Terms of Sales
Article 1 – IDENTITY OF THE SELLER
Shop http://sensaura.fr Rue du Maillet 57100 Thionville - France Tel: Siret - Identification CEE - FR 82821703287.
Article 2 – PREAMBLE
The purpose of these General Terms and Conditions of Sale (hereinafter “the T&Cs”) is to define the terms and conditions of sale of the products offered by SENSAURA (hereinafter “the Products”) from its Website www.sensaura. fr (hereinafter “the Website”). An order can only be placed by a customer residing in mainland France (including Corsica) or in the following countries: Monaco, Belgium, Spain, Germany, Luxembourg, Greece or Portugal (hereinafter “the Customer”). The Customer only purchases the Products on a strictly personal basis. He is therefore prohibited from purchasing the Products with a view to their resale or any other professional use. Any order made by the Customer implies ipso jure, without restriction or reservation, his irrevocable acceptance of the GCS. Thus, only the provisions of these T&Cs are authentic between SENSAURA and the Customer, to the exclusion of all others. SENSAURA reserves the right to modify its T&Cs at any time, without notice. The new version of the T&Cs is applicable to orders placed as of their posting on the Website. SENSAURA therefore recommends that its Customers regularly read the latest version of the applicable GCS.
Article 3 – PRODUCTS
3.1 CHARACTERISTICS The essential characteristics of the Products marketed by SENSAURA are described on the Website www.sensaura.fr. The Products offered comply with the French legislation in force and the standards applicable in France. There are no spare parts for our products. 3.2 AVAILABILITY The Products are available for purchase within the limits of available stocks. When a Customer places an order on the Website, he is informed of the availability of the Products he wishes to order. However, in the event that a Product ordered by the Customer turns out to be unavailable later, SENSAURA will inform the Customer by email as soon as possible. Since then :
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if all the Products included in the order are unavailable, the order will then be automatically canceled and the Customer's bank account will be credited no later than 14 (fourteen) days following the validation of his order,
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if certain Products only subject to the order are unavailable, the customer may then choose to replace the missing product, maintain his order or cancel all or part of his order.
3.3 QUANTITY www.sensaura.fr is a retail site. SENSAURA is not intended to sell the Customer the Products offered in quantities exceeding the usual quantities intended to satisfy the Customer's private needs. Consequently, SENSAURA reserves the right to refuse excessive orders in volume or frequency.
Article 4 – LEGAL GUARANTEES AND COMMERCIAL GUARANTEE
4.1 LEGAL GUARANTEES All products supplied by SENSAURA benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee relating to defects in the item sold under the conditions provided for. in articles 1641 to 1648 of the Civil Code and 2232 of the Civil Code. These articles are reproduced below: Article L211-4 of the Consumer Code The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L211-5 of the Consumer Code To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable:
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correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
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present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. Article L211-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article 1641 of the Civil Code The seller is bound by the guarantee for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it. , or would have paid less if he had known them. Article 1648 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. 4.2 COMMERCIAL GUARANTEE The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good, in addition to its legal obligations aimed at guarantee the conformity of the good. No commercial guarantee is granted by SENSAURA. 4.3 It is thus recalled that when acting as a legal guarantee of conformity, the Customer: - has a period of two years from the delivery of the goods to act; - can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; - is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies independently of any commercial guarantee granted. The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 5 – PRICE AND TERMS OF PAYMENT
5.1 PRICE The price of the Products is invoiced to the Customer on the basis of the tariff in force at the time of the order. SENSAURA reserves the right to modify its prices at any time, without notice. The new prices are applicable to orders placed from the time they are posted on the Website www.sensaura.fr. The price of the Products offered for sale on the Website is indicated in Euros, including tax. Prices do not include delivery charges. Delivery costs are flat rate. The amount of the delivery costs is indicated to the Customer before the validation of his order. 5.2 TERMS OF PAYMENT The payment of the order (price and delivery costs) is made only: - by credit card CB – VISA and MASTERCARD and PAYPAL.
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by CB bank card in 3 instalments.
The debit of the Customer's bank account occurs at the time of the validated order. Please note that we do not accept payment by cheque. 5.3 PAYMENT SECURITY The www.sensaura.fr website includes an SSL security system. The www.sensaura.fr website uses a secure payment system which is coordinated with the Caisse d'Epargne banking institution. As part of its policy for verifying orders and the quality of payments, SENSAURA may ask the Customer for a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification of the documents provided by the Customer. The Customer guarantees that he has the necessary authorizations to use the method of payment chosen by him during the validation of his order. 5.4 INVOICING A detailed invoice, printable from the Customer's account, is accessible from the delivery of the Products ordered. 5.5 DISPUTE OR REFUSAL OF PAYMENT In the event of refusal of payment opposed to SENSAURA by a banking institution, SENSAURA reserves the right to (1) suspend the management and delivery of the disputed order or (2) to refuse or cancel the order of the Customer with whom there is already an ongoing dispute relating to the payment of an order.
Article 6 – ORDER
Orders are made exclusively on the Website www.sensaura.fr by following the instructions therein for this purpose. As a reminder, the Customer declares to have read and accepted the GCS before formalizing his order. Any order validated by the Customer by the "double click" procedure ((i) placing the order and (ii) possibility of modifying it before confirming it by clicking on the VALIDATE and PAY button) constitutes an irrevocable acceptance of the order. subject to the specific provisions of the GCS such as the right of withdrawal or the unavailability of stocks. The data recorded by SENSAURA and its information systems constitutes proof of all transactions made by SENSAURA and the Client. Upon validation of his order, SENSAURA sends the Customer a confirmation e-mail summarizing his entire order.
Article 7 – DELIVERY
7.1 DELIVERY METHODS Packages are only delivered in mainland France (including Corsica) and in the following countries: Monaco, Belgium, Spain, Germany, Luxembourg, Greece and Portugal. Deliveries are made via the postal services, according to the Colissimo, Chronopost system, or by any other service chosen by SENSAURA. The Products are delivered to the address indicated by the Customer at the time of each order. If the Customer wishes to be delivered to different addresses, he must place separate orders. SENSAURA sends each Customer an e-mail notification of dispatch of their order. 7.2 DELIVERY TIMES SENSAURA undertakes to deliver the products in accordance with the observed average delivery time indicated on the site for each of the products. In the absence of a time limit indicated, the delivery time of the product may not exceed thirty (30) days after confirmation of the order. An e-mail informs the Customer of any delay in delivery. 7.3 MONITORING OF DELIVERIES Each Customer can follow the processing status of his order by SENSAURA directly on the Website, in the “My Account” section. The Customer can click on the parcel number which will be communicated to him in the e-mail notification of dispatch of his order, and which also appears in the "Order tracking" section of the website. La Poste offers an order delivery tracking service accessible from the “www.Coliposte.net” site by entering the parcel number. This service is independent of SENSAURA. 7.4 LATE DELIVERY If the average delivery time noted indicated is exceeded, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, according to the same terms, SENSAURA to make the delivery within a reasonable additional period, the latter has not performed within this period. The contract is considered resolved upon receipt by SENSAURA of the letter or writing informing it of this resolution, unless the professional has performed in the meantime. The Client will then be reimbursed under the conditions set out in paragraph “Product Refund” of the “RIGHT OF WITHDRAWAL” Article. If the average delivery time indicated to the Customer is exceeded and if it appears that this time period constituted an essential condition of the contract for the Customer, the Customer may immediately terminate the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract. In this case, the contract will be considered resolved upon receipt by SENSAURA of the letter or writing informing it of this resolution. In the event of cancellation for late delivery of the product(s), SENSAURA undertakes to reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the Customer terminated the contract. 7.5 ABSENCE OF RECEIPT OF PARCELS If, upon delivery to the address indicated by the Customer, the latter is not present or refuses the parcel, the parcel will be deposited at the post office closest to his domicile, where the Customer may withdraw it for a period of fifteen (15) days, upon presentation of the delivery notice deposited by the Post Office in his mailbox. At the end of this period of fifteen (15) days, the Post Office returns to SENSAURA any unclaimed parcel. If a package is returned to SENSAURA for a reason attributable to the Customer, such as “unclaimed” or “does not live at the address indicated”, SENSAURA informs the Customer concerned by e-mail. In this case, with the Customer's agreement, the package will be reshipped, the reshipping costs being borne by the Customer. An e-mail will indicate to the Customer the procedure to follow for the payment of these shipping costs. In all other cases, the package will be kept by SENSAURA for sixty (60) days. At the end of this period, SENSAURA may decide to destroy the Products thus returned, without notice or formal notice. This destruction does not give the Customer any right to reimbursement, replacement or compensation. The Customer will not be reimbursed for the price of the order or the delivery costs. 7.6 PRODUCT DAMAGED ON DELIVERY In the event that the Products are delivered damaged, the Customer must notify this fact to the Post Office by registered letter with acknowledgment of receipt within seventy-two (72) hours (working hours) following delivery of the package. This complaint must be substantiated and describe in particular the state in which the Products and their packaging were delivered to the Customer. It is recommended to examine the package in the presence of the delivery person and to have any reservations noted on the delivery slip, of which the Customer must keep a copy. Within this same period of seventy-two (72) hours, the Customer must send a copy of his complaint to the Customer Service of the Website www.sensaura.fr, by e-mail or by registered letter with acknowledgment of receipt, to the addresses listed at the “Customer Service and Complaints” Article of the T&Cs. SENSAURA will then contact the Customer by email to organize the return of the Products at SENSAURA's expense. In addition, the Customer will have the following choice:
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maintain his order and obtain a new delivery (unless the Product is unavailable), this causing a new delivery period to run, or,
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resolve the order, SENSAURA refunding the price paid under the terms and conditions defined in the “Refund of Products” paragraph of the “RIGHT OF WITHDRAWAL” Article.
Article 8 – RIGHT OF WITHDRAWAL
The Customer has, from the receipt of the products, a withdrawal period of fourteen (14) days to exercise his right of withdrawal, without having to justify himself, or to pay a penalty, at the address below : BOUTIQUE SENSAURA N°15 rue du Luxembourg 57100 Thionville - France 8.1 EXERCISE OF THE RIGHT OF WITHDRAWAL The Customer must inform SENSAURA, within fourteen (14) days of its decision to withdraw by sending it: - by any written means (mail , e-mail, fax) expressing their desire to withdraw; or In the event of an order relating to several products delivered separately, the Customer has a withdrawal period of fourteen (14) days from receipt of the last product. Return costs are the responsibility of the Customer. These costs are estimated at a maximum of approximately 30 EUROS. SENSAURA undertakes to do everything possible to respond to the Customer as soon as possible. When the Customer exercises his right of withdrawal, the Customer undertakes to return the Products at the latest, within fourteen days of the communication of his decision to withdraw. Otherwise, the right of withdrawal does not take effect and the sale is final. The Products must imperatively be returned intact, clean and complete (that is to say in perfect condition for resale, unmodified, in their original packaging), accompanied by any instructions and accessories. The Customer must return the Products by clearly indicating on the package the number of his invoice or the return number which will have been assigned to him. The Customer must also include a copy of his invoice in the package. It is up to the Customer who exercises his right of withdrawal to reserve proof of the reshipment of the goods by him (presentation of a receipt for registered delivery, presentation of a document provided by the carrier, etc.). Prior to reimbursement, SENSAURA reserves the right to carry out the necessary checks in the event of a discrepancy between the returned Products and the attached invoice or the return number. 8.2 REIMBURSEMENT OF PRODUCTS The Customer will be reimbursed an amount equal to the price of the returned Products plus the shipping costs he has paid for the order denounced, with the exception of additional delivery costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by SENSAURA. The cost of returning the Products, the maximum amount of which is indicated above, will remain the responsibility of the Customer. This reimbursement will be credited to the bank account from which the payment received by SENSAURA will have been issued. Reimbursement will take place no later than fourteen (14) days from the date on which SENSAURA was informed of the Customer's decision to withdraw, subject to receipt of the products in good condition or supply by the Customer proof of the actual shipment of the products. SENSAURA makes the refund using the same means of payment as that used by the Customer during the validation of the order, unless the Customer expressly agrees to the reimbursement of the sum by another means of payment and insofar as the reimbursement does not does not incur any costs for the Client.
Article 9 – CUSTOMER SERVICE AND COMPLAINTS
The Customer Service of the Website is available to Customers for any information, from Monday to Friday:
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by e-mail: support@sensaura.fr
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by mail to the following postal address:
Boutique Sensaura Internet Customer Service N°15 rue du Luxembourg 57100 THIONVILLE - FRANCE SENSAURA undertakes to do its utmost to respond to the Customer as soon as possible.
Article 10 – RESPONSIBILITY
SENSAURA cannot be held liable and SENSAURA cannot under any circumstances be held liable for damages of any kind, whether material or immaterial, indirect, or bodily that could result from: - improper use by the Customer of the Products , in contradiction with the uses, the usual rules of caution and the information notices provided, - of a mismatch between the photographs and the texts reproduced illustrating the Products offered and their characteristics, communicated for illustrative purposes and not contractual. ESTEBAN is not intended to sell its Products to professionals. SENSAURA will therefore not incur any liability in the event of direct or indirect damage suffered by a professional. SENSAURA cannot be held liable in the event of the occurrence of an event of force majeure, that is to say an irresistible and unforeseeable event.
Article 11 – MISCELLANEOUS
11.1 NULLITY OR ILLEGALITY OF A CLAUSE In the event that one of the provisions of these GCS is deemed null or illegal, the validity and legality of the other provisions shall not be affected. 11.2 INTELLECTUAL PROPERTY All texts, comments, works, illustrations, images and any other element appearing on the Website www.sensaura.fr are the full property of Sensaura. As such, any reproduction, representation, modification, adaptation or use of any of these elements is prohibited and constitutes counterfeiting which may engage the civil and criminal liability of the counterfeiter. 11.3 PERSONAL DATA The information and personal data communicated by the Customer to SENSAURA are intended to be used by SENSAURA's internal departments and by its service providers, for the purposes of processing the Customer's Order. SENSAURA may communicate this information to third parties. SENSAURA may offer its customers who so wish offers from SENSAURA partners. In these cases, SENSAURA guarantees the confidentiality of customer information. Offers will be routed either by SENSAURA or by a trusted partner. information concerning him, by sending his request: - on the Website www.sensaura.fr, in the "Contact" section, "Customer Service" or directly by e-mail to the address support@sensaura.fr - or by post (indicating his e-mail address, surname, first name, postal address), to the following address: BOUTIQUE SENSAURA Service clients Internet N°15 rue du Luxembourg 57100 THIONVILLE - FRANCE 11.4 SETTLEMENT OF DISPUTES AND APPLICABLE LAW These present CGV are subject to French law. Nevertheless, in the event of a dispute, the Customer will have the possibility of seeking, as a priority over any legal action, an amicable solution for the settlement of disputes. The Customer may then contact Customer Service whose contact details are mentioned in the article “CUSTOMER SERVICE AND COMPLAINTS”. In the absence of prior amicable settlement between SENSAURA and the Customer, all disputes arising in the context of the relationship between the Customer and SENSAURA will be submitted to the competent courts.