Effective 07/10/2024
ARTICLE 1 - Scope of application
TheseGeneral Terms and Conditions of Sale (known as the "T&Cs") apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the https://www.pellet-asc.fr. The Products offered for sale on the site are the following:
"Shower seats", "Grab bars", "Bathroom and toilet accessories", "Sanitary equipment"
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website https://www.pellet-asc.fr which the customer is required to read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
These T&Cs are accessible at any time on the https://www.pellet-asc.fr website and will take precedence over any other document.
The Client declares that he or she has read these T&Cs and accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the https://www.pellet-asc.fr. website
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact information is as follows:
PELLET ASC, SAS
Share capital of 1,578,200 euros
Registered with the Lyon Trade and Companies Register under the number 39042519700030
Zi de Chapotin - 240 rue des Frères Voisin - CS 270048 69967 Chaponnay cedex - France
Email: communication@pellet-asc.fr
Phone: +33(0) 4 78 96 82 20
Intra-Community VAT Number FR21390425197
The Products presented on the https://www.pellet-asc.fr website are offered for sale in the following territories: Europe (excluding Switzerland and the United Kingdom).
In the event of an order to a country other than mainland France, the Client is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs or other local taxes or import duties or state taxes may be payable. They will be the responsibility and sole responsibility of the Client.
ARTICLE 2 - Prices
The Products are supplied at the prices in force on the https://www.pellet-asc.frwebsite, when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax and including tax.
The prices take into account any discounts that may be granted by the Seller on the https://www.pellet-asc.fr. website
These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right, outside the validity period, to modify the prices at any time.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Client upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is the Customer's responsibility to select on the https://www.pellet-asc.fr site the Products he wishes to order, according to the following terms:
The Customer chooses a Product that he puts in his basket, a Product that he can delete or modify before validating his order and accepting these general terms and conditions of sale. They will then enter their contact details or log in to their space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Client according to the terms and conditions provided.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the https://www.pellet-asc.fr site constitutes the formation of a contract concluded at a distance between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 4 - Payment terms
The price is paid by secure payment, according to the following terms:
Payment by credit card
The price is payable in cash by the Client, in full on the day the order is placed.
The Seller shall not be obliged to deliver the Products ordered by the Client if the Client does not pay the Seller the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Client will be delivered in metropolitan France or in the following area(s):
Europe excluding Switzerland and the United Kingdom.
Delivery is the transfer to Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above.
When the Client has himself undertaken to use a carrier that he chooses himself, the delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier who has accepted them without reservation. The Client therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.
The Client is obliged to check the condition of the products delivered. He has a period of 48 hours from delivery to make complaints by mail or via the contact form on the site by selecting the subject "e-commerce order", accompanied by all the related supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these T&Cs.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Client will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good."
The right of withdrawal can be exercised online, using the contact form or using the withdrawal form available in Appendix 1, or any other unambiguous statement expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be returned. The return costs remain at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt, by the Seller, of the Products returned by the Client under the conditions set out in this article.
ARTICLE 8 - Seller's liability - Guarantees
The Products supplied by the Seller benefit from:
·of the legal guarantee of conformity, for Products that are defective, damaged or do not correspond to the order
·the legal warranty against latent defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use
"The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility. »
"The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- whether it has the qualities that a buyer can legitimately expect in the light of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
"The action resulting from the lack of conformity shall be time-barred after two years from the delivery of the goods."
"The seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
In order to assert its rights, the Client must inform the Seller, in writing (email or post), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.
Seller will refund, replace, or repair any Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or hidden defect. This refund can be made by bank transfer or cheque.
The Seller cannot be held liable in the following cases:
·non-compliance with the legislation of the country to which the products are delivered, which it is the responsibility of the Customer to verify,
·in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
·the photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
The warranty period is 10 years unless otherwise stated on the product sheet and technical sheet.
This contractual warranty covers the following situations: defects in materials, machining or assembly. The Seller's liability is limited to the pure and simple replacement of the goods recognized as defective by its technical services.
This warranty is excluded if the customer makes or has third parties make changes to the products.
The customer return of products under warranty is always carried out by the customer and at his expense. No postage due is accepted unless previously agreed. The supply of spare parts necessary for the normal use of the product is ensured for 2 years from the date on which the marketing of the said product is discontinued.
ARTICLE 9 - Personal data
The Client is informed that the collection of his/her personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the performance of the sales contract.
The personal data that is collected on the https://www.pellet-asc.fr website is as follows:
Last name, first name, postal address, telephone number and email address.
As part of the payment for the Products offered on the https://www.pellet-asc.frwebsite, the latter records financial data relating to the Customer's/user's bank account or credit card.
Personal data is reserved for the sole use of the Seller and its employees.
The data controller is the Seller, within the meaning of the Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
The Seller will keep the data collected in this way for a period of 5 years, covering the time of the statute of limitations of the applicable contractual civil liability.
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
In accordance with the regulations applicable to personal data, Customers and users of the https://www.pellet-asc.fr website have the following rights:
·They can request the update or deletion of their data They can request the deletion of their account
·They can exercise their right of access to know the personal data concerning them
·They may request the portability of the data held by the Seller to another service provider
·They may object to the processing of their data by the Seller
In the event of a refusal to grant the Client's request, the latter must be justified.
The Client is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Client may be asked to tick a box under which he/she agrees to receive informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the https://www.pellet-asc.fr site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These T&Cs and the transactions resulting from them are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.
The Client is informed that it may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the mediator appointed is:
Consumer mediator FEVAD
BP 20015 – 75362 PARIS CEDEX 8
https://www.mediateurfevad.fr/
E-mail: mediateurduecommerce@fevad.com.
The Client is also informed that he or she may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these T&Cs and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of ordinary law.
ANNEX I - Withdrawal form
Date______________________
This form must be completed and returned only if the Client wishes to withdraw from the order placed on https://www.pellet-asc.fr unless excluded or limited to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
Attn: SAS, PELLET ASC
Zi de Chapotin - 240 rue des Frères Voisin - CS 270048 69967 Chaponnay cedex - France
I hereby notify the withdrawal of the contract relating to the following property:
- Order from (indicate date)
- Order Number: ...........................................................
- Customer Name: ...........................................................................
- Customer's address: .......................................................................
Signature of the Client (only in case of notification of this form on paper)