The present terms and conditions are concluded between:
The ETS CONSO
With company capital of €68,000.00
12 Chemin de Saquier, 06200 Nice, FRANCE
Registered with the Nice RCS under number 958 804 015
Phone : +33 04 93 29 91 48 | Email : firstname.lastname@example.org
Owner and operator of the vending website www.conso-shop.com
Hereinafter referred to as “CONSO Shop”
Any natural or legal person wishing to make a purchase via the www.conso-shop.com website, hereinafter referred to as the “Client ».
Article 1: Purpose
1.1 The present terms and conditions constitute a sales contract between CONSO Shop and the Client, as well as all applicable conditions relating to any purchase made on the CONSO Shop commercial site, whether the Client is a professional or a consumer.
1.2 The acquisition of a good or service from CONSO Shop implies full acceptance by the Client of the present terms and conditions of sale.
1.3 These conditions of sale shall prevail over all other terms and conditions not expressly agreed to by CONSO Shop.
1.4 CONSO Shop reserves the right to amend its terms and conditions without notice. By agreeing to the present terms and conditions, the Client recognizes having full knowledge of their content.
Article 2 : Characteristics of products and services offered
2.1 The products and services offered are those appearing in the catalogue published on the CONSO Shop commercial site.
2.2 These products and services are offered within the limits of available stocks.
2.3 In case of unavailability of product after placing the order, CONSO Shop will inform the Client by email or mail. The order is then canceled and the buyer fully refunded.
2.4 The photographs of the products in the catalog are a faithful image of the products and services offered.
2.5 The products are accompanied by descriptions so that the Client is able to know the essential characteristics of the product. For any additional information, the Client is invited to contact CONSO Shop by phone or email.
Article 3 : Prices
3.1 The prices featured in the catalogue are inclusive of all taxes in euros excluding delivery costs. The price includes VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products or services.
3.2 CONSO Shop reserves the right to adjust its prices at any moment. However, the price featured in the catalogue on the order date shall be honored.
Article 4 : Orders
4.1 The Client, who agrees to purchase a product or service is obligated to:
- complete the identification form on which he shall indicate all information and contact details requested;
- complete the order form online by providing all relevant products or service references;
- validate his order after verification;
- make the payment under the stipulated conditions;
- confirm his order and payment.
4.2 Any placement of an order implies the Client’s acceptance of these terms and conditions, recognition of complete comprehension and a disclaimer with regard to his own conditions of purchase.
4.3 The collected data in their entirety and the stored confirmation constitute proof of the business transaction. The confirmation is worth an electronic signature and implies the acceptance of the transactions. CONSO Shop informs the Client about the order confirmation by e-mail.
Article 5 : Orders by Mail, Phone or Email
5.1 The Client who wants to buy products or services, cannot place his order by mail, phone or email.
Article 6 : Returns
6.1 According to Article L121-20 of the French Consumer Code Law, the private individual consumer is given a cancellation deadline of fourteen days to return his goods to the vendor going into effect from the moment the order was delivered so that a replacement or refund can be executed without penalty, excepting the return fees. The period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.
6.2 The products must be returned in perfect condition using the original, undamaged packaging. If necessary, it must be accompanied by all its accessories. If the previous obligations are not carried out, the Client will lose his right of withdrawal and the product will be returned to him at his expense.
6.3 Return fees are at the expense of the Client. The latter must be able to prove the return of the package by choosing a postal tracking option.
6.4 The refund will be made no later than 14 days after receipt of the withdrawal request.
6.5 Packages must be returned to the following address, along with a copy of the invoice and a letter stating your request:
12 chemin de Saquier
Article 7 : Payment Methods
7.1 The payment is due in full at the time of the order.
7.2 Payments shall be made by one of the following two methods:
- By bank card. Such payments shall be made via the Braintree security system (Braintree is a service of PayPal) using SSL (Secure Sockets Layer) protocol and all information are encrypted so that no third party has access to it.
- By PayPal Accounts. Such payments shall be made via the PayPal security system using SSL (Secure Sockets Layer) protocol and all information are encrypted so that no third party has access to it.
7.3 At the request of the buyer, he will be sent a paper invoice showing VAT.
Article 8 : Deliveries
8.1 Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area.
8.2 In the event of damage incurred during transport, claims must be made to the transport provider or CONSO Shop within a period of three days of delivery.
8.3 However, if the shipping time surpasses a period of eight days from the order date, the sale contract may be cancelled and the Client reimbursed.
Article 9 : Warranty
9.1 The Ets CONSO company guarantees the conformity of the goods to the contract allowing the consumer to make a request under the legal guarantee conformity referred in articles L. 211-4 and following the Code of consumption or the guarantee of defects of the sold product within the meaning of article 1641 of the French Civil Code.
In case of non-compliance of the product sold, it can be returned, in its original state and packaging and, if necessary, with its instructions and accessories, to the vendor who shall refund or exchange the product. The returned product, without its packaging, its accessories, its instructions, modified or damaged cannot be taken back, exchanged or refunded.
9.2 All claims, exchange or refund requests must be sent by postal mail to the following address: Ets CONSO, 12 Chemin de Saquier, 06200 Nice, FRANCE
9.3 CONSO Shop's warranty does not cover the abnormal or improper use of the products.
9.4 When acting as a legal guarantee of conformity, the consumer:
- Benefit a period of 2 years from delivery of the property to act;
- May choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 211-9 of the Consumer Code;
- Is exempted to prove the existence of the lack of conformity of the good during the 6 months following the delivery of the good. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
- The legal warranty of conformity applies irrespective of the commercial guarantee that may be granted. The consumer may decide to implement the guarantee against hidden defects of the product sold within the meaning of Article 1641 of the French Civil Code and in this case, he may choose between the resolution of the sale or a reduction of the selling price in accordance with in article 1644 of the French Civil Code.
Article 10 : Liability
10.1 During the purchasing procedure on the internet, the vendor is not liable for any resulting damage caused by the use of the internet such as loss of data, intrusion, virus, power failure or other unintentional problems.
10.2 CONSO Shop is not to be held responsible for the non-fulfilment of an agreed contract in case of a total or partial strike of the postal services or transporters and natural catastrophes caused by floods and fire.
10.3 Concerning the purchased products, CONSO Shop cannot be held liable in case of unexpected consequential damage due to an ongoing business interruption, loss of profits, damage or consequential costs.
10.4 The choice and purchase of a product or service are the sole responsibility of the Client. There will be no compensation, refund or re-evaluation of the liability of CONSO Shop for total or partial product incompatibility, except in cases of a hidden defect, non-compliance, defectiveness or the exercise of return rights provided under Article 5 of these conditions of sale.
10.5 In the event of non-delivery or partial delivery of an order, the Client has a maximum period of three months, beginning from the date of dispatch from our storerooms, to make a claim. Beyond this period, we shall not accept any claims.
Article 11 : Intellectual Property
11.1 All elements of the site www.conso-shop.com are and remain the intellectual and exclusive property of CONSO Shop.
11.2 No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether they are textual, software, visual or sound. Any link or hypertext link is strictly prohibited without a written consent of CONSO Shop.
Article 12 : Personal Data
12.2 The Client may object to the disclosure of their information by notifying CONSO Shop. Users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
Article 13 : Archival storage
13.1 CONSO Shop will archive the original order forms and invoice receipts on a secure and durable system as a copy in accordance with the Article 1348 of the French Civil Code.
13.2 The information registered by CONSO Shop will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 14 : Dispute resolution
14.1 The present agreement complies with French law.
14.2 The consumer declares that he has previously been informed by CONSO Shop of the possibility of using, in care of dispute, a conventional mediation procedure or any other alternative method of dispute resolution.
14.3 The consumer may submit any dispute against CONSO Shop to a mediator of consumption. Pending his nomination, CONSO Shop refers to the following link: http://www.economie.gouv.fr/mediation-conso
14.4 In case of a dispute, and after attempts have been made to seek an out-of-court settlement, express jurisdictional authority is assigned to the Commercial Court of Paris (75), notwithstanding a plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective summary or on-demand proceedings.
14.5 In case of dispute with professionals or in case of failure of the procedure of mediation of the disputes of consumption, the parts will find their freedom to bring the litigation before the competent courts.