GENERAL CONDITIONS OF SALE

Site https://www.plombservice.fr/en/

On 04/06/2021

Article 1 - Object - Scope

1.1 These general conditions of sale (hereinafter referred to as "CGV") are intended to govern all sales reached by the company lead (hereinafter referred to as "the seller") with a consumer or professional user (hereinafter referred to as The term "buyer") through the website https://www.plombservice.fr/en/ (hereinafter referred to as "the site").

The professional buyer can not avail themselves of the provisions of the Consumer Code that are applicable to consumer buyers alone.

The CGVs are made available on the site and directly addressed to the buyer in the confirmation email of his order. The Buyer declares that I have read and accept the GTCs before the awarding of his order by checking a box provided for this purpose

1.2 The CGVs take on any other clause or stipulation mentioned in orders, correspondence, prospectuses, catalogs, photographs or any other documents exchanged

The fact that the seller does not apply at some point in any article of the GTC can not be interpreted as a renouncement to be rented later.

1.3 The offer of sale offered by the seller on the site:

- is exclusively intended for customers with the ability to contract,

- and is only available for sales that the delivery intervenes exclusively in the territory of metropolitan France

1.4 The seller reserves the right to modify these CGV at any time. In the event of a change, the applicable GSCs will be those in force on the date of the order, a copy of which has been sent to the buyer in the confirmation email of his order.

1.5 If one of the clauses of the CGVs was null or canceled, the other clauses would not be canceled.

Article 2 - Products

2.1 The characteristics of the products appear on the site. The references and information presented on the site were seized according to the information provided by the vendor suppliers. Photographs illustrating the products on the site do not constitute a contractual document. Only the information contained in the summary of the order are authentic.

2.2 The seller's offers agree within the limits of available stocks and, where appropriate, within the limits of the deadlines indicated.

The update of the base of the seller's products is regular. Nevertheless, the posted products available may sometimes be no longer at the time of ordering of the buyer's order. As a result, the sale is concluded after confirmation by the seller of the order placed by the buyer with regard to the availability of ordered products.

If the confirmation of the order has not been obtained because of the total or partial unavailability of a product controlled, the seller will inform the buyer as soon as he has aware of this unavailability.

In this case, the buyer will have the possibility:

- to cancel the entire order, at no cost,

- or confirming its order for the ordered items available

In any event, the seller will reimburse the consumer buyer of the total amount of the ordered items unavailable within thirty (30) days of maximum days following the payment, in accordance with Article L. 121-20-3 (2) of the Consumer Code.

The unavailability of a product will not give rise to any compensation.

2.3 The period during which or the date to which the spare parts essential for the use of the products sold by the seller are available on the market shall be communicated to the buyer on the site and will be confirmed in the confirmation email of his order.

Article 3 - Order

3.1 User Account Identification

For any order from the seller, the buyer must identify himself by means of his user account.

For any first order, the Buyer will first create a user account, identify yourself as a professional or consumer and to inform the registration form provided for this purpose on the site. The opening of a user account includes the input of five identifiers: names and first names, an email address, a password, and when the buyer is a professional, his SIREN number.

The identifiers of the buyer are personal and will have to be kept confidential. The buyer is prohibited from disclosing them to a third party or to give them. The buyer is responsible for the use of his identifiers and, if so, it is up to him to inform immediately the seller immediately from any use of his identifiers made without his knowledge so that the seller deactivates said identifiers.

It is up to the buyer to provide accurate and complete information and to ensure their update in case of subsequent changes.

3.2 Ordering

- The buyer selects the products by a first click on the "Add to Cart" tab and informs the quantities he wants to control. It can at any time check the selected products by clicking on the "See your basket" tab ;

- At the end of the order, the buyer clicks on the "Commander" tab. A summary of the order is then submitted to him. It thus has the option of controlling and modifying its order in whole or in part or to click on the "Continue Your Purchasing" function to add new products. In this case, a new order summary is submitted to the buyer ;

- The buyer shall read the CGVs on the site and manifests its membership in these conditions by checking the box provided for this purpose. As a result of this action, the buyer declares and recognizes having a perfect knowledge of the GTCs and accept these conditions ;

- The buyer chooses the delivery method of the products ordered from the options proposed by the site (delivery at home or delivery in point) and informs his delivery and billing addresses. The delivery of an order refers to a single place of delivery ;

- The valid buyer - firmly and definitively - the content and amount of the order. Validation - which is expressly accepting the buyer - is materialized by the following action: Click on the "Confirm my order" button ;

- The buyer proceeds to the payment of his order in accordance with the options proposed by the site.

Once the prerequisite checks are required by the seller, he will send an email to the buyer to the email address provided by him informing him if necessary, the confirmation of his order

The order confirmation of the order reminds the buyer, the description of the ordered products, the total amount of the order - detailing the selling prices of each article and the costs relating to the delivery - the delivery times and the GTC applicable to the Order.

Only the final validation of the order and the full payment of the selling price contractually incur the seller vis-à-vis the buyer. The shipment of the products will only be made of the final validation of the order and the receipt of the payment of the order considered.

Article 4 - Price

4.1 Prices posted on the site are shown in euros (€), all taxes included (T.T.C.) and excluding shipping costs. It is specified that the taxes applicable to the order - and in particular VAT - are those in force on the day of the passage of the order.

The shipping charges applicable to each unit order are as follows:

- If the buyer opts for home delivery: the shipping costs differ according to the total weight of the items ordered as follows:

* For a total weight of the items ordered less than 5 kg: 14 € TTC

* For a total weight of the items ordered greater than 5 kg up to 10 kg: 18 € TTC

* For a total weight of the items ordered greater than 10 kg up to 15 kg: 22 € TTC

* For a total weight of the items ordered greater than 15 kg: 26 € TTC

- If the buyer opts for a relays point delivery: the shipping costs differ depending on the total weight of the items ordered as follows:

* For a total weight of the items ordered less than 5 kg: 8 € TTC

* For a total weight of the items ordered greater than 5 kg up to 10 kg: 15 € TTC

* For a total weight of the items ordered greater than 10 kg up to 15 kg: 22 € TTC

4.2 Tariff conditions applicable to professional customers

Professional accounts receive a commercial discount of 10% throughout the catalog, except for exceptions mentioned below.

Some products are identified as "Net Pro price".
These products are already subject to optimized pricing and are not eligible for additional discounts.

The word "NET PRO Award" is indicated directly on the product sheet concerned.

Article 5 - Payment

5.1 Prices are payable in euros (€), in whole, by French bank card (Mastercard, Visa, CB), by transfer, by Account Paypal or by check denominated in euros from a bank domiciled in France at the order of the seller.

The payment is made by payment cash when validating the order.

A refusal of authorization by the banking center carries the annulment of full and without compensation for the purchaser order.

If the Buyer has opted for a check mode when granting the order, the order is then reserved by the seller for 7 days from the validation of the seller on the site. Beyond this period, without receiving the check by the seller corresponding to the total amount of the command, said order of the buyer will be automatically canceled.

5.3 Non-compliance by the buyer with the obligations subscribed under the GSC, and in particular concerning any payment incident of the price of an order, may result in the suspension of access to the site, or even the termination of his user account, without prejudice to all damages that the seller could seek. As a result, the seller reserves the right to refuse any order from a buyer with which there is such a dispute.

5.4 If an incident occurs when registering the buyer's order, it will be zero and non-avenue and the buyer will have to reiterate the ordering procedure.

5.5 The invoice relating to the order passed by the buyer will be given to the buyer during the delivery.

Article 6 - Delivery

6.1 The delivery of the products ordered by the buyer operates only after the integral payment of the order. Thus, in case of payment by check, the delivery of the order will only be able to intervene after the effective collection of the check.

The ordered products are delivered to the place of delivery indicated during the order according to the delivery method chosen by the buyer from the options offered by the seller at the time of his order and as confirmed by the seller on the order confirmation.

6.2 Deliveries can only be made on the territory of metropolitan France.

It is specified that the buyer has the possibility to indicate a different delivery address from the billing address. A delivery note will then be attached to the parcel delivered.

6.3 Deliveries will be made on the working days, except for public holidays.

Delivery is made through the carrier chosen by the seller.

6.4 In respect of the consumer buyer, the seller undertakes to deliver within a maximum of thirty (30) days from the day following the validation of the order - unless unavailability of the ordered products, in accordance with Article L. 216-1 of the Consumer Code.

In the event of the breach of the seller with his obligation to deliver the products ordered within the above-mentioned period, the consumer buyer may resolve the contract, by registered letter with request for notice of receipt or by a written on another sustainable support, if - after having ordered the seller according to the same modalities To make the delivery within a reasonable time within the meaning of Article L.138-2 of the Consumer Code - the seller did not execute within that period.

The sale will be considered solved at the receipt by the seller of the letter or writing informing him of this resolution, unless the seller has been executed in the meantime.

In such circumstances, the seller will reimburse the consumer buyer from all the amounts paid as soon as possible and at the latest within the fourteen (14) days after the date on which the contract was denounced, in accordance with the provisions of Article L.138-3 of the Code of Consumption.

However, any delivery delay attributable to the buyer, or the unpredictable and insurmountable fact, either in a case of force majeure, will not entail the liability of the seller.

6.5 In case of home delivery, the Buyer undertakes to provide the seller with a valid delivery address. It belongs to the buyer to check prior to the order - especially with regard to the specifications of the products in terms of size, volume and weight - whether they can be routed by normal access roads and in particular that there are no barriers to delivery (such as Stairs, elevators, landings). The seller can not be held responsible for the impossibility in which it might be to deliver the order in case of error in any of the information provided by the Buyer

If the parcel returned to the seller for incomplete address or misconcerns, the seller, however, undertakes to contact the buyer to inform him of the situation and request additional information on the address or the new shipping address. The costs of this new expedition - previously communicated to the buyer by the seller - will be the responsibility of the buyer.

If the seller had to suffer damage from whatever nature that it is related to a default of information transmitted by the buyer, the seller reserves the right to request reparation to the buyer.

Article 7 - RECEPTION

7.1 At the receipt of the order - delivered in relay or home - the buyer must check the condition of the package or parcels, namely the nature, the state, the quantity, and more generally the compliance of the products delivered under the order.

As such, the buyer must proceed with all the necessary examinations to detect any damage, missing or non-compliance and in particular check the condition of the packaging, the number of parcels and the products in their quantities, their references, their states and their characteristics.

The signature of the delivery note and / or where applicable the transport slip is worth delivery of the products ordered.

7.2 In the case of damage or damage The buyer shall issue all the useful reserves on the delivery note and / or if necessary the transport slip in a precise and reasoned manner and inform the carrier within three (3) days, by registered letter with acknowledgment of receipt.

If the buyer could not check the condition of the package at the time of delivery and that he has the consumer's quality, this period is brought to ten (10) days in accordance with Article L. 224-65 of the Consumer Code. In parallel, the buyer must immediately inform the seller by mail or by email of any damage or damage noted on the products.

In the event of a lack of conformity, the buyer must refer to the procedure described in Article 10 of these

Article 8 - force majeure

The seller can not be held responsible for the non-performance all or part of his obligations, due to the occurrence of a force majeure event.

Thus, in the event of the occurrence of a fortuitous case or a case of force majeure which would interfere or delay the execution of the obligations of the seller in whole or part, the execution of said obligations will be suspended. Beyond a period of one (1) months of interruption due to force majeure, the seller may cancel the order and repay the buyer.

These are considered such, in particular, without this list be limited to war, riots, insurrection, social disorders, strikes of any kind as well as pandemics and epidemics.

Article 9 - Right of withdrawal

9.1 Right of withdrawal

In accordance with the provisions of Article L. 221-18 et seq. Of the Consumer Code, the Consumer Buyer has a fourteen retraction period (14) calendar days to cancel his order - without having to motivate his decision or pay penalties.

The withdrawal period expires fourteen (14) days after the day the buyer or third party other than the carrier and designated by the buyer, physically takes possession of the products. If the 14-day period expires on a Saturday, a Sunday, a holiday or unemployed, it is extended until the next working day.

In the case of an order relating to several products delivered separately or in the case of a product control consisting of lots or multiple parts whose delivery is staggered over a defined period, the withdrawal period expires fourteen (14) days after the day. Buyer or a third party other than the carrier and designated by the buyer, physically takes possession of the last product or batch or the last piece.

In order to exercise this right of withdrawal, the buyer shall notify the seller his decision to retract before the expiry of the period indicated above by the sending of a declaration devoid of ambiguity, recalling the order number and his complete contact information, according to the following terms and conditions of choice:

- By mail: by returning to the seller the withdrawal form received during the delivery of his order, to the address indicated

- By email at the following address: service-clients@plombservice.fr

- Via the online contact form.

The burden of proof of the exercise of this right of withdrawal weighs on the buyer.

After verification by the seller, the buyer will receive an e-mail confirming the registration of the exercise of his right of withdrawal.

9.2 Effects of withdrawal

The buyer shall return the articles to the seller to the address of his head office, the order number and his complete contact information, without excessive delay and, at the latest, within fourteen calendar days following the communication of his decision to retract:

It will belong to the buyer to spare the proof of this return.

The direct costs of returning returns and return risks remain the responsibility of the buyer.

The products must be returned to their original packaging, in their initial state, in perfect condition, accompanied by all the accessories and notices and accompanied by their invoice.

In accordance with the provisions of Article L. 221-28 of the Consumer Code, it is recalled that the right of withdrawal can not be exercised in case of supply of products made according to the specifications of the buyer or much personalized.

In addition, the right of withdrawal can not be exercised if the returned product is unfit for marketing. As such, the buyer will have to make all the provisions for the ordered products are not likely to deteriorate.

The seller will proceed with the purchase of the purchaser of all the amounts paid by the corresponding buyer to the selling price of the returned product (s), at the delivery charge corresponding to the routing by the seller of the product (s) Commanded (s) and lump-sum participation in order processing fees.

However, the seller will not reimburse the buyer the price of incomplete, damaged, damaged, damaged or soiled products by the buyer and / or the price of products that have been descented after delivery and who can not be returned for reasons of hygiene or health protection. These products will be re-shipped to the buyer at his expense, risks and perils.

The repayment will take place at the latest within fourteen (14) days of the date on which the seller has received the products

The seller makes this refund using the same payment method as that used by the buyer for the initial transaction, unless expressly agreed by the buyer so that the seller uses another means of payment.

The product (s) returned (s) in the port due or on a refund shall be / will be refused by the seller.

Article 10 - Guarantees

10.1 The seller is held in respect of the consumer buyer, product / product compliance defects under the terms of Articles L. 217-1 et seq. Of the Consumer Code

Moreover and whatever the quality of the buyer, the seller is kept from the guarantee for the hidden defects of the sold thing that makes it unfit for the use to which it is destined, or which diminish so much that the purchaser would not have acquired, or would have given a lower price if they knew them (Article 1641 of the Civil Code),

If the delivered products are non-compliant with the products ordered by the buyer or if they present vices-hidden, the latter must notify it to the customer service of the seller (Article 11 of these).

The customer service acknowledges receipt of the purchaser's request and confirms the procedure to follow. Upon receipt of the instructions, the buyer returns the non-compliant or assigned products of a hidden vice to the seller at the following address indicated.

The products must be completely returned complete, unused, in their original packaging intact and as far as possible, accompanied by their original packaging as well as the return and a photocopy of the invoice.

Upon receipt of the alleged or assigned products or assigned hidden vice, the seller performs a control of said products. It can also proceed on the products returned by the buyer to a quality test to verify that these are the original products. It is understood that these controls are made as soon as possible and within a maximum of one (1) month.

10.2 The buyer who seeks the application of the legal warranty of compliance:

- must inform the seller within two years from the delivery of the product ;

- may choose between the repair or replacement of the product, subject to the cost of cost provided for by Article L. 217-9 of the Consumer Code ;

- Is exempt from reporting the evidence of the existence of the defect of conformity of the product

10.3 The Buyer may decide to implement the guarantee against hidden vices of the thing sold. This warranty applies provided that the defect is hidden, makes the product unfit for the use to which it is intended and exists on the acquisition date. The buyer was two years since from the discovery of the Vice, to act and request the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.

10.4 Some products sold receive a contractual guarantee granted by the manufacturer. The regime of these guarantees is specified on the product sheets of the articles offered on the site.

This contractual guarantee will be the subject, if necessary, of a written contract, of which a copy may be transmitted to the buyer by the seller as a simple intermediary.

The buyer will nevertheless have to get closer to the manufacturer in the event that he would like to benefit from the contractual guarantee game.

Article 11 - Customer Service

For any information, request for information or claim, the buyer may contact the seller according to the following modalities:

- By registered mail with acknowledgment of receipt at the following address: 59 Aisles Jean Jaurès, 31015 Toulouse

- By email at service-clients@plombservice.fr

- By phone 09.70.71.18.76.

- Via the online contact form

Article 12 - Evidence

Express between the seller and the buyer, the e-mails will be made between the parties, the same as the data recorded by the automatic recording systems used on the site, in particular as to the object and on the date of the order.

Article 13 - Responsibility

The liability of the seller can not be initiated in the event that the non-performance of his obligations would be attributable to a third party even if he is foreseeable, at the fault of the buyer, or the occurrence of a force majeure as defined in Article 8 herein

The seller declines all responsibility for the direct and indirect damage they are predictable or not, caused during the use of the site and / or products with respect to the professional buyer.

In the event that the liability of the seller had to be accepted for a prejudice suffered by the professional buyer, it will remain limited to the amount of the order paid by the buyer

Any claim filed by the professional buyer, against the seller must be formulated within six (6) months of the appearance of the event, object of the claim.

ARTICLE 14 - PERSONAL DATA

13.1 The seller undertakes to respect the confidentiality of the personal data communicated by the buyer on the site and to deal with them in accordance with the Data Protection Act No. 78-17 of 6 January 1978 and of the 2016/79 Regulation of April 27, 2016 relative the protection of natural persons with respect to the processing of personal data and the free movement of these data.

13.2 The personal information and personal data transmitted to the seller by the buyer shall be the subject of a computer processor and may be used by the seller, his internal services, his subcontractors, his trading partners or his rights to:

- the processing, execution and management of orders

- processing requests for information, claims and / or withdrawal,

- inform the buyer of sales and upcoming events,

- improve and personalize the services that the seller proposes to the buyer and the information that the seller gives him, in particular by prospecting actions, sending newsletter or special offers,

- the processing of information requests made via the contact form.

This information and data are also kept for security purposes, in order to comply with the seller's legal and regulatory obligations.

Except for the purpose of the purchaser for legitimate motif, after their collection, the information and personal data collected may be subject to computer processing for internal statistical use and commercial use by the seller, except in cases of prospecting.

Depending on the choices issued when creating or consulting his account on the Internet, the buyer will be able to choose whether he wishes to receive offers from the seller, or to be informed of special transactions per email ("opt-in").

In the event that a buyer, who would have accepted it, would no longer wish to receive these offers, the buyer may at any time make the request by clicking on an electronic link available for this purpose on the emails, or by modifying his account directly on the site.

The seller undertakes not to communicate the information relating to the buyer to third parties other than his trading partners and his subcontractors responsible for the management, execution, processing, delivery, payment and / or the follow-up of orders. The seller may, however, be required to communicate this data to meet an injunction of the legal authorities.

The buyer has a right of access, modification, rectification and deletion of his personal data. This right may be exercised at any time by the buyer according to the following conditions:

- - By connecting to his personal account

- - by sending an application via the online contact form,

- - by calling the 09.70.71.18.76.

- - by writing to PLOMBSERVICE, 59 Aisles Jean Jaurès, 31015 Toulouse, indicating his name, first name, address and if possible customer number.

The information identified by an asterisk are essential for the processing of the order or request for information formulated by the buyer. If all of these data is not specified in a complete and accurate way, the buyer is exposed that his order or request for information can be processed by the seller

13.3 The site uses cookies that allow you to record information about computer navigation on the website. These cookies are only installed after express acceptance of the buyer. The buyer may oppose the use of these cookies by setting up his browser recalled that access to certain services may require prior acceptance by the buyer of said cookies

ARTICLE 15 - INTELLECTUAL PROPERTY

All the elements of the site, whether visual or sound, including the underlying technology, are the exclusive property of the seller and benefit from both the protection of copyright and the protection conferred by the provisions relating to the right of trademarks.

The total or partial reproduction of any of these elements, on any medium and for any reason whatsoever, without the prior agreement and express of the seller is strictly prohibited.

Article 16 - Applicable law - Language - Litigation

14.1 The law applicable to the sales contract involved in the framework of the GTC and its suites is French law

14.2 In the event of failure of the claim for the seller's customer service in accordance with the terms and conditions laid down in Article 11 of the present or in the absence of a response within one (1) month, the Buyer may submit the dispute to the association of European mediators (AME CONSO) who will attempt independently and impartially, to bring the parties closer together to reach an amicable solution.

The Ombudsman may be seized under the terms and conditions defined on the website: www.mediationconso-ame.com.

Its contact details are:

14.3 Any dispute that could not be resolved in a friendly manner, will be the exclusive jurisdiction of the French courts.