General Conditions of Sale of online products between professionals in France.
These general conditions of sale apply to all sales made on the REEF STORE BULK website.
The REEF STORE BULK website is a service of:
REEF STORE BULK SRL
Located in Municipiul Brasov Street Nicolae Titulescu, No. 2, Corp E 3 RO- Brasov Romania
Site address: www.reefstorebulk.com
E-mail address: email@example.com
The REEF STORE BULK website markets the following products: material and live for the aquarium hobby.
The customer declares that he has read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all the services rendered by the seller to professional buyers.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies have headquarters in Romania.
These general conditions of sale are communicated to any buyer who so requests, in order to allow him to place an order.
These general conditions of sale are applicable until December 31, 2020.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods and products offered by the seller to the buyer.
These conditions only concern purchases made on this website and delivered exclusively in mainland France and Corsica. For any delivery outside of Romania, it should be reported to obtain a specific quote.
Article 3 - The order
The buyer places his order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer must accept, by clicking at the place indicated on the site, these general conditions. Its acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.
The buyer will have to choose the address and the delivery method. Payment is made by bank transfer.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In some cases, including default of payment, wrong address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
If an ordered product is unavailable, the buyer will be informed by email.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer can:
- call the following number: 0664849320 (cost of a local call), on the following days and times: daily from 2 p.m. to 7:30 p.m.
- send an e-mail to the following address: firstname.lastname@example.org.
Article 4 - Electronic signature
The online supply of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement. This will allow the seller to obtain the exigibility of the sums due under the order form and it will be worth signature and express acceptance of all the operations carried out.
In the event of fraudulent use of the bank details, the buyer is invited, as soon as this use is observed, to contact the seller by calling him on the following number: 0664849320, or by sending him an e-mail at the following address : email@example.com.
Article 5 - Confirmation of the order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing this, to the address indicated by the buyer on the order form.
Article 6 - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The filing of purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.
Article 7 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller's responsibility could not be engaged.
The photographs of the products are not contractual.
Article 8 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on this date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products.
Any order may give rise to the payment of a deposit, the terms of which will be fixed at the time of the sale. Except in cases of force majeure, any cancellation of the order by the buyer as from cannot give rise to the reimbursement of this anticipated deposit.
The buyer will be able to benefit from special discounts and rebates if necessary, according to the specific conditions specified when ordering.
Article 9 - Method of payment
This is an order with payment obligation, which means that placing the order implies payment by the buyer. The payment of the order is made only by transfer to our bank account. The seller notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered .
The price is payable in full and in a single payment upon receipt of the order form. The payment date will be mentioned on the invoice sent to the buyer.
Any delay in payment will result in the immediate payment of all sums due to the seller by the buyer, without prejudice to any other action that the seller is entitled to take, as such, against the buyer .
Article 10 - Availability of products
Except in cases of force majeure or during the closing periods clearly announced on the home page of the site, the delivery times will be, within the limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For all deliveries in France (mainland and Corsica), the delivery time is by Colissimo within 2 working days after receipt of payment from the day following that on which the buyer placed his order.
For any delivery in the DOM-TOM or outside Romania, it should be reported to obtain a specific quote.
In the event of delay, the seller cannot be held liable for any reason whatsoever. Consequently, no claim of any kind whatsoever can be claimed by the buyer.
In case of unavailability of the ordered product, the buyer will be informed at the earliest and will be able to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 - Delivery terms
Delivery is only made after confirmation of payment on our account.
It is provided within the period specified in article 10, from the receipt by the seller of the order form.
Any delay greater than 1 month may result in the resolution of the sale. The deposits paid or the payment made at the time of the order will then be returned to the buyer. The payment made at the order will then be returned to the buyer.
In the event of non-compliance with the payment conditions listed above, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be redirected at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the parcel to be collected at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products ...).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days of receipt of the item (s) and send a copy of this mail by fax or simple mail to the seller at the address indicated. in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days of delivery. Any complaint made after this time cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).
Article 12 - Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest the first working day following delivery, any claim of error in delivery and / or non-conformity of the products in kind or in quality in relation to indications appearing on the order form. Any complaint made beyond this period will be rejected.
The claim may be made, at the buyer's choice:
- by contacting the seller at the following telephone number: 0664849320
- using the following email address: firstname.lastname@example.org
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, in Colissimo Recommended, to the following address: SCI LMDLM Zac des chevries , 4 rue des chevries, 78410 AUBERGENVILLE.
Return costs are the responsibility of the seller.
Article 13 - Product warranty
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, arising from a defect in the design or supply of the said services to the exclusion of all negligence or fault of the buyer. Depending on the manufacturer, the warranty can vary between 1 and 2 years.
In any event, in the event that the seller's responsibility is retained, the seller's guarantee would be limited to the amount of tax paid by the buyer for the purchase of the goods.
Article 14 - Right of withdrawal
The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.
Article 15 - Force majeure
All circumstances beyond the control of the parties, preventing the execution of their obligations under normal conditions, are considered as grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. Expressly considered as force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stopping telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other clauses will keep all their force and their scope.
Article 17 - Non-waiver
The fact that one of the parties does not claim a breach by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 18 - Applicable law
These general conditions are subject to the application of Romanian law.
The parties agree to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.
If they fail to do so, the parties will submit the dispute to the Brasov Commercial Court.
Article 19- Collection of personal data
The personal data that is collected on this site are as follows:
Account opening: when creating the user's account, their last name, first name, email address; Phone Number ; address ;
Connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection, use, location and payment data.
Profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number.
Payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored.
Cookies: Cookies are used in connection with the use of the site. The user has the option of deactivating cookies from their browser settings.
Use of personal data
The personal data collected from users is used to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offer the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of the services by displaying advertisements according to the browsing history of the user, according to his preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
- when the user publishes information accessible to the public in the free comment areas of the website;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of providers to provide user assistance, advertising and payment services. These providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on data protection staff ;
- if required by law, the website may transmit data to respond to complaints presented against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, disposal of assets or bankruptcy proceedings, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise at the following address email@example.com:
- they can update or delete data concerning them by logging into their account and configuring the settings for this account;
- they can delete their account, by writing to the following email address firstname.lastname@example.org. It should be noted that information shared with other users, such as posts on forums, may remain visible to the public on the website, even after their account has been deleted;
- they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: email@example.com. In this case, before the implementation of this right, the website may request proof of the identity of the user in order to verify its accuracy;
- if the personal data held by the website are inaccurate, they can request the updating of information, by writing to the following email address: firstname.lastname@example.org.
- users can request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the following email address: email@example.com.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.