Between:
Company name C&S COEDITION
Legal status SARL
capital €50,000
Head Office 71 Avenue Bosquet
75007 Paris
FRANCE
Phone: 0180055098
E-mail: contact@coedition.fr
Website: www.coedition.fr
VAT intra-Community: FR35 793 959 396
Siret: 793 959 396 00011
And:
THE CUSTOMER, or anyone doing a purchase on the website www.coedition.fr
The purpose of these general conditions of sale is to establish the rights and obligations of the parties in connection with the online sale of the goods offered by COEDITION and therefore apply, without restriction or reservation, to all orders made by the customer on the website www.coedition.fr
Any order taken for a product appearing in the COEDITION web shop requires prior consultation of these general conditions of sale.
You can only order if you accept all the provisions provided below.
All orders will be governed exclusively by these general conditions of sale, excluding any other conditions of purchase.
The validation click that you execute after completing your purchase order constitutes confirmation of your order and will be deemed irrevocable acceptance of these terms and conditions. It will express your final consent to contract with COEDITION for the products you have selected subject to your right of withdrawal as referred to in article 12 and the possible application of the provisions of article 10 of these terms and conditions.
PREAMBULE
The offer of this e-shop is offered by COEDITION
- Presentation of the essential characteristics of the proposed goods and services.
Indication of the total price to be paid for the goods and services offered is in Euro, including all taxes. The prices indicated do not include the contribution to the shipping costs.
- Details of payment, delivery or execution.
- Existence of a right of withdrawal.
- Duration of the offer and price.
Prior to placing the order, the customer acknowledges having read all the above mentioned information and the general terms and conditions of sale.
The customer, before ordering the product, declares that the acquisition of the product is not directly related to his professional activity, their acquisition being reserved for personal use on his part.
As a consumer, the customer therefore has specific rights, which would be called into question if the products acquired in the context of the electronic shop were in fact related to his professional activity. It also declares having the legal capacity to engage under these general conditions.
1-Subject
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in this electronic shop by COEDITION
COEDITION reserves the right to modify at any time the present general conditions of sale by publishing a new version on the site, without notice to its customers. The Customer acknowledges having read the general conditions of sale before placing an order. The general sales conditions applied will be those in force on the date of validation of the order.
2-Supply coverage
The geographical coverage area of the COEDITION shop’s offer is as follows:
– France
3-Contract documents
This contract consists of the following documents:
– these general conditions of sale.
– the purchase order.
4-Taking orders
The Customer can place an order on the COEDITION Site once he has filled in his identifiers. He can add all the Products identified as available in his shopping basket by means of the corresponding button, which will be indicated on the Site.
The shopping cart remains available and modifiable at any time until final validation of its purchase order by the Customer (hereinafter the “Order”).
Once the contents of their shopping cart have been validated, the Customer can confirm their Order by completing the following steps:
Confirm the selected Products and quantities;
Complete all information requested by the Site;
Accept these General Conditions of Sale without reservation, by clicking on the button indicated;
Validate the payment, by clicking on the button indicated.
The validation of the Order by the Customer’s “double click” means acceptance of the prices and characteristics of the Products purchased on the Site, as well as of these Terms.
The Customer is fully responsible for the accuracy of the identification and delivery information it provides to COEDITION by placing Order on the Site. In the event of an error resulting in a delay in delivery, COEDITION cannot be held responsible and any additional costs would be borne by the Customer.
5-Order confirmation
The conclusion of the contract will only occur at the time of confirmation of the order by COEDITION. The customer will receive by e-mail an acknowledgement of receipt confirming the order with all the elements constituting the contract (products ordered, prices, shipping costs, etc.)
COEDITION reserves the right not to confirm an order for any reason, including either a problem with the supply of products or a problem with the order received.
6-Duration of the offer
The offers contained in this site are valid as long as the products related to them remain online and until depletion of stocks.
7- Price – Invoice
Prices are expressed in Euro. The guaranteed price to the buyer is the one displayed on the site at the time of purchase. The price fixed at the time of purchase is firm and definitive. It does not include participation in the delivery charges charged in addition and which will be indicated in the order confirmation.
For delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore indicated VAT included.
No other customs duty or VAT will be payable for delivery within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalogue.
For a delivery outside the European Union, the customer will have to pay customs duties, VAT or other taxes due on the occasion of the importation of the products in the country of the place of delivery.
The related formalities are also the sole responsibility of the customer, unless otherwise stated. The customer is solely responsible for verifying the import possibilities of the ordered products in accordance with the law of the territory of the country of delivery. An invoice will be drawn up by COEDITION. The customer will have to specify the sending address of the invoice.
8-Payment
Payment of the full price is due upon order. The customer undertakes to pay the price stipulated for the product ordered on the Site (price of the products and the transport) as well as to settle or have paid, if necessary, directly to the freight forwarder or carrier, the customs duties, VAT or other taxes due on the importation of the goods into the country of the place of delivery.
The customer pays his order by credit card as offered on the Site. The customer guarantees COEDITION that he has the necessary authorizations to use the card payment method when taking orders.
9-Default – Retention of Title
The ordered products remain the property of COEDITION until the final and full payment of their price in accordance with the terms of law no. 80 335 of 12 May 1980. COEDITION reserves the right to claim the ordered products in the event of non-payment.
In this hypothesis and on the first request of COEDITION, the customer undertakes to return any unpaid product, all expenses at his expense.
10-Transfer of risks
The transfer of risks to the customer occurs as soon as the products are handed over by COEDITION to the carrier. The products travel at the risk and peril of the customer. It is the same in case of shipment or return of products made free of port. During the withdrawal period mentioned in Article 15 below, the customer is responsible for the product as a custodian. If the product is damaged or destroyed during the customer’s custody, the customer will suffer all the consequences.
11-Execution of the order
The order will be executed as soon as possible and in any case no later than 30 days following the confirmation of the order subject to the availability of the ordered product and unless specifically agreed between the parties.
In case of out of stock or unavailability of the ordered product, COEDITION undertakes to inform the customer as soon as possible and to specify a period of availability.
The customer will confirm by e-mail his choice either to wait for the availability of the product or to get a refund.
12-Delivery
The Products are delivered to the address indicated by the Customer when placing his Order on the Site. The Client must verify the completeness and compliance of the information it provides to COEDITION. The latter cannot be held responsible for any errors of entry or missing information and the consequences in terms of delay or delivery error. In this context or in the context of a delivery impossibility, all costs incurred for the redirection of the order will be entirely borne by the Customer.
If he finds anomalies, he must refuse delivery of the products or issue handwritten, precise and dated reservations. These reservations must be confirmed with the carrier by registered letter with acknowledgement of receipt within three (3) business days of delivery of the products. A copy will be sent to COEDITION.
13-Force majeure
Express are considered as cases of force majeure, in addition to those usually adopted by the jurisprudence of the French courts and tribunals, – total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason, government or legal restrictions, computer failures, blocking of telecommunications including networks and especially the Internet. The occurrence of a case of force majeure will initially suspend the execution of the order as of right. If, beyond a period of three (3) months, the parties observe the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
14-Withdrawal of products in case of absence of the customer
In case of absence of the consignee at the time of delivery, the carrier will deposit a notice of passage to the delivery address indicated by the customer. Products must be withdrawn at the address and in the manner indicated by the carrier.
In case of failure to withdraw within the time limits set by the carrier, the products will be returned to COEDITION which reserves the right to refund the price of the products, the shipping costs remaining at the customer’s expense.
15-Claims
Claims for non-compliance of the product or products delivered with the order must be made in writing directly to COEDITION immediately upon receipt. The customer must keep the packaging and delivery slip. In case of error on the product, the customer undertakes to return said product or the products concerned within 7 days of their receipt to COEDITION on condition that they are returned without opening their packaging, in their original condition and packaging with accompanying documents.
Upon receipt of the product in due form, COEDITION will return, at its expense, the product originally ordered.
16-Right of withdrawal
The customer has, within 14 working days from the delivery of his order, a right of return, at his expense, for exchange or refund, of the products that do not suit him according to article L 121–16 of the French Consumer Code.
If this period expires on a Saturday, a Sunday or a public holiday, it shall be extended until the next working day. The returned product must be in its original condition and packaging. It must not have been used, or have undergone any deterioration whatsoever and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalties, with the exception of delivery costs.
17-Guarantee
To avoid any inconvenience the products are checked by COEDITION before shipment. However, the customer has a contractual guarantee against all defects that could present the product delivered for a period of 3 months from delivery subject to normal use and in accordance with the recommendations set out in the documents Product and Operating Instructions attached. In any case, the products sold benefit from the legal guarantee against hidden defects provided for in articles 1641 and following of the Code
Finally, some products benefit from an extended warranty. In these cases, the warranty terms and duration are specified in the warranty card delivered with the product. This does not cover damage, breakage or malfunction due to non-compliance with the safety precautions.
For the implementation of the guarantee, the customer returns the product to COEDITION at his expense by attaching the original invoice. The product will be exchanged for an identical product and sent to the customer at the expense of COEDITION, except in case of a shortage of stock or disappearance of the product of the range offered by COEDITION. In the latter case, COEDITION will refund the price of the product to the customer.
18–Personal information
The personal information requested from the customer is essential for the processing and routing of orders, the preparation of invoices and any guarantee agreements. For these purposes, this information may be communicated to COEDITION’s contractual partners.
The client may object to such communication and in accordance with the law “Informatique et libertés” (Law of 6 January 1978), he has a right of access, Modification, rectification and deletion of the data concerning it by contacting COEDITION 71 avenue Bosquet, 75007 Paris
19-Electronic Signature
The “click to validate” is an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
20-Proof
Computerized records kept in COEDITION’s computer systems under reasonable security conditions shall be considered as evidence of communication, 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.
21-Intellectual property
COEDITION owns the intellectual property rights on the site. Consequently, the partial or total reproduction, on whatever medium, of the elements composing the site and the catalogue, their use and their provision to third parties are strictly prohibited.
22- Full contract
These general terms and conditions of sale express all the obligations of the parties.
No other general or special conditions communicated by the customer may be integrated or derogate from these general conditions.
23-No waiver
The fact that COEDITION does not invoke a breach by the customer of any of its obligations could not be interpreted as a waiver of the obligation concerned and to invoke that breach later.
24-Nullity
If one or more stipulations of these General Terms and Conditions is held to be invalid or declared to be invalid pursuant to any law, regulation or final decision of a competent court, the other stipulations will retain their full force and scope.
25-Dispute
This contract is subject to French law, both for the substantive rules and for the rules of form.
IN THE EVENT OF DISPUTE AND IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, EXPRESS JURISDICTION SHALL BE CONFERRED ON THE COURTS OF THE JURISDICTION OF THE JOINT REGISTERED OFFICE, NOTWITHSTANDING ANY APPEAL BY GUARANTEE OR PLURALITY OF DEFENDANTS, EVEN FOR EMERGENCY PROCEDURES OR PRECAUTIONARY PROCEDURES IN THE CASE OF A REFEREE OR A REQUEST.