1. Scope of the general terms and conditions
These general terms and conditions (hereinafter “GTC “) are applicable to sales of products via the http://www.4stablestick.fr website (hereinafter “the website“) by the SARL 4 Stable Stick company (hereinafter “the vendor“) to individuals and corporations acting outside a business context (hereinafter “the client“). These GTC are accessible on this website at all times and shall take precedence over any other conflicting version or document. Any modifications to these GTC are enforceable on the client as soon as they are published online but are not applicable to sales confirmed prior to that time. Confirmation of the order by the client constitutes unconditional acceptance of the GTC.
2. Products and methods of ordering
2.1. The products presented on the website are protected by a patent. The main characteristics of these products, as well as instructions for their use, are published on the website. They are described as accurately as possible. However, the vendor shall not be held liable for any errors or omissions that may occur. Furthermore, any photographs of the products have no contractual validity.
2.2. Before placing an order, the client shall register on the website to obtain and confirm his/her login (email address and password).
2.3. As stipulated in article 1369-4 of the Civil Code, the client shall have the opportunity to check the details and total price of the order during the ordering process. It will thus be possible to correct any errors before confirming the order.
2.4. A confirmed order constitutes acceptance of the prices, delivery charges, and description of the products concerned. It will trigger an acknowledgement of receipt by the vendor and an invoice will be sent once the products have been delivered to the address indicated by the client in the order.
2.5. The vendor reserves the right to cancel an order if the product is unavailable. In this case, all payments made by the client will be reimbursed by the vendor within thirty (30) days at the latest, as stipulated in article L. 121-20-3 of the Consumer Code.
Computerised records, stored in the vendor’s computer system under reasonable security conditions, will be considered to include communication between the parties, orders, and payments. Orders and invoices shall be filed by the vendor on a reliable, durable medium. As stipulated in article 1369-5 of the Civil Code, the client may obtain access to his/her accepted orders and invoices by sending an email to the following address: firstname.lastname@example.org and the vendor agrees to provide the documents requested without delay.
4. Product prices – Terms of payment – Late payment or failure to pay
4.1. The sales prices of the products are indicated in euros. They are quoted ex-warehouse, excluding taxes, but including packaging costs. They do not include shipping costs, irrespective of the country of delivery: these costs are listed on the website and confirmed to the client before the order is finalised, except in the case of deliveries outside the European Union duly accepted by the vendor, which are subject to an additional estimate.
4.2. These prices are firm and non-revisable during the validity period indicated on the website. The vendor will not apply price reductions other than those specified on the website.
4.3. Payment for the products shall be made in full, by bank card, cheque, or bank transfer. Bank card payments are debited when the order is shipped. Payment by the client will only be considered final when the sums due have actually been received by the vendor.
4.4. In case of late payment, any sums due by the client for other orders will immediately become payable.
4.5. In case of failure to pay the full amount of an outstanding invoice within five (5) working days after final notice is sent to the client by registered letter with acknowledgement of receipt (hereinafter “RLAR“), the vendor reserves the right to suspend or cancel the sale concerned, as well as any other ongoing sales. The vendor will also be entitled to apply late payment penalties, calculated at a rate of ten (10) percent (%) of the purchase price of the products, excluding tax. Furthermore, all collection fees and expenses will be charged to the client.
5. Product delivery – Risk transfer
5.1. The products ordered will be delivered to the address indicated by the client on the order form: the client is responsible for ensuring that it is correct. The vendor’s prior agreement is required for all deliveries outside the European Union. Any items returned to the vendor due to an incorrect or incomplete delivery address will be shipped again at the client’s expense.
5.2. Products are delivered in France and the European Union within an average of fifteen (15) working days after confirmation of the order by the client, by the carrier chosen by the vendor, unless agreed otherwise by the parties. If this time limit is exceeded, the client will be entitled to the reimbursement of all sums already paid within thirty (30) days from the date of payment.
5.3. The risk attached to the products is transferred when they are placed at the transport company’s disposal on the vendor’s premises; in case of international sales, it is subject to Incoterm CCI 2010 EX WORKS.
5.4. Products are always shipped at the client’s risk and it is his/her responsibility to express any reservations and make any complaint to the carrier by L.R.A.R. within three (3) days after delivery (article L. 133-3 of the Commercial code).
6. Right of withdrawal
As stipulated in article L. 121-20 of the Consumer Code, the client is entitled to return any product within seven (7) clear days from the date the order is delivered, without being required to give grounds, and obtain its reimbursement or replacement. Products must be returned in their original packaging and in perfect condition. The client will be entirely liable for shipping expenses for product returns.
The vendor will reimburse a client who has exercised his/her right of withdrawal without delay and within thirty (30) days at the latest from the date the right of withdrawal was exercised, as stipulated in article L. 121-20-1 of the Consumer Code.
7. Product warranty
In case of lack of conformity of the products delivered with those ordered, as stipulated in article L. 211-4 of the Consumer Code, duly notified to the vendor in writing, the products delivered may be replaced. The client shall not be liable for any expenses connected with the replacement of the product in application of the GTC. This warranty shall not preclude the legal warranty provided in articles 1641 – 1649 of the Civil Code or any other contractual or non-contractual action recognised by law.
8. Vendor’s liability
Furthermore, the vendor cannot be held liable if the non-performance or delay in performance of an obligation is due to force majeure or a similar event, including, in particular, any strike, lock-out, riot, war, delay or default in transportation, power cut, interruption in supplies beyond the vendor’s control, industrial accident, flood, fire, etc.
9. Applicable law – Jurisdiction
9.1. French law is applicable to these GTC and any sales from the vendor to the client, expressly excluding the application of the Vienna Convention on the International Sale of Goods of 11 April 1980.
9.2. In case of any dispute between the parties, they agree to make every effort to come to an amicable settlement within one (1) month. If the parties have not reached a settlement within that time, any dispute will be submitted to the courts with jurisdiction over the client’s place of residence.