As of 23 May 2016, the General Terms and Conditions of Sale set forth herein (hereinafter "General Terms and Conditions") shall apply to all purchases made by internet users/natural persons (hereinafter the "CUSTOMER(S") through the website: https://www.synergiashop.com (hereinafter the "WEBSITE") operated by SYNERGIA SAS, registered at the Company and Trade Register of Le Puy en Velay, France under number 448 981 944, and having its registered office at Le Poyet 43500 BEAUNE SUR ARZON, France, Tel: +33 (0)477423010, Fax: +33 (0)477423011, email: firstname.lastname@example.org (hereinafter the "SELLER").
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 dispute.
Any order placed on the WEBSITE necessarily implies unconditional acceptance of these General Terms and Conditions by the CUSTOMER.
For the purposes of these General Terms and Conditions, the terms set out below shall have the following meanings:
These Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS. The CUSTOMER is clearly informed and acknowledges that the WEBSITE is addressed to consumers and that professional users must contact the SELLER's sales department to qualify for separate contractual terms and conditions.
The CUSTOMER agrees to carefully read these Terms and Conditions and express acceptance thereof before proceeding with the payment of PRODUCTS ordered through the WEBSITE. These Terms and Conditions can be accessed through a link provided at the bottom of each page of the WEBSITE and must be consulted prior to placing an order. The CUSTOMER is advised to carefully read, download, print, and save a copy of these Terms and Conditions.
The SELLER also advises CUSTOMERS to read the Terms and Conditions each time a new order is placed to ensure they are aware of and comply with the current version, which may contain updates and/or changes that are applicable to all new PRODUCT orders. By clicking on the first button to place an order and then on the second to confirm said order, the CUSTOMER acknowledges to have read, understood, and accepted these Terms and Conditions without any limitations or restrictions.
To be able 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 provide proof of consent from a parent or legal guardian. CUSTOMERS will be asked to provide personal information to confirm their identity by filling out the form available on the WEBSITE. The symbol (*) indicates mandatory fields that must be filled in before the order can be submitted to the SELLER for processing. CUSTOMERS can check the status of their order on the WEBSITE and can track DELIVERIES, if need be, by using the online tracking tools made available by certain carriers. CUSTOMERS can also contact the SELLER's sales department at any time by email at: email@example.com to obtain information on the status of their order.
The information CUSTOMERS provide to the SELLER when placing an order must be complete, accurate, and up-to-date. The SELLER reserves the right to ask CUSTOMERS to confirm, by any appropriate means, their identity, eligibility, and the information provided.
The SELLER undertakes to present the essential features of the PRODUCT and any other relevant information (through data sheets available on the WEBSITE), and the mandatory information to which the CUSTOMER is entitled under the applicable law. The CUSTOMER agrees to read this information carefully before placing an order on the WEBSITE. Unless otherwise expressly stipulated on the WEBSITE, any PRODUCT sold by the SELLER is new and complies with the European legislation and standards applicable in France.
All PRODUCTS are directly ordered through 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 starts this procedure, the steps may vary slightly).
CUSTOMERS must select the PRODUCT(S) of their choice by clicking on the PRODUCT(S) concerned and choosing the features and quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER's shopping cart. CUSTOMERS can then add as many products as needed to their cart.
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the cart to check whether the content of the order is correct. Unless already done so, the CUSTOMER will then be asked to sign in or to register on the WEBSITE. Once the CUSTOMER has confirmed the contents of the cart and signed in/registered on the WEBSITE, an automatically completed form will be displayed summarizing the price, any applicable taxes and, where appropriate, the shipping charges. The CUSTOMER is advised to check the content of the order (including the quantity, PRODUCT information and references for the PRODUCTS ordered, invoicing address, payment method, and price) before confirming the content of said order. The CUSTOMER can then proceed with payment of the PRODUCTS by following the instructions on the WEBSITE and providing all the information required for invoicing and for DELIVERY of the PRODUCTS. With regard to PRODUCTS for which options are available, these specific references will be displayed when the relevant options have been selected. Any order placed must include all the information required for proper processing of the order. CUSTOMERS must also select their preferred shipping method.
Once all the foregoing steps have been followed, the WEBSITE will display a page to confirm receipt of the CUSTOMER's order. A copy of the order confirmation is automatically sent to the CUSTOMER by email provided the email address entered on the registration form is correct. The SELLER does not send any order confirmation by regular mail or fax./p>
During the ordering process, the CUSTOMER must enter all required invoicing information. (The symbol (*) indicates mandatory fields that must be completed before the order can be submitted to the SELLER for processing). The CUSTOMER must clearly specify all information relating to DELIVERY, particularly the exact delivery address, as well as any access codes related to the DELIVERY address. The CUSTOMER must then indicate the preferred payment method. Neither the CUSTOMER's online order nor the order confirmation sent by the SELLER to the CUSTOMER shall constitute an invoice, irrespective of the type of order or payment method. The CUSTOMER shall receive the original invoice upon DELIVERY of the PRODUCT(S), inside the package.
The order date is the date on which the SELLER confirms receipt of the order online. The deadlines indicated on the WEBSITE shall only take effect following that date.
The prices of all products displayed on the WEBSITE are quoted in Euros, inclusive of all taxes, as well as any applicable shipping costs (depending on package weight, excluding packaging and gifts, the delivery address, the carrier, and the selected delivery method). Prices include the value added tax (VAT) at the applicable rate at time of order. Any modification in the applicable rate may affect the price of the PRODUCTS starting 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 are also subject to change. They may also be modified in the event of special offers or sales. The prices indicated are valid except in cases of gross errors. The applicable price is that indicated on the WEBSITE on the date the order is placed by the CUSTOMER.
Should a PRODUCT be unavailable, it will normally be indicated on the web-page of the PRODUCT in question. 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 undertake to notify the CUSTOMER immediately that the PRODUCT is out-of-stock. The SELLER may, at the request of the CUSTOMER:
The terms of the right of withdrawal are provided in the "Withdrawal Policy" set out in Appendix 1 of these Terms and Conditions and accessible through a hyperlink provided at the bottom of each page of the WEBSITE.
CUSTOMERS may pay for their PRODUCTS directly online by selecting any of the methods offered by the SELLER. CUSTOMERS shall ensure the SELLER that they hold all the authorizations required to use the selected payment method. The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online through the online payment system used on the WEBSITE. In this respect, it is clearly specified that all payment information provided on the WEBSITE is redirected to the WEBSITE's bank and is not processed on the SELLER'S website.
In the event of a one-time payment by credit card, the CUSTOMER's account shall be charged as soon as the order for the PRODUCTS is placed on the WEBSITE. In the event of a partial delivery, the total amount shall be charged on the CUSTOMER's account as soon as the first package is shipped. If the CUSTOMER decides to cancel the order for the unavailable PRODUCTS, the reimbursement shall be processed in accordance with the provisions of the last paragraph of Article 5.5 of these Terms and Conditions.
If the bank refuses to honour the credit card or any other payment method, the CUSTOMER must contact the SELLER's Customer Service department to pay for the order by any other valid means of payment. If for whatever reason, be it opposition, refusal, or other, the payment transfer for the money owed by the CUSTOMER cannot be processed, the order shall be cancelled and the sale automatically terminated.
Any contract entered into with the CUSTOMER whose order is equal to or exceeds an amount of 120 Euros including taxes 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 data to ensure that transactions are properly monitored and shall provide a copy of the contract at the CUSTOMER's request. In the event of any dispute, the SELLER shall have the opportunity to prove that its electronic monitoring system is reliable and able to ensure a secure transaction.
The SELLER shall retain ownership of the PRODUCTS delivered to the CUSTOMER until payment is made in full. The foregoing provisions shall not impede the transfer to the CUSTOMER, from the time the PRODUCTS are received by the CUSTOMER or any third party designated by the CUSTOMER other than the carrier, of the risk of loss or damage to the PRODUCTS subject to this reserve of ownership, as well as the risk of damage they may cause.
The terms covering PRODUCT DELIVERY are provided for in the "Delivery Policy" set out in Appendix 2 of these Terms and Conditions and accessible through a hyperlink provided at the bottom of each page of the WEBSITE.
The PRODUCTS shall be packaged in accordance with the current transportation standards so as to ensure the greatest level of protection for PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS, as provided for in Appendix 1 - Withdrawal Policy.
Beyond any commercial warranties that the SELLER may offer for certain PRODUCTS, every CUSTOMER shall benefit from the "legal" warranties for all PRODUCTS, as outlined below.
Article L.217-4 of the French Consumer Code: "The SELLER shall deliver goods in compliance with the contract and is liable for any non-conformities existing upon delivery. The SELLER shall also be liable for any non-conformities resulting from the packaging and any installation or assembly instructions when this is part of the contract or is carried out under the SELLER's responsibility."
Article L.217-5 of the Consumer Code: "To comply with the contract, the goods must:
1/ Be suitable for the purpose usually associated with such a product and, if applicable:
- Match the description given by the SELLER and possess the qualities presented to the CUSTOMER in the form of a sample or model;
- Have the features a CUSTOMER might reasonably expect, given the public statements made by the SELLER, the producer, or its representative, particularly in advertising or in labelling;
2/ Or have the characteristics defined by mutual agreement by the parties or be suitable for any specific purpose which the CUSTOMER made known to the SELLER and the latter has accepted."
The SELLER shall be liable for any non-conformities existing upon delivery of the PRODUCTS. The SELLER shall also be liable for any non-conformities resulting from the packaging and any installation or assembly instructions when this is part of the contract or is carried out under the SELLER's responsibility.
Action resulting from non-conformities lapses two (2) years after delivery of the PRODUCTS (Article L.217-12 of the Consumer Code). In the event of any non-conformities, the CUSTOMER shall have the option of requesting replacement or repair of the PRODUCT. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other available option, considering the value of the PRODUCT or the significance of the non-conformity, the SELLER may proceed to reimburse the CUSTOMER regardless of the option chosen by the CUSTOMER.
In the event that replacement or repair is not possible, the SELLER agrees to reimburse the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and the CUSTOMER, in exchange, shall return the PRODUCT to the following address: Synergia - BP 354-42015 Saint Etienne Cedex 2 - FRANCE.
Finally, the CUSTOMER is under no obligation to supply proof of the existence of non-conformities in the PRODUCT during the twenty-four (24) months following delivery of the PRODUCT. It must be specified that this legal warranty of conformity is applicable irrespective of any commercial warranty that may be granted on the PRODUCTS.
The SELLER is bound to a warranty against latent defects in the PRODUCT sold, which render it unsuitable for its intended use or impair such use to the extent that the CUSTOMER would not have purchased it, or would have purchased it at a lesser price had the CUSTOMER known that the latent defects existed” (Article 1641 of the French Civil Code). This warranty enables the CUSTOMER, who can prove the existence of a latent defect, to either return the item and receive a refund for the purchase price of the PRODUCT, or keep it and receive a reduction in the purchase price.
In the event that neither replacement nor repair is possible, the SELLER shall reimburse the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and, in exchange, the CUSTOMER shall return the PRODUCT to the following address: Synergia - BP 354-42015 Saint Etienne Cedex 2 - FRANCE. Action resulting from latent defects must be brought by the CUSTOMER within two (2) years of discovery of the defect (Paragraph 1 of Article 1648 of the French Civil Code).
The SELLER shall under no circumstances be held liable for failure or improper execution of any contractual obligations attributable to the CUSTOMER, including when placing the order. The SELLER shall not be held liable or deemed to have breached these Terms and Conditions for any delay or non-execution when the cause of the delay or non-execution is due to a Force Majeure as defined by French jurisprudence and the French courts of law. It is also specified that the SELLER has no control over websites that may directly or indirectly be linked to the WEBSITE. Accordingly, the SELLER assumes no responsibility for any information published on said websites. Links to third-party websites are provided for information only and no guarantee is given as to their content.
The SELLER collects personal data regarding its CUSTOMERS via its WEBSITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their internet browser. 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, to send marketing emails, newsletters, promotional offers, and/or information on special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.
CUSTOMER data is stored confidentially by the SELLER in accordance with its declaration to the CNIL (Commission Nationale d'Informatique et des Libertés - French National Commission for Data Protection and Liberties) of 19/06/2014 number 1775619, for the purposes of the contract, its execution, and in compliance with the law. CUSTOMERS may unsubscribe at any time by logging into their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email. Data may be disclosed wholly or in part to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may disclose the names and details of its CUSTOMERS to its business partners, provided said CUSTOMERS have given their prior consent when registering on the website. The SELLER shall specifically ask its CUSTOMERS whether they agree to the disclosure of their personal data. CUSTOMERS may change their mind at any given time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial offers from its partners.
In accordance with French Law No. 78-17 dated 6 January 1978 relating to data files and freedoms, the CUSTOMER has the right to access, modify, oppose (for legitimate reasons) and delete their personal data. They can exercise this right by sending an email to: firstname.lastname@example.org or by sending a letter to Synergia - BP 354-42015 Saint Etienne Cedex 2 - FRANCE. It is clearly stated that CUSTOMERS must provide proof of their identity either by scanning an officially accepted form of identification or by sending the SELLER a photocopy of any such form of identification.
The SELLER provides its CUSTOMERS with a "Customer Care Line" at the following number: +33 (0)4 77 42 30 10 (toll-free number). The CUSTOMER must send any written complaints to the following address: Synergia - BP 354-42015 Saint Etienne Cedex 2 - FRANCE.
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and/or patent laws. These elements are the exclusive property of the SELLER. Any WEBSITE publisher who wishes to create a hyperlink directly to the WEBSITE must request authorization from the SELLER in writing. Any such authorization by the SELLER shall under no circumstances be deemed final and binding. Said link must be removed if so requested by the SELLER. Hypertext links to the WEBSITE that use techniques such as framing or the insertion of hyperlinks (inline linking) are strictly prohibited.
Any changes to the applicable law or regulations or any rulings by a competent court rendering void one or several provisions of these Terms and Conditions shall in no way affect the validity of these Terms and Conditions. Such modifications or rulings shall not, under any circumstances, authorize the CUSTOMER to ignore these Terms and Conditions. Any conditions not specifically addressed herein shall be governed in compliance with the applicable regulations of retail trade for companies headquartered in France.
These Terms and Conditions are applicable to all online purchases made through the WEBSITE, as long as the WEBSITE is available online. The Terms and Conditions are dated precisely and may be modified and updated by the SELLER at any given time. The applicable Terms and Conditions are those in effect on the date on which the order is confirmed. Amendments made to the Terms and Conditions shall not apply to previously purchased PRODUCTS.
THESE TERMS AND CONDITIONS, AS WELL AS THE RELATIONSHIP BETWEEN CUSTOMER AND SELLER, ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION.
Nevertheless, prior to resorting to any arbitration or State judge, the CUSTOMER is asked to contact the SELLER's complaints department.
If no agreement is reached, a voluntary mediation process will be offered, conducted in a spirit of loyalty and good faith in order to reach an amicable agreement in the event of any conflict arising from this contract, including questions related to its validity. This mediation procedure will be initiated:
The party wishing to initiate the mediation process shall inform the concerned party by registered letter with acknowledgement of receipt stating the elements of the conflict. If the parties are unable to reach an agreement within a period of seven (7) days, the dispute may be referred to a conventional or judicial mediator.
SHOULD THE MEDIATION FAIL OR NOT BE CONSIDERED POSSIBLE, THE DISPUTE SHALL BE BROUGHT BEFORE THE COMPETENT COURT REFERRED TO ABOVE.
As a matter of principle, CUSTOMERS are entitled to exercise their right of withdrawal by returning the PRODUCT to the SELLER without undue delay and at the latest within fourteen (14) days of notification of the CUSTOMER's decision to withdraw, unless the SELLER itself has offered to collect the PRODUCT.
The withdrawal period shall expire fourteen (14) calendar days following the day on which the CUSTOMER or a third party other than the carrier and indicated by the CUSTOMER acquires physical possession of the product.
If the CUSTOMER ordered several PRODUCTS in a single order that resulted in several DELIVERIES (or in the event of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days following the day on which the CUSTOMER or a third party other than the carrier and indicated by the CUSTOMER acquires physical possession of the final PRODUCT.
If the CUSTOMER's order covers several PRODUCTS and the PRODUCTS are delivered separately, the withdrawal period shall expire fourteen (14) calendar days following the day on which the CUSTOMER or a third party other than the carrier and indicated by the CUSTOMER acquires physical possession of the final PRODUCT.
To exercise their right of withdrawal, CUSTOMERS must notify their decision to withdraw by means of a clearly worded statement (e.g. letter sent by post, fax or email) sent to: Synergia - BP 354 - 42015 Saint Etienne Cedex 2 - FRANCE or email@example.com.
They may also use the withdrawal form available HERE. To comply with the withdrawal period, CUSTOMERS must send their notification regarding their exercise of the right of withdrawal prior to the expiry of the withdrawal period.
In the case of withdrawal on the part of the CUSTOMER, the SELLER agrees to reimburse the entire amount paid, including delivery costs (excluding any additional costs resulting from the CUSTOMER's choice of type of delivery other than the standard delivery method proposed by the SELLER), without undue delay and, in any case, within fourteen (14) days from the day on which the SELLER has received the returned PRODUCT. The SELLER shall carry out the reimbursement using the same means of payment as the one the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means; under no circumstances shall the CUSTOMER incur any fees as a result of such reimbursement. The SELLER may withhold reimbursement until receipt of the goods or until the CUSTOMER provides proof of shipment of the goods, whichever is the earliest.
The CUSTOMER shall, without undue delay and in any case within fourteen (14) days from the day on which the SELLER was notified of the CUSTOMER's decision to withdraw from this contract, return the goods to: Synergia - BP 354-42015 Saint Etienne Cedex 2 - France. This deadline is considered to have been met if the CUSTOMER returns the goods prior to the expiration of the fourteen-day (14) period.
The CUSTOMER shall be responsible for bearing the direct costs related to the return of goods.
The PRODUCT shall be returned in accordance with the SELLER's instructions and shall include any and all accessories shipped with the PRODUCT. The CUSTOMER shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the PRODUCT. In other words, CUSTOMERS shall have the right test the PRODUCT but they may be held liable for any handling other than what is strictly necessary.
The right of withdrawal is not applicable in the following situations:
The PRODUCTS offered may only be delivered within the TERRITORY. It is impossible to place an order for any delivery address located outside this TERRITORY. The PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the ordering process.
The period of time required to process orders and issue invoices before shipping in-stock PRODUCTS are indicated on the WEBSITE. This period excludes weekends or public holidays. An email notification shall automatically be sent to the CUSTOMER upon shipment of PRODUCTS provided that the email address entered in the registration form is correct.
During the ordering process, the SELLER will inform the CUSTOMER of the delivery time and all available shipping options for the PRODUCTS purchased. Shipping costs are calculated according to the selected method of delivery. These costs are payable by the CUSTOMER in addition to the price of the PRODUCTS purchased. A detailed description of delivery times and costs are indicated on the WEBSITE.
Depending on the delivery option selected, packages will be delivered to CUSTOMERS personally or to their letterbox. In case of absence or if the package is too big to fit into the letterbox, a notice will be left for the CUSTOMERS advising them that they can collect their package at their local post office. Delivery may also be offered by appointment and through a network of pick-up points on presentation of any officially accepted form of identification by the CUSTOMER. Please refer to the delivery procedure applicable to the French SO COLISSIMO service available HERE.
CUSTOMERS are informed of the delivery date when they select the carrier at the end of the online ordering process ad before confirming the order. It is clearly stated that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must notify the SELLER to deliver within a reasonable period of time and, in case of non-delivery within this period, may terminate the contract. The SELLER shall reimburse the CUSTOMER without undue delay, after receipt of the termination letter, the total amount paid for the PRODUCTS, including taxes and shipping costs, using the same method of payment used by the CUSTOMER to purchase the PRODUCTS. The SELLER shall be held liable until the PRODUCT is delivered to the CUSTOMER. It must be noted that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed upon delivery.
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