Article 1 - OBJECT
These general terms and conditions (GTC) are intended to describe the terms of sale of the products of the company ETABLISSEMENTS CONSO (hereinafter referred to as " CONSO "), on its website, https://conso-shop.com/ , (hereinafter referred to as the "site") and its customers (hereinafter referred to as "Buyer").
The following products, materials, equipment, accessories, spare parts will be referred to as "Products".
They apply without restrictions or reservations to all sales concluded by CONSO with buyers of the same category.
CONSO may adapt or modify these Terms and Conditions at any time.
By buying our products and services the buyer hereby accepts these GTC without any reservations.
The applicable Conditions are those in effect on the day of purchase by the buyer.
ARTICLE 2 - ORDER
To order a product, the Buyer must create an account on the site and place his order according to the instructions of the website.
The registration of an order on the site of the seller is made when the Buyer accepts these Terms by checking the box provided for this purpose and validate his order.
This validation implies acceptance of the entirety of these GTC and constitutes proof of the sales contract.
The taking into account of the order and the acceptance of it is confirmed by sending an email. The data recorded in the CONSO system constitutes proof of all transactions concluded with the Buyer.
Despite our best efforts, if a product or service becomes unavailable after the validation of your order, CONSO will inform you by email and will refund the price of the product or service initially ordered as well as any amount paid for your order. However, if your order contains other available products or services, these will be delivered to you and the delivery charges will not be refunded.
ARTICLE 3 - PRICES
The applicable prices are those mentioned on the product sheet, they are mentioned in euros and include VAT, excluding shipping costs.
Promotional offers on products are valid as long as they are visible on the site, and within the limits of available stocks.
The price of the product is the one mentioned on the product sheet the day of the purchase, any change of price subsequent to the purchase has no effect on it.
ARTICLE 4 - PAYMENT TERMS
The products on the site are payable on the date of acceptance of the order by CONSO.
The site uses the services of Braintree (a PayPal service) to manage banking transactions.
Accepted means of payment :
• American Express
• Diner's Club
• Union Pay
Payment via a Paypal account of the buyer is also possible.
The payment form is directly visible from the order form on the site, using SSL (Secure Socket Layer) for maximum security.
ARTICLE 5 - DELIVERY AND RIGHT OF WITHDRAWAL
5.1 Delivery : The delivery timeframe of the products ordered by the buyer on the site is of a maximum of 90 days, from the date of receipt of the email confirming the order by the Buyer.
In accordance with Article L 216-2 of the French Consumer Code “Code de la Consommation”, once the maximum delivery period of 90 days has expired, the Buyer may request the termination of the contract, by formulating his request by registered letter with acknowledgment of receipt.
In case of contract resolutions, CONSO will reimburse the Buyer, at the latest 14 days after the date of the cancellation of the sales contract.
The responsibility of CONSO cannot in any case be engaged in case of delay or suspension of the delivery attributable to the Buyer or in case of force majeure.
The Buyer is obliged to check the apparent condition of the products upon delivery. In the absence of reservations expressly issued by the Buyer upon delivery, the products delivered by CONSO will be deemed to conform in quantity and quality to the order.
CONSO replace as soon as possible and at his expense, the products which delivered the lack of conformity has been duly proved by the Buyer within 14 days of receipt.
5.2 Right of withdrawal : In accordance with article L221-18 of the French Consumer Code “Code de Consommation“, the Buyer has a right of retraction during 14 working days, from the following day either :
• From the conclusion of the sales contract
• Delivery of the products
The Buyer to exercise his right of withdrawal must send to CONSO the withdrawal form available in the section "My Account > Order history and details". He needs to check mark the products he wants to return and click the "Return a product" button.
Alternatively, the buyer must send to CONSO the form of withdrawal using the template below or by any other declaration, without ambiguity, expressing the will of the Buyer to retract.
5.2.1 Cancellation form
To the attention of ETABLISSEMENT CONSO
12 CHEMIN DE SAQUIER, 06200 NICE
Mail : firstname.lastname@example.org
Phone : +33493299148
I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of the Buyer :
Address of the Buyer :
Signature of the Buyer (only in case of notification of this form on paper)
(*) Delete the useless mention.
5.2.3 The exercise of the right of retraction entails the cancellation of the contract and consequently the terms of reimbursement provided for in article 5.1 of these Terms and Conditions.
The Buyer must return the property to CONSO, 14 days at the latest, after notification of its decision to exercise its right of withdrawal.
The cost of returning the product has to be supported by the Buyer.
5.3 The conditions provided for in 5.1 and 5.2 are subject to the Buyer not making any manipulation other than those necessary to establish the nature of the product and / or has not made an abnormal use of the thing sold, in accordance with Article L 221-23 of the Consumer Code “Code de la Consommation”.
ARTICLE 6 - TRANSFER OF RISKS AND PROPERTY
6.1 The transfer to the Buyer of the risk of loss and deterioration of the products will be realized upon delivery and receipt of the said products, regardless of the transfer of ownership, regardless of the date of the order and payment thereof.
6.2 The transfer of ownership of the products, for the benefit of the Buyer, will only be realized after full payment of the price by the latter, regardless of the delivery date of said products.
ARTICLE 7 - GUARANTEE
7.1 Products sold by CONSO benefit :
• Of the legal guarantee of conformity, in accordance with article L217-4 and following of the Code of the Consumption “Code de la Consommation”,
• The legal guarantee against hidden defects,
• From the manufacturer's warranty.
The buyer is invited to read the list of manufacturers of products sold in the store or on the site, as well as their guarantees.
The guarantee form an indivisible whole with product sold by CONSO.
The product cannot be sold or resold altered, changed or modified.
7.2 Warranty exclusions : Any guarantee is excluded in case of misuse, negligence or lack of maintenance on the part of the Buyer, as in case of normal wear of the Product or force majeure.
ARTICLE 8 - FORCE MAJEURE
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations as described herein arises from a case of force majeure within the meaning of Article 1218. of the Civil Code.
The Party observing the event shall without delay inform the other party of its inability to perform its service and justify it to it. The suspension of the obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties of delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary.
ARTICLE 9 - INTELLECTUAL PROPERTY
CONSO remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc. , Made (even at the request of the Buyer) for the supply of product s to the Buyer.
The Buyer is therefore prohibited any reproduction or exploitation of those photographs, presentations, studies, drawings, models and prototypes, etc. , without the express written consent of CONSO, which may condition it for a financial consideration.
ARTICLE 10 - APPLICABLE LAW AND LANGUAGES OF THE CONTRACT
By express agreement between the parties, these GTC and the resulting purchase and sale transactions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 11 - DISPUTES
Any dispute relating to the execution of an order and / or the interpretation of these terms and conditions is subject to French law.
In the event of any dispute relating to the interpretation or execution of the agreements agreed between the Buyer and CONSO, an amicable solution will be sought before any legal recourse.
All disputes to which the present contract and the resulting agreements could give rise, concerning their validity, their interpretation, their execution, their resolution, their consequences and their consequences will be submitted to the Commercial Court of Nice.