General terms and conditions of sale
Between the microenterprise of Mr. Georges Rust, under the name Hopla Guide,
Trade name: Hopla Guide
Company registered in the Trade and Companies Register of the Clerk's Office of the Colmar Court of Justice
SIRET N° 890 582 042 00028
Company domiciled 8 rue du Pflixbourg
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the individual or legal entity purchasing products or services from the company, hereinafter referred to as the "Buyer", or the "Customer".
On the other hand,
It was outlined and agreed as follows:
The Seller is publisher of Hopla Guide Products and Services for consumers, marketed through its website (http://www.hoplaguide.com ). The list and description of the goods and services offered by the Company can be consulted on the above-mentioned site.
Article 1: Purpose
The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTS) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GCS can be consulted on the Internet site of the Company at the following address: hoplaguide.com.
The Company also makes sure that their acceptance is clear and without reserve by setting up a check box and a validation click. The Customer declares to have acquainted with the whole of the present General Conditions of Sale, and if necessary the Particular Conditions of Sale related to a product or a service, and to accept them without restriction nor reserve.
The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs.
The Customer declares that he is legally able to contract under French law or validly represent the natural or legal person for which he is committing himself.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the Internet sites are indicated in Euros, all taxes included, and precisely determined on the Product description pages. They are also indicated in Euros all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company's websites are at the expense of the Customer.
Article 4: Conclusion of the online contract
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to complete his order: Information on the essential characteristics of the Product; Choice of the Product, if any, its options - Indication of the Customer's essential contact information (identification, email, address ...); Acceptance of these Terms and Conditions of Sale; Verification of the elements of the order (formality of the double click) and, where appropriate, correction of errors. Before proceeding to its confirmation, the Purchaser has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. The confirmation of the order will lead to the formation of this contract. Afterwards, instructions for payment, payment of the products, then delivery of the order will follow. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.
During the ordering process, the Customer will have the possibility to identify possible errors made in the data entry and to correct them. The languages offered for the conclusion of the contract are French, English, Spanish and German .
The terms and conditions of the offer and the general terms and conditions of sale are sent back to the buyer by email at the time of the order and archived on the Seller's website.
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.
For the purposes of proper execution of the order, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the purchaser is indicated on the order confirmation page. The sale price of the product is the current price indicated on the day of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not performed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received details of the terms of payment, delivery of the product and performance of the contract, as well as detailed information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to fulfill the Customer's order within the limit of available Product stocks only. Failing this, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall reimburse the Customer.
The parties agree that the illustrations or photos of the Products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GCS comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller shall remain liable for defects of conformity and latent defects of the product.
In accordance with article L.217-4, the Seller delivers goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions on conformity and hidden defects (art. 1641 c. civ.), the Seller shall reimburse or exchange products that are defective or do not correspond to the order. Reimbursement may be requested in the following manner: bank refund.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the address indicated at the time of the order and on the date indicated by the buyer. In the event of late delivery, the Customer has the possibility to cancel the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller will then proceed to the refund of the product and the "outward" expenses under the conditions of Article L 138-3 of the Consumer Code. The Seller makes available a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order.
The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 9: Cancellation, availability and presentation
Cancellation by the seller :
In case of unavailability of an item on the day of delivery of the product to the buyer, the latter will be informed as soon as possible. The order of this item may be cancelled on request. The Customer may then request a credit note for the amount of the article or its full refund and the cancellation of the order.
Cancellation by the customer :
If the customer is unable to attend the visit on the day and at the time chosen by him, the seller undertakes to give him the opportunity to postpone the visit and the delivery of the product to a later date. It is the customer's responsibility to contact the seller to inform him in advance and arrange the postponement.
If the customer cannot make the visit at a later date, cancellation of the order is possible on condition that the customer informs the seller at least 2 hours before the start of the visit, taking as a reference the time chosen by the customer at the time of booking.
If this condition is met, the seller undertakes to make a refund with a deduction of €5, which corresponds to the non-refundable costs of its reservation system.
Article 10 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank transfer. Cards issued by banks domiciled outside France must be international bank cards. Secure online payment by credit card is made by our payment provider Stripe. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay is irrevocable. By communicating its banking information at the time of sale, the Customer authorizes the Seller to debit its bank account with the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card or account to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale shall be immediately terminated by operation of law and the order cancelled.
Article 11 : Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller shall reimburse the buyer or exchange products that are apparently defective or do not correspond to the order placed. The request for reimbursement must be made by a bank refund. The Seller reminds that the consumer has a period of 2 years from the delivery of the goods to act with the Seller; that he can choose between replacement and repair of the goods subject to the conditions provided by the above-mentioned provisions. apparently defective or not corresponding; that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. That, except for second-hand goods, this period will be extended to 24 months from March 18, 2016; that the consumer can also assert the guarantee against latent defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the cancellation of the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code).
Article 12: Claims and mediation
If necessary, the Buyer may submit any claim by contacting the company at firstname.lastname@example.org or 0633458824.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he or she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.
In the event of failure of the request for a complaint to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt in complete independence to bring the parties together with a view to obtaining an amicable solution.
Article 13: Intellectual property rights
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 15: Nullity and modification of the contract
If one of the stipulations of this contract were to be cancelled, such cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 16: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller shall set up a processing of personal data for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following:
- the identity and contact details of the data controller and, if applicable, of the representative of the data controller: the Seller, as indicated at the top of these GTC ;
The recipients or categories of recipients of the personal data, if any: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and orders, the subcontractors involved in delivery and sales operations and any authority legally authorized to access the personal data in question - no transfer outside the EU is foreseen - the data retention period : the period of commercial prescription - the data subject has the right to request from the controller access to personal data, correction or deletion of such data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to portability of the data - the data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decisions or profiling is implemented through the ordering process.
Article 17: Applicable law and clauses
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause shall not entail the nullity of these general terms and conditions of sale.
Article 18: Consumer information
For consumer information purposes, the provisions of the civil code and the consumer code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be discharged of the defects or apparent lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery.
It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to it by the contract or was carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.