The Seller is the publisher of web pages intended for consumers, marketed through its website lavolette.fr. The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
Article 1: Subject
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (GCS) govern the sales of Services, made through the website lavolette.fr, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these conditions at any time by publishing a new version on his website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order.
The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the services sold through the Internet sites are indicated in Euros including taxes and precisely determined on the service description pages.
The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer.
Article 4: Conclusion of the contract online
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 be able to place his order:
- Information on the essential characteristics of the service
- Choice of service, if applicable, of its options
- Indication of the essential contact details of the Client (identification, email, address, etc.)
- Acceptance of these General Conditions of Sale
- Verification of the elements of the order (double-click formality) and, if necessary, correction of errors.
Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. Confirmation of the order will constitute the formation of this contract.
- Then, followed by discounts for payment, payment for services, then provision of the Services.
The Customer will have the opportunity during his ordering process to identify any errors made in entering data and to correct them. The language proposed for the conclusion of the contract is French.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
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: Services
The essential characteristics of the services and their respective prices are made available to the purchaser on the company's websites, as well as, where applicable, the mode of use of the service. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the service is that in force 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 services or services are not executed immediately, clear information is given on the service presentation page as to the dates of delivery of the services. The customer certifies having received a detail of the terms of payment, and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of the present sale.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the services offered for sale have no contractual value. The period of validity of the service offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
Article 6: Payment
Payment is due immediately upon ordering. The Customer can pay by payment card.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been 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 given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.
Article 7: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order. br> The right of withdrawal can be exercised by contacting the Company from the contact page, or from the support page of his personal space. If the right of withdrawal is exercised within the aforementioned period, the price of the service(s) purchased will be refunded.
Article 8: Intellectual property rights
Trademarks, domain names, services, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment 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 9: Force majeure
The performance of the seller's obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 10: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 11: 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 on the free movement of such data, the Seller sets up a processing of personal data which purpose the sale of services defined in this contract. The Buyer is informed of the following:
- the identity and contact details of the controller and, where applicable, of the representative of the controller: the Seller, as indicated at the top of these GCS;
- contact details of the data protection officer
- the legal basis for processing: contractual performance
- the recipients or categories of recipients of the personal data, if they exist: the data controller, his departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, of the delivery and the order, the subcontractors involved in the delivery and sales operations as well as 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, rectification or erasure of personal data, or a restriction of the processing relating to the data subject, or the right to oppose the processing and the right to data portability
- The data subject has the right to lodge a complaint with a supervisory authority
- the information requested during the order 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 are implemented through the ordering process.
Article 12: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.