This document, called "General Terms and Conditions of Use and Sale", includes all legal information relating to the commercial activity of the website http://www.sochic-sodesign.fr/, and constitutes the contractual basis commercial relations between you and the latter. This information is accessible at any time on the aforementioned site and is deemed up to date.
We present this mandatory information in a spirit of transparency and clarity; so we strongly recommend that you read them carefully, at any time during your browsing and of course before validating your ads and orders via the mandatory checkbox.
In general, the Service Provider certifies its good faith and its willingness to implement all due diligence resulting from it, because of the drafting and putting on line of the present CGVU, as well as all the professional provisions implemented to ensure the smooth running of contractual and commercial relations.
Legal Notice
The website http://www.sochic-sodesign.fr/ is the property and is published by the French company So Chic So Design.
. Capital: € 3,000.00
. Registration in the Trade and Companies Register (RCS) under the number: 814 947 594.
. Intra-Community VAT number: FR 86 814947594.
The activity of the company is registered under the code APE 7022Z.
The processing of personal data is registered with the French Data Protection Authority (CNIL) under number 1792085 v 0, under the responsibility of the aforementioned company.
The coordinates of So Chic So Design are as follows:
. Address: 5 George Sand street 34920 Le Crés
. Telephone: +33 6 12 35 21 17
. Email: contact@sochic-sodesign.fr
. Hours: from Monday to Thursday from 9 am to 7 pm and on Friday from 9 am to 6pm.
The website is also hosted by the company OVH (capital of € 1000) whose contact details are as follows:
Address: 2 Kellermann street - 59100 Roubaix - France.
Tel: + 33 9 72 10 11 12 (Price of a local call to a landline in France)
Contacts: http://www.ovh.com/en/support/
PART 1. GENERAL CONDITIONS OF USE
Article 1. Definitions
. The Website: the website accessible at the address http://www.sochic-sodesign.fr/.
. General Conditions: this document as a whole ("the General Conditions", or "the GTC", also known as the General Conditions of Sale and Use "-the" GTCU ").
. Terms of Use: the first part of this contract, common to all users of the Site, governing all uses of the site by any user, in any country.
. General Conditions of Sale: the second part of this contract, governing entirely and exclusively the deposits of advertisements, as well as the purchase / sale starting from the Site.
. Provider: The company So Chic So Design, unique representative of the Site.
. Customer: any natural or legal person with the capacity to act and making the purchase on the Site.
. Seller: Refers to any User, private or professional, who offers one or more articles for sale on the Website.
. Buyer: refers to any User, professional or otherwise, who buys one or more Articles on the Website;
. User: refers to anybody visiting the Website for any reason (Buyer, Seller, professional or otherwise, individual acting on their own behalf or on behalf of a legal entity, internet user not registered on the Website, etc.);
. Parties: together designate the Provider and the Customer and/ or the User and/or the Customer/ User and / or the Buyer and/or the Advertiser, having validated these General Conditions.
. Services: all the services offered by the Service Provider on the Site.
. Products: all products offered by the Service Provider on the Site.
. Cart: refers to the summary of the Products and/or Services selected by the User/Buyer.
. Announcement: refers to the online insert reserved by the Advertiser and authorized by the Provider, to describe the Product offered for sale.
Article 2. Purpose and Acceptance of the terms and conditions
These Terms and Conditions are intended to determine all applicable provisions:
Any use of the Site by any person, from any computer terminal (among other computers, tablets, smartphones), and from any country. The GCs determine in which conditions Users may browse the Site and assign the mutual rights and obligations to the following topics - the processing of personal data, intellectual property, computer security, moderation and technical support.
It is also recalled that consultation of the Site is free, and that any additional costs incurred by the Customer and / or the User due to navigation, and attributable to other providers, cannot be in any way reproached to the Provider or supported by the latter.
. Any purchase of the Product or Service offered on the Website and made through it, from any computer terminal (including computers, tablets, smartphones), and from any country totally and exclusively, with the exception of the mandatory provisions of the law in force.
. Any advertisement for the sale of second-hand furniture (s), and any consultation of these ads in order to buy the property (s) in question.
. In general, to the system of connection and commission organized by the Provider, including all the services rendered necessary for this purpose.
Article 3. Acceptance and application of the General Conditions
3.1 Conditions of application
. It is recalled and admitted without reservation that the application of these General Terms and Conditions of use and sale is subject to several cumulative conditions: the full legal capacity of which the liability cannot be borne by the Service Provider with regard to the other party; the lawfulness of the commercial activity of the Service Provider and the initiative of the other party (consultation, purchase, deposit of advertisements); the lawfulness of the objective cause for each of the Parties; and finally, the free and informed consent of the Parties.
3.2 Time of acceptance and duration
. The User admits that his browsing on the Site automatically implies the unconditional acceptance of these Terms and Conditions, which means that his consent is deemed strictly respected upon his entry on the homepage of the Site or on the Website or on the first one he visits (if an internet search led him to another page of the Site than the home page).
. The Client admits that in addition to the aforementioned acceptance, he expresses his consent to the purchase and payment of his validated order, once ticked the mandatory box provided for this purpose, after reading the present general terms and Conditions of use and sale systematically exposed before the second click validating the order (for more details, even article 15).
. Advertisers also admit to be subject to these GTC once ticked the box provided for this purpose before validating their Ad for uploading.
. The offers presented on the Site have an unlimited validity, with the exception of those which, having a limited duration, will be mentioned as such with the precise duration assigned to them by the Service Provider.
. In general, these stipulations govern the activity of the Site throughout its existence, as well as the contractual relationship as a whole, from the entry on the Site to the receipt of its order in accordance with its expectations by the final Customer. .
3.3 Indivisibility
. The present General terms and Conditions of use and sale has an indivisible character and their acceptance is valid for the whole, expressed only once. However, it is accepted that only Customers actually making at least one online purchase, sale and / or posting are covered by the so-called "GTC" section governing the sale in the strict sense. Any User is therefore, by the simple fact of its navigation, subject to the application of all other parts of these General terms and Conditions of use and sale
. Users, Customers and Advertisers can not in any case voluntarily waive the application of one or more clause (s) of these General terms and Conditions of use and sale
. The possible voluntary renunciation by the Service Provider, and for any reason whatsoever (especially to propose special offers), does not constitute a waiver by him of all the present General terms and Conditions of use and sale.
. Also, it is accepted between the Parties that in the context of a possible judicial procedure, the recognition of the invalidity of one or more clause (s) of these General Conditions would only be valid for the one (s) concerned by that procedure. -
3.4 Special conditions
The Service Provider reserves the exclusive right to offer special conditions at any time and without any need to justify them, provided that they are necessary for a legitimate commercial or legal purpose. These special conditions will be then presented to the Customer for acceptance and will govern the new contractual relationship, thus substituting for the present General terms and Conditions of use and sale, only in clauses explicitly designated as such.
Article 4. Information security, suspensions and force majeure
4.1. IT security
. The Service Provider undertakes to provide and maintain the Site as a whole under optimal computer security conditions under normal conditions of use.
. It follows that the latter cannot be in any way responsible for any form of computer attack by any User (including and not limited to a download of virus, worm, trojan, spyware - "spyware", a lack of anti-phishing protection, firewalls etc.) may have a direct or indirect link with its navigation on the Site.
. It also results in the total lack of liability of the Service Provider for the security of banking transactions, guaranteed by its contractual relationship with the bank Crédit Agricole (for more information, see Articles 14 and 17).
. The access to the Site and/or the maintenance on the Site, in a fraudulent way and likely to hinder in any way that the operation of this one, as well as the introduction of data and / or the modification of data contained in the latter, constitute offenses punishable by criminal law.
. Also, the establishment of any hypertext links to the Site, from any site of digital networks and any terminal, is subject to the express prior consent of the Provider, who reserves the right to suspend and/or terminate an authorization at any time and without any need to justify it, if the latter considers that the said link is likely to prejudice his legitimate interests.
Failure to comply with this requirement may result in civil and/or criminal liability of the perpetrator of these facts. In addition, the liability of the Service Provider is strictly excluded in the case of any technical problem and/or security breach resulting from such a hypertext link affixed with or without the latter's express consent.
4.2. Service suspensions and force majeure
. Any interruption of the Site and consequently any suspension of the Services offered on the Site, attributable to a case of force majeure, can not engage the responsibility of the Provider. Thus, any breach of its contractual obligations by the Contractor because of a third party, the vagaries of technology, and in general any unforeseeable circumstances, irresistible and beyond the control of the parties, can not engage its responsibility.
. It is admitted between the parties to these Terms and Conditions are intended to determine all applicable provisions that are included in these cases of force majeure from which result damage, and without this list is exclusive: natural disasters, fires, floods, lightning, electrical surges, strikes, power supply shutdowns, telecommunications network failures, civil or foreign wars, riots or popular movements, attacks, regulatory restrictions related to the provision of telecommunication services, loss of connection due to operators public and private on which the Provider depends.
. In such cases, the contractual obligations of the Service Provider are suspended, without penalty, for the duration of their existence. If this period exceeds three months, each party is entitled to request the termination of the contractual relationship, informing the other party by registered letter (RA).
. As soon as the circumstances allow, the parties undertake to expressly notify the existence of a case of force majeure as well as the temporary suspension of the contractual obligations, within a period of ten (10) calendar days. The period of suspension of the said three-month obligations begins to run on the date of receipt of this notification.
Article 5. Technical Service
.The Provider sets up a basic technical support accessible by email on contact@sochic-sodesign.fr or by phone at +33 9.72.31.44.00, from Monday to Thursday from 9 am to 7 pm and on Friday from 9 am to 8pm, and is committed to respond to any request within two (2) working days.
. Requests concerning the technical aspects may include, in particular and not limited to: basic navigation difficulties, order placing / validation, posting of announcements, accuracy of the basic configuration.
. The Service Provider reserves the exclusive right to include or not the requests, on a case-by-case basis, in the field of his personal intervention, and to propose, or even to impose, an additional deadline to respond usefully to the Customer's request, ie. the answer requires further research, or it requires the intervention of an external provider.
. In such a case of intervention by an external service provider, the latter bears full responsibility for its intervention towards the Client, the Service Provider then serving only as an intermediary.
Article 6. Intellectual Property
The brand
. This article recalls the exclusive ownership of the "So Chic So Design" brand granted to So Chic So Design, representing at the same time the brand and online store covered by this protection.
. This protection grants a monopoly of exploitation of its mark to the company So Chic So Design. The non-respect of these rights is likely to lead to prosecution, in particular for infringement, according to the procedures in force and in accordance with articles L 713-1 and following of the Intellectual Property Code.
. As a result, any reproduction, use, apposition and imitation, in whole or in part, in any form and by whatever process, of the elements constituting this mark (texts, name, drawing, image, logo, slogan, and any other potentially representative element) is prohibited without prior and express agreement on the part of the Service Provider.
The Website
. The Website has been realized in all its technical aspects by the company "BRL Technologies", and is accessible on the following link http://www.sochic-sodesign.fr/.
. The Site is the complete property of the publishing company So Chic So Design, in all its elements (including, but not limited to, texts, logos and photos, videos, codes, numbers).
. It is unreservedly accepted that any reproduction, representation, distribution, sale, transmission, making available to third parties of the Site, in whole or in part, by any means and on any medium whatsoever, without the express prior agreement of the Provider, is prohibited, and therefore likely to lead to prosecution according to the procedures in force.
The domain name
. The following domain name is protected by registration and commercial exploitation: http://www.sochic-sodesign.fr/
. The commercial exploitation, by any unauthorized third party, of the name (s) and distinctive sign (s) of the said mark, the domain name, the sales area and, in general, the commercial sign mentioned above (s), prejudicing the Service Provider by creating any form of confusion in the minds of the public, is likely to lead to prosecution for unfair competition and / or economic parasitism according to the procedures in force.
Article 7. Use of the Site and moderation
.
The Service Provider ensures the Users implement the means necessary for optimal navigation at the technical level but also active monitoring of the content on the Site.
. The Service Provider thereby undertakes to moderate the content of the Site in an active manner and with regard to all positive law and standard practices of the web and the market.
. The ads are also governed by an internal charter grouping criteria for the selection of ads, available in Article 11 - rules of dissemination.
. The User and the Customer also undertake to respect both General Conditions and all applicable laws, as well as the dissemination rules.
. The written participation of Users and Customers in this moderation is also encouraged for all reports of content (possibly contrary to these Terms and Conditions as well as the law in force, via the following email address: contact @ sochic-sodesign. fr.
Article 8. Obligation to advise and cooperate
8.1 Mutual obligation of information
. The Service Provider is committed to a clear, comprehensive and up-to-date online information policy towards its customers and users, coupled with its sales department for any useful advice, and thus ensures by various means the knowledge on the part of the Customer to all elements allowing him to buy knowingly and transparently.
. The Customer is urged to report, as appropriate, on his specific needs, and thus admits, without reservation, his own duty to collaborate. The liability of the Service Provider cannot be sought, in whole or in part, for breach of its obligations of advice resulting from the silence of the Customer on an item (s) that may determine his purchase.
. In addition, and because of the remote nature of the sale, it is not guaranteed for the Customer to be able to contact the Service Provider prior to the sale, if the Customer does not express himself voluntarily to obtain essential information for him and his future purchase, especially with regard to the use he intends to make, if this use is different from the standard uses that are made of the products offered on the Site. Therefore, the Service Provider undertakes only to respond promptly and efficiently to the Clients who request it, and thus totally excludes its liability in any form, in case of purchase of Product (s) intended for a special use not indicated.
8.2 Customer Service
The Service Provider provides commercial support from Monday to Thursday from 9 am to 7pm and on Friday from 9 am to 6pm by email at contact@sochic-sodesign.fr or by phone at +33 6 12 35 21 17
The Service Provider undertakes to respond to any request within two working days.
Included in said medium:
. Requests for commercial aspects: specific requests (eg related to quantities requested), information regarding the ordering process, deliveries / shipments / returns, and payments.
On the contrary, are excluded from said support:
. Requests for information relating to the provisions of these General terms and Conditions of use and sale as such, these being presumed to be exhaustive, clear and easily accessible, with the exception of those relating to the aforementioned commercial aspects.
. Requests for information already accessible by simply consulting the Site (including, but not limited to, announcements, order tracking, other elements of the Site).
. Requests related indirectly and / or not related to the activity of the Site.
. Requests relating to technical aspects (see Article 5).
Article 9. Privacy Policy
9.1 Personal data
The Service Provider recalls its level of awareness regarding the privacy of its Users and Customers, and its level of involvement and responsibility in the processing, in the broad sense, of the personal data of the latter, in accordance with the law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms.
. The person responsible for the processing of personal data, which is necessary to achieve the common commercial objectives, is So Chic So Design. The said treatment was the subject of a declaration to the National Commission for Data Protection, under the number 1792085 v 0.
. The Service Provider certifies, on the one hand, to collect only the data strictly necessary for the navigation and the realization of the common commercial objectives, and on the other hand, not to communicate them to any third party whatsoever, and in any form whatsoever , with the legitimate exception of the technical provider (s) responsible for the maintenance of the site, as well as third parties authorized by law (for example in the context of legal proceedings).
. The purpose of such treatment is the technical effectiveness of your experience on the Site; this implies the ease of browsing, searching, finding, analyzing and selecting the Products that interest you, as well as the security of the validation and payment of orders.
. The Service Provider undertakes to respect, or to enforce, by the technical service provider (s) to which it is linked, the physical and logical modes of security of such treatment ( protection of premises, protection of servers, adequate insurance).
. The content of this treatment gathers various information and which differ according to whether you are registered on the Site:
In any case, the data relating to the IP address (identification of your Internet connection and of your terminal) are harvested to the pages consulted.
The registration entails the information of mandatory information such as: name / surname, a pseudonym, valid email address, valid phone number, date of birth, billing addresses, withdrawal of Products (for Advertisers only) and delivery (for Buyers only), a valid bank account number (for Advertisers only).
Registration is mandatory and prior to any purchase and any announcement.
. The completeness, accuracy and validity of the information provided is presumed to be acquired by the Service Provider, who cannot bear the responsibility for the non-respect of these obligations by the Clients and / or Users, and reserves the right to carry out useful verifications, to ask for additional supporting documents, or even unilaterally cancel an order without having to justify it.
. For information, the provisions relating to banking data are available in Articles 14.2 and 17.3 of these General Conditions.
. The retention of personal data thus collected is ensured for purposes of optimizing any future navigation, and archiving for the security and the proof of the commercial activities of the Service Provider; it is fixed at fifteen (15) months, and is ensured in optimal security conditions.
. The Service Provider undertakes to make effective any reasoned request for consultation, modification and possible deletion of said data, by responding to these requests within thirty (30) calendar days of receipt of the request. These requests are made by email to the address contact@sochic-sodesign.fr and will be formalized by an email notifying the reception and the execution of the request.
9.2 Cookies and navigation
As a reminder, know that the process of the use of cookies is quite traditional and commonly applied by the vast majority of e-professionals.
. Operational navigation on the site requires the use of cookies, which are mini-software "tracers" located on the Customer's terminal, and gives access to the Provider to basic connection information about the Customer. Cookies do not collect any personal data to identify them, neither on hard disk nor online, and the information collected is encrypted and anonymous.
. These cookies are stored in and managed by your own internet browser (eg Mozilla Firefox, Google chrome, Internet Explorer, Safari etc.) and the Service Provider recommends a personal configuration on the part of Users accepting said cookies and thus favoring the purchasing and the sale process. Otherwise, the User being free to choose this option in its browser settings, he accepts without reservation that it would be unfounded to seek the liability of the Provider because of his own navigation difficulties, making possibly difficult or impossible the finalization of his orders.
Article 10. Applicable law and international aspects
Article 10. Applicable law and international aspects
10.1 Applicable law
. These General Conditions, as a whole, are subject and governed exclusively by French law, and must be interpreted under French law. No derogation from this provision can be alleged, including for any conflict of laws, and for all contractual situations resulting from the commercial relationship between the Service Provider and the Customer, the User and / or the Advertiser.
. It is understood and accepted that we deliver, in principle, only on the French territory (metropolitan); any request for a delivery beyond this territory will not be taken into account.
. However, for this type of order, we consider punctual and case-by-case feasibility of transactions and deliveries, according to various elements that are to be studied prior to any order validation. It is therefore possible to navigate freely on the Site, but the validation of a cart is not guaranteed for a delivery address outside the French territory. In this case, please contact us beforehand to inform us.
10.2 Accessibility of the Website
. In cases where access to the Site is not guaranteed to the Users of certain countries, due to foreign legislation, difficulties of connection, delivery, or any restriction beyond the control of the Service Provider, the possible damages resulting from this restriction can not entail its responsibility.
10.3 Disagreements and Disputes
. Any disagreement arising between the Parties will first be the subject of an attempt to settle amicably in all forms admitted by the positive law and within a reasonable time.
. If applicable, disputes that could not lead to an amicable settlement will be subject to the exclusive jurisdiction of the French courts.
- if the Client concerned is a professional trader, the dispute will fall under the exclusive jurisdiction of the place of the registered office of the Provider, that is to say the Courts of Commerce of Montpellier.
- if the Client concerned is a consumer and does not have a specific status, the dispute will be either of the Court of the place of residence of the claimant, or the place of the registered office of the Service Provider (that is to say the Courts of Commerce of Montpellier).
PART 2. GENERAL CONDITIONS OF SALE
° General conditions of advertising
Article 11. Advrtising and Sale Process
Publishing and Ad Validation
The ads that are successful are those that are filed with loyalty and authenticity, and the quality of the ads is the prerequisite for smooth operation of the Site and until the receipt by buyers. So, do not hesitate to describe the Products precisely by putting yourself in the shoes of Buyers who wish to know as much as possible to acquire quality furniture.
. The Advertiser admits first and foremost its entire responsibility for the content of the advertisements, taking into consideration to all the rules applicable to its situation as an advertiser and individual seller.
. He undertakes to provide complete and accurate information that is required to validate an Ad. The Service Provider reserves the exclusive right to refuse the publication of the Ads and declines any responsibility in case of impossibility to validate an Announcement because of its incomplete, inaccurate or suspicious content.
. The Advertising and Sale process is accessible via the "Sell" button. It is reminded and accepted that prior registration on the Site is mandatory and entails the obligation to provide the information requested, to be able to create an online store, post and validate the Ads, and assign them to an Advertiser identified by the Provider .
If the Advertiser is already registered on the Site, it will simply be asked to sign up at this stage of the process.
You will be assigned your login details that you must keep.
For more details on the respect of your private life, please read the article 9.
For further advice to help you effectively fill your ads are available online; Please do not hesitate to consult them.
. Please respect dissemination rule.
Thank you for completing your ads carefully, respecting the following criteria:
The general condition of the Supply of products is to be described accurately and authentically.
Please be as specific as possible regarding any necessary repairs by the condition of the Product. Feel free to add photos attesting to this state (with different angles, lights, layout etc).
- The color (s) (particular colors and tints, color differences on different parts of the Product etc).
- The complete dimensions (heights, widths, lengths, depths, as well as any specificity) of the Product and its components if applicable (multipart furniture for example).
- The forms, the material (s) used, including any useful specificity.
- The times of manufacture and any evidence of the product's history, its known geography, the different styles and designations attached to the Product, the name (s) of the designer (s), if any, etc.
- Please indicate if a particular use of the Product can explain its current status. (Example: a sofa in a very good mechanical and structural condition but whose exterior is to be coated because it has served in an open or semi / open space).
- Provision of the certificate (s) of authenticity, invoice (s), deposit (s) probation (s) (eg Inpi), and any documentary evidence (s) useful to the establishment of "the identity "of the Product.
. Acceptance of the dissemination rules is mandatory at this stage of the process.
. The Service Provider acts in compliance with the legitimate rights possibly attached to the Products offered on the Site, to the strictest extent of its knowledge of such a state of law, and cannot be held liable for any possible infringement and / or illegal possession such as Products, of any type and by any third party related or not to the Customer and / or the Advertiser. It is therefore the sole responsibility of the Seller to provide Royalty Free and harmless Products, as well as any legal and useful information to the Buyer.
. The moderation of the advertisements is ensured by the Service Provider, who carries out any useful verification if necessary.
This moderation takes into account the aforementioned dissemination rules, as well as these General Conditions and all applicable law.
It is therefore forbidden to publish information constituting, in particular and without limitation:
- canvassing, advertising, hypertext links and any commercial promotion; degrading remarks with regard to the Provider and / or the Site.
- notice of search for persons or property, or any other approach unrelated to the activity of the Site.
- sale of illegal products (illicit substances, dangerous products, products related to the medical field, products reserved for adults).
- discriminatory, violent, insulting or offensive remarks of any kind, call for hatred; politicized.
. The validation of the ads, is carried out unilaterally by the Service Provider according to all the aforementioned criteria. In no case can he be held liable in case of refusal to validate any announcement for any reason.
This validation is notified by email to the Advertiser within a maximum of twenty-four (24) hours, and triggers the posting of the announcement for consultation by any User.
. The Advertiser admits unreservedly that the posting of an advertisement and its validation by the Service Provider results in its being put online, and commits the Advertiser to respect its obligations as a seller. For more details, see Article 12 - Right of withdrawal of Ads.
. The Advertiser is informed by email when the proposed Product is formally ordered (validated and paid order). In this case, the Advertiser is informed of the purchase and the Service Provider agrees jointly with the delivery service provider and the Buyer on a specific date and time for the withdrawal and delivery of the Product; these will be communicated to the Advertiser between twenty-four (24) and forty-eight (48) hours after the purchase, and a maximum of forty-eight (48) hours before said date of withdrawal and delivery.
Article 12. Right of withdrawal of Advertisements and exceptions
.
It is accepted that the posting of an advertisement on the Site is a voluntary act, the Advertiser is free to exercise the right of withdrawal of his or her ad (s), on request by email to the following address: contact@sochic-sodesign.fr.
. In this case, the Service Provider undertakes to satisfy this request within forty-eight (48) hours of receipt of the request, formalized by a confirmation email. No reservation and / or order can be made on an Ad that has been withdrawn, upon the effective receipt by the Service Provider of the Advertiser's request.
. However, it is unreservedly accepted by the Advertiser that the withdrawal of an advertisement can not be made in the following cases:
- reservation of a Product by a Buyer following his order, for any package exceeding 30 kg. In this case, the withdrawal will become possible again only under the double condition that the Buyer concerned refuses the quote presented to him by the Service Provider in relation to the cost of transport, for a period of forty-eight (48) hours, and that the advertisement in question was not the subject of another order and / or reservation by another Buyer before the new withdrawal request.
- validation of order followed by payment by the Buyer, which triggers the delivery and the Seller's obligations as a result, as well as the Seller's payment by the Site once the delivery has been completed, for parcels weighing less than 30 kg.
. Furthermore, it is unreservedly accepted that the acceptance of these General Conditions releases any form of liability of the Service Provider, who does not at any time endorse the status of vendor, regarding any refusals to deliver from the Advertisers.
In such a case, said Advertiser remains fully liable to the Purchaser for any damage resulting from its failure; thus, and despite the efforts of the Service Provider to resolve such disagreements, including ensuring the reimbursement of the total price paid (including transport), it is up to the Buyer alone to take action to compensate for the damage he believes he has suffered from made of the absence of delivery, before the appropriate authorities.
. Moreover, and because of the economic and moral damage suffered by the Service Provider in such cases, due to the reimbursement to the Buyer of the price actually paid online and the transport costs ultimately borne by the Service Provider, the latter reserves the right to right to sue for damages by any procedural route offered by positive law.
It is recalled that the account of such a defaulting Advertiser would be automatically deleted if necessary and its data would be validly retained by the Service Provider and without any need to justify it, for the purpose of subsequent verification (s).
Article 13. Delivery and Responsibilities
13.1 Delivery of the Article
. A distinction is made between parcels of more or less than 30 kg, to determine both the process and the cost of deliveries:
- The transport of packages of less than 30 kg is provided by La Poste via its So Colissimo service, by conventional mail.
- The transport of parcels weighing more than 30 kg is ensured by service providers contractually bound with the Service Provider, whose identity and contact details will be indicated after each order confirmation to both Advertisers and Buyers.
. The delivery price is always indicated precisely according to your order, in the summary of this one, either directly after validation of your Cart for Products of less than 30kg, or after information of the Provider within forty - eight (48) hours of the cost of transport (if the Buyer has only reserved the said Product, for packages over 30 kg).
The price of the delivery indicated in the final order is payable in the same way as the price of the Product, both payable jointly online, to trigger the delivery.
. The dates and times of delivery are set by the Site according to the availability of the provider-delivery, availability and wishes of the Buyer and finally the availability of the Seller. Buyers and Advertisers consent to the communication of their respective telephone numbers to the delivery service provider for the purpose of ensuring the proper conduct of withdrawal and delivery operations, and undertake to make himself available in accordance with the instructions given by the Service Provider. , which always ensures the links and the transmission of information.
. The withdrawal of the parcel gives rise, at the notified time and place, to a first verification of the Product by the delivery service provider, concerning the general condition and the general conformity of the Product to the order, and the signing of a withdrawal certificate. by the Advertiser, who attests the conformity of the Product to the Announcement and its consent to the withdrawal.
Any refusal of the latter to sign the document and to allow the withdrawal of the Product, for any reason whatsoever, would incur its full responsibility both with regard to the Provider, the Purchaser and the delivery service provider.
. The delivery to the Customer / Buyer gives rise to a second verification by the Buyer, in the presence of the delivery service provider, after unpacking and complete examination of the Product, and the signature of a delivery note by the Buyer, which certifies the receipt of the Product. His consent thus expressed terminates the obligations of all other parties involved in the delivery operation (with the exception of any hidden defects, dealt with in the article).
- The buyer can choose to manage himself the delivery of his purchase:
Once the Buyer has accepted the offer of the Seller, that it has confirmed the availability of the article and that So Chic So Design has cashed the payment of the Buyer, So Chic So Design will communicate to the Buyer the Seller's contact information so that he can proceed with the delivery of the Product.
The Seller is solely responsible for the proper performance of the obligation to deliver the ordered Product.
13.2 Responsibility
- Absence of guarantee and responsibility coming from the Service Provider:
. The Service Provider undertakes to implement all diligence to ensure the proper functioning of all of its Service via the Site, to allow you to put you indirectly in relation to selling and buying specific Products. This Service aims to establish and maintain a process that guarantees the quality of the Site and its use, the quality and relevance of the Advertisements and Products, the veracity of the information concerning the different actors, and the reliability of the delivery systems. This service is accompanied by transparent, clear and exhaustive information directly online, and an available and responsive customer service.
. At no time does the Service Provider become the owner of the Products offered on the Site, and can not be held liable on the basis of the Seller's obligations with regard to the sale in the proper sense, and to the delivery service provider with regard to transportation and delivery.
. The Service Provider guarantees the quality of its Service as a whole and only responds to its activities as described in these General Conditions.
. In all cases of dissatisfaction, the Service Provider ensures the coordination of the operations and can, under certain discretionary conditions, and below an amount of 800 euros, proceed itself to the possible refunds / repayments adequate, in anticipation of the obligations of the delivery-service provider who will answer his obligations directly with regard to the Service Provider, and this in order to facilitate the repair of the damages caused to his Customers, in terms of his customer service and because of the contractual relations which links this one to the various service providers -delivery men.
Transportation Liability
. The responsibility of the transport is ensured totally by the provider-deliveryman, since the signature of the withdrawal order entailing the assumption of responsibility of the Product until the compliant deposit attested by the signature of the delivery order by the Purchaser.
This responsibility is not assumed by the Service Provider, who will nevertheless ensure the coordination of the repair procedures of the damage, and remains your privileged interlocutor.
In case of any deterioration, noticed either during the transport by the provider-deliveryman himself or by the Buyer in the presence of the provider-deliveryman at the time of the reception and the verification of the Product, the Buyer has two possibilities:
1. Repair or repair the Product if possible; the Product (damaged) will then be left on site at the disposal of the Buyer. The refund of the costs thus incurred will be reimbursed upon request and on presentation of formal proof by the delivery service provider responsible for the damage, and / or through the Service Provider. The latter will either undertake the refund itself in advance or coordinate the repair by the delivery service provider.
In this case, the Buyer must notify this condition, by describing it precisely, on the delivery note, by issuing an unequivocal reservation attesting to the deterioration of the Product during transport; he must then inform the Service Provider as soon as possible and at most forty-eight (48) hours.
The Buyer understands and agrees that its decision to retain the Product for repair terminates any claim for refund, even in the case of unsuccessful repair. He fully acknowledges that his prepayment will be validated by his signature of the delivery note and that the Seller will normally be paid.
2. Refuse the package and directly request the payment of prepayment to the Service Provider if no repair is desired and / or possible; the Purchaser in this case must imperatively notify this refusal on the delivery note with the precise description of the current (damaged) status of the Product, and also notify the situation and its request for payment to the Service Provider as soon as possible, and not more than forty-eight (48) hours.
. This payment will be made by the Service Provider within a maximum period of ten (10) days.
. In this very specific case, the parcel remains in the hands of the delivery service provider, who must notify the Provider (and the Advertiser) of the situation as soon as possible, and to take sole responsibility, on the one hand the expertise of the Product by its own insurance which will determine the amount of the damage and therefore the refund, and secondly, the possible return of the deteriorated Product to the Advertiser, in the shortest possible time also, if necessary.
. Indeed, the Advertiser will have the choice to have the Product repaired or not. The Advertiser may then decide to recover the damaged Product and have the repairer refunded by the delivery service provider, on presentation of any formal proof; he may also, if he so wishes or if he considers that the repair is impossible or unjustified (in particular with regard to the expected price of the Product), abandon the sale as well as the Product, and ask for refund of the loss as a result of the no sale directly to the delivery service provider, without being able to turn against the Service Provider.
. In fact, the Service Provider makes any refunds on the sole and exclusive faith of the service provider's insurance appraisal report, and only after receiving the sums concerned from the latter. The general terms and conditions of the delivery service provider in question will then determine the amounts applicable to this operation.
. It is unreservedly accepted that failure to comply with the formalities attesting to the rejection of the Product entails irreparably the exhaustion of any way of reimbursement and / or repayment, without prejudice to the open channels directly against the provider-delivery person, outside any involvement of the Service Provider.
Indeed, the specific nature of sales between individuals, second-hand goods, and remotely explains this requirement and this restriction.
Liability of the Seller
. In addition to the aforementioned obligations to validate its Ads, the Advertiser fully admits that the validation of sales is presumed acquired by the validation of the order of the Buyer and its subsequent payment. This consent of the Buyer leads to the perfection of the sale, which entails the contractual obligations of the Seller / Advertiser.
. He is reminded and admitted the contractual obligation of availability (physical and telephone if necessary) and punctuality, to allow the withdrawal of the Products. Any additional costs incurred by the delivery service provider for the purpose of making a new withdrawal would, in the event of failure to fulfill this obligation, be charged in full to the defaulting Seller.
. The Seller is responsible for the delivery of the Product to the delivery service provider, and its condition at the time of delivery, jointly noted; if there is a compliant and / or specific packaging to secure the Product, it is the responsibility of the Seller to supply and install it, before the packaging precautions applied by the delivery service provider to transport the Product.
. The Advertiser / Seller is strictly and personally liable, because of his status as a non-professional seller, the conformity of the Product and responds alone for any damage resulting from the dissatisfaction of the Buyer regarding the Product.
Thus, any request to the Service Provider for the nonconformity of the Product to the order will be refused, because of the quality and relevance of the Ads, the moderation, and the system of purchase / sale on the Site. Indeed, the knowledge of all the elements allowing the Buyer to choose a Product excluded any possibility to turn against the Contractor because of damage resulting from an omission of information which is not due to him and that he could not have known.
The Seller is therefore fully aware of his liability due to the content of his Ads.
. Also, any hidden defect coming to arise is the sole and exclusive responsibility of the Seller, whose responsibility is to be sought by the Buyer according to all procedural procedures in force. The Service Provider does not answer for any possible defects, the existence of which he could not have known.
. The Advertiser therefore fully and unreservedly agrees to assume the price of returning the package in case of proven non-compliance, resulting in the refusal of it by the Buyer, which will not be debited. The Advertiser will not be paid in this case until the receipt of a new compliant Product by the Buyer, if this is possible. Otherwise, the sale will be canceled, and the Product returned to the Advertiser at its exclusive expense.
In all these cases, you can reach us:
. From Monday to Thursday from 9 am to 7 pm and on Friday from 09 am to 6 pm.
. By phone: +33 6 12 35 21 17
. By email: contact@sochic-sodesign.fr
- Liability of the buyer in case he manages the delivery of his purchase by himself:
The Seller is solely responsible for the proper performance of the obligation to deliver the ordered Product.
Article 14. Payment and Security of Transactions
14.1 Payment
. The Advertiser understands and fully acknowledges that payments for the Products sold validly on the Site are made only after the final validation of the transaction by the Buyer, directly online, which allows the Service Provider to trigger the said payment to his bank account. within a maximum of seventy-two (72) hours.
It is imperative that the Buyer validates this transaction by signing the unqualified delivery note, which certifies the conformity of the Product to the order and the absence of deterioration. Hence,the sale is perfect.
. The Advertiser also agrees that the payment may be delayed and / or canceled in case of proven non-compliance or deterioration during the transport.
- In case of deterioration during transport and only if the Buyer has refused the parcel, the payment will become effective only after systematic verification by the Provider of the condition of the Product with the Buyer and the delivery service provider, and after the latter's commitment to repair the damage caused by him.
- In case of non-compliance with the order and / or hidden defect discovered, the Advertiser being fully responsible for the sale in the strict sense, it admits without reservation and abandon its payment, and pay the price of return of the product.
. The Advertiser, when selling on the Site as a professional, is required to issue the appropriate billing to the buyer in the package to be sent. This invoice is proof of his professional status and related obligations, and is informative and summary. In addition, the Advertiser, professional or not, continues to engage its responsibility of seller in the combined conditions of the applicable legal framework and these General Conditions. Indeed, it is recalled again the complete absence of transfer of ownership of the Products sold via the Site in favor of the Provider, who never acts as a seller.
. However, a second invoice formality (and the only one in the case of non-professional Advertisers), systematically performed by the Service Provider and evidencing the obligation to pay in respect of the Purchaser, reminds the latter of the content and the terms of the order, and also includes the price to be paid for delivery (see Article 17). This invoice is put online on the personal space of the Buyer at the end of the transaction. An email from the Service Provider informs both Parties of this formality.
. This invoice by the Service Provider is not made in the name of the Professional Advertiser, and is made for its own account, for the purpose of coordination and smooth transaction through the Site.
. Fees due to the Provider:
An invoice to the attention of the Advertiser, and accompanying its payment, will be issued systematically at the end of the transaction, in order to justify its linking service, that is to say at the same time the successful completion of the transaction (receipt and payment by the Buyer) and the deduction of the commission due to the Service Provider, constituting his own remuneration. It will be emailed and archived on the Advertiser's online profile.
14.2 Terms and conditions
. Payment method :
Advertisers' payments are made by bank transfer to the bank account, which must be entered in the online account that the Advertiser has opened on the Site in order to sell its Products.
. Transaction security :
Bank information and transfers are made in a completely secure way via the "Crédit Agricole".
The Service Provider undertakes to strictly respect the confidentiality and security of the banking data transmitted, and to use them only in strict measure of the necessity resulting from its commercial and contractual relations with the Advertiser. He therefore undertakes not to disclose, transmit, assign, in any way and to any third party whatsoever.
. Fees due to the Service Provider :
The Service Provider issues an invoice to the attention of the Advertiser in all cases, justifying its service of connection with a Buyer (s), indicating the property (s) sold (s) and the percentage and the amount of the commission applied to the transaction, constituting his own payment.
SPECIFIC CONDITIONS OF BUYERS
Article 15. Validation of orders and consent by double click
.
This article recalls that the Buyer's process of sale and legal consent is carried out in two stages, and the Purchaser unreservedly admits the Buyer.
. In addition, there is a distinction between orders of products of more or less than 30 kg.
For packages of less than 30 kg:
. The orders are made by a first click to choose a Product / Announcement and save it in his Cart, leaving the choice to continue shopping or to validate his order. In this case, a summary of the order is systematically presented in order to finalize the order.
. The login for the already registered users or registration is required at this stage of the process.
. Validation of orders is deemed acquired when the Customer makes a second click on the button "I confirm my order", after having (read and) accepted the present General Terms and Conditions of Use and Sale via the mandatory check box.
. This formality takes you directly to the payment page.
For packages over 30 kg:
. The orders are made in the same way, by a first click to select a Product / Announcement in your Cart, which constitutes a reservation of said Product, granting a simple right of retractable priority under the conditions set out in Article 16.
. The Service Provider, informed of your order, will then present you an estimate cost of the transport, during a maximum delay of forty-eight (48) hours, which will allow you to finalize or not your order.
. Upon receipt of the quote, the Buyer has a period of twenty-four (24) hours to notify its acceptance or not of the proposed rate, by return email.
. The rejection of the quote cancels the order and has the effect of emptying the Cart of the Product concerned, which will be delivered online.
. In case of acceptance of the quote by return of email notifying this acceptance, the rate thus indicated will be directly reported and registered by the Service Provider in the Purchaser's Cart, and an email informing him of the availability of the new complete Cart will be also sent, inviting him to confirm his order.
. The Purchaser will then be able to check the summary of his complete order and validate it, by checking the mandatory box of unconditional acceptance of these Terms and Conditions and by making a second click on the button "I confirm my order".
. This formality takes you directly to the payment page.
. This double-click technical and legal process represents the current method for perfect distance selling; by this process, the Customer consents fully and without reservation, on the one hand to all of these General terms and Conditions of use and sale , and on the other hand agrees to the payment of his / her order (s), in the conditions presented in the Article 17 of these General Conditions.
Article 16. Right of withdrawal and exceptions
- Notwithstanding the principle granting a right of withdrawal to consumers on the Internet, and in accordance with Article L 121-20-2 paragraph 1 of the Consumer Code, the Service Provider does not allow this right to be applied for its Services.
Indeed, it acts as commissionaire, and puts you in relation to buy and sell your Products, which it does not acquire at any time and in any form the property. It therefore does not act at any time as seller of the goods present on the Site.
The Service Provider provides a set of services and not any supply of product, which precludes under the aforementioned article that you can retract, since the execution of this service necessarily began before the end of the withdrawal period. ,
By accepting these Terms and Conditions, you agree to waive your right of withdrawal.
This absence of retraction is strictly speaking for the sale and purchase of property (s) on the Site. Any Product purchased and delivered in accordance with the order is thus presumed to be satisfactory to the Client concerned, who may not otherwise use the means set out in Article 13.2, to obtain satisfaction directly from the Seller and / or the service provider. delivery man (in case of deterioration).
. As an exception to this absence of withdrawal, and concerning reservations: the choice is left to you, for all parcels higher than 30 kg, to reserve these Products, for a maximum delay of forty-eight (48) hours, by keeping them in your Cart, the time for the Service Provider to confirm the cost of transport, to allow you to finalize your choice to buy or not the said Products.
The Client fully admits that his booking, while granting him a right of priority maintained during the stated period, is not a trivial act (and which temporarily withdraws from the Site a Product that could find a Buyer).
It is also accepted that bulky and heavy packages almost always require higher delivery costs; it is therefore requested to use this option in a limited and reasonable manner.
. During the said period, the Service Provider will offer you a quote from its commercial relations with its delivery service providers; it is accepted that the refusal of the quotation relating to the transport of the Product (s) reserved (s) validly allows the Service Provider to cancel the sale, to put an end to the right of priority granted by the reservation, and to return the ) said Product (s) available online for any Buyer, even before the end of the forty-eight (48) hour period.
Article 17. Payment and Security of Transactions
17.1 Resolution by rights
. For parcels weighing less than 30kg, payment of the full price for the order validated by the Customer is done online and immediately after this validation; failure to comply with this obligation for any reason whatsoever, validly allows the Service Provider to cancel the transaction without giving reasons for its decision. He may, however, notify the Registered Customer by email within fifteen (15) days. The present contract is then deemed to be automatically resolved, in all its aspects.
. The ordered Product will be delivered online without any possibility for the defective Buyer to claim any right of priority over it.
However, the Service Provider may contact the defaulting Purchaser as soon as possible to inform him of the consequences of his abandonment of the cart and his lack of payment, in order to decide whether to bring the product concerned online or not. This possibility arises from the diligence of the Service Provider and is in no way mandatory; thank you to use this option sparingly (a maximum of two abandonment carts will be tolerated).
17.2 Payment methods and terms
. Payments are immediate and can be made online by credit card.
- Payment by credit card, directly online, finalizing the purchase and triggering the delivery; it requires the Customer to complete the details of his credit card details (name and surname / card numbers / date of validity / cryptogram). Liability for damages resulting from the incomplete, inaccurate or misleading nature of such information shall be borne by the Customer.
- As the Service Provider's bank account is domiciled in France and does not have any particular character, no payment towards this one gives rise to hidden additional costs; Any additional costs that may be charged to the Customer for reasons related to his own banking situation can not be borne in any case and in any form by the Service Provider, in part or in full.
Billing
The Service Provider systematically issues an invoice to the attention of the Buyer:. To specify the cost of delivery and to recall the Product (s) being purchased, its characteristics and price, and the identity of the seller. This invoice is issued by the Provider by virtue of its global linking service, and in no case due to a transfer of ownership. In no case shall the sum shown therein be due in respect of a sale, and the Service Provider shall only retain it for the purposes of the smooth running of the transaction, and ultimately return it to the Advertiser.
17.3 Security of transactions
So Chic So Design respects your data and is committed to comply with all the legal obligations in the matter:
. The purpose of the use of banking data is to carry out transactions on the Site.
. The data transmitted during the payments is particularly sensitive, and for the purpose of securing transactions, they are encrypted by a so-called strong algorithm, leaving, when entering and transmitting, their reading accessible only to the publisher of the Site and to the banking services responsible for their processing. The Service Provider formally undertakes not to make them accessible, in any form or by any means, to any third natural or legal person.
. The links and connections established with the Site for payments (ie the transmission to the banking services) are also secure, which is verified by the specific sign in the form of a padlock in your address bar , preceding the address of the page in question, which starts with "https" (secure) -and not "http" (unsecured).
. The 3D Security mechanism also allows the securing of the transaction bilaterally, by the information of a single-use code to verify that you are indeed the holder of the blue card used; the authentication thus carried out is said to be unreadable. This code will be sent to you by SMS by your bank.
. The liability of the Service Provider is limited to the technical aspects of securing transactions on the Site, and reserves the right to act in all instances in all cases of fraud and suspicion of fraud. Also, the Service Provider reserves the right, without any need to justify it, to temporarily suspend or even permanently block the transactions, for the purpose of security verification, and in liaison with the banking service provider responsible for their processing.