ARTICLE 1 – PURPOSE
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the consumer.
ARTICLE 2 – PRODUCTS
The products offered are those which appear on the site of the company SCEA GUY BONNAUD, within the limit of available stocks. The company SCEA GUY BONNAUD reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description of its main technical characteristics. The photographs are as accurate as possible but do not commit the Seller. The sale of the products presented on the website is intended for all buyers resident in countries that fully authorise the entry of these products into their territory.
ARTICLE 3 – PRICES
The prices are net (VAT 20%), indicated in euros and are only valid on the date the order form is sent by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The payment of the totality of the price must be made at the time of the order. At no time may the sums paid be considered as a deposit or advance payment. The prices displayed on the website are only valid for products purchased online on the website.
ARTICLE 4 – PAYMENT METHOD
Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he/she wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer. Then, the buyer chooses the payment method of his choice: “Payment by Paypal” or “Credit Card”. The next step is to check all the information, and then to validate the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the PAYPAL secure interface in order to safely enter their Paypal account or personal credit card details. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited back or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract linking him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the cardholder’s written objection. The holder shall not be charged any costs for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof and waiver of the right to invoke one’s own terms and conditions of purchase. All the data provided and the recorded confirmation shall be considered proof of the transaction. If the buyer has an e-mail address and if he/she has given it on his/her order form, the company SCEA GUY BONNAUD, which manages the site, will send him/her an e-mail confirming the registration of his/her order.
ARTICLE 5 – AVAILABILITY OF PRODUCTS
The order will be executed at the latest within a maximum of 5 days from the day following that on which the consumer has paid for the order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility to cancel his order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product. An “available” product means that it is available from our supplier. A product said to be “in stock” means that we have it in stock.
ARTICLE 6 – DELIVERY METHOD
The products are delivered to your address indicated on the order form (or another address of your choice to be specified at the time of the order) by the Post Office or private carrier.
Delivery times: The parcel is sent after reception and validation of your payment. Delivery is then made within 2 to 5 days in Europe (for items in stock).
Shipping costs: The shipping costs appear on the summary of your order; they are calculated according to the total amount of your order, including protective packaging. We take care of part of the delivery cost. For DOM/TOM and distant countries, the rates are indicative, they can be modified if the cost is higher than expected, in this case, we always contact the customer.
Delivery problems due to the carrier: Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by your customer signature. In parallel, you must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days following the date of delivery setting out the said complaints. You must send us a copy of this letter by contacting us via the Contact Us tab with the subject “Delivery problems”.
As with any shipment, there may be a delay in delivery or the product may go astray. In the event of a delay in delivery in relation to the date we indicated in the shipping email, we ask you to notify us of this delay by calling us by phone or by sending us an email. We will then contact the carrier to start an investigation. An investigation for a delivery in France can last up to 21 days from the date of the start of the investigation. For overseas and international deliveries, it can take up to 40 and 90 days respectively. If the product is found during this period, it will be sent back to your home immediately (in most cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the Post Office considers the parcel to be lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered is (are) no longer available at that time, we will reimburse you for the amount of the products concerned by the loss of the carrier. We cannot be held responsible for any extension of delivery times due to the carrier, particularly in the event of loss of products or strikes. Furthermore, if a parcel is marked “delivered” on the tracking system and the customer has not received the parcel, he/she will have to turn to the carrier.
ARTICLE 7 – RETRACTION
In accordance with article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or reimbursement without penalty, with the exception of the return costs.
The items must be returned in their original condition, so that you can benefit from the right of withdrawal. Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return will be at your expense. In case of exercise of the right of withdrawal, will make every effort to reimburse the consumer within 1 month. The consumer will then be reimbursed by crediting his bank account in the case of payment by credit card, or by cheque in other cases. Shipping costs incurred for the first delivery are not refunded. For purchases for which shipping costs were offered, 10% will be deducted from the amount to be reimbursed (minimum 10€).
Returned goods: If you do not pick up your parcel or if you refuse delivery of the parcel, the return of the parcel is charged to our company. In case of cancellation of an order and for purchases for which the shipping costs were offered, we will deduct the same amount of 10% from your refund (10€ minimum). For those who have paid the shipping costs, we will deduct the exact amount charged by the Post Office. These conditions are also applicable in the case of a return to the sender following an error in addressing when the order was entered.
ARTICLE 8 – PRODUCT GUARANTEE
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions of this document cannot deprive the consumer of the legal guarantee which obliges the professional vendor to guarantee against all the consequences of hidden defects in the item sold. The consumer is expressly informed that the producer of the products presented on the website is not the seller, in the sense of the law n°98-389 of May 19, 1998 and relative to the responsibility for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the producer of the latter may be held liable by the consumer, on the basis of the information given on the packaging of the said product. The conditions and duration of the producer’s guarantee are indicated on the product sheets.
ARTICLE 9 – SETTLEMENT OF DISPUTES
The present conditions of distance selling are subject to French law. For all disputes or litigation, the competent court will be the Commercial Court of Angoulême (16).