These Terms and Conditions (hereinafter "Terms and Conditions") apply to any purchase made by an internet user/physical person (hereinafter the "CUSTOMER") on the website www.energystore.fr (hereinafter the "WEBSITE") with ENERGY STORE, SARL, registered in the trade and companies register of BASTIA under the number 34041434100024, having its registered office at Centre Commercial de la Gare, 20250 Corte, France, Tel: +33 (0)495 461 158, email: firstname.lastname@example.org (hereinafter the "SELLER").
Any order placed on the WEBSITE necessarily implies the unconditional acceptance of these Terms and Conditions by the CUSTOMER.
Article 1. Definitions
The following terms as used in these Terms and Conditions, have the following meanings:
- "CUSTOMER": indicates the party contracting with the SELLER, and who guarantees to act in the capacity of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER is acting other than in any usual or business activity.
- "DELIVERY": designates the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address given when ordering.
- "PRODUCTS": designates all products available on the WEBSITE.
- "TERRITORY": refers to Metropolitan FRANCE (excluding French overseas departments and territories).
Article 2. Purpose
These Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
Article 3. Acceptance of these Terms and Conditions
The CUSTOMER agrees to carefully read these Terms and Conditions and to accept them before proceeding to the payment of an order for any PRODUCTS placed on the WEBSITE.
These Terms and Conditions are referenced at the bottom of each page of the WEBSITE via a link and must be consulted before ordering. The CUSTOMER is invited to carefully read, download and print the Terms and Conditions and to keep a copy of them.
The SELLER advises the CUSTOMER to read the Terms and Conditions for each new order, the latest version of these Terms and Conditions is applicable to any new order of PRODUCTS.
By clicking on the first button to place the order and then the second one to confirm the said order, the CUSTOMER acknowledges having read, understood and agreed to the Terms and Conditions without limitation or condition.
Article 4. Purchase of products on the WEBSITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the necessary legal capacity or, if a minor, be able to justify the agreement of their legal representative(s).
The CUSTOMER will be invited to provide information to identify them by filling out the form available on the WEBSITE. The symbol (*) indicates required fields that must be completed for the order placed by the CUSTOMER to be processed by the SELLER. The CUSTOMER can check the status of their order on the WEBSITE. DELIVERIES may, where appropriate, be tracked using the online tracking tools made available by certain carriers. The CUSTOMER may also contact the SELLER'S sales department at any time by email, sent to email@example.com to obtain information concerning the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility and the information provided.
Article 5. Orders
Article 5.1 Product characteristics
The SELLER undertakes to present the principal features of the PRODUCT as clearly as possible (on the fact sheets available on the WEBSITE) and the compulsory information that the CUSTOMER is entitled to receive under the applicable law (as per these Terms and Conditions).
The CUSTOMER agrees to read this information carefully before placing an order on the WEBSITE.
The SELLER reserves the right to change the range of PRODUCTS available on the WEBSITE, in particular according to any constraints related to its suppliers.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with European legislation and standards applicable in France.
Article 5.2. Ordering procedure
Any order for PRODUCTS is placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps set out below (please note however that depending on which page the CUSTOMER begins this procedure, the steps may vary slightly).
5.2.1 Selecting PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the PRODUCT(S) concerned and choosing the features and quantities desired. After selecting the PRODUCT, the PRODUCT is placed in the CUSTOMER'S shopping basket. The CUSTOMER can then add as many PRODUCTS as they wish to their basket.
Once the PRODUCTS have been selected and placed in the shopping basket, the CUSTOMER must click on the basket and check that the contents of their order is correct. If the CUSTOMER has not yet done so, they will then be asked to identify themselves or to register.
Once the CUSTOMER has validated the contents of the basket and they have identified themselves/registered on the website, their attention will be drawn to an online form that has been completed automatically to provide a summary of the price, applicable taxes and, where appropriate, delivery charges.
The CUSTOMER is invited to check the contents of the order (including the number of items, PRODUCT features and references for the PRODUCTS ordered, invoicing address, payment method and price) before validating the contents of the said order.
The CUSTOMER can then make payment for the PRODUCTS by following the instructions on the WEBSITE and providing all information necessary for the invoicing and DELIVERY of the PRODUCTS. Regarding PRODUCTS for which options are available, these specific references are displayed when the correct options have been selected. Any order placed must include all the information necessary for the order to be processed correctly.
The CUSTOMER must also select their chosen delivery method.
5.2.3 Order confirmation
Once all the steps described above have been completed, a page appears on the WEBSITE that confirms receipt of the CUSTOMER'S order. A copy of the order confirmation is automatically sent to the CUSTOMER by email, provided that the email address communicated via the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
During the ordering procedure, the CUSTOMER shall enter all information necessary for invoicing (the symbol * indicates required fields that must be completed for the CUSTOMER'S order to be processed by the SELLER).
The CUSTOMER must state clearly all the information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CUSTOMER must then specify the chosen payment method.
Neither the order that the CUSTOMER creates online nor the order confirmation sent by the SELLER to the CUSTOMER shall constitute an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice on DELIVERY of the PRODUCTS, inside the package.
5.3. Order date
The order date is the date on which the SELLER confirms having received the order online. The deadlines indicated on the website run from this date.
For all PRODUCTS, the CUSTOMER will find the prices in euros, all taxes included, and applicable shipping costs (depending on package weight excluding packaging and gifts, the DELIVERY address and the carrier or delivery method selected) on the WEBSITE.
The prices include, in particular, value added tax (VAT) at the rate applicable on the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER'S suppliers are subject to change. Consequently, the prices listed on the WEBSITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for any major error or omission. The applicable price is that indicated on the WEBSITE on the date the order is placed by the CUSTOMER.
5.5. PRODUCT availability
Depending on the PRODUCT concerned, the SELLER may use "just in time" stock management. Consequently, depending on each specific case, the availability of the PRODUCTS depends on the SELLER'S stocks.
The SELLER undertakes to honour orders received, subject to the PRODUCTS being available.
The unavailability of any PRODUCT is normally indicated on the web page of the PRODUCT concerned. CUSTOMERS may also be informed that a PRODUCT is being restocked by the SELLER.
In any event, if the unavailability was not specified at the time of the order, the SELLER shall promptly inform the CUSTOMER if any PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER:
Either offer to ship all PRODUCTS at the same time as soon as the out of stock PRODUCTS are again available.
Or proceed to a partial shipment of the PRODUCTS initially available, and then ship the remainder of the order when the other PRODUCTS are available, subject to clear information about the additional shipping costs that may be incurred.
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel the unavailable PRODUCTS ordered, they will be refunded any sums paid for the unavailable PRODUCTS at the latest within thirty (30) days of the payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided in the "withdrawal policy" policy available in Appendix 1 of these Terms and Conditions and accessible at the bottom of each page of the WEBSITE via a hyperlink.
Article 7. Payment
7.1. Payment methods
The CUSTOMER can pay for their PRODUCTS directly on the WEBSITE using any of the methods proposed by the SELLER.
The CUSTOMER guarantees the SELLER that they hold all the authorisations required to use the chosen method of payment.
The SELLER shall take all necessary measures to guarantee the security and confidentiality of data transmitted online through the online payment system used on the WEBSITE.
In this regard, it is clearly specified that all payment information provided on the WEBSITE is transmitted to the WEBSITE'S bank and is not processed on the WEBSITE.
7.2. Payment date
In the event of a single payment by credit card, the CUSTOMER'S account will be debited as soon as the order is placed for the PRODUCTS on the WEBSITE.
In the event of a partial DELIVERY, the total amount will be debited from the CUSTOMER'S account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the final paragraph of Article 5.5 of these Terms and Conditions.
7.3. Overdue or refused payment
If the bank refuses to debit a credit card or other method of payment, the CUSTOMER must contact the SELLER'S Customer Service to pay for the order by any other valid method of payment.
In the event that for any reason whatsoever, opposition, rejection or otherwise, the payment of the money owed by the CUSTOMER is not possible, the order shall be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros, including VAT, will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CUSTOMER.
In the event of any dispute, the SELLER will have an opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment by the CUSTOMER.
The provisions above shall not prevent the transfer to the CUSTOMER, at the time of receipt by them or a third party designated by them other than the carrier, of the risks of loss or damage to the PRODUCTS subject to this reserve of ownership, together with any risks of damage they may cause.
Article 10. Delivery
The methods of DELIVERING the PRODUCTS are set out in the "delivery policy" given in Appendix 2 of these Terms and Conditions and are accessible at the bottom of each page of the WEBSITE via a hyperlink.
Article 11. Packaging
The PRODUCTS will be packed in accordance with current transport standards, to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS as provided in Appendix 1 - Withdrawal policy.
Article 12. Warranties
12.1. Guarantee of conformity
The SELLER has an obligation to deliver a compliant PRODUCT that is suitable for the use expected from a similar article and corresponding to the description given on the WEBSITE. This compliance also implies that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER is liable and can be held accountable for any defects existing at the time of delivery and the defects resulting from the packaging, instructions for assembly or installation when this was the SELLER'S responsibility or was carried out under the SELLER'S responsibility.
Legal action due to lack of conformity has a two-year period of prescription starting from when the PRODUCT was delivered.
In the event of any lack of conformity, the CUSTOMER has the choice of requesting either the replacement or the repair of the PRODUCT. However, if the cost of the CUSTOMER'S choice is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may refund the item without following the option chosen by the CUSTOMER.
In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days from receipt of the PRODUCT and in exchange for the CUSTOMER returning the PRODUCT to the following address: Centre Commercial de la Gare, 20250 Corte, France.
Lastly, the CUSTOMER has no obligation to prove the existence of a lack of conformity concerning the PRODUCT during the six (6) months following delivery of the PRODUCT.
It is specifically stated that this legal guarantee of conformity is applicable irrespective of any commercial guarantee granted, if applicable, concerning the PRODUCTS.
12.2. Guarantee covering hidden defects
The SELLER is bound by the guarantee for any hidden defects concerning the PRODUCT sold that render it unfit for the use for which it was intended or which so impair that use, to such an extent that the CUSTOMER would not have acquired it, or would have paid a lower price, had they been aware of them.
This guarantee enables the CUSTOMER who proves the existence of a hidden defect to choose either to refund the price of the PRODUCT, if returned, or to refund part of the price, if the PRODUCT is not returned.
In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days from receipt of the PRODUCT and in exchange for the CUSTOMER returning the PRODUCT to the following address: Centre Commercial de la Gare, 20250 Corte, France.
Legal action due to hidden defects must be brought by the CUSTOMER within a period of two (2) years from the discovery of the said defect.
Article 13. Responsibility
The SELLER may under no circumstances be held responsible for the non-performance or improper performance of their contractual obligations when this is attributable to the CUSTOMER, especially when placing their order.
The SELLER may not be held liable or deemed to have breached the conditions of these Terms and Conditions for any delay or failure to execute, when the cause of the delay or failure was due to Force Majeure as defined by French jurisprudence in the French courts.
It is also specified that the SELLER has no control over other websites that may be directly or indirectly linked to the WEBSITE. Accordingly, all liability is formally refuted for any information that may be published on such sites. The links to third-party websites are provided for information only and no guarantee is given as to their content.
Article 14. Personal information
The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CUSTOMER'S account, analyse orders and, if the CUSTOMER has chosen this option, send marketing or canvassing emails, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.
CUSTOMER data is kept confidential by the SELLER in accordance with its declaration to the CNIL (Commission Nationale d'Informatique et des Libertés - French national data protection organisation), for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
Data may be communicated in whole or part, to the SELLER'S service providers involved in the ordering process. For commercial purposes, the SELLER may communicate to its business partners the names and details of its CUSTOMERS, provided that they have given their prior consent when registering on the WEBSITE.
The SELLER specifically asks its CUSTOMERS if they wish for their personal data to be disclosed. CUSTOMERS may change their mind at any time either directly on the WEBSITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial offers from its partners.
In accordance with Act No. 78-17 of 6 January 1978 relating to data files and rights, the CUSTOMER has a right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They can exercise this right by sending an email to the address: firstname.lastname@example.org or by sending a letter to: Energy Store / Centre Commercial de la Gare / 20250 Corte / France.
It is specifically stated that the CUSTOMER must prove their identity, either by scanning an officially accepted proof of identity or by sending the SELLER a photocopy of such proof of identity.
Article 15. Complaints
The SELLER shall provide the CUSTOMER with a "Customer Telephone Service" available on the following number: +33 (0)495 461 158 (non-surcharged number).
Any written complaint by the CUSTOMER must be sent to the following address: Energy Store / Centre Commercial de la Gare / 20250 Corte / France.
Article 16. Copyright
All the visual and sound elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. Any website publisher who wishes to create a hyperlink directly to the WEBSITE must request authorisation from the SELLER in writing.
Any such authorisation by the SELLER shall, under no circumstances, be granted permanently. This link must be removed if so requested by the SELLER. Hypertext links to the WEBSITE using techniques such as framing or by inserting hyperlinks (inline linking) are strictly prohibited.
Article 17. Validity of these Terms and Conditions
Any change in the applicable law or regulations or any decision by a competent court invalidating one or more provisions of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such a modification or decision does not in any case authorise the CUSTOMER to ignore these Terms and Conditions.
All conditions not specifically addressed herein shall be governed in accordance with standards applicable within the trade sector concerned, for companies whose headquarters are located in France.
Article 18. Modifications to these Terms and Conditions
These Terms and Conditions apply to all online purchases made on the WEBSITE, whilst the WEBSITE is available online.
The Terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The Terms and Conditions applicable are those in force on the date on which the order is confirmed.
Changes to the Terms and Conditions shall not apply to previously purchased PRODUCTS.
Article 19. Jurisdiction and applicable law
These Terms and Conditions together with all relationships between the CUSTOMER and the SELLER are governed by French law.
In the event of any dispute, only French courts shall have jurisdiction.
However, a voluntary negotiation process will be preferred prior to any recourse to court arbitration or a state judge, any such negotiation to be conducted in a spirit of loyalty and good faith in order to try to reach an amicable agreement should any dispute relating to this contract arise, including any dispute relative to its validity.
The party wishing to implement the negotiation process must first inform the other party by registered letter with acknowledgement of receipt stating the elements relative to the dispute. If, after a period of fifteen (15) days, the parties are unable to agree, the dispute may be submitted to the competent jurisdiction mentioned hereinafter.
Throughout the process of negotiation and until its outcome, the parties shall refrain from exercising any legal action against one another and as concerns the dispute which is subject of the negotiation. As an exception, the parties are authorised to file an application for summary proceedings or to request the granting of an interim order on request. Any legal action before the appropriate court for summary proceedings or the implementation of an interim order does not mean that either of the parties renounces the clause for an amicable solution, other than in the event of an express willingness to the contrary.
Principle of withdrawal
The CUSTOMER has, in principle, the right to send back or otherwise return the PRODUCT to the SELLER or to any person designated by the latter, without undue delay, and at the latest within fourteen (14) days of having given notification of their decision to withdraw, unless the SELLER has offered to collect the PRODUCT himself.
The withdrawal period shall expire fourteen (14) calendar days after the date on which the CUSTOMER, or a third party other than the carrier and indicated by the CUSTOMER, took physical possession of the PRODUCT.
In the event that the CUSTOMER had ordered several PRODUCTS in one single order which then resulted in several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CUSTOMER or a third party other than the carrier and indicated by the CUSTOMER, took physical possession of the final PRODUCT delivered.
Notification of withdrawal
To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by sending an unequivocal statement to: Centre Commercial de la Gare, 20250 Corte, France or email@example.com.
They may also use the form given below:
For the attention of [*] (* SELLER'S contact details)
SELLER'S telephone number*:
SELLER'S fax number*:
SELLER'S email address*:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT given below:
Purchase order No.:
- Ordered on [________________] / received on [_______________]
- Payment method used:
- Name of the CUSTOMER and, if appropriate, of the beneficiary of the order:
- CUSTOMER'S address:
- Delivery address:
- Signature of the CUSTOMER (except in the event of transmission by email)
For the withdrawal period to be respected, the CUSTOMER must transmit their communication relating to the exercise of their right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CLIENT, the SELLER agrees to refund the full amount paid, including shipping charges without undue delay and in any event, no later than fourteen (14) days from the date on which the SELLER is notified of the decision of the CLIENT to withdraw.
The SELLER will proceed with the refund using the same method of payment as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different method; under no circumstances may this refund result in any cost to the CUSTOMER.
The SELLER may withhold the refund until the goods have been received or until the CUSTOMER has provided evidence of the shipment of the goods, whichever is the earliest.
The CUSTOMER must, without undue delay and in any event no later than fourteen (14) days of notifying their decision to withdraw from this contract, return the goods to: Centre Commercial de la Gare, 20250 Corte, France.
This deadline is considered to have been met if the CUSTOMER returns the goods before the expiration of the fourteen-day period.
Cost of returns
The CUSTOMER shall bear the direct cost of returning the goods.
Condition of the returned goods
The PRODUCT must be returned in accordance with the SELLER'S instructions and must, in particular, include all accessories delivered.
The CUSTOMER is only held liable for any damage to the goods resulting from any handling other than that strictly necessary to establish the nature, characteristics and functioning of this PRODUCT. In other words, the CUSTOMER may test the PRODUCT but they may be held liable if they carry out any handling or other procedures other than those strictly necessary.
The PRODUCTS will be packed in accordance with current transport standards, to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must meet the same packaging standards when they return PRODUCTS. In this respect the CUSTOMER is invited to return the PRODUCT that they do not wish to keep, in its original packaging and in good condition appropriate for re-sale.
The PRODUCTS are shipped to the delivery address(es) indicated by the Customer during the ordering process, anywhere in the world.
The period of time to prepare an order and issue the invoice before shipping the PRODUCTS is 48 hours. These times do not include weekends or bank holidays.
A message will be automatically sent by email to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address given on the registration form is correct.
DELIVERY CHARGES & DELIVERY TIMES
During the ordering process, the SELLER will inform the CUSTOMER of the possible shipping options and delivery times for the PRODUCTS purchased.
The shipping costs are calculated according to the delivery method and depending on the tariff applied by the French post office (La Poste). The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Any purchase over €200 incl. VAT will be delivered with FREE SHIPPING within metropolitan France.
Details of the delivery times and costs are set out in detail on the WEBSITE.
TERMS OF DELIVERY
The package will be delivered to the CUSTOMER against signature and on presentation of proof of identity.
If the CUSTOMER is absent, a notice will be left for the CUSTOMER, to enable them to collect their package at the post office.
The CUSTOMER is informed of the delivery date when they choose the carrier, at the end of the online ordering process, before confirming the order.
It is specified that the deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within that period, they may terminate the contract.
The SELLER shall refund the CUSTOMER, without undue delay after receipt of the termination letter, for the total amount paid for the PRODUCTS, taxes and delivery included, using the same method of payment as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER remains responsible until the PRODUCT is delivered to the CUSTOMER. The CUSTOMER is reminded that they have a period of three (3) days to notify the carrier of any damage or partial loss observed at the time of delivery.
These Terms and Conditions were originally drawn up in the French language. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of any dispute.