GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
Date: 17/08/2022
The company Basic Original, registered in the trade and companies register of Thonon-les-Bains under number 907 844 369 and whose registered office is located at 32 CHEMIN DE LA CHAPELLE - 64990 LAHONCE is engaged in the purchase and sale of clothing.
PURPOSE
These General Terms and Conditions of Sale (hereinafter the "GTC") set out the terms and conditions on which the Company sells its products or provides its services (hereinafter the "Products or Services", "Products" or "Services") to customers who purchase or subscribe to them (hereinafter the "Customer").
The Company reserves the right to amend or adapt these GTC at any time. The version of the GTC applicable to the Customer is the version provided to the Customer by the Company at the time of purchase of the Products or Services.
The Customer declares that they have read these GTC and accepted them without reservation before placing the order.
PRE-CONTRACTUAL OBLIGATIONS
In accordance with Article L.111-1 of the French Consumer Code, the Company provides the consumer with clear and understandable information about the essential characteristics of the Products or Services, which are: the sale of clothing.
PRICE
The Products or Services are sold at the prices in force at the time the order is placed. These prices are expressed in EURO and include all taxes.
The Company reserves the right to change its prices at any time.
ORDER AND PAYMENT TERMS
Orders are placed directly on the website www.crushshop.fr. Payment for the Services or Products is made at the time the order is placed by credit card invoice.
INVOICING
Each order is subject to an invoice sent to the Customer by the Company by email or post.
Each invoice must be paid within 30 days of the invoice date.
LATE PAYMENT
In the event of late or partial payment of the amount stated on the invoice issued by the Company, the business Customer may be subject to late payment penalties equal to 1.5 times the legal interest rate in force at the time the Products or Services are delivered.
This penalty accrues from the payment due date without any prior formal notice being required.
In addition to this late payment penalty, a fixed compensation of 40 euros for recovery costs is payable pursuant to Articles L.441-10 and D.441-5 of the French Commercial Code.
Consumer Customers are not subject to such late payment penalties.
The Company retains ownership of the Products sold until the price has been paid in full, and the Customer undertakes, until ownership is transferred, to take all reasonable precautions to properly preserve the Products.
DELIVERY
The Company undertakes to provide a Product that complies with the applicable legal and contractual requirements.
The Products are delivered by post to the address specified when the order is placed.
The Company undertakes to deliver the Product within 2 months of the date it is ordered.
RESCISSION / TERMINATION CLAUSE
The sale may be rescinded by right and give rise to damages payable to the Company if the buyer does not pay the full amount due within one week of the date on which a formal notice to pay is sent.
LIABILITY
The Customer is solely responsible for their use of the Products or Services.
WARRANTIES
All Products are covered by the statutory warranty of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code and the warranty against hidden defects provided for in Articles
1641 et seq. of the French Civil Code. These warranties, in particular, allow the Customer to return defective or non-conforming Products delivered to the Company.
1. Statutory warranty of conformity
- Article L.217-4 of the French Consumer Code:
The goods conform to the contract if they meet, where applicable, the following criteria: 1° They correspond to the description, type, quantity and quality, particularly in terms of functionality, compatibility, interoperability, or any other characteristic provided for in the contract 2° They are suitable for any special purpose sought by the consumer and made known to the seller no later than the conclusion of the contract, and which the latter has accepted;
3° They are delivered with all accessories and installation instructions that must be provided in accordance with the contract;
4° They are updated in accordance with the contract.
- Article L.217-5 of the French Consumer Code:
I.-In addition to the criteria for conformity with the contract, the goods conform if they meet the following criteria: 1° They are suitable for the purpose normally expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law, as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned:
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements they contain are provided in the latest version available at the time the contract is concluded, unless the parties agree otherwise 4° Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, they are provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods as well as any public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.
II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if it demonstrates:
1° That it did not know them and could not legitimately have known them; 2° That at the time the contract was concluded, the public statements had been rectified under conditions comparable to those of the initial statements; or 3° That the public statements could not have influenced the purchasing decision.
III.-The consumer may not challenge conformity by alleging a defect concerning one or more particular characteristics of the goods, having been specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented when the contract was concluded.
2. Statutory warranty against hidden defects
Article 1641 of the French Civil Code:
“The seller is liable for the warranty against hidden defects in the thing sold which make it unfit for the purpose for which it is intended, or which so diminish that purpose that the buyer would not have purchased it, or would have given it a lower price, had they known of them.”
Article 1648, paragraph 1 of the French Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years
from the discovery of the defect.”
It is reminded that under the statutory warranty of conformity, the Customer:
- has a period of 2 years from the delivery of the goods to take action against the Company;
- may choose between the repair or replacement of the goods by making the goods available to the Company;
- is not required to prove the existence of the non-conformity of the goods during the 24 months following the delivery of the goods.
-The statutory warranty of conformity applies independently of any commercial warranty that may cover your goods. It is reminded that the Customer may choose to exercise the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and that, in this event, they may choose between the rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
3. Exercise of the warranty
In the event that the Customer is delivered a Product that does not conform to the order or reveals a hidden defect, the Customer must return the Product to the Company by post to the following address:
CRUSHOP - 32 CHEMIN DE LA CHAPELLE - 64990 LAHONCE
Any claim must be made within 14 business days of the date the order is received in order to make any claim relating to its return.
The Customer may ask the Company for:
- An exchange for an identical Product or one of equivalent quality and price, subject to stock availability.
or
- A refund of the price of the Product and any initial delivery and return costs.
AMENDMENT OF THE CONTRACT
Any amendment, termination or waiver of any of the clauses of these GTC will only be valid after the written and signed agreement of both the Company and the Customer.
PERSONAL DATA
The Company will collect personal data in order to provide the Products or Services ordered by the Customer.
In accordance with the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (known as the GDPR), the Customer has the right to access, rectify and object to the personal data concerning them. They simply need to write by email to the following address: hello@crushshop.fr indicating their name, first name, email and postal address and stating the purpose of their request.
The personal data requested from the Customer are necessary, in particular, for processing their order and issuing invoices.
This data may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The Customer has the right to lodge a complaint against the company with the CNIL.
We retain your personal data for as long as necessary to provide the Service or Product and fulfill the obligations you have requested of us, or for other essential purposes such as complying with our legal obligations.
Furthermore, the Company undertakes to comply with the rules in force, in particular the GDPR, when processing the Customer's personal data.
FORCE MAJEURE
The Company cannot be held liable for the non-performance of its contractual obligations under the conditions provided for in these GTC in the event of an accident or an event of force majeure as defined by Article 1218 of the French Civil Code. In addition to the accidents defined by the case law of the French courts, any situation where the performance of contractual obligations is delayed or prevented, including but not limited to industrial disputes, interventions by authorities, natural disasters, epidemics, fires, water damage, interruptions of the electricity or telecommunications network, and administrative decisions, is considered an accident or an event of force majeure beyond the Company's control, and it cannot be held liable.
APPLICABLE LAW AND COMPETENT JURISDICTION
These GTC are governed by French law.
All disputes arising from the purchase and sale transactions concluded pursuant to these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and effects, and which cannot be resolved amicably between the Company and the Customer, shall be subject to the courts having jurisdiction over the city where the Company's principal place of business is located, under the conditions of common law.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has established a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you can file your complaint on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND.