CONDITIONS GÉNÉRALES COURANT
The simplified joint-stock company COURANT (hereafter, "COURANT" or the "Company") publishes an e-commerce platform and website called mycourant.com (hereafter, "the Website") accessible at the following address https://mycourant.com
The Company's main contact details are as follows:
- Customer service of the Website: 02 41 27 28 00, email@example.com, 36 boulevard de l'industrie 49000 Angers - France
- Customer service: 02 41 27 28 00, firstname.lastname@example.org, 36 boulevard de l'industrie 49000 Angers - France
- Website host: IONOS
- Website administrator: Nicolas Courant
The Website’s purpose is to allow Internet users, professionals, and consumers the following:
- Online purchase of climbing equipment (ropes, harnesses, anchors etc.), equipment to protect against the consequences of a fall (brakes, ropes and rappelling harnesses, etc.) as well as various associated accessories (backpacks, safety kits, clothing etc.);
- Access to an online store (the " Customer Account") to place orders, select a Reseller Store and pay for products offered for sale by the Company directly on the Reseller Store's website.
The Website is subdivided into two main categories "Vertical Living” and "Fire and Rescue.”
The list and precise description of the Products offered by the Company can be consulted at any time on the Website. It is specified that the essential characteristics of the Products are described and presented by the Company as accurately as possible.
As a result, the present General Terms and Conditions of Sale govern the relationship between the Company and any Internet user using the Website and/or using the contact form and/or having initiated a purchase process on the Website. Their purpose is to establish a legal framework and define the rules applicable as to how the Website can be accessed and used. The present document also intends to set the terms and conditions applicable as to how the Company provides the Website’s users with the services described below, as well as to define the rights and obligations of the Parties within this framework.
ARTICLE 1: Definitions
For the purposes of interpreting and performing the present Agreement, capitalized terms used herein shall have the following meanings:
Customers: means the Company's contracting partner. The Company's contracting partner can be either a professional or a consumer. This status is defined by the Customer when creating his/her account by expressly selecting a B to B (check box) or B to C (default selection) status .This choice is binding on the Client with respect to the Company.
• Consumer Customer: in this context, the Consumer Customer undertakes, with the Company, when creating his/her Account, to have the status of consumer as defined by French law and French case law. As such, it is expressly admitted that the Customer acts outside of any professional or commercial activity.
• Professional Customer: if Customer acts and uses the Website in capacity as professional, the Professional Customers must have an identification number (SIREN number) (companies, independent contractor, liberal professions, associations, works councils, institutions, and public authorities, etc.) which will be asked for when the Account is created or any other information enabling the Customer to confirm his/her professional status. It is expressly stated that the Professional Customer is acting solely for purposes that fall within the scope of his/her professional activity, and therefore no right of withdrawal exists in favor of the Professional Customer.
Terms and Conditions: Refers to this document entitled "MYCOURANT General Terms and Conditions of Sale”;
Account: Refers to the module set up by the Company, accessible online at the following address https: www.xxxx and allowing users to access general account management information and also select and order a certain number of Products available on the Website.
Product information: refers to the presentation sheet of a Product offered for sale online on the Website.
Internet: Refers to all internationally interconnected networks that allow access to data of all kinds through universalized coding.
Reseller Store: Refers to the Company's partner store (including the Online Reseller Store), freely chosen by the Customer for the completion of the purchase of the Product online and for the physical withdrawal of same. The list of Reseller Stores is available on the Website at the following address https://vertical-living.mycourant.com/fr/revendeurs
The Product is therefore delivered directly by the Company to the Reseller Store’s mailing address. It is specified that any act of purchase initiated on the Website is finalized, after the Customer has selected his/her Reseller Store, on the website of said Reseller Store.
Basket: refers to the summary page of the Products chosen by the Customer as he/she browses the Website with a view to placing a possible order.
Product: Refers to the item(s) available for order on the MYCOURANT Website.
Website: Refers to the website set up by the Company, accessible online at https://mycourant.com. The Website includes the technical and software infrastructure as well as the content, in particular texts, sounds, still or animated images, videos and databases, logos, hypertext links, tree structure and layout, tabs and navigation menu etc.
User: Refers either to the Customer (Consumer or Professional) placing an order on the Website via the Account or just a visitor browsing the Website who, in doing so, must comply with the present General Terms and Conditions.
ARTICLE 2: Purpose of the website’s General Terms and Conditions /Company Obligations/Consumer Customer Status
The purpose of the present General Terms and Conditions is to define the rights and obligations of each of the parties in connection with accessing the Website and purchasing Products on the Website. Specifically, the General Terms and Conditions’ purpose is to define the terms and conditions under which the User is authorized to use the Website as well as the terms and conditions of access and operation of the Services offered by the Company on the Website. They take precedence over any other document that may have been communicated to the Company. All Users hereby acknowledge that the services offered by the Company via the Website are intended to evolve and be modified.
The General Terms and Conditions are applicable exclusively to the online sale of Products on the Website, to which access is free to all Users.
The General Terms and Conditions exclusively govern the contracts for the online sale of the Company's Products to Customers and, together with the online order, constitute the contractual documents binding on the Parties, to the exclusion of all other documents, flyers, catalogues, or photographs of the Products, which are only of indicative value.
The General Terms and Conditions are exclusively applicable to products delivered to Customers established in France and/or in a member state of the European Union.
The General Terms and Conditions, as well as all the contractual information mentioned on the Website, are written in French and English. In the event of contradiction between the different translations, it is expressly acknowledged that only the French version of the General Terms and Conditions shall take precedence.
Access to and use of the Website implies full and complete acceptance of the present Terms and Conditions. All Website Users acknowledge that they are fully informed and that they are bound by all the provisions set forth in the present General Terms and Conditions.
Any condition or provision to the contrary in the General Terms and Conditions opposed by the User will therefore, in the absence of the Company’s express written acceptance regarding same, will be unenforceable against the Company. As a result, the present General Conditions exclude the application of any other document issued by the Customer and more particularly his/her own general conditions of purchase when he/she is a Professional Customer. They therefore prevail over any provisions to the contrary that may be stipulated in the Customer's general terms and conditions of purchase.
The Company reserves the right, at its sole discretion, at any time and without notice, to modify the Website, the services, and the Products or to amend the present General Conditions including the financial conditions in relation thereto.
The General Conditions applicable are those in force during each navigation on the Website.
Any person may use the services offered via the Website provided they are a natural person and of legal age and have the legal capacity to contract.
In addition, the Company reminds all Users that they must have a working e-mail address. In the absence of a valid e-mail address, the Company will be unable to meet its obligations and cannot be held liable for such non-performance. Specifically, the Company will not be able to respond to any requests made on the contact form and will be unable to process any orders placed on the Account.
Finally, the Company reminds you that any order placed via the Account will only be definitively validated once these General Terms and Conditions have been read and accepted by the User. The User thus acknowledges that he/she is fully informed and that he/she is bound by all the provisions constituting the present General Conditions.
Acceptance of the General Terms and Conditions in the form of a "checkbox" at the time of the creation of the Account constitutes proof that the User is aware of the said provisions and constitutes acceptance of the present Terms and Conditions.
Any use of the Website by the User after any changes to the General Conditions constitutes acceptance by the User of the new General Terms and Conditions. The General Terms and Conditions appearing online on the Website prevail over any printed version of a previous date. The User may at any time discontinue the use of the Website but remains responsible for any previous use.
The fact that the Company does not avail itself, at a given time, of a provision of the present General Terms and Conditions shall not be interpreted as a waiver of the right to invoke the same provision at a later date.
In addition, the Company is deemed to have communicated to the Client all the means necessary for the description of the Products offered as well as their related prices. The Customer acknowledges having freely, and under his/her sole responsibility, determined the choice and quantity of Products with regard in particular to the budget that he/she intended to devote to same.
To this end, the Customer declares having obtained all the necessary information concerning the use of the online sales area and the quantitative and qualitative characteristics of the Products offered for sale on the Website.
2.2 Company status and obligations
Beforehand, it is specified that all Products offered for sale on the Website are shipped subject to availability. In fact, the presentation of Products on the Website at a given time does not imply and does not guarantee that these Products will be available at all times. The Company reserves the right to discontinue the sale of any Product at any time.
Once finalized, the User's order constitutes acceptance of the Company's offer, which means that the User confirms that he or she wishes to purchase the Products as described on the Website and on the Product information, that he or she accepts the proposed price and that he or she acknowledges that placing this order implies an obligation of payment on his or her part. Consequently, when the User confirms his/her order, he/she agrees to be bound to the Company by a contract of sale, subject to the availability of the Products and the validation of his/her payment under the conditions set out below.
2.3 Consumer Customer Status
In the event that the Site is used by Consumer Clients, Consumer Clients act as consumers as defined and understood by the French Consumer Code. Purchases made from the Website in this case are intended for personal use and may not be resold, used in a commercial context, or used to make a commercial profit. The Company reserves the right to refuse orders for multiple quantities of the same Product from a single Consumer Customer or orders intended for a single mailing address.
ARTICLE 3: Access to the MYCOURANT Website
3.1 Access to the Website
Access to the Website and browsing are free of charge.
Ordering a Product on the Website (via the Customer Account) is subject to payment.
3.2 Site Availability
The Website is accessible 24/7 (24 hours a day, 7 days a week).
Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying, or transferring information data, the Company uses all reasonable means at its disposal, in accordance with the rules of art, to allow access and use of the Website and the services offered, but is under no obligation to do so. As a result, in view of the hazards linked to the very nature of the Internet network, the Company does not guarantee that the Site will function without interruption and that the servers that provide access to the Website and/or to third party websites for which hypertext links appear do not contain viruses.
The Company shall not be held liable in the event that one or more Users are unable to connect to the Website because of any technical defect or problem.
In particular, the Company reserves the right, without notice or compensation, to temporarily close the Website and access to one or more services included therein, in particular to carry out maintenance operations, updates, modifications or changes to operational methods or a restriction on the hours of accessibility of the Website, without this list being exhaustive.
In the event of temporary or prolonged unavailability of the Website, in particular should “bugs” occur, the Company shall not be held liable for any damages incurred, other than those resulting directly from the non-performance of its obligations listed herein.
The Company shall not be responsible for the proper functioning of the User's computer equipment or his/her access to the Internet. For optimal operation of the Website, the Company recommends that each User use computer equipment with the following minimum system requirements:
- Chrome version 40 and up
- Safari 6 +
- Internet Explorer 9 +
- Firefox 20 +
- iOS 9 +
- Android 4.4 +
The User acknowledges that access to and use of the Website may become impossible should the minimum system requirements not be met on the User’s equipment.
The User acknowledges having verified that the computer configuration at his/her disposal is adequate, does not contain any virus and is in good working condition. The equipment (computer, mobile phone, software, telecommunication systems, etc.) enabling access to the Website are the sole responsibility of the User, as well as telecommunications costs incurred by their use.
In addition, the Company reserves the right to supplement or modify, at any time, the Website and the services made available on same depending on technological developments.
The User remains responsible to ensure that the computer and transmission resources available to him/her can evolve and adapt to changes on the Website.
3.3 Compliance with usage rules
The User can enjoy the various functionalities offered by the Website. In general, the User is prohibited, in the context of the use of the Website, from engaging in acts of any nature whatsoever, such as the drafting, publication and posting online, dissemination and distribution of data and/or content that would be contrary to the law, infringe public order, or the rights of the Company or third parties. In particular, without this list being exhaustive, the User undertakes to respect the following rules when using the Website:
- Not to use a fake identity in order to mislead others and communicate accurate information when using the Website. IT IS REMINDED THAT UPON CREATING AN ACCOUNT, THE USER MUST NECESSARILY CHOOSE BETWEEN 2 STATUSES, EITHER THAT OF PROFESSIONAL CUSTOMER, OR THAT OF CONSUMER CUSTOMER. THIS CHOICE WILL DEFINE THE CONTRACTUAL RELATIONS BETWEEN THE USER AND THE COMPANY;
- To comply with applicable laws and regulation and to observe the rights of third parties, as well as the terms of the present General Terms and Conditions;
- To use the Site in a loyal manner, in accordance with its purpose and in accordance with legal, regulatory, and customary provisions in force;
- To respect the intellectual property rights relating to the content provided by the Company, as well as the intellectual property rights of third parties such as the creator of the Website or, as the case may be, the creator(s) of the Products; consequently, each User shall refrain from reproducing and/or communicating content to the public via the Website, in whole or in part, without the authorization of the holders of the rights relating to such content, when required;
- Not to hijack or attempt to hijack any of the functionalities of the Website outside of its normal use as defined in the present Terms and Conditions;
- Do not overload the Website in any way;
- Not to recover massively and without prior authorization the information contained on the Website;
- Do not use a robot software or any other process or equivalent automated tool to navigate on the Website;
- Do not disseminate data, information or content that would diminish, disorganize, or prevent the normal use of the Website;
- Do not carry out advertising actions without the Company COURANT’s prior and explicit agreement.
In the event of a breach by a User of one or more of the present rules, the Company reserves the right to suspend and/or unilaterally terminate the present General Terms and Conditions and any associated contracts or special conditions and/or to block the orders and/or orders of the User concerned, and/or to block his/her access to all or part of the Website, without any compensation, in accordance with the terms and conditions set out in the section entitled "Security" in the present General Terms and Conditions.
ARTICLE 4: Term of the present General Terms and Conditions
The present General Conditions are enforceable throughout the duration of use of the Website as well as during the ordering phase of a Product on the Website. The General Conditions are also enforceable and binding on the Customer once the Product has been delivered during the entire period the legal deadlines apply (possible withdrawals periods or guarantee on the Product).
ARTICLE 5: Products on the Website
The Products offered for sale presented on the Website are each described in a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code. In this respect, the User certifies that he or she is aware of the costs of delivery of the Product he or she wishes to order as well as the terms of payment, delivery, and performance of the contract.
The photographs illustrating the Products do not constitute a contractual document.
The use of the Products ordered may be governed by instructions for use and safety. The Customer undertakes to read and strictly comply with the instructions for use and security recommendations contained in said documents, including those distributed and updated online on the Website.
The Products comply with the requirements in force concerning the safety and health of persons, fair trading, and consumer protection at the time they are placed on the market. In addition, they comply with the requirements of French law in force at the time they are placed on the market.
Moreover, the Products are offered and delivered within the limits of available stocks.
Should the Product ordered be unavailable, the Company shall immediately inform the Customer. In case of unavailability of a Product, the Company may, at the User’s request:
- Either offer to ship all Products at the same time as soon as the Products that are out of stock are available again,
- Either proceed with a partial shipment of the Products initially available, then with the shipment of the remainder of the order when the other Products are available, subject to clear information concerning the additional transport costs that may be incurred,
- Either offer an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel his/her order for unavailable Products, he/she will obtain a refund of all sums paid for the unavailable Products within thirty (30) days after the payment has been made.
- Intellectual property on the Products available on the Website
All the Products’ visuals directly displayed on the Website (or by its partners, including the Resellers Stores) are protected by one or more intellectual property rights as well as by a right on their image. In this respect, and apart from the exceptions provided for in the French Intellectual Property Code, Users are not authorized to carry out one or more acts of reproduction, imitation, representation and/or reuse, including partial, of the said visuals, for any reason whatsoever and for any use whatsoever without prior request and after express acceptance by the Company.
Any use of the said visuals of the Products without express and prior authorization exclusively granted by the Company may constitute an act of counterfeiting. As such, the Company reserves the right to take legal action before the French courts, which have sole jurisdiction in this matter.
All elements of the Website, whether visual or audio, including the underlying technology, belong either to the Company, one of its service providers and/or one or several of its suppliers. As such, they are protected by copyright, trademarks, or patents.
ARTICLE 6: Order(s) on the MYCOURANT Website
To be able to purchase a Product, the Consumer Customer must be at least 18 years of age.
In order to be able to purchase a Product, the Professional Customer must be able to provide specific information relating to his/her company beforehand when creating his/her Account.
In addition, to purchase a Product, the User (Consumer and/or Professional Customer) must create an account.
The User (Consumer and/or Professional Customer) will be invited to provide information that allows his/her identification by completing the form available when creating an Account.
The User can also check the status of his/her order on the Website. If necessary, deliveries can be tracked using the online tracking tools of certain carriers or certain Reseller Stores. The User may also contact the Company's sales department at any time via the “after-sales service” link on the Website, in order to obtain information on the status of his/her order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The Company reserves the right to ask the User to confirm, by any appropriate means, his/her identity, eligibility, and the information communicated.
The User will have to follow a series of steps specific to each Product offered by the Company in order to complete and finalize his/her order. In this respect, the steps described below are systematically followed:
- Create an account, beforehand (mandatory for any order on the Website);
- User’s information on the Website and at the time of the order concerning the essential characteristics of the Product;
- The User chooses the Product, its possible options and determines its quantity, places it in the Basket, and provides the essential data to place the order of the said Product (identification, address, etc.);
- Once the Products have been selected and placed in the Shopping Cart, the User must click on the Shopping Cart and check that the contents f his/her order are correct. If the User has not yet done so, he or she will then be asked to identify himself or herself or to register.
- Once the User has validated the contents of the Basket and has identified / registered, an online form will be displayed for his/her attention, automatically completed, and summarizing the price, applicable taxes and, where appropriate, delivery charges.
- The User is invited to check the contents of his/her order (including the quantity, characteristics and references of the Products ordered).
- The User then clicks on the "Order" button in order to begin the process of validating his/her order.
- The User chooses his/her Reseller Store that will serve as a delivery point and selects the delivery terms;
- The User completes his/her billing address;
- The User then clicks on the "Continue" button to initiate the purchase process of the Product(s) in his or her Shopping Cart.
- In parallel, the User accepts the present MYCOURANT General Terms and Conditions as well as the conditions of withdrawal that are included therein (valid only for Consumer Customers, in accordance with the legislation in force).
- The User follows the instructions for the payment of the Products and is sent back to a secure payment module.
The placing of the order constitutes a contract of sale between the Company and the User, subject to the availability of the Products ordered and the validity of the means of payment used.
It is specified that neither the order that the User establishes online, nor the acknowledgement of receipt of the order that the Company sends to the User by e-mail constitutes an invoice. Whatever the method of order or payment used, the Customer will receive the original invoice by e-mail after validation of the payment.
Once the process described above has been finalized, the User will receive payment confirmation for the order, exclusively by e-mail, as well as an acknowledgement of receipt of the order confirming same.
For the Products delivered, this delivery will be made to the address indicated by the User knowing that this address will be associated with that of a Reseller Store. Indeed, the delivery of a Product will be made exclusively within a Reseller Store which must be previously chosen by the
Customer during the ordering process. The Reseller Store and/or the carrier shall be deemed to be responsible for the transport and delivery of the Product as soon as it leaves the Company's premises.
In accordance with the provisions of the French Civil Code relating to remote identification, the User undertakes to provide his or her true identification details. The Company reserves the right to refuse the order, for example, for any abnormal request, made in bad faith or for any reason it deems legitimate.
It is up to the User to keep copies of the documents pertaining to his/her order (confirmation emails, delivery emails, General Terms and Conditions, and any other useful document). In addition, if the amount of the order exceeds EUR 120, the Company will keep a copy of the order in its files for the duration provided for by law . During this period, the User may request a copy of his/her order at any time. In this case, the Company reserves the right to invoice the User for the costs of retrieving and sending the requested document.
- Retention of title to Products
The Products present on the Website and ordered by the User remain the property of the Company until full payment of the price by the User having placed the order.
- Product Delivery
The terms of delivery of the Products are described in the Product Delivery Policy, accessible on the Website.
- Payment on the Website
Payment is due immediately upon order validation.
The User must pay by credit card. Cards issued by banks domiciled outside of France must be international bank cards (Mastercard or Visa).
The secure online payment by credit card is made by a third-party payment service provider. The information submitted is encrypted in accordance with best practices and cannot be read during submission on the network. The credit card used for payment will be debited less than a week after the date of the order placed by the User.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment effectuated by card is irrevocable. By communicating his/her bank details at the time of the sale, the User authorizes the Payment Company to debit his/her card for the amount relating to the price duly specified.
The User confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use same. In the event of an error, or if it is impossible to debit the card, the order is immediately cancelled.
During the settlement transaction, the User is automatically connected to the server of the payment service provider's payment processing center. Banking data, protected by encryption, does not pass through the Company's systems (and is therefore not stored). Thus, the Company does not store Users' banking data.
The Company disclaims all liability for any error resulting from the payment system.
If the bank refuses to debit a card or other means of payment, the User must contact the Company's customer service department in order to pay for the order with any other valid payment method.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the User proves impossible, the order will be cancelled, and the sale automatically cancelled.
The personal data communicated by the User enables the transaction to be carried out successfully. Personal data will be recorded and used by the Company in accordance with its privacy and cookie statements as set forth herein. The User authorizes the payment system to keep his/her bank details on behalf of the Company in order to facilitate future orders.
The Company may ask the User, by email or by telephone, for additional information concerning his/her identity (identity card) and the identity of the cardholder used for payment, depending on the amount of the order and the address of the cardholder.
The User has at any time the right to access and rectify the data concerning him/her, collected at the time of payment, provided that he/she makes a request by mail (to the Company's head office) or by e-mail to the following address email@example.com
- Invoicing (VALID ONLY FOR PROFESSIONAL CUSTOMERS)
Any unpaid invoice by the Professional Customer, in whole or in part, on the due date shall automatically entail, without prior notice of default, the payment of all or part of the invoice by said Professional Customer:
• The application of penalties for late payment calculated by applying a rate equal to three times the legal interest rate in force on the outstanding amounts and for a period corresponding to the number of days of delay between the due date stated on the invoice and the actual payment (in value date);
• The legal lump-sum indemnity of forty (40) euros for collection costs, without prejudice to the Company's right to claim additional compensation based on supporting documents;
• Immediate payability of all sums due, regardless of the method of payment provided for.
The Company will also have the right to:
• Notify the termination of the sales contracts concerned. The Professional Customer shall then return the unpaid Products, subject to a retention of title clause, that have already been delivered, at his/her expense and at his/her own risks;
• The Company's right to claim compensation for the loss suffered;
• Refuse any new order or suspend the execution of orders in progress until full payment of the sums due or until the Professional Customer has provided a payment guarantee to the Company;
• In the event that the Professional Client does not observe payment deadlines, the Company reserves the right to modify the payment conditions of said Client.
ARTICLE 7: Product Prices and shipping costs
Product prices are indicated in Euros, including all taxes, and excluding delivery costs. The amount of the delivery charges for each order will be specified to the Customer and added to the amount of the Products before the final validation of the Customer’s order.
It is specified that delivery costs are calculated on the basis of the volume of Products ordered and their type.
The Company's suppliers' prices are subject to change. As a result, the prices listed on the Website may change. They may also be modified in the event of special offers or sales.
The prices indicated on the Website are valid, except in case of gross error. The applicable price is the price listed on the Website on the date the order is placed by the User.
In addition, the Company reminds that at the moment the User takes physical possession of the Products, the risks of loss or damage to the Products are transferred to him/her. It is up to the User to notify the Reseller Store of any reservations about the Products delivered.
ARTICLE 8: Withdrawal periods
8.1 Withdrawal period for the Consumer Customer (VALID ONLY FOR THE CONSUMER CUSTOMER)
The Consumer Customer has a period of fourteen (14) days from receipt of the Products ordered to exercise his/her right of withdrawal and to ask the Company to cancel the order, without having to give any reason or pay any penalties.
This withdrawal period shall run as from the day after the date on which the Consumer Customer (or a third party designated by him/her and who is not the carrier) has (or the third party in question has) physically taken possession of the Product(s).
For orders relating to several Products delivered separately or for orders for a Product made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs as from receipt of the last Product or batch or the last part.
If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
As a reminder, in accordance with the legislation in force, the right of withdrawal does not apply to the following orders:
o The supply of Products that may be made to order or according to the Consumer Customer's specifications or clearly personalized;
o The supply of goods that are likely to deteriorate or expire rapidly.
o The supply of goods that have been unsealed or damaged by the Consumer Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
8.2 Withdrawal period for Professional Customers
Unless the Professional Customer falls within the framework of the three cumulative criteria provided for in Article L. 121-16-1 of the French Consumer Code and is able to evidence same to the Company, THE 14-DAY WITHDRAWAL PERIOD DOES NOT APPLY TO THE PROFESSIONAL CUSTOMER.
ARTICLE 9: Legal Warranties
For any Product sold, the Company is required, with respect to the Consumer Customer, to comply with the legal guarantee of conformity prescribed by Articles L. 217-4 to L. 217-14 of the French Consumer Code, as well as to comply, for all Clients (Consumers and Professionals), with the legal guarantee of hidden defects referred to in Articles 1641 to 1648 of the French Civil Code.
In the event of a lack of conformity and if identical replacement is impossible (size, color or reference sold out), the Consumer Customer may either return the Product and be reimbursed the price (including delivery costs) or accept the Company's proposal for a Product of similar quality and price. The cost of returning the products to mainland France will be borne by the Company.
Also, when the Consumer Customer acts as a legal guarantee of conformity within the meaning of the aforementioned provisions of the French Consumer Code, he or she:
- has a two (2) year period from the date of delivery of the Product to act;
- may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- shall be exempted from furnishing proof of the existence of the lack of conformity of the product for a period of 24 months after delivery of the product.
It is specified that this legal guarantee of conformity applies regardless of the commercial guarantee granted, if any, for the Products.
In the event of a latent defect within the meaning of the law, the Company undertakes, at the User's option, to replace the Product (if the said
Product is available in stock) or to reimburse the Product thus affected (return paid for by the Company), provided that said defect has been reported to the Company within eight (8) days, following the date on which the User should reasonably have discovered same. The cost of returning the products to mainland France will be borne by the Company.
For any claim made in application of the present article "Legal Warranties," the User must contact the Company using the “SAV” tab on the Website. The User should describe the nature of the non-conformity or defect. After validation by the Company, the User will receive an e-mail informing him/her that his/her claim has been registered, specifying the reference number of the Product to be returned, the price of said
Product and the return address.
Any Product return made by the User outside the procedures described above that would generate additional costs to be borne by the Company may be refused by the Company.
The registration of the claim does not constitute an admission of liability by the Company.
Refunds are effected by crediting the User's bank account.
Moreover, it is specified that the provisions of this article cannot exclude the right of withdrawal provided for herein.
ARTICLE 10: Customer Service
If the User needs information about the Website or its services, the User can contact the Company through the contact form, under the tab “SAV” or by sending an email to: firstname.lastname@example.org.
ARTICLE 11: Intellectual Property
The present General Terms and Conditions do not entail any transfer of any kind of intellectual property rights on the elements belonging to the Company for the benefit of the User.
The content of the Site, the general structure as well as the trademarks, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, the Company's know-how and all other elements composing the Site or any other information appearing on it, without this list being exhaustive, are the exclusive property of the Company or of the partners or third parties who have granted a license to the Company, and are protected by intellectual property rights which are or will be recognized in accordance with applicable and enforceable legislation.
Similarly, the Website development remains the Company’s intellectual property.
Reproduction of all documents published on the Site is authorized exclusively for personal and private information purposes. Any other use is strictly prohibited.
Any reproduction and/or representation, in whole or in part, of any of these elements, without the Company’s express authorization is prohibited and would constitute, in particular but not exclusively, an infringement punishable under the provisions of the French Intellectual Property Code.
Consequently, the User shall refrain from any action and any act that may directly or indirectly infringe the Company's property rights.
This section shall survive the termination of this Agreement for any reason or purpose.
The Company reserves the right to claim damages in the event of infringement of its intellectual property rights.
Article 12: Protection of Personal Data
In accordance with Regulation (EU) 2016/679 on the Protection of Personal Data (hereinafter "the Regulation"), the Company COURANT is "controller" for the data collected in the context of the service covered by the present Terms and Conditions. In this capacity, the Company undertakes to comply with the rules and obligations set out in said Regulation.
In particular, the Client is informed that the information he/she communicates to the Company is always essential for the proper performance of the services provided for herein. This information is mainly intended for the Company's internal personnel duly authorized to process same as well as for any reseller partners in charge of the Customer's order.
The Customer also acknowledges that he/she is free to choose the Reseller Store that suits him/her when placing his/her order. When choosing a reseller partner domiciled outside the European Union, the Customer expressly consents to the transfer of his/her personal data to this partner (transfer outside the EU). COURANT and its Reseller Stores therefore undertake to supervise these data transfers, in accordance with Chapter V of the Regulation.
ARTICLE 13: Force majeure
The Company shall not be held liable for any delay or non-performance in the provision of any of the services it offers via the Website, when the cause of the delay or non-performance is due to the occurrence of a case of force majeure such as, in addition to those usually recognized by case law and in particular blockage of telecommunications, Internet blockage, breakdown of equipment broadcasting the Service, fire, water damage, blockage of means of transportation or supply or total or partial strikes.
Should an event of force majeure occur preventing a party from performing all or part of its obligations, the party concerned shall inform the other without undue delay.
A case of force majeure, throughout its existence, suspends the obligations arising from the present General Terms and Conditions. However, if the case of force majeure were to last longer than one (1) consecutive month, it shall give rise to the automatic termination of the present General
Terms and Conditions by operation of law, by either party, eight (8) days after notification by any means of such decision.
ARTICLE 14: Security
The Company makes its best efforts, in accordance with the rules of art, to secure the Website with regard to the risk incurred and the nature of the data processed.
The Website is an automated data processing system.
Users are prohibited from fraudulently accessing or remaining in all or part of the Website. Users shall refrain from using any access method other than the interface provided by the Company. It is recalled in this regard that articles 323-1 et seq. of the French Criminal Code provide for penalties of up to five (5) years' imprisonment and a fine of up to € 150,000:
o Fraudulent access and maintenance in an automated data processing system;
o Hindering the system;
o The fraudulent deletion, modification, or addition of data in the system.
In the event of discovery of such a method or if the User enters a reserved and private space (another User's account, for example), inadvertently and without right or authorization to do so, the User undertakes to immediately inform the Company by e-mail at the following address: email@example.com, so that the Company can take necessary remedial measures.
Likewise, Users are prohibited from deleting or modifying data contained on the Website, or from fraudulently introducing data or even altering the operation of the Website. In particular, Users shall be vigilant as to not introduce viruses, malicious code, or any other harmful technology to the Site.
Any access to a prohibited area will be considered as fraudulent access.
Users undertake to consider that all data they have become aware of while having unauthorized access are confidential data and consequently undertake not to divulge same.
In particular, Users shall refrain from carrying out any operation aimed at saturating a page, bounce-back operations or any operation resulting in
hindering or distorting the proper operation of the Website.
Users undertake not to use any device or software of any kind that would have the effect of disrupting the proper operation of the Website. In particular, Users undertake not to use, in order to navigate on the Website and use its functionalities, any robot software or any other similar automated process or tool.
Users undertake not to take any action that would impose a disproportionate burden on the Website's infrastructure.
Users therefore declare that they accept the characteristics and limitations of the Internet. Users acknowledge that data circulating on the Internet is not protected, especially against possible misappropriations.
Finally, Users undertake to take appropriate measures to ensure the security of their own data and/or software from contamination by viruses circulating on the Internet.
Article 15: Advertising
The Company reserves the right to insert, on any page of the Website and in any communication to Users, any advertising or promotional messages in a form and under conditions of which the Company will be the sole judge.
ARTICLE 16: Insurance
The Company certifies that it has taken out an insurance policy with a reputable insurance company established in France for all the pecuniary consequences of its professional, tort and / or contractual civil liability for bodily, material, and immaterial damage caused to the Client and to any third party in the performance of this contract.
ARTICLE 17: Responsibility
The Company undertakes to make its best efforts to provide the services offered on the Site diligently and according to best practices, it being specified that the company is bound by a best-efforts obligation, to the exclusion of any outcome obligation (obligation to achieve a fixed result), which Users expressly acknowledge and accept.
The Company’s responsibility is exclusively limited to the provision of the services offered on the Website according to the terms and conditions described herein, to the exclusion of any other service.
In its capacity as Website publisher, the Company shall not be liable for the performance of a service, and in particular for the fact that:
• Erroneous information be communicated by Users.
• Orders be cancelled or modified by Users.
In addition, the Website may include links to other external sources. Since the Company cannot control such external sources, the Company cannot be held responsible for the content, products, services, advertising, or elements available on said external sources. The Company invites Users to read the terms and conditions of sale and/or use that may be available on said external sources and which are fully enforceable against Users.
17.1 Limitation of the Company's liability
The Company's liability to Users for the service it offers (online sale of Products) may not exceed two (2) times the amount it has received from the User for the service he or she has chosen.
Thus, in the event that a User suffers a prejudice, of any nature whatsoever, as a result of a fault committed by the Company in the performance of the service, the compensation that the User may obtain from the Company shall not exceed twice the amount of the price paid by the User for the selected service.
17.2 General Exclusion of the Company’s Liability
The Company cannot be held liable for non-performance or improper performance of the contract due either to the fault of the User or to the insurmountable and unpredictable fault of a third party to the contract, or to force majeure.
More generally, and unless expressly provided otherwise, under no circumstances shall the Company or its directors, employees or agents be held liable for any damages, direct or indirect, resulting from the use of the Website or the services offered therein, any content of the Website or other elements, accessible or downloaded from the Website, even if the Company is aware or has been informed of the possibility that such damages may occur.
In addition, the Company does not guarantee that:
- The services offered via the Website, subject to constant research to improve their performance and progress, will be completely free of errors, defects, or faults;
- The services and Products offered via the Website will specifically meet Users’ needs and expectations since services and products are in no way intended solely for a user in particular according to his or her own personal constraints.
ARTICLE 18: Evidentiary rules
Online acceptance of the General Terms and Conditions by electronic means shall have the same evidential value between the Parties as an agreement duly signed in paper format.
The computerized records kept in the Company's computer systems will be archived under adequate security conditions and will, as such, be considered evidencing communications, orders, and payments between the Parties. They shall be regarded as authentic until proven otherwise.
The archiving of contractual documents, orders and invoices is carried out by the Company and such documents may be produced as evidence.
ARTICLE 19: Customer Feedback
The Company has set up on the Website a system for collecting and publishing Customer feedback and reviews. This system enables the Company to improve its services and correct possible malfunctions.
Each Customer review is written in French or English and includes a rating between X and XX stars. An overall rating is then attributed to the Product concerned corresponding to the arithmetic average of all online Customer reviews relating to the Product concerned.
Submitting reviews does not give rise to any advantage or financial consideration for the benefit of Customers.
Submitting reviews operates exclusively on a voluntary basis.
Moreover, only Customers who have placed an actual order for a Product are likely to give their opinion on the Product ordered and/or on the Reseller Store.
In order to be able to publish his/her review, the Customer must have an Account, be a natural person and not be in conflict of interest with the Reseller Store or the Company.
It is specified that only the nickname and the avatar visual chosen by the user during the creation of the Customer Account will be used for the communication of the review submitted. The review shall not mention any information or personal data, which may be publicly distributed on the Internet, which the Customer acknowledges and accepts. As a result, the Company cannot be held liable in the event of:
- Publication of an opinion including personal data;
- Refusal to publish (via moderation) a review containing such data.
Likewise, the Client acknowledges and accepts that the notice will be published publicly on the Website and accessible to any Client, and possibly to Internet users outside the Website via search engine referencing and may be used by the Company for the purpose of promoting the Products or the Website.
The online posting of a Customer review is carried out quickly provided that it is validated by the Company's moderation team. Indeed, each review is subject to prior moderation by the Company or by a subcontractor of the Company. If the Company considers that the review contravenes its internal policy, it may, at its own discretion, reject same. The reasons which may justify such rejection are as follows:
- If the content of the review contravenes laws or regulations, or if it contains insults, threats and/or if the review is defamatory;
- If the review is incomprehensible, unintelligible and/or written in a foreign language (the only languages allowed on the Website for reviews are French or English);
- If the Company believes that its civil or criminal liability may be incurred as a result of the content of the review;
- If the review contains personal data, i.e., data allowing the direct or indirect identification of an individual;
- If the content of the review is unrelated to the rated Product;
- If the review mentions websites, hyperlinks, URLs, email addresses or telephone numbers,
including those of the Customer writing the review,
If the review content is similar to SPAM.
Customer reviews remain accessible on the Website as long as:
- the Product concerned is accessible on the Website, provided that there is no change in the Reseller Store or the main characteristics of the Product making the Customer Review obsolete;
- the Reseller Store concerned is referenced on the Website by the Company.
The Company allows the manufacturer of the Product or the Reseller Store concerned by the review to respond free of charge and publicly in order to:
• Thank the Client for his/her contribution;
• Give its point of view following the review given.
Responses are moderated by the Company under the same conditions as Customer reviews. Responses are published as soon as possible and shall be attached to the review in question. Each response is posted on the Website under the relevant notice.
Once the Customer review has been published, the Customer will not be able to modify same. However, the Customer may delete his/her review. The same applies to the answers provided by the manufacturers and/or by the Reseller Stores, which cannot be modified but only deleted.
ARTICLE 20: Miscellaneous
7.1 Good Faith
The Parties agree to fulfil their obligations in perfect good faith.
In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the beginning of the sections herein and any of the articles, the headings will be declared non-existent.
If one or more provisions hereof should prove to be invalid or declared as such in application of a law, a regulation or following a final decision of a court having jurisdiction over the matter, the other provisions shall remain in full force and effect.
Unless otherwise stipulated in these General Terms and Conditions, any notification between the Parties shall be made (a) by registered letter with acknowledgement of receipt (including registered letter with electronic acknowledgement of receipt), (b) by letter delivered by hand, or (c) in case of emergency by fax or e-mail.
Notifications shall be deemed to have been made:
o For registered letters with request for acknowledgement of receipt: on the date mentioned on the acknowledgement of receipt;
o For hand-delivered letters: on the date mentioned on the receipt signed by the designated agent of the receiving Party;
o For e-mails: on the date the e-mail is sent.
The User accepts that the rights and obligations resulting from the present terms and conditions may be assigned by the Company to third parties, in particular in the event of a merger or acquisition.
The User authorizes the Company or the Reseller Store to involve any subcontractor of its choice in the performance of services and the performance of the present terms and conditions. In this case, the customer agrees that the Company or the Reseller Store may disclose to its subcontractors the information necessary for the proper performance of the present contract.
20.7 Governing Law
The present Terms and Conditions are exclusively governed by French law. In the event of a dispute, Consumer Customers not residing in France may benefit from the mandatory provisions of their local law, in the event that these are more favorable than French law.
In the event that the present terms and conditions are translated into one or more foreign languages, only the French language version shall be authentic between the Parties.
Article 21: Mediation/Competent jurisdiction
In the event of a dispute relating to the interpretation or execution of the present Terms and Conditions, the Client shall first contact the Company's customer service department (art. 10 hereof).
In the event of failure of the request for a complaint to the consumer service or in the absence of a response from this service within thirty (30) working days, the Customer may submit the dispute relating hereto to a mediator who will attempt, with complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.
The Parties remain free to accept or refuse the use of mediation and, in the case of recourse to mediation, to accept or reject the solution proposed by the mediator.
If mediation fails, there are two possible scenarios:
- For the Consumer Customer
In the event that no amicable solution is found within a reasonable period of time, and in the event of a dispute arising in connection with the interpretation or execution of the present General Terms and Conditions, the competent court shall be that of the defendant's place of residence or, at the plaintiff's option, the place of actual delivery of the Product.
- For the Professional Customer
In the event that no amicable solution is found within a reasonable period of time, the courts within the jurisdiction of the Court of Appeal of ANGERS (France) shall have exclusive jurisdiction, notwithstanding multiple defendants, third party proceedings and emergency proceedings.