PREAMBLE
The website managed by SAS Franck Boschmans "Spirit of Sweden®" is an e-commerce website accessible via the Internet at https://spirit-of-sweden.fr (here in after referred to as the "Site").
ARTICLE 1
OBJECT
The Site allows the sale of new products (here in after referred to as "Products") by the Seller "Spirit of Sweden®" to any customer (here in after referred to as the "Customer").
This document establishes the general conditions of use of the Site, as well as the general conditions of purchase of products through the latter (here in after the "Conditions").
These Terms apply not only to users of the Site who are content to browse the Site but also to Customers who have placed an order on the Site.
ARTICLE 2
REGISTRATION ON THE SITE
The registration on the Site is free. It is not h3 prerequisite for placing an order on the Site.
To validate his registration, the Customer must indicate his name, first name, an email address and choose a password.
At the end of the registration formalities, an account is opened in the name of the registered Customer who has previously chosen an identifier and a password. This account is accessible by the Customer by entering his username and his confidential code. The Customer registered on the Site undertakes not to communicate them.
ARTICLE 3
CONCLUSION OF THE SALES CONTRACT
3.1 Prerequisites for subscribing to an order on the Site
To place an order on the Site, the Customer must be 18 years of age or over.
Clients must be natural persons. Excludes legal persons or natural persons who contract in a professional or commercial interest.
The Customer must have access to the Internet and an e-mail address to place an order on the Site.
Unless "Spirit of Sweden®" breaches one of its obligations, "Spirit of Sweden®" is not responsible for the Client's inability to connect to the Internet, the Site, or to access the user account that "Spirit of Sweden®" will have created him or even any damage caused by this incapacity.
The Customer must hold the credit card whose details are given when ordering.
If "Spirit of Sweden®" realizes that a Customer does not fulfill one of the eligibility conditions mentioned in this article, "Spirit of Sweden®" reserves the right, at its option and in its sole discretion, from:
• request additional supporting documents verifying the veracity of the information provided by the Customer or;
• close the Customer's user account with immediate effect.
3.2. Registration and validation of an order
For a Customer to place an order on the Site, he will have to follow the following steps:
- The Customer selects the Product (s) he wishes to purchase. The Products are presented on the Site with a description enabling the Customer to know their essential characteristics, their price and the delivery time of the Product.
- He confirms his choice of Product (s) by validating his basket.
- He thus sees appearing the detail of his order. He can modify if necessary his order, corrected of possible errors, before confirming this one to express his acceptance by re-validating his basket.
- The Customer must click on the "Payment" button. The Customer must complete his delivery address.
- The Customer must then click on the button "Continue to the method of sending".
- The Customer sees the delivery method provided for this order and must click on the button "Continue to the payment method".
- The Customer must choose his method of payment and complete his bank details.
The Customer acquires and accepts the present GTC by a check box and proceeds to the payment.
When the Customer clicks on the button "Place my order", he declares to accept all the present Conditions, fully and without reserve.
The Client acknowledges that his acceptance of the offer is made in consideration of the description of the Product that is the object of the sale and that it constitutes a firm and irrevocable commitment to contract.
Product offers are valid as long as they are visible on the Site, while stocks last.
In the particular case where the same Product is the subject of an order by several Customers at a time, and depending on the availability of this Product, it will only be sold to the first Customer who registers his order. - Once the order has been confirmed by the Customer, a first email is sent to him regarding the registration of his order and informs him that the processing of his order is underway provided that the purchased Product is available.
- Within 48 hours after this first email, the Customer receives a second email in case of unavailable Product, the cancellation of his order and the possibility of obtaining either the exchange by another Product sold on the Site of an identical amount, to obtain a refund of the amount of his order.
ARTICLE 4
PRICES AND TERMS OF PAYMENT
The purchase price of the Product is quoted in euros including VAT and delivery charges on the description sheet, the latter being added before final confirmation of the order.
As a reminder, the fact that the Customer to validate his order implies the obligation to pay the price indicated.
"Spirit of Sweden®" reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in force at the time of the registration of the orders subject to availability on this date.
The payment of online purchases is made by PAYPAL and credit card (Visa, Mastercard, other blue cards). In the event that the payment authorization is refused by the bank, the order will be canceled. The credit card numbers are in no case communicated by the bank which is the only holder.
Any sum paid by the Customer prior to the delivery of the Product and not representing the full price of the purchase constitutes a deposit on the sale price definitively due by the Customer.
The data relating to bank cards are deleted once the transaction is completed, that is to say as soon as it is actually paid, which can be deferred upon receipt of the Product, increased, if necessary, by the withdrawal period provided for the contracts. concluded at a distance and outside the establishment, in accordance with Article L. 221-18 of the Consumer Code.
No banking information is saved in the databases.
ARTICLE 5
AVAILABILITY
The purchase is made under the condition precedent of the availability of the Product.
Product offers are offered within the limits of available stocks
In case of unavailability of the Product after placing the order, "Spirit of Sweden®" will inform the Customer by email as soon as possible and at the latest within 48 hours of the order.
If the ordered Product is no longer available, the Customer will have the opportunity to obtain either an exchange by another Product of an identical amount sold on the Site, or a refund of the amount of his order via the same means of payment as the one used when placing the order.
ARTICLE 6
DELIVERY
6.1 General
The Products are delivered to the delivery address indicated by the Customer during the ordering process. Delivery times indicated are average times and correspond to the processing times of packages and transport. The delivery period will only begin to run from the date of full payment of the order.
6.2 Time and method of delivery
Products ordered in accordance with these Conditions will be delivered to the delivery address indicated by the Customer when entering his order.
The Customer can be delivered in France, in the European Union.
Delivery times and methods are indicated at the time of validation of your order.
In case of exceptional out of stock of one or more Products on an order, the Customer will be notified of this shortage of stock as soon as possible by email to the address he will have provided when registering.
6.3 Delivery charges
The delivery costs are automatically calculated on the Site and the Customer is informed of their amount before validating his order.
6.4 Difficulties of delivery
The Customer must check the conformity of the goods delivered at the time of delivery before signing the delivery note and indicate on the delivery form in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (anomaly, damaged product ...) .
"Spirit of Sweden®" undertakes to reimburse the Customer or to exchange the Products that do not correspond to his order (defective or non-compliant). The Customer must make in writing (mail or registered mail with acknowledgment of receipt) the day of delivery or at the latest within eight working days of delivery any request for items not corresponding to his order (delivery error, no conformity of the Products ...). Complaints should be addressed to "Spirit of Sweden®". The Customer must indicate his coordinates, his order number, the references of the Product appearing on the order form and the reasons for his request.
"Spirit of Sweden®" will exchange or refund the Product (s).
In any case, the return of the Products can only be accepted for the complete Products, in their original state (packaging, accessories, instructions ...) accompanied by the order form.
ARTICLE 7
SECURITY
The Site is subject to a security system. An SSL encryption method has been adopted, reinforced by scrambling and encryption methods to most effectively protect all sensitive data related to the means of payment.
The data relating to bank cards are deleted once the transaction is completed, that is to say as soon as it is actually paid, which can be deferred upon receipt of the Product, increased, if necessary, by the withdrawal period provided for the contracts. concluded at a distance and outside the establishment, in accordance with Article L. 221-18 of the Consumer Code.
In the case of a payment by credit card, the number of the card and the date of validity of this one can be preserved for a finality of proof in the event of possible dispute of the transaction, in intermediate archives, for a duration thirteen (13) months following the debit date. ..
The Customer agrees to keep confidential his identifiers and access codes which are strictly personal and non-transferable. The entry of the access code associated with the Customer's username, or the use of the authentication service provided by a third party service on the Site constitutes the act valid proof of the identity of the Customer on the occasion of its use of the Site.
The Customer is solely responsible in case of transaction (s) concluded, even without his knowledge, by a person using his username and PIN, and he will bear the consequences alone.
The Customer undertakes to reveal any use by a third party of his username and / or his confidential code as soon as he becomes aware of it. The Customer agrees not to create or use accounts other than the account he originally created.
To protect Customers against possible intrusion, "Spirit of Sweden®" does not store credit card numbers on their computer servers.
ARTICLE 8
RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, as part of a purchase made online on the Site, the Customer has a period of fourteen (14) days from receipt of the Product (s) ordered to exercise , with "Spirit of Sweden®", its right of withdrawal, without having to justify reasons or to pay a penalty. If the deadline expires on a Saturday, a Sunday, a holiday or holiday, it is extended until the next working day.
In the case of an order containing more than one Product, this period of 14 days runs from the receipt of the last Product.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products purchased (s) and the shipping costs will be refunded, the cost of return remaining the responsibility of the Customer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) in a packaging identical to that used during the expedition allowing their remarketing.
Returns must also be accompanied by proof of purchase of a copy of the invoice or purchase order slip for optimized management.
In accordance with the regulations in force (article L221-28 code consumption), the right of retraction can not be exerted for:
• audio, video or computer software records unsealed after delivery,
• Supply of goods that have been unsealed by the consumer after delivery and that can not be returned for reasons of hygiene or health protection;
• Providing a newspaper, periodical or magazine, except for subscription contracts to these publications;
The Customer exercises his right of withdrawal directly from "Spirit of Sweden®" using the standard withdrawal form accessible on the one hand, on the Site and on the other, as an attachment in the confirmation email. of the order.
He can also assert his right of retraction by indicating, by email to the address contact@spirit-of-sweden.fr the object of his request, his name and surname, his order number, his address and the date of his his command, expressing his desire to retract without any ambiguity.
Once the form or declaration of withdrawal has been sent to "Spirit of Sweden®", the Customer must return the Product (s) to "Spirit of Sweden®" within a reasonable time and, at the latest, within 14 days from the Customer's decision to retract.
"Spirit of Sweden®" will refund the amounts paid including delivery costs; not later than 14 days from the date on which the right was exercised; according to the same payment method used for the order. This refund date may be deferred until recovery of the Product.
ARTICLE 9
GUARANTEES
All the products on sale on the Site benefit from the legal guarantee of conformity (as defined in the articles L217-4 and following of the Code of the Consumption) and the guarantee against latent defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return the defective or non-compliant Products delivered free of charge.
9.1 Legal guarantee of conformity
Article L217
of the Consumer Code: "The seller delivers a good in accordance with the contrach3 and responds to defects of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. "
Article L217
of the Consumer Code: "The property conforms to the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including 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, made known to the seller and the latter has accepted .. "
9.2 Warranty against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the guarantee for reasons of hiddeh3 defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use, that the buyer does not would not have acquired, or would have given a lower price, if he had known them. "
9.3 Exclusion of guarantees
Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty will not cover products damaged during transport or due to misuse.
9.4 Procedures for implementing legal warranties
For any request concerning legal warranties, the Customer must then contact "Spirit of Sweden®" by email or registered mail with acknowledgment of receipt.
9.5 Consequence of implementation of safeguards
As part of the legal guarantee of conformity, "Spirit of Sweden®" is committed according to the choice of the Customer:
- replace the Product with an identical product depending on the available stocks,
- to refund the price of the Product if the Customer decides to return the Product,
- or, if the Customer decides to keep the Product and the replacement of the Product proves impossible, refund him a portion of the price or grant him a credit, according to the Customer's choice.
ARTICLE 10
MODIFICATION OF THE CONTRACT BY "Spirit of Sweden®"
"Spirit of Sweden®" may modify these Terms.
"Spirit of Sweden®" will inform the Customer through its Site of the implementation of the modified Terms.
ARTICLE 11
CONSERVATION OF CONTRACT
"Spirit of Sweden®" ensures the conservation, for a period of 10 years, of the contractual terms which tie it to the Customer.
ARTICLE 12
INTELLECTUAL PROPERTY
The Site and all its content (photos, text, fixed or animated graphic elements, sound, databases, software ...) is protected by copyright and more generally by intellectual property. It is the property of "Spirit of Sweden®".
As such and in accordance with the provisions of the Code of Intellectual Property, only the use of the Site for private use is authorized subject to different or even more restrictive provisions of the Code of Intellectual Property. Any other use constitutes infringement and is punishable under the Intellectual Property, unless prior authorization of "Spirit of Sweden®".
ARTICLE 13
LIABILITY
The Customer is solely responsible for the use of the Site in accordance with its use, these Conditions, and which the Customer recognizes at the time of validation of the order to have received communication. The Customer is responsible for the custody of his equipment, he will ensure that no other person has access to his account.
The Customer may not give access to his account to any third party, whether in return for payment or free of charge, except with the express prior written consent of "Spirit of Sweden®".
Occasionally "Spirit of Sweden®" may modify its contact address, interrupt the Site for operational, maintenance or emergency reasons.
"Spirit of Sweden®" will make its best efforts to prevent the Customer by any means, including through information pages of the Site, as soon as it is aware of the scheduled dates of interventions, and to reduce as soon as possible unavailability during the day (procedures performed at night in general), but does not guarantee the continuity, permanence or quality of access to the Site.
"Spirit of Sweden®" will not be responsible for any unavailability of the Service caused by a failure of the telecommunications operators.
"Spirit of Sweden®" will not be responsible for any indirect damage that may be suffered by the Customer, including: operating losses or information. The Customer undertakes to keep a backup copy of any information incorporated into his user account.
The Customer is responsible for the use of his user account.
In case of non-compliance with these Conditions, "Spirit of Sweden®" reserves the right to refuse its services offered on the Site.
"Spirit of Sweden®" will not be held responsible, irrespective of any fault on its part, of the failure to receive e-mails sent by "Spirit of Sweden®" to the Clients that could result in particular from a failure of the Internet connection, a failure of the e-mail system that the Customer uses for his e-mails, an incorrect e-mail address provided by the Customer to "Spirit of Sweden®", a Customer failure to check his e-mails or to inform "Spirit of Sweden" Sweden® "a change in his email address, a failure of email delivery by the email provider.
The Products offered conform to the French legislation in force and the standards applicable in France. The photos on the Site are provided for illustrative purposes. The Customer must refer to the description of each Product to know the precise characteristics.
The Customer must proceed with the data backup. "Spirit of Sweden®" can not be held responsible for any loss of data, files or damages defined in the previous paragraph. The total or partial inability to use the Products due to incompatibility of material can not give rise to any compensation or reimbursement or questioning of the responsibility of "Spirit of Sweden®".
Hypertext links may link to sites other than the Site and "Spirit of Sweden®" is released from any liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
ARTICLE 14
PERSONAL DATA
"Spirit of Sweden®", as data controller, processes the Customer's personal data for the purpose of managing its order and business relationships. This personal data may be transmitted to the companies that contribute to these relationships such as those responsible for the execution of the services and orders for their management, execution, processing and payment.
The conditions under which "Spirit of Sweden®" collects and processes the personal data of Customers are presented in the document "Privacy Policy" of the Site.
In accordance with the Data Protection Act of 6 January 1978 and the EU Regulation No. 2016/679, the Customer has the right to access, rectify or delete personal data concerning him or her a right to the portability of his data, a right to the limitation of treatment, a right to oppose the treatment and a right to define directives concerning the fate of his personal data after his death .
The customer can exercise these rights by writing to contact@spirit-of-sweden.fr.
The Customer has the right to lodge any complaint with a supervisory authority: www.cnil.fr
The Cookies management of the Site is specified in the document "Cookies Management Policy" available on the Site.
ARTICLE 15
GENERAL PROVISIONS
The Customer will connect to the Site using its telecommunications terminal equipment in compliance with the regulations in force. "Spirit of Sweden®" does not provide the Customer with any hardware, telephone installation, terminal equipment or other equipment or software.
The Agreement may not be assigned by the Customer, in whole or in part, without the express written consent of "Spirit of Sweden®". "Spirit of Sweden®" may assign all or part of the Contract subject to informing the Customer and provided that the assignee is engaged in the same terms vis-à-vis the Customer. In addition, "Spirit of Sweden®" may use any subcontractor of its choice for the execution of all or part of these.
The fact that "Spirit of Sweden®" does not prevail at any time in any of the provisions of these Conditions shall not be construed as a waiver of any subsequent provision of such provisions.
The Parties will not be responsible for the non-fulfillment of their obligations in case of occurrence of a case of force majeure, as defined by the constant jurisprudence of the French Courts.
ARTICLE 16
CUSTOMER SERVICE
For any information or question, the Customer Service of "Spirit of Sweden®" is at the disposal of the Customer via the address contact@spirit-of-sweden.fr.
ARTICLE 17
APPLICABLE LAW
This contract is subject to French law.
All disputes that may arise from the interpretation or performance of the obligations arising directly or indirectly from these are the exclusive jurisdiction of the French Courts.