Article 1- Purpose – Scope of the GTC
1.1 These General Terms and Conditions of Sale (GTC) govern the contracts for the sale of products concluded between Alain BIVAS (hereinafter the “Seller”) and any customer, whether professional or consumer (hereinafter the “Customer”) on the Seller’s website at the address: https://www.sunplicity.fr (hereinafter the “Site”). The GTCs exclusively govern distance selling within the meaning of the Consumer Code, excluding transactions concluded on or off the Seller’s premises. They define the rights and obligations of the parties, and are an integral part of the concluded Sales Contract.
1.2 Prior to the order, the Customer declares that he has read these GTC and accepts them without restriction or reservation. This acceptance is deemed to be clearly and unequivocally obtained by the computer validation of these General Terms and Conditions on the Seller’s Website; as required before placing any order. The fact that any Customer places an order for goods on the Site implies in any event his full, complete and unreserved acceptance of these GTCs, which prevail over any other special conditions issued by the Professional Customer.
1.3 The Seller reserves the right to modify these GTC at any time by publishing a new version on its Website, which may be consulted at the following address: https://www.sunplicity.fr In the event of any modification, the applicable GTCs are those in force at the time of placing the order.
1.4 The fact that the Seller does not invoke any provision of these GTC shall not be construed as a waiver on the part of the Seller to subsequently invoke such provision.
1.5 If any provision of these GTC or the contract of sale is cancelled, the relevant provision shall be deemed unwritten and the cancellation shall not entail the cancellation of any other provision that remains in force, unless otherwise required.
Article 2 – Pre-contractual information:
2.1 Prior to his order, the Customer expressly declares and acknowledges (1) that he is in a position to enter into a contract under French law and/or to validly represent the legal entity for which he undertakes to do so; (2) that he has received the necessary advice and information from the Seller in order to ensure that the offer meets his needs; (3) that he has read the pre-contractual information required by Article L111-1 of the Consumer Code, as more fully defined on the Seller’s Website accessible at the following address: https://wwwsunplicity.fr. In order to perfect the Customer’s information, he is reminded:
2.2 Seller Information: the Seller, the Customer’s sole co-contractor, is constituted by the Alain BIVAS Company, a simplified joint stock company with a capital of €5,000, registered in the Albi Trade and Companies Register under number 815 091 590. Head office address: Lieudit Les Mordorées, 81120 Lamillarié – France, intra-community VAT number: FR 36 815 091 590 The Seller is specialized in the design of solar cooking products, which it sells through its Website.
2.3 Seller Contact: For more information or for any complaint, the Customer may contact the Seller by email at the following address: email@example.com; or by telephone at 05 63 79 12 99, or via the contact form on the link https://sunplicity.fr/contact-2/.
2.4 Product Information: The goods whose sale is governed by these GTCs consist exclusively of a folding solar oven and its accessories, the essential characteristics of which are defined and accessible to the Customer on the Site (hereinafter “the Product”).
2.5 Price information and conditions: The conditions relating to the price of the Products, delivery and ancillary costs, payment, delivery and performance of the contract, are made available to the Customer on the https://www.sunplicity.fr Website and remain accessible before any Order is placed. The Client certifies that he/she has read it before concluding the contract.
Article 3 – Conclusion of the online contract:
The conclusion of the Sale between the parties necessarily implies, subject to the Consumer Customer’s right of withdrawal, (1) the Customer’s obligation to obtain information and to take note of the information presented on the Site relating to the essential characteristics of the Product offer; (2) the Customer’s selection of the Product and, where applicable, its options or accessories; (3) the computer input by the Customer of the essential data concerning him (identification, address, etc…), and relating to the terms of his order; (4) the acceptance of these GTC by the Customer; (5) the verification of the terms of the order by the Customer and their possible correction; (6) the payment of the Products in full. Except under special conditions, the property rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided), the Seller being bound only by the terms and within the limits of the Customer’s order formulated at the time of its computer entry. The Seller reserves the right (1) to refuse any order that is abnormal, excessive, in relation to its technical, commercial, financial, logistical capacities, or with conditions exceeding the terms hereof, or that is submitted to it in bad faith, for any purpose or for any illegitimate reason; and/or (2) not to record a payment, or not to confirm an order in the event of a supply problem, without its liability being engaged for any of these facts.
Article 4 – Orders:
The placing of orders by the Customer is carried out exclusively on the Seller’s Internet Site, and through the interface made available to it, to the exclusion of any other process. Any order from the Customer is firm, definitive and binding, as from its receipt 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 shall only be valid with the express prior consent of the Seller. The contractual information brought to the Customer’s attention when placing an order is presented in French and is summarized and confirmed at the time of validation of this Order. Any order confirmation implies the Client’s full and complete acceptance of these GTCs, and constitutes acceptance of the operations carried out. All data provided and entered by the Customer, as well as the recorded order confirmation, will be considered as proof of the transaction. As soon as the Order is validated, the Customer receives by e-mail to the e-mail address indicated (1) the confirmation of the payment made, (2) an e-mail confirming the order and summarising the terms, as well as (3) a copy in pdf format of these GTCs, as previously validated at the time of the placing.
Article 5 – Deliveries:
Deliveries are made to the address indicated by the Customer at the time of ordering, and under the conditions indicated on the validation page. The shipping time for the Products is 24 hours (working days), except in exceptional cases, after receipt of the full price of the order. The delivery time of the products is ensured by La Poste via Colissimo and varies according to the country of delivery. In the event of a delay in delivery exceeding 30 days beyond the specified period, the Consumer Customer may cancel it and terminate the contract by LRAR addressed to the Seller, under the conditions defined in Article L138-2 of the Consumer Code. The Seller shall then reimburse the Product and shipping costs, under the conditions of Article L 138-3 of the Consumer Code. With regard to sales concluded with non-consumer Customers, however, late deliveries may not give rise to any damages, price discounts, withholding, modification or cancellation of pending orders. In any case, the Seller shall not be held liable for late delivery due to the unavailability or absence of the Customer after several unsuccessful appointments. The Seller provides the Customer with a telephone contact point (cost of a local call from a fixed line) indicated in the order confirmation e-mail in order to ensure the follow-up of the Order.
Article 6 – Execution – Availability of goods:
The Seller undertakes to honour the Customer’s Order within the limits of the stocks of available Products and the stocks of its suppliers. In the event of unavailability of the Product for a period exceeding 90 working days, the Customer shall 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 GTC.
Article 7 – Price – delivery costs:
The price of the Products appearing on the order page are expressed in Euros all taxes included (VAT and other taxes applicable at the rate applicable on the day of the Order), but excluding any processing, shipping and delivery costs, which remain the responsibility of the Customer. For all orders shipped outside the European Union and/or DOM-TOM, the price is expressed excluding tax. It does not include any fees, duties, and royalties relating to the export that may be due, which remain the exclusive responsibility of the Client (such as customs duties, local taxes, import duties, state taxes). These costs and the related formalities are the sole responsibility of the Client (declarations, payment to the competent authorities, etc.). The Seller reserves the right to modify its prices and pricing conditions at any time, but the Product will be invoiced on the basis of the current rate as it appears on the Site at the time the Order is validated.
Article 8 – Payments:
8.1 All sales of the website are paid in cash. Payment is due immediately upon placing the Order, including for pre-order products. The Customer may pay by credit card, by bank cheque made out in Euros to the order of Alain Bivas SASU, or by interbank transfer using the following IBAN code: EN76 1313 5000 8008 8008 0037 1896 401
8.2 Any delay in payment attributable to the Customer results in: For Professional Customers: (1) the immediate payment of all sums due; in addition to the application of (2) late payment penalties corresponding to three times the legal interest rate and (3) a fixed compensation for recovery costs of €40, without prejudice to any other compensation that the Seller may claim. For Consumer Customers: (1) the immediate payment of all sums due after sending a formal notice that has not been served within 8 days, in addition to (2) the application of late payment penalties corresponding to the legal interest rate. In any case, the Seller may suspend or terminate all outstanding Customer Orders after a formal notice has been sent by LRAR that has been unsuccessful for more than 8 days from receipt.
Article 9 – Retention of title clause
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 French Commercial Code.
Article 10 – Right of withdrawal of the Consumer Client:
10.1 In accordance with Articles L. 121-21 et seq. of the Consumer Code, the Consumer Customer has a right of withdrawal which he may exercise within 14 (fourteen) clear days from receipt of the Products, in order to return them at his own expense to the Seller, without having to justify any reasons or pay any penalties, with the exception of return costs. This withdrawal period runs from the date of receipt of the Products.
10.2 A withdrawal form available to the Customer will be sent to him by e-mail upon request. In order to exercise its right, it is the Customer’s responsibility to send the Seller the withdrawal form, duly completed at the following address: Société Alain BIVAS, Lieudit Les Mordorées, 81120 Lamillarié or by e-mail: firstname.lastname@example.org
10.3 The Products must be returned by the Customer within 14 days of his decision to withdraw, in their original state as noted on receipt, complete and accompanied by all ancillary items (utensils, accessories, packaging, instructions, plans…), so that they can be re-marketed in new condition. They must be accompanied by a copy of the proof of purchase.
10.4 In the event of exercise of the right of withdrawal within the aforementioned period, the Seller shall refund the Price of the Products purchased and, where applicable, the shipping costs, with the exception of return costs, which shall be borne by the Customer.
Article 11 – Guarantees:
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-conformities affecting the Products sold, under the conditions provided for in Articles L. 211-4 et seq. of the Consumer Code for Consumer Customers only. Under this legal system, 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 decree of 18 December 2014, it is reminded: That the Consumer Customer, within the framework of the legal guarantee of conformity from which he benefits 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 repairing or replacing the Goods, subject to the cost conditions provided by Article L. 211-9 of the Consumer Code; (3) is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods, a period extended to twenty-four months for any order issued as from 18 March 2016. That the Consumer Customer, within the framework of the guarantee against hidden defects of the item sold from which he benefits 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 In the context of the implementation of its guarantee, it is the Customer’s responsibility (1) to contact the Seller, by post addressed to the Company Alain BIVAS les Mordorées 81120 Lamillarié or by e-mail to the following address email@example.com, within 30 days of delivery, unless otherwise required and (2) to return to the Seller the Products covered by the guarantee in the same condition and under the same conditions as stipulated in Article 10.3 hereof, accompanied by their sales invoice, which serves as a guarantee form.
11.4 The Seller’s refund will be made by cheque, once the Product is returned in good condition and in its original packaging. The Seller shall also reimburse the Customer for the shipping costs on the basis of the invoiced rate as well as the return costs upon presentation of supporting documents.
11.5 The Seller’s warranty does not apply to apparent defects, as well as defects, deteriorations or destruction resulting from natural wear and tear of the Product, force majeure, or when the alleged defect is due to the use or misuse of the Product, carelessness, negligence of the Customer, or the modification of the characteristics of the Product.
Article 12 – Liability:
12.1 Conformity: The Products sold comply with current French legislation. The Seller shall not 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 Reception and apparent defects: The Seller is not responsible or liable for any apparent defects (missing damage or other) that may be 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, it is the Customer’s responsibility (1) to notify the carrier of written and precise reservations by LRAR within 3 (three) days following receipt of the Products, not including public holidays, with a copy to the Seller, and at the same time (2) to address a complaint to the Seller containing a precise description of the apparent defects found by LRAR within 7 (seven) calendar days from the date of receipt. If the Customer fails to comply with these conditions, the Products shall be deemed to have been accepted without reservation by the Customer. However, this provision does not prevent the Consumer Client from implementing the legal guarantees mentioned in Article 11 of these GTC.
12.3 Transfer of risks: The transfer of risks to the Customer takes place: (1) with regard to Professional Customers, as soon as the Products are handed over to the carrier by the Seller; (2) with regard to Consumer Customers, as soon as the Products are delivered. In accordance with Articles L 138-4 and L.138-5 of the Consumer Code, it is recalled that the risks of loss or damage to the Products are transferred to the Consumer Customer as soon as they are taken in physical possession by the latter.
12.4 Use: The Seller shall not be held liable for any damage resulting from misuse of the Product by the Customer.
12.5 Professional Customers: Finally, the Seller may not be held liable for any direct or indirect immaterial damage suffered by a Professional Customer.
Article 13 – Intellectual Property Rights:
These GTC do not assign or transfer any intellectual property rights belonging to the Seller. All related rights of Alain BIVAS, such as intellectual property rights, industrial property rights, copyrights, other intangible elements (such as trademarks, patents, domain names, products, images, videos, texts, etc.); any element, content, and information present on the Seller’s Website, remain its exclusive property. Any reproduction, total or partial, modification, exploitation, use, distribution, of any of these elements, as well as the creation of any simple link or hyperlink to the Seller’s Website, must clearly mention the SUNplicity trademark. The Customer publicly presenting the Product shall refrain from removing, altering or modifying the Seller’s distinctive signs affixed to the Products. When using the Products publicly, in particular for commercial or promotional purposes, the Customer undertakes to reproduce and mention on its communication media the Seller’s contact details, its logo and the address of its website.
Article 14 – Protection of personal data:
14.1 In accordance with the Data Protection Act, the Customer has the right to access, modify, oppose, rectify and delete personal data concerning him/her, as collected by the Seller at the time of the Order. To this end, it is sufficient for him to formulate the request by simple letter addressed to the Seller, at the following address: Société Alain BIVAS, Lieudit Les Mordorées, 81120 Lamillarié or by e-mail: firstname.lastname@example.org
14.2 By adhering to these GTC, the Customer consents to the Seller’s collection and use of his personal data necessary for the performance of these GTC. He also agrees to receive information and promotional offers concerning the Seller’s products and services at the indicated e-mail address. The Customer may object to the transmission of information concerning him and/or no longer receive announcements and special offers from the Seller, by e-mail or by simple mail addressed to the Seller at the addresses indicated in article 14.1 of the GTC, or by clicking on the unsubscription link appearing on each promotional e-mail.
Article 15 – Force majeure:
In the event of the occurrence of a fortuitous event or force majeure, the performance of the Seller’s obligations hereunder shall be suspended, without its liability being sought in this respect. The Seller shall notify the Customer of the occurrence of such an event as soon as possible.
Article 16 – Complaints – Returns:
16.1 All claims, requests for exchange, refund or guarantee must be sent to the Seller by post addressed in LRAR to the Company Alain BIVAS, les Mordorées 81120 Lamillarié or by e-mail to the following address email@example.com.
16.2 No return of Products may be made unilaterally by the Customer without the prior written consent of the Seller. This article is without prejudice to the right of withdrawal of the Consumer Customer pursuant to article 10 of these GTC.
Article 17 – Disputes:
In the event of a dispute of any nature or dispute relating to these GTC and/or the sales contracts concluded, this dispute shall be submitted (1) for any sale concluded with a Consumer Customer, to the competent courts pursuant to ordinary law and in accordance with the provisions of the Consumer Code; (2) for any sale concluded with a Professional Customer, to the Commercial Court of ALBI to the exclusion of any other court, even in the event of an incidental claim, multiple defendants or a call under warranty.
Article 18 – Applicable law:
These GTC, as well as the sales concluded on the Site in accordance with these GTC are governed by French law. In the event of a dispute, the French courts have sole jurisdiction.
Article 19 – Precautionary measures for the use of containers:
The use of the containers and lids sold by SUNplicity is reserved exclusively for solar cooking in the SUNplicity dish. Any other use is not guaranteed by the Seller.