CONDITIONS GÉNÉRALES DE VENTE
Terms and conditions of sale
Preamble
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Vendor's catalogs. The photographs and graphics presented are not contractual and do not engage the responsibility of the Vendor. It is the Customer's responsibility to refer to the description of each Product in order to know its properties and essential particularities.
Product offers are subject to availability.
In accordance with the introductory article of the French Consumer Code: Digital content is defined as any tangible personal property that incorporates or is interconnected with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent the property from fulfilling its functions..
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general sales conditions.
Article 1 - Principles
These general terms and conditions express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation.
To the exclusion of all other conditions, the present general conditions of sale apply, and in particular those applicable to sales in stores or by means of marketing or other distribution channels.
They are available on the https://decomotos.com website and will prevail, where applicable, over any other version or any other contradictory document.
The buyer and the seller agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify its terms and conditions from time to time, which will be applicable as soon as they are posted online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
Article 2 - Contents
Purpose.The purpose of these terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer from the https://decomotos.com website.
Capacity. The use of the site to place an order presumes the and acceptance of all the terms of these general conditions. The Customer declares that he is of legal age and has the capacity to contract under the law of his country or declares that he represents, by virtue of a valid mandate, the person for whom he is placing the order.
Acceptance of terms and conditions.The customer declares that he/she has read and accepted the general terms and conditions prior to any purchase, which implies unreserved acceptance of these general terms and conditions of sale. By accepting, the customer acknowledges that he/she has received sufficient information and advice from the company prior to any order, enabling him/her to ensure that the content of the order is appropriate to his/her needs. The present general terms and conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the website https://decomotos.com
Article 3 - The order
The purchaser may place an order online, using the online catalog and the form provided therein, for any product, while stocks last.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept the present terms and conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
- after the seller has sent the buyer confirmation of acceptance of the order by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, such as non-payment, incorrect address or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
For any question relating to the follow-up of an order, the buyer may send an e-mail to the seller at the following e-mail address: info@decomotos.com
Call the following telephone number: Monday to Friday, 10am to 6pm.
The digitized registers, kept in the company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 4 - Pre-contractual information
Prior to placing an order and entering into a contract, the buyer acknowledges having read and understood these general terms and conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code.
The buyer is provided with the following information in a clear and comprehensible manner:
- the essential characteristics of the property ;
- the price of the goods and/or the method of calculating the price ;
- if applicable, any additional freight, delivery or postage costs and any other charges due;
- in the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the goods, regardless of price;
- information relating to the seller's identity, postal, telephone and electronic contact details and activities, legal warranties, digital content functionalities and, where applicable, interoperability, the existence and implementation of warranties and other contractual conditions.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order shall constitute proof of the buyer's agreement:
- payment of the sums due under the purchase order ;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following e-mail address info@decomotos.com
Or at the following telephone number: .
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by e-mail once payment has been made.
Article 7 - Proof of transaction
Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.
Product photographs are not contractual.
Article 9 - Pricing conditions
The seller reserves the right to modify its prices at any time, but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are given in euros.
The customer purchasing a product sold inclusive of all taxes will see a price taking into account the VAT applicable on the day of purchase of the product. Any change in the applicable VAT rate will be reflected in the price of the products. If the company is exempt from VAT, it can legitimately invoice its products exclusive of tax (HT).
In the event that a customer located in a European Union country is required to pay VAT in order to receive his or her order, the latter must inform the seller before paying the sums claimed by the carrier or the customs authorities, so that the seller can legitimately clear the situation for the customer.
If the customer has nevertheless paid costs associated with customs clearance, such as VAT, customs duties or other processing fees, the customer may request a refund of VAT and customs duties only, on the sole condition that the customer provides admissible proof of payment.
For purchases destined for countries outside the European Union and Andorra, import costs such as VAT or customs duties will be charged to the customer. The seller cannot be held responsible for any additional costs related to customs clearance or other import fees.
Article 10 - Method of payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer has the choice of all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Payment must be made in full on the day the order is placed, in accordance with the following terms and conditions:
- Credit card (Visa, Mastercard, etc.)
- Paypal
Special offers and discount vouchers.The company reserves the right to propose time-limited introductory offers, promotional offers or price reductions on its products, and to revise its offers and prices on the site at any time, under the conditions laid down by law. The applicable prices are those in force at the time of purchase of the product by the customer, who may not take advantage of other prices, prior or subsequent to his purchase. Vouchers may be subject to special conditions and remain strictly personal to their beneficiary, to be used only once.
In the event of a payment incidentand/or fraud. The company reserves the right to suspend all Order processing and deliveries in the event of non-payment or refusal of authorization for payment by credit card by officially accredited organizations. In particular, the company reserves the right to refuse to honour an order from a customer who has not fully or partially settled a previous order, or with whom a payment dispute is in progress.
The company may contact the customer to request additional documents in order to complete payment for the order. The company may rely on information provided by the order analysis system. The provision of the requested documents is necessary for the company to confirm the order. In order to combat credit card fraud, the company may carry out a visual check of the means of payment before delivering the product. In the event of fraudulent use of the customer's credit card, the customer is invited to contact the company as soon as such use is detected, without prejudice to any steps that the customer may have to take with his bank.
Default or delay in payment. The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional customer.
Article 11 - Product availability - Refunds - Resolution
Except in cases of force majeure or when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be as indicated below, subject to availability. Delivery times run from the order registration date indicated on the order confirmation e-mail.
Delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or delivery period, the purchaser shall, before breaking the contract, require the seller to perform within a reasonable additional period.
If no performance has been made by the end of this new period, the purchaser is free to terminate the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.
The contract will be considered terminated on receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The purchaser may, however, cancel the contract immediately if he considers the above dates or deadlines to be an essential condition of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.
Article 12 - Delivery terms
Delivery refers to the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered to the purchaser by the seller's supplier in accordance with the terms and time specified above.
Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must therefore ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and time indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused, because opened or damaged).
The purchaser must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged packages, broken products, etc.) on the delivery slip in the form of handwritten reservations accompanied by his/her signature.
This verification is considered to have been carried out once the purchaser, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receiving the item(s) at the latest, and send a copy of this letter by fax or ordinary mail to the seller at the address given in the site's legal notice.
If products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Products should be returned to the following address:
- Aline BERTAGNE, 219 montée pichou, 13016 Marseille, France
The product will be delivered within a maximum of 20 days.
Products are offered for sale and delivered while stocks last. In the event of unavailability of the product ordered, the customer will be informed immediately by the company, which may offer a product of equivalent quality and price or, failing this, proceed to reimbursement of the order if the Customer is a consumer. Apart from reimbursement of the price of the unavailable product, the company is not liable to pay any compensation for cancellation, unless it is personally responsible for the non-performance of the contract.
Return shipping costs are at the company's expense.
Article 13 - Delivery errors
The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's option :
- by telephone on the following number
- by e-mail to the following address: info@decomotos.com
Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.
Article 14 - Product warranty
14-1 Legal warranty of conformity
The seller guarantees the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the French Consumer Code.
In the event of implementation of the legal warranty of conformity, please note that :
- the buyer has a period of 2 years from delivery of the goods to take action;
- the purchaser may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-17 of the French Consumer Code;
- the buyer does not have to prove the non-conformity of the goods during the 24 months (12 months for used goods) following delivery of the goods.
14-2 Legal warranty against hidden defects
In accordance with articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects in the goods sold. It is up to the buyer to prove that the defects existed at the time of sale and are such as to render the good unfit for its intended use. This warranty must be invoked within two years of discovery of the defect.
The buyer may choose between rescission of the sale or reduction of the price in accordance with article 1644 of the French Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
The buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the customer must notify his right of withdrawal to
by e-mail to the following address info@decomotos.com
The price of the product(s) purchased and delivery costs are refunded.
Return shipping costs are at the buyer's expense.
The exchange (subject to availability) or refund will be made at the latest within 20 days of receipt by the seller of the products returned by the buyer under the conditions set out above.
Exceptions
According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :
- the supply of goods whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalized;
- the supply of goods liable to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
The company is not obliged to reimburse additional costs if the consumer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the professional.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, independent of the parties' will, and which the parties are unable to prevent, despite all reasonable efforts to the contrary. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fire, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to this content.
Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 18 - Data protection
The nominative data provided by the purchaser is necessary for the processing of his/her order and the preparation of invoices.
They may be communicated to the seller's partners responsible for executing, processing, managing and paying for orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the https://decomotos.com website.
Article 19 - Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general terms and conditions of sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of dispute.
Article 23 - Mediation and settlement of disputes
The buyer may have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator's name, contact details and e-mail address are available on our website.
In the event of difficulty in the performance of the Contract, the consumer customer residing in Europe has the possibility, before taking any legal action, of requesting recourse to a consumer mediator.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link:https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
These terms and conditions are governed by Andorran law. The competent courts are the Andorran courts.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller for an amicable solution.
Article 25 - Protection of personal data
Collected data
The personal data collected on this site are as follows:
- account opening : first names, surnames, payment and location details
- connection: when the user connects to the website, the latter records, in particular, first names, surnames, payment data, connection data, usage data and location data
- profile: using the services provided on the website allows you to fill in a profile, which may include an address and telephone number - payment: when paying for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications is stored temporarily;
- cookies :Cookies are used for the use of the site. Users can deactivate cookies using their browser settings.
Use of personal data
Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes:
- access and use of the website by the user ;
- management and optimization of the website ;
- organization of the conditions of use of the Payment Services ;
- verification, identification and authentication of data transmitted by the user ;
- offer the user the possibility of communicating with other users of the website;
- implementation of user assistance ;
- personalize services by displaying ads based on the user's browsing history and preferences;
- prevention and detection of fraud, malware and security incident management ;
- management of any disputes with users ;
- sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, the website works with third-party banking and financial companies with which it has signed contracts in order to implement these services;
- when the user publishes publicly accessible information in the free comment areas of the website;
- when the user authorizes a third-party website to access his/her data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and judicial proceedings;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the Internet.
Implementing user rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: info@decomotos.com
- right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
- the right of deletion: users may request the deletion of their personal data, in accordance with applicable data protection laws.
- the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the RGPD.
- the right to object to data processing: users may object to their data being processed in accordance with the assumptions set out in the RGPD.
- the right to portability: they can request that the website return their personal data to them, so that they can pass it on to a new website.
Evolution of this clause
The website reserves the right to modify this privacy policy at any time. If a modification is made to the present personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she may delete his/her account.