Terms of Sales
Between the company ABO FACTORY SAS,
210 chemin des Valladets, 13510 Eguilles, France,
registered in the Trade and Companies Register under number 792 043 838, hereinafter the " Seller ", and the natural or legal person carrying out the purchase of products or service from the seller, hereinafter " the Buyer " or the " Customer " on the other hand.
The Seller markets products to consumers through this website. The list and description of the products offered by the Seller can be viewed on the aforementioned site.
ARTICLE 1: OBJECT
The general conditions of sale described below detail the rights and obligations of the parties in connection with the online sale of products by the Seller.
Any service performed by the Seller implies the buyer's full acceptance of these general conditions of sale.
ARTICLE 2: DURATION OF VALIDITY OF SALE OFFERS
The products are offered for sale while stocks last. In the event of an order for a product that has become unavailable, the customer will be informed of this unavailability, as soon as possible, by email or by post. He will then be offered a replacement product close to the product originally ordered which he will be able to receive if he gives his written authorization.
If the customer refuses the replacement product, he may then cancel his order by contacting the Seller via one of the contact methods listed in Article 9. If a check has been sent to the Seller, the Seller will return the check to the customer by post. If the customer's bank account has been debited, the Seller will send a check to the customer. The customer will be reimbursed within a maximum period of 14 days from the payment of the sums he has paid.
ARTICLE 3: CONCLUSION OF THE ONLINE CONTRACT
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order: - Information on the essential characteristics of the Product; - Choice of the Product, if applicable, of its options - Verification of the elements of the order (double click formality) and, if necessary, correction of errors; - Indication of the Customer's essential contact details (identification, email, address, etc.); - Acceptance of the General Conditions of Sale. Before making the payment, the Buyer has the possibility of checking the details of his order, its price, and correcting any errors, or canceling his order. The confirmation of the order will prevail the formation of this contract. - Then follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
The customer will have at the end of his order process the possibility of identifying possible errors made in the data entry and of correcting them.
When ordering, the customer may give the Seller his telephone details. The customer is informed that he has the right to register on the opposition list for doorstep selling (BLOCTEL).
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as 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 proof of the contract; the customer can access this archive by contacting Customer Service.
For the delivered products, the delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, the Customer undertakes to provide truthful identification elements. 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 4: PRODUCT PRICES
The prices of products sold through this website are indicated in Euros all taxes included and precisely determined on the product description pages as well as on the product order page, and excluding any shipping costs. For all products shipped outside the European Union and / or French overseas departments and territories, the price is calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are their 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 modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are borne by the Client. If applicable also, delivery costs and processing costs: the customer will be informed before validation of his payment.
ARTICLE 5: PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of using the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by way of marking, labeling, display or by any other appropriate process, of the prices and specific conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount due by the Purchaser is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, it does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify 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 as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the methods 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 to its activities in the context of this sale. The Seller undertakes to fulfill the Customer's order within the limits of the stocks of Products available only. Otherwise, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller reimburses 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 period of validity of the Product offer and their prices is specified on the Company's website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
ARTICLE 6: TERMS OF PAYMENT
Payment for orders is made online by bank card or any other method of payment made available to the customer and which is presented to him when ordering. All transactions are verified by Visa / Mastercard.
ARTICLE 7: CONFORMITY
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTC meet the requirements in force relating to the safety and health of people, the loyalty of commercial transactions and consumer protection. Irrespective of any commercial guarantee, the Seller remains liable for conformity defects and hidden defects in the product.
In accordance with article L.217-4, the seller delivers a good in conformity with the contract and answers for defects of conformity existing at the time of delivery. He is also responsible 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 8: DELIVERY
The customer will be informed of the delivery costs when confirming his order. All products are delivered by La Poste, at the latest thirty days after the conclusion of the contract. Delivery abroad: your country may not appear at the time of your purchase. For this, you can contact Customer Service directly by communicating by email the content of your order and your full address, we will then communicate the delivery costs and the expected delivery time.
In any event, the customer may cancel his order under the conditions described below if the product is not delivered within the period of 30 working days after the date of validation of the order. If the product is not delivered to the customer on this date and this delay is not due to the customer, the customer will be entitled to cancel the sale if within a reasonable additional time following receipt of a formal notice addressed by registered letter with AR, to the Seller, if it has not been performed. The amounts paid will then be returned to the client, without doubling, within the period of fourteen (14) days from the termination of the contract. The above provisions do not apply in the event of force majeure or a fortuitous event.
The customer must check carefully upon delivery of the product for any apparent damage. In the event of apparent damage (for example: damaged package, already opened, missing packages, etc.), the customer must inform the Seller within 24 hours of delivery by email sent to the address email@example.com. The customer is informed that the absence of notification within this period is deemed to be presumption of correct delivery of the product.
The Seller will specify to the customer by email or telephone the conditions of return of the damaged product. Any return of a product by the customer will be subject to the prior information of the Seller. The Seller will, at its option, reimburse or replace the damaged product. The return costs that the customer could incur for the return of a damaged product will be reimbursed to the customer by the Seller on presentation of supporting documents.
ARTICLE 9: CUSTOMER SERVICE
For any information, question or complaint, the customer can contact Monday to Friday, from 9 a.m. to 5 p.m. at the company's Customer Relations department:
ABO FACTORY SAS - Customer Service
210 chemin des Valladets
Phone: +339 77 55 43 06 (price of an international call)
ARTICLE 10: SATISFIED OR REFUNDED (RIGHT OF WITHDRAWAL)
The customer has a maximum of fourteen days from delivery to inform the Seller of his desire to withdraw, without having to justify reasons. The customer then again has fourteen days to return the product, the return costs being at his expense. To exercise this right of withdrawal, the customer must notify the Seller of his decision to withdraw by means of an unambiguous declaration or the withdrawal form available to him at the following address: http: //www.abo -factory.com/pdf/retractation.pdf, or available at any time by email or by telephone to the company's Customer Service (contact details above). The customer can notify the Seller of his decision of withdrawal by email to the following address firstname.lastname@example.org or by mail (contact details above).
However, products returned incomplete or damaged are not accepted.
The customer is then reimbursed for the full payment received by the Seller within fourteen days from the date on which the Seller will be informed of the customer's decision to exercise his right of withdrawal. The Seller will postpone the reimbursement until the latter has received the product or the customer has provided proof of shipping of the product, the date chosen being that of the first of these facts. Reimbursement will be made by the same means of payment as for the purchase, or, with the customer's agreement, by any other means at no additional cost.
ARTICLE 11: RESPONSIBILITY
The products offered comply with current French legislation and the standards applicable in France. The seller's responsibility cannot be engaged in the event of importation of a product purchased on our site in a third country. It is the customer's responsibility to check with local authorities the possibilities of importing or using the product purchased on our site and to comply with applicable regulations.
ARTICLE 12: LEGAL GUARANTEES
The Seller applies the provisions of the legal guarantee of product conformity with the contract under the conditions of article L211-4 et seq. Of the consumer code. In order to assert their rights under the legal guarantee of conformity or against hidden defects in the thing sold), the customer must send their complaint to Abo Factory, 210 Chemin des Valladets, 13510 Eguilles.
The customer has a period of two (2) years from the delivery of the product to act. The customer can choose between repairing or replacing the product, subject to the cost conditions provided for in article L217-9 of the consumer code. The customer is exempt from providing proof of the existence of the product's lack of conformity during the twenty-four (24) months following the delivery of the product.
Article L.217-4 of the Consumer Code: "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter 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 goods comply with the contract:
1 ° If it is suitable for the use normally expected of similar goods and, if applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer as a sample or template.
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by 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 attention of the seller and which the latter has accepted. "
Article L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods". However, the seller may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity lapses two years after delivery of the goods. The customer can also decide to implement the guarantee against hidden defects within the meaning of article 1641 and following of the civil code. In this case, the customer can choose between the resolution of the sale or a reduction in the price in accordance with article 1644 of the civil code. "
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have it not acquired, or would have given only a lower price, if he had known them ”.
Article 1644 of the civil code: “the buyer has the choice to return the thing and to be restored the price, or to keep the thing and to be made part of the price, as it will be arbitrated by experts. "
Article 1648 paragraph 1 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. "
ARTICLE 13: IN THE EVENT OF AN ABUSIVE OPPOSITION
When ordering on our site, the customer validates his subscription in accordance with the provisions of article 5 above. In the event that the customer subsequently makes an objection to his / her transaction (s) without reason, this opposition will be considered abusive. The customer will be liable for the full reimbursement of the transaction (s) concerned, as well as the related costs including the reimbursement of the registered letter sent (€ 7.50), bank charges (€ 24 per disputed transaction) and processing of the litigation file created on this occasion (50 €). In the event that the customer does not pay these costs, the Seller reserves the right to take legal action to assert his rights
ARTICLE 14: LITIGATION
In the event of a dispute, the client may have recourse to the conventional mediation procedure or any other alternative method of dispute resolution under the conditions of article 1528 et seq. Of the Code of Civil Procedure. In accordance with article L 612-1 of the consumer code, the customer can use the mediation service https://app.medicys.fr for free, for all written complaints made to the customer service during the last 12 months of the seller.