General terms and conditions of e-commerce
Article 1 – Scope of application
The present General Terms and Conditions of Sale (hereinafter the “GTC”) are proposed by the Company CEPOVETT SAFETY, a simplified joint stock company (SAS) with a capital of 9 000 000,00 €, registered in the Trade and Companies Register of Villefranche-Tarare, under the number 775 644 867, whose head office is located at 150 anc. route de Beaujeu – B.P. 90421 – 69653 Villefranche-sur-Saône Cedex.
Hereafter, we will refer to :
– “Site” means the https://www.cepovett-safety.com website and all of its pages.
– Products”: all material products, created and manufactured in-house, that can be purchased on the Site.
– Seller” : CEPOVETT SAFETY, physical or moral person, offering its Products on the Site.
– Customer”: the Internet user, individual or professional, purchasing a Product(s) on the Site.
– Consumer”, as defined in the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity”. The purchase of product(s) by a professional for resale is prohibited.
The Internet user visiting the Site and interested in the Products and Services offered by the Vendor is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTC and accepts them in full and without reservation.
Article 2 – Application of the T&Cs and purpose of the Site
The Seller reserves the right to modify at any time the T&Cs by publishing a new version of them on the Site. The GTC applicable to the Customer are those in force on the day of his order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use and the legal notices of this Site.
This Site offers the online sale of products.
The Site is freely accessible to all Customers. The acquisition of a Product or a Service implies the acceptance, by the Customer, of the entirety of the present GTC, who acknowledges by the same token having fully understood them. This acceptance could consist, for example, for the Customer, in checking the box corresponding to the sentence of acceptance of the present GTC, having for example the mention “I read and I accept the whole of the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature by the Customer.
Acceptance of these GTCs assumes that the Customer has the legal capacity to do so. If the Customer is a minor or does not have such legal capacity, he/she declares that he/she has the authorization of a guardian, curator or his/her legal representative.
The Customer acknowledges the value of the Vendor’s automatic recording systems as proof and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute.
Article 3 – Consumer information
In accordance with Articles L 111-1 and L 113-3 of the French Consumer Code, the essential characteristics and prices of our products sold electronically are available on the Site.
In addition, the customer receives the information provided for in Articles L 121-18 and L 121-19 of the Consumer Code, before and after the conclusion of the sale and in particular by these GTC which he declares to have read before the validation of his order and to which he has access from the Site.
The photos of the items for sale on the Site have no contractual value and may vary slightly from the items themselves. The photos of the Site are the exclusive property of CEPOVETT SAFETY, they cannot be used without its previous written authorization.
Article 4 – Prices and conditions of validity
The prices of the products sold on the Site are indicated by article and reference and include all
taxes included (TTC) excluding shipping costs.
At the time of the validation of the order, the price to be paid by the Customer is the all-inclusive price, that is to say the sum of the price including all taxes of the articles which make up the order increased by the delivery charges. The telecommunication costs inherent to the access to the site remain the responsibility of the Customer.
The conditions of validity of our offers of products and prices are determined by the update of the site at the time of the release of our collections or our promotions and remain applicable as long as they remain accessible of our fact.
The products on sale on the Site are available within the limits of available stocks. If one or more ordered articles are no longer available, the customer will be informed by e-mail as soon as possible. The Customer will then have the choice of keeping the rest of his order or cancelling it in full. If the Customer has been charged, the refund of the amount concerned will be made via the payment method used within 30 days.
Article 5 – Method of subscription of orders and description of the purchase process
Any order will be taken into consideration only after acceptance of the payment.
CEPOVETT SAFETY commits itself to honor the received orders within the limit of the available stocks and in case of unavailability to inform the customer by any means at his convenience; the customer will be able to cancel his order and to be reimbursed, if necessary, the already paid sums.
CEPOVETT SAFETY reserves the right to cancel or to refuse any order of a Customer with whom there would exist a dispute concerning the payment of a previous order.
Steps to close the sale
1- Connect to the address www.cepovett-safety.com
2- Select the desired item(s)
3- Open a customer account or connect to your customer account by filling in the requested fields
4- Check the elements of your order, identify and correct any errors made during the input.
5- Validate the order, the total price and the all-inclusive price, by clicking on the validation button of your order to pay
6- Follow the payment instructions on our partner Stripe’s payment server to pay for your order by credit card or Stripe.
Your bank account will be debited with the all-inclusive price including the total price of the items shipped and the shipping costs.
7- A confirmation of receipt of your order is sent to you by email by the sender CEPOVETT SAFETY
8- A confirmation of expedition of your order is sent to you by email by the shipper CEPOVETT SAFETY
9- Your order is delivered to you according to the conditions of article 8 to the delivery address that you indicated at the time of your order.
At the time of the establishment of the form of opening of account, of the communication of its personal data, its number of bank card and the confidential data which relate to it and the validation of order the Customer obliges himself to the respect of the present contractual conditions in application of the article 1316-1 of the civil code.
CEPOVETT SAFETY will be able to refuse to honor any order which would present an abnormal or abusive character.
Article 6 – Terms of payment
Payment for the Customer’s purchases is made by credit card via Stripe (or Paypal for the UK).
In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay, given by means of a payment card is irrevocable. By communicating his credit card number and the above-mentioned information, the Customer authorizes CEPOVETT SAFETY – Stripe to debit his credit card for the total amount of his order (delivery charges included).
To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name appearing on the bank card to be debited is indeed his/her own, then communicates in a secure environment the sixteen-digit number and expiry date appearing on the front of his/her bank card, as well as, where applicable, the visual cryptogram numbers appearing on the back of his/her bank card.
Only Stripe and Paypal have access to the Customer’s bank details via their secure area. This information is not transmitted in any way on the Site.
It is reminded that the customer has a period of 70 days, which can be up to 120 days depending on the bank, to stop the use of his or her bank card in the event of loss, theft or fraudulent use, pursuant to Article L 132-6 of the Monetary and Financial Code.
In the event that, for any reason whatsoever, the debit of sums due by the customer proves to be impossible, the sale made will be immediately cancelled by operation of law and the electronic purchase process cancelled.
Article 7 – Shipping and delivery
Delivery is made to the delivery address indicated by the Customer.
The Customer is responsible at all times for the information he/she provides on the site (name, first name, postal and e-mail address in particular). The Seller cannot be held responsible for a defect or a delay in the delivery of the product due to an error of the customer during the information of this information.
The times indicated are indicative times, corresponding to the average processing and delivery times.
The Seller shall not be held responsible for the consequences due to a delay in delivery that is not of its making, or due to force majeure.
The customer can ask for the ordered articles to be delivered to his home, office, to a third person, to his vacation place, etc. He also has the option of having the items delivered to one of the natural persons of his choice.
In case of absence during a delivery at the address indicated by the customer, a notice of passage is normally deposited by the carrier: the customer can then withdraw his parcel near the post office or a point of withdrawal provided with an identity paper in the 15 days following the date of the deposit of this notice. After this period, the package will be returned to the Seller. The Seller’s Customer Service will then contact the Customer for a possible reshipment or, if the Customer does not respond, for a refund of the order.
When a parcel leaves the storage space of the Seller to be sent to the address indicated by the Customer at the time of his order, the latter is informed by email from the Site of a shipping confirmation on which is indicated the tracking number of his parcel.
In any case, the delivery of our products within the deadlines can intervene only if our purchasers are up to date with their obligations towards us.
It is the Customer’s responsibility to check shipments upon arrival and to make any reservations and claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears obvious traces of deterioration. Said reservations and claims must be addressed to the carrier by registered letter with acknowledgment of receipt within 3 working days, not including holidays, following delivery of the products, a copy of which will be immediately sent to the Seller. Failure to file a claim within the said time limits shall extinguish any action against the carrier in accordance with the provisions of Article L 133-3 of the Commercial Code.
The Customer must ensure that the items delivered to him correspond to his order. In the event that the delivered items do not conform in kind or quality to the specifications indicated in the delivery order, the Customer must inform the Seller’s Customer Service by e-mail and return the items to the address and under the conditions provided in Article 8.
Article 8 – Return Policy
In accordance with Articles L 121-20 and following of the Consumer Code, the customer has a cooling-off period of fourteen (14) working days from delivery to reconsider his decision and return the item ordered without having to justify his reasons or pay penalties except for the cost of return which will remain at his expense.
Before any return of product and to improve the treatment and the speed of this one, we strongly advise you to make us the request by email to firstname.lastname@example.org
In all cases, items must be returned in their original packaging, complete, labeled, new, unworn, unwashed and accompanied by the order number, to the following address
Online store service
150 Ancienne Route de Beaujeu
The Customer undertakes to return the goods to the Seller no later than fourteen (14) days after his request for withdrawal, by the carrier Colissimo Suivi.
Returned items that do not meet the conditions listed above (returned in their original packaging, complete, labeled, new, unworn, unwashed above) or that are damaged, deteriorated or soiled by the Customer will not be refunded.
Once the goods have been received, checked and accepted by our services, the refund of the returned items at the invoiced price will be made by crediting the customer’s bank account corresponding to the bank card used for payment as soon as possible and at the latest within fourteen (14) days following receipt of the returned items by the Seller.
For any other information, complaint or question relating to the conditions of mail order sales published by the Seller or to the articles themselves, customers should contact the Seller’s Customer Service at the following address: email@example.com, indicating the number and date of the order.
Article 9 – Warranty and liability
The responsibility of the company CEPOVETT SAFTEY could not be committed:
– in the event of failure to meet contractual obligations due to an act of God or force majeure;
– in case of non-substantial differences between the photos, texts and illustrations of the articles on our site and the ordered articles.
All Products benefit from the legal regime of the guarantee of conformity provided for in Articles L. 211-4 et seq. of the French Consumer Code, as well as the guarantee of hidden defects provided for in Articles 1641 et seq. of the French Civil Code, insofar as the use of the Products has been normal and that the maintenance advice has been followed.
Article L211-4 of the Consumer Code
The Seller is obliged to deliver a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery. He is also liable for any lack of conformity resulting from the packaging.
Article L211-5 of the Consumer Code
To conform to the contract, the property must:
1. Be fit for the purpose ordinarily expected of similar property and, where applicable:
– correspond to the description given by the Seller and possess the qualities that the Seller has presented to the Customer in the form of a sample or model;
– have the qualities that a Customer may legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labelling;
2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the Civil Code
The Seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which diminish this use so much that the Customer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet, such as service interruption or the presence of computer viruses.
Article 10 – Data processing and liberties
The information collected by the Company CEPOVETT SAFETY at the time of an order of the Customer are necessary to the management of the transaction and for this purpose could be communicated in all or partly to the providers of the Company CEPOVETT SAFETY intervening within the framework of the execution of the order. The Customer is informed that the same personal data may also be collected by an organization in charge of analyzing orders and fighting against credit card fraud. In accordance with the Data Protection Act n°78-17 of January 6, 1978, the Customer has the right to access, rectify, oppose and delete data concerning him.
The Customer can make delete the information concerning him which would not be relevant any more, by making the request in writing to the company CEPOVETT SAFETY.
According to the choices emitted during the creation or consultation of their accounts on Internet, the Customers will be susceptible to choose if they wish to receive offers of the CEPOVETT SAFETY brand.
If a Customer no longer wishes to receive these offers, he/she may at any time make a request by clicking on the unsubscribe link at the bottom of the newsletter.
Any order automatically implies that the Customer agrees to the GTC. These GTC are governed by French law. In the event of a dispute, only the French courts will have jurisdiction. In case of difficulty or claim during an order, the Customer can contact the Customer Service to find an amicable solution.
Intellectual property rights
The CEPOVETT SAFETY brand, the illustrations, the logos and slogans, the drawings and models appearing on the site are and will remain the exclusive property of the company CEPOVETT SAFETY. Any total or partial reproduction, without express and preliminary agreement of the company CEPOVETT SAFETY, is strictly forbidden in application of the articles L 335-2 and L 335-3 of the code of the intellectual property and constitutes a counterfeit and an offence.