These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website www.dust-commander.com (hereinafter the "SITE") managed by SULACO, SASU, registered in the Trade and Companies Register under number RCS 794 160 408, having its registered office at 1 RUE DE L'EGLISE - 67600 - SELESTAT - FRANCE, France Telephone: 0950 911 805, email: firstname.lastname@example.org (hereinafter the "SELLER").
Any order placed on the Site necessarily implies the CUSTOMER'S unconditional acceptance of these General Terms and Conditions
ARTICLE 1. DEFINITIONS
- "CUSTOMER": refers to the contractual partner of the SELLER, who guarantees to be a consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts independently of any regular or commercial activity.
- "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when ordering.
- "PRODUCTS": refers to all products available on this SITE.
- "TERRITORY": refers to the metropolitan European Union (excluding Territories associated with the European Union).
ARTICLE 2. PURPOSE
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers, and that professionals must contact the SELLER'S sales department in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions are referred to at the bottom of each page of the SITE as a link and should be consulted before placing an order. The CUSTOMER is invited to read the General Terms and Conditions carefully, download them, print them and keep a copy.
The SELLER advises the CUSTOMER to read these General Terms and Conditions for each new order: the latest version of these Terms and Conditions shall apply to any new order of PRODUCTS.
By clicking on the first button to place an order, then on the second to confirm said order, the CUSTOMER acknowledges they have read, understood and accepted the General Terms and Conditions unconditionally and without limitation.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be asked to provide information that allows his/her identification, by completing the form available on the SITE. The (*) sign indicates the mandatory fields that must be completed in order for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER may check the status of his/her order at any time on the SITE. If necessary, DELIVERIES may be tracked using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by email at email@example.com to obtain information regarding the status of his/her order.
The information which the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to request that the CUSTOMER confirm, by any appropriate means, his/her identity, his/her eligibility and any of the information communicated.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on information sheets available on the SITE) and the obligatory information that the CUSTOMER must receive under the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Orders for PRODUCTS are to be directly placed on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
The CUSTOMER must select the PRODUCT(s) of his/her choice by clicking on the PRODUCT(s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT will be placed in the CUSTOMER's shopping cart. The CUSTOMER can then add as many PRODUCTS as he/she wishes to his/her shopping cart.
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and verify that the contents of his/her order are correct. If the CUSTOMER has not yet done so, he/she will then be asked to log in or register.
Once the CUSTOMER has validated the contents of the shopping cart and that he/she has logged in/registered, an online form will be displayed for his/her attention, completed automatically and summarising the price, applicable taxes and, if applicable, delivery charges.
The CUSTOMER is invited to verify the contents of his/her order (including the quantity, characteristics and references of the ordered PRODUCTS, billing address, means of payment and price) before validating its contents.
The CUSTOMER may then proceed to payment for the PRODUCTS by following the instructions on the SITE, and provide all the information necessary for the billing and DELIVERY of PRODUCTS. For PRODUCTS where options are available, these specific references appear when the right options have been selected. The orders placed must include all the information necessary to process the order correctly.
The CUSTOMER must also select the delivery method.
Once all the steps described above are completed, a page will be displayed on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgement of receipt of the order will automatically be sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER shall not send any order confirmation by fax or by post.
During the order procedure, the CUSTOMER shall enter the information necessary for invoicing (the (*) sign will indicate the obligatory fields to be completed in order for the CUSTOMER's order to be processed by the SELLER).
It is important that the CUSTOMER clearly indicates all information relating to DELIVERY: in particular, the exact DELIVERY address, as well as any access code at the DELIVERY address.
The CUSTOMER must also specify their chosen method of payment.
Neither the order form that the CUSTOMER completes online, nor the order receipt acknowledgement sent by the SELLER to the CUSTOMER by email, constitutes an invoice. Whatever the order or means of payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, by email.
The order date is the date on which the SELLER acknowledges receipt of the order online. The periods indicated on the SITE do not start until this date.
For all PRODUCTS, the CUSTOMER will find prices displayed in euros, including all taxes, on the SITE, as well as applicable delivery charges (according to the weight and volume of the parcel, excluding packaging and gifts, the DELIVERY address and the chosen carrier or mode of transport).
The prices are inclusive of value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The SELLER's suppliers' prices are subject to change. As a result, the prices listed on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except in case of gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CUSTOMER.
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
As a rule, the unavailability of a PRODUCT is indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed by the SELLER of the restocking of a PRODUCT.
In any case, if unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, propose an alternative PRODUCT of equivalent quality and price, to be accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his/her order of unavailable PRODUCTS, the CUSTOMER will receive a refund of all sums paid for unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CUSTOMER may pay for his/her PRODUCTS online on the SITE according to the means offered by the SELLER.
The CUSTOMER guarantees to the SELLER that he/she holds all the authorisations required to use the chosen means of payment.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online in connection with online payment on the SITE.
It is specified that all payment information provided on the SITE is transmitted to the SITE'S bank and is not processed on the SITE.
In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS on the SITE are ordered.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account as soon as the first parcel is dispatched. If the CUSTOMER decides to cancel his/her order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by another valid payment method.
In the event that, for any reason whatsoever, be it obstruction, refusal or otherwise, the transmission of payment due by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically cancelled.
ARTICLE 8. PROOF AND ARCHIVING
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER's request.
In the event of any dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him/her, or by a third party appointed by him/her other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of ownership, as well as any risk of damage that these may entail.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" guarantees, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code.
ARTICLE 13. LIABILITY
The SELLER may not be held liable, or considered as having failed to comply with these conditions, for any delay or non-performance when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is further specified that the SELLER does not control websites which are directly or indirectly linked to the SITE. Consequently, it does not accept any responsibility for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is made with respect to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER shall not be held responsible if the failure or delay in executing any of its obligations as set out in these terms and conditions is the result of an event of force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.
As such, the responsibility of the SELLER cannot be invoked, including in case of hacking attacks, the unavailability of equipment, supplies, spare parts, personal equipment or other items, the interruption of electronic communications networks, and in the case of any circumstance or event beyond the SELLER's control taking place after the conclusion of the General T&Cs of Sale and preventing their execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER cannot claim payment of any compensation and may not bring any action against the SELLER.
If one of the aforementioned events occurs, the SELLER will endeavour to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The data collected by the SELLER is used to process orders placed on the SITE, to manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has chosen this option, send him/her marketing letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract and its execution, in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or clicking on the hypertext link provided for this purpose below each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to its business partners the names and contact details of its CUSTOMERS, provided that they have given their prior agreement when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish for their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive marketing content from its partners.
In accordance with Law No. 78-17 of 6 January 1978 relating to information technology, databases and civil liberties and (EU) Regulation 2016/679 of the European Parliament and Council of 27 April 2016 relating to individual protection with regards to the processing of personal data and the free movement of this data, and repealing Directive 95/46/EC (General Data Protection Regulation, known as the GDPR), the SELLER ensures the implementation of the rights of persons concerned.
It is recalled that the CUSTOMER whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the the amended Data Protection Act and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him/her, without providing a reason and at no cost.
The CUSTOMER may exercise these rights by sending an email to the address: firstname.lastname@example.org or by sending a letter to 1 RUE DE L'EGLISE - 67600 - SELESTAT - FRANCE.
It is specified that the CUSTOMER must be able to prove his/her identity, either by scanning an identity document or by sending the SELLER a photocopy of his/her identity document.
ARTICLE 16. COMPLAINTS
ARTICLE 17. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's permission in writing.
This authorisation from the SELLER will not be granted definitively in any circumstances. This link must be removed at the SELLER's request. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (inline linking) are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by whatever process, without the SELLER's express prior authorisation, is prohibited and will constitute an infringement as sanctioned by Articles L.335-2 et seq. and L.713-1 et seq. of the Intellectual Property Code.
The acceptance of these GTC implies the CUSTOMER's awareness of the SELLER'S intellectual property rights and his/her commitment to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any conditions not expressly dealt with herein shall be governed by the customary rules of the retail trade sector for companies whose registered office is located in France.
Article 19. CHANGES TO THE GENERAL TERMS AND CONDITIONS
The General Terms and Conditions are accurately dated and may be modified and updated by the SELLER at any time. The applicable General Terms and Conditions are those in force at the time of ordering.
Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
IN CASES OF DISPUTE, ONLY THE FRENCH COURTS WILL BE COMPETENT.
However, prior to any recourse before arbitration or state judge, the Customer is invited to contact the SELLER's complaint service.
If no agreement is found or if the CUSTOMER demonstrates having tried, previously, to resolve his/her dispute directly with the SELLER through written complaint, then an optional mediation procedure will be proposed, conducted in the spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.
To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: MEDICYS, whose contact details are: 73 Boulevard de Clichy 75009 Paris, and who can be found via this link: https://medicys-consommation.fr/.
The party wishing to invoke the mediation process must first inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict
Mediation is not mandatory, the CUSTOMER or the SELLER may withdraw from the process at any time
IN THE EVENT THAT MEDIATION FAILS OR COULD NOT BE CONSIDERED, A DISPUTE REQUIRING MEDIATION WILL BE CONFERRED TO THE COMPETENT JURISDICTION DESCRIBED ABOVE.
The CUSTOMER has, in principle, the right to withdrawal by returning the PRODUCT to the SELLER.
For this, the PRODUCT must be returned without undue delay, and no later than fourteen (14) days after the communication of his/her decision to withdraw, unless the SELLER offers to recover the PRODUCT itself.
In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and appointed by the CUSTOMER, physically takes possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days following the day on which the CUSTOMER, or a third party other than the carrier and appointed by the CUSTOMER, physically takes possession of the last delivered PRODUCT.
If the CUSTOMER's order is for more than one PRODUCT and these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and appointed by the CUSTOMER, physically takes possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise his/her right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must provide notification of his/her decision to cancel by means of an unambiguous declaration (for example, letter sent by post, fax or email) to: 1 RUE DE L'EGLISE - 67600 - SELESTAT - FRANCE or email@example.com.
He/she may also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER must convey his/her communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the case of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all amounts paid, including delivery charges (with the exception of additional charges resulting, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER receives the returned PRODUCT.(Article L.221-24 of the French Consumer Code).
The SELLER shall make the refund using the same means of payment as used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means of payment. In any event, this refund shall not involve any charges for the CUSTOMER.
The SELLER is not required to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.
The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being the date of the first of these events.
Methods of return
The CUSTOMER shall, without undue delay and, in any case, no later than fourteen (14) days after notification of his/her decision to withdraw from this contract, return the goods to: 1 RUE DE L'EGLISE - 67600 - SELESTAT - FRANCE.
This deadline is deemed respected if the CUSTOMER returns the goods before the expiry of a period of fourteen (14) days.
The CUSTOMER shall bear the direct expenses of returning goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct return costs of the goods.
Condition of returned goods
The PRODUCT must be returned according to the SELLER'S instructions and, in particular, include all the delivered accessories.
The CUSTOMER is only liable for the depreciation of goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER may test the PRODUCT but his/her liability may be incurred if he/she engages in handling other than that required.
Exemptions from the right of withdrawal
The right of withdrawal is exempted in the following situations:
- Supply of goods or services whose price depends on financial market fluctuation
- Supply of goods made to the CUSTOMER's specifications or clearly customised
- Supply of goods which may deteriorate or quickly become obsolete
- Supply of sealed audio or video recordings or software which have been unsealed after delivery
- Newspapers, periodicals or magazines (unless contracted by subscription)
- Provision of accommodation services other than residential, transportation of goods, car rental, catering or leisure-related services if the offer is provided for a specific date or period of execution
- Supply of goods that by their nature are inseparably mixed with other items
- Supplies of sealed goods that cannot be returned for health or hygiene reasons and which were unsealed by the CUSTOMER after DELIVERY
- Supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose real value depends on market fluctuations outside of the SELLER's control
- Supply of digital content not supplied electronically if the execution began with the express prior agreement of the consumer, who also acknowledged that he/she will lose his/her right of withdrawal as a result
- Contracts concluded at public auction
The PRODUCTS offered can only be delivered within the TERRITORY.
It is not possible to place an order for any delivery address located outside the TERRITORY.
The PRODUCTS are sent to the delivery address(es) indicated by the CUSTOMER during the order process.
The times for order preparation and invoice creation, before shipping PRODUCTS in stock, are detailed on the SITE. These times exclude weekends or public holidays.
An email will automatically be sent to the CUSTOMER at the time of the PRODUCTS' shipment, provided that the email address provided in the registration form is correct.
Delivery times & fees
During the ordering process, the SELLER indicates possible delivery times and methods to the CUSTOMER for the PRODUCTS purchased.
Delivery costs are calculated according to the delivery method.
The sum of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS bought.
The details of delivery times and fees are outlined on the SITE.
In the absence of indication or agreement as to the date of delivery, the SELLER will deliver the PRODUCT without undue delay and at the latest thirty (30) days after conclusion of the contract. (Article L.216-1 of the French Consumer Code).
The package will be delivered to the CUSTOMER against signature and on presentation of an identification document.
In the event of absence, a notice will be left for the CUSTOMER, to allow him/her to pick up his/her parcel at his/her post office.
The CUSTOMER is informed of the delivery date set when the carrier is selected, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER notice to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may terminate the contract.
The SELLER shall reimburse the CUSTOMER, without undue delay, upon receipt of the cancellation letter, the total amount paid for the PRODUCTS, taxes and delivery charges included, using the same method of payment as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible for the PRODUCT until its delivery to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.