Between the AUTOMOBILES COUPET AND CABRIOLETS Company,
1 Airport Street, 68730 Blotzheim
with a Share Capital of 5,000€,
registered in the Mulhouse Trade and Companies Register
under the SIRET number 480035286
represented by Mr. Didier Dubicki
as a manager,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter the "Seller" or the "Company".
On one hand,
And the individual or legal entity proceeding with the purchase of products or services from the company,
Hereinafter, "the Buyer", or "the Customer"
On the other hand,
The following has been presented and agreed upon:
PREAMBLE
The Seller is a publisher of Products and Services, intended for consumers, marketed through its internet sites. https://www.a-c-c.fr/. The list and description of goods and services offered by the Company can be viewed on the aforementioned websites.
Article 1 : Subject
The present General Terms of Sale determine the rights and obligations of the parties in the context of online sales of Products or Services offered by the Seller.
Article 2: General Provisions
The present General Terms and Conditions of Sale (GTC) govern the sales of Products or Services, made through the websites of the Company, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable T&Cs are those in effect at the date of payment (or the first payment in case of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: https://www.a-c-c.fr/conditions-generales-de-vente-cgv/
The Company also ensures that their acceptance is clear and without reservation by implementing a checkbox and a validation click. The Customer declares having read all of these General Terms of Sale, and where applicable the Special Terms of Sale related to a product or a service, and accepts them without restriction or reservation.
The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs.
The Client declares that they are able to legally contract under French laws or validly represent the individual or entity for whom they are committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These duties and amounts are not within the Seller's purview. They will be the buyer's responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are to be borne by the Customer. If applicable, delivery costs will also be charged.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to place his order: - Information on the essential characteristics of the Product; - Choice of the Product, if applicable, of its options - Indication of the Client's essential details (identification, email, address...); - Acceptance of these General Terms and Conditions of Sale - Verification of the elements of the order and, if necessary, correction of errors. Before proceeding to its confirmation, the Buyer has the possibility to verify the details of his order, its price, and to correct any possible errors, or cancel his order. The confirmation of the order will result in the formation of this contract. - Then, follow the instructions for payment, payment of the products, then delivery of the order. The Client will receive confirmation by email of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale.
During the ordering process, the customer will have the opportunity to identify any potential errors made in data entry and correct them. The language proposed for the conclusion of the contract is French.
The terms of the offer and the general sales conditions are sent back to the buyer by email at the time of the order and are archived on the Seller's website.
The archiving of communications, orders, order details, as well as invoices, is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as evidence of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the successful completion of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and Services
The essential characteristics of goods, services and their respective prices are made available to the buyer on the company's websites, as well as, if applicable, the method of using the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate method, of the prices and special conditions of sale and service provision before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, this price does not include shipping costs charged in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to change its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page about the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of available product stocks only. If not, the Seller informs the Customer; if the order has been placed, and in the absence of an agreement with the Customer on a new delivery date, the Seller refunds the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the product offers as well as their prices are specified on the company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted under these conditions are only for the individual who signs the order (or the holder of the email address provided).
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these general terms and conditions comply with the current regulations relating to the safety and health of individuals, the fairness of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any non-compliance and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers a product in accordance with the contract and is responsible for any non-compliance defects present at the time of delivery. He is also responsible for non-compliance defects resulting from the packaging, assembly instructions or installation when this has been contractually assigned to him or carried out under his responsibility.
In accordance with the legal provisions regarding compliance and hidden defects (art. 1641 c. civ.), the Seller will refund or exchange defective products or those not matching the order. The refund can be requested by email at the following address: dubickini@gmail.com
Article 7: Retention of Title Clause
The products remain the property of the Company until full payment of the price.
Article 8: Delivery Terms
The products are delivered to the delivery address that was indicated during the order and within the timeframes indicated. These timeframes do not take into account the order preparation time. When the delivery requires an appointment with the Client, the carrier will contact the client by phone, email, or text message. When the Client orders several products at the same time, these may have different delivery times, dispatched according to the following terms: one or more packages from identical or different sources. In case of shipping delay, the client will be notified by email. In case of delivery delay, the Client has the possibility to resolve the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code. The Seller then proceeds to refund the product and the "outbound" costs under the conditions of the provisions of articles L216-3 and L241-4 of the Consumer Code. The Seller provides a telephone contact point indicated in the order confirmation email to ensure the follow-up of the order. The Seller reminds that at the moment when the Client takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is up to the Client to notify the carrier of any reservations about the delivered product.
Article 9: Availability and Presentation
In the event of an item being unavailable for a period exceeding 120 working days, you will be immediately notified of the expected delivery delays and the order for this item may be cancelled upon simple request. The Customer can then request a credit for the amount of the item or its full refund and the cancellation of the order.
NOTE: Management of item availability
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by credit card or bank check. Cards issued by banks domiciled outside of France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted in accordance with industry standards and cannot be read during transmission over the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his bank details during the sale, the Customer authorizes the Seller to debit his card for the amount relative to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility of debiting the card, the Sale is immediately terminated as of right and the order is cancelled.
"3X 4X WITH FEES"
Payment for your order in 3 or 4 installments by credit card from 100€ of purchases up to 3000€ with Oney Bank.
Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from 100€ to 3000€ in 3 or 4 installments with your credit card.
Conditions: This offer is reserved for individuals (adult natural persons) residing in France and holders of a Visa and MasterCard bank card with a validity date longer than the chosen financing period. Systematic authorization cards, particularly those of the Electron, Maestro, Nickel etc. type, as well as e-cards, Indigo cards and American Express are not accepted.
Subscription terms: After completing your order, you just need to click on the "Oney 3x 4x payment button by credit card".
You are then redirected to the 3x 4x Oney internet page of our partner displaying the detailed summary of your order and the personalized financing request, which you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account,
You identify yourself using the login credentials linked to your 3x 4x Oney account.
You become aware of the general conditions for installment payments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by checking the corresponding box.
You acknowledge that the "double click" associated with the checkbox when acknowledging the general terms and conditions constitutes consent to contract and is an irrevocable and unconditional acceptance of the general terms and conditions of the product.
Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions made between you and Oney Bank.
If you apply for a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for the granting, management and recovery of credit.
Oney Bank reserves the right to accept or reject your funding request.
3x 4x Oney. You have a withdrawal period of 14 days to renounce your credit.
Operation: The 3 or 4 times payment by credit card allows you to settle the order made on our merchant site in the following way
- a mandatory contribution, debited on the day of confirmation of your order's shipment, corresponding to a third or a quarter of the order, to which are added fees corresponding to 1.45% of the total order amount for a 3 times payment and 2.2% for a 4 times payment (up to a maximum of €15 for a 3 times payment and €30 for a 4 times payment) ;
- two or three installments, each corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 times and 30, 60, and 90 days later for the 4 times.
● 3-part payment starting from 100€ purchase and up to 3000€
Example: For a purchase of 150€, a contribution of 52.18€ followed by 2 monthly payments of 50€.
Credit for a duration of 2 months at a fixed APR of 19.31%. Financing cost: 2.18€ up to a maximum of 15€.
● 4-time payment starting from 100€ purchase and up to 3000€
Example: For a purchase of 400€, deposit of 108.80€ then 3 installments of 100€ each.
Credit over 3 months at a fixed APR of 19.61%. Financing cost: 8.80€ up to a maximum of 30€.
Oney Bank - SA with a capital of 51,286,585€ - Head office: 34 Flandre Avenue, 59170 CROIX
- RCS Lille Metropole 546 380 197 - Orias number: 07 023 261 - www.orias.fr - Correspondence: CS
60006 - 59 895 Lille Cedex 9 - www.oney.fr "J'adore voyager et découvrir de nouvelles cultures. La cuisine locale est toujours une expérience incroyable. Je suis aussi passionné par la photographie."
Article 11: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company by email. We inform Customers that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for certain personalized, perishable products or those subject to a special and unusual order. In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining at the Customer's expense. Product returns must be made in their original and complete condition (packaging, accessories, instructions...); if possible, they should be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find below the standard withdrawal procedure: Contact the seller. After the written agreement received by email, return the purchased item in its original packaging with the printout of the return approval email. The refund can only be made after receipt of the goods and verification of their condition. The package should be sent to the following address:
ACC, 1 Airport Street, 68730 Blotzheim.
Article 12: Guarantees
In accordance with the law, the Seller assumes the guarantees of conformity and related to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products that are apparently defective or do not match the order placed. The request for refund must be made as follows: Contact the seller. After the written agreement received by email, return the purchased item in its original packaging with the printout of the return agreement email. The refund can only be made after receipt of the goods and verification of its condition. The package should be sent to the following address:
ACC, 1 Airport Street, 68730 Blotzheim.
The Seller reminds the consumer: - that they have a period of 2 years from the delivery of the goods to take action with the Seller - that they can choose between the replacement and repair of the goods subject to the conditions provided by the aforementioned provisions. Apparently defective or not matching - that they are exempt from providing proof of the existence of the conformity defect of the goods during the six months following the delivery of the goods. - that, except for used goods, this period will be extended to 24 months from March 18, 2016 - that the consumer can also assert the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, they can choose between the resolution of the sale or a reduction of the sales price (provisions of Articles 1644 of the Civil Code). Additional warranties: (describe your additional warranties)
Article 13: Complaints and Mediation
If necessary, the Buyer can make any claim by contacting the company using the following contact details: email at the address: dubickini@gmail.com
In accordance with the provisions of articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.
In case of failure of the claim request with the Seller's customer service, or in the absence of a response within a period of two months, the consumer may submit the dispute to a mediator from the Aslace Mediation company who will independently attempt to bring the parties together with the goal of reaching an amicable solution. Phone 06 84 99 94 48 Email asm@alsace-mediation.fr
Article 14: Contract termination
The order can be cancelled by the buyer by registered letter with request for acknowledgement of receipt in the following cases: — delivery of a product not conforming to the specifications of the order; — delivery exceeding the deadline set at the time of the order or, in the absence of a date, within thirty days following payment; — unjustified price increase or product modification. In these cases, the buyer can demand a refund of the deposit paid, plus interest calculated at the legal rate from the date the deposit was cashed.
Article 15: Intellectual Property Rights
Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.
Article 16: Force Majeure
The fulfillment of the seller's obligations under the present terms is suspended in the event of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and Modification of the Contract
If any provision of this contract were to be cancelled, this nullity would not result in the nullity of the other provisions which would remain in force between the parties. Any contractual modification is only valid after a written and signed agreement by the parties.
Article 18: Personal Data Protection
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller implements a processing of personal data which aims at the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements: the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these T&Cs; - the legal basis for processing: contractual performance - the recipients or categories of recipients of the personal data, if they exist: the data controller, his marketing services, the services in charge of computer security, the service in charge of the sale, delivery and order, subcontractors involved in delivery and sales operations as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the duration of data retention: the time of commercial prescription - the person concerned has the right to ask the data controller for access to personal data, the rectification or erasure of them, or a limitation of processing relating to the person concerned, or the right to object to processing and the right to data portability - The person concerned has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, otherwise the order could not be placed. No automated decision-making or profiling is implemented through the ordering process.
Article 19: Applicable Law and Clauses
All the clauses appearing in these general terms of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
The nullity of a contractual clause does not result in the nullity of these general terms and conditions of sale.
Article 20: Consumer Information
For the purpose of consumer information, the provisions of the civil code and the consumer code are reproduced below:
Article 1641 of the Civil Code: The seller is liable for warranty due to hidden defects of the item sold that render it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price, if they had known about them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be introduced, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or non-conformities.
Article L. 217-4 of the Consumer Code: The seller delivers a product in accordance with the contract and is responsible for any non-compliance defects existing at the time of delivery. They are also responsible for non-compliance defects resulting from the packaging, assembly instructions, or installation when this has been charged to them by the contract or was carried out under their responsibility.
Article L. 217-5 of the Consumer Code: The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, if applicable:
if it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
if it presents the qualities that a buyer can legitimately expect in light of public statements made by the seller, the producer, or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code: The action resulting from the non-compliance is time-barred 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 warranty that was granted to him at the time of the acquisition or repair of a movable property, for a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is later than the request for intervention.