General Terms and Conditions of Sale and Use
DEFINITION OF PARTIES
Between PROMOJOUR SAS,
330 allée des Hêtres, 69760, LIMONEST
with a share capital of €1,000,
registered in the LIMONEST Trade and Companies Register,
under the SIRET number [insert SIRET number],
represented by CLABA EURL
in his capacity as President,
duly authorized for the purposes hereof.
The company can be contacted by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter referred to as the “Seller” or the “Company”.On one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand,
PREAMBLE
The Seller is the publisher of services for broadcasting promotions online marketed through its website (https://www.promojour.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of online sales of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTC) apply to all sales of Products or Services made through the Company’s website and 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 GTC applicable then are those being in force at the date of payment (or of the first payment in case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: https://www.promojour.com/en/general-terms-and-conditions-of-sale-and-use/.
The Company also ensures that their acceptance is clear and without reservation at the time of purchase. The Client declares to have acknowledged all of these General Terms and Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation. The Client acknowledges that he/she has benefited from the necessary advice and information to ensure that the offer meets his/her needs. The Client declares to be able to legally contract under French laws or validly represent the individual or legal entity for whom he/she is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICE
The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated tax-free 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 do not fall under the purview of the Seller. They will be the Buyer’s responsibility and fall under their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are to be borne by the Client. Also, if applicable, delivery costs.
ARTICLE 4 – CONCLUSION OF THE CONTRACT ONLINE
The Client will need to follow a series of specific steps for each Product or Service offered by the Seller to be able to carry out his/her order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if applicable of its options, and indication of the essential data of the Client (identification, address…); – Acceptance of these General Terms and Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Following instructions for payment, and payment of the products. – Delivery of the products. The Client will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He/she will receive a .pdf copy of these general terms and conditions of sale. For delivered products, this delivery will be made to the address indicated by the Client. For the proper completion of the order, the Client undertakes to provide his/her true identification elements. The Seller reserves the possibility to refuse the order, for example for any abnormal request, made in bad faith, or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company’s websites. The customer attests to having received a detail of delivery costs as well as the terms of payment, delivery, and execution of the contract. The Seller commits to honor the Client’s order within the limit of stocks available only. If not, the Seller informs the Client. These contractual informations are presented in detail and in French. In accordance with French law, they are summarized and confirmed upon validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity duration of the Product offers as well as their prices is specified on the product sales pages, as well as the minimum duration of the proposed contracts when these bear on a continuous or periodic supply of products or services. Except special conditions, the rights granted hereunder are only to the person signing the order (or the person holding the email address communicated). In accordance with legal provisions on conformity and hidden defects, the Seller refunds or exchanges apparently defective products or those not matching the order placed. The refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 – RETENTION OF TITLE CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – DELIVERY TERMS
The products are delivered to the delivery address that was indicated during the order and the time indicated. This time does not take into account the time needed to prepare the order. When the Client orders several products at the same time they may have different delivery times dispatched according to different modalities. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure the follow-up of the order. The Seller reminds that at the moment the Client takes physical possession of the products, the risks of loss or damage of the products is transferred to him/her.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Client can perform the payment by credit card or bank check. Secure online payment by credit card is carried out by our payment provider. The transmitted information is encrypted in the state of the art and cannot be read during transport on the network. Once the payment is made by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his/her bank information during the sale, the Client authorizes the Seller to debit his/her card for the amount related to the indicated price. The Client confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
ARTICLE 10 – 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 nor to pay penalties, with the exception, if applicable, of return costs.” “The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for services.” The right of withdrawal can be exercised by contacting the Company via email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased products and the shipping costs will be reimbursed, the return costs remain the responsibility of the Client. Returns of products are to be made in their original state and complete (packaging, accessories, instructions…) so that they can be remarketed in new condition; they should if possible be accompanied by a copy of the purchase proof.
ARTICLE 11 – GUARANTEES
In accordance with the law, the Seller assumes two guarantees: conformity and relating to hidden defects of the products. The Seller refunds the buyer or exchanges the apparently defective products or those not corresponding to the order made. The refund request must be made by contacting the Seller by email or simple letter. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the good to act with the Seller – that he can choose between the replacement and the repair of the good under the conditions provided for by the aforementioned provisions. apparently defective or not corresponding – that he is exempted from providing proof of the existence of the product’s lack of conformity during the six months following the delivery of the good. – that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also claim the guarantee against hidden defects of the sold good under the article 1641 of the Civil Code and, in this case, he can choose between the sale cancellation or a reduction of the sales price (provisions of articles 1644 of the Civil Code).
ARTICLE 12 – CLAIMS
If applicable, the Buyer can present any claim by contacting the company via email or simple letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
Brands, domain names, products, software, images, videos, texts, or generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The performance of the seller’s obligations under these terms is 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 15 – INVALIDITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract was canceled, such nullity would not entail the nullity of the other provisions which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 16 – GDPR AND PERSONAL DATA PROTECTION
In accordance with the European regulation on personal data protection, you have the rights to question, access, modify, oppose and correct personal data concerning you. By adhering to these general conditions of sale, you consent to us collecting and using this data for the fulfillment of this contract.
ARTICLE 17 – APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to herein, shall be subject to French law.