GENERAL TERMS AND CONDITIONS OF SALE

These terms and conditions of sale (‘General Conditions’) apply to any purchase made by a user/natural person (‘client’) on the website https://www.betc-communication.com (‘SITE’) BETC, Goupe BETC, SARL registered in the Strasbourg Register of Trade and Companies
32884617500060 ,
with its head office 7 dead end of the residents, 67170 BILWISHEIM
France Tel: 03 88 15 79 15,
Fax: 09 57 08 28 13,
info@betc-communication.com (‘THE’).

important
Any order placed on the SITE necessarily implies the full acceptance of the CLIENT’s current terms and conditions of sale.

 

Article one. Definitions

The following terms have the following meaning in these Terms and Conditions:

 

  • « Customer » means the seller’s co-contracting party, which guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly foreseen that this CLIENT acts outside of any usual or commercial activity.
  • « LIVRAISON »: refers to the first presentation of PRODUITS ordered by the CLIENT at the delivery address indicated at the time of the order.
  • « PRODUITS »: refers to all products available on site.
  • «Territory» : DESIGNATES metropolitan France (excluding DOM/Tom).

 

Article 2. Object

These general conditions govern the sale by the seller to its customers of the products.

The CLIENT is clearly informed and acknowledges that SITE is aimed at consumers and that professionals should contact the VENDEUR’s sales department in order to benefit from separate contractual terms.

 

Article 3. Acceptance of the General conditions

The CLIENT undertakes to read these Terms and Conditions carefully and accept them, before making payment of an order of PRODUITS placed on site.

These Terms and Conditions are referenced at the bottom of each SITE page by link and must be consulted before ordering. The customer is invited to read carefully, download, print the general terms and to keep a copy.

The VENDEUR advises the CLIENT to read the Terms and Conditions with each new order, with the latest version of the terms applying to any new PRODUITS order.

By clicking on the first button to place the order and then on the second to confirm the order, the customer acknowledges having read, understood and accepted the terms and conditions without limitation or condition.

 

Article 4. Purchase of products on site

In order to purchase a PRODUCT, the CLIENT must be at least 18 years old and have the legal capacity or, if it is a minor, be able to justify the agreement of its legal representatives.

The CLIENT will be asked to provide information to identify it by completing the form available on site. The sign (*) indicates the required fields that must be filled in order for the customer’s order to be processed by the seller. The customer can verify on the SITE the status of his order. The tracking of LIVRAISONS can, if necessary, be carried out using the online tracking tools of some carriers. The CLIENT can also contact the VENDEUR’s sales department at any time by email, at the info@really-free.com address, in order to obtain information on the status of its order.

The information that the CLIENT provides to the VENDEUR during an order must be complete, accurate and up-to-date. The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

 

Article 5. Commands

Article 5.1 product characteristics
The VENDEUR undertakes to present the essential characteristics of PRODUITS (on the information sheets available on site) and the mandatory information that the CLIENT must receive under applicable law (in these Terms General).

The CLIENT undertakes to read this information carefully before ordering on site.

Unless expressly stated on site, all PRODUITS sold by the VENDEUR are new and comply with current European legislation and applicable standards in France.

Article 5.2. Ordering procedure
Orders for products are directly placed on the SITE. To make an order, the CLIENT must follow the steps described below (please note, however, that depending on the client’s start page, the steps may differ slightly).

5.2.1. Selection of PRODUITS and call options
The customer must select the product (s) of his choice by clicking on the product (s) concerned and choosing the desired characteristics and quantities. Once the product is selected, the product is placed in the customer’s basket. The latter can then add as many PRODUITS to his basket as he wishes.

5.2.2. Commands
Once the products are selected and placed in their basket, the customer must click on the basket and verify that the contents of his order are correct. If the CLIENT has not yet done so, it will then be asked to identify or register.

Once the CLIENT has validated the contents of the basket and has identified/registered, an online form will be automatically completed and summarizing the price, applicable taxes and, if applicable, delivery costs.

The CLIENT is asked to verify the content of its order (including the quantity, characteristics and references of the PRODUITS ordered, the billing address, the payment method and the price) before validating its content.

The CLIENT can then proceed with the payment of PRODUITS by following the instructions on the SITE and provide all the information necessary for the billing and DELIVERY of the PRODUITS. For products for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary to properly process the order.

The CLIENT must also select the chosen delivery method.

5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on site to acknowledge receipt of the CLIENT order. A copy of the receipt of the order is automatically emailed to the CLIENT, provided that the email address provided through the registration form is correct. .

The VENDEUR does not send any confirmation of order by mail or fax.

5.2.4. invoicing
During the ordering process, the customer must enter the information necessary for invoicing (the sign (*) will indicate the required fields to be filled in order for the customer’s order to be processed by the seller).

In particular, the CLIENT must clearly state all the information relating to the LIVRAISON, in particular the exact address of LIVRAISON, as well as any possible access code to the ADRESSE of LIVRAISON.

The customer must then specify the payment method chosen.

Neither the order that the CLIENT makes online, nor the acknowledgement of receipt of the order that the VENDEUR sends to the CLIENT by e-mail constitute an invoice. Regardless of the ordering or payment method used, the CLIENT will receive the original invoice at PRODUITS LIVRAISON, inside the package.

5.3. Order date
The date of the order is the date on which the seller acknowledges receipt of the order online. The deadlines listed on the SITE do not start to run until that date.

5.4. Price
For all PRODUITS, the CLIENT will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the address of LIVRAISON and the carrier or mode of transport).

Prices include in particular the value-added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of PRODUITS from the effective date of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the product sold.

Prices for VENDEUR suppliers are subject to change. As a result, the prices listed on the SITE may change. They can also be changed in case of special offers or sales.

The prices quoted are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the customer.

5.5. Availability of products
The unavailability of a PRODUIT is in principle indicated on the page of the product concerned. CLIENTS can also be informed of the restocking of a PRODUIT by the VENDEUR.

In any event, if the unavailability was not indicated at the time of the order, the VENDEUR undertakes to notify the CLIENT without delay if the PRODUIT is unavailable.

The seller may, at the request of the customer:
Either propose to ship all PRODUITS at the same time as soon as the out-of-stock PRODUITS are available again,

Either proceed to a partial shipment of the PRODUITS available first, and then the shipping of the rest of the order when the other PRODUITS will be available, subject to clear information regarding transport costs additional information that can be committed,

Either offer an alternative product of quality and equivalent price, accepted by the customer.

If the CLIENT decides to cancel its order of unavailable PRODUITS, it will obtain reimbursement of all amounts paid for PRODUITS unavailable no later than 30 days of payment.

 

 

Article 6. Right of withdrawal

The terms of the right of withdrawal are provided in the section « Modalities for the exercise of the right of withdrawal », available in Appendix 1 of the present and accessible at the bottom of each page of site via a hyperlink.

 

Article 7. Payment

7.1. Means of payment
The customer may pay his products online on the SITE according to the means offered by the seller.

The CLIENT assures the VENDEUR that it has all the necessary authorizations to use the chosen means of payment.

The VENDEUR will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on SITE.

It is hereby clarified that all information relating to the payment provided on the site is forwarded to the site Bank and is not processed on the site.
7.2. Date of payment

In case of a single payment by credit card, the customer’s account will be debited upon order of products placed on the SITE.

In the event of partial LIVRAISON, the total amount will be debited from the CLIENT account at the earliest when the first package is shipped. If the CLIENT decides to cancel its order for unavailable PRODUITS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.

7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the customer must contact the customer service of the seller in order to pay the order by any other valid means of payment.

If, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money owed by the CLIENT would prove impossible, the order will be cancelled and the sale automatically terminated.

 

Article 8. Proof and archiving

Any contract with the CLIENT for an order of more than 120 euros TTC will be archived by the VENDEUR for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The VENDEUR agrees to archive this information to track transactions and produce a copy of the contract at the request of the CLIENT.

In the event of a dispute, the VENDEUR will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

 

Article 9. Transfer of ownership

The VENDEUR remains the owner of the PRODUITS delivered until their full payment by the CLIENT.

The above provisions do not interfere with the transfer to the CLIENT, at the time of receipt by the CLIENT, or by a third party designated by it other than the carrier, of the risk of loss or damage to the PRODUITS subject to the property reserve, as well as risk of damage they may cause.

 

 

Article 10. Delivery

The produits DELIVERY terms are included in the « delivery policy » covered in Appendix 2 of the present and accessible at the bottom of each SITE page via a hyperlink.

 

 

Article 11. wrapping

PRODUITS will be packaged in accordance with current transportation standards to ensure maximum protection for PRODUITS during LIVRAISON. CLIENTS undertake to meet the same standards when they return PRODUITS under the conditions set out in Appendix 1 – terms and conditions for the exercise of the right of withdrawal.

 

Article 12. Guarantees

12.1. Compliance guaranteeArticle L.211-4 of the Consumer Code « The seller is required to deliver a property in accordance with the contract and is liable for compliance defects that exist at the time of issuance. It also responds to non-compliance resulting from packaging, assembly instructions or installation when it has been paid for by the contract or has been carried out under its responsibility. »

Article L.211-5 of the Consumer Code: To comply with the contract, the property must:

(1) Be clean to the usually expected use of a similar property and, if necessary:

– match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

(2) Or to present the characteristics defined by the parties by the parties or to be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the seller has accepted.

The VENDEUR is required to deliver a PRODUCT that is specific to the expected use of a similar property and corresponding to the description given on site. This compliance also assumes that the PRODUIT has the qualities that a buyer can legitimately expect in light of the public statements made by the VENDEUR, including in advertisements and on labelling.

In this context, the VENDEUR is likely to be responsible for existing non-compliance during the issuance and compliance defects resulting from the packaging, assembly instructions or installation when it has been put in its care or has been carried out under his responsibility.

The action resulting from the non-compliance is prescribed by two (2) years from the issuance of the PRODUIT. (Article L.211-12 of the Consumer Code)

In the event of a non-compliance, the CLIENT may request the replacement or repair of the PRODUIT, at its choice. However, if the cost of choosing the CLIENT is clearly disproportionate to the other option, given the value of the PRODUIT or the size of the default, the VENDEUR will be able to make a refund, without following the option chosen by the client.

In the event that a replacement or repair would be impossible, the VENDEUR undertakes to return the price of the PRODUIT within 30 days upon receipt of the returned PRODUIT and in exchange for the return of the PRODUIT by the CLIENT to the following address 7 impasse of the residents.

Finally, the CLIENT is exempt from reporting proof of the existence of product’s non-compliance for six (6) months following the issuance of the property.

It is specified that this legal guarantee of compliance applies independently of the commercial guarantee granted, if any, on PRODUITS.

12.2. Guarantee of hidden defects
The VENDEUR is bound by the guarantee because of the hidden defects of the produit sold which make it unsuitable for the intended use, or which diminish this use so much that the CLIENT would not have acquired it, or would have given only a lower price, if it had known them. (Article 1641 of the Civil Code)

This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUIT if it is returned and the refund of part of its price, if the PRODUIT is not returned.

In the event that a replacement or repair would be impossible, the VENDEUR undertakes to return the price of the PRODUIT within 30 days upon receipt of the returned PRODUIT and in exchange for the return of the PRODUIT by the CLIENT to the following address 7 impasse of the residents. The action resulting from the defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1st of Article 1648 of the Civil Code)

 

Article 13. Responsibility

The VENDEUR will not be liable in the event of non-performance or misperformance of contractual obligations attributable to the CLIENT, particularly when the order is entered.

The VENDEUR may not be held responsible, or considered to have failed here, for any delay or non-performance, where the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the courts and French courts.

It is further clarified that the seller does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided only as an indication and no guarantee sits on their content.

 

 

Article 14. Policy

The seller collects personal data about its customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the seller is used to process the orders placed on the SITE, to manage the customer’s account, to analyse the orders and, if the customer has chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the customer no longer wishes to receive such communications from the seller.

The customer’s data are kept confidentially by the seller in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to the service providers of the seller involved in the ordering process. For commercial purposes, the VENDEUR may transfer the names and contact details of its CLIENTS to its business partners, provided that they have given their prior consent when registering on site.

The VENDEUR will specifically ask CLIENTS if they want their personal data to be disclosed. CLIENTS will be able to change their mind at any time on site or by contacting the VENDEUR.

The VENDEUR can also ask its CLIENTS if they would like to receive commercial solicitations from its partners.

In accordance with Law 78-17 of 6 January 1978 relating to computer files and freedoms, the CLIENT has the right to access, rectification, opposition (for legitimate reasons) and the deletion of its personal data. He can exercise this right by sending an e-mail to the address: info@really-free.com either by sending a letter to 7 dead end staleby residents.

It is specified that the CLIENT must be able to justify its identity, either by scanning an ID or by sending the VENDEUR a photocopy of its ID.

 

Article 15. Claims

The VENDEUR provides the CLIENT with a « Customer Telephone Service » on 09 52 08 28 13 (untaxed number).

Any written complaint from the CLIENT must be forwarded to the following address: 7 dead endof of the residents.

 

 

Article 16. Intellectual property

All visual and sound elements of SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These items are the exclusive property of the seller. Anyone who publishes a website and wants to create a direct hyperlink to SITE must request the seller’s permission in writing.

This authorisation of the seller shall in no case be granted definitively. This link should be deleted at the request of the seller. Hyperlinks to SITE that use techniques such as framing or in-line linking are strictly prohibited.

 

 

Article 17. Validity of the general terms and conditions

Any change in the law or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions, will not affect the validity of these Terms and Conditions. Such an amendment or decision does not in any way authorize CLIENTS to ignore these Terms and Conditions.

All conditions not expressly dealt with herein will be governed in accordance with the use of the retail sector, for companies headquartered in France.

 

 

Article 18. Changes to the terms and conditions

These Terms and Conditions apply to all purchases made online on SITE, as long as site is available online.

The terms and conditions are dated in a precise manner and may be modified and updated by the seller at any time. The applicable Terms and Conditions are those in effect at the time of the order.

Changes to the Terms and Conditions will not apply to PRODUITS already purchased.

 

 

Article 19. Jurisdiction and applicable law

The present general conditions and the relations between the customer and the seller are governed by French law.

In the event of a dispute, only the French courts will be competent.

However, prior to any recourse to the arbitral or State Court, negotiation shall be privileged in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.

The party wishing to implement the negotiation process will have to inform the other party by letter recommended with acknowledgement, indicating the elements of the dispute. If, after a period of fifteen (15) days, the parties fail to reach an agreement, the dispute will be referred to the relevant court designated below.

Throughout the negotiation process and until its outcome, the parties prohibit themselves from taking any legal action against each other and for the conflict that is the subject of the negotiation. By exception, the parties are entitled to apply to the court of the referees or to seek an order on request. Any action before the court of the referees or the implementation of a procedure on request does not result in any waiver of the amicable arrangement clause on the part of the parties, unless expressly will to the contrary.

 

APPENDIX 1

 

RETRACTATION PRINCIPLE Retraction

The CLIENT has, as a matter of principle, the right to return or return the PRODUIT to the VENDEUR or to a person designated by the latter, without excessive delay, and no later than 14 days after the release of its decision to retract, unless the VE NDEUR does not offer to recover the PRODUIT itself.

Withdrawal period

The retraction period expires fourteen (14) calendar days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUIT.

In the event that the CLIENT has ordered multiple PRODUITS via a single order resulting in multiple LIVRAISONS (or in the case of a single PRODUIT order delivered in several batches), the retraction period will expire fourteen (14) calendar days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUIT delivered.

Notification of right of withdrawal

In order to exercise its right of withdrawal, the CLIENT must notify its decision to withdraw from this contract by means of an unambiguous statement to: 7 impasse of the residents or info@really-free.com.

He can also use the form below:
RETRACTION FORM To the attention of [O] (CONTACT coordinates)

VENDEUR’s phone number:
VENDEUR fax number:
VENDEUR’s e-mail address:

I hereby notify you of my retraction of the contract for the sale of the PRODUIT below:

PRODUCT reference
Bill number:
Order number:
– Ordered on

[____________]

/received on

[________________]

– Payment method used:
– Name of client and, if applicable, recipient of the order:
– CLIENT address:
– Delivery address:
– Signature of the CLIENT (except in case of transmission by email)
– Date

In order for the withdrawal period to be met, the CLIENT must submit its communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of retraction

In the event of a retraction by the CLIENT, the VENDEUR undertakes to reimburse all the sums paid, including delivery costs without excessive delay and, in any event, no later than fourteen (14) days from the day the VENDEUR is informed of the v client to retract.

The VENDEUR will make the refund using the same payment method as the CLIENT used for the initial transaction, unless the CLIENT expressly agrees on a different means, in any event, this refund will not result in the refund a fee for the customer.

The VENDEUR may defer the refund until the property is received or until the CLIENT has provided proof of shipment of the property, the date chosen being that of the first of these facts.

Return terms

The CLIENT must, without excessive delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property, to: 7 deadlock of the residents.

This deadline is deemed to be met if the CLIENT returns the property before the 14-day period expires.

Return costs

The CLIENT will have to cover the direct costs of returning the property.

State of the returned property

The PRODUIT must be returned according to the salesman’s instructions and include all accessories delivered.

The client is only liable for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the opportunity to test the PRODUIT but its liability may be incurred if it performs manipulations other than those required.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following assumptions:

 

  • Supply of goods or services whose price depends on fluctuation in the financial market
  • Supply of goods made to client specifications or clearly customized
  • Supply of goods that could deteriorate or quickly expire
  • Providing sealed audio or video or software recordings that have been unsealed after delivery
  • Newspaper, periodical, magazine (except subscription contract)
  • Providing accommodation services other than residential, transportation of property, car rental, catering or leisure-related services if the offer provides for a specific date or period of execution
  • Supply of goods that by their nature are inseparably mixed with other items
  • Supplies of sealed goods that cannot be returned for health or hygiene reasons and which were unsealed by the CLIENT after the LIVRAISON
  • the supply of alcoholic beverages whose price was agreed at the time of the closing of the sales contract, whose delivery can only be made after 30 days and whose real value depends on fluctuation in the market beyond the control of the VENDEUR
  • Providing unsupplied digital content if the execution began with the consumer’s express prior consent, which also acknowledged that it will lose its right to retract
  • contracts entered into at a public auction

 

APPENDIX 2

DELIVERY POLICY

Delivery area

The proposed PRODUITS can only be delivered on the TERRITORY.

It is not possible to place an order for any delivery address located outside this TERRITORY.

PRODUITS are shipped to the delivery address that the CLIENT will have indicated during the ordering process.

Shipping time

The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUITS in stock are mentioned on site. These deadlines are understood outside weekends or public holidays.

An e-mail message will be automatically sent to the CLIENT at the time of the PRODUITS shipment, provided that the email address on the registration form is correct.

Delays and Delivery costs

During the ordering process, the VENDEUR tells the CLIENT the possible shipping times and formulas for purchased PRODUITS.

Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUITS purchased.

Details of delivery times and charges are detailed on site.

Terms of delivery

The parcel will be given to the CLIENT for signature and upon presentation of an ID.

In case of absence, a notice of passage will be left to the CLIENT, to allow him to pick up his parcel at his post office.

DELIVERY problems

The CLIENT is informed of the delivery date set at the time it chooses the carrier, at the end of the online ordering process, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Failing that, the CLIENT must order the VENDEUR to deliver within a reasonable time and in the event of non-delivery within that time, it may terminate the contract.

The VENDEUR will refund, without excessive delay from receipt of the termination letter, to the CLIENT the total amount paid for PRODUITS, taxes and delivery fees included, using the same method of payment used by the CLIENT to purchase the Products.

The VENDEUR is responsible until the delivery of the PRODUIT to the CLIENT. It is recalled that the CLIENT has three (3) days to notify the carrier of the partial damage or losses observed during delivery.

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