Article 1- Scope of the general conditions of sale
These general conditions of sale ("the GTC") apply to orders placed on the website https://proficook-france.fr by a customer ("the Customer").
Proficook-france.fr offers the sale of all items, small household appliances, user-friendly cooking, kitchen accessories, household equipment, any appliance and / or electrical product.
Prior to his order, the Customer declares that the acquisition of these products is intended for private and domestic use unrelated to his professional activity. If this were to be the case, Proficook-france.fr particularly draws the Client's attention to the exclusions of contractual guarantees and liability as referred to in particular in Articles 10 and 11 presented below.
Any order placed on the Proficook-france.fr site assumes that you are aware of these GTCS and implies the Customer's agreement to all of their content without reservation.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the civil code). This validation implies acceptance of these GTC and constitutes proof of the sales contract.
Proficook-france.fr reserves the right to adapt or modify these T & Cs at any time. In this case, only the general conditions of sale in force when the order is taken will then be applicable.
The Customer is advised to save and / or print these T & Cs for safe and durable storage, and thus be able to invoke them at any time during the execution of the contract if necessary.
In all of these, the Customer will be understood as the one with whom the purchase-sale relationship is established and who will be invoiced for the order.
Article 2- Price
All the prices of the products and services offered for sale on the Proficook-france.fr site are expressed in euros, all taxes included, at the rate of VAT in force, excluding participation in processing and shipping costs.
Proficook-france.fr reserves the right to modify its prices at any time but undertakes to apply the prices in force when the order is registered.
The products remain the property of Proficook-france.fr until full payment has been received. However, as from the removal or receipt of the order by the Customer or his representative, the risks of the goods withdrawn or delivered are transferred to the Customer.
Article 3- Order validation
Orders are placed on the Proficook-france.fr website
Proficook-france.fr draws the Customer's attention to the method of accepting the order placed on the Proficook-france.fr website. Placing an order and accepting the GTC (by checking the box provided for this purpose) "is equivalent to" electronic signature "and is equivalent to a handwritten signature. Unless proven otherwise, the data recorded by Proficook-france.fr on the Internet constitute the proof of all transactions between the company and its Customers.
The contractual information of the order and the order number will be confirmed to you by e-mail as soon as possible and at the latest at the time of delivery of your order. You are advised to print and / or save on a reliable and durable medium this order confirmation as proof. A digital invoice is made available to you in the "Your account" area. You are advised to print it and / or archive it on a durable medium ".
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of Proficook-france.fr can in no way be sought in the event that an error when placing the order would prevent or delay delivery.
The Customer declares to have full legal capacity allowing him to engage under these GTC.
Article 4- Security
The site is subject to a security system for the SSL encryption process.
Secure payment allows rapid processing of orders while ensuring Customer safety.
Thanks to the SSL encryption process, the client is automatically directed to the server of our banking partner. The transaction goes into secure mode guaranteeing the confidentiality of the information provided.
This SSL encryption guarantees that the bank references (credit card number, expiration date and cryptogram), encrypted, do not transit in any way either on the network or even on the Proficook-france.fr site.
Article 5- Availability
The product and price offers are valid as long as they are visible on the site, within the limits of available stocks and subject to manifest error.
In the event of unavailability of a product after placing the order, the Customer will be informed of the period under which the product will be made available. The Customer who does not wish to wait for this provision or in the event of definitive unavailability of the product, is reimbursed if his bank account has been debited, and this within fourteen days of the effective date of payment.
Article 6- Payment
To pay for his order, the Customer has his choice of all the payment methods presented on the "Payment" page as part of the shopping tunnel.
The Customer guarantees Proficook-france.fr that he has the necessary authorizations to use the method of payment chosen by him, when ordering.
Payment is made in cash on the day of the order by credit card bearing one of the following abbreviations: CB, Visa, Mastercard, American Express.
The order will only be considered as accepted by Proficook-france.fr when the concerned bank payment centers have given their agreement and Proficook-france.fr has validated the order with regard to its risk acceptance criteria.
The Customer will be informed of the validation of the order by sending the order confirmation by email.
In case of refusal of the file, the order will be automatically refused and the Customer will also be informed by email.
Article 7- Delivery
Deliveries are made only in mainland France and Monaco.
The products are delivered to the delivery address indicated by the customer during the ordering process.
The delivery time for orders is 72 hours from the dispatch of the order.
Proficook-france.fr undertakes to make its best efforts to deliver the products ordered by the customer within the deadlines specified above. However, these deadlines are provided for information only.
In the event of a delivery requiring an appointment with the customer, the carrier will contact the customer as soon as possible to arrange a delivery appointment, 10 days at the latest from the date of the delivery. order validation.
Proficook-france.fr cannot be responsible for late delivery due exclusively to unavailability of the Customer after several appointment proposals by the carrier.
In all other cases, the products therefore travel at the risk and peril of Proficook-france.fr.
The delivery time or non-performance of the contract can in no case result in the payment of damages to the benefit of the Customer.
If the products ordered have not been delivered within five (5) days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code and by sending a registered letter with acknowledgment of receipt to the following address:
LE PETIT PATRON - 11 AVENUE FRIDINGEN - 77100 NANTEUIL LES MEAUX
As such, the sums paid by the customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or withholding.
In the event of non-compliance with the shipping deadline mentioned in these T & Cs, the customer can cancel his order
The resolution of the sale will only be effective if the dispatch or delivery has not taken place between the sending and receipt of said letter.
The Customer undertakes, for himself or for the recipient of the order, to take delivery of the goods to the address he indicated when ordering.
Upon delivery, the Customer or the recipient of the products must be able, if requested, to prove their identity.
The Customer undertakes, after opening and checking the contents of the package (s) in the presence of the carrier, to sign, if applicable, the delivery receipt presented by the delivery person.
In the event of a problem, the Customer will make all reservations corresponding to the observations noted on the attendance sheet, have the delivery person countersigned and keep a copy of the document.
In the event of transport damage, the customer must refuse the damaged product to the delivery person and indicate "Refusal for damage" on the payment sheet, failing which any recourse against the latter would be impossible.
By signing the delivery receipt apart from specific reservations, and accepting the products, the Customer acknowledges having received the goods in a condition giving them complete satisfaction.
Therefore, any claim against the carrier related to the condition of the products delivered cannot be accepted.
In the event of delivery that does not comply with the order in terms of quality or quantity, the customer must inform Proficook-france.fr, indicating the order reference.
If the customer has not been able to observe the damage of transport upon delivery and in accordance with Article L 133-3 of the Commercial Code, receipt of the objects transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which following that of receipt, the customer has not notified the carrier, by bailiff or registered letter, of his reasoned protest.
The following provisions are common to all provision / delivery methods.
The delivery time of the goods is brought to the attention of the Customer before the validation of his order.
In the event of late delivery, the Customer may cancel his order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, the seller to carry out delivery within a reasonable additional period, the latter has not been executed within this period.
The order will be considered canceled upon receipt by Proficook-france.fr of the letter or writing informing it of this cancellation, unless Proficook-france.fr has done so in the meantime.
If the Customer is absent during the delivery of a package, a calling card will be left for his attention. For non-bulky products, the package will be presented free of charge a second time (if notice of transit on Monday and Tuesday, the package is shown on Wednesday, if notice of transit Thursday and Friday, the package will be shown on Monday).
For bulky products, the parcel will be represented to him after a new appointment has been agreed with the Proficook-france.fr Customer Service, within a maximum working period of 20 days from the first notice. Failure to receive the product by the Customer at the expiration of these periods due to absence, Proficook-france.fr reserves the right to recover the goods. After contact with the Customer, either by telephone or by e-mail, the order will be with the agreement of the Parties, or canceled and Proficook-france.fr will then refund the product by crediting the Customer's bank account within a period of time. 30 days from receipt of the returned product, after deduction of the transport costs remaining payable by the Customer, or returned to the delivery address with the shipping costs payable by the Customer. If the Customer does not respond within 10 days of sending the e-mail, the order will be automatically canceled and the package returned to Proficook-france.fr, the transport costs remaining the responsibility of the Customer.
Article 8- Compliance
The Customer is required to check the condition of the packaging as well as the products upon delivery before signing any delivery document.
If the package was clearly damaged during delivery, the Customer must refuse the package, specify it and make specific reservations on the delivery slip. This verification is considered to have been carried out once the Customer, or any person authorized to receive the package on his behalf, has signed the delivery document.
The Customer must formulate with Proficook-france.fr Customer Service on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of products in kind or in quality compared to the indications on the order form.
The formulation of this complaint to the Proficook-france.fr Customer Service can be made in the form of an email to firstname.lastname@example.org.
Upon receipt of the complaint, the Customer Service Proficook-france.fr will communicate by e-mail to the Customer all the procedure to be followed to effect the exchange of the product (s) concerned, it being specified that the exchange of a product can only take place if the return procedure is respected.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to LE PETIT PATRON as a whole and in its original packaging, by registered Colissimo, to the following address: LE PETIT PATRON - 11 AVENUE FRIDINGEN - 77100 NANTEUIL LES MEAUX. To be accepted, any return must be reported in advance to Customer Service via the after-sales service form on https://apreslavente.com and the Customer's contact details must be indicated on the package as well as the invoice to the package. Shipping costs are the responsibility of the customer, except in the event that the product ordered is not the product received, a return slip will then be sent to you.
Proficook-france.fr undertakes to reimburse or exchange products that do not comply with the Customer's order, within 10 days.
In all the cases referred to in this article 8, the return of products can only be accepted for complete products, in their original condition (original packaging, instructions, accessories, etc.).
Article 9- Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days. 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 goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration by post to the address: LE PETIT PATRON - 11 AVENUE FRIDINGEN - 77100 NANTEUIL LES MEAUX, or by email to email@example.com
The Customer is informed that he does not have the right of withdrawal for any product that is not returned in its original packaging allowing the product to be put back on sale.
In the event of your withdrawal, we will reimburse you for all payments related to your order, including delivery costs, in any event, no later than fourteen days from the day we receive the product subject to withdrawal.
We will process the refund using the same payment method you used for the initial transaction.
You will have to bear the direct costs of returning the goods.
Article 10- Guarantees and after-sales service
10.1. Reminder of legal provisions
Regardless of the contractual guarantee developed below, LE PETIT PATRON remains liable for defects in the conformity of the goods with the contract under the conditions provided for in articles L217-4 et seq. Of the Consumer Code and for hidden defects in the product sold under the conditions provided. in articles 1641 and following of the civil code.
It is recalled that within the framework of the legal guarantee of conformity, the consumer and the non-professional:
- has a period of two years from the delivery of the good to act vis-à-vis its seller;
- can choose between repair or replacement of the property, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months (twenty-four months) following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the property. It is recalled that the consumer can 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.
Art. L217-4 of the Consumer Code:
"The seller delivers 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 it has been installed. at its charge by the contract or has been carried out under its responsibility. "
Art. L217-5 of the Consumer Code:
"The good conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
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 which the latter has accepted."
Art. L217-12 of the Consumer Code:
"The action resulting from the lack of conformity lapses two years after delivery of the goods."
Art. L 217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention."
Art. 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or 'would have given a lower price, if he had known them."
Art. 1648 paragraph 1 of the civil code:
"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of vice.
10.2. Conditions of the contractual guarantee
In addition to the legal guarantees from which the customer benefits, the products purchased may benefit from a contractual guarantee, the terms of which are described below.
This contract guarantees the repair of the device following damage affecting its proper functioning and resulting from a phenomenon of internal origin.
The guarantee is valid throughout the territory of mainland or continental France and the Principality of Monaco.
To be able to benefit from the product warranty, it is imperative to keep the purchase invoice. Only the latter has value of proof of purchase. The warranty will end at the end of the defined period of 1 year.
Under these conditions, LE PETIT PATRON undertakes:
- To repair the customer's device free of charge during the 21 days following its purchase, if the latter finds a malfunction. In the event of repairability, LE PETIT PATRON undertakes to ensure the proper functioning of devices having suffered a breakdown. internal origin; this warranty covers the replacement of defective parts,
- If the device is beyond repair, LE PETIT Boss may replace the device with a new device with the same characteristics, asking the Customer to pay the price difference if the new device is more expensive. In the event of replacement of equipment in fulfillment of the contractual guarantee, the new equipment does not benefit from a new contractual guarantee but from the guarantee period remaining to run until the expiry of the initial contractual guarantee.
In all cases, all devices must be sent to the after-sales service SAV LE PETIT PATRON - 11 AVENUE FRIDINGEN - 77100 NANTEUIL LES MEAUX under the conditions below:
- device in perfect condition, clean and without any signs of use;
- in its complete original packaging,
- accompanied by the purchase invoice,
10.3 Exclusion of the guarantee.
ARE NOT COVERED:
- Damages involving the liability of a third party or resulting from willful or willful misconduct.
- Damage resulting from use of energy, use or installation not in accordance with the manufacturer's instructions or negligence.
- Replacement of accessories (such as: filters, brush and vacuum cleaner hose, etc.), replacement of batteries, bulbs, and all presentation parts that do not hinder the correct functioning of the device.
- The replacement or repair of devices resulting from oxidation.
- Replacement or repair of LCD screens due to the presence of defective PIXELS.
- Replacement linked to connection or commissioning errors.
- Damage resulting from industrial or commercial use.
- Damage resulting from fire, lightning, storm or vandalism.
- Material and immaterial damage resulting from the breakdown of the device (disturbance of use, content of the devices, etc.)
The above provisions can in no way reduce or eliminate the legal guarantee against latent defects.
Article 11- Liability
The photographs reproducing the products are not contractual. The Customer is called upon to acquaint himself with the technical characteristics of the products before placing his order.
In the event of hypertext links, the responsibility of Proficook-france.fr cannot be sought in the event that the content of the external site contravenes legal and / or regulatory provisions.
The total or partial inability to use products due to incompatibility of materials may not give rise to any compensation whatsoever or reimbursement or questioning of the liability of Proficook-france.fr.
It is recalled that in the event of a purchase on a professional basis, Proficook-france.fr disclaims all liability for any damage that may arise as a result of the purchase of products in a context of professional use.
Article 12- Treatment of waste and electrical and electronic equipment
Proficook-france.fr informs the Customer that electrical and electronic equipment at the end of its life, obsolete or which no longer works must not be thrown in the trash or in the selective sorting bins of its municipality, and this in application of 2005 regulations applicable to all European countries, and in particular in France since November 15, 2006 The purpose of this regulation is in particular to limit the wastage of raw materials and to protect the environment and human health by avoiding dispersion in the nature of substances contained in certain devices.
Thus, 2 possibilities are offered to the Customer:
- either drop off the used equipment at local recycling centers or collection points set up by local authorities,
- either donate the equipment to an association with a social vocation,
Article 13- Applicable law and disputes
These general conditions of sale and the online sales contract are subject to French law. In the event of a dispute or complaint, the Customer is recommended to contact Proficook-france.fr Customer Service in order to seek and find an amicable solution. In the absence of an amicable agreement between the Parties, the dispute will be submitted to the competent French courts within the jurisdiction of the head office of the company LE PETIT PATRON.