Introduction
The online store of the Sunglasses-Sports.com website was created by the E-Ben company, which operates this site. Any order placed for a product of the online store of the Sunglasses-Sports.com website implies that the customer has first read these standard terms. In consequence, the customer acknowledges that he has been perfectly informed of the fact that his acceptance of these standard terms does not require his handwritten signature of this document insofar as the customer wishes to order products from the website’s store online.
The customer may save or print these standard terms. Note he shall be solely liable for making a back up copy and printing this document.
Prior to placing his order, the customer represents that he buys said products in a personal capacity and not in a professional capacity. The purchase is reserved for his own use. As a customer, he thus has specific rights that would be called into question if the products or services bought on the website were in fact used for his professional activity.
The online store created by the E-Ben company on the website mentions the following information:
· the legal notice that provides a precise identification of the E-Ben company;
· the description of the main features of the goods on offer;
· information on the price of the goods and, where applicable, the costs of delivery, in euro;
· information on the methods of payment, delivery or performance;
· information on the cooling-off right;
· the term of validity of the offer or price;
· terms of termination of the contract when the contract is an open contract or a contract for a term in excess of one year.
All of said information is given in French. The customer represents that he has the full legal capacity to commit himself under these standard terms.
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1: Entire agreement
These standard terms set forth all of the parties’ obligations. To this effect, the customer shall be deemed to have unreservedly accepted all of the terms set forth in these standard terms.
No standard or special term set forth in the documents sent or provided by the customer may be included in these standard terms insofar as said documents are incompatible with these standard terms.
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2: Purpose
The purpose of these standard terms is to define the rights and obligations of the parties in the scope of the online sale of goods and services that E-Ben proposes to the customer.
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3: Contractual documents
This contract is formed by the following contractual documents shown in a decreasing hierarchical order:
· these standard terms;
· the order form.
In the event of conflict between the terms set forth in documents of different rank, the terms of the document of higher rank shall prevail.
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4: Coming into effect - term
These standard terms shall come into effect on the date of signing the purchase order. These standard terms are contractual terms for the time needed to supply the goods and services ordered up to the extinction of the warranties owed by E-Ben.
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5: Electronic signature
The customer’s approval of the purchase order shall constitute an electronic signature which shall have the same value as a hand written signature between the parties.
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6: Order confirmation
The contractual information shall be confirmed by e-mail at the latest upon delivery or, failing confirmation by e-mail, upon delivery to the address that the customer provides in the purchase order. Our audit department must check certain orders. In such case, you will be notified by e-mail of the supporting documents to be sent for final approval of your order.
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7: Proof of the transaction
The data processed registers kept in E-Ben’s IT systems, in reasonable security conditions, shall be deemed to constitute proof of communications, orders and payments made between the parties.
Purchase orders and invoices shall be filed away in a reliable hard copy that may be produced as proof.
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8: Product information
8-a: E-Ben shows the products on sale on its website with the necessary features in compliance with Article L 111-1 of the French Consumer Code, which provides that the potential customer may become acquainted with the essential features of the products that he wishes to buy before placing the final order.
8-b: E-Ben’s offers are valid only within the limit of available stocks.
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9: Price
Prices are quoted in euro and are valid only on the date on which the buyer sends the purchase order. They do not include costs of delivery, which shall be invoiced as a price supplement and specified before the order is approved. Prices include the VAT applicable on the date of the order and any change in the VAT rate shall be automatically passed on to the price of the products of the online store. The entire price must be paid when the purchase order is placed. At no time may the amounts paid be deemed to be deposits or part payments.
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10: Method of payment
To pay for his order, the customer may, at his discretion, avail of all of the means of payment mentioned on the order form, to wit: bank card, cheque, cash payment order and mandat administratif.
The customer warrants E-Ben that he has any authorisations needed to use the method of payment that he chose when he approved the purchase order.
E-Ben reserves the right to suspend all order management and delivery in the event authorisation to pay by bankcard is refused by officially accredited institutions or in the event of non-payment. In particular, E-Ben reserves the right to refuse a delivery or to fulfil an order from a customer who has not paid all or some of a previous order or with whom a dispute related to payment is in the process of being managed. Subject to all legal means concerning the amounts owed, any delay in payment shall give rise by operation of law without need for formal notice to interest on arrears of an amount equivalent to 1.5 times the legal interest rate as from its due date and the balance still owed by the customer shall become immediately payable in full.
The parties expressly agree in the event invoices are not paid on the due date that all costs of private or judicial collection, including those of fees and interest shall be payable by the customer, with a minimum payment of two hundred euros (€ 200).
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11: Product availability
The order shall be fulfilled at the latest within 30 days as from the day following that on which the customer placed his order. If the product ordered is unavailable, in particular, on account of our suppliers, the customer shall be informed of this fact as early as possible and may cancel his order. The customer may then decide to request either that amounts paid be reimbursed within 30 days at the latest of their payment or that the product be exchanged.
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12: Methods of delivery
The products shall be delivered to the address that the customer provides on the purchase order and only in metropolitan France. The customer must check the condition of the packaging of the goods upon delivery and report the damage caused by the carrier on the purchase order as well as to E-Ben, within one week.
The customer may if he wishes ask for an invoice to be sent to the invoicing address and not to the address of delivery by approving the option provided for this purpose on the purchase order.
Regarding postage, we work mainly with Colissimo Suivi or the carrier UPS. In both cases, as soon as we send a consignment, you will be immediately informed thereof by e-mail.
THE FRENCH POST OFFICE
To reduce the costs of transport as best possible, all low or medium bulk products shall be sent through the postal service: Colissimo Suivi. Apart from being economic, this service delivers within 48 hours throughout France and you can collect the products ordered at your post office close to the address of delivery if there is no one to accept delivery at the initial place of delivery when the post person arrives.
In concrete terms, if you are not there on the day of delivery, your post person will leave you a non delivery notice in your letterbox, which will enable you to collect your parcel from your Post Office during opening times within 15 days.
Colissimo Suivi is a very reliable service. However, it may happen, as for any consignment, that there may be a delay in delivery or the product may get lost. In the event of late delivery in relation to the date we mentioned in the e-mail relating to postage, we ask you to report this delay by telephoning us or by sending us an e-mail. We will then contact French Post Office to have an investigation launched. A postal enquiry takes up to 21 days as from the date of the start of the enquiry. If product is found during this time it shall be immediately forwarded again to your home (most cases). If, on the other hand, the product is not found at the end of the 21-day period of enquiry, the French Post Office shall consider that parcel has been lost. It is only then that we can send you a replacement product, at our costs. If the product(s) ordered were no longer available at this time, we shall reimburse you the amount of the products lost by the carrier. If the product(s) were still available, but the sale price had changed on the site, we would apply the new sale prices, either by reimbursing the price difference by cheque or by requesting an additional cheque for this price difference.
We decline any liability for the extension of the delivery time on account of the carrier, in particular, in the event of loss of the products or strike.
UPS
UPS consignments are exclusively for bulk products: crates, volume orders, etc. In the same way as the post person, an UPS carrier will leave a non delivery notice and a telephone number so that you may agree on a delivery appointment with the deliverer on his rounds or go to collect your parcel at your convenience at the closest UPS centre to your home. If you have not received anything within 72 hours following the e-mail of confirmation, do not hesitate to report this fact. We will deal directly with UPS so that they report the loss as quickly as possible (no minimum period) and we may then send another consignment.
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13: Delivery problems on account of the carrier
Any problem with delivery (damage, product missing as per the purchase order, damaged parcel, broken products, etc.) must be mentioned on the delivery slip in the form of “hand written reservations” which the customer must sign. At the same time, the customer must confirm this problem by sending the carrier a registered letter with acknowledgement of receipt with its claims within two (2) working days.
The customer shall send a copy of this letter by ordinary post to: E-BEN, Service Client, 251 Place St Leger 73000 Chambéry.
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14: Delivery mistakes
14-a: The customer shall make any claim relating to a mistake in delivery and/or non compliance of the products in kind or quality as per the information on the purchase order on the very day of delivery and at the latest on first working day following delivery. Any claim made after said period shall be refused:
14-b: The claim may be made to E-Ben by
- first and foremost by calling 04 50 63 21 29 from Monday to Friday from 9 a.m. to 6 p.m.
- by e-mail, specifying your order number.
14-c: Any claim not made as per the rules defined above and within the allowed time limits may not be taken into account and E-Ben shall be released from any liability with regard to the customer.
14-d: Upon receipt of the claim, E-Ben may allocate an exchange number for the product(s) in question and provide them to the customer by e-mail, by fax or by telephone. A product may be exchanged only when the customer has been given an exchange number as per the procedure described above.
14-e: In the event of an error in delivery or exchange, any product to be exchanged or reimbursed shall be returned to E-Ben in its entirety and in its original packaging, by Registered Colissimo, to the following address: E-Ben SAV, La Combetaz 74230 Dingy St Clair. To be accepted, any return must first be notified to E-Ben’s Customer Department.
E-Ben shall pay postage costs unless the product returned is at variance with the original declaration that the customer made in his return slip.
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15: Product warranty
In accordance with Article 4 of Decree No°78-464 of 24 March 1978, these standard terms cannot deprive the customer of the statutory warranty that obligates the professional seller to provide a warranty covering the consequences of the hidden defects of the product sold.
The customer is expressly informed that E-Ben does not manufacture the products shown on the website within the meaning of Act No. 98-389 of 19 May 1998 relating to liability on account of defective products.
In consequence, in the event of bodily injury or material damage caused by a defect in the product, the customer may hold the manufacturer thereof solely liable on the basis of the information mentioned on the packaging of said product.
The terms of the manufacturer’s warranty and the warranty period are mentioned on the product sheets. Considering the frequency at which parts of technical products are renewed, E-Ben may, on request, inform the customer of the availability of product spare parts proposed and ways of obtaining them, if need be.
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16: Cooling off right
The customer has a 30-calendar day cooling off period as from receipt of the order to return the products that do not suit him at his expense. This period runs as from the day of delivery of the customer’s order. Any return must be first reported to E-Ben’s Customer Department: -first and foremost by calling 04 50 32 78 08 from Monday to Friday from 9 a.m. to 6 p.m.; - by e-mailing us your order number. The product shall be given a return number. The product should be returned by Registered Colissimo to Combetaz’s Customer Care Department, 74230 Dingy St Clair
Only products in their entirety, in their complete and intact original packaging and in a perfect condition for resale may be returned. Any product that is damaged or whose original packaging has been damaged shall not be reimbursed or exchanged.
Said cooling off right shall be exercised, without penalty, apart from the return costs. If the cooling off right is exercised, the customer may ask for either a reimbursement of amounts paid or the exchange of the product. In the event of an exchange, the new product shall be posted again at our expense.
If the cooling off right is exercised, E-Ben shall make all efforts to reimburse the customer within 15 days.
The customer shall then be reimbursed either by his bank account being re-credited (secured transaction) or by cheque. Unless E-Ben makes a mistake upon delivery, the postage costs shall not be reimbursed.
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17: Use rights
The rights to use the E-Ben software and the software that it distributes shall be granted to the customer on a non-exclusive, personal and non-transferable basis in accordance with the French Intellectual Property Code.
However, under Article L122-6-1 of said Code, the customer shall have a reproduction right exclusively for the purpose of making a back-up copy when needed to preserve the use of the software.
In any event, the software writer shall retain a proprietary right to his work, which the customer undertakes to respect.
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18: Force majeure
Neither of the two parties shall breach its contractual obligations insofar as the fulfilment thereof is delayed, hindered or impeded by an accidental case or a force majeure event. An accidental case or a force majeure event means any irresistible, unforeseeable, inevitable facts or circumstances beyond the parties’ will and unrelated to the parties, which they cannot prevent, despite all reasonable efforts possible. The party affected by such circumstances shall notify the other party thereof within ten working days following the date on which it has knowledge thereof.
Both parties shall then meet within one month, unless this is impossible on account of the force majeure, to examine the impact of the event and to agree on the conditions in which the performance of the contract shall be continued. If a force majeure event lasts more than three months, the injured party may terminate these standard terms. Force majeure events or accidental cases are expressly considered, in addition to force majeure and accidental case as defined by the case law of the French courts of appeal and lower courts, to include:
· the blockage of the means of transport or supplies, earthquakes, fires, storms, floods, lightening
· the stoppage of telecommunication networks or difficulties specific to the telecommunications networks external to the customers.
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19: Partial non approval
If one or more of the terms of these standard terms are held to be invalid or declared to be such under a law or a regulation or following a final decision of a court with jurisdiction, the other terms shall still be valid.
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20: Non waiver
The fact that one of the parties does not invoke another party’s breach of any one of the obligations set forth in these standard terms cannot be interpreted in the future as a waiver of the obligation in question.
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21: Title
In the event of any difficulty in interpretation between any one of the titles of the clauses and any one of the clauses, the titles shall be declared not to exist.
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22: Governing law
These standard terms shall be governed by French law. The same shall apply for the substantive rules and for procedural rules. In the event of a dispute or claim, the customer shall first contact E-Ben to seek an amicable solution.
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23: Data protection
In accordance with the French Data Protection Act of 6 January 1978, you have a right to access, correct, modify and delete information about you. You may exercise this right by sending us a letter to the following address: E-Ben, Service Marketing, La Combetaz 74230 Dingy St Clair.
The automated processing of personal information on the Sunglasses-Sports.com website has been declared to the Commission Nationale de l'Informatique et des Libertés.
By express agreement, in the event invoices are not paid on the due dates, all private or judicial collection costs, including those of fees and interest shall be payable by the customer, with a minimum payment of two hundred euros (€ 200).
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24: Retention of title
These terms shall apply notwithstanding any other provision to the contrary.
Pursuant to the Act of 80-335 of 12 May 1985, E-BEN shall retain title to property sold until the price thereof has been paid in full. The non-payment of any one of the bills shall entail the immediate claim for the goods and studies. These provisions shall not prevent transfer to the buyer as from delivery of risks of loss and damage to the goods sold as well as of the damage that they may cause.
An estimate shall be made based of the loss in value of the goods. The customer shall bear the costs of returning and dismantling of the product. The buyer may re-sell the goods sold subject to the retention of title in his normal business. He shall then assign all of his rights against the buyer to E-BEN. Any studies, layout and documents provided by E-Ben shall remain its exclusive property and must be returned to it upon request, without being disclosed to third parties, except with its written authorisation.
Official purchase order sent by post
French National Data Protection Commission |
