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GENERAL CONDITIONS OF SALE AND USE OF THE WWW SITE. DEMIVOLTE.FR
Preamble
The company DEMI-VOLTE is a SASU with a share capital of ten thousand euros (10,000), whose head office is located in Conflans-Sainte-Honorine. The company DEMI-VOLTE is registered in the Trade and Companies Register of Versailles under number 885 079 319, intra-community VAT number FR30885079319, telephone number: 07 64 42 29 72. The company DEMI-VOLTE, hereinafter referred to as "DEMIVOLTE", is a company specializing in distance selling, via its website www. demivolte.fr hereinafter referred to as the "Site", of equipment for horse riding, animals and outdoor activities. Any natural or legal person wishing to make a purchase via the Site is hereinafter referred to as the "Buyer".
Article 1: Object
These general terms and conditions of sale (hereinafter referred to as the "GTC") are intended to define the contractual relations between DEMIVOLTE and the Buyer. They apply, without restriction or reservation, to all products offered for sale on the Site. The acquisition of one or more products through the Site implies full, complete and unreserved acceptance by the Buyer of these GTC. The GTC will remain in force until a new version is posted online. This is why, before any order validation, the Buyer must consult and validate the GTC. DEMIVOLTE reserves the right to modify the GTC at any time, in order to comply with any new regulations or in order to improve the use of its Site. As a result, the applicable conditions will be those in force on the date of the order by the buyer. Before any transaction, the buyer declares on the one hand that the purchase of products on the Demivolte.fr site is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing him to commit to these General Terms and Conditions.
Article 2. Products
The products offered are those that appear on the Site, within the limit of available stocks. DEMIVOLTE reserves the right to modify the assortment of products offered at any time. Each product is presented on the Site in the form of a description including its main technical characteristics (description, use, etc.). The photographs are as faithful as possible but do not bind DEMIVOLTE in any way. The sale of the products presented on the Site is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 3. Rates
For DEMIVOLTE deliveries within the metropolitan territory of the European Union, the prices indicated on the Site are expressed by default in Euros and inclusive of all taxes. For deliveries outside the metropolitan territory of the European Union, the prices are expressed by default in Euros and excluding any taxes. The Buyer undertakes to pay, where applicable, all taxes that may be requested by the Country of delivery, and in particular value added tax and any customs duties. These duties may be requested by the carrier. DEMIVOLTE cannot be held responsible in the event that the Buyer has not paid these taxes and duties. Any change in the VAT rate may be reflected in the price of the products. The prices are broken down as follows. - Price of products: DEMIVOLTE reserves the right to modify its prices at any time. However, in the event of a change, the sales price applied will be the one in effect at the time the order is registered. Unless otherwise stated, the prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased depending on the total amount of the order and the country of delivery. - Discount vouchers: vouchers, discounts, promotional codes cannot be combined. - Delivery costs: delivery costs depend on the products and the delivery method chosen by the Buyer from the delivery methods offered by DEMIVOLTE. These delivery costs are indicated when the Buyer selects the delivery methods. - The amount (price of the products and delivery costs) indicated in the order confirmation is the total price payable by the Buyer.
Article 4. Orders
Toute commande validée par l'Acheteur constitue une acceptation irrévocable du contrat de vente qui ne peut être remise en cause que dans les limites prévues dans les CGV. La procédure de passation de commande en deux temps (par « double clic »), associée à la procédure d'authentification et à la protection de l'intégrité des messages constitue la validation du contrat de vente. DEMIVOLTE propose à l’Acheteur de commander et régler ses produits en plusieurs étapes : L’Acheteur sélectionne les produits qu’il souhaite commander dans le "panier", modifie si besoin (quantités, références…) et vérifie l’adresse de livraison ou en renseigne une nouvelle. Puis, les frais de port sont calculés et soumis à l’Acheteur, ainsi que le nom du transporteur. Ensuite, l’Acheteur choisit le mode de paiement de son choix parmi les options proposées par DEMIVOLTE. Si l’Acheteur a besoin d'assistance pour passer sa commande, il peut contacter DEMIVOLTE : - par courrier à l’adresse suivante : DEMIVOLTE, 13 rue du Clos d'en Haut, 78700 Conflans-Sainte-Honorine - par email à l’adresse suivante : contact@demivolte.fr - par téléphone au +33764422972 - sur les réseaux sociaux DEMIVOLTE accuse réception de la commande à l'Acheteur en adressant un email de confirmation de commande. L'Acheteur peut consulter les informations relatives à la commande dans la rubrique « mes commandes » de l’espace client, s'il a créé un compte client au préalable. En cas d'erreur de commande, lorsque l'Acheteur souhaite ajouter un produit à une commande déjà passée et qui n'a pas encore été expédiée, il peut, s'il en fait la demande dans les temps auprès de DEMIVOLTE, bénéficier d'un remboursement des frais de port sous forme d'un bon d'achat, si le montant total de sa commande est supérieur à 80€ pour la France Métropolitaine et s'il a choisi une livraison à domicile lors de sa première commande. DEMIVOLTE se réserve le droit d'annuler toute commande pour un motif légitime notamment dans les cas suivants : - lorsqu'une erreur manifeste s'est glissée sur le produit et/ou le prix (par exemple lorsqu'un prix dérisoire s'affiche et/ou lorsqu'il existe une erreur sur une des caractéristiques essentielles du produit). - lorsqu'il existe un différend relatif au paiement de la commande (par exemple lorsque le règlement de la commande n'est pas effectué dans un délai de 7 jours suite à la passation de la commande). - lorsque DEMIVOLTE remarque une utilisation frauduleuse des avantages et/ou du programme de parrainage. Toute commande d'un Acheteur avec lequel existerait un litige. DEMIVOLTE se réserve le droit de prendre toutes mesures utiles afin de faire cesser de telles irrégularités (exemple : blocage ou suppression du compte). ​ Les informations renseignées par l'Acheteur lors de la commande engagent ce dernier : en cas d'erreur dans ces informations, et notamment de l’adresse email et des coordonnées du destinataire, DEMIVOLTE ne saurait être tenue responsable de l'impossibilité de livrer le produit. Toute livraison effectuée à l’adresse indiquée par l'Acheteur sera considérée comme parfaite. ​ Dans le cas d'une réexpédition due à un manque d'information et/ou d’erreur de la part de l'Acheteur, les frais occasionnés par cette réexpédition seront facturés à l'Acheteur. ​ En cas d’indisponibilité d’un produit, l'Acheteur sera informé par téléphone ou email et la commande de ce produit spécifique sera automatiquement annulée. Le reste de la commande demeure ferme et définitif. Si le paiement de ce produit a déjà été débité du compte de l'Acheteur, celui-ci fera l’objet d’un remboursement. Sinon le prix du produit indisponible ne sera pas débité.
Article 5. Customer account
Before placing an order, the Buyer has the option of creating an account on the Site. Opening a customer account and using the Site are free (excluding any connection costs, the price of which depends on the electronic communications operator), with no obligation to purchase. Only the purchase of products gives rise to payment by the Buyer. Access to the Site by Buyers is reserved for strictly personal use. When using the Site, the Buyer declares that they are acting in a private capacity. When creating a customer account, the Buyer must provide the data allowing their identification. When opening this account and on the occasion of each order, the Buyer undertakes to provide only accurate, complete information that corresponds to their identity. The Buyer must keep this information up to date and will be solely responsible in the event of an error in the order or delivery due to incorrect information. To purchase on the Site, the Buyer may use the username and confidential password created when opening their account. At each visit, the Buyer, if they wish to order or consult their account (order status, profile, etc.), must identify themselves using this information. The Buyer undertakes to keep them secret and not to disclose them to any third party. The Buyer will be solely responsible for accessing their account using their username and password, unless there is proof of fraudulent use that is not attributable to them. In the event of loss, misappropriation or fraudulent use of their username and/or password, the Buyer undertakes to immediately notify DEMIVOLTE customer service by e-mail to the following address: contact@demivolte.fr
Article 6. Payment of the price
6.1 Terms of payment
Payment is made online by the Buyer when ordering. For all products, payment can be made in one go: - by credit card online (Carte Bleue, VISA, Mastercard, American Express, Bancontact), - by PayPal, - by credit card by telephone. Upon request, it is possible to pay for an order by bank transfer. To do this, the Buyer must contact DEMIVOLTE to activate this payment method. In the event of payment by bank transfer, DEMIVOLTE will send the Buyer the invoice and the bank details to the email address used to place the order. If the transfer is not made within five (5) working days, DEMIVOLTE reserves the right to cancel the order without the Buyer's prior agreement. For all products, payment can be made in several times: - by PayPal, - by Klarna. In the event of payment via PayPal, the Buyer is redirected to the secure PayPal interface in order to securely enter their PayPal account details or personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by PayPal account or bank card is irrevocable. In the event of fraudulent use of the latter, the Buyer may demand cancellation of the card payment, the amounts paid will then be re-credited or refunded. The liability of the holder of a bank card is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of their card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the direct debit with their bank, within 70 days following the transaction, or even 120 days if the contract binding them to it so provides. The amounts collected are reimbursed by the bank within a maximum of one month after receipt of the written objection made by the holder. No costs of restitution of the sums may be charged to the holder. For each order, payment will be collected upon confirmation of the order, for the price of the products ordered and the delivery costs. The order validated by the Buyer will only be considered effective when payment has reached DEMIVOLTE.
6.2 Securing payments
Payments made on the Site are completely secure. The bank details (bank card number and expiry date) communicated by the Buyer are never transmitted to anyone. By communicating his bank details, the Buyer accepts in advance and unconditionally that DEMIVOLTE proceeds with the secure transaction. The Buyer therefore authorizes in advance his bank to debit his account upon seeing the statements transmitted by DEMIVOLTE, even in the absence of invoices signed by the cardholder. The authorization to debit the Buyer's account is always given for the amount of the products purchased as invoiced by DEMIVOLTE.
Article 7. Delivery
7.1 Delivery times and methods
After confirmation of the order, the Products ordered will be delivered to the carrier chosen by the Buyer, subject to their availability, and unless otherwise indicated to the customer when placing the order, within a maximum of twenty-four (24) working hours. Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area, via the following carriers: - La Poste via COLISSIMO, delivery service with tracking, delivery without signature. - DPD, delivery service with tracking, delivery with signature. - Chronopost, delivery service with tracking, delivery with signature. The choice of carrier is made by the Buyer before paying for his order. He also chooses whether the delivery should be made to the home or to a Relay Point. Outside the territory of Metropolitan France and except in exceptional circumstances, delivery is made to a Relay Point by default. The Buyer is informed by email of each delivery of the products to the carrier as well as the tracking number. For reasons of availability and fragility of the products, an order may be delivered in one or more times to the Buyer. If the Buyer specifically requests several delivery locations, he must place several orders, the respective delivery costs for each order being invoiced to him. Delivery times are given for information purposes only; if they exceed thirty days from the order, the sales contract may be terminated and the Buyer reimbursed. In the event of the Buyer's absence for a home delivery, he will receive a delivery notice from his carrier, which allows him to collect the products ordered from the nearest Post Office or Relay Point, during a period indicated by the carrier's services. Once this period has passed, the package is returned by the carrier to DEMIVOLTE. If the Buyer does not come forward to reschedule the delivery within fourteen (14) days following the return date of the package, DEMIVOLTE reserves the right to cancel the order without the Buyer's prior agreement. The value of the initial order excluding shipping costs will be refunded to the Buyer in the form of a credit note only. In the event that the Buyer refuses his order at the time of delivery and this, abusively / without prior agreement from DEMIVOLTE, the order, once returned to DEMIVOLTE, will be kept for 14 (fourteen) days. If at the end of this period, the Buyer has not come forward, DEMIVOLTE reserves the right to cancel the order without the Buyer's prior agreement. The value of the initial order excluding shipping costs will then be refunded to the Buyer in the form of a credit note only. As a reminder, the shipping costs are €6.95 for home delivery and €4.95 for delivery to a Relay Point. In the case of a Pick-up on site, if the Buyer does not show up within three (3) months to collect his order, DEMIVOLTE reserves the right to cancel the order without the Buyer's prior agreement. The value of the initial order will then be refunded to the Buyer in the form of a credit note only.
7.2 Reception
The risks related to transport are the responsibility of the Buyer from the moment the items leave the premises of the company DEMIVOLTE. Upon delivery, the Buyer is required to sign the delivery note or provide a code to the carrier that is equivalent to a signature. This delivery note constitutes proof of receipt of the order. Delivery is made to the threshold of stores for street businesses or the ground floor for buildings, offices, homes (pavilions) or other establishments. It is the responsibility of the person ensuring physical receipt of the order to mention on the delivery note, in a detailed, precise and detailed manner, any reservations that appear relevant to them. In the event of apparent defects, the Buyer has the right to return the goods under the conditions set out below. In the event of an anomaly, the Buyer must inform DEMIVOLTE Customer Service as soon as possible by any means. In the event of a dispute, if DEMIVOLTE is held not liable, the Buyer may, if he so requests, obtain a refund of the amount of his order in the form of a purchase voucher only.
7.3 Withdrawal
In accordance with the legal provisions in force, the Buyer has a withdrawal period of 14 days from the day of receipt of the order. In accordance with Article L.221-28 of the Consumer Code, this withdrawal period is not applicable in particular: for the purchase of perishable goods, such as foodstuffs. for the purchase of audio or video recording supplies, computer software, when they have been detected by the buyer. for the purchase of products made according to the consumer's specifications or clearly personalized. for the pre-order of products. That is to say when DEMIVOLTE has specially ordered the items at the request of the customer because they were not in stock at the time of the order. Pre-order items are clearly indicated on the website at the time of the order. The word "pre-order" is indicated in full on the invoice. The right of withdrawal is at the Buyer's expense according to the terms set out below. The Buyer may withdraw without giving a reason. In the event that the Buyer refuses a delivery due to an error in the content of the delivery, for non-conformity or defect of the products ordered, he must immediately contact DEMIVOLTE Customer Service in order to determine the applicable return procedure, the recipient of the return and the return address. The Buyer is informed that the delivery points in "Point Relais" have the exclusive mission of allowing the withdrawal of the goods ordered by the Buyer. Indeed, the "Point Relais" are not authorized to take the returned goods without the express agreement of DEMIVOLTE. Thus, the Buyer can never go to a "Point Relais" in order to return his delivery, unless he has received prior written agreement by email from DEMIVOLTE according to the return procedure indicated. In the event that the Buyer does not comply with the return procedure and goes to a "Point Relais" without prior agreement, the "Point Relais" would be entitled to refuse to take charge of the products. All items must be returned with their accessories and instructions, and, as far as possible, in their original packaging. Terms of exercising the right of withdrawal The buyer must notify their decision to withdraw from this contract by means of a clear and unambiguous statement to the following email address within 14 days of receiving their order: contact@demivolte.fr The buyer must return the goods to the following address, within 14 days of withdrawal: DEMIVOLTE - 13, rue du Clos d'en Haut - 78700 Conflans-Sainte-Honorine. The buyer must carefully pack the item concerned and include its return number(s) in its shipment by copying them on plain paper. The buyer is free to choose the method of sending his product and to take out insurance or not in the event of loss, theft or destruction of his package. DEMIVOLTE does not cover any of these costs or the cost of transport and cannot be held responsible for the non-receipt of the buyer's package. DEMIVOLTE advises buyers to opt for a tracked shipment of the package. In general, all costs and risks related to the return of the product are the responsibility of the buyer. Only products returned complete, unworn, in perfect condition and in their original packaging will be accepted. Otherwise, the return will be considered a non-compliant return and will not be reimbursed by DEMIVOLTE. Effects of withdrawal In the event that the buyer complies with the return procedure described above, the refund will take place within 14 days following the date of receipt of the products by DEMIVOLTE. This refund date may be deferred until recovery of the product or until proof of shipment of the product has been sent to DEMIVOLTE, the date retained being that of the first of these facts. The refund will be made directly to the means of payment used by the buyer when ordering. In the event of a total return of an order, DEMIVOLTE will reimburse the customer for the total amount of shipping costs paid when ordering. DEMIVOLTE is not legally required to reimburse additional delivery costs if the buyer has chosen a more expensive delivery method than the standard method offered on the site. DEMIVOLTE reserves the right to refuse the return in the following cases: The product has been deliberately damaged or it has been used in an unsuitable practice. The product is dirty and cannot be resold second-hand or given away as is. The product is personalized (embroidery, etc.).
Article 8. Retention of title
DEMIVOLTE retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
Article 9. Guarantee
All products supplied by DEMIVOLTE benefit from the legal guarantee provided for in articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned to DEMIVOLTE, which will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by post to the following address: DEMIVOLTE, 13 rue du Clos d'en Haut, 78700 Conflans-Sainte-Honorine, within thirty days of delivery.
Article 10. Responsibility
The company DEMIVOLTE, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
Article 11. Intellectual property
All elements of the Demivolte.fr site are and remain the intellectual and exclusive property of the DEMIVOLTE company. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text.
Article 12. Personal data
DEMIVOLTE undertakes to preserve the confidentiality of the information provided by the buyer, which he would be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of law n° 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: DEMIVOLTE, 117 avenue du Maréchal Foch, 78700 Conflans-Sainte-Honorine.
12.1 Collection of information
DEMIVOLTE collects information when the user registers on the site, logs into their account, makes a purchase, enters a contest, and/or logs out. The information collected includes name, email address, phone number, and/or credit card. In addition, DEMIVOLTE automatically receives and records information from the user's computer and browser, including IP address, software and hardware, and the page that is requested.
12.2 Use of Information
All information collected by DEMIVOLTE from the Internet user may be used to: Personalize the Internet user's experience and meet their individual needs Provide personalized advertising content Improve the Demivolte.fr website Improve customer service and the Internet user's support needs Contact the Internet user by email Administer a contest, promotion, or survey.
12.3 Online Commerce Privacy
DEMIVOLTE is the sole owner of the information collected on this site. The user's personal information will not be sold, exchanged, transferred, or given to another company for any reason, without their consent, other than what is necessary to respond to a request and / or a transaction, such as to ship an order.
12.4 Disclosure to Third Parties
DEMIVOLTE does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist DEMIVOLTE in operating its website or conducting its business, so long as those parties agree to keep this information confidential. DEMIVOLTE believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or when required by law. Non-personal information, however, may be provided to other parties for marketing, advertising, or other uses.
12.5 Protection of information
DEMIVOLTE Company implements a variety of security measures to maintain the safety of the user's personal information. We use state-of-the-art encryption to protect sensitive information transmitted online. We also protect your information offline. Only employees who need to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers used to store personally identifiable information are kept in a secure environment. Does DEMIVOLTE Company use cookies? Cookies improve access to the site and identify repeat visitors. In addition, cookies improve the user experience by tracking and targeting their interests. However, this use of cookies is in no way linked to personally identifiable information on our site.
12.6 Unsubscribe
DEMIVOLTE uses the email address provided by the user to send them information and updates regarding their order, occasional company news, information on related products, etc. If at any time the user wishes to unsubscribe and no longer receive emails, detailed unsubscribe instructions are included at the bottom of each email. The user can also send their request by email to the following address: contact@demivolte.fr
12.7 Consent
DEMIVOLTE uses the email address provided by the user to send them information and updates regarding their order, occasional company news, information on related products, etc. If at any time the user wishes to unsubscribe and no longer receive emails, detailed unsubscribe instructions are included at the bottom of each email. The user can also send their request by email to the following address: contact@demivolte.fr
Article 13. Litigation
These conditions of distance selling are subject to French law. For all disputes or litigation, the competent Court will be that of Versailles.