Terms & Conditions
TERMS & CONDITIONS
The EUROPACELL.COM Terms and Conditions of Sale
Article 1 – Registration
The general conditions of sale apply to all orders placed on the website www.europacell.com for the purchase of products presented on the Site www.europacell.com, joint stock company with its headquarters
B&B Network Hospitality Group SARL au capital de 10 000 Euros
520 923 129 RCS Paris.
Siège social : 66 Bld Garibaldi 75015 Paris
Tel: 01 47 83 75 91
TVA: FR71520923129
Unless subject to any contrary provision of law, the Terms and Conditions applicable to the relationship established between the CUSTOMER and EUROPACELL.COM are those in effect on the date of confirmation of the order. They apply to the exclusion of all other conditions. EUROPACELL.COM does not make solicitation calls; the provisions of the Consumer Code relating to the solicitation calls at home are not applicable to order under these Terms and Conditions.
Article 2 – Orders
The orders are carried out exclusively on the site. The connection fee and Internet access are the responsibility of the CUSTOMER. All orders are validated by the client “double clicking”, which constitutes a fixed acceptance, which can only be challenged within the bounds provided in the Terms and Conditions.
In terms of the law; the so called “double click”, associated with the authentication of the procedure and its non repudiation, and the protection of message integrity, constitutes an electronic signature, which has as much value between the parties as a handwritten signature. Unless provided otherwise, the data recorded by EUROPACELL.COM constitutes proof of all transactions between EUROPACELL.COM and its CUSTOMERS.
A confirmation of the validated order by the CUSTOMER will be e-mailed to him/ her prior to shipping the order, and will finalize the sale subject to the right to exercise the right of withdrawal.
The version of Terms and Conditions applicable to a given order can be maintained by the CUSTOMER computing management or printed on a piece of paper.
Article 3 – Availability
The products and prices offered are valid as long as they are visible on the site, subject to availability, excluding promotional offers indicated on the site. The sales are made subject to the availability of the goods.
In the event that an ordered product proves to be unavailable for reasons beyond the control of EUROPACELL.COM, the CUSTOMER will be notified by e-mail. The order will be cancelled and no bank debit will be made. EUROPACELL.COM reserves the right to offer the CUSTOMER a replacement product, of the same price and quality.
In addition, as a retailer with no permanent large stock, EUROPACELL.COM reserves the right to refuse orders of the same product in large quantities and of 2 identical items. EUROPACELL.COM also reserves the right to refuse any orders placed by CUSTOMERS who have not paid a previous order (except in cases of withdrawal provided by the law).
Article 4 – Price and Payment
4.1 – Prices
EUROPACELL.COM reserves the right to change prices at any time but the products will be charged based on the rights in effect at the time of confirmation of the CUSTOMERS order.
Product prices are in euros including all taxes (including VAT at current rate), excluding the processing fee and shipping, which are subject to a separate section at the time of the order, according to the characteristics of the order. These fees are made known to the CUSTOMER before the validation phase of the order.
We constantly verify that the indicated prices are correct, however we are unable to guarantee the complete absence of errors. If an error in the price of an article does appear, we will give you the possibility to reconfirm the purchase of the product at the correct price or to cancel the order. If we are unable to contact you, the order will be considered cancelled. We are not obliged to sell a product at the incorrect price, even if the order summary has already been sent.
Products remain the property of EUROPACELL.COM until full payment.
4.2 – The settlement order is made
– Credit cards: Visa, Master, Amex, Discover
– PayPal
The amount is charged at the time of confirmation of the order.
Article 5 – Delivery
The delivery times are indicated in working days. When a single order is made for multiple products and they have different delivery dates, the latest possible delivery date is indicated, so as to insure EUROPACELL.COM in the case of a split shipment. In this case, participation in the processing fee and shipping will be charged for one shipment.
The products are delivered to the shipping address provided by CUSTOMER at the time and as part of his order. Unless otherwise indicated on the Site, deliveries of products occur in France as well as the rest of the world.
In case of delayed shipment, an e-mail will be sent to the Client and a new date will be proposed. If the delay in delivery exceeds 14 days for reasons other force majeure, the CUSTOMER will receive the opportunity to cancel the order by sending a registered letter with acknowledgment of receipt to CUSTOMER service EUROPACELL.COM, to its head office within 60 business days after the originally scheduled delivery date. The amount paid by the CUSTOMER for the order and shipping will be refunded. If the product was received after the date of receipt of the cancellation by EUROPACELL.COM, the CUSTOMER will pay the cost of return, and the return of Products will only be accepted subject to the Products being unused and in their original packaging.
Any reservations about the status of products (e.g. opened or damaged packages) must be notified immediately upon delivery to the carrier.
Article 6 – Compliance
Photos are for illustrative purposes. The CUSTOMER is advised to refer to the description of each product to know the precise characteristics. If in doubt, or to obtain additional information, you can contact CUSTOMER services http://europracell.com/contact-us
EUROPACELL.COM will reimburse the CUSTOMER or exchange products of apparently defective, damaged or spoilt or which do not correspond to the order.
In this case, the CUSTOMER must make a written statement of the situation in detail, and return Product (s).
In any event, the CUSTOMER has legal guarantees of compliance and hidden defects, in accordance with legal provisions:
Reminder of articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and sections 1641 and 1648, first paragraph, the Civil Code:
“Article L.211-4 of the Consumer Code: The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, installation instructions or installation when it was put to him by the contract or was carried out under its responsibility. ”
“Article L.211-5 of the Consumer Code: To comply with the contract, the product must:
1 ° Be suitable for the purpose usually associated with such a product and, where applicable:
– Match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
– The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. ”
“Article L.211-12: Action resulting from lack of conformity within two years from delivery of the goods. ”
“Article 1641 of the Civil Code: The vendor is required to guarantee in respect of hidden 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, or would have paid a lower price if he had known. ”
“Article 1648 of the Civil Code, first paragraph: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ”
Article 7 – Intellectual and Industrial Property
All illustrations, images, characters, formats, graphics, and site characters are and remain the exclusive property of EUROPACELL.COM or holders of such rights, which have granted an exploitation right to EUROPACELL.COM. Any reproduction, performance or use of such rights by a CUSTOMER shall constitute an offense, giving rise to legal action.
Article 8 – Data Protection, Personal Data
The information and data concerning the CUSTOMER is strictly necessary for order management, implementation and monitoring of business relationships, as well as for internal statistical purposes._
The database formed has thus been declared to the CNIL (No. 1465565). _
This data can be sent to companies involved in these relationships (such as those responsible for the performance of services and controls) for their management, execution, processing and payment. This data is also retained to pursue security objectives, identification of improvement and customization services._
The CUSTOMER has at any time the right to access, correct or oppose any personal data. This right is exercised http://europracell.com/contact-us
The CUSTOMER may receive, from EUROPACELL.COM, offers for products or services similar to or that have already been the subject of an order, or newsletters. The CUSTOMER will at any time have the right to object free of charge for the future, on terms specified in each shipment.
In accordance with the clauses of the article L.122-1 of the Consumer Code, EUROPACELL.COM will have the right to refuse any order for legitimate reasoning, notably in the case of payment problems, problems relative to shipping, of abnormal orders or those placed in bad faith, and if the case should arise, request proof of identity. In the case of the request of identity, the client will also be informed by e-mail and/or by telephone and will have the option to cancel their order. In the case of no response to this type of request in 72 hours following the request by EUROPACELL.COM, EUROPACELL.COM reserves the right to cancel the order and reimburse any amounts received as such.
Article 9 – The fight against credit card fraud
In accordance with the clauses of the article L.122-1 of the Consumer Code, EUROPACELL.COM will have the right to refuse any order for legitimate reasoning, notably in the case of payment problems, problems relative to shipping, of abnormal orders or those placed in bad faith, and if the case should arise, request proof of identity. In the case of the request of identity, the client will also be informed by e-mail and/or by telephone and will have the option to cancel their order. In the case of no response to this type of request in 72 hours following the request by EUROPACELL.COM, EUROPACELL.COM reserves the right to cancel the order and reimburse any amounts received as such.
Article 10 – Applicable Law, Litigation
The contract formed by acceptance of these Terms is subject to French law. – The language of this contract is the French language –
In case of dispute, French courts will have jurisdiction. In accordance with the clauses of the article L.122-1 of the Consumer Code, EUROPACELL.COM will have the right to refuse any order for legitimate reasoning, notably in the case of payment problems, problems relative to shipping, of abnormal orders or those placed in bad faith, and if the case should arise, request proof of identity. In the case of the request of identity, the client will also be informed by e-mail and/or by telephone and will have the option to cancel their order. In the case of no response to this type of request in 72 hours following the request by EUROPACELL.COM, EUROPACELL.COM reserves the right to cancel the order and reimburse any amounts received as such.”