TERMS OF SALES
1. Preamble
The company Ma Box de Cross, whose legal notices are on the website, is a limited liability company with capital of 1000 euros.
The website accessible at the address “ https://maboxdecross.fr/ » allows the company Ma Box de Cross to offer a platform to inform, connect, encourage and support the CrossFit ®, Cross Traning and Functional Fitness community, both through through articles, videos, but also by referencing the boxes with their characteristics. The site also allows you to offer for sale items directly or indirectly linked to CrossFit ®, Cross Traning and Functional Fitness via the page: “ https://mbcstore.fr/ ” and “ https://frenchistough.fr/ ”
The Company is the owner and publisher of the website https://frenchistough.fr/ (hereinafter “the Site”). The Site is hosted by Shopify, located at 126 York St. Ottawa, ON K1N 5T5, in Canada.
Governed by articles L.111-1 et seq. of the Consumer Code, these general conditions of sale determine the rights and obligations of the parties. By the sole fact of validating his order on the website accessible at the address “ https://frenchistough.fr/ ”, the user declares to have read, understood and accepted without reservation the terms of said order as well as the entire of these general conditions of sale.
It is specified that the products are intended for the user's personal use, without any direct connection with the user's professional activity.
2- Presentation of the Company
These General Conditions of Sale apply, without restrictions or reservations, to all sales concluded by the company Ma Box de Cross, a limited liability company with capital of 1000 euros, registered in the Pontoise Trade and Companies Register under the number 884 241 878., represented by Fabien Loyer, and whose head office is located at 11 cours du Danube 77700 Serris (hereinafter referred to as “The Company”) serving consumers and professional or non-professional buyers (hereinafter referred to as “The Company”) -after the “Customer” or “Customers”), wishing to acquire the products (hereinafter the “Products”) offered for sale by the Company via its site.
3 – Definitions
“Customer” means the professional, non-professional, or Consumer who has placed an order for a product sold on the website “ https://mbcstore.fr/ ”;
“Order” means any order placed by the User on the website;
“General Conditions of Sale” or “CGV” designate these general conditions of sale, use and online sale;
“Consumer” means the buyer who is a natural person who is not acting for professional needs and/or outside his professional activity;
“Parties” means the Company and the Client;
“Products” means material things which may be the subject of appropriation and which are offered for sale on this site;
“Professionals” means the buyer, legal or natural person who acts within the framework of his professional activity and who is not subject to the provisions applicable to consumers;
“Site” means the sales page of the Company’s website, i.e. “ https://frenchistough.fr/ ”;
“Company” means the company Ma Box de Cross, more fully described in article 2 hereof;
“User” means any natural or legal person who uses and browses this Site.
4 – Purpose
The purpose of these General Conditions of Sale is to define, throughout the world, exclusively due to the relationships they establish on the Internet network and only on the Site, the rights and obligations of the Parties arising from the online sale of the Products. offered on the Site. They specify in particular the conditions of Order, payment, delivery and management of possible returns of Products ordered by Customers.
Any User of the Site undertakes to respect, without restriction or reservation, these General Terms and Conditions, whether they visit it or place an Order. The Customer is required to read it before placing an Order.
The main characteristics of the Products and in particular the specifications, illustrations and capacity indications of the Products are presented on the Site. It is up to the Customer to take this into account before purchasing.
These General Conditions of Sale apply to the exclusion of all other conditions, and are accessible at any time on the Site and are systematically communicated to the Customer who requests it. In the event of a subsequent modification of the General Conditions of Sale, the version applicable to the Customer's purchase is that in force on the Site on the date the Order is placed.
The Customer declares to have read and accepted these General Terms and Conditions before placing their Order.
Validation of the Order by the Customer therefore constitutes acceptance of these General Terms and Conditions without restriction or reservation, and prior, full and complete acceptance of the General Conditions of Sale.
Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
5 – Legal capacity
To purchase the products, you must be of legal age and capable, i.e. legally considered authorized to enter into a contract. The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Site.
6 – Geographic area
The Products are available for France and the European Union on the Site in French.
7 – Access to the service
Before any use of the Site, the Customer must ensure that he has the technical and IT means allowing him to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain viruses.
The Site is in principle accessible by the Consumer at all times, except in the event of voluntary or unintentional interruption, in particular for maintenance needs or force majeure. The Company being in fact, by its activity, bound by an obligation of means, it cannot be held responsible for any damage whatever its nature, resulting from unavailability of the Site.
8 – Deactivation of customer account
In the event of non-compliance with the obligations arising from acceptance of these General Terms and Conditions, incidents of payment of the price of an Order, provision of incorrect information when creating the account or acts likely to harm the interests of the Company, the latter reserves the right to suspend access to the Ma Box de Cross service or, depending on the seriousness of the acts, to terminate the customer account. The Company reserves the right to refuse to contract with a Client who has been excluded or sanctioned for such actions.
9 – Proof
The Client recognizes the validity and probative force of the electronic exchanges and records kept by the Company and admits that these elements receive the same probative force as a handwritten signed document under Law No. 2000-230 of March 13, 2000. adapting the law of evidence to information technologies relating to electronic signatures.
10 - Ordering Products on the site
The Company reserves the right to correct the content of the Site at any time.
The Customer can find on the product page the period during which, or the date until which, the products are available on the market.
The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product(s) does not engage the responsibility of the Company and does not affect the validity of the sale.
The Customer selects the Product(s) he/she wishes to purchase, then adds them to his/her virtual basket, and can access the summary of his/her Order at any time by pressing the “basket” button.
The Order summary presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s) of the Order. The Customer has the possibility of modifying his Order and correcting any errors before accepting his Order.
After accessing the summary of their Order, the Customer confirms acceptance of their Order by checking the T&C validation box, then clicking on the Order validation icon. The words “Order with payment obligation” or a similar formula devoid of any ambiguity appear next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.
After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
After validation of his Order and in order to be able to proceed with payment, the Customer enters the contact details to which he wishes to obtain delivery of the Products, and invoicing if they are different. The delivery process is described in article 12 of these General Terms and Conditions.
The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.
After having validated their delivery details and, where applicable, invoicing, the Customer proceeds to pay for their Order according to the terms specified below.
The validation of its delivery and, where applicable, invoicing details will result in the formation of the sales contract between the Company and the Customer.
11 - Price and payment terms of the order
The prices are mentioned on the Site in the descriptions of the Products, in euros and excluding tax and all taxes included.
The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates his Order, provides and validates his delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated all taxes included.
The Order of Products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card, unless special sales conditions are expressly accepted by the Customer and the Company.
In the event of payment by credit card, the Site uses the security system of stripe, a service provider specializing in online payment security. This system guarantees the Customer total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
The Customer guarantees to the Company that he has the necessary authorizations to use the payment method when placing the Order.
The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
Within three (3) days following receipt of the order placement, a request for debit from the bank account will be sent to the paying organization.
The sales contract will be concluded upon receipt of authorization to debit the account from the paying agency.
In the event of total or partial non-payment of the Products, the Customer must pay the Company a late payment penalty at a rate equal to three (3) times the legal interest rate.
In addition to the late payment compensation, any sum, including the deposit, not paid on its due date by the Professional Customer will automatically produce the payment of a fixed compensation of forty euros (€40) due in respect of the collection costs.
No compensation may be made by the Customer between penalties for delay in the provision of the services ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Site.
The penalty owed by the Customer is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price.
12 - Use of services/delivery
The product(s) offered on the Site can be delivered to any location.
The Company undertakes to deliver the product(s) within a period not exceeding 2 to 5 working days from the Order date. THE delivery costs are the responsibility of the customer and must be paid at the time of finalization of the order.
The Customer is informed by email, when their Order is ready, of its shipment. The product(s) ordered(s) are delivered to the delivery address indicated by the Customer when placing the Order under the conditions specified in Article 10 of these General Terms and Conditions.
The Customer must ensure that the information communicated is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details which may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of a delay and/or delivery error, the Customer cannot under any circumstances hold the Company liable in the event of non-delivery, and the Company's customer service will contact the Customer for a second delivery. on client fee.
However, if the Products ordered have not been delivered within thirty (30) days from the placing of the Order, 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.216-6 of the Consumer Code. 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, excluding any compensation or withholding.
The Company will also not be responsible if the non-receipt of the Products is due to the action of a third party outside its intervention or in the event of theft.
If the Order is returned due to the Customer's absence, the Company's customer service will contact the Customer for a second delivery at the Customer's expense.
The Customer will be able to follow the delivery of their Order by contacting customer service, the number of which appears in Article 13 of these General Terms and Conditions.
13 - Customer service
For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the Company's customer service, in order to allow the latter to try to find a solution to the problem.
The Company's customer service is accessible from 9:30 a.m. to 6:30 p.m. using the following contact details:
Email: frenchistough@gmail.com
Mail: 11 cours du Danube 77700 Serris.
14 - LEGAL AND COMMERCIAL GUARANTEES
All products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-3 and L.217-5 of the Consumer Code, and to the guarantee of hidden defects provided for by Articles 1641 and 1648, first paragraph, of the Civil Code:
The non-compliant product will be subject to replacement or, failing that, to a reduction in price or termination of the contract.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
Thus the Customer:
(i) benefits from a period of two (2) years from delivery of the product to act in the event of lack of conformity of the Product
(ii) is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (6) months following delivery of the product,
(iii) may choose between repair or replacement of the product, or failing that, to reduce the price or terminate the contract, in application of article L. 217-8 of the Consumer Code.
In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.
The hidden defects guarantee allows the Customer to be protected against hidden defects in the product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the product and request a reduction in the price, or return the product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
The following legal provisions are recalled:
Art. L217-3 of the Consumer Code:
“The seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5 .
He is responsible for any lack of conformity existing at the time of delivery of the goods within the meaning of the article L. 216-1 , which appear within two years from this date.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for lack of conformity of this digital content or this digital service which appears within two years from the delivery of the good;
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period. period during which it is provided under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19 .
The seller also responds, during the same deadlines, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the civil code . The starting point for the prescription of the consumer's action is the day the latter becomes aware of the lack of conformity. »
Art. L217-4 of the Consumer Code:
“The property complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract. »
Art. L217-5 of the Consumer Code:
“I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or
3° That the public statements could not have had any influence on the purchasing decision.
III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, deviation to which he has expressly and separately agreed upon upon conclusion of the contract. »
Art. L217-7 of the Consumer Code:
“Defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked.
For second-hand goods, this period is set at twelve months.
When the sales contract for a good comprising digital elements provides for the continuous supply of digital content or a digital service, the conformity defects which appear are presumed to exist at the time of delivery of the good:
1° During a period of two years from delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of supply;
2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this supply for a period of more than two years. »
Art. L217-8 of the Consumer Code:
“In the event of a lack of conformity, the consumer has the right to bring the goods into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, under the conditions set out in this subsection. .
The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in the conditions of the articles 1219 And 1220 of the civil code.
The provisions of this chapter are without prejudice to the award of damages. »
Art. L217-9 of the Consumer Code:
“The consumer has the right to demand that the goods comply with the criteria set out in subsection 1 of this section.
The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller. »
Art. L217-10 of the Consumer Code:
“The bringing of the goods into conformity takes place within a reasonable period of time which cannot be more than thirty days following the consumer's request and without major inconvenience for them, taking into account the nature of the goods and the use sought by the consumer.
The repair or replacement of the non-compliant good includes, if applicable, the removal and recovery of this good and the installation of the repaired good or the replacement good by the seller.
A decree specifies the terms of bringing the property into conformity. »
Art. L217-11 of the Consumer Code:
“The compliance of the goods takes place at no cost to the consumer.
The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement. »
Art. L217-12 of the Consumer Code:
“The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs in particular with regard to:
1° The value that the good would have in the absence of a lack of conformity;
2° The importance of the lack of conformity; And
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the property into conformity if this is impossible or involves disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with the articles 1221 et seq. of the civil code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity, is justified in writing or on a durable medium. »
Art. L217-13 of the Consumer Code:
“Any item repaired within the framework of the legal guarantee of conformity benefits from an extension of this guarantee by six months.
As soon as the consumer chooses repair but this is not implemented by the seller, compliance by replacing the good causes, for the benefit of the consumer, a new legal guarantee period. of conformity attached to the replaced good. This provision applies from the day the replacement good is delivered to the consumer. »
Art. 1641 of the Civil Code: ''The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it not acquired, or would have given only a lower price, if he had known them. ''
Art.1642 of the Civil Code: ''The seller is not liable for apparent defects of which the buyer was able to convince himself. ''
Art. 1643 of the Civil Code: ''He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.''
Art. 1644 of the Civil Code: ''In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. ''
Art. 1646 of the Civil Code: ''If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. ''
Art. 1648 of the Civil Code: ''The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) ''
If a Customer considers that they have received a product that they consider to be defective or non-compliant, they must contact the Company, as soon as possible after receipt of the Order, at the following email address: frenchistough@gmail. com or by registered mail with acknowledgment of receipt to the following address: 11 cours du Danube 77700 Serris, specifying the defect or non-compliance in question.
It will be up to the Customer to provide any justification for the designation of apparent defects and/or anomalies noted. The Customer must allow the Company every opportunity to identify these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.
If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having become aware of the complaint thus formulated and, if necessary, will replace the product which the Company would have been led to note the lack of conformity, or the defect.
In the event that the exchange of the product is impossible, the Company will be required to reimburse the Customer within fourteen days following receipt of the product. Reimbursement will be made on the Company's proposal by crediting the Client's bank account, the Client being able to opt for another method of reimbursement than that proposed.
15 - Customer obligations
The Customer undertakes to respect the terms of these General Terms and Conditions.
The Client undertakes to use the Site in accordance with the Company's instructions.
The Customer agrees that he only uses the Site for his personal use, in accordance with these General Terms and Conditions. In this regard, the Client agrees to refrain:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these General Terms and Conditions;
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;
- Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site;
- To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site;
- Infringe the intellectual property rights of the Company and/or resell or attempt to resell the products to third parties;
- To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.
If, for any reason, the Company considers that the Customer is not complying with these General Terms and Conditions, the Company may at any time, and at its sole discretion, remove their access to the Site and take all measures including any civil and criminal legal action. against him.
16 - Right of withdrawal
In accordance with articles L.222-7 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without having to provide reasons or pay a penalty.
All Products/Services may be subject to withdrawal, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° The provision of services fully executed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the execution of which began with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional;
2° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire quickly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other articles;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content without material support whose execution began before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
a) He has previously given his express consent for the execution of the contract to begin before the expiration of the withdrawal period; And
b) He has acknowledged that he will lose his right of withdrawal; And
c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of the article L. 221-13 .
To exercise his right to withdraw from the Order, the Customer must notify his decision to withdraw using the withdrawal form provided in the appendix hereto or by means of an unambiguous declaration, without providing reasons. The Customer may communicate his decision of withdrawal to the Company by any means, in particular by sending it by post to the Company at the following address: 11 cours du Danube 77700 Serris. or by email at frenchistough@gmail.com.
In the event of notification to the Company by the Customer of his decision to withdraw, whatever the means used, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
The Customer must return the product(s) in the same condition as that in which he or she received them, and with all packaging elements, accessories and instructions (even if the ( s) product(s) has or have been unpacked), as soon as possible and at the latest within 14 days from notification of the decision to withdraw from this contract, to the following address: 11 cours of the Danube 77700 Serris. In accordance with the law, the Customer is responsible for the costs of returning the product(s).
In the event of withdrawal by the Customer, the reimbursement of the Product(s) which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this reimbursement will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the Company is informed of the Customer's decision to withdraw their Order.
In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his liability is only incurred towards the Company for a depreciation of the product(s), returned. following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
17 - Responsibility
The Company implements all measures to ensure that the Customer is supplied, under optimal conditions, with quality product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Company were to be held liable, it could under no circumstances agree to compensate the Client for indirect damage or the existence and/or quantum of which would not be established by evidence.
The Company cannot be held responsible for damage caused by misuse of one of its products or by non-compliance with the precautions for use and conditions of hygiene, storage and safety when using one of its products. Products/Services.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third person cannot and must not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their contents.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information disseminated on these websites.
It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging system rejects, for example due to anti-spam, the emails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipment tracking email.
The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have entered into a contract.
18 – Force majeure
The Company and the Client cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of of article 1218 of the Civil Code.
19 - Security
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may also not harm or hinder the Company's information system. Failing this, the Company may take any measure against him and in particular incur criminal liability under articles 323-1 et seq. of the Penal Code.
20 - Intellectual property and personal data
All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.
The name and brand, logos, illustrations, photographs, designs, stylized letters, figurative marks, and all signs represented on this Site, including the underlying technology, are and will remain the exclusive property of the society.
No title or right whatsoever to any material or software will be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Client of the company names, trademarks and distinct signs belonging to the Company is strictly prohibited except in the event of express and prior agreement from the Company.
The Company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The Company undertakes, in accordance with the GDPR regulations, regulation (EU) 2016/679 of April 27, 2016, to respect your privacy and to protect your personal data, i.e. likely to identify you directly or indirectly. as a person.
As part of the order, the Company aims to collect the Customer's personal data. The Company is committed to protecting customers' personal data.
The files containing personal data necessary for the order are notably kept on the servers of the Site host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). The Company does not communicate or trade in customer personal data.
At the order stage on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place orders.
The purpose of the personal data collected by the Company is to enable the order to be completed. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as “Informatique et Libertés”, and the General Data Protection Regulation (GDPR) , regulation (EU) 2016/679 of April 27, 2016, subject to proof of your identity, any Customer, regardless of their nationality, has the right to access, modify and delete their personal data . Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.
For the purposes of applying this clause and, in particular, to ensure the confidentiality treatment of Customer data, the Company has designated, in accordance with the provisions of the general data protection regulations (GDPR), a delegate to the data protection, which can be contacted at the following address: frenchistough
In any case, any Customer has the right to make any complaint to the CNIL.
21 - Newsletter
By checking the box provided for this purpose or by expressly giving his agreement to this purpose, the Customer accepts that the Company may send him, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for Products similar to those ordered.
Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
22 – Nullity and independence
If one or more stipulations of these General Conditions of Sale were declared invalid in application of a law or regulation or a final court decision, the other stipulations would retain their force and scope.
23 – Modifications to the General Conditions of Sale
The Company reserves the right to modify the Site, the General Terms and Conditions as well as any delivery procedure or other elements constituting the services provided by the Company through this Site. The modification of the General Terms and Conditions will come into force from the date indicated on the Site. If the new general conditions of sale do not suit a Customer, the latter should terminate their Subscription by registered letter with acknowledgment of receipt before the entry into force of the new provisions if they become aware of them within a reasonable time or within 10 days from their entry into force at the latest.
Refusal of the new general conditions of sale must be explicit. Without explicit manifestation of will before the entry into force of the new provisions, the Subscriber will be deemed to have accepted the modifications.
24 – Applicable law
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
25 – Disputes
All disputes to which the purchase and sale operations concluded in application of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the Company and the Client will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can, in any case, resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, the references of which appear on the website (by email mediateurduecommerce@fevad.com or by post to the FEVAD e-commerce Mediator Service – 60 rue de la Boétie – 75008 Paris) or any alternative method of dispute resolution in the event of a dispute.
Appendix 1 Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the Order placed on the Website unless there are exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of:
My Cross Box
11 courses of the Danube
77700 Serris
I hereby notify the withdrawal of the contract relating to the sale of the property below:
Date of the order :
Date of receipt of the package:
Your name :
Your first name :
Your email address :
Your postal address:
SEND MY REQUEST
Within three (3) days following receipt of the order placement, a request for debit from the bank account will be sent to the paying organization.
The sales contract will be concluded upon receipt of authorization to debit the account from the paying agency.
In the event of total or partial non-payment of the Products, the Customer must pay the Company a late payment penalty at a rate equal to three (3) times the legal interest rate.
In addition to the late payment compensation, any sum, including the deposit, not paid on its due date by the Professional Customer will automatically produce the payment of a fixed compensation of forty euros (€40) due in respect of the collection costs.
No compensation may be made by the Customer between penalties for delay in the provision of the services ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Site.
The penalty owed by the Customer is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price.