Terms and Conditions of Sale
1. Introductory dispositions
a) Legal notice
In order to meet the requirements of the Law On Confidence in The Digital Economy of 21 June 2004, is set out hereafter the legal notice required to allow the identification of the editor of this website.
This website is edited by company Jules C. Binder SA France, SA with a capital of 90000 €, registered under no. 808 929 954 00010 at the RCS (Trade Register) of THONON-LES-BAINS, and having its registered office at 6 rue du Parc, 74100 ANNEMASSE.
Intercommunity VAT number : FR 30 808 929 954.
The publication director of the website is Jean-Bernard BINDER.
The managing editor is Jean-Bernard BINDER.
This website is hosted by 772424.com, having its registered office at Chemin Petit Cabri - Le Tholonet - 13100 Aix-en-Provence, to be reached at: +33 1 42 92 05 40.
This website is free of access and of charge for all users. It is a website selling products.
c) Acceptance of the terms and conditions of sale
Acceptance of an agreement governed by these terms and conditions with the editor of this website presumes acceptance by the user of the said terms and conditions of sale. The user acknowledges that he has read and has fully understood these terms and conditions set forth. This acceptance shall be done when the user ticks the box corresponding to the following sentence: "I accept the terms and conditions set forth herein".
Thus, by ticking the box, it will be deemed to have the same value as a handwritten signature by the user. The user shall recognize the evidential value of automatic recordings of the editor of this website and unless the contrary is proved by him, he waves all his rights in case of dispute.
The acceptance of these terms and conditions presumes that the users enjoy the legal capacity to proceed accordingly, or if they have authorization from a guardian or trustee if incapable, or from their legal representatives if they are minors, or a warrant if acting on behalf of a legal entity.
2. Terms of orders and purchasing process
Goods are subject to stock availability, indicated on the website, in the descriptive sheet of each item.
To meet the requirements of the Law On Confidence in The Digital Economy of 21 June 2004, below is indicated the ordering process:
To place an order, the user can select one or more goods and add them to his cart. When the order is finished, he shall access to his cart by clicking the button provided for this purpose. By consulting his cart, the user shall have the opportunity to check the number and type of products he has selected and will check the unit price as well as the overall price of the order. He shall be able to remove one or more goods from his cart. On this summary will also be indicated to the user the possible option to or not to exercise his right of withdrawal and the time limits which herewith applies.
If the order suits him and that he is willing to confirm it, the user can click on the submit button, he then will have access to a form where he can either enter his login if he has already one, or register online by filling in any personal information in the online form.
Once he is connected or after he has perfectly fill in the form, the user will be prompted to check or change his shipping and billing information, to read and accept the current terms, to confirm his order and to make his payment being redirected for this purpose on the secure payment interface.
The website editor undertakes to acknowledge electronic receipt to the user no later than 24 hours once payment is actually received.
Similarly, within the same frame, the editor undertakes to send to the user an electronic summary of the order, to confirm him the process and to give him the relevant informations about the order.
3. Prices of the goods, taxes and delivery charges
Prices shown on the website are agreed in Euros, all taxes included, and excluding shipping costs. These prices can be changed anytime by the editor, the prices indicated on the website are valid on the order date and have not effect on the future.
Shipping fees shall, in any event, be indicated to the customer before any payment.
In case of delivery outside the European Union and French Overseas Departments and Territories (Dom-Tom), the user is informed that custom duties and other taxes are due. Required formalities and payment of such duties and taxes are not of the responsibility of the editor and in any event, shall be borne by the user. It is therefore incumbent upon the latter to verify all these information as well as the possibility of importing the good from the relevant authorities of the country of delivery, before any order on the website.
Sold goods remain the editor’s property until full payment of the purchase price pursuant to this retention of title clause. The risk is still being transferred to the customer after the delivery of the goods.
4. Payment information
The user shall place an order on this website and make the payment by credit card, check, transfer, paypal.
The credit card payments are made via secure transactions provided by the bank: HIPAY.
As part of credit card payments, the editor of this website has access to none of the data relating to the payment of the customer.
Delivery times as defined in the article below shall start to run from the effective date of reception of the payment by the seller, which can be proved by any means. If the editor does not receive the customer’s payment within eight days from the order, the order will be cancelled and the products put back on sale on the website.
Failure to make a payment by its due date to the editor shall be subject to the payment of penalties equivalent to three times the rate of legal interest plus 40 euros for the recovery costs. These penalties will be effective on the day after the due date of unpaid amounts, without prior notice.
5. Delivery and availability
a) Delivery time
Orders are delivered via DPD, or any carrier appointed by the editor within 5 working days after the full payment is received.
Some goods or order volumes may however justify a higher delivery time, this shall be expressly stated to the attention of the user during the confirmation of the order.
b) Delivery error and visible defect
The customer undertakes to verify that the compliance of the good with the order upon delivery. Any delivery error compared to the order or a visible defect shall be subject to a claim within three clear days following the delivery. After this delay, the good will be deemed received in conformity by the user, who shall no longer rely on a delivery error or a visible defect.
c) Damage and partial loss
In case of the delivery of a clearly and visibly deteriorated package, incomplete or damaged, it is the user’s responsibility to refuse the package to benefit from the guarantee offered by the carrier. The user must also inform immediately the editor so that a new package shall be prepared and delivered upon receipt of the damaged package in return. In such cases, the delivery time as stated above in these terms and conditions no longer apply.
6. Right of withdrawal and customer service
a) Customer service
The customer service of this website shall be accessible monday through friday de 8am to 18pm by phone at +33 4 26 10 10 26 (toll-free number), by email at [email protected] or directly at Jules C. Binder SA France, 6 rue du Parc, 74100, ANNEMASSE. In the latter two cases, the editor undertakes to answer within two business days.
b) Right of withdrawal and return of the goods
The consumer has the right to withdraw from this contract without giving any reason, within fourteen days.
The withdrawal period ends fourteen days after the day you, or a third party other than the carrier and indicated by you, take possession of the goods or the last good.
To exercise the right of withdrawal, you must notify us your decision to withdraw from this contract through a clear statement (eg letter sent by mail, fax or email). You can use the model form provided, but it is not mandatory.
The cost of returning the goods that cannot normally be returned by post because of their nature will be indicated by the editor prior to the conclusion of the contract.
In order to meet the withdrawal period requirement, you only need to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
c) Return of the goods
If you withdraw from this contract, we will refund all payments received from you, including shipping (excluding additional costs arising from the fact that you have chosen, if applicable, a delivery medium other than the least expensive method of standard delivery proposed by us) without undue delay and in any event not later than fourteen days from the day we are informed about your decision to withdraw from this contract. We will refund using the same payment method that you have used for the initial transaction, unless you expressly agree to a different way; in any event, the reimbursement will not cause cost to you. We may withhold reimbursement until we have received the goods or until you have provided evidence of shipment of the good, whichever is the earliest of these facts.
You will need to return or make good, to ourselves without undue delay and in any event not later than fourteen days after you have contacted us your decision to withdraw from this contract. This deadline is met if you send back the goods before the expiration of the fourteen day period.
Your responsibility is taken only in respect of the depreciation of property resulting from the handling other than
7. Product warranty purchased on this website
In case of the defectiveness of a good purchased on this website, the user has, in accordance with the provisions of the article 1641 of the French Civil Code concerning legal warranty against hidden defects, a period of two years after the defect is discovered to request cancellation of the sale or reduction of the purchase price in accordance with Article 1644 of the Civil Code, and, pursuant to Article L217-1 of the French Consumer Code, in the event that the delivered good does not comply within the meaning given to that word by the aforementioned article, the consumer will have a period of two years from the reception of the good to request a repair or an exchange subject to conditions of cost in accordance with the article L217-9 of French Consumer Code. The consumer is exempted to prove the good’s lack of conformity during the twenty-four months following delivery (six months for second-hand goods).
To exercise any of these rights, the customer has to contact the customer service of the editor.
Some items purchased on this website are entitled, in addition to the warranty against hidden defects defined by the French Civil Code and the guarantee of full compliance required by Article L217-4 of the French Consumer Code, which are, if any, still applicable and which are defined above, to a conventional warranty offered by the seller or the manufacturer, whose term will likely vary depending on the good, and will be as well detailed in the descriptive sheet and the instructions for product use. If a commercial guarantee applies, the guaranty will be given through a written contract, a copy of wich will be forwarded to the buyer.
8. Special provisions regarding the nature of some goods
All goods sold on this website are sold in compliance with laws and regulations in force in France. Mandatory displays required by laws and regulations in force will be done on this website, including in the descriptive sheet of each item.
9. User account
Creating a user account is a prerequisite to any order from a user. To this end, the user will be asked to provide some personal information. The user undertakes to provide accurate information under penalty of termination of the agreement by the editor and of deletion of the user account.
Some information will be deemed essential to the execution of the agreement and their collection will be essential to the account creation and the conclusion of the agreement. The refusal by a user to provide such information will effectively prevent from the creation of a user account and, incidentally, the confirmation of the order.
This account allows the user to consult all its orders on the website, and also enables him, if necessary, to track the delivery of the goods purchased on the website.
This account allows the user to consult all its orders on the website, and also enables him, if necessary, to track the delivery of the goods purchased on the website.
The editor of this website shall not be liable if the data contained in the user account were to disappear as a result of unforeseeable circumstances, a technical failure or in case of force majeure, this information having no probative value but only an informative character. The editor undertakes however to keep securely all contractual elements whose conservation is required by law or regulations.
The editor reserves the exclusive right to cancel the account of any user who may have breached these terms and conditions (including, but that example being non-exhaustive, when the user has knowingly provided false information at the time of the account registration and creation) or when the account has been dormant for at least one year. Such withdrawal shall not likely constitute damage for the banned user who shall not claim any compensation as a result.
This exclusion shall not exclude the possibility, for the editor, to take legal action against the user, when justified.
When creating the user account, a password shall be chosen. This password is the security of the confidential information in the account and it is prohibited to transfer or communicate it to a third party. Failing this, the website shall not be held liable for unauthorized access to the user account.
10. Legal disclaimer
a) Access to the website and force majeure
If unable to access the website, because of technical problems or any kind, the user shall not be entitled to injury and to claim any compensation.
The unavailability, even prolonged period without any limitation, of one or more goods, shall not be constitutive of harm to the user and shall not possibly claim compensation from the website or its editor.
The editor will in any circumstances be held liable for breach of contract which may result from a case of force majeure within the meaning given to it by French courts.
b) Visual representation of the goods
Visual representations of the goods published on this website are guaranteed by the editor as perfectly reflecting reality, in order to fulfill the obligation of perfect information. However, given the current state of the art, the rendering of these representations especially in terms of color or shape, can vary substantially from one workstation to another or differ from the reality that the quality of graphics and accessories screen or by resolution of the display. These variations and differences may in any circumstances be attributed to the editor who shall in any circumstances be liable therefore.
c) Goods sold on the website
The editor undertakes to comply with all applicable provisions in force in France and shall not be held liable for non-compliance with regulations and laws in force in other countries.
The editor of this website shall in any circumstances be held liable for misuse of the goods, of improper maintenance of the goods, of accidental damage or excessive use of goods.
As part of its activity on this website, the editor has not the quality of importer, manufacturer or packager of the goods sold on the website. The editor only acts as a reseller of goods offered on this website, as such he shall not be held liable for any damages of any kind, whether tangible or intangible, that may result from poor service of the goods sold on the website.
The goods offered for sale on the website being sold uninstalled, the user undertakes to perform the installation of the goods in accordance with all the proper rules and the instructions.
The hyperlinks on this website may refer to other websites and the editor of this website shall not be liable if the content of these websites contravene the laws in force. Similarly, the editor of this website shall not be liable if the visit by the user of one of these websites shall harm him.
11. Newsletter of the editor and partners
By ticking the box provided for that purpose or given his express agreement to that end, the user accepts that the editor sends him at a determined frequency and format a newsletter which may include information about its activity.
When the user ticks the box provided for that purpose, he agrees to receive commercial offers from the editor of this website for products and services similar to those ordered.Subscribed users have the option to unsubscribe from the newsletter by clicking the link provided for that purpose, in each newsletter.
Similarly, the user that has accepted the submission of personal information (including email address) to third party partners of this website by ticking the box provided for that purpose, may receive newsletters issued by these partners, for commercial purposes or otherwise, at a determined frequency and format.
The user has at any time the ability to unsubscribe by clicking the link provided for this purpose, available on each of newsletter issued by the said partners. Otherwise, the user has the option of unsubscribing through direct contact with the sender(s) of those newsletters. The editor of this website shall in no event be held liable for any content, data or forms of newsletters sent by partners, regardless of the harm allegedly suffered by the user. Protests must be made directly from the sender of the newsletter.
12. Provisions regarding the French Data Protection Act
a) General - Purpose - Term
The user shall have the free option of providing personal information concerning him. Providing personal information is not required for browsing the site. However, registering on this website requires the collection by the editor of some personal information about the user. If the user does not wish to provide the information needed to create a user account, he shall not be able to order on this website.
The collected data are necessary for the proper administration of the services offered on this website and for a proper compliance with the editor’s contractual obligations. These data are stored by the editor solely in this purpose, and the editor shall undertake not to use them in another context or transfer them to third party, except express agreement of the users or otherwise specified by law.
Contact information for all users registered on this website is stored maximum period of 12 months from the deletion of the user account, a reasonable delay necessary for the proper administration of the website and of a normal use of these data. These data are kept under secure conditions, according to the current means of the technique, in accordance with the provisions of the French Data Protection Act of 6 January 1978.
b) Right of access, rectification and opposition
In accordance with the French Data Protection Act, the user has a right to oppose, query, access and rectify the data he has provided. To achieve this, he simply sends a request to the editor of this website, by email at [email protected], or by mail to the registered address of the editor mentioned at the head of these terms and conditions.
Personal data collected shall be processed by computer and are exclusively reserved to the website editor.
The controller is Jean-Bernard BINDER.
French data protection authority (CNIL) registration number: 1839249
c) IP address
In addition, the editor reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously; it will be retained during the same period as the personal information and are only for the proper administration of the services proposed on this website. The IP address refers to a series of numbers separated by points enabling the sole identification of any computer on the Internet.
The editor shall provide all the personal data about a user to the police (on summons) or any person (by a judge’s ruling). The IP address of your computer can be compared with the actual identity of the subscriber owned by the ISP (Internet service provider)./p>
13. Legal notice relating to the collection of cookies
a) General – Purpose - Term
To allow the user a better browsing on this website and better service of the different interfaces and applications, the editor shall proceed with the implementation of a cookie on the computer terminal of the user. This cookie is used to store information about the website’s browser (date, page, hours) as well as any data entered by the user during his visit (search, login, email, and password). These cookies are meant to be kept on the workstation of the user for a variable period up to 12 months, and may be read and used by the editor at a subsequent visit of the user on this website.
b) Right to object to the implementation of a cookie
The user has the ability to block, modify the retention period, or delete the cookie through the browser interface (usually: tools or options/privacy or confidentiality). In such case, browsing this website shall not be optimized. If the systematic disabling of the cookies on the browser of the user prevents him/her from using some services or features provided by the editor, this dysfunction shall not, in any circumstances, constitute damages to the user who shall not claim any compensation thereof.
c) Deletion of the cookies
The user shall also have the option to delete cookies previously on the computer by going to the menu of the browser for this purpose (usually: tools or options/privacy or confidentiality). Such act has no impact when browsing this website, but loses all the benefit provided by the cookie to the user. In this case, he shall have to capture again all his personal information.
14. Intellectual property relating to the items of the website
All items of this website belong to the editor or are subject to an authorization of use and are protected by intellectual property laws.
The user therefore shall recognize that, without authorization, any copy of one or more of these items or portion thereof and any publication or use of one or more of these items, whether or not modified, will likely be prosecuted by the editor or any assigns, heirs or successors.
This protection shall include all text and graphic contents of the website, but also structure, computer programs, name and corporate identity.
Similarly, the user acknowledges to be informed that these terms and conditions template was officially registered by a bailiff and that any reproduction, even a portion thereof, of this document may be prosecuted for commercial free-riding.
15. Terms and conditions and governing law
a) Modification of the terms and conditions
These terms and conditions are subject to change at any time by the website editor or representative. The terms and conditions applicable to the user are the ones in force the day of his order. The editor naturally undertakes to keep all his previous terms and conditions and to send them to any user who requests it.
b) Governing law and jurisdiction
These terms and conditions are subject to the French Law and to the exclusive jurisdiction of French courts. The agreement language is French; all foreign-language versions available on the website are just for information. Similarly, this website shall be translated into various languages to facilitate the browsing for non French-speaking users who wish to order on the website.
IN CASE OF DISPUTE WITH A CUSTOMER BEING A MERCHANT WITHIN THE MEANING GIVEN TO IT BY FRENCH COURTS, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN WHOSE JURISDICTION THE EDITOR IS ESTABLISHED.
c) Amicable settlement of disputes
Unless law and order provisions, all disputes that may arise in connection with the execution of these terms and conditions shall, before any legal action, be submitted to the website editor’s discretion in view of an amicable settlement. It is expressly stated that any request for settlement shall not suspend any deadline allowed for prosecuting.
If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions which shall remain in full force and effect.
e) Non waiver
The failure by the editor to not require temporarily or permanently a waiver of any stipulation of these terms and conditions shall not constitute a waiver of the remaining terms and conditions.
If a consumer wants to cancel his order, he can use the form below.
CANCELLATION OF ORDER
(Return this form only if you wish to withdraw from the contract.)
To Jules C. Binder SA France, 6 rue du Parc, 74100 ANNEMASSE.
I undersigned, declare to cancel the order below:
∗ Order made on/received on : ........................................................
∗ Name of the consumer : ..........................................................
∗ Consumer address : ............................................................
CONSUMER SIGNATURE (if the form is sent by post mail): : ....
∗ Date : ..........................................................