Article 1 – Wholeness
1.1 These general conditions express the whole conventional obligations of the parties. In this sense, the buyer is presumed to accept them unreservedly. Any order constitutes acceptance, without condition or reservation, of the general conditions of sale in effect from the order date by the buyer. By buyer, is understood, the “consumer” as defined by the French Consumer Code. Our catalogues and online offerings are directed only to consumers, as thus defined.
1.2 SPTD reserves the right to modify occasionally its general conditions. They will apply as soon as they are published online. However, the version applicable to the buyer is the one in force on the site on the date the order is placed.
1.3 If a condition of sale had been lacking, it would be considered to be governed by the uses in force in the area of distance selling whom companies have their headquarter in France.
Article 2 –Purpose
2. The purpose of these general conditions is to define the rights and obligations of the parties in the context of the distance selling of the products marketed by SPTD on the website www.myproject.o-mur.com, namely equipment for housing layout.
Article 3 – The order
3.1 The buyer has the possibility to order online, from the online catalogue and using the form that appears on the website www.myproject.o-mur.com. It is the buyer’s responsibility to select on the website the products he desires to order according to the practices followed: select the product(s), add it to cart, create a customer account, validate the address and the delivery method, proceed to the payment.
3.2 To validate the order, the buyer will have to accept, by clicking where indicated, these general terms and conditions of sale, which could be backed up and/or reproduced by the buyer. He will also have to choose the address and delivery method, and at least the payment method.
3.3 Any order implies acceptance of the price and description of the product available for sale from the order date. The main characteristics of the product and including the specifications, illustrations and indications of the product size and capacity, are presented on the website www.myproject.o-mur.com. The buyer is required to refer to the product description in order to know the properties and the essential features.
3.4 The sale will be considered as definitive only after the order acceptance confirmation has been sent to the buyer by e-mail and the full payment has been received by SPTD.
The buyer has the opportunity to verify the details of his order, its total price and to correct any error before confirming his acceptance (in accordance with the provisions of article 1127-2 of the French Civil Code). This validation constitutes a proof of the contract sale.
It is therefore up to the buyer to verify for order correctness and to report immediately any discrepancies. Any order placed on the website www.myproject.o-mur.com constitutes a distance contract concluded between the buyer and SPTD.
In case of wrong address or any other difficulty attributable to the buyer, SPTD reserves the right to block the order until the difficulty is resolved.
3.5 SPTD reserves the right to refuse any order for legitimate reasons and in particular in case the ordered quantities are abnormally high compared to the quantities usually ordered by the buyer or a private individual. SPTD may refuse to execute an order if the buyer is deemed to be insolvent or if SPTD has experienced, in the past, a payment incident with the buyer. Benefit from the order is personal to the buyer and cannot be given up without prior and written agreement of SPTD. The order is neither transferable nor transmissible by the buyer to any third parties.
3.6 In the event that raw materials supplies are difficult to obtain and, a fortiori, in case of shortage, SPTD will respond to the order as far as its availabilities. In case of unavailability of the product or spare parts ordered, SPTD will inform the buyer by e-mail and, in case of definitive unavailability, could propose a product of equal value in terms of quality and price or, failing that, an advance of the deposit or the price received on a next purchase. In the event of buyer’s refusal, SPTD will reimburse the amounts paid within 14 days maximum. Except the reimbursement of the amounts paid, SPTD shall not be held to pay any cancellation fee, except if the breach of the contract is solely and directly due to him.
3.7 SPTD is obliged to deliver a product in accordance with the one ordered. Nevertheless, SPTD can make any changes to the product ordered related to technical upgrades in the conditions defined by the article R. 212-4 of the French Consumer Code.
Article 4 – Electronic signature
On-line supply of the buyer’s bank account details and the final validation of the order shall constitute proof of the buyer’s acceptance and payability of the amount due under the order.
Article 5 – Acceptance of the general terms and conditions of sale
5.1 The general terms and conditions of sale are available on the website www.myproject.o-mur.com, and during the process of online order procurement (downloadable and printable) or by request to the address contact@o-mur.com.
Buyer’s order validation constitutes acceptance without any restriction or reserve of the general terms and conditions of sale.
The buyer acknowledges having read and accepted the general terms and conditions of sale by ticking the box provided therefor in advance of the online process order and the general conditions of use of the website www.o-mur.com
Article 6 – Proof of the transaction
The computerized records, stored in SPTD computer systems in reasonable security conditions, will be regarded as the evidence of the communications, order and payment occurred between the parts. The filling of purchase orders and invoices on a reliable and a long lasting support being able to be produce as evidence.
Article 7 – Product information
7.1 Products and spare parts subjected to these general conditions are those that appear on the SPTD website at the order date and which are indicated as sold and shipped by SPTD. They are offered while stock is available.
7.2 Products and spare parts are described and presented as accurately as possible.
7.3 Products and spare parts’ pictures are not binding.
Article 8 – Prices
8.1 Prices are determined by the operative rate on the day of the order, plus postage. Unless indicated, prices are quoted in euros. Prices includes the applicable VAT on the day of order and any change of the applicable VAT rate will be reflected in the price of the online outlet products.
8.2 Prices indicated by STPD are firm and definitive at the order date and are guaranteed until the delivery day. If the delivery is not made within the time limit, the prices guarantee will be extended until the actual delivery day, unless this delay is attributable to the buyer.
8.3 SPTD could revise its prices at any time, but agrees to apply the operative rates indicated at the order ime. If one or more taxes or contributions, in particular environmental, had to be created or modified, this change could be reflected on the sale price of the products.
8.4 No order could be taken in account in the absence of a full payment.
8.5 In case of default of payment, total or partial, SPDT reverses the right to request the sale execution and the price payment, it being specified that all sums due by the buyer will bear interest from the due date at the legal rate of interest, or to cancel the sale with, as appropriate, the product or spare part restitution, by simple registered letter with acknowledgement of receipt, and to keep, as compensation, any amount paid.
8.6 If the buyer requires the delivery postponement of the product or spare part ordered beyond the date stated, SPTD reserves the right to invoice the costs of storing, it being specified that the delivery postponement may not exceed thirty (30) days.
Article 9 – Payment method
9.1 It’s an order with an obligation of payment, which means that the order placement involves a full payment from the buyer.
9.2 To settle his order, the buyer is required to pay with credit card. The buyer guarantees to SPTD that he arranges authorization possibly necessary to use the payment method during the validation of the order form. SPTD reserves the right to suspend any order management and any delivery in the event of a refusal authorization of credit card payment on behalf of the officially accredited organizations or in case of non payment. SPTD reserves, in particular, the right to decline a delivery or to honour an order from a buyer who has not settled totally or partially a previous order or with whom a dispute relative to a payment may be on-going. SPTD uses orders process verification to ensure that no person may use the bank details of another person unwittingly. In this audit, the buyer may be required to send by fax a copy of an identity document and a proof of address. Documents sent must be received and verified before the order is confirmed.
Article 10 – Title retention clause
10.1 The transfer of ownership will intervene only after full price payment. Delivered and invoiced product remains SPTD property until full payment. Payment is understood to mean the effective receipt of the price, the presentation of a bill of exchange or any other document, which create an obligation to pay, does not constitute a payment. Nevertheless, it’s expressly stated that the buyer is responsible of the product or spare part in his hands as soon as its physical delivery. The possession or control of the product or spare part leading to risk transfer.
10.2 The buyer shall abstain, before full price payment, from reselling or pledging any product or spare part sold except SPTD prior written agreement.
10.3 The buyer is answerable for any loss, deterioration, theft and/or depreciation that could occur in the product or spare part sold, for any reason whatsoever, before full price payment. Consequently, the buyer agrees to take, from an insurance company, an insurance covering any risks above.
10.4 In case of claim or resolution, possible disassembly and repair expenses shall be borne by the buyer.
Article 11 – Products availability – reimbursement
11.1 Except in case of force majeure or during the online store closed period which will be clearly featured on the website home page, the shipment delays, while stock is available, will be those indicated below. Shipment delays start to run from the registration date of the order mentioned on the confirmation order e-mail.
11.2 For deliveries in metropolitan France, the delay shall be 7 business days for a pick-up& Go delivery and 2 business days, or 48h for a GLS delivery as of the day following the buyer’s order.
11.3 In case of non-respect of the contractual deadlines, the buyer can cancel the contract by registered letter with acknowledgement of receipt, after having given notice to SPTD to ensure delivery within a reasonable additional delay. However, if he wishes, the buyer can immediately cancel the contract, if the dates and delays mentioned above constitute for him an essential contract condition. In this case, when the contract is cancelled, SPTD will reimburse to the buyer the totality of the amounts paid, no later than 14 days after the date on which the contract had been terminated.
11.4 The spare parts essential to use the products are available for a period of three (3) months from the purchase date of the product.
Article 12 – Delivery
12.1 The delivery is done only after payment confirmation by SPTD banking institution. In accordance with the provisions of article L.216-1, paragraph 3 of the French Consumer Code, the delivery is made by physical delivery of the product by shipper or carrier to the buyer, to the address indicated on the order form.
12.2 For want of address indicated on the order form or in case of address unreported, the product(s) or spare parts are stored on the SPTD’s premises at the buyer’s expense and risk. In case of incorrect address, the product(s) or spare parts are stored on the carrier’s premises. SPTD reserves the possibility of invoicing storage expenses (his or those of the carrier) at the effective delivery date.
If the products ordered have not been delivered within a delay of 15 days after the order date, for any reason other than force majeure, the sale might be cancelled from written request by the buyer under conditions provided in articles L 216-2 L 216-3 and L 241-4 of the French Consumer Code.
The amounts paid by the buyer will be refunded no later than 14 days after the date contract termination, excluding any compensation or withholding.
12.3 In case of full non-payment of an invoice that is due, SPTD reserves the right to suspend any other current delivery and/or forthcoming.
12.4 If at delivery time, the original packaging is damaged, torn, opened, the buyer must verify the product(s) or spare parts state. If they have been damaged, the buyer must refuse the package and write a reserve on the delivery note (package refused for damage or open).
12.5 The buyer has to indicate on the delivery form and in the form of handwritten and precise reserves accompanied with his signature any anomaly (damages, product missing compared to delivery form, package damaged, product broken…). This verification is considered made when the buyer, or a person authorized by him, signed the delivery form.
12.6 The buyer will have to confirm by registered mail these reserves to the carrier no later than 48 hours after the reception of the item(s) and send a copy of this mail by fax or mail to SPTD to the address indicated in the website legal notice or at the end of these general terms and conditions of sale.
Article 13 – Transport
13.1 In accordance with article 8.1, the transport costs will be invoiced in addition to the product price ordered by the buyer (except specific conditions agreed in writing).
13.2 When the product is delivered by a carrier, the buyer is responsible for checking, in the presence of the carrier, the state of the product delivered and, in case of damage or missing, to emit precise reserves (damage, item missing compared to delivery form, package damaged, product broken..) on the carrier note. Any package whose band of guarantee would have been removed or affected will have to be imperatively refused at delivery.
13.3 In case of delivering by a shipper or a carrier, the product is exclusively delivered at the entrance of places of the address specified on the order form, on public road, on the edge of property or renting, it is up to the buyer to ensure the product transport to the desired location, as the product is not delivery inside a domestic premises or any other premises.
13.4 The risks of loss or damage of the products are transferred when the buyer, or a third party he designates, takes physical possession of the product, without any distinction according to the nature.
13.5 The product delivered to the buyer by a carrier chosen by SPTD, travels at SPTD’s risk..
Article 14 : Claims – return
14.1 Any claim must be made to SPTD (contact information at the end of the document) by e-mail, postal service or fax within 48 hours after merchandises reception. It’s the buyer’s responsibility to provide any justification regarding the reality of lack of conformity, hidden defect or alleged anomaly. He shall give to SPTD every opportunity to proceed to the claim ascertainment and to remedy if appropriate. A STPD’s salesperson or technician may have to go there for appraisal. The buyer will refrain, in the meantime, from intervening himself or from bringing in a third party at this end.
14.2 The product covered under legal guarantee must be returned in new condition, complete and in its original condition and packaging upon receipt and agreement confirmation by STPD after-sales service. The product returned must be accompanied by a return voucher fixed on the package in the condition in which it was delivered by STPD. The buyer will be reimbursed for return postage no later than thirty days after the receipt of the product by STPD.
14.3 In the absence of solution within 21 days following buyer’s claim to STPD after-sales service, the buyer can refer to the consumer mediator who will seek an amicable agreement. The buyer recognizes that the mediator, whom name and contact details are mentioned below, has exclusive competence to handle, within mediation process, disputes arising out of this document and contract therein which might be signed later on :
Consumer mediator’s name and contact details:
Mr Christian DELESALLE Fédération du Commerce et de la Distribution (Trade and Retail Federation)
12 rue Euler 75008, Paris
E-mail : cdelesalle@fcd.fr
Article 15 : Legal guarantee
SPTD reminds buyer that he benefits from the following legal guarantees:
SPTD is bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-4 of the French Consumer Code and the one relating to the good sold defect, under the conditions provided for in articles 1641 to 1649 and 2232 of the French Civil Code.
When acting in legal guarantee of conformity, the consumer benefits from a two years delay following the good delivery to act; he can choose between repair or replacement of the good, subject to cost conditions provided for in article L 217-9 of the French Consumer Code; except for second-hand goods for which the delay is six months, he shall not be required to prove the existence of the conformity default of the good through twenty-four months after good delivery.
The legal guarantee of conformity applies irrespective of the commercial guarantee possibly agreed.
The consumer can decide to implement the guarantee against good sold hidden defects under article 1641 of the French Civil Code; in this hypothesis, he can choose between the sale cancellation or a reduction of the selling price in accordance with article 1644 of the French Civil Code.
- Article L217-4 of the French Consumer Code: “The seller is required to deliver goods in conformity with the contract and respond to any conformity defects which exists at the time of delivery. He also responds to conformity defects resulting from packaging, assembly or installation instructions when these have been made his responsibility by the contract or have been produced under his responsibility.”
- Article L217-5of the French Consumer Code: “The good is in conformity with the contract :
2° If it presents the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer, which was made known to the seller and which the latter agreed to.»
- Article L217-12 of the French Consumer Code: “Action resulting from defects in conformity lapses after two years from the delivery of the good. » – LWhen acting in legal guarantee of conformity, the consumer :Can choose between repair or replacement of the good, subject to cost conditions provided for in article L 217-9 of the French Consumer Code ; He shall not be required to prove the existence of the conformity default of the good through twenty-four months after good delivery except for second-hand goods, for which the delay is six months (article 217-7 of the French Consumer Code). The consumer can decide to implement the guarantee against good sold hidden defects under article 1641 and following of the French Civil Code (reproduced below); in this case, he can choose between the sale cancellation or a reduction of the selling price in accordance with article 1644 of the French Civil Code.
- Article 1641 of the French Civil Code: “ The seller is bound to a guarantee on account of the hidden defects of the good sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”
- Article 1644 dof the French Civil Code: “ In the case of articles 1641 and 1643, the buyer has the choice to return the good and obtain the return of the price, or keep the good and receive a part of the price, as it will be judged by experts”.
- Article 1648 first paragraph of the French Civil Code: “ The action resulting from prohibitive defaults must be bought by the buyer within a period of two years following the discovery of the default”.
- In order to preserve his rights, the buyer will have to inform STPD, by written, of the products non-compliance within the delays mentioned above and return or bring back to the store the defective products in the condition in which they were received with all the elements (accessories, packaging, notice…).
- SPTD will reimburse, replace or repair the products or spare parts under guarantee judged non-compliant or defective. In case of delivery, shipping fees will be reimbursed on the basis of invoiced price and the return costs will be reimbursed upon presentation of a receipt.
- The reimburses of the products judged non-compliant or defective will be made as soon as possible and no later than thirty days following STPD observation of the conformity default or hidden defect. The reimbursement will be carried out by credit on the buyer’s bank account or by cheque addressed to him. SPTD’s responsibility cannot be engaged in the following cases :
2° In case of misuse, professional purpose use, negligence or faulty maintenance on the buyer’s part, as well as normal wear of the product, accident or force majeure. LThe guarantee is, in any case, limited to the replacement or reimbursement of the products non-compliant or affected by a hidden defect.
- Guarantor’s name and address: SPTD, Mérignac Innolin, 10 rue du Golf 33700 MERIGNAC.
Article 16 : Responsibility
SPTD’s responsibility may not be held in case of non-performance or improper execution due either to an act of a third party, or to force majeure.
Article 17 –Right of withdrawal
17.1 Except for contracts of good supplies made in accordance buyer specifications or clearly personalized, such as tailor-made goods, and for good supplies contracts which, after have been delivered and by their nature, are inextricably mixed with other items (contracts on which the withdrawal contract cannot be exercised), the buyer has up to 14 days to exercise his withdrawal right. The withdrawal delay expires fourteen days from the day that the consumer, or a third party other than the carrier designated by the buyer, takes physically possession of the good. If it is a contract for several items ordered by the buyer by means of a single order and if these goods are delivered separately, the withdrawal delay expires fourteen days from the day that the consumer, or a third party other than the carrier designated by the buyer, takes physically possession of the last good. If it is a contract for the delivery of a good in different lots or parts, the withdrawal delay expires fourteen days from the day that the consumer, or a third party other than the carrier designated by the buyer, takes physically possession of the last lot or the last part.
17.2 To exercise the withdrawal right, the buyer has to notify his withdrawal decision of this contract using the withdrawal form attached or any other declaration free of ambiguity, expressing the willingness to withdrawal, by registered letter with acknowledgement of receipt to SPTD.In order to respect the withdrawal delay, it is sufficient that the buyer transmits his communication concerning the withdrawal right exercise before expiration of the withdrawal delay. In case of withdrawal, SPTD will reimburse the buyer any payments received by the buyer, including the delivery costs (excepting additional charges resulting from that the buyer would have chosen, if so, a delivery method other than the less expensive standard delivery method proposed by SPTD) without undue delay, and, in any case, no later than fourteen days from the day on which SPTD is informed of the withdrawal decision of this contract. SPTD will proceed to the reimbursement using the same payment method than the one the buyer has chosen for the original transaction, except if the buyer agrees expressly on a different method; in any case, this reimbursement will not entail any costs to the buyer.The buyer will have to return or give SPTD back the good without undue delay, and, in any case, no later than fourteen days after the withdrawal decision communication of this order. This delay is deemed to be respected if the buyer returns the good before the fourteen days delay expiration. The buyer will have to bear the direct costs of good returning. If, the good, due to its nature, cannot be normally mailed back, the costs are estimated to a maximum of about 150 (one hundred and fifty euros) euros including VAT. SPTD may withhold the reimbursement until he has received the good or until he has received a proof of the good expedition, whichever of the two is the earliest.
17.3 Only products or spare parts will be taken as a whole returned, in their original packaging complete and intact, and in perfect condition for resale. Any product which will have been damaged, or whose original packaging will have been damaged, will not be reimbursed or exchanged. The buyer shall only be liable for any diminished value of the good resulting from handling other than what is necessary to ascertain the nature, characteristics and good functioning of this good.
Article 18 – Case of absolute necessity,
The parties will not be held liable if the non-performance or the delay in the performance of the one of their obligations, such as described in these, rise from force majeure, under the terms of article 1218 of the French Civil Code. SPTD’s responsibility shall not be engaged when delivery delay is due to force majeure or fortuitous event.
18.2 First of all, any force majeure will suspend the contract execution; registered letter with acknowledgement receipt would notify this. In any case, the contractual delay will be automatically extended by the delay impact. If force majeure lasts more than one month, SPTD or the buyer could terminate this contract at will, without any compensation, on both sides, by registered letter with acknowledgement receipt notification. Nevertheless, the buyer will due the cost of the entire work already engaged by SPTD.
Article 19 - Intellectual and industrial property
Any drawings, trademarks, photographs, texts, images, plans, diagrams, and generally any element relating to the products or spare parts conception and construction, marked by SPTD as well as any technical or commercial information on the website www.myproject.o-mur.com are SPTD’s property, sole owner of the industrial and/or intellectual rights to these elements and cannot be reproduced or communicated to any third party without prior written agreement of SPTD. Any representation and/or reproduction, wholly or in part, of a SPTD’s industrial and/or intellectual right will constitute a forgery and may incur civil and criminal liability for its author.
Article 20 - Data processing and individual liberties
Unless otherwise specified, personal data collected are mandatory for order processing and its tracking. They are the object of a treatment applied by SPTD, having objectives of customer management and commercial prospection. According to the data processing and individual law of 6th January 1978, the buyer has the right to access and rectify the data about him as well as to object, for legitimate reasons, to the processing of these data; the buyer can exercise this right by addressing SPTD; any demand shall be accompanied by a copy, both sides, of an ID document. Cookies: when you connect to a web server, a number of data is sent to the browser and storage on the buyer’s computer’s hard disk. These data are regrouped in a file called “cookies”. Which allows to record the information relative to the buyer’s navigation through his computer on the website (pages viewed, date and hour of the consultation…) and contributes thus to facilitate the use of the website by the buyer, in particular during subsequent visits. The length of conservation of these data in the buyer’s computer is of one year. The buyer can, if he wishes, delete all cookies via his browser.
Article 21 : Diverse
21.1 The fact for SPTD of not requiring at any time the strict application of one or several clause(s) of these general terms and conditions of sale could never be interpreted as a renunciation to prevail over the future or as a renunciation to another clause or to the whole general terms and conditions of sale.
21.2 A contractual clause nullity does not lead the general terms and conditions of sale nullity.
21.3 These general conditions are established in French language, version that will prevail over any other version susceptible to be written in a foreign language.
21.4 SPTD reserves the right, at any time, to interrupt temporarily access to all or part of the website for technical reasons, contractual condition modifications or website compliance with legal or supplementary provisions and without informing beforehand the buyer.
Article 22 :Applicable law-competent jurisdiction
22.1 This contract is governed by the French law..
22.2 In case of dispute, the competent Court will be designated in accordance with the law.
SPTD CONTACT DETAILS :
SPTD, single member simplified limited company with social capital of 70.000 euros registered at Bordeaux Company Register under the number 415 014 018.
Head office address: SPTD, 10 rue du Golf Parc Innolin Bat M2 33700 Mérignac
Phone number: +335 57 53 39 90
Fax number: +335 56 47 30 94
E-mail: sptd@sptd.fr »