GENERAL CONDITIONS OF SALE
The online store borneplus.fr.com has been set up by the company Borne+©, which is the operator of this site. These general conditions of sale apply to all orders placed on the online store of this site.
Accordingly, the buyer acknowledges being fully informed of the fact that its agreement on the content of these general conditions does not require the handwritten signature of this document acting to order online products presented by the store of the website.
The buyer has the option, under his sole responsibility, to save or edit these terms and conditions, which may be subject to change. In this case, the applicable conditions will be those in force on the site at the date of the validation of the order.
1 – Entirety
The present general conditions express the entirety of the rights and obligations of the parties. The buyer is deemed to accept without reservation the entirety of the provisions set out in these general conditions of sale, Borne + © undertakes for its part to respect its role as a reseller under these conditions
If one or more provisions of these terms and conditions are held invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and scope.
The fact that one of the parties does not avail itself of a breach by the other party of one of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
2 – Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order:
– the present general conditions ;
– the order form.
In case of contradiction between the provisions contained in these documents, the provisions of the general terms and conditions of sale shall prevail.
3 – Method of placing orders
The availability of products is indicated in real time on the site, in the description of each article. The products are sold within the limits of available stocks. To place an order, Internet users must select one or more items and add them to their basket. When they estimate that their order is complete, they can access their basket by clicking on the button provided for this purpose.
By consulting their basket, the Internet users will be able to check the number as well as the nature of the items they have chosen and will be able to check their unit price as well as the global price of the order. They will be able to remove one or more items from their basket.
On this summary will be indicated to the customers the faculty of which they have or not to exercise their right of retractation as well as the deadlines which apply to it.
If they are satisfied with their order and wish to validate it, they will have to click on the validate button, they will then access a form in which they will have to either enter their connection identifiers if they already have them, or register on the site by completing the form presented to them, with their personal information.
After logging in or after completing the form, customers will be invited to check or modify their delivery and billing information, to read and validate the present terms and conditions and then to make their payment by being redirected, if necessary, to this effect on the secure payment interface.
Once the payment is effectively received by the site editor, the latter undertakes to acknowledge receipt to the customer electronically, within a reasonable time.
Similarly and within the same period of time, the publisher undertakes to send the customer an electronic mail summarizing the order and confirming its processing, including all information relating to the order, the products ordered, their delivery, as well as the terms of exercising their right of withdrawal.
4 – Prices
The prices indicated on the site are in Euros, all taxes included or excluded depending on the user’s parameters, excluding delivery costs. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and are not effective for the future. The price applicable to the customer is the one in force at the time of the order.
The delivery costs will be indicated to the customer before any payment and concern only the deliveries carried out in Metropolitan France, Corsica included. For any other place of delivery, it will be up to the customer to contact the customer service.
5 – Clause of property reserve
The products sold remain the property of the publisher until full payment of their price, in accordance with this clause of property reserve. The risks are transferred to the customer as from the delivery.
6 – Information relating to the payment
The Internet user can place an order on the present site and make his payment by credit card, check, bank transfer or Paypal.
Payments by credit card and Paypal are made online through secure transactions. The payment is made at the time of the order
In case of payment by check or bank transfer, the delivery time defined in the article below only begins to run from the date of effective receipt of payment by the publisher, the latter being able to provide proof by any means. In this respect, if the payment is not received from the customer within eight days of the order, the order will be cancelled and the products put back on sale on the site.
7 – Delivery
Orders are delivered by La Poste, Chronopost or TNT within a maximum of 15 working days from the date of full payment of the order.
In case of delivery of a package obviously and visibly deteriorated, incomplete or with damaged objects, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The customer must also inform the publisher without delay so that a new package can be prepared and sent upon receipt of the damaged package. In this case, the delivery times indicated above will no longer apply.
Any claim for a missing item in a package must be absolutely reported within 7 days from the day of receipt of the package.
Any return of a parcel following an erroneous address will be charged to the customer with a check of 6 euros. It will not be possible in any case, to make the object of a cancellation of order if this one is not requested within the legal time limits of retraction.
Provisions relating to the rights of the customer
The customer service of this site is accessible
– by e-mail at the following address firstname.lastname@example.org
– or by mail at the following address: Borne+©, 10 place Pinel 75013 PARIS.
Right of withdrawal
In accordance with the legislation in force, customers have a period of 7 days from the date of receipt of the package to request a refund. To exercise this right, they must return (at their expense) the package to the following address: Borne+©, 10 place pinel – 75013 PARIS, with a letter requesting reimbursement, it being specified that this guarantee does not apply to companies.
All returns must be complete in their original packaging with instructions and accessories and the returned products must be in perfect condition for resale.
Any delay in delivery of more than seven days may result in the cancellation of the sale at the initiative of the customer, upon written request by registered letter with acknowledgment of receipt. The customer will then be reimbursed for the sums incurred by him at the time of the order. The present clause is not intended to apply if the delay in delivery is due to the customer’s fault or to a case of force majeure, independent of the publisher’s will.
In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to take advantage of the cancellation of the sale provided for in this article.
With the exception of the legal period of retraction, any return of a product requires to contact our customer service beforehand which will give you a number to put on your package. Packages without a return number will be refused by our service, which will result in a return to sender.
Newsletter of the publisher
By expressly agreeing to this, Internet users accept that the publisher may send them a newsletter that may include information about its activity.
When the user agrees to this, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Internet users will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
10 – Newsletters from partners
The Internet user having accepted the communication of personal data, in particular his e-mail address, to third party partners of the present site may be led to receive newsletters issued by these partners, whether commercial or not, at the frequencies and in the forms determined by the said partners.
The Internet user has the option of unsubscribing at any time by clicking on the link provided for this purpose, present on each newsletter issued by the said partners. Otherwise, the Internet user has the possibility to unsubscribe by contacting directly the issuer(s) of the said newsletters. The editor of the present website cannot be held responsible for the content, the data or the forms of the newsletters sent by the said partners, whatever the prejudice that would have been suffered by the Internet user. Any complaint must be made directly to the issuer of the newsletter.
(newsletter: information letter).
11 – Data processing and Freedoms
In accordance with the Data-processing law and Freedoms on January 6, 1978, the purchaser has a right of access, of correction, modification and suppression concerning the data which concern it. He can exercise this right by sending an e-mail to the following address [to be added], or by mail to the address of the editor’s head office mentioned at the top of these general conditions.
The automated processing of personal information on the site has been declared to the Commission Nationale de l’Informatique et des Libertés.
Moreover, the editor reserves the right to collect the public IP (Internet Protocol) address of all Internet users. The collection of this IP address will be carried out in an anonymous way, it will be intended only to allow a good administration of the services proposed on this site.
The Internet users cannot ignore that on legal prescription, the editor is in the obligation to communicate to the authorities, police or justice, all the personal data relative to an Internet user which would be revealed by the IP address of any computer being able to be the subject of a bringing together with the effective identity of the subscriber held by the supplier of access to Internet.
12 – Exemption of the editor’s responsibility
In the event of impossibility of access to the site, because of technical problems or of any nature, the customer will not be able to prevail himself of a damage and will not be able to claim any compensation.
The editor cannot be held responsible for the non-performance or the bad execution of the contract which can be directly or indirectly attributable to the fact of the customer or to a case of absolute necessity, in the sense that the jurisdictions of French law give it.
The visual representations of the products, published on the present site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of technology, the rendering of these representations, particularly in terms of color or shape, may vary slightly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences can in no way be attributed to the publisher who cannot be held responsible for them.
The hypertext links present on the present site can refer to other Internet sites and the responsibility of the editor of the present site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the editor of the present site could not be engaged if the visit, by the Internet user, of one of these sites, would cause him a prejudice.
13 – Intellectual property
The site and all intellectual property rights related to its design, its textual content, graphics, music, sound, the selection of these elements and their organization belong to Borne + ©.
All elements of this site are protected by legislation relating to intellectual property.
Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even modified, will be likely to give rise to legal proceedings against them by the publisher or his beneficiaries.
14 – Applicable law
The present general conditions are subject to French law and are under the jurisdiction of the French courts. This applies to both substantive and formal rules.
In case of dispute or claim, the buyer will apply in priority to the company Borne + © for an amicable solution.