GENERAL SALES CONDITIONS

Version 1.0 of 27/10/2014

Last updated on 26/04/2021

1. Preliminary information

a) Legal notice

In order to comply with the provisions of the French law on confidence in the digital economy of June 21, 2004, the legal notices required to identify the publisher of the present website are set out below.

This website is published by TECHNIC DIFFUSION, a limited liability company with share capital of €150,000, registered with the LILLE Trade and Companies Registry under number 400946604, and whose registered office is located at RUE NICEPHORE NIEPCE PARC D’ACTIVITES BP 40045, 59710 PONT A MARCQ. The publisher can be contacted by telephone on 03 20 72 76 72 or by e-mail at the following address: [email protected]

Intracommunity VAT number: FR54400496604.

The site’s publishing director is GUY LEDEZ.

The general terms and conditions of sale were generated using the CGV-expert.fr module.

b) Purpose

The present site is freely accessible to all Internet users. It consists of an online product sales site.

c) Acceptance of terms and conditions

Subscription to a contract governed by the present general terms and conditions with the publisher of the present site implies acceptance by the user of the said general terms and conditions of sale. The user hereby acknowledges that he/she is fully aware of them. This acceptance will consist in the user’s validation of the present terms and conditions.

The user acknowledges the evidential value of the automatic recording systems of the editor of the present site and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of litigation.

Acceptance of these terms and conditions implies that users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

2. How to place an order and the purchasing process

Products are sold while stocks last. Product availability is indicated on the site, in the description of each item.

In order to comply with the provisions of the French law on confidence in the digital economy of June 21, 2004, the ordering process is described below:

To place an order, the user may select one or more products and add them to his/her basket. When the order is complete, the user can access the basket by clicking on the appropriate button. By consulting the basket, the user will be able to check the number and nature of the products selected, as well as their unit price and the total price of the order. They will be able to remove one or more products from their basket. This summary will indicate to the user whether or not he/she may exercise his/her right of retraction, as well as the time limits and conditions that apply.

If the user is satisfied with the order and wishes to validate it, he/she can click on the validation button. He/she will then access a form in which he/she can either enter his/her connection identifier if he/she already has one, or register on the site by completing the form presented to him/her, with his/her personal information.

Once logged in, or once the form has been fully completed, the user will be invited to check or modify their delivery and billing details, to read and validate the present terms and conditions, to confirm their order, and then to make their payment by being redirected to the secure payment interface.

Once payment has been received by the site editor, the latter undertakes to acknowledge receipt to the user electronically, within a maximum of 24 hours.

Similarly, and within the same timeframe, the site editor undertakes to send the user a summary e-mail confirming that the order has been processed and providing all information relating to the order.

3. Product prices, taxes and delivery charges

The prices indicated on the site are in Euros, inclusive of all taxes and exclusive of delivery charges. Prices are firm, without discount or rebate. These prices may be modified at any time by the publisher. The prices displayed are valid only on the day the order is placed and have no effect for the future. The price applicable to the customer is that in force at the time of the order.

Delivery charges will, in any event, be indicated to the customer prior to payment.

In the event of delivery outside the European Union and to French overseas departments and territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and payment of such duties and taxes are not the responsibility of the publisher, and will in any event be borne by the user. It is therefore the user’s responsibility to check all this information, as well as the possibility of importing the product, with the competent authorities of the country of delivery, before placing any order on the site.

THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RETENTION OF TITLE CLAUSE. RISK PASSES TO THE CUSTOMER UPON DELIVERY OF THE PRODUCTS.

4. Payment information

Internet users may place orders on the present site and may pay by paypal or credit card.

Credit card payments are made via secure transactions provided by the service provider: Crédit du Nord and PAYPAL.

In the case of credit card payments, the editor of the present site has no access to any data relating to the customer’s means of payment.

The delivery times defined in the article below only begin to run from the date of effective receipt of payment by the seller, who may provide proof of this by any means. If payment is not received from the customer within eight days of the order being placed, the order will be cancelled and the products put back on sale on the site.

Failure to pay all sums due to the publisher on time will give rise to penalties equal to (3) three times the legal interest rate, plus a fixed indemnity of 40 euros for collection costs. These penalties will be due from the day following the date on which the unpaid sums fall due, without prior formal notice.

5. Delivery or availability

a) Delivery time

Orders are delivered by LA POSTE, EXAPAQ, CHRONOPOST, GEFCO, FRANCE EXPRESS, or any carrier designated by the publisher within 3 working days of full payment of the order.

However, certain products or certain order volumes may justify a longer delivery time, which will be expressly mentioned to the user when the order is validated.

b) Damage and partial loss

On delivery, you must check your parcel by unpacking it in full in front of the delivery person, even if the packaging is intact, and check that the product is in good condition before accepting it. In the event of delivery of an obviously and visibly damaged parcel, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new parcel can be prepared and dispatched on receipt of the damaged parcel. Only precise reservations (product references, quantity and defects noted) are valid with carriers. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.

Likewise, the user must refuse any parcel that is incomplete or contains damaged items. In accordance with article L 133-3 of the French Commercial Code, receipt of transported items extinguishes any action against the carrier for damage or partial loss if, within three days (not including public holidays) of receipt, the consignee has not notified the carrier by registered letter of his justified protest. In the absence of this formality and in the event of acceptance of a damaged product, Technic Diffusion cannot be held responsible for damage caused during transport and will not be able to reimburse you or take back the product under any circumstances. Any parcel accepted without reservation will be considered as delivered in conformity.

6. Customer service and right of withdrawal

a) Customer service

Customer service on this site is available Monday to Friday from 9am to 1pm and from 2pm to 6pm on the following toll-free telephone number: 03 20 72 10 13, by e-mail at [email protected] or by post at the following address: TECHNIC DIFFUSION, RUE NICEPHORE NIEPCE PARC D’ACTIVITES BP 40045, 59710, PONT A MARCQ. In the latter two cases, the publisher will endeavor to provide a response within two working days.

b) Right of withdrawal and return of products

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the good or last good.

To exercise your right of withdrawal, you must notify TECHNIC DIFFUSION, RUE NICEPHORE NIEPCE PARC D’ACTIVITES BP 40045, 59710, PONT A MARCQ, 03 20 72 10 13, [email protected] of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You can use the model withdrawal form, but this is not obligatory.

In order for the withdrawal period to be respected, it is sufficient for you to transmit your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of your withdrawal from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earlier.

You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the fourteen-day period has expired.

You must bear the direct cost of returning the goods.

You are only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.

Exclusions

In accordance with article L121-21-8 of the French Consumer Code, the right of withdrawal may not be exercised for contracts concerning :

– The supply of goods made to the consumer’s specifications or clearly personalized;

– The supply of goods which, once delivered and by their nature, are indissociably mixed with other items;

7. Warranty for products purchased on this site

In the event of a defect in a product purchased on this site, the user has a period of two years from the date of discovery of the defect to request an exchange or refund, in accordance with the provisions of the French Civil Code concerning the legal guarantee against hidden defects, and, in application of article L211-5 of the French Consumer Code, the consumer will have a period of two years from receipt of the said product to request repair or reimbursement, in the event that the goods delivered do not conform, in the sense given to this word by the aforementioned article. To exercise any of these rights, the customer should contact the publisher’s customer service department.

In addition to the warranty against hidden defects defined by the French Civil Code and the warranty of good conformity imposed by article L211-5 of the French Consumer Code, which are, where applicable, still applicable and which are defined above, certain items purchased on the present site benefit from a conventional warranty offered by the seller or manufacturer, the duration of which may vary depending on the product, and which will be detailed in particular on the product description sheet and instructions for use.

8. Provisions specific to the nature of certain products

All products sold on this site are marketed in compliance with the laws and regulations in force in France. The compulsory displays required by the legislative and regulatory provisions in force are made on the present site, and in particular in the description sheet for each item.

9. User area

a) Creation

The creation of a user account is an essential prerequisite to any order by a user. To this end, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information, failing which the contract may be terminated at the initiative of the publisher and the user account deleted.

Certain information will be deemed essential for the conclusion of the contract, and its collection will be indispensable for the creation of the account and the validation of the conclusion of the contract. A user’s refusal to provide such information will prevent the creation of the user account and, incidentally, the validation of the order.

b) Operation

This space enables the user to consult all orders made on the site, and also, where applicable, to track the delivery of products purchased.

Should the data contained in the user account disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the publisher of the present site cannot be held responsible, as this information has no probative value but is for information purposes only. However, the publisher undertakes to keep securely all contractual elements whose retention is required by the law or regulations in force.

The publisher reserves the exclusive right to delete the account of any user who has contravened the present general terms and conditions (in particular, but without this example being exhaustive, when the user has knowingly provided erroneous information when registering and setting up his account) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded user, who shall not be entitled to claim any compensation as a result.

This exclusion is not exclusive of the possibility, for the editor, to undertake legal proceedings against the user, when the facts will have justified it.

c) Password

When creating a user account, the user will be asked to choose a password. This password guarantees the confidentiality of the information contained in the user’s account, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site cannot be held responsible for unauthorized access to a user’s account.

10. Exoneration of the publisher’s liability

a) Site accessibility and force majeure

In the event of unavailability of the site due to technical problems or any other cause, the user shall not be entitled to claim any damages or compensation.

The unavailability of one or more products, even for a prolonged period and without any time limit, cannot constitute a prejudice for the user and cannot in any way give rise to the awarding of damages by the site or its publisher.

Under no circumstances may the publisher be held liable for non-performance of the contract due to force majeure, as defined by French law.

b) Visual representation of products

The visual representations of products published on the present site are not guaranteed by the seller to be perfectly faithful to reality, and may vary according to availability and any modifications made by suppliers. The rendering of these representations, particularly in terms of color or shape, may vary considerably from one computer workstation to another, or may differ from reality depending on the quality of the graphic accessories, the screen or the display resolution. These differences cannot in any circumstances be attributed to the seller, who cannot under any circumstances be held liable.

c) Products sold on the site

The publisher undertakes to comply with all applicable provisions in force in France and may not be held responsible for non-compliance with regulatory and legislative provisions in force in other countries.

The editor of the present site cannot be held responsible for misuse of the products, poor maintenance of the products, accidental damage or misuse of the products.

As the products offered for sale on the site are sold uninstalled, the user declares that he/she is responsible for the installation of the products, which must be carried out in accordance with good practice and the instructions for use.

d) Adaptable body parts

Please note that our body parts are adaptable. It is therefore necessary to carry out a blank assembly and make any necessary adjustments or modifications before final assembly or painting. Thank you.

e) Hypertext links

Hypertext links present on the present site may lead to other Internet sites, and the publisher of the present site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of the present site cannot be held liable if the user’s visit to one of these sites causes prejudice.

11. Information relating to the French Data Protection Act

a) General – Purpose – Duration

Users are free to provide personal information about themselves. Providing personal information is not essential for browsing the site. However, registration on the present site implies the collection, by the editor, of a certain amount of personal information concerning the user. Users who do not wish to provide the information required to create a user account will not be able to place orders on the present site.

The data collected is necessary for the proper administration of the services offered on the present site, as well as for the fulfillment of the publisher’s contractual obligations. This data is kept by the editor in this sole capacity, and the editor undertakes not to use it in any other context, nor to pass it on to third parties, except with the express agreement of users or in cases provided for by law.

The contact details of all users registered on the present site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable period necessary for the proper administration of the site and normal use of the data. This data is stored in secure conditions, using current technology, in compliance with the provisions of the French Data Protection Act of January 6, 1978.

b) Right of access, rectification and opposition

In accordance with the French Data Protection Act, the user has the right to oppose, question, access and rectify any data provided. To do so, they simply need to send a request to the editor of the present site, to the following e-mail address: [email protected], or by post to the address of the editor’s head office mentioned at the head of these general conditions.

The personal data collected is processed by computer and is reserved exclusively for the site editor.

The data controller is Guy Ledez.

CNIL registration number :

c) IP address

In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same length of time as personal information and will only be used to enable the proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by dots, enabling the unique identification of a computer on the Internet.

The publisher must disclose all personal data relating to a user to the police (upon judicial requisition) or to any other person (upon court order). The IP address of any computer may be matched with the actual identity of the subscriber held by the ISP (Internet Service Provider).

12. Information concerning the collection of cookies

a) General – Purpose – Duration

In order to enable users to optimize their browsing experience on the present site and to improve the operation of the various interfaces and applications, the publisher may install a cookie on their computer. This cookie is used to store information relating to navigation on the site (date, page, time), as well as any data entered by the user during his/her visit (searches, login, email, password). These cookies are stored on the user’s computer for a variable period of up to 12 months, and may be read and used by the publisher when the user visits the present site at a later date.

b) Right to object to cookie installation

Users have the option of blocking, modifying the retention period, or deleting this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In this case, navigation on the present site will not be optimized. Should the systematic deactivation of cookies on the user’s browser prevent him/her from using certain services or functionalities provided by the editor, this malfunction shall in no way constitute damage for the user, who shall not be entitled to claim any compensation as a result.

c) Deleting cookies

Users may also delete any cookies already present on their computer, by going to the appropriate menu in their browser (generally, Tools or Options / Privacy or Confidentiality). Such action has no effect on browsing on the present site, but causes the user to lose all the benefits provided by the cookie. In this case, you will have to re-enter all your personal data.

13. Intellectual property rights in the elements of the site

All the elements making up the present site belong to the editor or are the subject of an operating authorization and are protected by legislation relating to intellectual property.

The user therefore acknowledges that, in the absence of authorization, any total or partial copy, distribution or use of one or more of these elements, even if modified, may give rise to legal proceedings being taken against the user by the publisher or its assignees.

This protection applies not only to the textual and graphic content of the site, but also to its structure, name and graphic charter.

Similarly, the user acknowledges that he/she has been informed that the matrix of the present terms and conditions has been registered with a bailiff and that any reproduction, even partial, of the present document may give rise to legal proceedings for economic parasitism.

14. General provisions and applicable law

a) Modification of general terms and conditions

The present general terms and conditions may be modified at any time by the site editor or his representative. The general terms and conditions applicable to the user are those in force on the day of the order. The publisher undertakes, of course, to keep all its previous terms and conditions and to send them to any user who requests them.

b) Applicable law and jurisdiction

These general terms and conditions are subject to French law and to the exclusive jurisdiction of the French courts. The language of the contract is French; any foreign-language version available on the site is for information purposes only. Similarly, the present site may be translated into various languages to facilitate navigation for non-French-speaking users wishing to order from the site.

IN THE EVENT OF A DISPUTE WITH A CUSTOMER WHO IS A MERCHANT AS DEFINED BY FRENCH LAW, THE COURTS IN THE JURISDICTION IN WHICH THE PUBLISHER IS ESTABLISHED SHALL HAVE EXCLUSIVE JURISDICTION.

c) Amicable settlement of disputes

Except in the case of public policy provisions, all disputes arising in connection with the execution of the present terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly pointed out that requests for amicable settlement do not suspend the time limits for taking legal action.

d) Severability

Should any clause of the present terms and conditions be declared null and void by a court decision, such nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.

e) Non-waiver

The temporary or permanent non-enforcement of one or more clauses of these general terms and conditions by either party shall in no way imply waiver of the other terms and conditions.

If a consumer wishes to cancel his order, he can use the form below.

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SAMPLE CANCELLATION FORM

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of TECHNIC DIFFUSION, RUE NICEPHORE NIEPCE PARC D’ACTIVITES BP 40045, 59710, PONT A MARCQ, 03 20 72 10 13, [email protected] :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of services (*) below:

Ordered on (*)/received on (*): …………………………………………………………………….

Name of consumer(s): …………………………………………………………………

Address of customer(s): ……………………………………………………………..

Signature of consumer(s) (only in the case of notification of this form on paper): ….

Date : ……………………………………………………………………………………………….

(*) Delete as appropriate.

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