TERMS OF SALES
version of June 22, 2021
These general conditions of sale (the "GTC") govern the relationship between the company COMSI COMSA, whose registered office is located at 309, Route de Reims 02200 Villeneuve-Saint-Germain, telephone 07 68 80 94 09, e-mail comsicomsa.net@gmail.com, (the “Seller”), and customers for all purchases made via the https://www.comsicomsa.net/ website.
The Seller's activity is the sale of mainly textile products, but also offers a non-food offer, as well as certain food products. The Seller notably ensures the marketing of these products through the Site.
The T&Cs may be modified at any time by the Seller. In any case, the applicable T&Cs are those in force at the time of the online purchase made by the customer. Before making his purchase, the customer will be invited to read these T&Cs by clicking on the "General Terms and Conditions" link, to print them, save them and accept them at the end of the document. In his own interest and for his protection, it is recommended that the customer read these T&Cs carefully before clicking on the button “I accept the General Terms and Conditions of Sale” and proceeding with his purchase. If the customer does not understand any point, he can ask the Seller for additional information by sending him an email at https://www.comsicomsa.net/.
The customer therefore declares that he has read these T&Cs and accepted them before placing his Order. In this respect, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.
These T&Cs only concern purchases made by consumers acting exclusively on their own behalf. The GCS are written, as well as all the contractual information mentioned on the Site, in French.
1. DEFINITIONS
The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution hereof:
“Item”: the Product(s) that were the subject of the Order;
“Product”: any product offered for sale on the Site;
"Order": request for Products made by the customer to the Seller;
“CGV”: these general conditions of sale;
"Delivery Time": period between the date of Validation of the Order and the date of Delivery of the Order to the customer;
"Delivery Costs": cost of the costs incurred by the Seller to deliver the Order to the Delivery address indicated by the customer;
"Delivery": shipment of the Item to the customer;
"Delivery Method": refers to any standard or express delivery method available on the Site at the time of the Order;
“Price”: the unit value of a Product; this value includes all taxes and excludes Delivery Charges;
“Total Price”: the total amount of the cumulative Prices of the Products which are the subject of the Order; this amount includes all taxes (including the VAT applicable on the day of the Order);
“All-Inclusive Price”: the Total Price to which is added the price of the Delivery Costs; this amount includes all taxes;
"Site": Online Sales site "https://www.comsicomsa.net/" used by the Seller for the marketing of its Products;
“Order Validation”: has the meaning given in Article 5;
"Online Sale": marketing of the Seller's Products via the Site;
References to Sections are references to sections of this Agreement, unless otherwise provided.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
2. PRE-CONTRACTUAL INFORMATION
The customer acknowledges having had, prior to the placing of his Order and the conclusion of the contract, in a readable and understandable manner, communication of these GCS and of all the information listed in article L. 221-5 of the Code of consumption and in particular by means of these T&Cs.
3. CHARACTERISTICS OF THE PRODUCTS
The customer declares to have been aware of the essential characteristics of the Products. The list of Products offered for Online Sale by the Seller, as well as their essential characteristics, appear on the Site.
The Products are described and presented on the Site with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the responsibility of the Seller could not be engaged.
The photographs of the Products are not contractual.
4. PRICE OF PRODUCTS AND CONDITIONS OF VALIDITY
The customer declares to have been aware of the Price of the Products on the Site. In this respect, only the Price of the Products indicated on the Site is authentic. The Prices of the Products sold on the Site are indicated respectively by item and reference and are subject to change at any time. The duration of the validity of the offers and the Price is determined by updating the Site. The Prices applicable to the Order are those indicated on the Site at the time of the Order.
At the time of Validation of the Order, the price to be paid is the All-Inclusive Price.
The telecommunications costs inherent in access to the Site remain the sole responsibility of the customer.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the Price of the Products.
5. ORDERING PRODUCTS AND CONCLUDING STEPS FOR THE ONLINE SALE
In order to place the Order, the customer must follow the following steps:
Compose the address of the Site;
Follow the instructions of the Site and create a customer account
Fill out the Order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Products chosen by the customer before this inactivity is no longer guaranteed. The customer is then invited to resume his selection of Products from the beginning;
Check the elements of the Order and if necessary, identify and correct errors
Validate the Order, the Total Price and the All-Inclusive Price (the "Order Validation");
For the Order to be validated, the customer must accept, by clicking in the place indicated, these T&Cs. He will also have to choose the address and the method of delivery, and finally validate the method of payment. This is an Order with payment obligation, which means that the placing of the Order involves payment by the customer.
Any Order implies acceptance of the Price and descriptions of the Products available for sale.
Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.Follow the instructions of the online payment server to pay the All-Inclusive Price.
The customer then receives electronically and without delay a confirmation of acceptance of payment for the Order (the "Order Confirmation").
The Seller provides the customer on this occasion with a copy of the contract by e-mail.
The sale will be considered final:
- after the Seller has sent the Order Confirmation to the customer; and,
- and after receipt by the Seller of the All-Inclusive Price.The Customer receives electronic confirmation of the dispatch of the Order. Delivery will take place at the delivery address indicated by the customer when ordering.
When carrying out the various stages of the Order mentioned above, the customer undertakes to respect these contractual conditions by application of article 1366 of the Civil Code.
The Seller undertakes to honor the Order only within the limit of the available stocks of the Products. If the Products are not available, the Seller undertakes to inform the Customer.
For any question relating to the follow-up of an Order, the customer must call the following number 03 23 75 13 62 from 9:30 a.m. to 6:30 p.m. from Monday to Saturday (cost of a local call).
6. PAYMENT
The payment of the All Inclusive Price by the customer is made by credit card,
Payment of the full All-Inclusive Price must be made when placing the Order. At no time can the sums paid be considered as a deposit or down payment.
When payment is made by bank card, the transaction is immediately debited from the customer's bank card after verification of the latter's data, upon receipt of the debit authorization from the company issuing the bank card used by the customer.
In accordance with Article L. 133-8 of the Monetary and Financial Code, the commitment to pay given by means of a payment service (credit card for example) is irrevocable once the payment order has been received by the customer's payment service provider, subject to the exceptions provided for by law. By communicating the information relating to his bank card, the customer authorizes the Seller to debit his bank card for the amount corresponding to the All-Inclusive Price.
To this end, the customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the All-Inclusive Price is impossible, the sale will be immediately terminated by operation of law and the Order will be cancelled.
The customer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the Validation of the Order. The Seller reserves the right to suspend any management of the Order and any delivery in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment.
In accordance with Article L. 121-11 of the Consumer Code, the Seller reserves the right to refuse the Order for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
7. ORDER DELIVERY
Delivery is only made after confirmation of payment of the All-Inclusive Price by the Seller's bank.
7.1. DELIVERY METHOD
The customer chooses one of the Delivery Methods offered on the Site when placing the Order.
7.2. DELIVERY ADDRESS
The Customer chooses a Delivery address.
The customer is solely responsible for a lack of delivery due to a lack of indication when ordering.
Any package returned to the Seller due to an incorrect or incomplete Delivery address will be refunded to the customer.
The customer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
7.3. AMOUNT OF DELIVERY COSTS
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the customer before the Validation of the Order.
7.4. DELIVERY DELAY
The Delivery Times are available on the Site and may vary depending on the availability of the Products that are the subject of the Order.
Delivery Times are expressed in working days and correspond to the average preparation and delivery times of the Order in the Territory.
The Delivery Times run from the date of Confirmation of the Order by the Seller.
7.5. LATE DELIVERY
In the event of a delay in Delivery, the Order is not cancelled.
The Seller informs the customer by e-mail that the Delivery will take place with a delay. The customer will not be able to cancel the Order but may withdraw from it in order to be reimbursed.
In the event that the Order has not yet been shipped when the Seller receives the Customer's notice of cancellation, the Delivery is blocked and the Customer is reimbursed for any sums debited within fourteen (14 ) days following receipt of notice of cancellation. In the event that the Order has already been shipped upon receipt by the Seller of the customer's notice of cancellation, the customer may still cancel the Order by refusing the package. The Seller will then reimburse the sums debited and the return costs paid by the customer within fourteen (14) days of receipt of the return of the refused package, complete and in its original condition. The Seller will make the refund using the same means of payment as the customer used for the initial transaction, unless the customer expressly agrees to a different means.
7.6. DELIVERY TRACKING
The customer can follow the progress of the processing of the Order by following the tracking link in the order tracking email.
7.7. CHECKING THE ORDER UPON ARRIVAL
The customer is required to check the condition of the packaging as well as the Items upon Delivery.
7.7.1. PARCEL DAMAGED UPON RECEIPT OF DELIVERY
It is up to the customer to make the reservations and complaints that he deems necessary, or even to refuse the package, when the package is obviously damaged upon receipt of the Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt or by extrajudicial document within three working days, not including public holidays, following the date of receipt of the Articles. The customer must also send a copy of this letter or deed to the Seller. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code.
7.7.2. ITEMS NOT COMPLYING WITH DELIVERY NOTE SPECIFICATIONS
The customer must ensure that the Items delivered to him correspond to the Order. In the event of non-compliance of the Articles in kind or in quality with the specifications mentioned in the Delivery note, the customer must inform the Seller's customer service department by e-mail at the address comsicomsa.net@gmail.com
The customer must formulate with the Seller within 72 hours after receipt of the package, any complaint of error of delivery and/or non-conformity of the Articles in kind or in quality with respect to the indications appearing on the Order form. Any complaint made after this period will be rejected.
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability vis-à-vis the customer.
The return costs are the responsibility of the seller and we ensure the reimbursement of these costs.
8. ENTRY INTO FORCE AND DURATION
The GCS enter into force between the parties on the date of Validation of the Order as defined in Article 5, for the duration necessary for the supply of the Products, until the expiry of the guarantees and obligations due by the Seller.
9. RESOLUTION
In the event of non-compliance with the agreed delivery date or deadline, the customer must, before terminating the contract, order the seller to perform it within a reasonable additional period.
In the absence of execution at the end of this new period, the customer may freely terminate the contract.
The customer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered resolved upon receipt by the Seller of the letter or writing informing it of this resolution, unless the Seller has performed in the meantime.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated. The Seller will make the refund using the same means of payment as the customer used for the initial transaction, unless the customer expressly agrees to a different means.
10. RIGHT OF WITHDRAWAL
Under the conditions determined by articles L. 221-18 and following of the Consumer Code, the customer has a right of withdrawal which he can exercise within fourteen (14) calendar days following the date of receipt or withdrawal of the Order.
The day of receipt of the Articles is not counted in the 14-day period. The customer is informed that this period begins to run at the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the period. In the event that this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day. In the case of an order for several Items delivered separately or in the case of an order for an Item made up of lots or multiple parts, the delivery of which is staggered over a defined period, the period runs from receipt of the last Article or batch or of the last piece.
The Customer who wishes to exercise his right of withdrawal must return the Items within the aforementioned period, in their original packaging, complete, new. The return of the Item must be made without undue delay and, in any case, no later than fourteen days after the customer has communicated to the Seller his decision to withdraw. This deadline is deemed to have been complied with if the customer returns the Item before the expiry of the fourteen-day period.".
The direct costs of returning the Items will be borne by the customer.
The customer exercises his right of withdrawal by sending the Seller, before the expiry of the withdrawal period, the standard withdrawal form is attached in Appendix I.
The client does not have to motivate or justify his decision.
In the event of the customer's withdrawal from the contract concluded with the Seller, the Seller will reimburse all payments received from the customer, including delivery costs (except for additional costs arising from the fact that you have chosen, the case where appropriate, a method of delivery other than the less expensive method of standard delivery offered by the Seller) without undue delay and, in any event, no later than fourteen days from the day on which the Seller is informed of the customer's decision withdrawal from the contract. The Seller will make the refund using the same means of payment as the customer used for the initial transaction, unless the customer expressly agrees to a different means. In any event, this refund will not incur any costs for the customer. The Seller may defer reimbursement until it receives the Item or until the customer has provided proof of shipment of the Item, the date chosen being that of the first of these facts.
The customer's liability is only engaged with regard to the depreciation of the Article resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Article.
Returned items must be in new condition, in their original packaging, accompanied by all their labels, accessories, documentation and instructions for use, as well as the purchase invoice allowing Comsi Comsa to identify the order. .
Any item that is damaged, damaged, soiled or incomplete will be refused. Some items cannot be returned for reasons of hygiene or health protection, such as underwear (tights, lingerie), earplugs, mouth guards, protective shells, sweat articles or swimwear.
Second-hand items will not be taken back or exchanged except in the case of defective items.
11. WARRANTIES
11.1 LEGAL GUARANTEE OF CONFORMITY
The Seller is liable for lack of conformity of the Articles under the conditions of article L.217-4 and following of the Consumer Code and for hidden defects of the products sold under the conditions provided for in articles 1641 and following of the Civil Code.
The Items sold must comply with the contract and be free from defects of conformity upon delivery.
The Seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
In accordance with article L. 217-5 of the Consumer Code, “The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
During an action relating to the legal guarantee of conformity, the customer:
• benefits from a period of two (2) years from delivery of the goods to act vis-à-vis its Seller;
• can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
• is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (this period is reduced to 6 months for second-hand goods).
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The implementation of the warranty takes place at no cost to the customer.
The customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction of the price in accordance with the article 1644 of the Civil Code. The action resulting from latent defects must be brought by the customer within two (2) years from the discovery of the defect.
For certain products, the customer may benefit from a commercial guarantee, the terms and conditions of which are described in a written contract given to the customer. In all cases, it will be up to the customer to prove that he fulfills the conditions of the guarantee that he is implementing.
12. INTELLECTUAL PROPERTY RIGHTS
The content of the Site (technical documents, drawings, photographs, etc.) remains the exclusive property of the Seller, the sole holder of the intellectual property rights to this content. The customer agrees not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
The same applies to the Seller's "COMSI COMSA" brand, as well as all brands, whether figurative or not, and more generally all other brands, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether whether registered or not, are the exclusive property of the Seller or third parties. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller or the third parties involved, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Seller or the third parties concerned.
13. PERSONAL DATA
For the purposes of this Article, when the terms and expressions mentioned are not defined in the T&Cs, they have the meaning given to them by (i) the General Data Protection Regulation (EU) 2016/679 known as “GDPR” , (ii) French Data Protection Law No. 78-17 of January 6, 1978 as amended by Law No. 2018-493 of June 20, 2018 and Ordinance No. 2018-1125 of December 12, 2018 ( hereinafter collectively referred to as the “Data Protection Act”). The customer acknowledges that the Online Sale of Products as provided for by the GCS involves the collection and processing of his personal data by the Seller. The Seller, acting as data controller, undertakes to comply with the provisions of the Data Protection Act concerning in particular the collection, use, transfer, storage and deletion of personal data. The customer has a right of access, rectification, erasure and limitation of data concerning him. To exercise these rights or for any question on the processing of his data, the customer can contact the Seller at the following postal address or email comsicomsa.net@gmail.com. The customer may, if he considers that his “IT and Freedoms” rights are not respected, send a complaint to the CNIL. If the customer wishes to know more about the management of his personal data, he can refer to the Seller's privacy policy available at https://www.comsicomsa.net/politique-de-confidentialite
14. SETTLEMENT OF DISPUTES – MEDIATION
14.1 COMPLAINT
In the event of a dispute, you must first contact the Seller's customer service on 07 68 80 94 09, Monday to Saturday except public holidays or non-working days, from 9:30 a.m. to 6:30 p.m., or by email comsicomsa.net@gmail.com or Postal to COMSI COMSA 309, Route de Reims 02200 Villeneuve-Saint-Germain
14.2 MEDIATION
Under Article L. 612-1 of the Consumer Code, “Any consumer has the right to have free recourse to a consumer mediator with a view to the amicable termination of the dispute between him and a professional. »
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating on the performance of a contract for the sale or supply of services, between a consumer and a professional.
In the event of failure of the complaint request to customer service or in the absence of a response from this service within two months, pursuant to article R. 616-1 of the Consumer Code, the customer may have his request examined by a mediator whose contact details are given below, knowing that a dispute can only be examined, except in exceptional cases, by a single mediator:
CMAP
Consumer Mediation Service
39 Franklin Roosevelt Avenue
75008 Paris
www.mediateur-conso.cmap.fr
To submit his request for mediation, the client has a complaint form available on the mediator's website.
The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In the event of refusal to resort to mediation, or of failure of the latter, the parties retain the option of seizing the competent court.
15. FORCE MAJEURE
The performance by the Seller of its obligations under these GCS will be suspended in the event of the occurrence of a fortuitous event or force majeure within the meaning of article 1218 of the Civil Code, which would hinder or delay its execution.
The Seller will notify the customer of the occurrence of such fortuitous event or force majeure within thirty (30) days from the date of occurrence of the event.
When the suspension of the performance of the Seller's obligations continues for a period of more than 30 days, the customer has the option of terminating the current Order and the Seller will then refund the Order under the conditions referred to in Article 7.5.
16. NULLITY OF A CLAUSE OF THE GCS
If any of the provisions of these GCS were cancelled, this nullity would not entail the nullity of the other provisions of the GCS which will remain in force between the Parties.
17. ENTIRETY
These T&Cs express all of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
These GCS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
18. NON-WAIVER
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in cause.
19. TITLE
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
20. SELLER'S DETAILS
The name of the Seller (the professional): COMSI COMSA
Address of the Seller's establishment: 309, Route de Reims 02200 Villeneuve-Saint-Germain
Seller's telephone number: 07 68 80 94 09
The Seller's email address: comsicomsa.net@gmail.com
21. APPLICABLE LAW AND JURISDICTION
The T&Cs are subject to French law.
Any dispute resulting from the formation, interpretation or execution of these T&Cs will be under the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or warranty claims.