the GCS governing it are subject to French law.