1.1 These General Terms and Conditions of Sale (GTC) govern the sales contracts for products concluded between the company Alain BIVAS (hereinafter the «Seller») and any customer, whether professional or consumer (hereinafter the «Customer») on the Seller's website located at: https://www.sunplicity.fr (hereinafter the «Site»). The GTC exclusively govern distance sales within the meaning of the Consumer Code, to the exclusion of transactions concluded in or outside the Seller's premises. They define the rights and obligations of the parties and are an integral part of the Sales Contract concluded.
1.2 Before placing an order, the Customer declares to have read these T&Cs and to accept them without restriction or reservation. This acceptance is deemed to be acquired clearly and unequivocally, through the computer validation of these T&Cs on the Seller's website; as required before placing any order. The act of any Customer placing an order for goods on the Site entails, in any event, their full, entire and unreserved acceptance of these T&Cs, which shall prevail if necessary over any other special conditions originating from the Professional Customer.
1.3 The Seller reserves the right to amend these T&Cs at any time by publishing a new version on its Website, which can be viewed at the following address: https://www.sunplicity.fr. In the event of an amendment, the applicable T&Cs are those in force at the time the order is placed.
1.4 The Seller's failure to enforce any provision of these T&Cs shall not be interpreted as a waiver of their right to enforce said provision at a later date.
1.5 If any of the provisions of these General Terms and Conditions or the sales contract is declared invalid, the relevant clause shall be deemed unwritten and this invalidity shall not affect the validity of the other provisions, which shall remain in force, unless mandatory provisions provide otherwise.
2.1 Before placing an order, the Customer expressly declares and acknowledges that they (1) are legally capable of contracting under French law and/or are duly authorised to represent the legal entity for which they are contracting; (2) have received the necessary advice and information from the Seller to ensure the suitability of the offer for their needs; (3) have read the pre-contractual information as required by Article L111-1 of the French Consumer Code, as further defined on the Seller's website accessible at the following address: https://www.sunplicity.fr. For the purpose of providing the Customer with complete information, it is reminded:
2.2 Seller Information: The Seller, solely contracting party of the Customer, is Alain BIVAS, a simplified joint-stock company with a capital of €5,000, registered with the RCS of Albi under number 815 091 590. Registered office address: Lieudit Les Mordorées, 81120 Lamillarié – France, intra-community VAT number: FR 36 815 091 590. The Seller specialises in the design of solar kitchen products, which it markets via its Website.
2.3 Contacting the Seller: For more information or for any complaints, the Customer may contact the Seller by email at the following address: contact@sunplicity.fr; or by telephone on 05 63 79 12 99, or via the contact form found at the link https://sunplicity.fr/contact/.
2.4 Product Information: The goods to which these T&Cs apply are exclusively a foldable solar oven and its accessories, the essential characteristics of which are defined and accessible to the Customer on the Website (hereinafter «the Product»).
2.5 Pricing and Conditions Information: The conditions relating to the price of the Products, delivery and ancillary charges, payment terms, delivery and execution of the contract, are made available to the Customer on the Website https://www.sunplicity.fr and remain accessible before any Order is placed. The Customer acknowledges having read them prior to the conclusion of the contract.
The conclusion of the Sale between the parties requires, subject to the Consumer Client's right of withdrawal, (1) the Client's obligation to consult and become aware of the information presented on the Site concerning the essential characteristics of the Product offer; (2) the Client's selection of the Product and, where applicable, its options or accessories; (3) the input by the Client of essential data concerning them (identification, address, etc.), and relating to the terms of their order; (4) the Client's acceptance of these T&Cs; (5) the Client's verification of the order terms and any correction thereof; (6) the full payment for the Products. Except as otherwise stipulated, the property rights granted hereunder are solely for the individual signing the order (or the holder of the email address provided); the Seller shall only be bound by the terms and within the limits of the Client's order as submitted during their online submission. The Seller reserves the right to (1) refuse any abnormal or excessive order, having regard to its technical, commercial, financial or logistical capabilities, or orders with terms exceeding those hereof, or which are submitted in bad faith, for any illegitimate purpose or reason; and/or (2) not to register a payment, or not to confirm an order in the event of supply issues, without its liability being engaged for any of these reasons.
Orders are placed by the Customer exclusively via the Seller's Website and through the interface provided, to the exclusion of any other method. Any order placed by the Customer is firm, final, and binding from the moment it is received by the Seller, subject to the legal right of withdrawal available to the Consumer Customer. Any subsequent modification of the Order for any reason whatsoever is only valid with the express and prior agreement of the Seller. The contractual information brought to the attention of the Customer during the order placement is presented in French and is summarised and confirmed at the time of validation of the Order. Any order confirmation implies the Customer's full and complete adherence to these T&Cs and constitutes acceptance of the transactions carried out. All data provided and entered by the Customer, as well as the confirmed order, shall serve as proof of the transaction. Upon validation of the Order, the Customer shall receive by email to the address indicated (1) confirmation of the payment made, (2) an order confirmation email summarising the terms, and (3) a PDF copy of these T&Cs, as previously validated during placement.
Deliveries shall be made to the address indicated by the Customer when ordering, and under the conditions stated on the confirmation page. The dispatch time for Products is 24 hours (working days), unless in exceptional circumstances, after full payment of the order has been received. Product delivery times are handled by La Poste via Colissimo and vary depending on the country of delivery. In the event of a delivery delay exceeding 30 days beyond the indicated timeframe, the Consumer Customer may cancel and terminate the contract by registered letter with acknowledgement of receipt addressed to the Seller, under the conditions defined in Article L138-2 of the French Consumer Code. The Seller shall then reimburse the Product and delivery costs, under the conditions of Article L138-3 of the French Consumer Code. Regarding sales to non-consumer Customers, delivery delays cannot, however, give rise to any damages, price reductions, deductions, modifications, or cancellation of current orders. In all cases, the Seller shall not be held responsible for delivery delays resulting from the unavailability or absence of the Customer after multiple unsuccessful appointment proposals. The Seller provides the Customer with a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking.
The Seller undertakes to fulfil the Customer's Order within the limits of available Product stock and the stock of its suppliers. In the event of Product unavailability for a period exceeding 90 working days, the Customer will be immediately informed by the Seller of the foreseeable delivery times, and the Order may be cancelled in accordance with the terms set out in Article 5 of these T&Cs.
The price of the Products shown on the order page is expressed in Euros including all taxes (VAT and other applicable taxes at the rate applicable on the day of the Order), but excluding any processing, shipping and delivery charges, which remain the responsibility of the Customer. For any order shipped outside the European Union and/or overseas departments and territories, the price is expressed excluding taxes. It does not include any export-related fees, duties, and royalties which may be payable, and which remain the exclusive responsibility of the Customer (such as customs duties, local taxes, import duties, state taxes). These charges and the related formalities are the sole responsibility of the Customer (declarations, payment to the competent authorities, etc.). The Seller reserves the right to modify its prices and its pricing conditions at any time, but the Product will be invoiced on the basis of the rate in force as shown on the Site at the time of order validation.
8.1 All sales via the website are settled in cash. Payment is due immediately upon placing an Order, including for pre-ordered products. The Customer may pay by bank card, by bank cheque made out in Euros and payable to Alain Bivas SASU, or by interbank transfer to the following IBAN: FR76 1313 5000 8008 0037 1896 401
8.2 Any payment delay attributable to the Customer will result in: For Professional Customers: (1) immediate payment of all sums due; in addition to the application of (2) late payment penalties corresponding to three times the statutory interest rate and (3) a flat-rate indemnity for recovery costs of €40, without prejudice to any other compensation the Seller may claim. For Consumer Customers: (1) immediate payment of all sums due after the sending of a formal notice remaining unsuccessful for 8 days, in addition to (2) the application of late payment penalties corresponding to the statutory interest rate. In all cases, the Seller may suspend or terminate all current Orders from the Customer after sending a formal notice by registered letter with acknowledgement of receipt remaining unsuccessful for more than 8 days from its receipt.
Ownership of the Products remains with the Seller until the Customer has paid the full sale price. With regard to Professional Customers, the Seller retains ownership of the Products even in the event of collective proceedings opened against the Customer, in accordance with Articles L.624-9 et seq. of the Commercial Code.
10.1 In accordance with Articles L.121-21 et seq. of the French Consumer Code, the Consumer Customer has a right of withdrawal which they may exercise within a period of 14 (fourteen) clear days from receipt of the Products, in order to return them at their own expense to the Seller, without having to provide any justification or pay any penalties, with the exception of return costs. This withdrawal period begins on receipt of the Products.
10.2 A withdrawal form shall be sent to the Customer by e-mail upon request. In order to exercise his right, the Customer must send the duly completed withdrawal form to the Seller at the following address: Société Alain BIVAS, Lieudit Les Mordorées, 81120 Lamillarié or by e-mail: alain.bivas@orange.fr,
10.3 Products must be returned by the Customer within 14 days of their decision to withdraw, in their original condition as received, complete and accompanied by all accessory elements (utensils, accessories, packaging, instructions, plans, etc.), so that they can be re-sold as new. They must be accompanied by a copy of proof of purchase.
10.4 If the right of withdrawal is exercised within the aforementioned period, the Seller shall refund the Price of the Products purchased and, where applicable, the shipping costs, with the exception of the return costs, which shall remain the responsibility of the Customer.
11.1 The Seller guarantees the Customer against (1) hidden defects affecting the Products sold under the conditions provided for in Articles 1641 et seq. of the Civil Code and (2) non-conformity defects affecting the Products sold, under the conditions set out in Articles L. 211-4 et seq. of the Consumer Code for Consumer Customers only. Under this legal framework, defective Products or Products not corresponding to the Order may be returned, refunded in whole or in part, or exchanged under the conditions set out below.
11.2 In accordance with Article L. 133-3 of the Consumer Code and the order of 18 December 2014, it is reminded that: The Consumer Client, under the legal guarantee of conformity they benefit from, in accordance with Articles L. 211-4 et seq. of the Consumer Code: (1) has a period of two years from the delivery of the goods to act, (2) may choose between the repair or replacement of the Goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; (3) is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods, a period extended to twenty-four months for any order issued from 18 March 2016. The Consumer Client, under the guarantee against hidden defects of the sold item they benefit from, in accordance with Articles 1641 et seq. of the Civil Code, may choose between the cancellation of the sale concluded or the reduction of the sale price in accordance with Article 1644 of the Civil Code.
11.3 As part of the implementation of its guarantee, it is the Customer's responsibility to (1) contact the Seller, by post addressed to Société Alain BIVAS, les Mordorées, 81120 Lamillarié, or by email to the following address: alain.bivas@orange.fr, within 30 days of delivery, unless mandatory provisions state otherwise, and (2) return the Products subject to the guarantee to the Seller in the same condition and under the same terms as stipulated in Article 10.3 hereof, accompanied by their sales invoice, which serves as the guarantee certificate.
The Seller will issue a refund by cheque once the Product has been returned in good condition and in its original packaging. The Seller will also reimburse the Customer for postage costs based on the rate charged, as well as return costs upon presentation of receipts.
11.5 The Seller's warranty does not apply to cases of visible defects, nor to defects, deterioration or destruction resulting from the normal wear and tear of the Product, force majeure, or when the alleged defect results from the use or misuse of the Product, carelessness, negligence of the Customer, or modification of the Product's characteristics.
12.1 Compliance: The Products sold comply with current French legislation. The Seller cannot be held liable in the event of non-compliance of the Products with the legislation of the country of delivery, the verification of which is the sole responsibility of the Customer.
12.2 Receipt and apparent defects: The Seller is not responsible nor liable for apparent defects (missing items, damage, or other) that are noted by the Customer upon receipt. It is therefore the Customer's responsibility to check the Products upon receipt. In the event of apparent damage being noted, it is the Customer's responsibility to (1) notify the carrier of precise written reservations by registered letter with acknowledgment of receipt within three (3) days following receipt of the Products, excluding public holidays, with a copy sent to the Seller, and at the same time (2) to send a claim to the Seller containing a precise description of the apparent defects noted, by registered letter with acknowledgment of receipt within seven (7) calendar days from receipt. Failure by the Customer to comply with these conditions will result in the Products being deemed accepted without reservation by the Customer. This provision does not, however, prevent the Consumer Customer from exercising their statutory warranties recalled in Article 11 of these T&Cs.
12.3 Transfer of Risks: The transfer of risks to the Customer occurs: (1) concerning Professional Customers, upon handing over of the Products to the carrier by the Seller; (2) concerning Consumer Customers, from the delivery of the Products. In accordance with Articles L 138-4 and L.138-5 of the French Consumer Code, it is reiterated that the risks of loss or damage to the Products are transferred to the Consumer Customer from the time they are physically taken into possession by the latter.
12.4 Usage: The Seller shall not be held liable for damages resulting from the Customer's misuse of the Product.
12.5 Professional Clients: Finally, the Seller may not be held liable for any direct or indirect intangible damage suffered by a Professional Client.
These General Terms and Conditions do not transfer or assign any of the Seller's intellectual property rights. All rights belonging to the company Alain BIVAS, such as intellectual and industrial property rights, copyright, and other intangible elements (such as trademarks, patents, domain names, products, images, videos, texts, etc.); all elements, content, and information present on the Seller's Website, remain its exclusive property. Any reproduction, in whole or in part, modification, exploitation, use, or distribution of any of these elements, as well as the creation of any simple link or hypertext referral to the Seller's Website, must clearly mention the SUNplicity brand. The Customer, when publicly presenting the Product, is prohibited from removing, altering, or modifying the Seller's distinctive marks affixed to the Products. When publicly referring to the Products, particularly for commercial or promotional purposes, the Customer agrees to reproduce and mention the Seller's contact details, logo, and website address on their communication media.
14.1 In accordance with the Data Protection Act, the Client has the right to access, modify, object to, rectify, and delete personal data concerning them, as collected by the Seller during the Order. To this end, they simply need to submit a request by ordinary mail addressed to the Seller, at the following address: Société Alain BIVAS, Lieudit Les Mordorées, 81120 Lamillarié or by email: contact@sunplicity.fr.
14.2 By agreeing to these T&Cs, the Customer consents to the collection and use by the Seller of their personal data necessary for the performance of these. They also agree to receive information and promotional offers regarding the Seller's products and services at the email address provided. The Customer may object to the transmission of information concerning them and/or no longer receive announcements and special offers from the Seller, by email or by simple post addressed to the Seller at the addresses indicated in Article 14.1 of the T&Cs, or by clicking on the unsubscribe link included in each promotional email.
In the event of an accidental or force majeure occurrence, the performance of the Seller's obligations hereunder shall be suspended, without its liability being sought in this regard. The Seller shall notify the Customer of the occurrence of such an event as soon as possible.
16.1 All claims, requests for exchange, reimbursement or warranty must be sent to the Seller by registered post with acknowledgment of receipt to Société Alain BIVAS, les Mordorées 81120 Lamillarié or by email to the following address: contact@sunplicity.fr.
16.2 No returns of Products may be made unilaterally by the Customer without the prior written agreement of the Seller. This article applies without prejudice to the right of withdrawal enjoyed by the Consumer Customer in accordance with Article 10 of these T&Cs.
In the event of any dispute or claim relating to these General Terms and Conditions and/or sales contracts concluded, this dispute will be subject to: (1) for any sale concluded with a Consumer Client, to the competent courts in accordance with common law and the provisions of the Consumer Code; (2) for any sale concluded with a Professional Client, to the ALBI Commercial Court, to the exclusion of any other court, even in the event of an incidental claim, multiple defendants, or a third-party claim.
These T&Cs, as well as any sales made on the Site in accordance with these T&Cs, shall be governed by French law. In the event of a dispute, the French courts shall have sole jurisdiction.
The use of containers and lids sold by SUNplicity is exclusively reserved for solar cooking within the SUNplicity parabola. Any other use is not guaranteed by the Seller.
