PRELIMINARY ARTICLE - CONTACT DETAILS
INTERMER is a simplified joint stock company with capital of €185,895.00, having its registered office at St Martin de Crau (13310), ZI du bois de Leuze, Rue Denis Papin, and registered in the Tarascon Trade and Companies Register under number 334 871 621. Its intra-community VAT number is FR37334871621 (hereinafter the "Company").
Publication Director: Jérémy TEDGUY
Customer service contact: by telephone on +33 (0)4 90 47 01 10 or via the contact form
Data concerning the host: Scaleway SAS (registration number 43311590400057), located at 8 Rue de la Ville l'Evêque, 75008, Paris.
ARTICLE 1 - SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter "GTCS") apply to any order placed remotely by a natural person with legal capacity and acting personally as a consumer with INTERMER, either directly on the INTERMER website accessible at the following address "www.accastillage-diffusion.com" (hereinafter the "Website").
These GCS do not apply to professional customers. The general terms and conditions of sale applicable to professional customers are provided in the contractual documentation and are available on request.
Any order placed on the website implies full and unreserved acceptance of the GTCS by clicking on the tick box associated with the GTCS, which can be consulted directly before confirming the order.
However, to ensure a better pre-sales and after-sales service, when you buy online, the ACCASTILLAGE DIFFUSION franchise network shop of your choice will be your first point of contact for any advice, product information or complaints. This shop will be the point of contact for any requests or complaints.
ARTICLE 2 - PRODUCT CHARACTERISTICS
The characteristics of the products offered are shown in the electronic catalogue. The information in this catalogue has been compiled in good faith using the instructions and documentation supplied by the Company's suppliers and faithfully reproduces the products offered for sale. Any minor variations in the representation of the products do not engage our responsibility and do not affect the validity of the sale. The photos and texts of the items shown are not contractual. We reserve the right to change items to improve quality or performance. Please contact the ACCASTILLAGE DIFFUSION shop of your choice for further information about the products and advice on their use.
ARTICLE 3 - ORDERING PROCESS
The order process takes place in the following stages:
How to order: By clicking on the "Confirm your order" icon at the end of the order process, the order is firmly accepted, as are the associated delivery charges.
Acknowledgement of receipt: For all orders placed online, the Company will send you an acknowledgement of receipt by e-mail. This acknowledgement of receipt includes an order identification number, identification of the goods ordered, the price inclusive of all taxes, including the price of the products and the amount inclusive of all taxes for delivery costs. This acknowledgement means that the order is being processed by the Company.
Changes to the terms of the order: If a product is unavailable after the order has been placed, the Company will inform the customer by e-mail of the new delivery date. However, the customer may make a request to the Company's customer service department to cancel the order. In the event of cancellation of the order at the Customer's initiative, the Company undertakes to refund the Customer within thirty (30) days of confirmation that the Company has taken the Customer's decision into account. In the event that a product is unavailable, the Company reserves the right to split the order placed and to deliver the products ordered that are available. However, this splitting will not result in any additional delivery costs.
Tracking your order: We invite you to follow the progress of your order live on our website in the "your account" tab. You will need to enter your login and password for each consultation.
Print the items in your order: We recommend that you store a copy of your order, the General Terms and Conditions of Sale, the acknowledgement of receipt, the message modifying the terms of the order, as well as any other message that we may exchange or that you may exchange with your ACCASTILLAGE DIFFUSION shop.
Right to refuse an order: The Company reserves the right not to accept an order or not to validate your order and/or to suspend the execution of your order for any legitimate reason, in particular if:
- your order does not comply with the GTCS;
- the quantities of products ordered would not correspond to normal use by a customer acting as a consumer; and
- one of your previous orders has not been paid for in full by the due date;
- Your order contains a pricing error.
ARTICLE 4 - DELIVERY AND COLLECTION CONDITIONS
4.1 Delivery. We endeavour to organise our business in such a way as to meet the delivery dates announced. In the event that the delivery date is exceeded by more than seven (7) days from the date initially announced, it is possible to request cancellation of the said order by contacting the Company's customer service department via its website, except in cases of force majeure. The following are expressly not considered to be cases of force majeure: war, riot, fire, total or partial strike by the Company or the supplier of the products ordered, blockage of means of transport or supply, particularly postal services, a failure of the Internet or telecommunications network. Delivery means handing over the products at the address indicated when the order was placed.
4.2 Withdrawal. It is the customer's responsibility to take delivery of the products sent to them or to collect them from the address and within the period indicated by the carrier. If the products are not withdrawn within the allotted time, the Company will automatically terminate the sale and retain the products to satisfy any other customer orders. It will then be possible to request reimbursement of the sums paid by registered letter with acknowledgement of receipt. The reimbursement will be for the amount of the price paid after deduction of all costs resulting from the failure to collect the products, and in particular all costs of sending and returning the products and the costs of managing the file. In the absence of a request for reimbursement within thirty (30) days following the end of the period during which the customer was required to collect the products, the Company shall be entitled to definitively retain the sums paid.
ARTICLE 5 - RIGHT OF WITHDRAWAL
In the case of a distance contract, the customer has the right to withdraw from the contract without penalty and without giving any reason. The withdrawal period is fourteen (14) working days from the date of receipt of the products. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. This right of withdrawal cannot be exercised in the following cases:
> the supply of goods made to the customer's specifications or clearly personalised or which, by their nature, cannot be returned or are likely to deteriorate or expire quickly, cut products such as rope, bungee cords, nets, electronic cables and chains cannot be returned or exchanged;
> the supply of products containing computer software or electronic maps containing a geographical area determined by the customer;
If the right of withdrawal is exercised, the Company undertakes to refund all sums paid. The refund is due, by any means of payment, within fourteen (14) days of receipt of the request by the customer, or failing that, on receipt of the said product. However, the cost of returning the goods shall be borne by the customer.
The right of withdrawal can only be exercised if the products are returned to us:
- in their original packaging,
- in perfect working order and presentation,
- without having been used or installed.
The costs and responsibility for returning the products shall be borne by the customer. It is the customer's responsibility to select the most appropriate means of transport and to pack the product with the greatest care, taking into account its fragility. A product that does not comply with the above return conditions or that is damaged, in particular during transport, will not be reimbursed.
Refusal to collect the products from the carrier cannot be justified by the exercise of this right of withdrawal.
ARTICLE 6 - PRICES
Products ordered online are invoiced by the manager of the ACCASTILLAGE DIFFUSION site or by one of the shops in the ACASTILLAGE DIFFUSION network that the Internet user has chosen, on the basis of the online price list in force at the time of your order. Prices are in euros, inclusive of VAT and exclusive of delivery charges. The prices indicated are subject to errors or technical incidents, in which case the customer will be notified as soon as possible.
The Company reserves the right to cancel an order in the event of an obvious error in the price or a technical error displaying a derisory price or a price that contravenes article L. 442-2 of the French Commercial Code prohibiting sales at a loss.
The Company reserves the right to modify its prices at any time, but undertakes to apply the prices in force when the order is registered, subject to the availability of the products on that date.
ARTICLE 7 - PAYMENT
Terms of payment: Payments must be made in Euros. Payment for the order is made at the time the order is placed by credit card, gift card or online payment tool such as Paypal.
The card is debited when the order is validated.
Payments are secured by the SSL (Secure Socket Layer) data exchange encryption protocol and use the Hipay or Sogenactif payment platform.
Reservation of ownership: IN ACCORDANCE WITH ARTICLE 2367 OF THE CIVIL CODE, THE COMPANY RESERVES THE OWNERSHIP OF THE GOODS DELIVERED UNTIL FULL PAYMENT OF THEIR PRICE HAS BEEN RECEIVED BY THE COMPANY. ANY CLAUSE TO THE CONTRARY SHALL BE DEEMED TO BE UNWRITTEN. Partial payments will be applied in priority to the oldest sales. The Company shall be entitled to exercise its ownership rights in any of the Products in the possession of the Client. As these products are conventionally presumed to be unpaid, the Company may take them back or claim them as compensation for all its unpaid invoices, without any formality, at the Client expense and risk.
ARTICLE 8 - CONDITIONS FOR RETURNING GOODS
For any complaint, the customer must contact the chosen ACCASTILLAGE DIFFUSION shop whose contact details appear on the Acknowledgement of Receipt of the order or on the invoice or, where applicable, directly to the Company.
Examination of products on receipt and reservations: the customer must check the conformity of the products as soon as they are received.
If the products do not conform to the order or have any anomaly, it is necessary to indicate this precisely on the delivery note in the form of reservations.
These reservations and any other complaints about the conformity or condition of the goods must be sent within 48 hours to the carrier and to your ACCASTILLAGE DIFFUSION shop. If, at the time of delivery, the original packaging is damaged, torn or open, it is necessary to check the condition of the items. If they have been damaged, you must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
In all other cases, products considered to be non-conforming, damaged or suffering from an apparent defect must be kept. The procedure to be followed will be indicated by e-mail, including the method of return. Compliance with these deadlines and provisions is a condition for your reservations to be taken into account and for the order to be cancelled.
In the event of a proven lack of conformity, an apparent defect in the product or damage to the product, the Company will send a new product as soon as possible. It will be necessary to request a transport coupon for the Company to cover the cost of returning and shipping the replacement product. Under no circumstances should the product be returned to us outside this procedure. In the event that identical replacement of the product is not possible, the Company will offer a similar product or the cancellation of the sale for the product concerned only and reimbursement of its price.
ARTICLE 9 - LEGAL GUARANTEES
Some of the products offered for sale benefit from a specific manufacturer's contractual guarantee. This guarantee is sometimes set out in the guarantee descriptions in the Company's catalogue and is always included in the product packaging. The ACCASTILLAGE DIFFUSION shop chosen by the customer is also able to provide any information on the contractual guarantee that may apply to the product of your choice.
It is understood that this contractual guarantee is offered by the manufacturer of the product. The Company will not assume any liability in the event of the manufacturer's failure to perform this contractual guarantee.
To make use of this guarantee, the customer is invited to drop off the products at the chosen ACCASTILLAGE DIFFUSION shop or any other shop in the ACCASTILLAGE DIFFUSION network. If this remote guarantee is triggered remotely, the cost of shipping and returning the products will be borne by the customer.
Independently of this contractual guarantee, the Company remains liable for defects in conformity of the goods with the contract and for redeemable defects under the conditions set out in articles 1641 to 1649 of the French Civil Code.
The following articles of the Consumer Code apply:
Article L211-4 of the French Consumer Code
The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility.
Article L211-5 of the French Consumer Code
To conform to the contract, the goods must:
1° Be fit for the use ordinarily expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or model
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the French Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Note: Order 2005-136 2005-02-17 art. 5: The provisions of this Order shall apply to contracts concluded after its entry into force.
Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the Customer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
10.1 Personal information
The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act (“Loi Informatique et Libertés”), the processing of personal data relating to customers has been declared to the French Data Protection Authority (“Commission Nationale de l'Informatique et des Libertés – CNIL”).
The customer has the right to access, modify, rectify and delete data concerning him/her (articles 34 et seq. of the law of 6 January 1978). The customer may exercise this right directly on the ACCASTILLAGE DIFFUSION website under the heading "Your account", or by post to the website manager ACCASTILLAGE DIFFUSION ZI du bois de Leuze, 4 Rue Denis Papin, 13310 Saint Martin de Crau. In addition, the Company undertakes not to communicate your details to third parties other than the member shops of the ACCASTILLAGE DIFFUSION network and its subcontractors, without your consent.
The data recorded by the manager of the site ACCASTILLAGE DIFFUSION the company (including the nature and date of orders placed) and e-mails exchanged as recorded and stored by it, are authentic between the parties and constitute proof of all transactions by the manager of the site ACCASTILLAGE DIFFUSION the company with customers of the site ACCASTILLAGE DIFFUSION. The Company may carry out checks on the operations carried out on the site. In this respect, the Company may request additional information or documents to support the information provided (e.g. proof of address).
10.2 Processing of personal data
As part of its contractual or pre-contractual relations, the Company processes the following personal data: (i) Surname, first name; (ii) Address, telephone, fax, e-mail; (iii) Information required to process orders (payment details, order history, etc.); (iv) Choice of commercial prospecting. The Company is the data controller.
The purpose of the processing of personal data carried out by the Company is: (i) to manage and follow up orders and requests for quotes, to follow up deliveries and invoicing, to follow up customer relations, to fight against fraud involving payment methods, to deal with any complaints, to send information on similar products and/or services and to send commercial prospecting messages in accordance with the legal provisions in force.
This data is collected on the basis of the customer's consent in accordance with Article 6.1 a) of Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR). This data is intended for use by the Company and its group companies, franchisees, service providers and subcontractors in charge of monitoring the commercial relationship, processing orders and payments and sending commercial information about the Company's products.
The data collected is stored on servers located in France for a maximum of 5 years following the end of the commercial relationship, except where there is a legal archiving obligation. No data is transferred outside the European Union
In accordance with the provisions of Regulation (EU) 2016/679 RGPD, the customer has a right of access to your data, a right of rectification or erasure, a right to limit its processing, a right to withdraw consent at any time, a right of portability and a right to object to the collection of your data.
Customers may exercise their rights by contacting the Company at the following address: ZI du bois de Leuze, Rue Denis Papin 13310 St Martin de Crau - or by email. Customers also have the right to lodge a complaint with the French Data Protection Authority ("Commission Nationale Informatique et Libertés" or "CNIL") via its website www.cnil.fr or by post at 3 place de Fontenoy, 75334 Paris Cedex 07.
ARTICLE 11 - APPLICABLE LAW AND DISPUTE RESOLUTION
11.1 The parties agree that sales are subject to FRENCH LAW.
11.2 In the event of a dispute or claim, the customer is advised to contact the Customer Service department of the ACCASTILLAGE DIFFUSION shop chosen or the Company in order to seek and find an amicable solution.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company has joined the CNPM Consumer Mediation Service, whose contact details are as follows: CNPM MEDIATION CONSOMMATION 27 Avenue de la Libération, 42400 Saint Chamond, France - https://www.cnpm-mediation-consommation.eu/. After consumers have made prior written representations to the Company, the Mediation Service may be contacted for any consumer dispute that has not been settled. To find out how to contact the Mediation officer, click here.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French Courts.