ARTICLE 1 - GENERAL DISPOSITIONS
These general conditions apply in their entirety, without restriction or reservation, to all sales of products (hereinafter referred to as "Products") concluded by our company, AKRONE, SAS with a capital of 6,667 Euros registered at the R.C.S. of Nantes under number 808 936 611 located at 3 rue Dugommier 44000 NANTES (hereinafter referred to as "AKRONE" or "we") to customers (hereinafter defined and designated as "you") via the Internet site https://www.akrone.fr/ ('Website'' or 'Site'). They are the essential and decisive conditions and prevail over all other general conditions and documents, whatever the terms. Also, any order you send to us through the Website implies the full acceptance of these terms and conditions. These terms and conditions are subject to change by AKRONE. The fact that we do not avail ourselves at any time of a prerogative will not be worth waiving that prerogative.
"THE CGVs are written in French and this French version takes precedence over any possible translation"
ARTICLE 2 - CUSTOMERS
The sale of our Products online is reserved only for persons aged 18 and over with legal capacity, who purchase Products for their own use and outside of any resale or distribution activity of the Products.
ARTICLE 3 - ACCES AND SITE UTILISATION
You are doing your personal business of setting up the IT and telecommunications means to access the Website. You keep the telecommunications costs of accessing the Internet and using the Site. You agree to use the Website in accordance with all applicable regulations. In particular, you do not interfere with or harm the operation of the Website, our servers and our networks in any way.
ARTICLE 4 - PRODUITS CARACTERISTICS - DISPONIBILITE
Offers on the Website are valid within the limits of available stocks and production capacity of the Products. We reserve the right to withdraw Products from sale at any time. Photographs, drawings, presentation videos, diagrams, or plans, illustrating the Products, are only indicative and do not fall within the contractual scope. Some similar dimensions, weights and descriptions are approximate and are given for convenience only. We strive to faithfully display the colors of the Products; however, the color that can be seen on the Site depends in particular on the screen used and may not be accurate.
In accordance with Article L.111-1 of the Consumer Code, you can, prior to your order, read, on the website or by email firstname.lastname@example.org, essential features and availability of the products you want to order. You choose the Product you order, including your needs, the quantities and colours chosen, under your sole responsibility.
If there is an option to customize the product, it is up to you to verify the accuracy of the information provided for this purpose. We cannot be responsible for any error on your part in the customization of the product, which is excluded from the framework of the guarantee of compliance.
We strive to provide you with real-time information on product availability. If the products ordered are unavailable, we will inform you as soon as possible and we will offer you a product of equivalent quality and prices. If you refuse, we will refund the price of the Products, no later than 30 (thirty) days of payment of the sums you may have paid.
ARTICLE 5 - ORDERS
To place an order on the Website, you must first either create an account on the Website by completing a form or identify yourself if you have already created your account. Orders are placed online on the Website using our form, after filling out the basket and indeting all the features (e.g., color, quantity, etc.) of the Product. The order is then materialized by the complete completion of the ordering process planned on the Website, namely:
- Product selection, quantity and potential colour, then click "Add to the Basket"
- Possible stage of product customization
- Click on "Commander"
- Identifying, creating a customer account or connecting to your customer account
- Indication of a promotional code if necessary
- Selecting the delivery location and delivery method
- Check the parts of the order, and correct errors if necessary
- Selecting the billing address and payment method
- Click on the box "I read and I accept the terms and conditions"
- Confirmation of order
Your final validation of the order is an electronic signature that has, between us and you, the same value as a handwritten signature and is worth (i) due the amounts due under the order, and (ii) signature and express acceptance of all operations carried out via the website. Confirmation of the order carries the full acceptance of these Terms of Sale and is proof of the sales contract.
Subject to the possible exercise of your right of withdrawal, any sale will be considered concluded only after your payment validated and sent by us an email confirming the acceptance of the order. The benefit of an order is personal to you and cannot be transferred without our consent. We reserve the right to refuse or suspend any order in the event of (i) dispute over the payment of an earlier or in the process of processing, (ii) of a non-compliant delivery address and/or (iii) abnormal nature of the order, especially in the case of order for unusual quantities and/or amounts for an end consumer.
You agree that our exchanges can be done by e-mail. We recommend that you keep all the information exchanged, especially in the context of the order and communications enters on a paper or computer document. Computerized records kept in our computer systems and/or those of our partners will be considered valid evidence of communications, orders and payments.
ARTICLE 6 - PRE-ORDERS
We can offer some products for pre-order. These products can be booked before they are available in stock, and are listed as such on the Site. The availability date of the Products is given only as an indication and does not commit us. If the product is designed or manufactured, we are committed to informing you as soon as possible.
The price and delivery fee will have to be paid in cash at the time of pre-order, under the conditions Article 9 - PAYMENT CONDITIONS of these. Delivery will be made under article 10 conditions.
You can cancel your pre-order until the pre-ordered product is shipped. You will then have to inform us with an express statement that is not ambiguous. In this case we undertake to refund all amounts paid under the contract, no later than 14 (fourteen) days after receiving the cancellation declaration.
As of the shipment of the pre-ordered product, you will be able to exercise your right of withdrawal under the conditions Article 12. Any pre-ordersboth on a custom product according to your request excludes any cancellation or exercise of the right of withdrawal.
ARTICLE 7 - COLLABORATIONS
We can design, manufacture and market specific products through collaborations with certain companies, associations, groups or administrations. These products are then exclusively reserved for people belonging to these structures, and holders of a CONFIDENTIAL code allowing access to the Product card and to place an order. Any holder code prohibits disclosure to an unauthorized person. Any order or pre-order of a product resulting from a collaboration or customized according to your request excludes any cancellation or exercise of the right of withdrawal.
ARTICLE 8 - PRICE
The prices of the products and shipping costs are those mentioned on the website when confirming the corresponding order and on the confirmation email sent by us. The prices and postage mentioned on the website are only valid for delivery in metropolitan France. For any other delivery location outside metropolitan France, you should refer to the delivery options offered at the time of order.
Delivery costs Unless otherwise specified in your order, Product prices do not include shipping costs, which are charged in extra charge and indicated when the order is finally validated.
VAT : Product prices are expressed in Euros and All Taxes Included (i.e. a Value Added Tax (VAT) at the rate in effect on the day of the order and applicable to any customer resident of the European Union). However, if you are delivered to a country outside the European Union, you are the importer of the products or products concerned. Tariffs or other local taxes or import duties or state taxes may be payable. They will be your responsibility and your full responsibility, both in terms of declarations and payments to the relevant authorities and//or agencies of the country concerned.
Changes : We reserve the right, which you agree to, to change the selling prices of the products and/or the shipping costs at any time, without any formality. These changes will not affect orders that we would have accepted before these changes came into effect, subject to the availability of the affected products.
ARTICLE 9 - TERMS OF PAYMENT
The price of the products and the delivery fee are payable in cash at the time of order, including in case of pre-order, by bank card (CB, Visa, MasterCard), bank transfer, PayPal or by cheque accompanied by a copy of the ID. You guarantee that you have the necessary authorizations to use the chosen payment method.
The payment will be considered to be made and the order confirmed only when the bank payment centers concerned, have given their agreement and we have validated the order. If the payment centre and us accept the payment payment fee, we will notify you by emailing confirmation of the order. If the settlement is refused, the order will be automatically cancelled, without being entitled to any compensation for your benefit, and we will inform you.
ARTICLE 10 - DELIVERY
Products ordered in accordance with these terms and conditions will be delivered to the address listed as a delivery address when you order. No delivery will be made to an address corresponding to a hotel or other accommodation, to a non-fixed home (including mobile homes, caravans, campsites), remaining post office, post office, or to a collective place where an individual address cannot be clearly and sustainably attributed to a natural or legal person. You are solely responsible for the accuracy of the address provided. Any parcels that are returned to us because of an incorrect or incomplete delivery address will be re-shipped at your expense. You also provide a phone number that you can be reached with during delivery. Any defect of the number or absence during delivery will result in the inability to cancel the order or avail itself of a delay in delivery.
Delivery consists of the transfer of physical possession or control of the product to your benefit. If ordered by several Products, and unless there is a specific agreement to the contrary, all the products ordered will be delivered in one go. We are committed to making our best efforts to deliver the products to you on time that we have indicated when validating your order. However, these deadlines are only communicated as an indication.
If the Ordered Products have not been delivered within 60 days of the scheduled delivery date, for any cause other than force majeure or your fact, you may first order us to execute us within a reasonable time, by recommended letter. with notice of receipt or by writing on another durable support, and then request the resolution of the contract if the delivery has still not been made at the end of this additional period, on the same terms. We will then reimburse you all the sums paid, no later than 14 days after the date of the declaration of the contract, excluding any other compensation.
It is imperative that you check the apparent condition and compliance of the Products when receiving your order, in the presence of the carrier if necessary. You have three (3) days from delivery to make any reservations or claims to us, for apparent non-compliance or defects of the products delivered, by recommended letter with notice of receipt or e-mail, or through the form available to you on the Site, accompanied by all proofs. In the absence of a proper claim and past this deadline, the Products will be deemed compliant and we will no longer be able to accept any claims.
ARTICLE 11 - PROPRIETE TRANSFER AND RISK TRANSFERT
The transfer of ownership of the Products will only be carried out after payment of the price, regardless of the date of delivery of the so-called Products. From the time of delivery, you alone bear the risks that the Products could suffer or cause, for any cause, even in case of force majeure, fortuitous cases or by a third party. We are deemed to have fulfilled our issuance obligation as long as the products are delivered to the agreed delivery place with you. However, in accordance with Article L. 216-5 of the Consumer Code, when delivery is provided by a carrier you have chosen, the risks of loss or damage to the Products are transferred to you when they are delivered to the carrier.
ARTICLE 12 - RIGHT OF WITHDRAWAL
In accordance with Articles L. 221-18 and following of the Consumer Code, you have 30 days from receipt of the Product to exercise your right of withdrawal, without having to justify your decision or pay a penalty. The right of withdrawal must be exercised through the withdrawal form as an appendix to these Terms of Sale, or any other statement that is unambiguous and expresses your willingness to retract.
You will then be required to return the products in their original packaging and in perfect condition at The following address : 5 rue Boileau 44000 Nantes , no later than 14 (fourteen) days after your retraction is communicated. All return costs will be left to your expenses.
Depending on your wishes, we are committed to:
- Exchange products initially ordered and delivered with Products an identical price Of your choice
- You will reimburse all sums paid in connection with the performance of the contract - excluding return costs - no later than 14 (fourteen) days after the product is recovered or proof of its shipment by you if necessary, by the same means of payment as that used in the initial transaction. The reimbursement of delivery costs is limited to the amount of the cheapest delivery method we offer.
In accordance with Article L. 221-28 of the Consumer Code, any order or pre-order of a product that has been personalised at your request excludes any exercise of the right of withdrawal.
ARTICLE 13 - GARANTIES
13.1 Legal guarantees
The products we sell comply with the regulations in force in France. They are entitled to the legal guarantee of compliance under Articles L. 217-4 and following of the Consumer Code and the Hidden Defects Guarantee under Sections 1641 and following of the Civil Code.
|Under the compliance guarantee, we are required to deliver a property consistent with your order, as defined in Section L. 217-5 of the Consumer Code. If you would like to implement this guarantee, we remind you that you:
We guarantee against hidden defects alike from a material, design or manufacturing defect affecting the products and that may render them unsuitable for use. Under this guarantee, you can choose between the resolution of the sale and the reduction of the price, in accordance with Article 1644 of the Civil Code, subject to acting within two years of the discovery of the defect.
We inform you that we cannot guarantee the availability of spare parts.
13.2 Commercial guarantee
In addition to the legal guarantees recalled above, AKRONE watches benefit from a commercial guarantee lasting thirty-six months from the date of purchase. The rights under this guarantee are presented in the document available online: [https://www.akrone.fr/conditions-de-garantie/].
13.3 Exercise of guarantees
If you wish to put at stake a legal or commercial guarantee, you must inform us by sending us an email to email@example.com or by completing the form online, and by attaching all supporting documents (e.g. photographs). We remind you that any warranty cannot be implemented, and we will not be responsible in particular in the following cases: (i) misuse, negligence, accident or failure to care or maintain; (ii) normal wear or ageing of the product; (iii) indirect or consecutive damage of any kind; (iv) flight, loss, natural disasters or any Force Majeure.
After verification of the product and the application of the warranty, we undertake to implement the warranty in accordance with the applicable conditions as soon as possible. The return costs will be at our expense in this case, upon presentation of the proofs.
ARTICLE 14 - PERSONAL CARACTERE DONNEES
AKRONE's commitments to protect personal data are detailed in the personal data protection policy. For more information, visit the corresponding section on the Site [https://www.akrone.fr/reglement-general-sur-la-protection-des-donnees/].
ARTICLE 15 - LITIGES
These conditions are governed by French law. In the event of a dispute, you, as a consumer, have the option, before any legal action, to resort to a conventional mediation procedure or any other alternative method of dispute resolution.
APPENDIX 1: RETRACTION FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of AKRONE:
I hereby notify you of my retraction of the contract for the sale of the property below:
Ordered on ()/received on(O):
(*) Scratch unnecessary mentions.
Consumer name: ............................................................................................................
ANNEXE 2: LEGAL DISPOSITIONS
Article 1641 Civil Code: "The seller is bound by the warranty because of the hidden defects of the thing sold that make it unsuitable for the purpose for which it is intended, or which so diminish that the buyer would not have acquired it, or would have given only a less price, if he had known them. »
Article 1644 of the Civil Code: "In the case of sections 1641 and 1643, the purchaser has the choice of returning the thing and getting the price back, or keeping the thing and getting a part of the price returned."
Article 1648 al 1 Civil Code: "The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect."
Article L216-5 Consumer Code: "When the consumer entrusts the delivery of the property to a carrier other than that proposed by the professional, the risk of loss or damage to the property is transferred to the consumer when the property is delivered to the Carrier. »
Article L217-4 Consumer Code: "The seller delivers a property in accordance with the contract and responds to existing compliance defects at the time of issuance.
It also responds to non-compliance resulting from packaging, assembly instructions or installation when it has been paid for by the contract or has been carried out under its responsibility. »
Article L217-5 Consumer Code: "The property complies with the contract:
(1) If it is suitable for the usually expected use of a similar property and, if so:
If it matches the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
If it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) Or if it presents the characteristics defined by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the seller has accepted."
Article L217-9 Consumer Code: "In the event of a non-compliance, the buyer chooses between repairing and replacing the property.
However, the seller may not proceed according to the buyer's choice if the choice results in a cost that is clearly disproportionate to the other modality, given the value of the property or the size of the defect. He is then obliged to proceed, unless impossibility, according to the modality not chosen by the buyer. »
Article L217-12 Consumer Code: "The action resulting from non-compliance is prescribed by two years from the time the property is issued."
Article L221-18 Consumer Code: "The consumer has 14 days to exercise his right to withdraw from a contract concluded remotely, following a telephone or out-of-establishment canvassing, without having to justify his decision or other than those in Sections L. 221-23 to L. 221-25.
The time frame mentioned in the first paragraph is short from the day:
(1) From the conclusion of the contract, for the contracts for the provision of services and those mentioned in Article L. 221-4;
(2) The receipt of the property by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For non-establishment contracts, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a property consisting of multiple batches or parts whose delivery is staggered over a defined period of time, the period is short from the receipt of the last good or lot or the last piece.
For contracts that provide for the regular delivery of goods for a defined period of time, the period is short from the receipt of the first good. »
Article L221-19 Consumer Code: "In accordance with Regulation 1182/71/ Council Regulation of 3 June 1971 determining the rules for deadlines, dates and terms:
(1) The day the contract is concluded or the day the property is received is not counted within the time limit mentioned in Article L. 221-18;
(2) The deadline begins to run at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the deadline;
(3) If this period expires on a Saturday, Sunday or a public holiday or unemployed holiday, it is extended until the next working day. »
Article L221-28 Consumer Code: "The right of withdrawal cannot be exercised for contracts: [...] (3) The provision of goods made to consumer specifications or clearly customized; »