Between the company ESCOT, 9 bis rue de la mairie, 13550 Noves, registered in the Register of Professions of Bouches du Rhône under number SIRET 452 378 292 00026, code APE 13992Z represented by Mr Cyril Escot, as manager, duly authorized for the purposes hereof. The company ESCOT can be reached by email by clicking on the contact form accessible via the home page of the site.
On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It was exposed and agreed what follows :
ESCOT is a publisher of products for consumers, marketed through its websites https://ets-escot.fr/ . The list and the description of the properties proposed by the company ESCOT can be consulted on the site mentioned above.
Article 1: Purpose and General Provisions
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company's Internet sites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GSC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company's website at the following address: https://ets-escot.fr/gb/content/15-conditions-generales-de-ventes . The company ESCOT also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he / she has read all of these General Terms and Conditions of Sale and, where applicable,
Special Conditions of Sale related to a product, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by ESCOT constitutes the proof of all transactions.
Article 2: Price
The prices of the products sold through the website are indicated in Euros excluding taxes and precisely determined on the product descriptions pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes 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 his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. ESCOT reserves the right to change prices at any time for the future. The telecommunication costs necessary to access the website of ESCOT are the responsibility of the Customer. If applicable, also the delivery costs.
Article 2.1: Price - example of unlawful clause
The company ESCOT reserves the right to change prices at any time of products purchased on subscriptions by the consumer.
Article 3: Conclusion of the contract on line
The Customer must follow a series of steps specific to each Product offered by the Seller to fulfill his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address ...); ➢ Acceptance of these General Terms of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Followed instructions for payment, and payment of products. ➢ Delivery of products. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification. 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: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the website of ESCOT. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller agrees to honor the Customer's order within the limit of the available Products inventory only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Offer of the Products and their prices is specified on the website of ESCOT, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only to the natural person signing the order (or the person with the email address provided). In accordance with the legal provisions on compliance and hidden defects, the Seller refunds or exchanges the defective products or not corresponding to the order.
Article 5: Retention of title clause
The products remain the property of ESCOT until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering. The delivery time does not take into account the time of preparation of the order. When the Customer orders several products at the same time, they may have different delivery times sent according to the following methods. In case of late delivery, the Customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller proceeds to the refund of the product and expenses "go" under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller reminds that at the moment when the Customer hangs physically the products, the risk of loss or damage of the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to available stocks. In case of unavailability of an article for a period of more than 5 working days, you will be immediately informed of the foreseeable delays of delivery and the order of this article can be canceled on simple request. The Customer may then request a credit for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card, bank check, bank transfer or Paypal. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Online payment is secured via an encryption of bank data is performed by our payment provider (Crédit Mutuel-CIC). The information transmitted is encrypted in the state of the art and can not be read during transport on the network. Once the payment has been initiated by the Client, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except , where applicable, return costs. "The period mentioned in the preceding paragraph runs from the receipt for the goods". The right of withdrawal can be exercised by contacting the company ESCOT as follows: By e-mail to the address: email@example.com or by registered letter with acknowledgment of receipt. We inform the Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal can not be exercised for personalized goods. In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased product (s) will be refunded, the cost of return will be borne by the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions ...) so that they can be remarketed in new condition for reasons of hygiene. In accordance with the legal provisions, you will find below the standard form of withdrawal to send us to the following address: https://www.service-public.fr/particuliers/vosdroits/R38397. Refund procedure: After receipt of the Customer's cancellation request, the Customer has fourteen days to return his order. Beyond this period, the return can not be accepted by the Seller. Any return that has not been the subject of a wish to retract will not give rise to a refund from the Seller.
Article 10: Guarantees
According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. The Seller recalls that the consumer: - has a period of 2 years from the delivery of the goods to act with the Seller - he can choose between the replacement and repair of the property subject to the conditions provided by the art. apparently defective or not corresponding - that there is no need to prove the existence of the lack of conformity of the good during the six months following the delivery of the good. - that the consumer can also assert the guarantee against latent defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).
Article 11: Complaints
If necessary, the Buyer may submit any complaint by contacting the company using the following coordinates: firstname.lastname@example.org.
Article 12: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you need to do is click on the link at the end of our emails or contact the controller) by RAR letter. We carry out on all our sites a follow-up of the frequentation.
Article 16: Applicable Law
All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are aimed at, will be subjected to the French right. In case of dispute, only the courts of Tarascon can intervene.
"Our general conditions of sale have been developed from a free and free model that can be downloaded from https://www.donneespersonnelles.fr/"