INTRODUCTORY ARTICLE – DEFINITION :
Seller: The term « Seller » designates BOX EN LOC, SINGLE BEL being BOX EN LOC’s brand;
Buyer: The term « Buyer » designates any person who places an order to buy BOX EN LOC / SINGLE BEL products;
General terms and conditions of sale: this term designates the General Terms and Conditions of Sale hereunder;
Item or Product: any Product covered by the Order;
Product: any product on sale on the Website;
Service: any service on sale on the Website;
Contract: this term designates the general terms and conditions of sale hereunder, including its preamble and its appendices, as well as any amendment, replacement, extension or renewal occured in the conditions hereunder in accordance with the Parties agreement;
Delivery Time: time between the date of the Order Confirmation and the date of the Delivery to the Buyer;
Means of Delivery: designates any means of delivery, standard or express delivery, available on the Website when Ordering;
Price: designates the unit price (VAT included) of a Product or a Service, excluding Delivery Costs;
Total Price: designates the total amount (VAT included) of the accumulated Prices of the Products and Services covered by the Order;
Price All Inclusive: designates the Total Price (VAT included) to which shall be added the Delivery Costs;
Website: designates the Online Sales website « www.single-bel.com » used by the Seller to market his Products and Services;
Order Confirmation: see the meaning at Article 5;
Online Sales: designates the Products and Services marketing through the Website.
Any reference to a singular form includes the plural form and vice versa.
Any reference to a gender includes the other gender.
ARTICLE 1 – OBJECT
The contract hereunder aims at defining the Parties’ rights and obligations concerning Online Sales and telesales of the Products and Services on sale by the Seller to the Buyer.
ARTICLE 2 – FIELD OF APPLICATION
The General Terms and Conditions of Sale hereunder are solely reserved to consumers by the definition given by law and case law which exclusively act on behalf of them.
The General Terms and Conditions of Sale hereunder apply to all the sales of the Products and Services, without reservation, and occuring by phone or through the Website, that is to say: the sale of editorial products (music scores, discs, videos, DVDs, CDs, etc…) on all tangible or intangible medium and the sale of marketing products.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions and especially those applicable to other distribution and marketing channels. These General Terms and Conditions of Sale are available at any time on the Website and will prevail over any other version or contradictory document, if any.
According to articles L. 111-1 and L. 111-3 of the Consumer Code, the indispensable features and the prices for the Products and Services sold by e-mail are available on the Website. Besides, the Buyer receives all information before and after the sale confirmation, according to articles L. 121- 8 and L. 121-19 of the Consumer Code, and in particular by means of the General Terms and Conditions of Sale hereunder. The Buyer confirms that he has been informed of the General Terms and Conditions of Sale hereunder before the Order Confirmation according to article 5.
The Order Confirmation is construed as the Buyer’s acceptance to the General Terms and Conditions of Sale hereunder, without reservation. The amendments of these General Terms and Conditions of Sale are opposable to the users of the Website from their online publication and shall not apply to the sales closed earlier.
Any possible amendments of the General Terms and Conditions of Sale hereunder shall not be valid without the Seller’s express and written consent.
The contract hereunder is effective from the date of the Order Confirmation as defined in article 3. The contract is concluded for the period necessary to supply the Products and Services and until the guarantees and obligations of the Seller are terminated.
ARTICLE 3 – ORDER
The Buyer must respect the following instructions to place the Order:
1.Enter the address of the Website;
2.Follow the instructions and in particular those necessary to open a customer account. The account will enable the Buyer to have access to the services with a login and a password. The password will be given to the Buyer by e-mail at the end of the creation of his customer account. The Buyer is liable for the use of his login and password ; 3.Fill in the order form.
In case of any extended inactivity during the connection, the Products and Services selected by the Buyer before this inactivity may not be assured anymore. The Buyer may then restart his selection from the beginning.
1.Check the details of the Order, identify and correct the mistakes, if any;
2.Confirm the Order, the Total Price and the Price All Inclusive (the « Order Confirmation ») ;
3.Follow the instructions of the secure payment service to pay the Price All Inclusive.
The Buyer then immediately receives by e-mail the confirmation for acceptance of the payment of the Order. The Buyer also immediately receives by e-mail the acknowledgement of receipt which is as good as the Order Confirmation (the « Order Confirmation »).
The Buyer receives the confirmation for the Order shipment by e-mail.
The Buyer can also place an order by phone (+33) 4 50 54 29 87.
The Delivery will be made at the address given by the Buyer when ordering.
During the carrying out of the different steps mentioned above, the Buyer agrees that he will respect the contractual conditions hereunder according to article 1316-1 of the Civil Code.
The availability of the Products and Services mentioned on the Website is only informative and the pictures are shown on an illustrative basis.
The Seller agrees that he will honour the Order solely while stocks last. For want of availability, the Seller agrees that he will inform the Buyer and the Order shall automatically be cancelled and the repayment shall be made.
However and according to article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is unusual, dishonest or for any other legitimate reason and in particular if there is a dispute with the Buyer concerning the payment of a previous order.
Any amendment of the Order shall be subject to a written agreement bewteen the parties. Any change shall automatically lead to a delay of the date of delivery initially organised.
In the event that the Seller accepts a total or partial order cancellation, the Seller shall apply an inclusive payment of 35% of the amount of the Order cancelled, on the penalty clause basis.
ARTICLE 4 – RATE
The Products and Services offered by the Seller are supplied with the current rates when the Buyer confirms the order, as mentioned on the Website.
The prices are in Euros, VAT excluded and included.
All the Products and Services are sold VAT included for the EU countries.
For the services delivered by e-mail, the VAT rate applied will be that of the member state of the EU the Buyer is domiciled in.
The sales are made VAT excluded for the countries outside the EU. The Buyer is debited in the currency of his country according to the exchange rate applied by his banking services. Customs duties or other taxes may be due. They will be borne by the Buyer who is entirely liable for them, both in terms of declarations and payments to the relevant authorities and organisations.
These rates are firm and can not be revised for their entire term of validity, as mentioned on the Website.
The updating of the Website defines the term of validity of the offers and Prices.
The price to be paid when confirming the order is the Price All Inclusive.
All the telecommunication costs inherent to the Website access are solely borne by the Buyer.
ARTICLE 5 – TERMS OF PAYMENT
The payment by the Buyer of the Price All Inclusive is made by one of the following means of payment:
• bank check made out to the Seller and to be sent to SINGLE BEL / BOX EN LOC 910, avenue Louis Coppel à THYEZ (74300) ;
• bank transfer to caisse d’épargne account : IBAN : FR76 1382 5002 0008 0015 8738 BIC :
• banker’s card.
The order will only be taken into account from the date when the payment is registered on the Seller’s account.
The total amount is to be paid cash on the day of the Order purchase.
The transaction is immediately debited from the banker’s card of the Buyer after checking its data and once the debit authorization from the company issuing the banker’s card used by the Buyer is received.
According to article L. 132-2 of the Monetary and Financial Code, the agreement to pay with a credit card is irrevocable. By giving the data related to his banker’s card, the Buyer authorizes the Seller to debit the Price All Inclusive from his card. The Buyer confirms he owns the card to be debited and that the name written on the card is his. The Buyer gives the 16 numbers and the expiry date as well as the visual cryptogram numbers, if necessary.
If the debit of the Price All Inclusive is impossible, the Order and the Online Sales will immediately and rightfully be cancelled. The Seller implements all the means to ensure the confidentiality and the safety of the data conveyed to the Website through a 3D SECURE security system. The Seller took on the SSL encrypting procedure and strengthened all the scrambling and encrypting methods to protect in a very efficient way all the sensitive information linked to the means of payment.
ARTICLE 6 – RETENTION-OF-TITLE ARRANGEMENTS
The transfer of property of the Products is subject to the total payment of their prices by the Buyer. Once the delivery of these products is made, the Buyer will become the owner and shall answer for any deterioration or loss. In the event that the goods are taken back and according to the retention-of-title arrangements hereunder, all the sums of money already deposited by the Buyer shall remain acquired to the Seller as liquidated damages.
ARTICLE 7 – DELIVERY OF THE ORDER
1.Means of Delivery
The Buyer selects one of the means of delivery offered on the Website when placing the Order.
1.Address of Delivery
The Buyer enters an address of delivery, without which the Order will be refused. The Buyer is liable for a default in delivery due to a lack of information when ordering. In case of a change of the place of delivery, the Seller reserves the right to charge the Buyer for the possible additional cost of transport. 1.Amount of the Delivery Costs
The amount of the Delivery Costs depends on both the Order price and the means of delivery selected by the Buyer. In any case, the amount of the Delivery Costs is indicated to the Buyer before the Order Confirmation.
The Delivery Time is available on the Website and can vary depending on the availability of the Items covered by the Order.
The Delivery Time is for working days and corresponds to the average preparation time and delivery time of the Order.
The Delivery Time is only given on an informative and indicative basis and is effective from the date of the Order Confirmation.
If the Buyer orders several products at the same time which have a different delivery time, the delivery time of the Order will be based on the longest time. The Seller however reserves the right to divide the shipments. In case of a delivery made by a haulier which needs an appointment with the Buyer, the haulier shall contact the Buyer to fix a date of delivery, as soon as possible and 30 days at the latest from the date of the Order Confirmation.
1.Delay of Delivery
In case of delayed delivery, the Order shall not be cancelled.
The Seller informs the Buyer by e-mail that the Delivery will be made with some delay. The Buyer shall then decide to cancel the Order and shall send a cancellation notice by registered letter with acknowledgement of receipt.
If the Order has not been shipped yet when the Seller receives the cancellation notice, the Delivery will be blocked and the Buyer will be repaid the sums possibly debited within 15 days from the date of the reception of the cancellation notice. If the Order has already been shipped when the Seller receives the cancellation notice, the Buyer still shall cancel the Order by refusing the parcel. The Seller shall then repay the debited sums of money and the return fees spent by the Buyer within 15 days from the date of the reception of the parcel, returned complete and in its original state because refused. 1.Checking of the Order upon arrival
The Buyer must have reservations when the products are delivered by the haulier. The reservations shall be noted on the shipping document upon receipt of the goods and shall be countersigned by the haulier or his representative.
Failing that, the Buyer shall not claim any reservations or complaints, and the goods shall indisputably be considered as compliant, both qualitatively and quantitatively. In any case and to be valid, any claim shall be confirmed to the haulier by registered letter with acknowledgement of receipt within 48 hours from the date of the reception of the goods. The Buyer shall contact the Seller’s customer service by using the contact form, by sending an e-mail at the following address : email@example.com or by phone at (+33) 4 50 54 29 87 and then shall send the Products back to the following address : SINGLE BEL / BOX EN LOC 910, avenue Louis Coppel 74300 THYEZ.
The return fees shall be borne by the Seller solely if a visible defect is really noticed by our company or our agent.
If the Buyer totally or partially refuses the goods ordered, the Seller will reserve the right to put the goods in a bonded warehouse at the Buyer’s expense and shall ask him to repay the administrative fees. The Seller shall also terminate the contract, apply an inclusive payment of 35% of the amount of the Order refused, on the penalty clause basis, and demand compensation for any further damages he might have dealt with.
ARTICLE – RIGHT OF CANCELLATION
- 1.Physical productsThe Buyer has a right of cancellation he can apply within 14 calendar days from the date of the reception of the Order. If this period expires on a Saturday, a Sunday, a bank holiday or a non-working day, it will be extended to the first following working day. The Buyer can apply his right of cancellation by any means and especially by letter with acknowledgement of receipt, expressing his will to recant unequivocally and indicating the order concerned by this cancellation.The Buyer who wants to apply his right of cancellation will have to send back the Items, complete, new, in their original wrappings and along with the invoice within the period mentioned above in order to deal his request in an optimized manner. The Buyer shall be liable for any product depreciation due to handlings, other than those necessary to establish the nature, the features and the proper functioning of the product. Once the Buyer has claimed his will to apply his right of cancellation within 14 days, he has another 14-day period to send back the product(s) concerned by the cancellation. If he applies his right of cancellation within the period, only the price of the product(s) bought and the shipping fees will be repaid, the return fees being borne by the Buyer. The Seller will not be bound to repay the additional costs if the Buyer has chosen a means of delivery more expensive than the standard means of delivery offered on the Website.
The Seller will repay the sums of money already deposited within 14 days at the latest from the date the Seller has been informed of the Buyer’s choice to recant and following the same means of payment than that used for the order (except after express agreement to repay with another means of payment). This date could be postponed until the product has been sent back or until the Buyer has provided a proof of the shipment of the product.
According to the applicable legal requirements concerning the services of supply of digital contents, the purchases of digital contents are firm and definitive. They could then not be exchanged or repaid and the right of cancellation could not be applied.
ARTICLE 9 – WARRANTY AND LIMITATION OF LIABILITY
The Buyer is subject to the legal conditions of warranty according to articles L.211-4 and the ones following of the Consumer Code and articles 1641 and the ones following of the Civil Code. When it is about the founding principles of the legal warranty of conformity, the Buyer:
• can act after a two-year period from the date of delivery;
• can choose between having the product repaired or replaced and subject to the conditions of price described in article L. 211-9 of the Consumer Code ;
• is exempted from proving the product’s nonconformity for the 6 months following the date of delivery. This period was extended to 24 months from March, the 18th, 2016.
The legal warranty of conformity does not depend on the commercial guarantee.
In the event that the legal action based on the warranty of the hidden defects of the item sold is taken by the Buyer according to articles 1641 and the ones following of the Civil Code, the Buyer shall ask either to cancel the sale or to reduce the selling price according to article 1644 of the Civil Code.
Art. L.211-4. – The Seller is bound to deliver a product in compliance with the contract and is accountable for any nonconformity found during the delivery. He is also accountable for any nonconformity due to
packaging, fitting instructions or setting if he has been proved liable for this in the contract or if it has been realized under his responsibility.
Art. L.211.5. – To respect the contract, the product shall :
1.Be appropriate to the use usually intended of a similar product and, if necessary, shall correspond to the description given by the Seller, have the features that have been outlined to the Buyer under the form of a sample or a model or have the features that any Buyer can lawfully expect considering the public declarations issued by the Seller, the producer or his representative, especially in advertising and marking ;
2.Or have the features defined by join agreement by the parties or be appropriate to any specific use seeked by the Buyer that has been brought to the Seller’s attention who has accepted it.
Art. L.211-12. – The legal action due to the nonconformity lapses after two years from the date of delivery. Art. L.211-16. – If during the commercial guarantee that has been granted while buying a personal property or having it repaired, the Buyer asks the Seller a restoration covered by the guarantee, any period of detention of seven days at least will be to be added to the period of the guarantee that is left to be run. This period runs from the date the Buyer has asked for an intervention or the date the product has been made available for reparation if it is later than the request for intervention.
Art. 1641 of the Civil Code: the Seller is bound for the guarantee in relation with the hidden defects of the item sold which make it inappropriate to its usual use or which decrease its use so much that the Buyer would not have bought it or would have offered a lower price if he had known them.
Art. 1648 of the Civil Code : The legal action due to unacceptable defects shall be taken by the Buyer within two years from the date he has found out the defect.
The Products and Services offered are in compliance with the current French legislation. The Seller shall not be liable for the non respect of the legislation of the country in which the Items are delivered (for example if a title is forbidden). The Buyer is bound to check to the local authorities if he has the right to import or use the products he wants to order. As well, the Seller shall not be liable for any inconvenients or damages linked to the use of the Internet network, especially in case of a service disruption, an external intrusion or the existence of a computer virus.
The Seller shall not be liable for mistakes in the realisation of the order and which would be due to the Buyer’s fault or fact, especially in the case of a mistake or a delay of the Buyer giving the necessary information. The Seller will accept no responsibility on the Items if the Buyer does not respect the conditions of storage or use defined by the current regulations and/or which meet the Seller’s recommendations. Generally, the Seller will accept no responsibility if the Buyer is accountable for the Item’s defectiveness. The Seller shall not be considered in default in the performance of his obligations, especially concerning delays or if the deliveries are proved impossible in case of force majeure. Will be considered as cases of force majeure, except those taken on by the French case law, the delays or breaks in the transport process for whatever reason it may be, the compulsory liquidation of one of the haulier’s suppliers or subcontractors, the blocking or the disruption of the means of communication, of telecommunication or post, fire, flood, total or partial strike and new regulatory or customs requirements. The total or partial impossibility to use the products, especially in case of material’s incompatibility, shall not lead to any compensation, repayment or implication of the Seller’s liability.
ARTICLE 10 – RIGHT OF INTELLECTUAL PROPERTY
The Seller’s brand, « SINGLE BEL », as well as all the representative and non representative brands, and more generally all the other brands, illustrations, pictures and logotypes appearing on the Products, their accessories and wrappings, whatever they are filed or not, remain and will remain exclusively with the Seller. Any total or partial copy, amendment or use of these brands, illustrations, pictures and logotypes, for whatever reason and on whatever medium it may be, and without express and preliminary agreement of the Seller, is strictly forbidden. It is the same with any combination or convergence with another brand, symbol, logotype and more generally any distinguishing feature intended to create a composite logo. It is the same with any royalty, drawing, model or patent which remain with the Seller.
ARTICLE 11 – CONFIDENTIALITY OF DATA
The information required is necessary to deal with the Order and for the trade relationship with the Seller. Both information and data are kept for security purposes in order to respect the legal and regulatory obligations as well as to enable the Seller to improve and customise the services offered.
In the event that the Buyer agrees to communicate individual and personal data, he shall have an individual right of access, of withdrawal and of rectification of this data following the conditions described by the law n° 78-17 of January, the 6th, 1978 regarding information technology, files and liberties. The Buyer shall send any written request to the following address : SINGLE BEL / BOX EN LOC 910, avenue Louis Coppel 74300 THYEZ and mention his full name, his e-mail address and his customer reference if possible. According to the current regulations, the request shall be signed and sent with the photocopy of a proof of identity also signed by the Buyer and shall mention the address the Seller shall send his answer to. An answer shall then be addressed within 2 months following the reception of the request. When creating his customer account online, the Buyer will be able to choose whether he accepts to receive the offers from the Seller and his partners.
CNIL declaration n°1885633.
ARTICLE 12 – FORCE MAJEURE
The performance of the Seller’s obligations hereunder will be suspended if a force majeure case occurs which would obstruct or delay the performance. The Seller shall inform the Buyer if such a force majeure case occurs within 8 days from the date of the occuring event. If the suspension of the performance of the Seller’s obligations extends to more than 15 days, the Buyer will be able to cancel the current Order and the Seller will repay the Order following the conditions described in article 8.
ARTICLE 13 – NULLITY OF A CLAUSE OF THE CONTRACT AND AMENDMENT OF THE
If one of the measures of the contract hereunder was cancelled, this nullity would not lead to the nullity of the other measures of the contract which will remain in force between the parties. Any amendment, termination or cancellation of one of the clauses of the contract hereunder will solely be effective after a written agreement signed by the parties.
ARTICLE 14 – NON-WAIVER
The failure by one of the Parties to enforce a commitment by the other Party to any condition contained herein shall not be considered a waiver thereof and shall not prevent the Seller from enforcing any such condition thereafter.
ARTICLE 15 – APPLICABLE LAW
The contract hereunder will be ruled by the French law.
It will be drafted in French. In the event that it is translated into one or several languages, only the French text shall be admissible in case of litigation.
ARTICLE 16 – DISPUTE
According to the clauses of article 56 of the Civil Procedure Law and in case of litigation, the parties agree that they will try to settle their dispute out of court and before taking any legal action. The Buyer shall thus contact the Seller’s customer service online by sending an e-mail through the contact form or at the following e-mail address : firstname.lastname@example.org or by phone at (+33) 4 50 54 29 87.
According to article L152-1 of the Consumer Code and if the claim to the customer service fails, or in case of a lack of answer within two months after sending the first written request, the unresolved claims shall be presented free to the Consumer Mediator who shall try to gather the parties in order to settle the dispute out of court, independently and impartially.
The parties shall be free to accept or refuse the recourse to the mediation, as well as to accept or refuse the solution offered by the mediator in case of a recourse to the mediation.
If no amicable agreement can be come to, the Bonneville (Haute-Savoie) court will have sole jurisdiction.