GENERAL CONDITIONS OF SALE
Updated on : 14/06/2021
The present General Sales Conditions (hereinafter the "General Sales Conditions" or "GSC") exclusively govern the sales of the Products marketed on the Web Site http://puissante.co/ (hereinafter the "Product" or "Products") and the relations between PUISSANTE, SARL with a capital of 1000 €, domiciled 23 rue Pierre de Coubertin 56000 Vannes, registered at the RCS of Vannes under the number 890 816 903 (hereinafter the "PUISSANTE" or "the Company"), represented by Mrs. Marie COMACLE, and any Customer of the Web Site http://puissante.co/.
The Customer is invited to read these Terms and Conditions of Sale carefully before placing an Order. By placing an Order on the http://puissante.co/ Web site, the Customer expresses his or her unreserved agreement to be bound by these Terms and Conditions of Sale.
ARTICLE 1 - DEFINITIONS
Words whose first letter is capitalized shall have the meaning assigned to them in this section, whether in the singular or plural:
GTC: refers to the present General Terms and Conditions of Sale in their version in force on the PUISSANTE Web Site;
Customer Account: means the personal user account assigned to the Customer on http://puissante.co/.
Contract: refers to the contract between the Customer and the company PUISSANTE, that puts the Web Site on line and that has for object the sale of Products and that is constituted by the General Terms and Conditions and the Sales Order.
Order: refers to any order placed by the Customer, materialized by the confirmation sent by email to the Customer at the end of the ordering process.
Customer: means any natural person over the age of 18, acting as an individual, with full legal capacity and acting in connection with an Order placed by him/her for his/her own needs, for the needs of a minor, or as a legal guardian.
Personal Data or Data: refers to any data that can directly or indirectly identify a natural person, such as name, first name, email, postal address, telephone.
Data Protection Officer or DPO: refers to the person in charge of advising and controlling the Data Controller in matters of protection of Personal Data within or on behalf of PUISSANTE, who can be contacted at: email@example.com
PUISSANTE: PUISSANTE, a limited liability company with a share capital of € 1,000.00, whose registered office is located at 23 Rue Pierre De Coubertin, 56000 VANNES, registered in the Vannes Trade and Companies Register under the number 890 816 903 represented by Marie COMACLE acting and having the necessary powers as manager
Product: refers to any product offered for sale on http://puissante.co/, including press publications, books and derivative products.
Web site: refers to the site accessible at the URL http://puissante.co/ and edited by the company PUISSANTE.
ARTICLE 2 - PURPOSE
PUISSANTE proposes the sale of Products to the Customer, records the Sales Order and executes it in conformity with the Contract. Any Order placed on the Web Site implies the full and unreserved acceptance of the GTC by the Customer. The Contract governs the entire relationship between the Customer and the company PUISSANTE. The Contract prevails over all other commercial documents such as brochures, catalogs etc.
The navigation on the Web Site and the subscription to a contract governed by the present general conditions with PUISSANTE entail the full acceptance by the Customer of the entirety of the general conditions, who recognizes to have taken full knowledge of them.
The GTC, like the Contract, cannot be modified without the prior, express and written agreement of the company PUISSANTE.
The Website does not allow the purchase of Products for resale.
ARTICLE 3 - CUSTOMER
3.1. The use of the Website is reserved to the only Clients of legal age, having the legal capacity, or in the absence of it, the authorization of a legally authorized tutor or curator or of their legal representative if they are minors. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (e.g. legal entity). Registration is strictly personal to each Client.
When registering the Customer's personal data during an Order or in the "my account" section, the Customer must make sure that the compulsory data he/she provides is accurate. In the event of an error in the recipient's address, PUISSANTE shall not be held responsible for the impossibility of delivering the Product. PUISSANTE reserves the right to cancel any Sales Order in the event that the client's IP address is located in a country other than that of the invoicing and/or delivery address.
3.2. Any contrary condition set by the Customer will be, in the absence of a written and express acceptance, inopposable to the seller, whatever the moment when it could have been brought to his knowledge. The fact that PUISSANTE does not take advantage, at a given moment, of any of the present GTC cannot be interpreted as a renunciation to take advantage of any of the said conditions later.
ARTICLE 4 - PRODUCTS AND PRICES
4.1. Only the Products listed on the Web Site on the day and at the time of the Order by the Customer are offered for sale, subject to availability.
The Product offered for sale is the item precisely exposed in the description of the Product, excluding any decoration visible on the sales page and used as a suggestion of presentation. PUISSANTE makes its best efforts to present the characteristics of the Products. The essential characteristics and the description of each Product can be consulted on the Product sheet, at the bottom of the screen, in the corresponding tabs. The Products are in conformity with the French laws in force.
4.2. The prices of the Products are indicated in Euros, all taxes included, except for processing and shipping costs. These prices are communicated in Euros.
In case of an Order to a country other than France, the Customer is considered as the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be invoiced exclusive of tax. Customs duties or other local taxes or import duties or state taxes may be payable. The information as for these rights and their payment are not the responsibility of PUISSANTE, the Customer taking the whole responsibility to inform himself and to take any measure to be in conformity with his local law.
All Orders, whatever their origin, are payable in Euros.
PUISSANTE reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in force at the time the Sales Order is recorded, subject to availability.
ARTICLE 5 - ORDERS
5.1. Any Order may be placed by creating and logging into a Customer Account, via the form accessible when the Customer places his or her first Order (https://puissante.co/commander/).
When making an Order, the client is asked to provide all the information necessary to process the Sales Order and to manage client relations, such as name, address and e-mail address.
The COMPANY shall not be held responsible for fulfilling any Sales Order placed by the Customer, nor for answering any other request made by the Customer, if the latter refuses to communicate such information, as this information is indispensable for the management of the relationship between the COMPANY and the Customer, and notably for the registration and the execution of the Sales Order.
The Data collected for the purpose of placing the Order shall be processed in accordance with the regulations in force relating to the protection of Personal Data and Article 11 of this Agreement ("Data Confidentiality").
5.2. Customer account :
The Customer must fill in the following mandatory information in order to create a Customer Account:
Mailing and billing address;
The Customer shall define a sufficiently secure personal password which he shall ensure is kept confidential. It is the Customer's responsibility not to communicate his login and password
Once the Customer Account is created, the Customer has a secure connection when visiting the Website. The Customer Account remains active for a period of 7 years after the last Order. It can then be deactivated and the Customer will have to create a new Customer Account before being able to proceed with new Orders, or to proceed by Instant Order.
5.4. Validation of the Order :
The Customer will have the possibility, without obligation, to "Subscribe to the newsletter" or to "Receive special offers from our partners" by checking the corresponding box at the bottom of the form.
The Customer may then choose the method of payment. Once these terms and conditions have been specified, and only if the Customer accepts the GTC, the Order can be placed. The Customer then clicks on "Order" at the bottom right of the page.
Before finally confirming the Order, the Customer shall have the opportunity to check the details of the Order and its total price, and to correct any errors, before confirming the Order to express his/her acceptance. Any Order confirmed by the Customer shall be deemed to constitute a contract of sale and acceptance of all the terms and conditions set forth herein.
The Customer's commitment is materialized by a click validating the Order and in particular the quantity and description of the selected Products. The validation of the Order can only be carried out when the Customer has accepted the GTC. The payment formalizes in a firm and definitive way the Sales Contract binding the Customer to PUISSANTE.
PUISSANTE will send, as soon as possible and at the latest within 48 hours, a confirmation e-mail to the Customer indicating the date and the number of the Order as well as the details of the Products ordered on the Web Site.
5.5. In case of difficulties in ordering on the Web Site, the Customer can contact the Customer Service of PUISSANTE at 0786548306, from Monday to Friday between 10am and 12pm. The cost of the telephone call is free.
PUISSANTE archives the contracts for the sale of Products in accordance with the applicable legislation. By sending a request to the following address firstname.lastname@example.org, PUISSANTE will provide the Customer with a copy of the contract that is the subject of the request.
The archiving of communications, order forms and invoices is ensured by PUISSANTE on a reliable and durable support so as to constitute a faithful and durable copy. These communications, order forms and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by PUISSANTE on the Internet or by telephone constitute the proof of all transactions between PUISSANTE and its Customers.
5.6 PUISSANTE reserves the right to refuse any Order that is abnormal in nature or any Order from a Customer with whom there is a dispute concerning the payment of a previous Order.
In case of breach by the Customer of any of the provisions of these GTC, PUISSANTE reserves the right to terminate without notice the Customer's account.
ARTICLE 6 - PAYMENT
6.1. The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.
The payment of the Customer's purchases is made through the secure payment service provided by bank card of the Visa, Eurocard/Mastercard network, of which the Customer certifies that he/she is the holder, the name(s) and surname(s) appearing thereon having to be his/her own.
When making a payment, the Customer enters the sixteen digits and the expiry date shown on the front of the bank card and, if applicable, the visual cryptogram number shown on the back.
Payments by credit card are made via the online payment platform PayPlug (https://www.payplug.com/fr/). The validation of the Order implies the full acceptance, without reserve, of the corresponding general conditions.
These payment methods are secured by their publishers and managers, who are recognized services.
6.2. The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited for the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card. The impossibility of debiting the amounts due will result in the immediate nullity of the sale.
By communicating his banking information, the Customer authorizes PUISSANTE to immediately debit his credit card for the amount indicated.
PUISSANTE implements a S.S.L. (Secure Socket Layer) encryption system in order to protect as efficiently as possible all the Data linked to the means of payment. At no time, the customer's banking Data are transmitted on the computer system of PUISSANTE. Nevertheless, the latter may check the reliability of the information entered when placing an Order.
If PUISSANTE does everything possible to secure the transaction as efficiently as possible, it cannot guarantee total security, especially in view of the progress of technology.
In order to fight against fraud and to protect its Customers, PUISSANTE has set up a payment with 3D SECURE under certain conditions.
6.3. If a Product is out of stock, the amount corresponding to the Product concerned will be automatically deducted from the Customer's bank account.
PUISSANTE may cancel, by right and without notice, the Order in case of non-payment, fraudulent payment, fraud or attempted fraud.
6.4. Invoices shall be dated the day the Products are ordered by the Customer. The Company shall issue an electronic invoice to the Customer, which can be downloaded and printed.
ARTICLE 7 - DELIVERY
7.1. Delivery means the transfer to Customer of physical possession or control of the Product.
Orders placed in Metropolitan France are shipped within 7 business days, except for pre-orders, which are shipped in advance in order to be received for the date of release of the Product in store, subject to availability of Products.
Orders are sent by the following means:
By colissimo without signature : Tracked shipment in 2-3 working days after processing the order (without signature)
By colissimo with signature : Shipment in 10 working days after processing the order
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.
PUISSANTE undertakes, in accordance with the delivery deadline indicated on the Web Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the Order.
Special orders are subject to an appointment with a carrier. Late delivery penalties are excluded in this case.
PUISSANTE commits itself to provide the best efforts so that the delivery of the Products is fast.
7.2. However, delivery times may be modified in the event of unforeseen events. In case of unusual delay, an information e-mail will be sent to the Customer.
Thus, in the event that the delivery time exceeds thirty (30) days, the Customer may cancel the Order by registered letter with acknowledgement of receipt or via the e-mail address email@example.com.
In this case, PUISSANTE will confirm the cancellation and refund the price paid for the Order within 14 (fourteen) days.
7.3. Before opening the packaging of the delivered Product, the Customer must make sure that the Products received correspond to his Order and that they are delivered in good condition. Any reservation upon delivery of a Product must be reported to PUISSANTE.
In case of damaged package (already opened, missing product(s)...), the Customer commits himself to notify the carrier and PUISSANTE, by all means, all reserves within 3 days following the reception of the product. PUISSANTE cannot be held responsible for any damages related to the delivery of the package.
7.4. Transfer of risk Delivery means the transfer to the Customer of physical possession or control of the Product.
The risk of loss or damage to the Product is transferred to the Customer at the time the Customer, or a third party designated by the Customer, takes physical possession of the Product, regardless of the method of shipment, and even though the price of the Product may be set at carriage paid.
Please note that the Product, which is delivered to the Customer by a carrier chosen by the Customer, travels at the Customer's risk from the moment the Product is handed over to the carrier.
ARTICLE 8 - RETURN AND EXCHANGE
8.1. Right of withdrawal: In compliance with the HAMON law, the withdrawal period is 14 days and runs from the delivery of the Product.
The Customer has a period of 14 (fourteen) days to return the purchased Product provided that they have not been unpacked, opened or used in any way, given their nature. The returns are to be made in their original condition and complete (packaging, etc..) allowing their remarketing in new condition.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to fill in the standard withdrawal form by clicking on the link below https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397
If necessary, the Customer may exercise his right of withdrawal by notifying the following information to PUISSANTE :
name, geographic address, telephone number and e-mail address;
decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form).
8.2. The return costs are at the charge of the Customer. To exercise his right of withdrawal, the Customer must contact PUISSANTE by e-mail at firstname.lastname@example.org and provide the requested documents to proceed with the return.
If the returned Product was not in its original condition and in an undamaged and unopened original packaging, PUISSANTE reserves the right to apply a discount on the refund according to the following rules: if the original packaging is deteriorated, the Product will be refunded at 50% of its value, 30% if the Product is slightly deteriorated, 0% if not remarketable. Thus, Products that are incomplete, damaged, deteriorated, soiled or unfit for sale will not be refunded.
8.3. Returns Products must be returned complete, in their original packaging, by registered mail with return receipt to the following address
23 rue Pierre de Coubertin
PUISSANTE will reimburse the returned Products at the invoiced price, as soon as possible and at the latest within 14 (fourteen) days following the date on which the Customer has exercised his right of retraction - starting from the reception of the returned Products.
Returns are to be made in one package.
ARTICLE 9 - LIABILITY AND FORCE MAJEURE
9.1. Responsibility: The Products offered are in accordance with the French legislation in force. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services that you plan to order. The photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the responsibility of PUISSANTE could not be committed in the event of error in one of these photographs or one of these texts.
The Customer acknowledges that the characteristics and constraints of the Internet do not allow to guarantee the security, the availability and the integrity of data transmissions on the Internet. Thus, PUISSANTE does not guarantee that the Web Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
PUISSANTE shall not be held responsible for the non-execution of the contract concluded in case of stock shortage or unavailability of the Product, of force majeure, of disturbance or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding, fire.
PUISSANTE will not be held responsible for any indirect damage due to the non-respect of the present General Conditions, loss of exploitation, loss of profit, loss of chance, damage or expenses. PUISSANTE cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, PUISSANTE cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the event that the responsibility of PUISSANTE would be sought because of such a behavior of one of its Customers, the latter commits himself to guarantee PUISSANTE against any condemnation pronounced against him as well as to reimburse PUISSANTE for all the expenses, in particular the lawyers' fees, incurred for his defense.
Hypertext links may lead to other sites. PUISSANTE is in no way responsible for the contents of third party sites which would contravene the legal and regulatory provisions in force.
9.2 Legal warranty: Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty for hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.
When you act within the framework of the legal guarantee of conformity:
you have a period of two (2) years from the delivery of the goods to act:
you can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
you are exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).
You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
9.3. Force Majeure : PUISSANTE cannot be held responsible for the non-execution of one of its obligations in the hypothesis that an event of force majeure, as defined by the law and the jurisprudence, would intervene.
In the event of the occurrence of an event of force majeure, this Contract shall be automatically suspended and extended for the duration of the occurrence of the event making it impossible for PUISSANTE to perform any of its obligations.
ARTICLE 10 - INTELLECTUAL PROPERTY
PUISSANTE grants to the Customer a simple temporary license of use strictly limited to the acts necessary to consult the Web Site for the purpose of information or placing an Order and this, excluding any other use.
All texts, comments, works, illustrations and images reproduced on the Website are reserved under copyright law and intellectual property law for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only the use for private use subject to different and even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorization is obtained from PUISSANTE. Any total or partial reproduction of the PUISSANTE catalog is strictly forbidden.
ARTICLE 11 - PERSONAL DATA
11.1. Processing of Personal Data:
In order to place your Orders on our Website you must create a Customer Account. On this occasion you must provide us with personal information.
When creating the Customer Account, as well as when browsing this Website, PUISSANTE collects and processes certain Personal Data in strict compliance with the requirements of the CNIL, the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms and the General Data Protection Regulation (RGPD EU 2016/679), adapted into French law by the law n° 2018-493 of June 20, 2018.
11.2 Cookies :
Data is also recorded via cookies in order to optimize navigation on the Website and measure the audience. We invite you to read the information and settings concerning cookies on our page dedicated to cookies.
ARTICLE 12 - AMENDMENTS TO THE GCV
The GTC are subject to change. In case of modification of the GTC by PUISSANTE, the contractual relations between PUISSANTE and the Customer will be exclusively governed by the GTC transmitted or communicated to the Customer or accepted by him at the date of the Order.
In the same way, PUISSANTE undertakes to inform the Customers of the modification of the GTC, by Email or on the occasion of a new visit of the Web Site.
ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1. The present General Conditions constitute a contract governing the relationship between the Customer and PUISSANTE. They constitute the entirety of the rights and obligations of PUISSANTE in relation to their object. If one or several stipulations of the present General Conditions are declared null and void in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
13.2 Prior claim
In the event of a dispute, the Customer must first contact the customer service department of PUISSANTE by the means detailed below in the article CUSTOMER SERVICE.
13.3. Request for mediation for Clients
In case of failure of the complaint to the Customer service or in the absence of a response from this service within a period of two (2) months, the Customer may submit the dispute relating to the present GTC opposing him to a mediator who will try, in all independence and impartiality, to bring the parties together in order to reach an amicable solution.
In order to present his request for mediation, the Customer has a claim form accessible on the site of the mediator appointed by PUISSANTE, namely CNPM MÉDIATION CONSOMMATION :
CNPM MÉDIATION CONSOMMATION SAS
27, avenue de la Libération
Telephone: +33 (0)9 88 30 27 72
The Parties remain free to accept or refuse the recourse to mediation and, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator.
ARTICLE 14 - CUSTOMER SERVICE
For any information or question, our customer service is at your disposal:
23 rue Pierre de Coubertin
Email : email@example.com
Telephone: 0786548306 from Monday to Friday between 10am and 12pm (price of a local call).
This site is edited by PUISSANTE, SARL with a capital of 1000 €, domiciled 23 rue Pierre de Coubertin 56000 Vannes, registered at the RCS of Vannes under the number 890 816 903.
Editor in charge: Marie COMACLE
This site is hosted by OVH SAS with a capital of 10 069 020 €.
RCS Lille Métropole 424 761 419 00045
Code APE 2620Z
VAT NUMBER : FR 22 424 761 419
Head office : 2 rue Kellermann - 59100 Roubaix - France
APPENDIX: Applicable legislative provisions :
Article L217-4 of the Consumer Code:
"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L217-5 of the Consumer Code
"The property conforms to the contract:
1° Whether it is fit for the purpose usually expected of similar goods and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has 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 if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-7 of the Consumer Code
Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good."
Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the date of the buyer's request for service or from the time the item is made available for repair, if this is after the request for service."
Article L221-5 of the Consumer Code
"Prior to the conclusion of a sales or service contract, the trader shall communicate to the consumer, in a legible and comprehensible manner, the following information:
1° The information provided for in Articles L. 111-1 and L. 111-2 ;
2° When the right of withdrawal exists, the conditions, the time limit and the modalities for exercising this right as well as the standard withdrawal form, the conditions of presentation and the information it contains are fixed by decree in the Council of State;
3° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, in the case of distance contracts, the cost of returning the goods when, because of their nature, they cannot normally be returned by post;
4° Information on the consumer's obligation to pay costs when he exercises his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; these costs are calculated in accordance with the procedures laid down in Article L. 221-25 ;
5° Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information to the effect that the consumer does not benefit from this right or, where appropriate, the circumstances in which the consumer loses his right of withdrawal;
6° Information relating to the contact details of the professional, where applicable to the costs of using the distance communication technique, the existence of codes of good conduct, where applicable to sureties and guarantees, the terms of termination, the methods of settling disputes and other contractual conditions, the list and content of which are laid down by decree in the Council of State.
In the case of a public auction as defined by the first paragraph of Article L. 321-3 of the Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of Article L. 111-1 may be replaced by those of the agent."
Article L221-18 of the Consumer Code
"The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph shall run from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;
2. On receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part.
For contracts providing for regular delivery of goods over a defined period of time, the period shall run from receipt of the first good."
Article L221-24 of the Consumer Code
"Where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including the cost of delivery, without undue delay and no later than fourteen days from the day on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may postpone the refund until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier.
The trader shall make the refund using the same means of payment as the one used by the consumer for the original transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer.
The trader shall not be obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method of delivery offered by the trader."
Article L5131-1 of the Consumer Code
"Cosmetic product means any substance or mixture intended to be placed in contact with the various superficial parts of the human body, in particular the epidermis, hair and capillary systems, nails, lips and external genitalia, or with the teeth and oral mucous membranes, with a view, exclusively or mainly, to cleaning, perfuming, modifying the appearance of, protecting, maintaining in good condition or correcting body odors."
Article R 631-3 of the Consumer Code
"The consumer may bring an action either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where he or she lived at the time the contract was concluded or the harmful event occurred.
Article 1641 of the Civil Code
"The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them."
Article 1648 al 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Article 133-3 of the Commercial Code
"The receipt of the goods shall extinguish any action against the carrier for damage or partial loss if the consignee has not notified the carrier, by extrajudicial act or by registered letter, of his reasoned protest within three days, not including public holidays, following the day of such receipt.
If, within the above-mentioned time limit, a request for an expert opinion is made pursuant to Article L. 133-4, such request shall be deemed to constitute a protest without it being necessary to proceed as provided in the first paragraph.
Any stipulation to the contrary is null and void. This last provision is not applicable to international transport.
Article 441-6 of the Commercial Code
"Any failure to comply with the provisions of articles L. 441-3 to L. 441-5 is punishable by an administrative fine, the amount of which may not exceed €75,000 for a natural person and €375,000 for a legal person."
The maximum fine incurred is increased to €150,000 for a natural person and €750,000 for a legal person in the event of a repeat violation within two years of the date on which the first penalty decision became final."
Article 441-10 of the Commercial Code
"I.-Unless otherwise provided for in the conditions of sale or agreed between the parties, the time limit for payment of the sums due may not exceed thirty days after the date of receipt of the goods or performance of the service requested.
The period agreed between the parties for payment of the amounts due may not exceed sixty days after the date of issue of the invoice.
By way of derogation, a maximum period of forty-five days from the end of the month following the date of issue of the invoice may be agreed between the parties, provided that this period is expressly stipulated by contract and does not constitute an obvious abuse of the creditor.
In the case of a periodic invoice within the meaning of Article 289(3)(I) of the General Tax Code, the period agreed between the parties may not exceed forty-five days after the date of issue of the invoice.
II.-The terms of payment mentioned in I of Article L. 441-1 shall specify the conditions of application and the interest rate of the late payment penalties payable on the day following the date of payment appearing on the invoice, as well as the amount of the fixed indemnity for collection costs due to the creditor in the event that the sums due are paid after this date. Unless otherwise provided, which may not however set a rate lower than three times the legal interest rate, this rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. In this case, the rate applicable during the first half of the year concerned is the rate in force on January 1 of the year in question. For the second half of the year in question, the rate in force on July 1 of the year in question shall apply. Late payment penalties are payable without the need for a reminder. Any professional in a situation of late payment is automatically liable to the creditor for a fixed indemnity for collection costs, the amount of which is fixed by decree. When the collection costs incurred are higher than the amount of this fixed indemnity, the creditor may request additional compensation, upon justification. However, the creditor cannot claim the benefit of these indemnities when the opening of a safeguard, recovery or judicial liquidation procedure prohibits the payment of the debt due to him at its due date.
III.Subject to specific provisions more favourable to the creditor, where an acceptance or verification procedure is provided for in order to certify the conformity of the goods or services to the contract, the duration of this procedure shall be fixed in accordance with good commercial practice and, in any event, shall not exceed thirty days from the date of receipt of the goods or performance of the services, unless otherwise expressly stipulated by contract and provided that this does not constitute an unfair term or practice within the meaning of the penultimate paragraph of Article L. 441-16 or Article L. 442-1. 441-16 or Article L. 442-1. The duration of the acceptance or verification procedure may not have the effect of either increasing the duration or shifting the starting point of the maximum payment period provided for in the second, third and fourth paragraphs of I, unless expressly stipulated otherwise by contract and provided that this does not constitute an unfair term or practice within the meaning of the penultimate paragraph of Article L. 441-16 or of Article L. 442-1."