Spot-Literie Terms and Conditions of Sale
The on-line store of the SPOT LITERIE site has been established by the company SPOT CONSEIL, which is the operator of this site. Any taking of an order in relation to a product featured on the on-line store of the SPOT LITERIE web-site assumes prior consultation and acceptance of these general terms and conditions.
As a consequence, the consumer acknowledges to have been fully informed as a result of his agreement regarding the content of these general terms and conditions and that it does not require the hand-written signature of this document, insofar as the customer wishes to order on-line the products presented within the framework of the on-line store of the web site. The consumer has the option to save or to print these general terms and conditions, it being understood that both the saving and the printing of this document are under his sole responsibility. As a consumer, the customer disposes of specific rights as an end consumer of the products, which may be jeopardized under the assumption that the products or services acquired within the framework of the web site would in reality be related to his professional activity.
The on-line store set up by the SPOT CONSEIL company within the framework of the web site includes the following information:
- a legal notice allowing for the precise identification of the SPOT CONSEIL company
- a presentation of the principal characteristics of the goods proposed
- an indication, in Euros, of the price of the goods, as well as, where applicable, the costs for delivery or eco-tax participation
- an indication of the methods of payment, delivery, or order processing
- the existence of a right of withdrawal
- the duration of the validity of the offer or of the price
- the conditions for the termination of the contract when the latter is for an indefinite period or for a duration of more than one year.
The entirety of this information is presented in the French language. The consumer acknowledges having the full legal capacity which will allow him to commit to these terms and conditions.
Article 1 : Entirety
These terms and conditions express the entirety of the obligations of the parties. Accordingly, the consumer is deemed to have accepted without reservation the entirety of the provisions contained within these general terms and conditions. No general or specific terms or conditions featuring in documents sent or given by the consumer may be included in these terms and conditions, from the moment that these documents are incompatible with these general terms and conditions.
Article 2 : Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties within the framework of the sale on-line of goods and services proposed by the company SPOT CONSEIL to the consumer.
Article 3 : Contractual documents
This contract is constituted of the following contractual documents, presented in descending order: the current general terms and conditions; the order form. In case of contradiction between provisions contained in documents of differing levels, the provisions of the document of the higher level will prevail.
Article 4 : Entry into force - duration
These general terms and conditions come into force from the date of signature on the order form. The general terms and conditions hereto concluded are for the duration required for the supply of the goods and services contracted, until expiry of the guarantees due by the company SPOT CONSEIL.
Article 5 : Electronic signature
The "double click" by the consumer by order of the purchase form completion constitutes an electronic signature which has, between the parties, the same value as a hand-written signature.
Article 6 : Order confirmation
Contractual information will be sent via an e-mail confirmation at the moment of delivery at the latest, or in absence of such, to the address indicated by the consumer on the order form.
Article 7 : Proof of transaction
Computerised records, conserved within the IT systems of the company SPOT CONSEIL in reasonable security, will be considered as proof of communication, of orders placed and of payments made between the parties. The archiving of the order forms and the invoices is carried out on a reliable and durable technical support system which may be produced as evidence.
Article 8 : Product information
8-a : The company SPOT CONSEIL presents products for sale on its web site web with the requisite characteristics which are required to meet with Article L 111-1 of the Consumer Code, providing the possibility for the potential consumer to be informed of the key features of the products he wishes to buy prior to placement of the final order.
8-b : The offers presented by the company SPOT CONSEIL are only valid within the limits of available stocks.
Article 9 : Prices
Prices are indicated in Euros and are valid only for the date of sending of the order form by the consumer. Within mainland France, the prices include the costs of order preparation, invoicing and freight charges. Packages may also be sent to other countries of the European community, Switzerland, Overseas departments and also all of the other countries in various continents at an additional cost to be calculated at the moment of order validation (+14€ without taxes for Switzerland and 16,80 € including taxes for the countries of the EC, +25 € without taxes for French Overseas territories and other countries in the rest of the world). The prices take into account the V.A.T. applicable on the day of order placement and any change in the applicable V.A.T. rate will be automatically reflected in the prices of the products of the on-line store. Payment of the price in full must be made at the moment of order placement. At no stage can the amounts paid be considered as down-payments or instalments.
Article 10 : Method of payment
To pay for his order the consumer has the choice of the whole of the payment methods referred to within the order form. The consumer guarantees the company SPOT CONSEIL that he possesses the requisite authorisation which may be necessary to use the method of payment he has chosen during the validation of the order form. The company SPOT CONSEIL reserves the right to suspend all order handling and all delivery in the case of refusal of authorisation of payment by bank card on behalf of the organisations officially accredited or in the case of non-payment.
The company SPOT CONSEIL reserves the right in particular to refuse carrying out a delivery or honouring an order which arises from a consumer who may not have totally or partly paid for a previous order or with whom a payment dispute may be in process. The company SPOT CONSEIL has put a procedure of order verification into place destined to ensure that no person uses the bank details of another person without him knowing.
Within the framework of this verification, the customer may be asked to send a copy of proof of identity, as well as proof of address, by fax to the company SPOT CONSEIL. The order will only be validated on receipt and verification by our services of the documents sent.
Article 11 : Availability of products
The order will be carried out, in the majority of cases within 2-3 days and at the latest within a lead-time of 90 days, from the day following that on which the consumer has placed his order. In case of unavailability of the product ordered, and notably because of our suppliers, the consumer will be informed as soon as possible and will have the possibility of cancelling his order. The consumer will thus have the choice of asking either for a reimbursement of the amount which will take place within 30 days at the latest from receipt of his payment or to maintain his order and accept the lead-time.
Article 12 : Methods of delivery
The products are delivered to the address indicated by the consumer on the order form, in mainland France or outside of the territory of mainland France. The consumer is bound to verify the state of packaging of the merchandise upon delivery and to report any damage due to the carrier on the delivery note, as well as to the company SPOT CONSEIL, within a delay of one week.
The consumer may, at his request, obtain for an invoice to be sent to the invoice address and not to the delivery address by validating the option in the area provided for this on the order form. As regards shipping, we work for the main part with Colissimo. As soon as we carry out a delivery, you will immediately receive an email informing you.
To reduce the transport costs to a maximum, all products of small or medium size are sent via La Poste (Registered letter or Colissimo). As well as being economic, this service provides delivery within 48 hours and in all of mainland France and, in case of absence at the initial place of delivery during the presence of the postman, offers you the possibility of collecting the products ordered at your local post office near to the delivery address for Colissimo packages, or in your mailbox for parcels by registered post of less than 3cm thickness. Concretely, if you are absent on the day of delivery of the Colissimo, your postman will leave a delivery advice note in your mailbox, which will allow you to collect your package at your post office during opening hours, within a period of two weeks.
The Colissimo and Registered letter services are very reliable. Nevertheless there may be, as for any delivery, a delay in delivery or that the product gets lost. In case of late delivery in relation to the date indicated in the delivery email, we request that you inform us of this delay by telephoning us or sending us an email. We will then contact la Poste to open an enquiry. An enquiry with la Poste can last up to 21 days from the date of start of the enquiry. If during this time, the product is found, it will immediately be re-expedited to your home address (the majority of cases). If, however, the product has not been found at the end of the 21 days of enquiry, la Poste will consider the package to have been lost. Only at this moment can we proceed to sending replacement products at our expense. If the product or products ordered are no longer available at that moment, we will reimburse you the value of the products concerned due to the loss by the carrier. If the product or products are still available but at a different sales price, we will apply the new sales prices. In the case of a reduction of our prices, we will reimburse you the difference by cheque; and in the case of an increase in the prices we will ask you for an additional cheque for the difference noted.
We decline all responsibility as to the increase in delivery times due to the carrier, notably in case of loss of the products or industrial action.
Customer Service, 2ter, Bld du Champ aux Métiers 21800 QUETIGNY, 03.80.46.63.58, [email protected]
Article 14 : Mistakes in delivery
14-a : The consumer must inform the company SPOT CONSEIL the same day of delivery or at the latest on the first working day following delivery, of all claims regarding delivery errors and/or non-conformity of the products regarding their nature or quality and in relation to the indications which figure on the order form. All claims formulated after this delay will be rejected.
14-b : The formulation of this claim with the company SPOT CONSEIL may be made: - as a priority by telephone on 03 80 46 63 58 from Tuesday to Friday from 9 a.m. to 12 a.m. and from 2 p.m. to 6.30 p.m. – by connecting to our website under the heading "order follow-up " or, after having entered your customer reference number, you can ask your question by clicking on the heading "contact us" specifying the order reference.
14-c : Any claim not undertaken within the rules defined above and within the time allowed will not be able to take into account and will disclaim the company SPOT CONSEIL of any responsibility in relation to the consumer.
14-d : Following receipt of the claim, the company SPOT CONSEIL will attribute an exchange number for the product or products in question and will communicate this by e-mail, by fax or by telephone to the consumer. The exchange of a product can only take place following the attribution of an exchange number according to the procedure presented above.
14-e : In case of a delivery mistake due to SPOT LITERIE or of an exchange, any product to be exchanged or to be reimbursed must be returned to the company SPOT CONSEIL in its entirety and in its original packaging, using Colissimo Recommandé to the following address:
SPOT LITERIE Service retour, 2 ter, Boulevard du Champ aux Métiers 21800 QUETIGNY
In order to be accepted, all returns must first be reported to the company SPOT CONSEIL. The carriage charges will be at the expense of the company SPOT CONSEIL, unless if it has been proven otherwise that the product returned does not correspond to the original declaration made on the return note of the consumer.
Article 15 : Product Guarantee
In accordance with Article 4 of decree n°78-464 dated 24th March 1978, the previsions of these terms cannot deny the consumer of the legal guarantee which obliges the professional seller to guarantee against all consequences of hidden defects of the item sold. The consumer is hereby notified that the company SPOT CONSEIL is not in all cases the manufacturer of the products presented within the framework of its web site, in accordance with the meaning of Law n°98-389 of the 19th May 1998 relating to the liability for defective products.
As a consequence, in the case of damages caused to a person or to a property due to a defect of the product, only the responsibility of the producer thereof may be sought by the consumer. Given the frequency of renewal of the components of its technical products, SPOT CONSEIL may, on request, inform the consumer of the availability of alternative parts of the products proposed and where appropriate of their terms of acquisition.
Article 16 : Right of withdrawal
The consumer shall have a period of 14 working days to return, at his own cost, the products which he does not want.
This period runs from the day of delivery of the customer’s order.
If this deadline expires on a Saturday, a Sunday or a public holiday or another non-working day, it is extended until the first working day which follows.
All returns must be notified in advance to the Customer Service department of the company SPOT CONSEIL: - as a priority by telephone on 03 80 46 63 58 from Tuesday to Friday from 9 a.m. to 12 a.m. and from 2 p.m. to 6.30 p.m. and by connecting to our site under the heading "order tracking " where, after having entered your customer number, you may obtain your order reference. The product should be returned by registered delivery using Colissimo Recommandé to :
SPOT LITERIE 2ter, Bld du Champ aux Métiers - 21800 QUETIGNY, FRANCE.
If the customer has made a mistake during his order, he may return the products ordered, intact, in their original packaging. All returns will be at the exclusive cost of the customer and by signed registered delivery (Colissimo Suivi avec signature). Where appropriate, if an exchange is possible, the customer will be requested to pay for the cost of return delivery by Colissimo.
If there is no solution for an exchange of product, reimbursement will be made to the customer within 14 days at the latest. Only products returned as a whole will be taken back, in their original packaging complete and intact, and in perfect condition for resale. Any product which will have been damaged, or where the original packaging will have deteriorated, will be neither reimbursed nor exchanged. This withdrawal right is maintained without penalty, except for the cost of return freight.
If a consumer chooses to exercise the right of withdrawal, he can choose either the reimbursement of the sums paid, or the exchange of the product. In the case of a product exchange, product return will be at the consumer’s expense. In the case of exercising the right of withdrawal, the company SPOT CONSEIL will ensure that the consumer is reimbursed within a delay of 14 days by crediting his bank account (secure transaction) in the case of payment by bank card or Paypal, or by cheque in all remaining cases.
Article 17 : Rights of use
The right of use of the software of the company SPOT CONSEIL, as well as those distributed by the company, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. Nevertheless, in accordance with Article L122-6-1 of this Code, the consumer reserves the right to reproduce a copy exclusively in order to create a back-up, when the latter is necessary to allow for the continued use of the software. In any event, the author of the software maintains a right of ownership of his work, which the consumer agrees to respect.
Article 18 : Force majeure
Neither of the two parties will be deemed to have failed to meet its contractual obligations, insofar as the execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure, all unavoidable facts or circumstances, beyond the parties control, unforeseeable, inevitable, and independent of the wishes of the parties and which the latter could not have prevented, in spite of all possible reasonable efforts. The party affected by such circumstances will advise the other party within ten working days following the date from which the party will have been made aware. The two parties will then contact one another, within a delay of one month, except where this is impossible due to a case of force majeure, to evaluate the impact of the event and to agree the conditions by which the execution of the contract will be pursued.
If the event of force majeure lasts for more than three months, the general terms and conditions herein may be terminated by the aggrieved party. In more detail, are considered as cases of force majeure or fortuitous events, besides those usually considered by the jurisprudence of the French courts and tribunals: the blocking of the means of transport or of supplies, earthquakes, fires, storms, floods, lightning, the failure of the telecommunications networks or difficulties specifically related to the telecommunications networks and beyond the customers control.
Article 19 : Partial non validation
If one or more of the provisions of the general terms and conditions herein are held to be invalid or declared as such by application of a law, a regulation, or following a definitive decision of a court with proper jurisdiction, the remaining provisions will remain in full force and effect.
Article 20 : Non-waiver
The failure of either party not to claim a breach by the other party of any of the obligations set out in the general terms and conditions herein cannot be interpreted in the future as a waiver of the obligation in question.
Article 21 : Title
In the event of a difficulty in interpretation of any of the headings above any of the clauses of this contract, or any of the clauses to which it refers, the headings will be deemed to be null and void.
Article 22 : Applicable law
The general terms and conditions herein are subject to French law. This is so both for the substantive and for the procedural regulations. In the case of a dispute or claim, the consumer will primarily contact the company SPOT CONSEIL to work towards an amicable solution.
In a second time and as a subsequent recourse, the consumer may file a claim with SPOT CONSEIL in the dialogue box dedicated to this effect.
Article 23 : Data Protection Act
Our contact details :
SPOT LITERIE - 2 ter, bd du Champ aux Métiers, 21800 QUETIGNY, FRANCE
Telephone and Fax : + 33 (0)3 80 46 63 58 - Email : [email protected]
French Limited Liability Company (SARL) with a registered capital of 16 000 €uros –
R.C.S. DIJON 518 990 387 - DIJON trades directory - APE 4759 A -
Identification (SIRET): 51899038700012 – European Union VAT number: FR20518990387
N° SYDEREP (registration on the national register of "Metteurs en marché") : FR016349
- By cheque : All orders of an amount less than 300 EUROS must be paid for in full by cheque sent to SPOT LITERIE, 2 ter, Bld du Champ aux Métiers - 21800 QUETIGNY, FRANCE. For orders above 300 EUROS and following prior agreement by the company SPOT CONSEIL, a down-payment representing a minimum of 30% of the order will be requested by cheque or bank transfer. The remaining balance being payable according to the conditions agreed by prior negotiation.
- PAYPAL Secure payment
- Secure payment by bank card
- Bank transfer (access to the RIB bank coordinates from the internet site)
Our company is committed to respecting both regulatory and ethical provisions regarding the protection of data of a personal nature as defined by the rules of [email protected], and within the context of the Data Protection Act. These rules ensure that your personal details will be treated, with full transparency, in accordance with these provisions. We need to request from you a certain amount of information in order to optimise our commercial relations and the service which you expect. Some data are indispensable to allow us to process your request or your order, other data allow us to know you better and thus adapt our offer according to your needs. On the pages where data of a personal nature are requested, you will be informed of the obligatory or voluntary nature of their transmission, as well as of the possible consequences of withholding this information.
During consultation, our site collects, using software activated by your own computer, data regarding the date, the pages viewed, the time spent viewing, as well as the IT address of your computer, the access provider, the search engine, and the link from which the consultation originates.
This data collection allows us to improve the ergonomics of our site and to re-enforce the efficiency of our services. You can block this data collection by deactivating this function in your web browser software. In accordance with the Data Protection Act of 6/1/1978 (art 27), you have a right of access and of rectification of data about you,
WRITE TO US at SPOT LITERIE. These data are used exclusively for the requirements of SPOT LITERIE, they will in no case be rented or given up to another company.
The photos shown on the site are not contractual.
In case of a claim SPOT LITERIE commits first of all to find an amicable solution with its customer. Where it may not be possible for this to be found, the purchaser may send us an e-mail to SPOT LITERIE.
In case of serious litigation, only the court of DIJON has jurisdiction. All sales contracts with SPOT LITERIE are subject to French law. If the customer is resident in another place other than in France, SPOT LITERIE commits to applying the regulations as laid down in international conventions.
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