Website editor :
Limited company with a capital of 466 500 Euros.
Z.A de Malatrait
38290 La Verpillière
Phone : +33 (0)4.74.94.02.50
Fax : +33 (0)188.8.131.52.53
Email : email@example.com
Director of publication: Jean-Luc ALLEGRE, Managing Director
Registration number in the Trade and Companies Register : 693 621 054 RCS Vienne
Design and hosting :
The present terms and conditions of the www.decomatic-sa.fr website are governed by French law and any dispute or litigation that may arise from the interpretation or execution of these terms and conditions shall be subject to the exclusive jurisdiction of the courts on which the company’s registered office depends. The reference language for the settlement of any disputes is French.
General CONDITIONS of online salE
ARTICLE 1- SCOPE OF APPLICATION
These general terms and conditions of sale apply, without restriction or reservation, to all sales concluded by décomatic sa and relating to the labels, envelopes and pouches offered for sale by décomatic sa on its website “www.decomatic-sa.fr” or “www.decomatic-sa.fr”.
The act of placing an order on the décomatic sa website implies full acceptance of these terms and conditions of sale, which the purchaser acknowledges having read prior to placing the order.
Any contrary condition opposed by the Buyer will be, in the absence of express acceptance, unenforceable against decomatic sa.
The fact that décomatic sa does not avail itself of any of the clauses of these terms and conditions of sale shall not be construed as a waiver of its right to avail itself of any of these conditions at a later date.
décomatic sa reserves the right to modify at any time the present general conditions of sale.
Withdrawal period for consumers who are natural persons:
In accordance with article L 121-20 of the French Consumer Code, consumers who are natural persons have a period of 7 clear days, from the date of receipt of non-personalised products or products in stock, to exercise their right of withdrawal without having to justify their reasons or pay penalties, with the exception of return costs.
If the seven-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
Where the right of withdrawal is exercised, the Company shall refund the consumer without delay and at the latest within 30 days of the date on which the right was exercised.
The right of withdrawal is in all cases subject to the condition that the Client returns the item in new condition, complete with documentation and accessories, and in its original packaging at the same time as it exercises its right of withdrawal.
Article L. 221-28, 3° of the Consumer Code specifies that the right of withdrawal provided for in the case of distance selling cannot be exercised for the “supply of goods made to the consumer’s specifications or clearly personalised”.
ARTICLE 2 – PRICES, ORDERS ON THE WEBSITE
The selling prices of products on the website of décomatic sa are those in effect at the time of registration of the order by the Buyer.
décomatic sa reserves the right to modify these prices at any time, in particular because of variations in the prices of its own suppliers.
No modification or total or partial cancellation of the order will be taken into consideration by decomatic sa.
Identification and contact details of décomatic sa:
Any consumer may contact our services at 04 74 94 02 50 Z.A. de Malatrait 38290 La Verpillière (France).
Delivery costs :
Standard delivery is included in the price for metropolitan France. For express deliveries or deliveries outside metropolitan France, an additional charge will be invoiced to the Buyer. These additional costs will be indicated to the Buyer before the order is placed.
Written confirmation of the order:
All consumers will receive an electronic confirmation of their order, summarising all the essential information of the contract. They will also be able to print the general summary of their order, which is presented to them before and after payment.
The present general conditions of sale can also be printed at any time by the consumer.
ARTICLE 3 – PAYMENT OF THE PRICE
The payment of the totality of the price must be carried out at the time of the order by the Purchaser.
Methods of payment:
To pay for his/her order, the Buyer selects one of the following payment methods:
- bank card (credit card, mastercard, visa),
- bank transfer
- administrative order
- bank or postal cheque, in this case, the Buyer must print and sign the order form and send it with the payment voucher to the following address:
38291 LA VERPILLERE CEDEX
The Buyer guarantees to décomatic sa that he/she has the necessary authorizations to use the method of payment he/she has chosen, when registering the order form.
The collection of the full amount of the order will be made by decomatic sa at the time of validation of the order or, in case of payment by check, upon its receipt.
décomatic sa reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the Buyer, or in the event of a payment incident.
Penalties of an amount equal to 1.5 times the legal interest rate are applicable by operation of law and without prior notice to the amounts unpaid at the end of a period of ten days following the date of invoicing or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
In the context of the fight against Internet fraud, the information relating to the Buyer’s order may be transmitted to any legally authorised third party for verification.
ARTICLE 4 – DELIVERY
4.1. Delivery is made by handing over the product directly to the Buyer.
4.2. Deliveries are made only according to availability and in the order of arrival of orders. décomatic sa is authorised to make deliveries in whole or in part.
4.3. Delivery times are indicated as precisely as possible, but are subject to the availability of décomatic sa.
Exceeding the delivery time does not entitle the customer to claim damages or to withhold or cancel orders.
However, if one month after the indicative date of delivery, the product has not been delivered for any other reason than a case of force majeure, the sale may then be resolved at the request of either party to the exclusion of any compensation or damages.
In any case, delivery can only take place if the Buyer is up to date with its obligations towards décomatic sa, whatever the cause.
4.4. Upon receipt, the Buyer is required to verify, in the presence of the carrier, the condition of the products delivered.
In case of apparent deterioration of the products, the Buyer must refuse to accept the products and immediately inform decomatic sa. A new shipment will be made as soon as possible.
Otherwise, the products will be deemed to be in conformity and free of any apparent defect. No claim will be accepted.
ARTICLE 5 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the products of décomatic sa, for the benefit of the customer, will be realized only after complete collection of the price, and this whatever the date of delivery of the aforementioned products. On the other hand, the transfer of the risks of loss and deterioration of the products of décomatic sas will be realized as of handing-over of the products to the Purchaser.
ARTICLE 6 – LIABILITY, WARRANTY
6.1. decomatic sa guarantees the professional Buyer, with respect to hidden defects that may affect the products delivered, only within the framework of a replacement of the defective products without being able to be considered by the Buyer as responsible for the possible harmful consequences that these hidden defects could have caused.
6.2 The products sold on the website comply with the regulations in force in France.
The photographs and illustrations accompanying the products on the website have no contractual value. The Buyer is solely responsible for the choice of the products, their conservation and their use. It is required to respect the use-by date written on each envelope.
6.3. décomatic sa will not be considered as responsible or defaulting for any delay or non-performance following the occurrence of a case of force majeure, stock shortage or unavailability of the product.
ARTICLE 7 – personAl DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.
7.1. Collection of personal data
The following personal data are collected:
When creating a customer/user account:
Name, first name, postal address, telephone number and e-mail address.
In the context of the payment of the Products, the latter records financial data relating to the Customer’s/user’s bank account.
7.2. Recipients of personal data
The personal data is reserved for the sole use of the Seller and its employees.
7.3. Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data (e-mail address: firstname.lastname@example.org).
7.4. Limitation of processing
Unless the Customer expressly agrees, his/her personal data shall not be used for advertising or marketing purposes.
7.5. Data retention period
The Seller shall keep the data thus collected for the duration of the commercial relationship between the Seller and the Customer.
7.6. Security and confidentiality
The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.
7.7. Enforcement of Customer rights
In accordance with the regulations applicable to personal data, Customers have the following rights:
- They can have their data updated or deleted as follows: by mail or email addressed to the seller (contact details in article 1)
- They can delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
- They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month.
If the Customer’s request is refused, reasons must be given. The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS, France) or refer the matter to a judicial authority.
ARTICLE 8 – INTELLECTUAL PROPERTY
The general and particular presentations, the charter, the texts and comments, the illustrations, images and photos reproduced on the site of décomatic sa, are the exclusive property of décomatic sa and are the object of a protection, for the whole world, through the royalties and the intellectual property. The décomatic sa website may contain links to other websites.
Decomatic’s liability is not engaged by the content or operation of these sites, nor by any harm or damage (viruses, etc.) of any nature whatsoever, suffered by the Buyer during and after visits to these sites.
The purchase of décomatic products does not imply the transfer of any intellectual property rights related to this object.
ARTICLE 9 – DISPUTES
All disputes arising from the sales transactions covered by these terms and conditions of sale shall be submitted to the Commercial Court of Vienne (Isère), which is expressly accepted by the Buyer.
ARTICLE 10 – APPLICABLE LAW
All the clauses contained in these general terms and conditions of sale as well as all the purchase and sale operations referred to herein shall be subject to French law.