Terms of Service
1) Article L. 111-1 of the Consumer Code : “ Before the consumer is bound by a contract for the sale of goods or the supply of services, the professional communicates to the consumer, in a readable and understandable manner, the following information : 1 ° The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned; 2 ° The price of the good or service, in application of articles L. 112-1 to L. 112-4 ; 3 ° In the absence of immediate execution of the contract, the date or the deadline at which the professional undertakes to deliver the goods or to perform the service; 4 ° Information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as it does not appear from the context; 5 ° If applicable, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the methods of implementation of guarantees and other contractual conditions; 6 ° The possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI. The list and the precise content of this information are fixed by decree of the Council of State.The provisions of this article also apply to contracts for the supply of water, gas or electricity, when they are not packaged in a defined volume or in a determined quantity, as well as district heating and content. digital not supplied on a physical medium. These contracts also refer to the need for sober consumption that respects the preservation of the environment ”.
2) Article R.111-1 of the Consumer Code : “ For the application of 4 °, 5 ° and 6 ° of article L. 111-1 , the professional communicates the following information to the consumer: 1 ° His name or corporate name, the geographical address of its establishment and, if it is different, that of the registered office, its telephone number and its e-mail address; 2 ° The terms of payment, delivery and performance of the contract as well as those provided by the professional for processing complaints; 3 ° If applicable, the existence and the modalities of exercise of the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-13 and of that of the defects of the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code as well as, where applicable, the commercial guarantee and the after-sales service mentioned respectively in Articles L. 217-15 and L. 217-17; 4 ° If applicable, the duration of the contract or, in the case of an indefinite or tacit renewal contract, the conditions for its termination; 5 ° If applicable, any relevant interoperability of the digital content with certain hardware or software of which the trader is or should reasonably be aware, as well as the functionalities of the digital content, including the applicable technical protection measures; 6 ° The contact details of the competent consumer mediator (s) to which he / she reports pursuant to article L. 616-1 ”.
3) Article L. 111-2 of the Consumer Code : “ In addition to the information provided for in article L. 111-1 , any professional, before the conclusion of a contract for the supply of services and, when he does not There is no written contract, before the performance of the service provision, makes available to the consumer or communicates to him, in a legible and understandable manner, additional information relating to his contact details, his service provision activity and the other contractual conditions, the list and content of which are fixed by decree of the Council of State. Additional information which is only communicated at the request of the consumer is also specified by decree of the Council of State ”.
4) Article R.111-2 of the Consumer Code : “ For the application of the provisions of article L. 111-2 , in addition to the information provided for in article R. 111-1, the professional communicates to the consumer or makes available to him the following information: 1 ° The status and legal form of the company; 2 ° The coordinates allowing to get in touch quickly and to communicate directly with him; 3 ° Where applicable, the registration number in the trade and companies register or in the trades directory; 4 ° If its activity is subject to an authorization regime, the name and address of the authority which issued the authorization; 5 ° If it is subject to value added tax and identified by an individual number in application of article 286 ter of the general tax code, its individual identification number; 6 ° If he is a member of a regulated profession, his professional title, the Member State of the European Union in which it was granted as well as, where applicable, the name of the order or body professional with which he is registered; 7 ° The general conditions, if he uses any; 8 ° Where applicable, the contractual clauses relating to the applicable legislation and the competent jurisdiction; 9 ° Any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or the guarantor as well as the geographical coverage of the contract or commitment ”.
5) Article L. 211-2 of the Consumer Code : ” The general conditions of sale applicable to consumer contracts mention: 1 ° According to the terms set by order of the Minister responsible for the economy, the existence, the conditions of implementation and content of the legal guarantee of conformity and the guarantee relating to defects in the item sold, due by the seller; 2 ° Where applicable, the existence of a commercial guarantee and after-sales service ”.
6) Decree of 18 December 2014 relating to the information contained in the general conditions of sale in terms of legal guarantees: “Art. 1 – Pursuant to Article L. 133-3 of the Consumer Code, the general conditions of sale of consumer contracts must include the name and address of the seller guarantor of the conformity of the goods with the contract, allowing the consumer to formulate a request under the legal guarantee of conformity provided for in Articles L. 211-4 et seq. of the Consumer Code or the warranty against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
Art. 2. – The general conditions of sale of consumer contracts state that the seller is liable for defects in the conformity of the goods with the contract under the conditions of Article L. 211-4 and following of the Consumer Code and for hidden defects of the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Art. 3. – The general conditions of sale of consumer contracts include in a box the mentions according to which, when acting as a legal guarantee of conformity, the consumer:
– has a period of two years from the delivery of the goods to act;
– may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. This same box reminds us that the legal guarantee of conformity applies independently of any commercial guarantee granted. He reminds that the consumer can decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Art. 4. – This decree comes into force on March 1, 2015.
Art. 5. – The Director General for Competition, Consumer Affairs and Fraud Control is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on December 18, 2014. “
TERMS OF SALES
- PURPOSE – These general conditions of sale (hereinafter “the GTC”) apply to all sales of products (hereinafter “the Products”) concluded by the company
- Please note that any package sent to this address will not be refunded.
- Please send your refund request to firstname.lastname@example.org
- CONCLUSION OF THE CONTRACT – The sales contract is deemed concluded only after full payment of the price (hereinafter “the Order”). Any Order placed on the site https://shoprima.com constitutes the formation of a contract concluded at a distance between the customer and the seller. In any case, the signature by the Customer of a quote will constitute confirmation of the Customer’s commitment to purchase. No modification or cancellation of an Order, for any reason whatsoever except force majeure and the implementation of the right of withdrawal, will be accepted after the conclusion of the contract except with the express agreement of the Company. If applicable,the Customer will remain the debtor of the entire Price of the Order in question (in accordance with the article “Payment terms and times” below) without prejudice to the Company’s right to claim any damages as compensation for the prejudice suffered as a result of this cancellation of the Order.
It is specified that it is up to the customer to select on the site https://shoprima.com the products he wishes to order.
Product offers are valid as long as they are visible on the site, while stocks last. In the event of a product unavailability after validation of your Order, the Customer will be informed by email within 3 to 5 working days. He will be offered the reimbursement of this item.
It is the Customer’s responsibility to verify the accuracy of the Order and to report any errors immediately. The Company 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.
- DELIVERY – Delivery consists of the transfer to the customer of physical possession or control of the product. Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.
The Company takes care of the organization of the transport of the Products sold to the place of delivery by itself or by the intermediary of a carrier.
Deliveries are made, within 14 working days, to the address indicated by the customer when ordering on the site.
If an item becomes unavailable during the Customer’s Order processing period, the latter will be notified as soon as possible of the unavailability of the product and the Company will offer another product of equivalent quality.
Deliveries are only made according to availability and in the order of arrival of the orders. The lead times for the preparation of orders and delivery are indicated as exactly as possible but depend on the supply and transport possibilities of the Company and its own suppliers.
If the products ordered have not been delivered within 14 days, for any reason other than force majeure or the fault of the customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L216- 2, L216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days of the date of termination of the contract.
In the event of a specific request from the customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Company, the related costs will be the subject of a specific additional billing, on an estimate previously accepted in writing by the Customer.
It is the Customer’s responsibility to issue upon delivery, and at the latest within 3 days after this delivery, all reasoned and detailed reservations (photos in particular) as to the condition of the Product, with the carrier and on the delivery and send a copy to the Company by email at the following address: email@example.com
In the absence of such reservations, the Customer will be presumed to have taken delivery of a Product in perfect condition and no complaint can be validly accepted by Les Fabriques®.
The Company will reimburse or replace as soon as possible and at its expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in articles L217-4 and following of the Code. consumption and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of Les Fabriques® except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.
The delivery costs will be borne by the Customer and their amount will be indicated on the Purchase Order before validation thereof.
- PRICES – The Products are supplied at the current prices appearing on the site https://shoprima.com , when the Order is registered by the Company.
The prices are expressed in Euros (TTC), excluding delivery costs.
The prices take into account any reductions that would be granted by the Company on the site https:/shoprima.com.
These prices are firm and not revisable during their period of validity but the Company reserves the right outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery which are invoiced in addition, under the conditions indicated on the site and calculated prior to the placing of the Order.
The payment requested from the Customer corresponds to the total amount of the purchase, including its costs.
An invoice and / or receipt is drawn up by the Company and delivered by email and / or by hand to the Customer after receipt of payment for the Order.
Any dispute on the Products may in no case suspend the payment obligation incumbent on the Customer.
- TERMS OF PAYMENT – The price of any Order is paid by secure payment, according to the following terms.
Payment data is exchanged in encrypted mode using the protocol defined by our approved service provider for banking transactions carried out on the site https://shoprima.com.
Unless otherwise stipulated, payments for any order are due: 100% at the time of the Order.
Payments made by the customer will only be considered final after actual receipt by the Company of the sums due.
The Company will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
If the buyer wishes to contact Les Fabriques, he can do so by email at the following address: firstname.lastname@example.org.
Finally, unless expressly agreed otherwise between the Parties, no discounts, discounts or rebates will be made by the Company.
- LATE PAYMENT – In the event of delay or default in payment, partial or total, within the time limit set by special conditions of sale, with a single deadline not benefiting from a postponement authorized in writing, the sums due will bear interest. as of right, and without the need for formal notice, at the legal interest rate, from the first day of delay until the day of full payment. In addition, failure to pay on the due date will automatically result in the payment as a penalty clause, of an indemnity equal to 15% of the unpaid sum, in addition to a lump sum indemnity in the amount of 40 euros for costs. recovery.
In the event of delay or default of payment, partial or total, within a period exceeding 60 days, of a single expiry date of any order placed by the Customer, and not benefiting from a postponement authorized in writing, the Company shall reserves the right either to request the execution of the sale or to terminate the contract by registered letter with acknowledgment of receipt and to retain, as compensation, the deposit paid to the Order, if applicable .
- RIGHT OF WITHDRAWAL – Pursuant to article L. 221-18 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus do return of the product to SHOPRIMA® for exchange or refund without penalty, with the exception of return costs. Returned items must be in new condition and in their original packaging, to allow subsequent marketing. Any item not respecting this directive will not be refunded or exchanged.
- USE OF THE PRODUCTS – By purchasing the Products, the Customer expressly declares to be fully aware of the use of the Products and, the Customer undertakes to use the Product in accordance with current standards and to use the Products strictly according to their destination. Otherwise, the Company cannot be held liable for any improper use of the products sold or for damage for which the responsibility lies with the supplier / manufacturer of the Products.
The Company will be automatically released from any liability, in particular on the basis of the product warranty.
- GUARANTEES – The Company takes the greatest care in ensuring the good quality of its Products which are covered by the legal guarantees of the manufacturers in the matter, the Customer assuming for his part all the risks and responsibilities resulting from the use or work of the Products, alone or in combination with others. This guarantee is therefore granted subject to the express reservation of the use of the Products by the Customer cautious and in accordance with their intended purpose. The Products benefit, in accordance with the legal provisions: from the obligation of compliant delivery, and from the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the Products and rendering them unfit for use .
Any warranty is excluded in the event of misuse (in accordance with the article “Use of the Products” above), negligence or lack of maintenance on the part of the Customer, normal wear and tear of the Product, force majeure, non-observance of the obligations of the Contract relating to the payment of the price of the Product. Any guarantee can only be applied subject to full payment by the Customer of all invoices resulting from the contract and amendments.
- LIMITATION OF LIABILITY – CLAIM – The Company cannot be held liable for any damage caused directly or indirectly by any equipment or component not sold by it and / or for other equipment or components used to be integrated or used jointly with its Products. . In particular, the Company cannot be held liable when the failure of one of its Products is caused by such equipment or components with which it is associated.
Likewise, the Company cannot be held liable in the event of 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 improper use, 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.
It is specified that the photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the seller.
In order to assert his rights, the Customer must inform the Company, in writing to the following address: email@example.com, of the non-conformity of the products or of the existence of hidden defects from their discovery.
Any complaint formulated by the Customer, under the legal guarantees, must be justified and, if applicable, accompanied by all supporting documents as to the defective nature of the disputed Products, as well as the purchase invoice. In the event of a reasoned complaint, a detailed analysis of the disputed Product will be carried out by the Company. If, after this analysis, the Company considers the complaint to be justified, the Company will pay for the return of the defective Products, their replacement or the reduction in the price of the Product, at its discretion, as well as the reshipment of the replaced Product. Otherwise, the costs incurred will be borne by the Customer.
Refunds or replacements for Products deemed to be non-compliant or defective will be made as soon as possible and no later than 15 days following the Company’s finding of the lack of conformity or the hidden defect. This reimbursement can be made by bank transfer.
- FORCE MAJEURE – Are considered as force majeure or fortuitous events, events beyond the control of the Parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the fulfillment of obligations completely impossible.
In particular, the following are assimilated to cases of force majeure or fortuitous events releasing our Company from its obligation to deliver within the initially scheduled timeframes: strikes by all or part of the staff of our Company or of its usual carriers, fire, flooding, war, production stoppages due to fortuitous breakdowns, the impossibility of being supplied with raw material, epidemics, thaw barriers, roadblocks, strike or disruption of EDF-GDF supply, or disruption of supply for a cause not attributable to our company, as well as any other cause of disruption of supply attributable to our suppliers.
In such circumstances, all obligations of the Company will be suspended as of right.
- RETENTION OF OWNERSHIP CLAUSE – BY EXPRESS AGREEMENT AND NOTWITHSTANDING THE TRANSFER OF CUSTODY AND RISKS OCCURRED ON DELIVERY, THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE COMPANY, WHEREVER THEY ARE LOCATED, INCLUDING THE CUSTOMER’S OWN LOCAL PROPERTY OR OF ANY AGENT OF THE LATTER, OR OF ANY SUB-PURCHASER OF THE PRODUCTS, UNTIL THE FULL SETTLEMENT OF INVOICES RELATING TO THESE PRODUCTS. UNTIL THIS FULL REGULATION, THE CUSTOMER SHALL INDIVIDUALIZE THE PRODUCTS DELIVERED BY THE COMPANY. ALL SUMS REMAINING DUE WILL BE PAYABLE IMMEDIATELY, AS WELL AS ALL PRODUCT RETURN FEES AND TAXES INCLUDED.
- INTELLECTUAL PROPERTY – The entire content of the Website (architecture, texts, photographs, illustrations, hypertext links, etc.), as well as all content produced by the Company (presentations, sales procedures, flyers, etc.) is the property of the Company, and is subject to French legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations.
Each Product is usually illustrated by a photo. But the photos representing the products are not contractual and in no way engage the responsibility of the Company towards the Customer.
Any representation or reproduction not expressly authorized by the Company, of all or part of said content on any medium whatsoever, would be illegal and would constitute an infringement punishable by articles L.335-2 and following of the intellectual property code.
Credit for most photos goes to www.kaboompics.com and www.pexels.com
- INFORMATION TECHNOLOGY AND FREEDOM – To meet its contractual obligations, the Company is required to process the Customer’s personal data. The nominative data which are requested from the customer are necessary for the processing of his order and the establishment of invoices in particular. These personal data are recorded in a Company file and can be communicated to any SHOPRIMA® partners responsible for the execution, processing, management and payment of orders.
In accordance with the provisions in force of the European Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data as of April 27, 2016, the Customer has the right to access and rectification of personal data concerning them. They also have a right of opposition, for legitimate reasons, to this data being processed. These rights of access, rectification and opposition can be exercised in accordance with the procedures described in the “legal notices” section of the site shoprima.com.
- LANGUAGE AND APPLICABLE LAW – THESE GTCS ARE DRAFTED IN THE FRENCH LANGUAGE. IF THEY ARE TRANSLATED INTO ONE OR MORE FOREIGN LANGUAGES, ONLY THE FRENCH TEXT SHALL BE AUTHORIZED IN THE EVENT OF A DISPUTE.
THE APPLICABLE LAW IS FRENCH LAW.
- COMPETENT JURISDICTION – The parties undertake, in the event of a dispute of any nature whatsoever, to attempt an amicable settlement of this dispute.
The customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: http://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home. show
In accordance with article L. 612-1 of the Consumer Code, within one year of his written complaint, the consumer, subject to article L.152-2 of the Consumer Code, has the option of submitting a request for an amicable resolution by mediation, to
SAS Mediation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
IN THE EVENT OF THE FAILURE OF THE MEDIATION OR ATTEMPTS TO AMICABLE SETTLEMENT OF THE LITIGATION, ALL DISPUTES WILL BE SUBMITTED TO THE COMPETENT JURISDICTIONS.
- MISCELLANEOUS – The nullity of a contractual clause does not entail the nullity of the GTC as a whole, except if it is an impulsive and decisive clause which led one of the parties to conclude the contract. The temporary or permanent non-application of one or more of the clauses of the T & Cs by the Company shall not constitute a waiver on its part of the other clauses of the T & Cs which continue to produce their effects.
CUSTOMER SERVICE – Our team will be happy to answer your messages and is available for all your questions via the “Contact” section.
We provide 24/7 customer support
Address: 118 Av. Jean Jaurès, 75019 Paris, Île-de-France
Phone: +33 1 84 60 07 76