CONDITION GENERAL DE VENTE
Definition
These General Conditions of Sale (hereinafter the “GTC”) are offered by the company ARABIA.BYSI, having its registered office at “address” registered in the Brussels Trade and Companies Register under “the SIREN number”.
The following terms and expressions have the following definition within the meaning hereof:
Customer or Customers: any person purchasing Products on the Site having the status of Consumer or non-professional buyer;
Consumer: natural person who acts for purposes that do not fall within the scope of his professional activity;
Site: online sales website used by the Seller for the marketing of its Products and available at the following URL address: https://www.arabiabysi.com;
Product or Products: movable property offered for sale on the Site by the Seller.
Article 1 – Application and opposability of the GCS
These GCS apply, without restriction or reservation, to all sales of Products concluded by the Seller with Customers who are Consumers or non-professional buyers on the Site.
The GCS are exclusively applicable to products delivered to consumers established in France and/or in a member country of the European Union.
The GCS are made available to Customers on the Site where they can be directly consulted and can also be communicated to them on simple request by telephone, e-mail or post.
The fact for a Customer to order on the Site implies full and complete acceptance and acceptance of these GCS and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document. , which would be unenforceable against the Seller.
These T&Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Site on the date the order is placed.
Article 2 – Creation of a customer account
To place an order on the Site, it is the Customer's responsibility to create a customer account on the Site beforehand and free of charge.
When creating his account, the Customer undertakes to provide accurate and sincere information on his situation, as well as to proceed before each new order to a regular verification of the data concerning him, and to proceed, if necessary , to the necessary modifications.
The creation of a customer account implies for the Customer to choose an identifier and a confidential password. This information is personal, confidential and non-transferable.
The Seller reserves the discretion to refuse or invalidate the registration of a Customer whose information proves to be inaccurate.
The Seller cannot, in any case, be held responsible for fraudulent or abnormal use of the Customer's identification elements.
The rules applicable to the collection of the Customer's personal data and the latter's rights are detailed in the Seller's privacy policy available at the following address: [link to the PRIVACY POLICY page]
Article 3 – Order and purchase
It is up to the Customer to select the Products he wishes to order on the Site, then to validate the order, to finally confirm it and proceed to payment.
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
Product offers are valid as long as they are visible on the Site, within the limits of available stocks.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail and after receipt by the latter of the full price.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of all of these T&Cs and constitutes proof of the sales contract.
It is therefore up to the Customer to verify the accuracy of the order and to immediately report any errors.
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the Site.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
Article 4 – Price and terms of payment
The Products are supplied at the current prices appearing on the Site when the order is recorded by the Seller. The prices are expressed in Euros, excluding tax (HT) and all tax included (TTC).
The prices take into account any reductions that may be granted by the Seller on the Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The price is payable in cash, in full on the day the order is placed by the Customer, by means of secure payment, according to the following terms:
By credit card: Visa, MasterCard, American Express, other credit cards;
By Paypal.
Payment data is exchanged in encrypted mode.
Article 5 – Transfer of ownership and transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, and this regardless of the date of delivery of the said Products.
Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril.
Article 6 – Delivery
The Customer chooses one of the Delivery methods offered on the Site when placing the order.
The Customer chooses a delivery address. The Customer is solely responsible for a lack of delivery due to a lack of indication when ordering.
The amount of delivery costs depends on the amount of the order and the delivery method chosen by the Customer. In any case, the amount of the delivery costs is indicated to the Customer before the validation of the order.
Delivery times are available on the Site and may vary depending on the availability of the Products ordered.
Delivery times are expressed in working days and correspond to the average time for preparation and delivery of the order. Delivery times run from the date of confirmation of the order by the Seller. In case of late delivery, the order is not cancelled.
The Seller informs the Customer by e-mail that the delivery will take place with a delay. The Customer may then decide to cancel the order and will send the Seller an order cancellation notice by e-mail.
In the event that the order has not yet been dispatched when the Seller receives the Customer's notice of cancellation, the delivery is blocked and the Customer is reimbursed for any sums debited within fourteen days of receipt of the notice of cancellation. In the event that the order has already been dispatched when the Seller receives the Customer's notice of cancellation, the Customer may still cancel the order by refusing the package. The Seller will then reimburse the sums debited and the return costs paid by the Customer within fourteen days of receipt of the return of the refused package, complete and in its original condition.
The Customer can follow the progress of the processing of the order in his customer area.
The Customer is required to check the condition of the packaging as well as the Products upon delivery.
It is up to the Customer to make the reservations and complaints that he deems necessary, or even to refuse the package, when the package is obviously damaged on delivery.
The Customer must ensure that the Products delivered to him correspond to the order. In the event of non-compliance of the Products in kind or in quality with the specifications mentioned in the delivery note, the Customer must inform the Seller by e-mail and return the Products to the following address: specify the return postal address
Article 7 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Products to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available in Appendix I of these GCS, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration , unambiguous, expressing the desire to withdraw.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer.
The exchange, subject to availability, or the refund will be made within fourteen days of receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
Article 8 – Product warranty
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
The legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order;
The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
under the conditions and according to the procedures referred to in the box below and defined in Appendix II hereof.
It is recalled that within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act against the Seller; he can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; he is exempted from providing proof of the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 10 days from the delivery of the Products or the existence of hidden defects within the time limits set out below. mentioned above and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by crediting the Customer's bank account.
Article 9 – Liability
The Seller's liability cannot be engaged in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
In any case, the responsibility of the Seller cannot be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify;
In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
Article 10 – Intellectual property
The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) for the provision of services to the Customer. The Customer is therefore prohibited from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may condition it on financial compensation.
Article 11 – Independence of clauses
The nullity of a contractual clause does not entail the nullity of the GCS.
The temporary or permanent non-application of one or more clauses of the GCS by the professional seller does not constitute a waiver on his part of the other clauses of the GCS which continue to produce their effects.
Article 12 – Applicable law
These T&Cs and the resulting operations are governed by and subject to French law.
Article 13 – Customer service / Mediation
In the event of a dispute, you must first contact the company's customer service at [non-surcharged number from a landline in mainland France], Monday to Friday except public holidays or non-working days, from [indicate the hours opening] or by e-mail [e-mail address] or by post to [postal address to which the consumer can send any complaints].
In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within a period of two months, the consumer may submit the dispute relating to the order form or these GCS to the opposing Seller. to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The Seller reports to the following mediator: [specify mediator and contact details].
The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
APPENDIX I - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the website: link except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of the company [corporate name], [corporate form] (or Sole proprietorship (NAME First name) having its registered office at [address], registered in the trade and companies register of [city] under the number (number SIREN) I hereby notify you of my withdrawal from the contract relating to the sale of the property designated below:
-Order of: .............................................. .............................
-Received on: ….................................................. .....................................
- Order number: ............................................ ...............
-Client name : ............................................. ...............................
-Customer's address: .............................................. ..........................
Signature of the Client (only in the event of notification of this form on paper)
APPENDIX II - Provisions relating to legal warranties
Article L. 217-4 of the Consumer Code:
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L. 217-5 of the Consumer Code:
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. » Article L. 217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. » Article L. 217-16 of the Consumer Code:
“When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
Article 1641 of the Civil Code:
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1648 paragraph 1 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »