Conditions Générales de Vente de produits en ligne entre professionnels
Preamble
These general terms and conditions of sale apply to all sales concluded on the https://affairegroup.com/fr/ website
The https://affairegroup.com/fr/ website is a service of:
- the company XH AFFAIRE
- located 2 boulevard d'Athènes 13001 Marseille
- website address: https://affairegroup.com/fr/
- e-mail address: contact@affairegroup.com
- phone: +33491641000
The https://affairegroup.com/fr/ website sells the following products: Luminous item, Christmas item, Toy, Eyewear and Bazaar.
The customer declares to have read and accepted the terms and conditions of sale prior to placing his/her order.
Validating the order therefore implies acceptance of the terms and conditions of sale.
Article 1 - Principles
These terms and conditions express the entirety of the parties' obligations. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.
Seller and Buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the distance selling sector whose companies are headquartered in France.
These general terms and conditions of sale are communicated to any buyer who so requests, in order to enable him/her to place an order.
These terms and conditions apply until December 31, 2030.
Article 2 - Contents
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 and products offered by the seller to the buyer.
These conditions only apply to purchases made on this website and delivered exclusively in mainland France, Corsica and Europe. For deliveries to French overseas departments and territories, please inform us in order to obtain a specific quotation.
Article 3 - The order
The buyer places his order online, from the online catalog and using the form that appears on the site.
For the order to be validated, the buyer must accept, by clicking where indicated on the site, the present terms and conditions. Acceptance will result in a confirmation e-mail from the seller, in accordance with the conditions described below.
The buyer will have to choose the delivery address and method. Payment is by direct debit or bank transfer.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
In the event of unavailability of an ordered product, the buyer will be informed by e-mail or telephone.
The cancellation of the order of this product and its possible refund or a change will then be carried out, the remainder of the order remaining firm and definitive.
For any questions relating to the tracking of an order, the buyer can:
- call the following number: +33491641000/ +33695547462 (cost of a local call), on the following days and times: Monday - Saturday from 9am to 6pm ,
- send an e-mail to the following address: contat@affairegroup.com
Article 4 - Electronic signature
The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement. This will enable the seller to obtain the payability of the sums due under the purchase order, and will constitute signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the purchaser is invited, as soon as such use is noted, to contact the seller by calling the following number: +33491641000, or by sending an e-mail to the following address: contact@affairegroup.com.
Article 5 - Order Confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer on the order form.
Article 6 - Proof of Transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 7 - Product Information
The products governed by these terms and conditions are those that appear on the seller's website and are indicated as sold and shipped 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 8 - Prices
Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are given in euros. They do not include delivery charges and VAT, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically passed on to the price of the products in the online store.
Payment of the full price must be made at the time of ordering. At no time may sums paid be considered as deposits or advance payments.
If one or more taxes or contributions, notably environmental, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
Discount
Any order may give rise to the payment of a deposit, the terms of which will be fixed at the time of sale. Except in cases of force majeure, any cancellation of the order by the purchaser after 7 days will not give rise to reimbursement of this anticipated deposit.
Article 9 - Method of payment
Rules
This is an order with payment obligation, which means that placing the order implies payment by the buyer. Payment is made by direct debit from the buyer's bank account, or by bank transfer at the time the order is placed. The buyer must enter his/her bank details in the space provided and confirm this entry. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by officially accredited bodies 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. The seller has set up an order verification procedure designed to ensure that no-one uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then be validated only after the seller has received and verified the documents sent.
The price is payable in full and in one instalment on receipt of the order. The payment date will be mentioned on the invoice sent to the buyer.
Payment delay
Any delay in payment will result in the immediate payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller may be entitled to take, in this respect, against the buyer.
Article 10 - Availability of products
Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the order registration date indicated on the order confirmation email.
For delivery in France (mainland and Corsica), the delivery time is
delivery by Colissimo/Chronopost/DPD/UPS within 48 working hours in France and 4 to 5 working days in Europe from the day after the buyer places the order.
For all deliveries to French overseas departments and territories by carrier, batteries may be retained, and for Colissimo/Chronopost/DPD/UPS shipments, batteries will be removed. A 0.05 compensation will be deducted from products including batteries.
In the event of delay, the seller cannot be held liable for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever may be made by the buyer.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid or a product exchange within 7 days at the latest of their payment.
Article 11 - Terms of delivery
Delivery is only made after confirmation of payment by the seller's bank.
It is supplied within the period specified in article 10, from receipt by the seller of the purchase order.
Any delay of more than 7 days may result in termination of the sale. Deposits or payments made at the time of order will be returned to the buyer. Payment made at the time of order will then be returned to the buyer.
In the event of non-compliance with the above payment terms, the seller may suspend or cancel the sale.
Products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, have an invoice 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 buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the letterbox, which will allow the parcel to be collected at the location and during the period 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 package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...)..).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and forward a copy of this letter by e-mail or simple post to the seller at the address indicated in the site's legal notices.
If products need to be returned to the seller, they must be the subject of a return request to the seller within 7 working days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 12 - Delivery Errors
The buyer shall file with the seller on the day of delivery, or no later than the first business day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality compared 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 contacting the seller at the following telephone number:+33491641000
- by using the following e-mail address: contact@affairegroup.com
Any claim not made in accordance with the rules defined above and within the specified time limits cannot be taken into account and will release the seller from any liability towards the buyer.
On receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail or telephone to the buyer. The exchange of a product can only take place after the exchange number has been allocated.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: XH AFFAIRE 2 boulevard d'Athènes 13001 Marseille .
Return costs are at the seller's expense.
Article 13 - Product Warranty
The seller warrants the buyer against any lack of conformity of the services and any latent defect, arising from a defect in design or supply of said services to the exclusion of any negligence or fault of the buyer.
All costs related to product malfunctions are apportioned
In any event, in the event that the seller's liability is upheld, the seller's warranty will be limited to the amount excluding VAT paid by the buyer for the purchase of the goods.
All costs related to product malfunctions are shared equitably ebetween buyer et the vendor :
Return at buyer's expense, return at seller's expense.
Article 14 - Right of withdrawal
As the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for in the consumer code.
Article 15 - Force majeure
Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, shall be considered causes of exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by the parties, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, 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 force majeure event lasts longer than three months, the present terms and conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other clauses will retain all their force and scope.
Article 17 - 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 terms and conditions shall not be construed for the future as a waiver of the obligation in question.
Article 18 - Applicable Law
These terms and conditions are subject to the application of French law.
The parties agree to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.
If they fail to do so, the parties will submit the dispute to the Commercial Court.
Article 19- Collection of personal data
Data collected:
The personal data that is collected on this site is as follows:
Account opening: when the user's account is created, his
Connection: when the user connects to the website, it records, in particular, their first and last name, connection data, usage data, location data and payment data.
Profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and telephone number.
Payment: as part of the payment process for products and services offered on the website, the latter 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 temporarily stored.
Cookies: cookies are used, as part of the use of the site. Users can deactivate cookies via their browser settings.
Use of personal data
Personal data collected from users is intended to provide the website services, improve thema maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of website operation and optimization;
- organization of Payment Services terms of use;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying ads based on the user's browsing history, according to their preferences
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, based on user 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, for the implementation of these services, the website is in relation with third-party banking and financial companies with which it has contracted;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- 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 user data, as part of the performance of these services, and have a contractual obligation to use it in compliance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may effect the transmission of data to give effect to claims made 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 procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Security and privacy
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
In application of the regulations applicable to personal data, users have the following rights, which they may exercise at the following address contact@affairegroup.com:
- they can update or delete their data by logging into their account and configuring the account settings;
- they can delete their account, by writing to the following e-mail address contact@affairegroup.com . Note that information shared with other users, such as forum postings, may remain publicly visible on the website, even after their account has been deleted;
- they can exercise their right of access, to find out about the personal data concerning them, by writing to the following e-mail address:
contact@affairegroup.com . In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the website is inaccurate, they may request that the information be updated, by writing to the following e-mail address: contact@affairegroup.com;
-users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@affairegroup.com.
Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change 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, they have the option of deleting their account.