General terms and conditions of sale
ARTICLE 1: PREAMBLE
1.1 - The store
The online store on the "Felizz.fr" website has been set up and is operated by GA TRADING. Any order validated by the buyer in the store "Felizz.fr" implies prior acceptance of these terms and conditions. The Felizz.fr site is exclusively reserved for professional customers who can provide a kbis.
1.2 - Validity of the order
The purchaser acknowledges that he/she has been fully informed that his/her agreement to the content of these terms and conditions does not require a handwritten signature, insofar as the purchaser orders online the items presented herein. The purchaser declares that he/she has full legal capacity to enter into commitments under these terms and conditions of sale.
1.3 - Application of the general conditions of sale
The purchaser has the option of saving or editing these general terms and conditions, it being specified that both the saving and editing of this document are the sole responsibility of the purchaser, as these terms and conditions may be modified by GA TRADING. In this case, the applicable conditions will be those in force on the site at the time of validation of the order by the purchaser.
1.4 - Contractual information
The online store set up by GA TRADING as part of its website includes the following information: - Legal notice enabling precise identification of Felizz - Presentation of the essential characteristics of the goods offered - Indication, in euros (excl. VAT) of the price of the goods and, where applicable, a contribution to shipping costs - Indication of the terms of payment, delivery or performance - The existence of a right of withdrawal - The period of validity of the offer All information on the "Felizz.fr" site is presented in French.
1.5 - Mutual obligations
These general conditions of sale express the entirety of the obligations and rights of both parties. In this sense, the purchaser is deemed to accept unreservedly all the provisions of these conditions. GA TRADING undertakes to respect its role as seller within the framework of these conditions.
ARTICLE 2: GENERAL INFORMATION
2.1 - Purpose and entry into force of the general terms and conditions of sale
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by GA TRADING to the buyer.
2.2 - Contractual documents
The present contract is made up of the following contractual documents, presented in descending hierarchical order: - In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
2.3 - Duration
The present terms and conditions of sale come into force on the date of signature of the order form by the purchaser. These general terms and conditions are concluded for the duration necessary for the supply of the goods subscribed to, until the extinction of their guarantees.
2.4 - Account opening
GA TRADING reserves the right, in view of the information provided by the customer at the time of registration, to open or refuse to open the customer's account, and thus to allow the customer access to prices and orders, without having to give any explanation (the main reasons being generally anti-competitive). The customer will have no possible recourse against GA TRADING and will therefore not be able to order on its site.
2.5 - Validity of the electronic signature
In accordance with the French law of March 13, 2000 on electronic signatures, any order form signed by the purchaser by "double-clicking" constitutes an irrevocable acceptance which can only be challenged in the cases exhaustively provided for in the present general conditions of sale, such as "right of retraction" and "out-of-stock condition". The "double click" associated with the authentication, non-repudiation and message integrity protection procedure constitutes an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.
2.6 - Proof of transaction
Computerized registers, kept in GA TRADING's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices will be archived on a reliable and durable medium that can be legally presented as proof.
ARTICLE 3: ARTICLES
3.1 - Information
GA TRADING presents on its website the items for sale as well as their detailed descriptions in compliance with article L 101-1 of the French Consumer Code, which stipulates that the potential buyer must be informed of the essential characteristics of the items he/she wishes to purchase before placing a final order.
3.2 - Prices / VAT
As this is a sales site reserved for professionals, the prices on the site are indicated in Euros EXCLUDING TAX. The current VAT rate is 20%. It is applicable upon validation of the order by the buyer. Shipping costs and any cash-on-delivery charges are invoiced in addition, and indicated before final validation of the order form. Prices are subject to French VAT, and any change in the legal rate of this VAT will be implicitly reflected in the price of items presented on the GA TRADING site, on the date stipulated by the relevant implementing decree.
3.3 - Availability
As information on the availability of items is provided by suppliers and/or manufacturers, GA TRADING cannot be held responsible for any definitive unavailability or postponement of delivery dates, nor can it entitle the purchaser to claim damages.
3.4 - Validity of product offers
GA TRADING's offers are only valid while stocks last. GA TRADING reserves the right to modify the range of items, their availability times and their prices, according to the constraints imposed by suppliers and/or manufacturers, and to inform the buyer accordingly.
3.5 - Conformity of product offers
The items offered comply with current French legislation and with standards applicable in France. The photographs, texts, graphics, information and characteristics illustrating the items presented are not contractual. Consequently, GA TRADING may not be held liable in the event of error or omission in any of these photographs, texts or graphics, information or characteristics of the articles, or in the event of modification of these said characteristics by the suppliers and/or manufacturers.
3.6 - Seller's obligations
In the event of a postponement of the availability of an item, GA TRADING will inform the buyer of the new dates announced by the suppliers and/or manufacturers. In the event of prolonged unavailability of an item, GA TRADING will offer the buyer an equivalent substitute item or, failing this, the cancellation of the item and its reimbursement, if applicable.
3.7 - Transfer of ownership
GA TRADING retains full and complete ownership of the goods sold until full payment of all sums due by the purchaser in respect of the order, including costs and taxes. The transfer of ownership of goods purchased from GA TRADING by the buyer to a third party will not be assumed by GA TRADING. Only the original purchaser of the good will be entitled to access the clauses of the present general conditions of sale.
ARTICLE 4 : ORDERING
4.1 - Order confirmation
Contractual information will be confirmed by e-mail. Certain orders will have to be checked by GA TRADING's verification department. In this case, the purchaser will be informed by e-mail of the supporting documents to be returned in order to obtain final validation of the order. GA TRADING reserves the right to cancel the order in the event of non-receipt of these documents or receipt of documents deemed to be non-compliant, or for any reason that GA TRADING deems acceptable.
4.2 - Buyer details
Orders paid by cheque or bank transfer will only be processed on receipt of payment. Availability and dispatch times will be recalculated from the date of registration of this method of payment. It is the buyer's responsibility to check the completeness and accuracy of the delivery address information provided to GA TRADING. GA TRADING cannot be held responsible for any data entry errors and the consequences thereof, such as a delay and/or error in delivery. In this context, all costs incurred for the reshipment of the order will be entirely at the buyer's expense.
4.3 - Order execution
The buyer will be notified by e-mail of the imminence of a shipment concerning his order. This order will be executed at the latest within 10 working days from the date of its final validation by GA TRADING (payment received and order verification procedure completed). In the event of one or more of the products ordered being out of stock, we will inform you and you will be able to choose between replacing the product(s), obtaining a credit note or a refund for the missing part of your order. GA TRADING reserves the right not to execute the order if it deems this necessary. The customer will be informed and the order will be cancelled and reimbursed.
4.4 - Non-fulfilment of the order
GA TRADING shall not be held liable for non-performance of the contract in the event of stock shortage or unavailability of goods, force majeure, disruption, total or partial strike, particularly of postal services and means of transport and/or communications, flood, fire. GA TRADING shall not be held liable for any indirect damage, operating loss, loss of profit, loss of opportunity, damages or expenses arising from the purchase of the articles. In the event of unavailability of an item ordered, notably due to suppliers and/or manufacturers, the purchaser will be informed as soon as possible and will have the option of modifying or cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid (within 30 days of the date of cancellation of the order), or, if necessary, an exchange of an item of equivalent characteristics and price, in agreement with GA TRADING. In the event that an exchange is not possible, GA TRADING reserves the right to cancel the buyer's order and refund any sums paid.
4.5 - Seller's obligations
GA TRADING undertakes to inform the purchaser of any change in the order relating to lead time, price, characteristics, so that the purchaser may decide to modify the order accordingly.
4.6 - Minimum order and shipping costs
GA TRADING will invoice the purchaser for delivery in France a contribution to shipping costs of €10 excluding VAT for all orders between €200 and €350 excluding VAT. GA TRADING will invoice the buyer for delivery in an EU country a contribution to shipping costs of €30 for all orders between €350 and €1000. For delivery to non-EU countries, please consult us for minimum order and carriage costs at: firstname.lastname@example.org.
4.7 - Warnings / advice
GA TRADING advises the buyer to keep a record of all data relating to his order on paper or on a reliable computer medium until the order has been definitively resolved
ARTICLE 5 : PAYMENT
5.1 - Method of payment
To pay for the order, the purchaser may choose from all the methods of payment proposed at the time of final validation of the order form, i.e.: bank card, cheque, bank transfer or Paypal. Cheques must be issued by a bank domiciled in mainland France. Orders paid by cheque or bank transfer will only be processed on receipt of payment. Availability and dispatch times will be recalculated from the date of registration of the means of payment.
5.2 - Payment in full
Payment must be made in full at the time the order is placed, unless a specific offer is indicated on the site. At no time may the sums collected be considered as deposits or advance payments. In particular, GA TRADING reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order, or with whom there is an outstanding payment dispute.
5.3 - Mutual obligations
5.3.a : of the buyer
The buyer guarantees GA TRADING that he/she has the necessary authorizations to use the method of payment he/she chooses when validating the order form.
5.3.b : of the seller
GA TRADING reserves the right to suspend any order processing or delivery in the event of refusal of payment authorization by financial organizations. GA TRADING has implemented an order verification procedure designed to ensure that no person uses another person's bank details without their knowledge. However, the buyer is advised that GA TRADING cannot be held responsible for any embezzlement or fraudulent use of any means of payment that has not been detected by the verification procedure.
5.4 - Warnings / advice
GA TRADING recommends that the buyer checks the solvency of his payment before validating his order on the site. GA TRADING reminds the buyer that all credit card payments are made via a secure system and that no credit card number is stored in its files
5.5 - Discount
No discount will be granted for early payment unless agreed in writing by GA TRADING
5.6 - Late payment penalties
In the event of late payment (from the day after the unpaid due date), a penalty of 3 times the legal rate of interest on the amount inclusive of tax will automatically be applied, plus a fixed indemnity of €40 for collection costs.
ARTICLE 6 : DELIVERY
6.1 - General information
An order will be considered to be sold out when all the merchandise has been dispatched and the buyer has paid in full for the items and any shipping charges.
6.2 - Delivery terms
Items will be delivered to the address indicated by the purchaser on the order form. GA TRADING will choose the mode of transport according to the weight and/or volume of the items. GA TRADING reminds the buyer that it is their responsibility to ensure that they have provided all the information required for the delivery of their order.
6.3 - Reservations
The purchaser has a legal and contractual obligation to check the physical condition and contents of the parcel(s) on delivery, in the presence of the delivery person. Any anomaly concerning the delivery (damage, missing item compared to the delivery note, damaged package, broken items, etc.) must be indicated on the carrier's delivery note in the form of detailed, dated and explicit "handwritten reservations", accompanied by the purchaser's signature. At the same time, the purchaser must report this anomaly to the carrier, within two working days of the delivery date, by registered mail with acknowledgement of receipt, setting out the aforementioned complaints. The purchaser must simultaneously send a copy of this letter (accompanied, where applicable, by the "spoliation report" or the "anomaly report" obtained from the carrier) by post to : GA TRADING, Service Client, 1320 route de Saint Chamas 13130 BERRE-L’ETANG. Any claim received after the deadline will be definitively rejected, with no possibility of recourse for the purchaser.
6.4 - Mutual obligations
6.4.a : of the seller
GA TRADING will make every effort to rectify the situation with the carrier insofar as the purchaser has taken all the necessary steps in the event of an anomaly at the time of delivery. GA TRADING cannot be held responsible for any delays in delivery, notably due to errors or disruptions attributable to the carriers (total or partial strike of the logistics chain and/or postal services and/or means of transport or communications).
6.4.b : of the purchaser
The purchaser is responsible for checking the conformity of the delivery in the presence of the carrier, either by himself or by a person authorized by him to accept the delivery. The customer will be responsible for any re-shipment costs (NPAI, unclaimed, refused, incomplete address).
6.5 - Delivery times
Dispatch within 1 to 5 working days of receipt of payment. In the event of late delivery within four working days of the dispatch date indicated in the "tracking - dispatch notice" e-mail, GA TRADING suggests that the buyer report this delay by contacting our customer service department, primarily by telephone (04 42 86 46 39) or by sending an e-mail. GA TRADING will then contact the carrier to start an investigation. This investigation may take up to 21 working days from the date it is opened. If the item is found during this period, it will be redirected as soon as possible to the delivery address provided by the buyer. If, on the other hand, the item has still not been located after 21 working days, the carrier will consider the parcel lost. Only after this investigation has been completed will GA TRADING be able to send a replacement item at its own expense. Should the item(s) ordered no longer be available, the buyer may obtain reimbursement for the items concerned by means of the carrier's confirmed declaration of loss.
6.6 - Anomaly / Spoliation
Any package received open and/or damaged, whether or not accepted on delivery, must be accompanied by "handwritten reservations". The buyer must also inform the carrier and GA TRADING by post within two working days of delivery. Some carriers may carry out a home inspection to check the condition of the delivered parcel before collecting it and, if necessary, redirecting it to GA TRADING's after-sales service, together with a notification of the incident.
6.7 - Warnings / advice
Only the damage and anomalies mentioned in the aforementioned reservations made by the buyer will be taken into account in the resolution of the dispute by the carrier. GA TRADING reminds you that in the event of a delivery problem, the buyer must keep all items received in their original condition (including packaging and any over-wrapping) until the case has been fully resolved. Failure to comply with the above rules may result in the carrier refusing to take charge of the dispute
ARTICLE 7: ACCEPTANCE
7.1 - Terms and conditions
The purchaser must notify GA TRADING within two working days of the date of receipt of the parcel, of any claim of delivery error and/or non-conformity of the items in kind or in quality in relation to the information given on the order form. Any claim made after this deadline may be rejected without recourse for the purchaser.
7.2 - Delivery errors
In the event of a delivery that is not intended for the buyer, the buyer is obliged to keep the parcel(s) as is and to inform GA TRADING's Customer Service department as follows: - by telephone on 04 42 86 46 39, from 8am to 12pm and from 1pm to 5pm, Monday to Friday - by e-mail: email@example.com - by logging on to our site under the heading "track your order" where, after being identified and having selected the corresponding order number, the buyer may ask a question or make a request via a drop-down menu.
7.3 - Non-conforming items
In the event of a non-conforming item, the purchaser may file a complaint with the Customer Service Department of - by telephone on 04 42 86 46 39, from 8am to 12pm and from 1pm to 5pm Monday to Friday - by email: firstname.lastname@example.org - by telephone on 04 42 86 46 39, from 8am to 12pm and from 1pm to 5pm Monday to Friday - by email: email@example.com - by logging on to our website in the "track your order" section where, after being identified and having selected the corresponding order number, the buyer may ask a question or make a request via a drop-down menu. The buyer must describe precisely the reasons for the non-conformity.
7.4 - Mutual obligations
7.4.a : of the buyer
Any claim not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release GA TRADING from any liability to the purchaser.
7.4.b : of the seller
GA TRADING will do everything in its power to rectify the problem encountered by the buyer as quickly as possible. In such cases, and insofar as the error originates from its services, GA TRADING will be responsible for the return of the item(s) by the means of transport of its choice.
7.5 - warnings / advice
The purchaser is hereby informed that certain documents relating to the parcel(s) may be required and must therefore remain in possession of all items received (including packaging) until the claim has been fully resolved
ARTICLE 8: RIGHT OF WITHDRAWAL
8.1 - General information
GA TRADING grants the buyer a legal right of withdrawal of 14 clear days to cancel the order. This right of withdrawal is exercised without penalty. In the event that the right of withdrawal is exercised without the goods having been dispatched, the purchaser has the option of requesting either a refund of the sums paid, or an exchange for an amount equivalent to the sums paid or, where applicable, with a bank supplement.
8.2 - Warnings / advice
In the event of retraction after receipt of the parcel(s), we recommend that the buyer return the parcel(s) with a recommendation or additional insurance guaranteeing, where applicable, compensation for the actual market value of the parcel(s) in the event of spoliation or loss of the parcel(s). GA TRADING will reimburse the buyer after verifying that it has received all the goods in good condition. In the event of incomplete or damaged merchandise being received, GA TRADING will deduct this from the refund, with proof of receipt. Any right of withdrawal exercised after the 14 days allowed will be refused by GA TRADING, the items will be delivered in conformity with the order and accepted by the buyer.
ARTICLE 9: LEGAL NOTICES & CLAUSES
9.1 - Force majeure
Neither party will have failed in its contractual obligations insofar as their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within five working days of becoming aware of them. The two parties will then meet, within a period of fifteen days, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: - blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning - stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
9.2 - Links
Hypertext links may lead to sites other than "Felizz.fr". GA TRADING declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
9.3 - Data protection
The user is informed that this automated processing of information, in particular the management of user e-mail addresses, has been declared to the CNIL.
9.4 - Partial non-validation
If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
9.5 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of one of the obligations referred to in the present general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
9.6 - Title
In the event of difficulty of interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.
9.7 - Applicable law
These general terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the purchaser shall first contact GA TRADING for an amicable solution.
9.8 - Disputes and competent court
In the event of disagreement, the only competent court will be that of Aix en Provence (13).
9.9 - Cookies
9.10 - Information about GA TRADING services
The "Felizz.fr" website is published by EURL GA TRADING, a limited liability company with capital of €5,000, registered with the Salon de Provence (13) trade and companies register under number FR801061482. To help you choose the items best suited to your needs, our Sales & Advices Department is at your disposal: - by telephone on 04 42 86 46 39, from 8 am to 12 pm and from 1 pm to 5 pm, Monday to Friday - by email: firstname.lastname@example.org We remind you that you can also : - Access your order online via your customer account, which also gives you access to online tracking of all your orders. - Use the Help section for further information. - Write to us at the following address GA TRADING - FELIZZ 1320 route de Saint Chamas 13130 BERRE-L’ETANG
ARTICLE 10: DEPOSIT AND SALE
10 .1 - Terms and conditions of depot-sale
In certain cases, GA TRADING and customers may collaborate on a deposit-sale contract. This means that the goods remain the sole property of GA TRADING until full payment for the items sold and return of unsold goods. Set-up and restocking costs are borne by GA TRADING, which only invoices at the end of the season for items sold, in accordance with a fee fixed in the depot-sale contract. GA TRADING cannot under any circumstances be held responsible for theft, but will deduct the cost of breakage. In view of the risks involved, GA TRADING reserves the right to decide whether or not to work with a depot-sale store. In all cases, a deposit of €600 (incl. VAT) per display unit will be required from the customer prior to delivery. This deposit can be paid in the form of an uncashed cheque, which will be returned at the end of the contract once the invoice has been settled, or by bank transfer or Paypal. In both cases, this deposit will act as a down-payment which will be deducted at the end of the contract. The customer must inform GA TRADING of the exact location in which the displays will be exhibited, and may not change this location without consulting GA TRADING and obtaining its agreement. Any reorders sent during the season must be paid for as and when they are sent, without waiting until the end of the season. GA TRADING is entitled to terminate the depot-sale contract if it considers that sales are not keeping pace. The depot-sale customer must take good care of the items and displays. If either is returned in poor condition, GA TRADING will be entitled to charge for the return of products unfit for sale. Similarly, a broken or unreturned display will be invoiced at €100 excluding VAT. The customer undertakes to display the depot-sale items in the best possible way in order to optimize sales. The customer may terminate the contract before the term defined in the depot-sale contract, giving GA TRADING a period of 20 days to recover the goods. Upon receipt, GA TRADING will invoice the sales generated.