CONDITIONS GENERALES DE VENTE DE PRODUITS
Article 1. Scope of application
These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to the sale of all products (hereinafter the "Products") offered by CIVILITY, a CIVILITY company with a capital of €7,500, whose registered office is located at 10 rue de Penthièvre, 75008 PARIS, registered with the Paris Trade and Companies Registry under number 890 712 680 (hereinafter "the Company"), on its online shop accessible at the following address: https://www. civility- mask.com (hereinafter: "the Site"), to any consumer, within the meaning of the Law, acting exclusively on his own behalf (hereinafter: "the Client").
Article 2. Opposability of the General Terms and Conditions of Sale
The General Terms and Conditions are made enforceable against the Customer for any Order on the Site by ticking the box indicating that the Customer has read the General Terms and Conditions, which he may view and save on a durable medium.
The Company may modify these General Terms and Conditions at any time, it being specified that only the General Terms and Conditions in force on the date of the Client's Order are applicable.
Any modification to the General Terms and Conditions proposed by the Client and not formally accepted by the Company will be unenforceable against the Company.
The sale of Products by the Company is governed by the provisions of articles 1582 and following of the Civil Code, subject to the specific contractual provisions contained in these General Terms and Conditions.
The fact that the Company does not avail itself at a given time of any of these General Terms and Conditions may not be interpreted as a waiver of the right to avail itself at a later date of any of the said General Terms and Conditions.
Article 3. Order
The Order is carried out after the following four successive steps have been completed:
3.1 Selection of articles
After having clicked on the "Pre-order" tab and then on the "Discover" tab, then on the "Add to basket" icon and after having checked the specifics of his Order (item, quantity, size, color, price, etc.) from the references of the offers visible on the French version of the Site, the Customer validates the choice of the item(s) selected by clicking on the "Validate my basket" icon.
Information on the availability of the item(s) is given when the Order is placed.
If the Customer is already registered in the Customer database, he must fill in the fields provided for this purpose on the Site, indicating his user name and personal password.
If the Customer is not already registered in the Customer database, he must fill in the fields provided for this purpose on the Site by indicating his contact details with the following compulsory information: title, surname, first name, full delivery address, e-mail and telephone number.
The Customer has the possibility, before validating his Order, to check the details and the total price of the Order and to correct any errors, before confirming the Order for acceptance.
After accessing a summary, the Customer will validate his Order by clicking on the "Validate" button.
In all cases, the Company shall acknowledge receipt of the Order as soon as it has been validated by e-mail or by any other means at its convenience.
After confirming the content of his Order, the Customer will validate it definitively by payment.
The Order shall only be definitive once the corresponding price has been paid. The Customer shall therefore be debited on the day of the Order.
The methods of payment accepted to date are : Carte Bleue, VISA, MASTERCARD, AMERICAN EXPRESS, and PAYPAL.
For payment cards, the CUSTOMER provides the number of his bank card associated with its expiry date as well as the last three digits of the cryptogram appearing on the back of his bank card or the 4 digits on the front of the American Express card.
Article 4. Prices and Terms of Payment
4.1 The products are invoiced on the basis of the prices indicated in the offer at the time of the order. The prices indicated are the final prices, including all taxes at the legal rate in force. The goods remain the property of the Company until full payment of the sale price.
4.2 The prices of the products displayed on the Site are exclusive of delivery costs.
4.3 Delivery costs are specified during the payment process and will be added to the total amount to be paid.
4.4 Once the delivery has been made, the Customer is obliged to check immediately whether the delivery is complete and whether the goods are damaged. Any complaints must be addressed without delay to the transport company. The Customer must also ensure that the goods delivered correspond to his order. If the goods do not conform to the order, the Client must inform the Company's customer service department by e-mail at the following address: email@example.com.
Article 5. Deliveries
No delivery will be made until the Customer has paid the full price of the order.
Transport and delivery costs are borne by the Customer under the conditions set out in article 4 of these general terms and conditions.
The delivery times indicated on the day of the order are given as an indication only, the seller making its best efforts to respect the times communicated. In the event that the times indicated cannot be met, the seller undertakes to make its best efforts to send the Products to the Customer as soon as possible.
Unless expressly stipulated otherwise, the Products are delivered by a carrier chosen by the Company to the address of the Client's main place of business.
The carrier shall provide the Client with a delivery slip in duplicate including details of the Products and the number of packages of Products, including, but not limited to, the names of the Products and the quantity of Products delivered.
It is the Customer's responsibility to check with the greatest care, upon arrival of the Products, the condition and quality of the said Products, their quantity and their conformity to the delivery slip and the order, subject to the unavailability of certain products referred to in the order of which the Customer would have been informed, the absence of apparent anomalies, and then to date and sign the delivery slip after having indicated that he has checked the goods, as well as any reservations.
In the event of non-conformity of the Products with the specifications mentioned in the delivery note, the Client is required to make all necessary observations at the time of receipt of the Products, to indicate his reservations to the Company on the delivery note, dated and signed by the Client, and to send his complaints by e-mail within 24 (twenty-four) hours following receipt of the Products, or if it is impossible to send his complaints by e-mail, fax or post. No complaint will be accepted after this period.
No dispute relating to the conformity of the Products delivered and no return of the Products shall be possible in the event of unreserved receipt of the said Products by the Customer.
The costs and risks of returning the Products shall be borne by the Customer, except in the event of a lack of conformity established in accordance with the above-mentioned rules.
Article 6. Transfer of risks and transfer of ownership
The risks relating to the Products sold are borne by the Customer as soon as the sale is made, as evidenced by the signature of the order form.
It is therefore up to the Customer to take out, at his own expense, any insurance covering the Products that are the subject of the order.
The Company retains ownership of the Products until full payment of the price and related fees and taxes by the Client. In the event that the Company agrees to deliver all or part of the Products ordered before full payment of the price, the Company shall retain ownership of the Products delivered until full payment of the price and the related fees and taxes by the Client.
Article 7. Guarantee
The Customer benefits from the guarantees listed in this article 7 only insofar as the products were purchased directly on the Site.
The Customer benefits from the following legal guarantees:
The legal guarantee of conformity (articles L.217-4 et seq. of the Consumer Code),
If your products do not conform (for example if they do not correspond to the description given on the site or to your order), you have a period of two years from the delivery of the good to contact our Customer Service by email via our page https://www.civility-mask.com, or by post at the following address: CIVILITY 10 rue de Penthièvre 75000 Paris, and return the non-compliant products to us. We will then send you replacement products, when these are available. If we are unable to replace the non-compliant products within thirty (30) days, you may :
- request a full refund of the non-conforming products or
- keep the non-conforming products and ask us for a reduction of part of the price, which will be determined on a case-by-case basis.
3. You are exempt from providing proof of the existence of the product's lack of conformity during the twenty-four (24) months following delivery of the goods.
4. This legal guarantee of conformity applies independently of any commercial guarantee that may have been taken out and of the nature of the product.
5. the legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code). If you succeed in proving the hidden defect of a product, we are legally obliged to repair all the consequences of such a hidden defect (articles 1641 and following of the Civil Code). You will then be able to choose between cancellation of the sale or a price reduction (in accordance with article 1644 of the Civil Code).
Article 8. Intellectual Property
The mere fact of purchasing Products from the Company does not confer any rights on the Client in respect of trademarks belonging to the Company or third parties. Consequently, and subject to the stipulations, if any, contained in a distribution contract concluded between the Client and the Company, the Client has no rights over the Company's trademarks, patents, drawings and models, distinctive signs, copyrights, software, studies, works or any documents, written or electronic, of the Company.
The Client therefore refrains in particular from carrying out any act that may be qualified as an infringement, from registering any trademark, patent, design or model that may be considered as an infringement, from using the trademarks, patents, designs and models or distinctive signs that may be considered as an infringement as a sign, in its storefront, on its documents or on its Internet site and generally on any communication medium that it may use. With the exception of individuals or legal entities that have concluded a licence with the Company relating to any trademark owned or licensed by the Company, or any contract including a licence for these same trademarks, it is strictly forbidden for any purchaser of the Products to resell said Products by using the Company's trademark, in particular as a sign, or any other trademark that may be owned or used by the purchaser, except with the express agreement of the Company. This prohibition is unlimited in time and for the entire world.
The Client authorizes the Company and its service providers to reproduce its distinctive signs insofar as such reproduction is necessary for the performance of this contract, in particular to personalize the Company's kits with the Client's distinctive signs.
In the context of this contract, the expression "Distinctive Signs" refers to any distinctive sign created, registered or filed (such as, in particular, a trade name, sign, name, domain name, trademark, graphic design and/or logo) protected under any legislation whatsoever in terms of intellectual property rights and of which the Client is the owner or over which it has a right of use.
The Company reserves the right, for technical reasons of integration of these elements, to modify their proportions. However, the graphics and color will be respected.
The Client authorizes the Company to reproduce or have reproduced all or part of the descriptions and illustrative photos on any medium and, in particular, paper, magnetic, digital or any other computer or electronic medium, known or unknown, current or future, in any format, without limitation in number, by any process and in particular by any electronic communication networks and systems known or unknown to date, in particular within any database, on Internet sites, insofar as such reproduction is necessary for the performance of this contract.
Due to the parameters imposed by their being put online and in order to take into account the requirements of space and uniformity of Internet sites, the Company may be required to modify the descriptions. "5
However, this modification will only affect the description in its form and will in no way alter its content.
To this end, the Client authorizes the Company to adapt or have adapted all or part of the descriptions, including photos, maps, illustrations, etc.., to correct them, to make them evolve, mix, modify, divert, change colors and shapes, assemble, digitize, translate into any language, integrate all or part of them into existing or future works, on any of the media mentioned in this article; in particular to extract and dissociate the various elements of the description in order to integrate them into its own product catalogue in the format and with the specific features (graphic charter, illustrations, etc.) specific to the Company. These adaptations must be validated by the Client before their distribution.
Finally, The Client transfers to the Company the right of representation, i.e. the right to disseminate or have disseminated to communicate or have communicated to the public all or part of the descriptions, in any manner whatsoever, by any process whatsoever, known or unknown to date and notably by all telecommunications networks, on all media mentioned in this article, in all formats notably within any database, on websites. These representations must be notified to The Customer in advance.
The rights granted above are granted on a non-exclusive basis, for the duration of the execution of the present contract, for the entire world and exclusively for the purpose of its execution.
Article 9. Liability of the Company
The Company is subject hereunder to an obligation of means. The Company's liability is limited to the sole supply of the Products to the Client. The Company shall in no way be held liable under the guarantee of eviction, except for its own fault, nor shall it be held liable for hidden defects in the Products.
Under no circumstances may damages of any kind be claimed from the Company for loss of profit or for commercial prejudice or other indirect prejudice such as loss of materials, operating loss or compensation for delay.
Under no circumstances may the Company be held liable for damages due to the non-performance by the Client of its obligations, for indirect or immaterial damages, for damages related to late delivery, failure or damage, for damages related to non-compliance with the Client's requirements and/or for damages due to a cause beyond the Company's control, in particular to an unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure, defined herein as, this list being not exhaustive: any natural disaster, act of the Prince, war, state of emergency or national defense requirements, riot, insurrection, fire, explosion, flood, epidemic, accident, delay of suppliers, malfunction of machinery or equipment, strike, plant closure or any other industrial dispute (whether or not involving the workers of one of the parties), hindrance or delay in the transport or supply of adequate raw materials, or a significant increase in the price of such raw materials, or failure or delay in the performance by a third party of its obligations.
In all the above-mentioned cases, full payment for the Products shall remain due without being able to give rise to any reimbursement whatsoever.
In any event, any compensation due by the Company may not exceed the sale price by the Company of the Product(s) in question.
Article 10. Withdrawal
10.1 Information on the right of withdrawal :
You have the right to withdraw from this contract without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days from the confirmation of the order.
In order to exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of a clear statement (e.g. letter sent by post, fax or e-mail). To do so, you can complete and submit the cancellation form or another clear declaration of cancellation in electronic form, using the contact form on our website or by email to firstname.lastname@example.org.
If you make use of your right of cancellation, we will send you an immediate acknowledgement of receipt of your corresponding declaration (e.g. by e-mail).
In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal is inapplicable in the event :
1. the supply of goods made to the consumer's specifications (order of personalized Products).
2. of supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
In other words, from the day of receipt of your product, the right of withdrawal is no longer applicable.
Article 11. Personal data
the Company undertakes to keep the Client's personal data in accordance with the regulations in force, namely the French Data Protection Act of 6 January 1978 as amended by the Act of 20 June 2018 relating to the protection of personal data, Directive 95/46/EC on data protection and any associated regulations or instruments, as well as any other laws and regulations, regulatory requirements and codes of conduct applicable to data protection in each Party or any other legislation, regulations, rules and codes of conduct that transpose or replace the above, including Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of data.
The Company undertakes not to disclose any personal information to any third party without the Client's permission, subject to such disclosures as may be required by law, regulation and the courts or by any distribution agreement that the Client may enter into with the Company.
Finally, in accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 20 June 2018 on the protection of personal data, the Client may at any time exercise its right of access to data concerning it, its right of opposition and its right of rectification.
Article 12. Mediation of consumer disputes
After having contacted the Company's customer service department and in the absence of a satisfactory response within 60 days, the consumer Client may refer the matter to the Mediation and Arbitration Centre, whose contact details are as follows:
Service Médiation de la consommation 39, avenue F.D. Roosevelt
The mediator's mission is to attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. However, the Client remains free to accept or refuse the recourse to mediation and to refer the matter to the competent courts.
The Client is also informed that it has the possibility of using the European Online Dispute Resolution (OLR) platform to settle their disputes: www.ec.europa.eu/consumers/odr/.
Article 13. Applicable law
This contract is, for its validity, interpretation and execution, subject to French law.
Article 14. Settlement of disputes and attribution of competence
Any dispute in connection with these General Terms and Conditions or the Orders made pursuant to them shall be subject to the jurisdiction of the court in your place of residence, unless you decide to bring the dispute before another competent court, such as, in particular: the place of the registered office of the Company, the place where you were residing at the time of the conclusion of the contract, the place where you were residing at the time of the occurrence of the harmful event.