General Terms of Sale
First, these terms and conditions of sale are intended to define the rights and obligations of SGIO and the Customer of products presented by SGIO on its www.sgio.fr website (the “Site”). They apply exclusively between the company SGIO, villa the olive trees route of saint pancrace 20250 CORTE, Siret: 814 230 298 00014 (hereafter “SGIO”) and any consumer natural person visiting or making a purchase via said Site (hereafter “the Customer”).
On the Site, SGIO allows the Customer to order SGIO brand products online (‘the’or products’) according to these terms and conditions.
Any order made with SGIO therefore results in the Customer’s full acceptance of these conditions. These terms and conditions may be amended at any time and without notice by SGIO, the applicable conditions being those in effect on the date of the customer’s order.
2. PRODUCTS AND COMPLIANCE
2.1. The products for sale are presented on the SGIO website and with a description.
2.2. The products offered by SGIO comply with the applicable standards in France.
Second, items such as photographs, texts, graphics and all the information and features illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
As a result, SGIO cannot incur any liability in the event of an error or omission of any of these elements or in the event of changes to such items by suppliers and/or publishers.
3. CUSTOMER OBLIGATIONS
3.1. The Client declares that he is at least 18 years old and has the legal capacity or parental authorization to place an order on the Site.
3.2. The Client undertakes to communicate to SGIO the real and necessary information to carry out the service subject to these conditions as requested online and according to his situation, including his name, first name, address, phone and valid e-mail.
The Customer is responsible for the consequences arising from false or inaccurate information whose resumption would be unlawful.
3.3. Once the order has been placed, SGIO sends the customer an email confirming it. It informs them of the sending of the Products.
3.4. Customers can change their data under “your account.”
4.1. Any order will only be validated after the payment has been accepted.
4.2. SGIO reserves the right to cancel or refuse an order in the event of a dispute with the Customer over an earlier order.
4.3. SGIO can accept orders within the limit of available stocks. It informs the Customer of the availability of products sold on the Site at the time of confirmation of the order.
If, despite SGIO’s vigilance, the products are unavailable, SGIO will notify the Customer by email as soon as possible. The customer will then be able to cancel his order and be reimbursed, if necessary, the sums already paid.
The final or temporary unavailability cannot in any way incur the liability of SGIO, nor can it open any right to compensation or damages in favour of the Client.
5.1. Prices posted on the Site are shown in euros all French taxes included (French VAT and other taxes possibly applicable), excluding postage, participation in order processing fees and packaging fees.
The shipping costs, participation in the order processing costs and packaging costs will be listed in the Customer’s basket, before the final validation of the order.
Prices can be changed at any time, without notice, especially in the event of a change in tax or economic data. Items will be billed based on the rates in effect at the time the order is registered.
6.1. SGIO delivers its products in France and in all European Union countries and can deliver on request in any country.
The products are shipped with the delivery voucher, to the delivery address indicated by the Customer at the time of his order. Delivery cannot be made in hotels or post boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information about the delivery address (such as: street number, building, staircase, access codes, names and/or intercom numbers, etc.).
In the event of a delivery delay of more than 7 business days, if the product has not been shipped, the Customer can report the order by recommended letter with notice of receipt and request the refund of his order.
If the item has been shipped prior to the cancellation of the order for delivery delays of more than 7 days, SGIO will refund the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.
SGIO is committed to informing the Customer of the evolution of the processing of its order.
In case of damaged parcels (already open, missing products…), the Customer undertakes to notify the carrier and SGIO, by all means, all reservations within 3 days of receiving the product.
SGIO cannot be held responsible for the consequences of a delay in routing that is not the result of its own.
Finally, the full payment must be made at the time of the order. At no time can the sums paid be considered as deposits or instalments. The Customer pays his order by bank card (Visa, Eurocard/Mastercard) in accordance with the provisions of this article.
For any transaction, the Customer will indicate the number on the front of their card, the expiry date of their card and the cryptogram on the back of their card (last three digits).
Finally, the Customer’s disclosure of his credit card number is worth permission for SGIO to debit his account due to the amount of his order.
No counter-refund shipments will be accepted for any reason.
SGIO retains ownership of the item until the full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by SGIO are 100% secure. For credit card payments (blue card, blue card visa and e-credit card), all information that Customers communicate to SGIO is strictly protected and guarantees the compliance and security of each transaction.
8. EXCHANGES AND PRODUCT RETURNS /RIGHT OF WITHDRAWAL
Within 15 days of receiving their order, the Customer will be able to request SGIO’s return or exchange of the Product.
To do this, the Customer will first have to make a request for return or exchange by e-mail.
If the return request is validated by SGIO, the customer will have to return the package, the shipping costs for the return of the items are the responsibility of the customer.
Finally, the return or exchange is done at the customer’s risk. The product must be returned within a week in its original packaging, in its original state, new, unworn, unwashed, to the following address:
1 PAOLI COURSE
If the item is not returned by the Customer within one week of receiving the postage tag, the return is considered cancelled and the Customer must keep the product.
The returned proceeds will be refunded within a maximum of fifteen days from receiving it by SGIO, by a credit of the amount to be repaid in the Customer’s bank account or by bank check.
In the absence of compliance by the Customer with these conditions, including return or exchange conditions, SGIO will not be able to refund the products concerned.
9. GUARANTEES AND LIABILITY
SGIO has, for all stages of access to the site, from the ordering process to the shipment of the parcel or later services, only a means obligation. SGIO cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, including a breach of service, an external intrusion or the presence of computer viruses, or in fact classified as force majeure, in accordance with the law and jurisprudence.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer allowed to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos..).
This Site or any part of this Site must not be reproduced, copied, sold or operated for commercial reasons without the express and written permission of SGIO.
In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights on the Site will remain full ownership of SGIO.
The Customer is therefore bound to respect intellectual property rights and will not be able to use the trademarks on the Site and on the Products if necessary, or file a trademark that would prejudice the rights holder, unless contractually applicable.
The same is true of any other intellectual property right.
11. GUARANTEES AND LIABILITY
SGIO undertakes to use the confidential information of Customers only in the context of the operation of its Site.
For the proper processing of the order, the personal data collected will be processed computer, the customer admits to being aware of it.
As such, information about him may be shared with SGIO technical providers.
In addition, SGIO will be able to apply technical means to obtain non-personal information relating to Users and intended to improve the functionality of the site, for example by tracing the number of visitors on certain pages.
In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Client has a right of access and correction of the personal data about him contained in the files of SGIO. All requests must be e-mailed to: firstname.lastname@example.org or by mail to SGIO Villa the olive trees Route de Saint Pancrace 20250 CORTE FRANCE.
This computer processing was the subject of a declaration to the National Commission for Information Technology and Freedoms (CNIL) which issued receipt 1953669 v 0 on 29 April 2016.
12. FORCE MAJEURE
Above all, in the event of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of that event, by letter recommended with acknowledgement.
Expressly, are considered as a case of force majeure or fortuitous case, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil disturbance, insurrection, war, bad weather, epidemic, blocking of means of transport or supply for whatever reason , earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event lasts for more than three (3) months, the contract concerned may be terminated as of right without compensation for either party.
13. GENERAL PROVISIONS
13.1. Partial non-validity of a clause
If any of the stipulations of these conditions are declared null and void by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.
These terms and conditions may be amended at any time and without notice by SGIO, the applicable conditions being those in effect on the date of the customer’s order.
13.3. Applicable law – Competent Tribunal
These general conditions are subject to French law with regard to substantive rules as well as rules of form. Any dispute will have to be the subject of an amicable settlement attempt.
In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding plurality of defendants or appeal as collateral.
13.4. : Reproduction of applicable texts (ordinance 2005-136 of February 17, 2005, Consumer Code, Civil Code)
Art. L. 211-4. Consumer Code
The seller is required to deliver a property in accordance with the contract and is liable for compliance defects that exist at the time of issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.
Art. L. 211-5. Consumer Code
– To comply with the contract, the property must:
(1) Be fit for the usually expected use of a similar property and, if necessary:
– match the description given by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or model;
– present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, the producer or his representative, especially in advertising or labelling;
(2) Or present the characteristics defined by the parties or be specific to any special use sought by the Customer, brought to the seller’s attention and which the seller has accepted.
Art. L. 211-12. Consumer Code
The action resulting from the non-compliance is prescribed by two years from the issuance of the property.
Art. 1641 of the Civil Code
The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unsuitable for the purpose to which it is intended, or which diminish this use so much, that the Customer would not have acquired it, or would have given only a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.1