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Definitions
The present General Terms and Conditions of Sale (hereinafter the "GTC") are proposed by AIC International SAS, with a capital of €100,000, a company registered in the Nantes Trade and Companies Register under the number 384 140 729, whose registered office is located at : ZAC de Maison Neuve II, 8 bis Rue Jean Mermoz, 44980 Sainte Luce sur Loire (hereinafter "AIC International").
Hereafter, we will refer to :
- ''Site": the site www.oriumfrance.com and all its pages.
- ''Products" or "Services": all products (materials) and services (services) that can be purchased or subscribed to on the Site.
- ''Seller": AIC International, a legal entity, offering its Products or Services on the Site.
- ''Customer": the Internet user, individual or professional, purchasing a Product(s) or Service(s) on the Site.
- ''Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity".
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GTC carefully, to print them out 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 1 - Application of the GTC and purpose of the Site
The Seller reserves the right to modify the GTC at any time 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.
The 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, the legal notice and the data charter of this Site.
This Site offers the online sale of Products: measurement, energy, garden and personal comfort.
The Site is freely accessible to all Customers. The purchase of a Product or Service implies the acceptance by the Customer of the entirety of these GTC, who acknowledges having fully understood them. This acceptance may consist, for example, in the Customer checking the box corresponding to the sentence accepting these GTC, for example with the words "I acknowledge that I have read and accepted all the general conditions of the Site". The fact of ticking 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 necessary legal capacity to do so. If the Customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorisation of a guardian, curator or legal representative.
The Customer acknowledges the evidential value of the Vendor's automatic recording systems and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.
The Publisher makes available to the Customer, on its Site, a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Publisher and to the rights the Customer has with regard to these personal data. The data privacy policy is part of the GTC. Acceptance of these T&Cs therefore implies acceptance of the data privacy policy.
Article 2 - Creation of a customer account
The creation of a "customer account" is a prerequisite for any order by the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. In this respect, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of any change. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
The Customer registered on the Site can access it by logging in using his identifiers (e-mail address defined at the time of registration and password) or possibly by using systems such as third-party social network connection buttons. The Customer is entirely responsible for the protection of the password he/she has chosen. He is encouraged to use complex passwords. If the Customer forgets his password, he can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer shall therefore refrain from transmitting or communicating it to a third party. Failing this, the Seller shall not be held responsible for unauthorised access to a Customer's account.
The customer account allows the Customer to consult all his orders placed on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Seller shall not be held liable, as this information has no evidential value but is solely for information purposes. The pages relating to the customer account may be freely printed out by the Customer holding the account in question, but they do not constitute proof of anything; they are only of an informative nature intended to ensure the efficient management of the Customer's orders or contributions.
Each Customer is free to close his account on the Site. To do so, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTC (in particular, and without this example being exhaustive, when the Customer has knowingly provided incorrect information when registering and setting up his personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer, when the facts justify it.
Article 3 - Method of placing orders and description of the purchasing process
The Products and Services offered are those which appear in the catalogue published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalogue reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.
The "Shopping Cart" is defined below as the immaterial object grouping together all the Products or Services selected by the Site's Customer with a view to a purchase by having clicked on these elements. In order to proceed with the order, the Customer chooses the Product(s) that he/she wishes to order by adding them to his/her "Basket", the content of which may be modified at any time.
Once the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will have the possibility, in order to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page where he/she must fill in the order form fields. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, which is necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has completed the form, he/she will then be invited to make payment using the payment methods listed in the payment section of these GTC. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price of the order.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Prices and payment terms
Unless otherwise stated, the prices in the catalogue are in Euros and include all taxes, taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.
AIC International reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate to the price of the Products or Services offered on the Site. Nevertheless, the price listed in the catalogue on the day of the order will be the only one applicable to the Customer.
The Customer may place an order on this Site and may pay by credit card, Paypal, 3XCB, 4XCB or bank transfer. Payments by credit card are made by means of secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery periods defined in the article "Deliveries" of these GTC shall only begin to run from the date of effective receipt of payment by the Seller, the latter being able to prove this by any means. The availability of the Products is indicated on the Site, in the description of each Product.
AIC International will store order forms and invoices on a reliable and durable medium that constitutes a true copy. The computerized registers will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
If the amount of your purchase is between €150 and €2,000, Orium offers you a payment solution in 3 or 4 instalments by credit card. You pay the first instalment at the time of purchase, and subsequent instalments are automatically debited at 30 days. The cost of financing is 1.5% of the total amount of your order for a 3x payment and 2.2% of the total amount of your order for a 4x payment. This amount is included in your second payment.
As a reminder:
This payment solution is only available for private customers. Indeed, our professional customers are not eligible for payment in several instalments for regulatory reasons.
Only CB, Mastercard and VISA cards are accepted. Foreign cards are all refused.
Cards with systematic authorisation (Maestro, Electron...), foreign bank cards, Cirrus cards, e-cards are not accepted.
The bank card must be valid for at least 4 months.
A loan commits you and must be repaid. Check your ability to repay before committing yourself. Financing for a period of less than 3 months granted subject to acceptance by COFIDIS, a public limited company with a Management Board and Supervisory Board and a capital of €67,500,000. Registered office: Parc de la Haute Borne, 61 avenue Halley 59866 VILLENEUVE D'ASCQ Cedex - R.C.S LILLE METROPOLE SIREN N°325 307 106 registered with the ORIAS under number 07 02 34 93. You benefit from a legal retraction period for distance selling.
Article 5 - Delivery
Delivery costs will be indicated to the Customer before any payment is made and concern only deliveries made in Metropolitan France. For any other place of delivery, it is up to the Customer to contact the customer service.
In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may be unable to provide him with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a package at the time of delivery if he/she notices any anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reserves, accompanied by the Customer's signature. In order to exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. If the Customer fails to comply with these instructions, he shall not be able to exercise his right of refusal, and the Seller shall not be obliged to comply with the Customer's request to exercise his right of refusal.
If the Customer's package is returned to the Seller by the Post Office or other postal service, the Seller shall contact the Customer upon receipt of the returned package to ask him/her what action to take on his/her order. If the Customer has mistakenly refused the parcel, he may ask for it to be sent back by first paying the postal charges for the new shipment. The postal charges must be paid even for orders for which the postal charges were offered at the time of the order.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L.221-18 et seq. of the French Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. The Seller shall not be held responsible for any defect resulting from the Customer's clumsiness or false manoeuvre.
Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer at the time of his order or, in the absence of indication of a date or deadline at the time of the order, in excess of thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon his written request by registered letter with acknowledgement of receipt, if after having enjoined the Seller to carry out the delivery, he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to force majeure.
Article 6 - Right of withdrawal and withdrawal form
In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or from the conclusion of the contract for the provision of services, to withdraw. The customer must return any Product that does not suit him/her and ask for an exchange or a refund without penalty, except for the return shipping costs, within fourteen (14) days from the date of receipt by AIC International of the refund request.
The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard retraction form for an order placed on the Site, to be sent to AIC International. It is understood that the Customer will bear the cost of returning the Product in case of withdrawal, as well as the cost of returning the Product if, due to its nature, it cannot normally be sent back by post.
If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned at his expense.
It is recommended that the Customer return the Product by a solution that allows the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an enquiry with the postal services in order to ask them to locate it.
Refunds will be made using the same method of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another method of payment, and insofar as the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that he has shipped the Product, if such demonstration has not previously taken place.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with Article L221-5 of the French Consumer Code, ("loi Hamon") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract).
________________________________________
To the attention of AIC International SAS, ZAC de Maison Neuve II, 8 bis Rue Jean Mermoz, 44980, Sainte Luce sur Loire
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*) :
Name of Customer(s) :
Address of Customer(s) :
Signature of Client(s) (only if this form is notified on paper) :
Date :
(*) Delete as appropriate.
Article 7 - Product warranty
Legal provisions to be reproduced
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When acting under the legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to take action; he may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, he is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods, a period which has been extended to 24 months as of 18 March 2016.
The legal guarantee of conformity applies independently of any commercial guarantee.
The consumer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event that this guarantee is invoked, the buyer may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, as provided for by the Civil Code;
Legal guarantee of conformity
According to articles L.217-4 and following of the French Consumer Code, the Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to respond to any defects in conformity that exist during the delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day the Product was taken into possession. However, if the defect appeared within 24 months of this date (or within 6 months if the order was placed before 18 March 2016 or the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the claimed lack of conformity".
However, after this 24-month period (or 6 months if the order was placed before 18 March 2016 or if the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
Batteries and parts subject to "normal wear and tear" and consumables are excluded from the warranty under normal and appropriate conditions of use.
In accordance with Article L.217-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, he shall be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from the normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for its intended use, or diminish that use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
Complaints, requests for exchange or reimbursement for a non-conforming Product must be made by post or by e-mail to the addresses indicated in the legal notices on the site.
In case of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by cheque or bank transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall be borne by the Seller.
The Products supplied by the Seller on the present Site benefit, in addition to the legal guarantee which is, where applicable, always applicable to them, from an additional commercial guarantee, under the following conditions:
Extension of 1 year of the legal warranty.
Article 8 - Customer service
The customer service of this site is accessible by e-mail at the following address: contact@oriumfrance.com or by mail at the address indicated in the legal notice.
AIC International also provides a hotline to answer questions from its customers. The hotline can be contacted by phone at 02 28 23 06 51 (toll-free number, Monday to Friday from 8:30 am to 12:30 pm and from 2 pm to 5:30 pm).
Article 9 - Liability
The Seller AIC International cannot be held responsible for the non-execution of the contract concluded due to the occurrence of an event of force majeure. Concerning the purchased Products, the Seller will not be held responsible for any indirect damage, operating loss, loss of profit, damage or expenses, which could occur.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows withdrawal, in accordance with Article L 221-18 et seq. of the French Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, AIC International cannot be held responsible for :
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result from the use of the Site, or on the contrary from the impossibility of its use;
- malfunctioning, unavailability of access, misuse, poor configuration of the Customer's computer, or the use of a browser not frequently used by the Customer;
- the content of advertisements and other links or external sources accessible by the Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual in nature, and the Seller shall not be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are erroneous or incomplete.
Article 10 - Intellectual property rights
All the elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of the logos, textual, pictographic or video contents, without this list being limitative, is strictly forbidden and is considered as counterfeiting.
Any Customer who is guilty of infringement may have his account deleted without notice or compensation and without this deletion constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Seller or his agent.
The trademarks and logos contained in the Site may be registered by AIC International, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and rebroadcasts incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.
Article 11 - Independence of clauses
If any provision of the GTC is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sub-licensable by the Customer himself.
A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC shall be in the French language.
Article 12 - Applicable law and mediation
These GTC are governed by and subject to French law.
Except in the case of public order provisions, any disputes that may arise in the context of the execution of these GTCs may, before any legal action is taken, be submitted to the Site Editor for an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of these GTC shall be subject to the jurisdiction of the courts of the place of residence of the defendant.
All rights reserved - 25 February 2020