General Terms of Sale of Products Marketed via the Online Site
These terms and conditions of sale apply to all sales made on the website peinture-color-design.fr
The legal and coordinated elements are:
Status: Self-enterprise COLOR DESIGN PATRICK HAVARD headquartered:
10 Prairie Street - zi la prairie - the lock of the craftsmen - 91140 Villebon on Yvette
Tel: 09.50.08.14.79 - Fax: 09.55.08.14.79
Email address: email@example.com
The site markets paint products in aerosols and potted for automotive bodywork, industry and decoration.
The customer states that he became aware of and had accepted the terms and conditions of sale prior to the ordering. The validation of the order is therefore worth accepting the terms and conditions of sale.
Article 1 - Principles
These terms and conditions express the full obligations of the parties. They form the sole basis of the commercial relationship between the parties, and in that sense the purchaser is deemed to accept them without reservation.
These terms and conditions of sale prevail over any other document, including any general terms of purchase. They apply, without restriction or reservation, to all services rendered by the seller to buyers.
The seller and buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to change his terms and conditions on an ad hoc basis. They will be applicable as soon as they are posted online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector of which the companies are based in France.
These terms and conditions of sale are communicated to any buyer who requests them, in order to allow them to place an order.
Article 2 - Content
The purpose of these terms and conditions is to define the rights and obligations of the parties in the online sale of the goods and products offered by the seller to the buyer.
These conditions concern only purchases made on this website and delivered exclusively to metropolitan Corsica and Corsica and The European countries of Zone A.
Article 3 - The order
The buyer placed his order online, from the online catalogue and through the form on the site.
In order for the order to be validated, the buyer will have to accept, by clicking on the place indicated on the site, the following terms and conditions. Its acceptance will result in the seller sending a confirmation email, in accordance with the conditions described below.
The buyer will have to choose the address and the method of delivery. Payment is made by credit card, Paypal account, wire transfer or bank cheque.
Any order is worth accepting prices and descriptions of the products available for sale. Any dispute on this point will arise in the context of a possible exchange and the guarantees mentioned below.
In some cases, such as default, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
If a product is not ordered is unavailable, the buyer will be informed by email.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.
For any questions about tracking an order, the buyer can:
- call the following number: 09.50.08.14.79 (cost of a local call), on the following days and times:
Monday to Friday from 9 a.m. to 5 p.m. or
- send an email to: firstname.lastname@example.org
Article 4 - Electronic signature
The online provision of the buyer's bank details and the final validation of the order will be worth proof of the buyer's agreement. This will allow the seller to obtain the due payments due under the purchase order and it will be worth signing and express acceptance of all transactions performed.
In case of fraudulent use of bank details, the buyer is invited, upon the observation of this use, to contact the seller by calling him at the following number: 09.50.08.14.79 , or by sending him an email to the following address: email@example.com
Article 5 - Confirmation of order
Contractual information will be confirmed by e-mail no later than the time of delivery or, failing that, at the address indicated by the buyer on the purchase order.
Article 6 - Proof of the transaction
Computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7 - Product Information
The products governed by these terms and conditions are those listed on the seller's website and are listed as sold and shipped by the seller. They are offered within the limits of available stocks.
Specially manufactured products such as paint bombs and paint jars on demand cannot be picked up or exchanged except in the event of a paint code error in the manufacture.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with respect to this presentation, the seller could not be held liable.
Photographs of the products are not contractual.
Article 8 - Price - Calculation
The seller reserves the right to change its prices at any time but agrees to apply the prevailing rates indicated at the time of the order, subject to availability on that date. Prices are shown in euros. They do not take into account the delivery fee, charged in addition, and indicated before the order is validated. VAT is not applicable on the peinture-color-design.fr website and prices are charged tax-free given the self-employed status of seller Patrick HAVARD art. 293B of CGI VAT non-applicable.
The payment of the entire price must be made at the time of the order. At no time can the payments be considered a deposit or a down payment.
The buyer will be able to benefit from the special discounts and rebates if necessary, depending on the specific conditions specified during the order and possible promotions.
Article 9 - Payment method
This is an order with payment obligation, which means that the ordering involves a payment from the buyer. The order is settled at the time of validation.
The buyer settles his purchase by choosing one of the means of payment offered to him, bank card, Paypal account, in secure payment SSL in HTTPS, the order can be processed immediately following the receipt;
By cheque or bank transfer, the order remains awaiting payment and will be processed only after cashing.
Article 10 - Product availability and delivery
Shipping times are those indicated when the payment is validated.
Delivery times depend on the choice of the carrier chosen by the buyer and are given as an indication and starts from the following day in France (metropole and Corsica), for any order validated in the afternoon.
In the event of a delay, the seller cannot be liable for any cause. Therefore, no claim of any kind can be claimed by the purchaser.
If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the choice of either requesting a refund of the sums paid within 30 days of their payment or the exchange of the product by another.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer will have to ensure its accuracy. Any parcels returned to the seller due to an incorrect or incomplete delivery address will be re-shipment at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the purchase order.
If the buyer is absent on the day of delivery, the delivery driver will leave a notice of passage in the mailbox, which will allow the parcel to be picked up at the location and during the specified time.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (colis refused because open or damaged) and possibly take pictures of the parcel or list the number of the parcel, the name of the carrier and the recipient.
The buyer must indicate on the delivery voucher and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery voucher, damaged parcel, broken products ...).
This verification is considered to be carried out as long as the buyer, or a person authorized by him, has signed the delivery order.
The buyer will then have to confirm by registered mail these reservations to the carrier no later than two business days after receiving the item or items and send a copy of the mail by fax or simple mail to the seller at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be requested back from the seller within 14 business days of delivery. Any claim made outside this time limit will not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions...).
Article 11 - Right of withdrawal
The buyer must make any claim of delivery error and/or non-compliance of the products in kind or in quality to the seller on the day of delivery or no later than the first working day following delivery. Any claim made beyond this time will be rejected.
All paint products or aerosols made especially by color design at the buyer's request will not be taken back or exchanged in any way given the specificity of each shade and that for each paint code ordered, we always manufacture the standard shade called mother hue, knowing that there are very often variants that we cannot appreciate without a sample.
For other products any return will be possible after acceptance of the seller.
The claim can be made, at the buyer's choice:
- by contacting the seller at the following phone number:09.50.08.14.79
- using the following email address: firstname.lastname@example.org
Any claim not made in the rules set out above and within the time limit will not be taken into account and will relieve the seller of any liability to the buyer.
Article 12 - Product Guarantee
The seller guarantees the buyer against any failure to comply with the services and any hidden defects, a result of a failure to design or provide such services to the exclusion of any negligence or fault of the buyer.
In any event, in the event that the seller's liability is retained, the seller's guarantee would be limited to the HT amount paid by the buyer for the purchase of the property.
Article 13 - Force majeure
Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, are considered to be reasons for exoneration from the obligations of the parties and result in their suspension.
The party who invokes the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Any irresistible facts or circumstances, outside the parties, unpredictable, inevitable, beyond the will of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts, will be considered as a case of force majeure. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of French courts and courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks outside customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, these terms and conditions may be terminated by the aggrieved party.
Article 14 - Partial non-validation
If one or more clauses of these terms and conditions are declared invalid or declared invalid under a law, regulation or as a result of a final decision of a competent court, the other clauses will retain their full strength and scope.
Article 15 - Non-renouncement
The failure of one party to avail itself of a breach by the other party of any of the obligations covered in these terms and conditions cannot be construed in the future as a waiver of the obligation at issue.
Article 16 - Applicable Law
These terms and conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Agreement.
If they fail to do so, the parties will refer the matter to the Commercial Court.
Use of personal data
The purpose of personal data collected from users is to make the website's services available, improve them and maintain a secure environment. Specifically, the uses are:
- user access and use of the website
- managing the operation and optimizing the website;
- verification, identification and authentication of data transmitted by the user;
- proposal to the user of the possibility to communicate with other users of the website;
- implementing user support;
- personalizing services by displaying ads based on the user's browsing history, depending on their preferences;
- prevention and detection of fraud, malware (malicious software or malware) and security incident management;
- managing any disputes with users;
- sending commercial and advertising information, based on the user's preferences.
Security and privacy
The website implements digital security organizational, technical, software and physical measures to protect personal data from unauthorized tampering, destruction and access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementing user rights
Under the regulations for personal data, users have the following rights, which they can claim at: email@example.com
- they can update or delete their data by logging into their account and setting up the settings of that account;
- they can delete their account, by writing to the following email address: firstname.lastname@example.org
It should be noted that information shared with other users, such as posts on forums, may remain visible to the public on the website, even after their account has been deleted;
- they can exercise their right of access, to know the personal data about them, by writing to the following email address: email@example.com
In this case, prior to the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the website is inaccurate, they can request the information to be updated, by writing to the following email address: firstname.lastname@example.org
- users can request the removal of their personal data, in accordance with applicable data protection laws, by writing to the following email address: .
Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If an amendment is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also notify users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new drafting of the personal data protection clause, he has the option to supprhyme his account.