GENERAL CONDITIONS FOR SALE

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

On 04/06/2021

ARTICLE 1 – PURPOSE - SCOPE

1.1 The purpose of these general terms and conditions of sale (hereinafter referred to as "the General Terms and Conditions") is to govern all sales concluded remotely by the company Lead Service (hereinafter referred to as "the Seller") with a consumer or professional user (hereinafter referred to as "the Buyer") through the Internet site https://www.plombservice.fr/gb/ (hereinafter referred to as "the Site").

The professional buyer cannot avail himself of the provisions of the Consumer Code which apply only to consumers.

The GTCs are made available on the Site and sent directly to the Buyer in the confirmation email of his order. The Buyer states that he has read and accepted the GTCs before placing his order by checking a box provided for this purpose

1.2 The GTCs take precedence over any other clause or stipulation mentioned in the orders, correspondence, prospectus, catalogues, photographs or any other documents exchanged

The fact that the Seller does not apply any article of the GTC at any given time cannot be interpreted as a waiver of its use at a later date.

1.3 The sale offer offered by the Seller on the Site:

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

- and relates only to sales whose delivery takes place exclusively in the territory of Metropolitan France

1.4 The Seller reserves the right to modify these Terms and Conditions at any time. In case of change, the applicable GTCs will be those in effect on the date of the order, a copy of which was sent to the Buyer in the confirmation email of his order.

1.5. If one of the clauses of the GTC were null and void, the other clauses would not be cancelled.

ARTICLE 2 - PRODUCTS

2.1. Product characteristics appear on the Site. The references and information presented on the Website have been entered according to the information provided by the Seller's suppliers. The photographs illustrating the products on the Site are not a contractual document. Only the information contained in the order summary is authentic.

2.2. Tenders by the Seller shall be within the limits of available stocks and, where appropriate, within the time limits indicated.

Refreshment of the seller's product base is regular. However, the products displayed available may sometimes no longer be available at the time of placing the Purchaser's order. Consequently, the sale is concluded only after confirmation by the Seller of the order placed by the Buyer with regard to the availability of the products ordered.

If confirmation of the order has not been obtained because of the total or partial unavailability of a product ordered, the Seller will inform the Buyer as soon as he himself becomes aware of this unavailability.

In this case, the Buyer will have the possibility:

- cancel the entire order, free of charge,

- or confirm its order for the items ordered available

In any case, the seller will refund the consumer buyer the total amount of the items ordered not available within a maximum period of thirty (30) days following payment, in accordance with article L. 121-20-3 paragraph 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 until which the spare parts necessary for the use of the products sold by the Seller are available on the market are 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 through his user account.

For any first order, the Buyer must first create a user account, identify as a professional or consumer and provide the registration form provided for this purpose on the Site. The opening of a user account includes the entry of five identifiers: first names, an e-mail address, a password, and when the Buyer is a professional, his Siren number.

Buyer IDs are personal and must be kept confidential. The Buyer forbids disclosure to or transfer to a third party. The Buyer shall be responsible for the use of his identifiers and, if necessary, he shall immediately inform the Seller in writing of any use of his identifiers made without his knowledge so that the Seller may deactivate those identifiers.

It is the responsibility of the Buyer to provide accurate and complete information and to ensure that it is updated in the event of subsequent changes.

Control switch

- The Buyer selects the products with a first click on the "ADD TO CART" tab and indicates the quantities he wishes to order. It can check the selected products at any time by clicking on the "View Your Basket" tab ;

- After ordering, the Buyer clicks on the "COMMAND" tab. A summary of the order is then submitted to him. It has the ability to control and modify its order in whole or in part or to click on the "CONTAIN YOUR ACHATS" function to add new products. In this case, a new order summary is submitted to the Buyer ;

- The Buyer shall read the terms and conditions on the Website and shall express its adherence to those terms and conditions by checking the box provided for that purpose. As a result of this action, the Buyer declares and acknowledges that he has a perfect knowledge of the GTC and accepts the said conditions ;

- The Buyer chooses the method of delivery of the products ordered from among the options offered by the Site (home delivery or relay point delivery) and informs its delivery and billing addresses. Delivery of an order means a single place of delivery ;

- The valid buyer – in a firm and definitive way – the content and amount of the order. The validation – which is an express acceptance of the Buyer – is evidenced by the following action: click on the "CONFIRMER MY ORDER" button ;

- The Buyer makes payment for his order in accordance with the options offered by the Site.

Once the necessary advance checks have been completed by the Seller, the Seller will send an e-mail to the Buyer at the e-mail address provided by the Buyer informing him of the confirmation of his order, if any

The order confirmation email reminds the Buyer, the description of the products ordered, the total amount of the order - detailing the selling prices of each item and the costs associated with the delivery - of the delivery times and the terms of the order.

Only the final validation of the order and the full payment of the selling price contractually bind the Seller vis-à-vis the Buyer. The shipment of the products shall be made only from the final validation of the order and from the receipt of payment of the order in question.

ARTICLE 4 – PRICES

4.1 Prices displayed on the Website 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 the order is placed.

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

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

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

* For a total weight of the items ordered exceeding 5 kg up to 10 kg : 18 € incl

* For a total weight of the items ordered exceeding 10 kg up to 15 kg : 22 € incl

* For a total weight of items ordered over 15 kg : 26 € incl

- If the Buyer opts for a relay point delivery: the shipping costs differ according to the total weight of the items ordered as follows:

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

* For a total weight of the items ordered exceeding 5 kg up to 10 kg : 15 € incl

* For a total weight of the items ordered exceeding 10 kg up to 15 kg : 22 € incl

4.2 Tariff conditions applicable to professional customers

Professional accounts benefit from a 10% commercial discount on the whole catalogue, with the exceptions mentioned below.

Some products are identified as Net Pro Award.
These products are already subject to optimised pricing and are not eligible for additional discounts.

The Net Price Pro is indicated directly on the product sheet concerned.

ARTICLE 5 – PAYMENT

5.1. Prices are payable in euros (€), in full, by French bank card (Mastercard, Visa, CB), by transfer, by PAYPAL account or by cheque denominated in euros from a bank domiciled in France to the order of the Seller.

Payment is made by cash payment when the order is validated.

A refusal of authorization by the bank centre shall entail the cancellation of the Purchaser's order automatically and without compensation.

If the Buyer has opted for a method of payment by cheque when placing his order, the order is then reserved by the Seller for 7 days from the validation of the latter on the Site. After this period, without receipt of the cheque by the Seller corresponding to the total amount of the order, the Purchaser's order will be automatically cancelled.

5.3. Failure by the Buyer to comply with the obligations under the Terms and Conditions, and in particular with respect to any incident of payment of the price of an order, may result in the suspension of access to the Site or even the termination of its user account, without prejudice to any damages that the Seller may seek. Accordingly, the Seller reserves the right to refuse any order from a Buyer with whom such a dispute exists.

5.4 If an incident occurs when recording the Purchaser's order, the Purchaser will be null and void and the Purchaser will have to repeat the ordering procedure.

5.5. The invoice for the order placed by the Buyer will be returned to the Buyer upon delivery.

ARTICLE 6 – DELIVERY

6.1 The delivery of the products ordered by the Purchaser shall take place only after the full payment of the order has been registered. Thus, in the event of payment by cheque, delivery of the order will only be possible after actual receipt of the cheque.

The products ordered are delivered at the place of delivery indicated at the time of the order according to the delivery method chosen by the Buyer from among 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 delivery address different from the billing address. A delivery note will then be attached to the package delivered.

6.3 Deliveries will be made on working days, except 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 period of thirty (30) days from the day following the validation of the order - unless the products ordered are not available, in accordance with Article L. 216-1 of the Consumer Code.

In the event that the Seller fails to comply with its obligation to deliver the products ordered within the above time limit, the Consumer Buyer may terminate the contract, by registered letter with request for receipt or by writing on another durable medium, if – after having ordered the Seller in the same manner to deliver within a reasonable time within the meaning of Article L.138-2 of the Consumer Code – the Seller has not performed within that time limit.

The sale will be deemed to be resolved upon receipt by the Seller of the letter or writing informing him of this resolution, unless the Seller has executed himself in the meantime.

In such circumstances, the Seller shall reimburse the Consumer Buyer of all sums paid as soon as possible and no later than fourteen (14) days from the date on which the contract was terminated, in accordance with the provisions of Article L.138-3 of the Consumer Code.

However, any delay in delivery attributable either to the Buyer, to the unpredictable and insurmountable fact, or to a case of force majeure, will not lead to the Seller's liability.

6.5 In case of home delivery, the Buyer undertakes to provide the Seller with a valid delivery address. It is up to the Buyer to verify in advance of the order – particularly with regard to the specifications of the products in terms of size, volume and weight – that they can be carried by normal access routes and in particular that there are no obstacles to delivery (such as stairs, elevators, pallet doors). In particular, the Seller cannot be held responsible for the impossibility of delivering the order in case of error in any of the information supplied by the Buyer

If the parcel is returned to the Seller for incomplete or false address, the Seller undertakes, however, to contact the Buyer to inform him of the situation and request further information on the address or new shipping address. The costs of this new shipment – previously communicated to the Buyer by the Seller – will be borne by the Buyer.

If the Seller were to suffer damages of any kind related to a defect in information transmitted by the Buyer, the Seller reserves the right to seek redress from the Buyer.

ARTICLE 7 – RECEIPT

7.1 Upon receipt of the order – delivered as a relay point or at home – the Buyer must verify the condition of the package(s), i.e. the nature, condition, quantity, and more generally the conformity of the products delivered with regard to the order in question.

As such, the Buyer shall carry out all necessary examinations to detect any damage, missing or non-conformity, including checking the condition of the packaging, the number of packages and the products in their quantities, references, conditions and characteristics.

The signature of the delivery note and/or the transport slip, if any, is equivalent to delivery of the products ordered.

7.2. In the event of damage or damage, the Buyer shall issue all necessary reservations on the delivery note and/or the transport voucher in a precise and reasoned manner and inform the carrier thereof within three (3) days, by registered letter with acknowledgement of receipt.

If the Buyer has been able to verify the condition of the package at the time of delivery and has consumer status, this period shall be extended 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 email of any damage or damage to the products.

In the event of a non-conformity, the Buyer shall refer to the procedure described in Article 10 of this Agreement

ARTICLE 8 – MAJOR FORCE

The Seller shall not be held liable for any or all of his obligations arising from the occurrence of a force majeure event.

Thus, in the event of the occurrence of a fortuitous event or a case of force majeure which would hinder or delay the performance of the Seller's obligations in whole or in part, the performance of those obligations shall be suspended. After a period of one (1) month of interruption due to force majeure, the Seller may cancel the order and refund the Buyer.

These include, but are not limited to, war, riots, insurrection, social unrest, strikes of all kinds, 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 withdrawal period of fourteen (14) calendar days to cancel his order – without having to justify his decision or pay penalties.

The withdrawal period shall expire fourteen (14) days after the day on which the Buyer or a third party other than the Carrier and designated by the Buyer takes physical possession of the goods. If the 14-day period expires on a Saturday, a Sunday, a holiday or an unemployed day, it shall be extended until the next working day.

In the case of an order for more than one product delivered separately or in the case of an order for a product consisting of lots or multiple parts whose delivery is spread over a specified period, the withdrawal period shall expire fourteen (14) days after the day on which the Purchaser or a third party other than the Carrier and designated by the Purchaser takes physical possession of the last product or lot or last part.

In order to exercise this right of withdrawal, the Buyer shall notify the Seller of its decision to withdraw before the expiry of the period indicated above by sending a declaration without ambiguity, recalling the order number and its complete contact details, as follows:

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

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

- Via the online contact form.

The burden of proof of exercising this right of withdrawal is 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 Purchaser shall return the items to the Seller at the address of his head office, the order number and full contact details, without undue delay and, at the latest, within 14 calendar days following the communication of his decision to withdraw:

It will be up to the Buyer to keep the proof of this return.

Direct costs of returning products and risks of return shall remain with the Buyer.

The products must be returned in their original packaging, in their original condition, in perfect condition, accompanied by all the accessories and instructions 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 cannot be exercised in the case of the supply of products made according to the specifications of the Purchaser or clearly personalized.

Furthermore, the right of withdrawal cannot be exercised if the returned product is unfit for marketing. As such, the Buyer must take all steps to ensure that the products ordered are not likely to deteriorate.

The Seller shall reimburse the Buyer for all sums paid by the Buyer corresponding to the selling price of the returned product(s), the delivery costs corresponding to the delivery by the Seller of the product(s) ordered and the lump sum contribution to the costs of processing the order.

However, the Seller shall not reimburse to the Buyer the price of products returned incomplete, damaged, damaged, damaged or soiled by the Buyer and/or the price of products which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection. These products will be sent back to the Buyer at his own expense, risk and risk.

The refund shall be made no later than fourteen (14) days after the date on which the Seller receives the products

The Seller shall make this refund using the same means of payment as used by the Buyer for the initial transaction, unless expressly agreed by the Buyer for the Seller to use another means of payment.

The product(s) returned in port due or refund will/will be refused by the Seller.

ARTICLE 10 – GUARANTEE

10.1 The Seller shall be bound in respect of the Consumer Buyer, the non-conformity of the product(s) under the conditions of Articles L. 217-1 et seq. of the Consumer Code

Moreover, regardless of the quality of the Buyer, the Seller is bound by the warranty because of the hidden defects of the thing sold which render it unfit for the use to which it is intended, or which reduce such use so much that the Buyer would not have acquired it, or would have given only a lesser price, had he known them (article 1641 of the Civil Code),

If the products delivered are not in accordance with the products ordered by the Buyer or if they show defects, the latter must notify the Seller's Customer Service (see Article 11 of this Regulation).

The Customer Service acknowledges receipt of the Buyer's request and confirms the procedure to be followed. Upon receipt of the instructions, the Buyer returns the Products that are not compliant or affected by a hidden defect to the Seller at the following address indicated.

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

Upon receipt of the product(s) presumed to be non-compliant or affected by a hidden defect, the Seller shall carry out a check of the products. It may also proceed with products returned by the Buyer to a quality test to verify that they are the original products. It is understood that such checks shall be carried out as soon as possible and within a maximum period of one (1) month.

10.2 The Buyer who requests the application of the legal guarantee of conformity:

- must inform the Seller within two years of delivery of the product ;

- may choose between repair or replacement of the product, subject to the cost conditions laid down in Article L. 217-9 of the Consumer Code ;

- is exempt from reporting proof of non-conformity of the product

10.3 The Buyer may decide to implement the warranty against hidden defects of the thing sold. This guarantee shall apply provided that the defect is hidden, renders the product unfit for its intended use and exists on the date of acquisition. The Buyer has two years, from the discovery of the vice, to act and request the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

10.4 Certain products sold benefit from 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 shall be subject, where appropriate, to a written contract, a copy of which may be forwarded to the Buyer by the Seller as a simple intermediary.

However, the Buyer will have to approach the manufacturer directly if he wishes to benefit from the contractual guarantee.

ARTICLE 11 – CUSTOMER SERVICE

For any information, information request or complaint, the Buyer may contact the Seller as follows:

- By registered mail with acknowledgement of receipt to the following address: 59 Allées Jean Jaurès, 31015 TOULOUSE

- By email at service-clients@plombservice.fr

- By telephone at 09.70.71.18.76.

- Through the online contact form

ARTICLE 12 – EVIDENCE

By express agreement between the Seller and the Buyer, electronic mail will be authentic between the Parties, as will the data recorded by the automatic recording systems used on the Site, in particular as to the object and date of the order.

ARTICLE 13 - LIABILITY

The responsibility of the Seller shall not be incurred in the event that the failure to fulfil its obligations is attributable to the act of a third party even if it is foreseeable, to the fault of the Buyer, or to the occurrence of a force majeure event as defined in Article 8 of this Agreement

The Seller shall not be liable for any direct or indirect damages, whether foreseeable or not, caused by the use of the Site and/or products to the Professional Buyer.

In the event that the Seller's liability was to be held liable for injury suffered by the Professional Buyer, the latter shall remain limited to the amount of the order paid by the Buyer

Any claim filed by the Professional Buyer against the Seller must be made within six (6) months of the occurrence of the event, the subject 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 process them in accordance with the law of Computer Science and Freedoms n°78-17 of 6 January 1978 and Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data.

13.2 Personal information and data transmitted to the Seller by the Buyer shall be computer-processed and may be used by the Seller, its internal services, subcontractors, trading partners or rights holders to:

- the processing, execution and management of orders

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

- inform the Buyer of upcoming sales and events,

- improve and customize the services the Seller offers to the Buyer and the information the Seller sends to him, including through prospecting actions, sending newsletters or special offers,

- processing requests for information made via the Contact form.

This information and data shall also be kept for security purposes, in order to comply with the legal and regulatory obligations of the Seller.

Unless expressly refused by the Buyer for legitimate reasons, after their collection, the personal information and data collected may be processed by computer for internal statistical use and commercial use by the Seller, except in the case of prospecting.

Depending on the choices made 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 be informed of particular transactions by e-mail ("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 request them by clicking on an electronic link available for this purpose on the e-mails, or by modifying his account directly on the Site.

The Seller undertakes not to disclose the information relating to the Buyer to third parties other than its trading partners and subcontractors responsible for the management, execution, processing, delivery, payment and/or tracking of orders. The Seller may, however, be required to provide such data in response to an injunction from the legal authorities.

The Buyer has the right to access, modify, rectify and delete his personal data. This right may be exercised at any time by the Buyer as follows:

- - by connecting to his Personal Account

- - by sending a request via the online contact form,

- - by calling 09.70.71.18.76.

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

The information identified by an asterisk is essential for processing the order or request for information made by the Buyer. If all of this data is not fully and accurately provided, the Buyer will expose him to the fact that his order or request for information cannot be processed by the Seller

13.3 The Site uses cookies to record information about computer browsing on the website. These cookies are only installed after explicit acceptance by the Buyer. The Buyer may object to the use of these cookies by setting up his browser being reminded that access to certain services may require prior acceptance by the Buyer of such cookies

ARTICLE 15 – INTELLECTUAL PROPERTY

All elements of the Site, whether visual or audio, including the underlying technology, are the exclusive property of the Seller and enjoy both the protection of copyright and the protection afforded by the trademark law provisions.

The total or partial reproduction of any of these elements on any medium and for any reason without the prior and express consent of the Seller is strictly prohibited.

ARTICLE 16 – APPLICABLE LAW – LANGUAGE – LITIGE

14.1 The law applicable to the contract of sale in the framework of the General Terms and Conditions and its consequences is French law

14.2 In the event of the failure of the request for a complaint made to the Customer Service of the Seller in accordance with the procedures laid down in Article 11 or in the absence of a reply within one (1) month, the Buyer may submit the dispute to the Association of European Ombudsmen (AME Conso), which shall attempt independently and impartially to bring the parties closer together with a view to reaching an amicable solution.

The Ombudsman may be contacted under the conditions and arrangements set out on the website: www.mediationconso-ame.com.

The contact details are as follows:

14.3 Any dispute that could not be resolved amicably will be the exclusive jurisdiction of the French courts.