ARTICLE 1. PREAMBLE
1. The company be concept, a limited liability company with a capital of 5,000 euros, having its registered office at 77-79 boulevard Alexandre Martin in Orléans (45000) and identified under the unique number 851 187 542 RCS Orléans (hereinafter referred to as "the Company" or "sabine be life") allows Internet users to purchase products that sabine be life markets, via its specific online store on the website www.sabinebe.com (hereinafter the "Site"), sunglasses with non-corrective lenses, optical glasses with non-corrective lenses, as well as sabine be life® brand products.
2. Any order placed with sabine be life, on the e-commerce space dedicated to it within the Site implies the prior acceptance of these general conditions of sale (hereinafter the "GTC").
3. The buyer has the option to save and print these GTC using the standard features of his browser or computer.
4. The buyer declares to have obtained all the necessary information regarding the use of the online sales space and the quantitative and qualitative characteristics of the products.
5. The buyer acknowledges that he is fully aware of the fact that his agreement to the content of these GTC does not require the handwritten signature of this document.
6. The buyer's agreement to these GTC comes into effect with the order, no order is possible without this agreement.
7. The purchaser also declares that the acquisition of the products is not directly related to his professional activity, their acquisition being exclusively intended for a private and non-professional personal use of his part.
8. As a consumer, the buyer has specific rights that could be called into question in the event that the products acquired on the Site are related to his professional activity.
9. The buyer declares to be of legal age and to have full legal capacity to commit himself under these GTC.
ARTICLE 2. ACCEPTANCE OF THE CGV
10. Acceptance of these GTC in the form of a "double positive click" constitutes proof that the buyer has taken cognizance of the said provisions and is equivalent to acceptance of the present.
ARTICLE 3. DEFINITIONS
11. The following terms shall have the following meanings for the parties:
"Acknowledgement of receipt": an e-mail sent to the buyer summarizing the order placed by the buyer and confirming its receipt;
"Positive double click": the click is the electronic formulation of "yes" or acceptance. The technique of the double positive click is understood as a check box that marks the buyer's agreement and a second click that marks the confirmation of this agreement. The click is said to be "positive" when the buyer is given the choice to validate his acceptance of the GTC and his order, after having been able to check the details and the price, and to have corrected any errors;
"basket": order interface in which the products chosen by the buyer are found;
"order number": number communicated in the acknowledgement e-mail sent to the buyer;
"product": sunglasses equipped with non-corrective lenses, optic glasses equipped with non-corrective lenses, as well as accessory products of the sabine be life® brand (jewelry, accessories, fashion wear...) offered for sale on the online sales store of the selected Shop (hereinafter the "Product(s)").
ARTICLE 4. PURPOSE
12. The Site is an e-commerce site accessible via the Internet and/or mobile networks. It allows the sale of Products to any adult browsing the Site.
13. The purpose of these GTC is, on the one hand, to inform any potential buyer on the terms and conditions under which sabine be life proceeds with the sale and delivery of products ordered and secondly, to define the rights and obligations of the buyer and sabine be life in the context of the sale of products referred to above made between the latter.
14. The order made by the buyer and the payment thereof is made on the Site with sabine be life.
ARTICLE 5. ENFORCEABILITY OF THE CGV
15. The buyer declares to have obtained from sabine be life all necessary information about the services and products offered and adheres without reservation to the GTC.
16. The version of the GCS opposable to the buyer is the one accepted at the time of the validation of the order.
17. The present GTC are proposed in French language.
ARTICLE 6. RECOMMENDATIONS
18. For sunglasses with non-corrective lenses: it is essential to find out about the different categories of protection.
19. The Products are delivered in their original packaging. In case of intolerance to the said Products, sabine be life cannot be held responsible.
20. These recommendations are of an informative nature.
ARTICLE 7. ONLINE INFORMATION
25. As part of the sale of Products on the Site, Sabine be Life offers a description of the Products in the form of product sheets. In this respect, the greatest care is taken to put information online, particularly concerning the essential characteristics of the Products offered for sale, guarantees, payment and delivery terms, prior to placing the order.
26. Sabine be life declines all responsibility for any misuse of the information provided and for the consequences that may result, particularly with regard to decisions that may be made or actions that may be taken based on this information.
27. As such, the buyer remains solely and exclusively responsible for the use of the information.
ARTICLE 8. CREATION OF AN ACCOUNT - LOGIN AND PASSWORD
28. In order to place an order on the Site, the buyer must first create an account with a personal identifier and password that the buyer has chosen (hereinafter the "Account").
29. The creation of this Account is done online, without additional cost. It is based on a declarative procedure allowing to enter the buyer's details (name, first name, postal address and e-mail address, telephone number). The buyer must ensure that his contact information is complete and updated regularly (by visiting the "your account" area of the Site).
30. Buyer shall take all necessary steps to ensure that its password remains confidential and secure.
31. The buyer is solely responsible for the validity and completeness of the information he has provided.
ARTICLE 9. ORDER
9.1 Product selection
33. The purchaser is solely responsible for the choice of Products and their suitability for his/her needs, and Sabine be Life shall not be held liable in this regard.
9.2 Product availability
34. In the event of total or partial unavailability of Products after the completion of the order, the buyer will be informed by e-mail as soon as possible of the unavailability of the product and of the total or partial cancellation of his order.
35. In case of total or partial cancellation of the order :
the buyer will be reimbursed for the price of the unavailable Product(s) as soon as possible and, at the latest, within 30 (thirty) days from the payment of the amount made by the buyer;
the reimbursement will be made by the same means of payment that the buyer used to pay for the order;
Sabine be Life will contact the buyer by e-mail to inform him/her of the total or partial cancellation of the order and to offer him/her the possibility of renewing it
36. The orders made by the purchaser are carried out via the basket.
37. Any order accepted by the buyer by "double click" constitutes an acceptance of the said order and of these GTC.
9.4 Confirmation of contractual information
38. The order will be confirmed by e-mail as soon as possible.
39. This confirmation shall include, but not be limited to, the following contractual information:
the name of the seller of the Product (Sabine be Life), its telephone number enabling contact with it, the address of its registered office and, if different, the address of the establishment marketing the products ordered;
the place where the buyer can collect the products or the delivery address indicated by the buyer;
the terms of payment, the total amount of the payment;
the existence of the right of withdrawal;
the contact details of the establishment to which the buyer can submit his complaints
10.8 Receipt of the product at the address indicated by the buyer :
A/ Terms of delivery
40. Once the order has been processed, it is shipped to the postal delivery address provided by the buyer when placing the order.
41. For deliveries outside metropolitan France, customs taxes are at the buyer's expense.
B/ Delivery times
42. The products are delivered within a maximum of ten (10) working days from the day of the order.
Deliveries in France and Europe will be delivered between 24 and 48 hours.
43. Sundays and holidays are not considered working days.
44. In the absence of delivery at the end of this period, the purchaser has the possibility of cancelling his order under the conditions envisaged in the article "delay of delivery" of the present GCS.
C/ Delayed delivery
45. In case of exceeding the maximum delivery time mentioned above, the buyer can exercise his right to denounce the order by email with acknowledgment of receipt to the Customer Service at the following address: firstname.lastname@example.org or by registered mail with acknowledgment of receipt to Sabine be life.
48. The buyer will be reimbursed for the totality of the sums paid (including delivery costs), according to the method of payment used, within a maximum period of fourteen (14) days from the receipt of the denunciation, to the exclusion of any other compensation.
49. Each delivery is deemed to have been made as soon as the Product(s) is (are) made available to the purchaser by the deliverer.
50. it is the responsibility of the buyer to verify immediately upon receipt of the product(s), the conformity and integrity of the product(s) shipped.
51. Any anomaly or reserve identified by the purchaser at the time of the delivery (in particular delay of delivery, missing or damaged product) must be announced in a precise way to the Customer service to the following address: email@example.com.
52. The prices are indicated in euros including all taxes applicable in Metropolitan France. They take into account the Value Added Tax (VAT) on the day of the order.
53. The selling price applicable to the buyer is the one appearing on the Site at the day of the validation of the order by the buyer.
54. Furthermore, if a tax or contribution is created or modified, either upwards or downwards, this change will be reflected in the selling price of the products present on the Site and sales documents.
55. Prices do not include shipping costs.
56. Shipping costs are mentioned in the summary of the quote before the validation of the order and are charged extra.
57. It is specified that any promotions granted in the form of coupons are only valid for one order per person and for a given period of validity and cannot be combined with other promotional offers.
9.4 Retention - Archiving
58. The written record of the purchaser's order shall be preserved for a period of ten (10) years from the date of the delivery for which the order was placed. Access at any time during this period is guaranteed.
59. A copy of these documents will be sent to any purchaser who requests them during the above-mentioned time periods at firstname.lastname@example.org.
9.5 Method of payment
60. Orders are payable immediately online by credit card (Amex, Carte bleue, Visa, Mastercard).
61. Sabine be life reserves the right to suspend and/or cancel any execution of the order, whatever its nature and level of execution, (i) in the event of non-payment or partial payment of any amount due by the buyer, (ii) in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, (iii) in the event of non-presentation of the original order, or (iv) in the event of an existing dispute with the buyer.
62. The order is final only when it has been confirmed by the payment of the price by the buyer, being specified that the payment by credit card triggers a systematic request for authorization of debit and that any rejection, whatever the cause, implies the abandonment of the said order. The buyer will be informed.
63. The Site is subject to a security system via the SSL encryption process which protects all data related to payment methods as effectively as possible.
ARTICLE 10. RESERVATION OF OWNERSHIP
64. Sabine be life retains full ownership of the Products sold until full payment of the price, including taxes and compulsory contributions.
ARTICLE 11. MINORS
65. Sabine be life sells products for children. If the buyer is under 18 years of age, he/she may only proceed with the purchase with the prior written consent of his/her legal representative.
ARTICLE 12. GUARANTEES
66. The information concerning the possible guarantees relating to the products offered with the sale (in particular duration, conditions and particular methods of the guarantee according to the products and marks concerned) are diffused on line if necessary.
67. Independently of any guarantees that may have been granted, Sabine be life shall remain liable for :
(a) The legal guarantee of conformity (art. L. 211-1 to L. 211-4 of the Consumer Code)
A property is compliant, according to L. 211-5, when it is either:
- fit for the purpose ordinarily expected of similar goods, etc., (i) that it corresponds to the seller's description and possesses the qualities presented in the sample or model and (ii) that it has the qualities that a consumer may legitimately expect following the public statements of the seller, producer or representative (advertising, labeling, etc.). The declarations of the latter two professionals are not binding on the seller when the latter does not know them and is not in a legitimate position to know them.
- has the characteristics defined by the parties or is fit for the special purpose intended by the buyer, known to the seller and accepted.
The action in guarantee of conformity is prescribed by 2 years as from the delivery of the good. The consumer can obtain the resolution of the contract or the reduction of the price of the good if the defect is major and that the delay of the chosen solution exceeds 1 month from the request or that no means is feasible.
(b) The legal guarantee against hidden defects (art. 1641 to 1649 of the Civil Code)
The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.
The professional is not bound by apparent defects of which the buyer could convince himself, but by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. The defect must be prior to the sale and render the products unfit for the use for which they are intended.
The buyer has the choice to return the item and have the price returned or to keep the item and have part of the price returned. The time limit to act is 2 years from the discovery of the defect.
The legal guarantee applies independently of any commercial guarantee that may have been granted.
68. In case of failure, the buyer must return the Product to Sabine be life.
69. The warranty is excluded in the event of damage resulting from a cause external to the product or from a fault of the purchaser resulting for example from a use not in conformity with the specifications of the manufacturer, the instructions or the corresponding medical prescription, a use harmful to the good conservation of the Product, a commercial or collective use.
ARTICLE 13. RESPONSIBILITY
70. Sabine be life cannot be held responsible if the non-fulfillment of its obligations is attributable to a third party or to the buyer or to a case of force majeure as defined by the French jurisprudence.
71. Similarly, the responsibility of Sabine be life can not be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
72. In addition, Sabine be life shall not be held liable in the event of misuse of the Product by the buyer.
ARTICLE 14. RIGHT OF WITHDRAWAL
73. The buyer has a period of fourteen (14) clear days from the day of receipt of the order, to exercise his legal right of withdrawal without having to justify reasons or pay penalties.
74. To this end, the Buyer must fill in the standard withdrawal form which can be downloaded here and send it by e-mail with acknowledgement of receipt to the following address: email@example.com or by registered post with acknowledgement of receipt to the following address Sabine be life Customer Service, 77-79 boulevard Alexandre Martin in Orléans (45000). If the fourteen-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
75. The Products must be returned within fourteen (14) days of the withdrawal request, at the buyer's expense, in their original packaging. The Products must be accompanied by a copy of the purchase invoice and a copy of the withdrawal form previously sent to Customer Service.
76. The buyer exercising his right of withdrawal will be reimbursed for the amount of the order of the returned Products (including, if applicable, the delivery costs).
77. The refund will be made via the means of payment used at the time of the order, as of the reception of the Products by Sabine be life.
78. In accordance with article L. 121-21-8, 5° of the French Consumer Code, for reasons of hygiene and conservation of the Products, the purchaser will not be able to exercise his right of withdrawal when the packaging of the Products has been opened.
79. In any case, no refund will be made in the event that the Products have been damaged by the buyer or in the event of missing products.
ARTICLE 15. PERSONAL DATA
15.1 Collection and processing of personal data
80. In accordance with the provisions of the law of January 6, 1978 relating to data processing, the files and freedoms modified, the purchaser is in particular informed that his data are intended for Sabine be life salesman of the products, and if necessary with the conveyor, at ends of :
management and follow-up of the registration to the Site, of the customer relationship;
management and follow-up of the orders, their payment, their delivery;
81. The fields identified in the forms on the Site by an asterisk are mandatory. Failure to do so may affect access and registration to the Site, or make it impossible to process requests.
82. Some of the data collected may be communicated to business partners of sabine be life for commercial prospecting purposes, subject to the express prior consent of the buyer.
83. The buyer is informed that he has a right of access, of interrogation, and of correction which allows him, if necessary, to make rectify, supplement, update, lock or erase the personal data concerning him.
84. The buyer also has the right to object to the processing of his data for legitimate reasons as well as the right to object to the use of his data for commercial prospecting purposes by sabine be life.
85. All these rights can be exercised at the following address: firstname.lastname@example.org.
86. The purchaser has the right, upon written request accompanied by a copy of an identity document, to receive a copy of the information on the processing of the data concerning him.
87. The buyer expressly authorizes sabine be life to collect his personal data for the execution of his requests and to host them.
15.2 Updating of personal data
88. In order to be able to update his personal data, the buyer commits himself to provide all the requested information.
89. In order to receive the best possible service, he/she agrees to regularly update the information concerning him/her. In this respect, he/she sends an e-mail to email@example.com or makes changes via his/her "my account" space.
89. The buyer is informed that the Site can use with his agreement the technologies of geolocation in order to personalize the use of its services.
90. The data collected may include GPS coordinates, the IP address of the terminal used, or information about the buyer's location when using the Site.
91. These data are kept temporarily and are deleted regularly.
92. The geolocation data is anonymized and does not allow the identification of the buyer.
93. The buyer is informed that during his visits to the Site, a cookie may be installed, subject to his agreement, on his browser.
94. The cookie is a block of data used to record information relating to the buyer's navigation on the Site and in particular is intended to indicate the buyer's passage on the Site and to allow him/her access to the purchase area of the Site.
95. Cookies are used to store status information when a browser accesses different pages of the Site or when that browser later returns to the Site.
96. Some of these cookies are used exclusively to enable or facilitate electronic communication.
97. Others are strictly necessary for the provision of an online communication service at your express request.
98. Finally, when a user visits the Site, sabine be life collects information relating to the connection and behaviour of visitors for statistical purposes (number of visitors, pages visited).
99. This information does not allow a direct identification of users and sabine be life does not take any steps to identify them. In particular, it does not establish any cross-referencing or reconciliation between the personal data that you are asked to provide, for example, in the forms on the Site or when you connect to your space, and the information required for statistics, in order to identify you.
100. sabine be life uses Google Analytics, a web analysis service provided by Google Inc. ("Google").
101. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google entities are adherents to the Safe Harbor and ensure an adequate level of data protection (Decision 2000/520/EC of 26-7-2000).
101. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
102. You can go to http://tools.google.com/dlpage/gaoptout to prevent Google Analytics cookies from being installed on your terminal.
103. Your attention is drawn to the fact that when you object after having consented to the installation of cookies, a refusal cookie is installed on your electronic communications terminal equipment. In particular, if you delete this refusal cookie from your terminal, it will no longer be possible to identify you as having refused. Similarly, when you consent to the installation of cookies, a consent cookie is installed. Whether they are of consent or refusal, the cookies must remain on your terminal equipment.
ARTICLE 16. EVIDENTIARY AGREEMENT
104. The computerized registers kept in the computer systems will be preserved in reasonable conditions of security and considered as proof of the communications, orders and payments made between the parties. They are authentic until proven otherwise.
105. Orders and invoices are archived on a reliable and durable medium that can be produced as proof.
ARTICLE 17. RESPECT OF THE INTEGRITY OF THE ELEMENTS ACCESSIBLE ON THE ONLINE SALES SPACE
106. The buyer agrees not to damage, illegally access or modify the data stored on the server.
ARTICLE 18. GENERAL PROVISIONS
18.1 Good faith
107. The parties agree to perform their obligations in good faith.
108. The parties mutually agree that toleration of a situation by one party does not result in grandfathering of the other party.
109. Moreover, such tolerance cannot be construed as a waiver of the rights at issue.
110 In the event of any difficulty of interpretation resulting from a contradiction between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
111. If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
112. The T&Cs express the entirety of the obligations of the parties.
ARTICLE 19. APPLICABLE LAW - DISPUTE
113. The GTC are governed by French law.
This is true of both substantive and formal rules, notwithstanding the place of performance of the substantive or accessory obligations.
115. Any dispute concerning the scope, existence, validity, interpretation and application of these general terms and conditions of sale shall be settled amicably between the parties or, failing that, by the competent courts.
116. The purchaser is informed that he can in any case resort to a conventional mediation, in particular near the Commission of the Mediation of Consumption or near the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.