General Terms and Conditions of Sale
TERMS OF SALES
These general conditions of sale apply without restriction or reservation to all online sales offered by CRB France on the website accessible at www.careboo.fr (hereinafter: the "Site").
I.Conditions d’application
These general conditions of sale apply to any order placed remotely by a natural person with legal capacity and acting in a personal capacity as a consumer directly on the Site accessible at the following address: www.careboo.fr (hereinafter, together the "Site")
Application exclusions
The GTC are not applicable to professionals. A professional shall mean any natural or legal person, whether public or private, who acts for purposes relating to his trade, business, craft, profession or agricultural activity, including when acting in the name or on behalf of another trader.
Changes to the GTC
These GTC may be modified at any time by CRB France. It is your responsibility to consult and formally accept them before any order. The applicable GTC are those appearing on the Site at the time of your order and attached to the confirmation email of your order. Any order placed on the Site implies the full, unreserved and unconditional acceptance of the GTC in force at the time of said order.
II. ORDERS FOR ITEMS ON THE SITE
Any order of one or more items (hereinafter the "item(s)) requires that you have a valid credit card or a PayPal account and that delivery is made to your home in metropolitan France.
Only orders for which your payments and files have been previously validated by CRB France will be taken into account.
- You must have a valid email address accessible from a computer, tablet, smartphone, or equivalent login device.
- When ordering, you choose the item(s) you wish to order. A summary of your order is presented online. You can modify or accept it to confirm your order,
- When ordering, you must read these "General Terms and Conditions of Sale" and accept them,
- You will then receive a confirmation of your order at your e-mail address.
The electronic data contained in the order form completed and validated by you have probative value. CRB France reserves the right, prior to delivery of the Product(s) and/or Accessory(s), to carry out checks on this information.
III. THE PRICE OF THE ITEMS
The price of the items (excluding delivery costs) is that indicated on the corresponding product sheet, accessible on the Site. CRB France reserves the right to modify the price of its items at any time, in compliance with applicable legislation.
The products or services you order will be invoiced to you on the basis of the price in force on the Site at the time of validation of your order.
The applicable price is the one indicated on the summary of your order (indicated on the confirmation email).
The price of the item(s) is payable at the time of order and indicated in euros, all taxes included and excluding delivery costs.
For eligible products, the price displayed on the product sheet includes the amount of the eco-participation.
You can check the amount of delivery charges applicable to your order as well as when you select the delivery method of your order.
These possible costs are indicated to you as and when the order is placed and are invoiced at the end of the order in addition to the price of the selected item(s). For professionals, any delay in payment will automatically result in the application of a late payment penalty equal to 3 times the legal interest rate.
CRB France does not proceed to the reservation of stock (except in the special case of products indicated in "pre-order" indicated in the product sheet), the placing in the basket of a product or service does not guarantee the availability of said item as well as its price.
IV. AVAILABILITY
Items are available as long as they are visible on the Site and unless otherwise stated. In the event that an item is missing, you will be contacted by CRB France within 48 working hours from the date of your order by email or telephone.
This contact will allow you to know how soon the item(s) could be delivered.
In case of total unavailability of the item ordered, you can request either the refund of the price of your entire order in the event that it has been invoiced and cashed, within a maximum period of thirty (30) days from payment, or the replacement by an item of an equivalent price.
V. DELIVERIES
Terms of delivery
Orders are delivered to the address of your home address provided at the time of the order. An identity document may be requested at the time of delivery of the order so that the carrier verifies the correspondence between your identity and that entered at the time of your order.
In the absence of order validation, you are informed either of the cancellation of your order, or of a request for the provision of additional supporting documents. In the latter case, from the receipt of these parts and their validation, your order will resume the course of its preparation.
Subject to availability of receipt and validation of your files and the means of payment offered by CRB France on the day of the order, the delivery of your order occurs at the latest on the date mentioned on the page of choice of the delivery method before the final validation of your order.
In case of orders made during non-working days (weekend, public holiday, or non-working day), the deadlines are counted from the first working day following.
You have a period of 24 hours after delivery of the item(s) to report any missing items to the CRB France complaints service by sending an email to service-client@careboo.fr to allow CRB France to assert its rights against the selected carrier. You are informed within five (5) days about the delivery times of the missing item after verification by CRB France.
Case of damaged items delivered
Upon receipt or withdrawal of your order, you must check the condition of the package(s) received and report any non-conformity on the delivery note or refuse delivery.
In the event that, after acceptance of the package, you find that the item ordered is damaged, you can report it to us:
- by using the contact form on the site www.careboo.fr and this, at the latest within 3 (three) calendar days after receipt of your order (or 10 days) if the carrier does not justify having given the Customer the opportunity to effectively check their good condition, delivery, by registered letter with acknowledgment of receipt addressed to the carrier and copy to the Seller (to the email address: service-client@careboo.fr
WE. TRANSFER OF OWNERSHIP AND RISK
The transfer of ownership of the item(s) ordered is subject to the effective and full receipt of the price, principal and accessory.
Failure to pay for the item(s) ordered may result in the claim of the item(s) by CRB France.
The risks (including theft, loss, damage) are transferred to you upon delivery of the item(s) and no refund can be requested from CRB France in this respect.
VII. Conditions for returning accessories
A. RIGHT OF WITHDRAWAL
In accordance with Article L 221-18 of the Consumer Code, you have a right of withdrawal (except in the cases provided for in Article L 221-28 of the said Code) that can be exercised within 15 (fifteen) clear days from the day after the delivery date of your order. In the event of an order for several items, the withdrawal period of 15 (fifteen) days runs from the day after the date of receipt of the last item (the postmark being proof of the date of dispatch). When the period of 15 (fifteen) days expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
Terms of withdrawal
For ununpacked and unused items, we proceed to an exchange*:
- With the exception of hygiene products, accessories and consumables.
- For any return, the product must be returned in its new packaging not unpacked in blister intact, with its accessories and in condition to be remarketed.
B. RETURN OF ITEMS
You must return the product(s) subject to withdrawal to the Seller, without undue delay and, in any event, no later than 15 (fifteen) days following the date of communication of your decision to withdraw. This period is deemed to have been respected if you return the product(s) before the expiry of the 15 (fifteen) day period.
The request for the exchange or refund of the item(s) ordered must be made in advance to the email address service-client@careboo.fr
Return costs are the responsibility of the customer.
The return of products is under your responsibility and at your expense. Any damage suffered by the item(s) on this occasion is likely to prevent the exercise of your right of withdrawal. We recommend that you take out insurance for the transport of the returned item(s). Even if these insurances remain optional, they can be useful to protect you against possible breakage, loss or theft.
The item(s) for which reimbursement is requested must be returned, for security reasons, by registered mail.
The return of item(s) is made in their original packaging, and in good condition, with all possible accessories and documentation. The item(s) must/must be in perfect condition for resale.
Thus, any incomplete or damaged item following manipulations other than those necessary to establish its nature, characteristics and / or proper functioning will not be refunded.
Any order returned incomplete to the address indicated and / or in case of absence of the return number of the item (s) and / or the return of the item (s) to an address different from that communicated by CRB France, will not be treated as return therefore not refunded.
C. REPAYMENT CONDITIONS
In the event that you exercise the right of withdrawal, you will be refunded within 30 (thirty) working days following the date on which you exercised your right of withdrawal. Nevertheless, CRB France may defer reimbursement until the products are actually recovered.
It is specified that an item that has benefited from a promotional benefit will be refunded at the price that you have actually paid or that should have been paid if it no longer meets the conditions to benefit from it. In other words, the refund will be for the price of your order invoiced and collected by CRB France.
Only the return costs are at your expense except in the case where you have chosen to benefit from a substitute item in case of unavailability of the item (s).
VIII. WHO TO CONTACT?
For any question, a service is dedicated to answer you info@careboo.fr
IX. YOUR ANCILLARY WARRANTIES
All items benefit from legal guarantees and possibly a manufacturer's warranty.
A. LEGAL GUARANTEES
If you notice a defect on your item, you must contact us at service-client@careboo.fr. We will perform an online pre-diagnosis. If the non-conformity found seems to be a defect covered by the warranty, we will proceed to the repair or exchange of your item. For this, you will have to follow the procedure indicated by CRB France. Upon receipt of your Accessory, a diagnosis of your item will be carried out by our advisors. If it is confirmed that the defect is covered by the aforementioned guarantees, we will send you a new item to your home.
We then undertake to return an identical or superior quality item.
If it turns out, after diagnosis, that the defect is not covered by the aforementioned guarantees, we will return your original item to you.
In all cases, it is your responsibility to keep the proof of purchase in order to benefit from the warranty.
It is recalled that within the framework of the legal guarantee of conformity, the consumer:
· has a period of two years from the delivery of the property to act vis-à-vis its seller; · may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; · is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods. The legal guarantee of conformity applies independently of the commercial guarantee that may cover your property. It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. |
B. MANUFACTURER'S WARRANTIES
- The manufacturer's warranties do not exclude the legal guarantee of conformity or that of hidden defects reproduced at the end of this article.
- The commercial and manufacturer warranties are valid for normal use of the Product(s) and/or Accessory(s) and do not cover, in particular:
- Damage whose cause is external to the Accessory: negligence, misuse, shock or fall, poor connection, the effects of electrical surges, insufficient protection against moisture, heat or frost, lightning, water damage, modifications, repairs or attempts thereof carried out by a person not authorized by CRB France and more generally damage of any kind whose origin is subsequent to delivery,
- Damage suffered by the user as a result of a malfunction of any item(s) and, in particular, any operating loss, any commercial, financial or moral prejudice,
- Loss, theft or breakage of the item(s).
X. DATA PROCESSING AND FREEDOMS
When using our online ordering services we will collect personal data about you.
Personal data is processed in accordance with the provisions of the Customer Personal Data Policy, available in "GDPR Information" at the bottom of each page of the Site.
- In accordance with Article 34 of the law "Informatique et Libertés" of 6 January 1978 and the General Data Protection Regulation (GDPR) which came into force on 25 May 2018, you benefit, throughout the Storage Period at any time, from a right of access, a right of rectification, a right of partial or complete erasure, personal data about you. You can also object to the processing of your personal data, request its limitation, or portability where possible. Finally, you can send instructions to CRB France regarding the use of your data after your death. You can also exercise your rights via the contact form at http://www.careboo.fr
You have the right to lodge a complaint with the CNIL or with any competent supervisory authority.
XI. ATTRIBUTION OF JURISDICTION
These General Terms and Conditions of Sale are subject to French law. In the event of a dispute for the interpretation or execution of these terms and conditions, exclusive jurisdiction is attributed to the Commercial Court of Paris, with the exception of disputes with non-merchants for which the rules of legal jurisdiction apply.
Annex 1
Articles relating to the legal guarantee and the guarantee against hidden defects Article L. 217-4 Consumer Code The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L. 217-5 Consumer Code The property is in accordance with the contract: 1. If it is fit for the use usually expected of a similar good and, if applicable: o if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; o if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted. Article L217-12 Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article L. 217-16 Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or the making available for repair of the property in question, if this provision is subsequent to the request for intervention. Article 1641 Code civil The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them. Article 1648 paragraph 1 Civil Code The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. |