General terms and conditions of sale Consumers
These general conditions of sale apply to consumers exclusively.
PREAMBLE - Products
Article 1: Scope
These General Terms and Conditions of Sale apply to all orders placed through the website www.costeplane.com and regardless of the clauses that may appear on the documents of the buyer.
It is sufficient for the buyer to click on “General Conditions of Sale” to know the conditions of his order, even before he has started the ordering process.
The customer acknowledges having read these General Conditions of Sale and accept the terms. In a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company is headquartered would apply.
The General Terms and Conditions govern the contracts of sale on the spot or on line of the products of the professional salesman to the buyers having the quality of consumers (hereafter consumers), and constitute with the on-line order the contractual documents opposable with the parts, with the exclusion of any other documents, flyers, catalogs or photographs of the products which are only indicative.
The GTC are applicable to products delivered to consumers established in mainland France.
The GTC are written as well as all the contractual information mentioned on the site in French (the language of the site is among the criteria for determining the other countries to which the site established in France directs its activity and therefore the applicable law to the contract).
Article 2: Orders
Mas Costeplane agrees to accept orders made under the terms of these General Terms and Conditions of Sale and within the limits of available stocks.
In the event of out of stock, Mas Costeplane undertakes to communicate the lead times necessary to obtain the desired product or to offer a replacement product. Mas Costeplane will honor each order by making one or more deliveries of the products ordered.
By validating his order, the customer declares to have read and accept these Terms and Conditions of Sale.
Orders are final only when they have been confirmed by the buyer. The preparation and shipping of an order can only be implemented after receipt of payment. An invoice will be sent by email as soon as the order is shipped.
Mas Costeplane reserves the right to cancel all non-compliant or questionable orders, as well as those from a customer with whom there is any dispute.
All our offers are within the limit of stocks available without commitment and except sale in the meantime. In case of breakage on a product purchased and stipulated in “stock” on the website www.costeplane.com Mas Costeplane agrees to contact you within 48 hours to agree to a partial or full change of the order.
Formation of the order
The validation of the order by its confirmation is worth adhesion by the purchaser with the GSC in force on the day of the order whose conservation and the reproduction are assured by the professional salesman in accordance with article 1127-2 of the civil code.
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides the information relating to the delivery and the payment method.
Before clicking on the “Confirm order” button, the consumer has the opportunity to check the details of his order and its total price and return to previous pages to correct any errors or possibly modify his order.
The confirmation of the order entails acceptance of the GTCS and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
Any modification of order by the consumer after confirmation of his order is subject to the acceptance of the professional seller.
The professional seller reserves the right to make changes to the ordered product that are related to technical developments under the conditions provided for in Article R. 212-4 of the French Consumer Code (former C. consume., Art. R. 212-4, V).
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
The sales contract is formed at the time of the sending by the consumer of the confirmation of his order.
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code (former C. civ., Art 1348). These communications, purchase orders and invoices can be produced as proof of the contract.
Resolution
The order can be resolved by the buyer by registered letter with acknowledgment of receipt or by writing on another durable medium in case:
• delivery of a product that does not conform to the declared characteristics of the product.
• delivery date in excess of the deadline fixed in the order form or, in the absence of such a date, within thirty days after the conclusion of the contract, after the seller has been ordered, in the same manner and without result, to deliver within a reasonable amount of time;
• price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the buyer may demand the repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be solved by the seller in case:
• refusal of the buyer to take delivery;
• non-payment of the price (or price balance) at the time of delivery.
In all these cases, the deposit paid to the order remains acquired by the seller as compensation.
Article 3: Price
The prices expressed in euros and indicated in TTC are expressed all taxes included (applicable VAT, excise and all other applicable taxes on the day of the conclusion of the order, any change being reflected on the price of the products).
The prices quoted are exclusive of VAT but include excise duties and any applicable taxes.
Product prices may change at any time depending on the pricing policy of Mas Costeplane. The products ordered are billed at the price in effect at the time of registration of the order.
Product offers and prices are valid only as long as they are visible on the site and within the limits of available stocks.
Prices shown are net and excluding postage. The shipping costs may vary depending on the number of products ordered and the country of shipment. For any specific order do not hesitate to send us an e-mail to the following address: contact@costeplane.com
The amount due, indicated in the order confirmation by Mas Costeplane is the final price to be paid, expressed all taxes included (French VAT and all other applicable taxes): this price includes the price of the products, the handling charges , packaging and preservation of products, administrative costs and transportation costs.
In the event of promotion by the prizes, the professional salesman undertakes to apply the promotional price to any order placed during the advertising period made for the promotion.
The additional costs of transport, delivery or postage (to which must be added the other possible costs borne by the seller), which the customer was able to read before the order, are fixed on the order form.
Fees that can not be reasonably calculated in advance are due (not to be included if fees are not payable).
Article L. 112-3 of the Consumer Code (former C. consom., Art L. 113-3-1)
I. Where the price can not be reasonably calculated in advance due to the nature of the good or service, the trader provides the method of calculating the price and, if applicable, any additional costs of transportation, delivery or postage and any other charges. When the additional costs can not reasonably be calculated in advance, the professional mentions that they may be payable.
II. In the case of an open-ended contract or a contract with a subscription, the total price includes the total costs incurred for each billing period.
When such contracts are billed at a fixed rate, the total price also includes the total monthly costs. When the total cost can not be reasonably calculated in advance, the method of calculating the price is communicated.
Article 4: Validity of offers
Products and promotional offers are offered within the limits of available stocks. Mas Costeplane can not be held responsible for any out of stock that would cause a delay in the delivery of the order.
In case of unavailability of one or more products after the validation of the order, Mas Costeplane agrees to inform the customer by email as soon as possible. In agreement with the customer, Mas Costeplane will be able to modify the order or proceed to the refund of the product (s) not available by the credit of the card of payment which was used during the order or by check.
In the event of a permanent stock-out in the event of a stock-out, the customer will be reimbursed for the unavailable product (s) or the entire order according to the customer’s choice. In the case of a temporary break, the buyer will be offered to wait until the date of replenishment that will be specified. In the absence of acceptance, the customer may request partial or full cancellation of his order.
The online sales offers presented on the site are reserved for consumers residing in France and for deliveries in these same geographical areas possibly determine the geographical area of marketing.
The online sales offers presented on the site are valid, in the absence of indication of specific duration, as long as the products appear in the electronic catalog and while stocks last.
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
Article 5: Delivery and reception
Article 6: Delivery time
Delivery time of orders is 7 working days after receipt of payment. In non-working days are included Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the confirmation of the order received by e-mail by the customer. The order is delivered to the delivery address chosen by the customer.
Any error or modification made by the customer in any current delivery order will result in an extension of the expected delivery time. Additional costs will be borne by the customer.
When the ordered product is not delivered or the service is not provided on the date or expiry of the period mentioned on the order form, the consumer may, after unsuccessfully enjoining the seller to perform his obligation to delivery within a reasonable additional time, resolve the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.
Article 7: Transport and responsibility
The goods always travel at the risk of the recipient. The customer is required to check his parcels carefully upon delivery in order to immediately issue any reservations to the carrier as follows: On the delivery note provided by the carrier or by immediately calling the customer service of the carrier, in the presence of the deliveryman. And in any case, by preventing the domain of the big siesta by registered letter addressed to its address of correspondence within two days after reception of the package AND by mail to: www.costeplane.com No complaint will be able to be considered admissible if the Customer has unreservedly accepted his parcels upon delivery.
Article 8: Retraction
Article L. 221-5 of the Consumer Code (former C. consom., Article L. 121-17, 2º) imposes prior information on the conditions, time and manner of exercise of the right of withdrawal and communication of the standard withdrawal form, a model of which is proposed in the appendix to Articles R. 121-21 and R. 121-23 of the Consumer Code.
The conditions, the period and the procedures for exercising the right of withdrawal are set by Article L. 221-5 of the Consumer Code (former C. consom., Article L. 121-17) and Articles L. 221-18 et seq. Of the Consumer Code (former C. consom., Articles L. 121-21 to L. 121-21-8).
The information mentioned in 2o, 3o and 4o of article L. 221-5 (former C. consom., Article L. 121-17) can be provided by means of the standard information notice in the annex of Article R. 221-3 of the Consumer Code (former C. consom., art R. 121-2).
This model is reproduced in this document.
The company can also opt for another presentation of the information.
As this is general information, it is appropriate for the company to adapt it to its particular situation and to retain only the options that suit it.
Pursuant to Article L. 221-28 of the Consumer Code (former C. consom., Article L. 121-21-8), the customer is informed that the right of withdrawal can not be exercised for certain contracts.
The notification of will of retraction can be done by the form made available on our site www.costeplane.com or with our customer service by mail or telephone.
To exercise the right of withdrawal, you must notify us:
• your name, geographic address and, where available, your telephone number, fax number and e-mail address;
• as well as your decision to withdraw the contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as soon as these contact details are available and therefore appear on the standard withdrawal form) ). You can use the form of withdrawal form but it is not obligatory.
The return of all products ordered must be made within 14 days.
The withdrawal period expires fourteen days after the day on which you, or the third party you have designated to do so, physically takes possession of the first property.
Effects
In the event of your withdrawal from the contract, we will refund all payments received from you, including delivery charges (with the exception of additional charges arising from the fact that you have chosen, if applicable, a delivery method other than the cheaper standard delivery method that we offer) without undue delay and, in any case, no later than fourteen days from the day we are informed of your decision to withdraw from the resulting contract.
We would proceed with the refund using the same method of payment that you would use for the original transaction. With your express agreement, another way can be used. In any case, this refund will not cause you any expense.
It is reminded that the responsibility of the customer, in case of retraction after use of the property (s), is engaged with respect to the depreciation of the property (s) resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this or these goods. According to the European Commission, these manipulations are those that a consumer can perform in a store, for the goods that are offered for sale.
Article 9: Payment
Any order implies a payment defined according to the methods and means specified in the ordering process.
Payments by credit card are made via a secure online payment service.
A payment order made by credit card can not be canceled. Therefore, the payment of the order by the buyer is irrevocable, without prejudice to the customer to exercise his right of withdrawal or subsequent cancellation of the order.
Penalty clause
In all cases of non-fulfillment of its obligations by the consumer, the deposit paid to the order remains acquired to the professional seller as compensation.
Article 10: Method of payment
Credit card: Credit card payments are secured by an online SSL payment system. In addition, all the banking information that you give us when you buy online, are not stored or visible on the internet. The Domaine de La Grande Sieste certifies the confidentiality of your data. Only bank cards with the acronym CB, VISA, MASTERCARD are accepted.
PayPal: the confidential data (the 16-digit bank card number, the expiry date and the visual cryptogram) are directly transmitted encrypted to the payment platforms concerned without passing on the physical supports of the Mas Costeplane server. When the order is validated, the payment request is routed in real time to the secure payment manager. The latter sends an authorization request to the bank card network. The electronic payment manager issues an electronic certificate.
Article 11: Securing means of payment
Payment security is provided by PayPal and Stripe secure payment services. The PayPal and Stripe platforms do not communicate any financial information from the Client to Mas Costeplane. Confidential data is entered and transmitted encrypted on PayPal or Stripe servers.
Article 12: Retention of Title Clause (CRP)
The seller remains the owner of the products sold until full payment of the price and the buyer agrees, as long as the property is not transferred to him, to take all the necessary precautions for the proper conservation of the products.
From the delivery date indicated in the purchase order, the ownership of the product is transferred to the buyer, except in the case where the full payment of the price has not been cashed in the order.
Articles 13: Personal Data
All data provided during your customer visits on www.costeplane.com are strictly confidential. No personal data or personal information of customers will be sold or rented to anyone without their prior consent. The personal data of the customers will be used only in order to contact them on information exclusively related to our services: accounting, control and selection of credit card or other card of payment, analysis marketing and statistics, tests, maintenance and development of the system, polls clients, customer relations, improving our future communications and better identifying customer needs and preferences. Once registered on www.costeplane.com the customer will be able to access the page “my account” and modify his personal data.
The Mas Costeplane may collect, store and use the following data: name, email address, physical address, date of birth and sometimes delivery, invoicing or other information.
In application of the Data Protection Act of January 6, 1978, the customer has a right to access, modify, rectify and delete data concerning him. The customer can exercise this right by sending a mail to Customer Service on www.costeplane.com
The automated processing of personal information on the website www.costeplane.com has been declared to the National Commission for Computing and Liberties under number 2084825 v 0.
The recipients of the data are the marketing services of Mas Costeplane, as well as payment service providers: PayPal and Stripe and our delivery service providers: Chronopost and Colissimo. Transfers of data with our service providers are contractually regulated and in accordance with the law in force, and are subject to an adequate level of data security.
Article 14: Use of cookies
Mas uses the use of cookies, in particular to recognize the customer when connecting to the site www.costeplane.com as well as for functional and analytical purposes and to improve its services. Cookies are small files stored on the client’s computer by his browser when he visits a website.
Article 15: Guarantees
Mas Costeplane is bound by the legal guarantee of latent defects, within the meaning of Article 1641 et seq. Of the French Civil Code: “the seller is bound by the guarantee for reasons of hidden defects of the thing which render it unsuitable for the use of which it is destined, or which so much diminish this use, that the buyer would not have acquired it, or would have given a lesser price, had he known them. ” As a result, the customer has up to two months after the delivery date to send his complaint to Mas Costeplane. Beyond this period, the company Mas Costeplane will no longer be able to guarantee the products and the customer will have to prove that their alteration is prior to their receipt.
All the products supplied by the seller benefit from the legal guarantee of conformity envisaged in articles L. 217-4 and following of the code of the consumption (C. consom., L. 211-4 with L. 211-14) or the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
Regardless of the commercial guarantee that may be granted, the seller is held liable for the lack of conformity of the object covered by the contract under the conditions of Article L. 217-4 et seq. Of the Consumer Code (former C. consom., Art. 211-4 et seq.) And hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code.
Article L. 217-4 of the Consumer Code (former C. consom., Art L. 211-4)
The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L. 217-5 of the Consumer Code (former C. consom., Art L. 211-5)
To be in conformity with the contract, the property must:
- Be fit for the usually expected use of a similar good and, where applicable:
• correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
• present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
- Or have the features defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 217-12 of the Consumer Code (former C. consom., Art L. 211-12)
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
When acting as a legal guarantee of conformity, the consumer:
• has a period of two years from delivery of the property to act;
• may choose between the repair or replacement of the goods, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code (former C. consom., art L. 211-9);
• is exempted from showing proof of the lack of conformity of the property during the twenty-four months following the delivery of the property.
Regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of this code (former C. consom., Article L. 211-4 to L. 211-13) and that relating to the defects of the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Article 16: Liability
All texts and photos presented are for information purposes only and are in no way contractual. Mas Costeplane reserves the right to make changes to its website, its procedures and these Terms and Conditions in effect at the time of the passage of his order. Mas Costeplane be held responsible, or considered as having failed these conditions, for any delay or non-performance, when the cause of the delay or the non-performance is related to a case of force majeure as it is defined by the jurisprudence of French courts and tribunals.
Disclaimer
The responsibility of the professional seller can not be engaged in case of non-performance or improper performance of the contract due either to the fact of the buyer, the insurmountable and unpredictable of a third party to the contract, or force majeure.
Article 17: Applicable Law
The law of this contract is the French language. All clauses of these General Conditions of Sale, all transactions and purchase transactions made from the site www.costeplane.com as well as by mail and telephone are governed by French law and law. Any dispute that will not find an amicable agreement will be the jurisdiction of the Courts of the registered office of the Company of the Mas Costeplane or the court of the department chosen by the customer.
Article 18: Legal Information
Under the ordinance n ° 59-107 of January 7th, 1959 which stipulates the prohibition of the sale of alcohol to minors, law n ° 74-631 of July 5th, 1974, the purchaser undertakes, by filling the order form, to be eighteen (18) years old at the date of the order by communicating his date of birth when creating his account on the site of the Mas Costeplane. Alcohol abuse is dangerous for health. Know how to consume it and appreciate it in moderation.
Article 19: Modification of the GSC
The professional seller reserves the right to modify its Terms and Conditions at any time.
In case of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy dated to date can be given to the consumer at his request.
The nullity of a contractual clause does not entail the nullity of the GSC unless it is an impulsive and decisive clause that led one of the parties to conclude the contract of sale.
The temporary or permanent non-application of one or more clauses of the GTC by the professional seller can not be a waiver of the other terms of the GSC that continue to have effect.
Article 20: Protection of personal data (RGPD)
The professional respects the privacy of its users and customers and undertakes that all the information it collects, in particular regarding the use by the customer of the ecommerce service in order to buy or obtain a product of Edilaix (subscription, registration for an event organized by the company) to identify the latter are considered confidential information.
The information collected on this site is processed by the company MAS COSTEPLANE responsible for processing for the management of your requests, orders, registrations and your subscriptions.
We will only process or use your data to the extent necessary.
Your personal information is kept for a period not exceeding 12 months unless:
• You exercise your right to delete data concerning you, under the conditions described below;
• A longer shelf life is permitted or imposed under a legal or regulatory obligation. During this period, we put in place all means to ensure the confidentiality and security of your personal data, so as to prevent damage, erasure or access by unauthorized third parties.
Access to your personal data is strictly limited to (our administrative staff, our employees and agents, the communication department or the accounting department) and, where appropriate, to our subcontractors. The subcontractors in question are subject to an obligation of confidentiality and can only use your data in accordance with our contractual provisions and the applicable legislation. Except as provided above, we will not sell, rent, assign or give access to third parties to your data without your prior consent, unless we are compelled to do so for law, fight against fraud or abuse, exercise of the rights of the defense, etc.).
In accordance with the law “Informatique et Libertés” of 6 January 1978 as amended and European Regulation n ° 2016/679 / EU of 27 April 2016 (applicable from 25 May 2018), you have the right of access, rectification , portability and erasure of your data or limiting treatment. You may also, for legitimate reasons, oppose the processing of data concerning you.
You may, subject to the production of valid proof of identity, exercise your rights by contacting us.
If you do not wish / more to receive our news and solicitations (by telephone, SMS, postal mail or electronic) and invitations, you have the faculty to indicate it to us within the framework of this form5, to modify your choices by contacting us in the conditions mentioned above or, if necessary, by changing the parameters of your profile online. Same if you do not want to receive news, invitations or promotional offers from our partners.
In accordance with the European Regulation on the Protection of Personal Data UE 2016/679 (RGPD), the Customer may exercise his right of access to data concerning him, rectification, erasure, request a limitation of treatment, oppose it or request portability by contacting the email specified in the contact details on the aforementioned site.
For any additional information or complaint, you can contact the National Commission of Computing and Freedoms (more information on www.cnil.fr).
Finally, we inform you of the existence of the list of opposition to canvassing “Bloctel”, on which you can register (https://conso.bloctel.fr/).
Article 21: Competent court
In the absence of an amicable agreement, you can seize the court for any dispute relating to the existence, interpretation, conclusion, performance or breach of contract as well as all documents related to this contract.
The competent court will be that of the place of residence of the defendant (Article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the thing or performance of the provision of service (Article 46 of the Code of Civil Procedure) .
