TERMS AND CONDITIONS OF SALE
The present conditions aim to define the terms of sale between PROGAREIN FRANCE and persons wishing to make a purchase via the website, hereinafter referred to as “user”. They therefore exclusively concern non-trading individuals and regulate all the steps necessary for placing an order and ensure the follow-up of this order between the contracting parties.
ARTICLE 1: SCOPE OF APPLICATION AND MODIFICATION OF THE GENERAL TERMS OF SALE
The general terms and conditions of sale are accessible to all by a simple click and are inherent to all orders. Each order placed implies the approval of these conditions without restriction or reserve. They can only be waived by mutual agreement between the two parties. These conditions therefore exclude any printed or handwritten clause to the contrary appearing in the order or in any other document originating from the customer and explicitly accepted by our company.
PROGAREIN FRANCE reserves the right to modify or adapt these general terms of sale at any time.
In the event of modification, the general terms and conditions of sale in force on the day of the order shall apply.
Furthermore, if a condition is missing, it shall be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
ARTICLE 2: GENERAL INFORMATION
The products sold on the site are described and presented in accordance with our explanatory data sheets. The photographs published on the site are not contractual.
PROGAREIN FRANCE has only a best effort obligation for all stages of access to the site, the ordering process, delivery or subsequent services. PROGAREIN FRANCE shall not be held liable for any inconvenience or damage inherent in the use of the Internet (service interruption, external intrusion or presence of a computer virus) in accordance with case law.
ARTICLE 3: RETENTION OF TITLE
The products remain the property of PROGAREIN FRANCE until full and effective payment of the order by PROGAREIN FRANCE. However, from the moment of physical possession of the goods by the customer (from the moment the customer or a third party designated by the customer and other than the carrier proposed by the professional, takes physical possession of the goods) the risks of the delivered goods are transferred to him. Any unpaid invoice shall immediately and automatically justify a request for the return of unpaid goods and their effective recovery. PROGAREIN FRANCE shall retain any deposits already paid as damages.
3.2: THE CATALOGUE
All visual or sound elements of the PROGAREIN FRANCE website are reserved under copyright and intellectual property law.
Any total or partial reproduction of the PROGAREIN FRANCE Internet catalogue is strictly forbidden, except with the prior written consent of PROGAREIN FRANCE.
Any user wishing to place a link on a personal site referring to the PROGAREIN FRANCE site must request prior authorisation.
Almost all PROGAREIN FRANCE products are registered trademarks. Any fraudulent use will be punished.
ARTICLE 4: PRODUCT AVAILABILITY
Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks. For products not stocked in our shop, our offers are valid subject to availability from our suppliers.
On receipt of your order, we check the availability of the product(s) ordered. In case of unavailability, we commit ourselves to inform you as soon as possible. We may then offer you a similar product at a similar price or a refund in the form of a credit note. PROGAREIN FRANCE reserves the right to split deliveries if a product is unavailable for a shorter or longer period. The contribution to the processing and shipping costs will only be invoiced for a single shipment.
ARTICLE 5: DELIVERY TIMES
Shipping times vary according to the product but cannot exceed 30 days after the customer’s order. In the case of payment by cheque, the order will only be processed on receipt of the cheque.
All fortuitous events, force majeure or events that hinder our operations (strikes, wars, transport interruptions, shortage of raw materials, floods, etc.) automatically suspend our obligations and release us from liability for any delays in delivery.
Exceeding the delivery time can lead to a cancellation of the order if the order is not shipped from our warehouse. To do this, simply contact us by telephone or e-mail. In the event that the order is being shipped by one of our carriers, cancellation of the order is impossible.
ARTICLE 6: PRICES
The sale prices are expressed in euros including all taxes and do not include transport costs.
Any change in the French VAT rate may be reflected in the prices of the products. They are therefore subject to change without notice and at any time. Prices are also revised each year according to variations in the price of raw materials.
In the event of a change, PROGAREIN FRANCE undertakes to apply the current prices indicated at the time of your order.
ARTICLE 7: PAYMENT TERMS
Orders processed via the Internet are payable by credit card, cheque or bank transfer. The cards accepted are CB, Visa and MasterCard.
Please note: only cheques issued by a bank domiciled in metropolitan France and denominated in euros will be accepted. A detailed invoice will be sent to you with your package.
ARTICLE 8: NON-PAYMENT
PROGAREIN FRANCE reserves the right to refuse to make a delivery or to honour an order from a user who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
ARTICLE 9: THE ORDER
9.1: PLACING AN ORDER
The user has the possibility to place an order online.
Any order implies acceptance of these conditions, prices and descriptions of the products available for sale. It must be complete and clearly defined in all its parts: specifications, shipping instructions, etc …
9.2 : VALIDATION OF THE ORDER
The date of validation of the order corresponds to the date of receipt of payment.
ARTICLE 10: TRANSPORT
The product ordered is delivered by the postal service or by an independent carrier, depending on the nature of the product ordered and at the exclusive initiative of PROGAREIN FRANCE, to the address shown on the order form.
PROGAREIN FRANCE shall not be held responsible for the consequences of late delivery by our independent collaborators (carrier, post office, etc.).
In the event of loss of a parcel during transport, the time required for investigation may vary depending on the carrier and may take from 3 to 60 days.
ARTICLE 11: DELIVERY
The user has can choose to have the order delivered either to his home address or to another address than the billing address. For reasons of parcel tracking, it is impossible for us to deliver orders to military bases or other premises.
ARTICLE 12: COMPLAINTS
Any anomaly concerning the delivery (damaged or open parcel, broken products, etc.) must be notified in the form of a “handwritten reservation” on the delivery note accompanied by the customer’s signature. The customer must then immediately report this incident to PROGAREIN FRANCE’s customer service (firstname.lastname@example.org or via the contact form).
In the event of poor reception of the parcel (damaged, opened, etc.), apparent quality defects or a quantity error on the products, your complaint must be made in writing.
In the event of non-delivery of an order or part of an order, you have a maximum of six months (from the date of departure from our warehouse) to make a complaint. After this period, we will not accept any complaints.
ARTICLE 13: GUARANTEE
The warranty covers the return and, in the event of an exchange, the free re-delivery of any product presenting a defect recognised by PROGAREIN FRANCE.
All products are covered by a 24-month warranty. In order to benefit from this guarantee, it is essential to keep the purchase invoice for the product. Please note that this guarantee applies in the context of respecting the rules of normal use and appropriate conservation of the products purchased.
ARTICLE 14: RIGHT OF WITHDRAWAL
In accordance with article L.221.18 et seq. of the French Consumer Code, you have a period of 14 days from the date of receipt of your order to notify customer service of your wish to return the product. To exercise the right of withdrawal, you must notify Progarein France, 472 chemin de la zone artisanale, 40420 LABRIT (France), email@example.com of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You can also use the model withdrawal form available on our website, but this is not obligatory.
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than 14 days from the day we are informed of your decision to withdraw from this contract.
We will make the refund using the same method of payment that you used for the original transaction, unless you expressly agree to a different method, in which case there will be no cost to you.
You must return the goods to us without undue delay and in any event no later than 14 days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if you return the goods before the 14-day period has expired.
Return of the goods: PROGAREIN, 472 chemin de la zone artisanale, 40420 LABRIT (France)
You must pay the direct cost of returning the goods.
You are only responsible for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
No exchange or return of products is accepted without prior agreement.
Attention: This right of return can only be accepted for complete products, in their original condition (packaging, accessories, instructions, etc.) with a copy of the purchase invoice. The risks and costs of return are always at the buyer’s expense.
In the case of a request for reimbursement of an item that was given free of charge or at a lower cost during a special offer proposed to the user, it will be reimbursed in part of its commercial value and not in its entirety.
ARTICLE 15: RECOURSE
Any legal action for any reason whatsoever must be taken within 6 months of the occurrence of the loss for claims to be considered.
ARTICLE 16: JURISDICTION
Any dispute may be referred, at the customer’s discretion, to :
- the territorially competent jurisdiction under the Code of Civil Procedure
- or the jurisdiction of the place where the customer lived at the time of the conclusion of the contract or the occurrence of the harmful event.
Disputes arising from the application of these general conditions of sale are subject to French law.
In the event of a dispute, the customer has the right to have recourse, free of charge, to a consumer mediator with a view to amicably resolving the dispute with PROGAREIN FRANCE. To do so, the customer may contact Maître Nicole Noury-Labede (Cabinet Noury-Labede Labeyrie, 14 rue Armand Dulamon, Mont de Marsan, 40000, France, 05 58 75 97 97, firstname.lastname@example.org, ) or visit the FEVAD e-commerce mediation platform.
ARTICLE 17: COMPLETENESS
In the event that one of the clauses of the present contract should be null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with the present general conditions of sale.
ARTICLE 18: PROOF
The computerised registers, kept in the computer systems of PROGAREIN FRANCE and its partners under reasonable security conditions, shall be considered as proof of communications and orders.
ARTICLE 18: DATA PROCESSING AND FREEDOM
The personal information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential and is not transmitted to third parties.
In accordance with article 34 of the law of 6 January 1978, the Customer has the right to access, modify, rectify and delete data concerning him/her. You may also ask to be registered on the telephone anti-solicitation list.
To do so, the customer can contact Progarein:
- by internet: contact form
- by email: email@example.com
- by telephone: +335 58 03 39 01
- by post: PROGAREIN FRANCE, 472 chemin de la zone artisanale, 40420 LABRIT (France)
Updated on 2021.08.04