PRESTA'DIAM propose des produits pour les particuliers et les professionnels

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C.G.V.

Preamble - Purpose

PRESTA'DIAM CIPRO is an Eirl registered in the VIENNE Trade and Companies Register under number 850 735 887, whose registered office is at 26 chemin du Godard - 38110 St Didier de la Tour (France).

PRESTA'DIAM CIPRO is an e-commerce sales and consultancy company.

PRESTA'DIAM CIPRO has published these general terms and conditions of sale in order to define the contractual relationship with its customers and partners.

These general terms and conditions apply to all contracts for the sale of products and the provision of services relating to the activity of PRESTA'DIAM CIPRO, both in France and abroad.

The parties agree that their relationship shall be governed exclusively by these terms and conditions.

Any modification of these general terms and conditions requested by the customer must be requested in writing by the customer at the latest before the order is placed and must also be accepted by the company in writing in order to be enforceable.

1. ORDER

All orders placed with PRESTA'DIAM CIPRO imply formal acceptance of the general terms and conditions of sale.

The fact of placing an order implies the buyer's full and unreserved acceptance of these terms and conditions C.G.V. to the exclusion of all other documents such as prospectuses and catalogues issued by the seller, which are for information purposes only.

Consequently, the purchaser acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website shop.

In addition, any order placed by the customer implies acceptance of the conditions relating to price, product characteristics, transport costs and delivery conditions.

Please note that the photos are not contractual, as manufacturers and suppliers may change the presentation of their products at any time without altering their technical performance.

In addition, the technical characteristics of products may change at the initiative of manufacturers and suppliers as a result of improvements or changes in regulations, which the customer accepts and waives any claim in this respect.

The order will not be final until full payment of the price has been confirmed and has been received by the company.

2. PRICE

Prices are shown exclusive of VAT and inclusive of tax, depending on changes in the statutory rate.

Prices are likely to change throughout the year, depending on external factors affecting the company's business, as well as product suppliers and manufacturers.

The reference price is the one offered at the time of purchase of the product and not the one on the day of delivery.

No reimbursement will be made by the company if the price of the product decreases between the order and delivery.

Conversely, the company will not request any additional payment if the price of the product increases on the day of delivery.

The company may invoice a flat-rate amount corresponding to shipping costs for any order below a certain order value (excluding VAT) agreed between the customer and the company.

3. MEANS OF PAYMENT

Payments will be made at the time of ordering, exclusively by credit card, PayPal or bank transfer.

Payments by cheque are not accepted by the company.

In addition, all orders over €1,500 excluding VAT must be paid for by bank transfer if the card does not allow this, or by other means of payment.

Invoices will be sent to the customer at the latest upon receipt of the products.

In the event of late payment or late collection of all or part of the price, late payment interest equal to the interest rate of the European Central Bank plus 10 percentage points will be due on all unpaid sums as soon as they fall due and without prior formal notice being required (article L.441-6 of the French Commercial Code).

In addition, any delay in payment shall automatically entail, without the need for formal notice: the payment of all of the company's debts, even if not yet due, as well as the right for the company to suspend all deliveries and all work in progress until full payment has been made.

4. SHIPPING

Orders will be dispatched once the full price of the product and transport costs have been received.

Goods are delivered by an independent carrier at the recipient's risk.

Deliveries can be made to a location determined by the customer or to a relay point.

Goods can also be collected directly from the company's head office.

PRESTA'DIAM CIPRO declines all responsibility for any damage occurring during transport.

5. RECEIPT OF GOODS

The customer must notify the company by registered letter with acknowledgement of receipt, within a maximum of 8 days of receipt of the goods, of any defect in the product ordered or failure in delivery (damage, loss).

No claim will be accepted if the usual reservations have not been made in advance with the carrier, in accordance with the following procedures:

- Make precise and specific reservations on the carrier's delivery note (open or torn package, signs of impact, etc.)

- Confirm any reservations to the carrier by registered letter with acknowledgement of receipt within 48 hours of delivery.

In the event of a defect or breakage of the goods, the company may proceed with the order and delivery of the new product, with the return costs being borne by the seller.

If the goods are not collected within fifteen days of receipt by the Post Office or a Point Relais, the order will be returned to the seller but will not be considered cancelled.

In such a case, the customer will not be reimbursed for the amount of the order, nor for the cost of transport.

6. DELIVERY TIME

Approximately 10 days are allowed for delivery of the product, from receipt of the full amount of the order by the company.

Delays may not be invoked by customers to justify cancellation of the order or to give entitlement to deductions from the price or payment of damages by the company.

In addition, this lead time is given as an indication and is not valid in the event of bad weather (rain, hail, frost, etc.), force majeure (strike, flood, fire, war, etc.), natural disaster, supply difficulties, lack of manpower or transport difficulties.

7. WITHDRAWAL PERIOD

The customer has a cooling-off period of fourteen working days from receipt of the goods, without having to give any reasons or pay any penalties, with the exception of the cost of returning the goods.

The withdrawal period is in all cases subject to the condition that the customer returns the item new, complete with documentation and accessories if possible in its original packaging at the same time as exercising their right of withdrawal.

If the customer has exercised their right of withdrawal, the company undertakes to reimburse the sum paid when the order was signed, within 30 days of the date on which this right was exercised (art. L.121-20-1 of the French Consumer Code).

8. RETENTION OF TITLE

All products delivered to the customer in execution of the contract remain the property of the company until full payment has been received.

However, the risks (loss, theft, deterioration, etc.) relating to the said products are transferred to the customer as soon as they are delivered, as is the obligation to repair any damage they may cause to property or persons.

9. GUARANTEES - LIABILITY

The company does not grant any automatic contractual guarantee.

The company can only be held liable to the customer if the goods delivered do not conform to those ordered.

Complaints, including for lack of quality, conformity or quantity, will be deemed admissible if they are sent to the company within eight days of receipt of the goods.

If no complaint is made within the prescribed time, the equipment delivered will be deemed to be of good quality and quantity and to meet the purchaser's requirements.

The company's liability for defects in quality, conformity or quantity is limited exclusively to the replacement of the goods or their reimbursement under the conditions set out above, to the exclusion of any other compensation.

The company will always be able to prevent an action for liability by bringing a defective or non-compliant product into conformity or by replacing it, it being understood that the company will not accept any return of goods without prior authorisation.

The cost of returning the goods shall be borne exclusively by the customer, unless otherwise agreed by the company.

Under no circumstances can the company's liability be substituted for that of the manufacturer or supplier for manufacturing defects or faults and their possible consequences.

Customers are informed that they may benefit from any contractual guarantee offered by the suppliers of the products sold by the company.

10. APPLICABLE LAW - COMPETENT COURTS

This contract is governed by French law.

Furthermore, it is agreed that the court in the location of the company's registered office will have sole jurisdiction in the event of a dispute.

The company intends to favour an amicable outcome before any litigation and reserves the right to call on a court conciliator.

11. INTELLECTUAL PROPERTY - IMAGE

The company is the sole owner of the website and is responsible for all information, technical and commercial content on the site.

Please note that the information, images, diagrams and descriptions, both visual and technical, published on the PRESTA'DIAM website are provided for information purposes only and cannot be considered as contractual; they may be modified at any time by the company.

Any total or partial reproduction by the customer is strictly forbidden under penalty of prosecution.

12. PROTECTION OF PERSONAL DATA

In accordance with the French Data Protection Act of 6 January 1978, customers have the right to query, access, modify, oppose and rectify their personal data.

By entering their email address on one of the Company's sites, customers will receive emails containing information and promotional offers concerning products published by the Company.

By accepting these general terms and conditions of sale, the customer consents to the company collecting and using this data for the purposes of this contract and acknowledges having read the company's personal data protection policy.

Customers have the right to access and rectify information concerning them, which they may exercise by sending a registered letter with acknowledgement of receipt to the company's head office.

38110 St Didier de la Tour (France),

2 JUNE 2021