GENERAL CONDITIONS OF SALE – INTERNET

En vigueur au 28/09/2020

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“Customers” or “Client”), wishing to acquire the products offered for sale (“Products”) by the Seller on the website https://en.elastok.eu The Products offered for sale on the site are the following:

• Paper solutions for the agricultural, transport, logistics, livestock and industrial markets

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://en.elastok.eu which the customer is required to take note of before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These GTC are accessible at any time on the site https://en.elastok.eu and will prevail over any other document.

The Customer declares to have taken knowledge of the present GCS and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the site https://en.elastok.eu

Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.

The Vendor’s contact details are as follows

Elastok.eu, SAS

Share capital of 10000 euros

Registered at the RCS of Tarascon, under the number 885393611

3 rue des Charretiers

mail: contact@elastok.eu

phone: + 33 (0)4 90 43 13 00

Intracommunity VAT number FR66885393611

ARTICLE 2 – Prices

The Products are supplied at the prices in force appearing on the site https://en.elastok.eu, at the time of the recording of the order by the Salesman.

The prices are expressed in Euros, exclusive of tax and VAT.

The prices take into account possible reductions which would be granted by the Salesman on the site https://en.elastok.eu.

These prices are firm and nonrevisable during their period of validity but the Seller reserves the right, out of validity period, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select on the website https://en.elastok.eu the Products he/she wishes to order, according to the following modalities:

The customer chooses one or more products. At the end of his selection, he goes to his basket and must complete the delivery information. He must finally choose his method of payment then pay.

The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.

The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error.

Any order placed on the site https://en.elastok.eu constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may follow the progress of his order on the site.

ARTICLE 4 – Terms of payment

The price is paid by secure payment, according to the following methods:

• Payment by credit card via Stripe
• Payment by PayPal

The price is payable in full by the Customer on the day the order is placed.

The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in banking transactions made on the site https://en.elastok.eu

The payments made by the Customer will be considered as final only after effective collection by the Seller of the sums due.

The Seller shall not be bound to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 – Delivery

The Products ordered by the Customer will be delivered in Metropolitan France.

Deliveries are made within 1 to 3 days to the address indicated by the Customer when ordering on the site.

The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within 5 days. after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be canceled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or withholding.

The deliveries are ensured by an independent carrier, at the address mentioned by the Customer at the time of the order and to which the carrier will have easy access.

When the Customer has himself/herself chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer, therefore, acknowledges that it is the carrier’s responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. The Customer has a period of 14 days from the date of delivery to file a complaint by mail or email, accompanied by all related documents (notably photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 7 – Right of withdrawal

According to the terms of Article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The time limit mentioned in the first paragraph runs from the day :
1° Of the conclusion of the contract, for the contracts of provision of services and those mentioned in article L. 221-4 ;
2° Of the reception of the good by the consumer or a third party, other than the carrier, designated by him, for the contracts of sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal as of the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part.
For contracts providing for regular delivery of goods over a defined period of time, the period shall run from receipt of the first good.”

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GTC.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GTC.

The returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing their remarketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not accepted.

The cost of return will be charged to the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 – Seller’s liability – Warranties

The Products supplied by the Seller benefit from :

• the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
• the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,

Article L217-4 of the Consumer Code

“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.”

Article L217-5 of the Consumer Code

“The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where appropriate :

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

“The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article 1641 of the Civil Code.

“The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

Article L217-16 of the Consumer Code.

“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.

In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.

The Seller will refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.

Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts.

Refunds, replacements or repairs of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 14 days following the finding by the Seller of the non-conformity or hidden defect. This refund can be made by bank transfer or check.

The responsibility of the Salesman could not be committed in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Seller’s warranty is, in any case, limited to the replacement or refund of the Products that do not conform or are affected by a defect.

ARTICLE 9 – Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data that are collected on the site https://en.elastok.eu are the following:

Ordering Products:

When ordering Products by the Customer:

Name, first name, postal address, telephone number and e-mail address.

Payment

Within the framework of the payment of the Products proposed on the https://en.elastok.eu site, this one records financial data relating to the bank account or the credit card of the Customer / user.

9.2 Recipients of personal data

The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractors is (are):

Transport providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller 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 Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Customer and user rights

In application of the regulations applicable to personal data, the Customers and users of the site https://en.elastok.eu have the following rights:

• They can update or delete their data in the following way: by connecting to their customer area or by sending an email to contact@elastok.eu.
• They can delete their account by writing to the email address indicated in article 9.3 “Data controller”.
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.
• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”.
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
• They may also request the portability of data held by the Seller to another service provider
• Finally, they may object to the processing of their data by the Seller

These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the person in charge of processing whose coordinates are indicated above.

The person in charge of processing must give a reply within a maximum of one month.

In the event of refusal to grant the Customer’s request, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the site https://en.elastok.eu is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

ARTICLE 11 – Applicable law – Language

The present GTC and the operations which result from it are governed and subjected to the French law.

The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 – Disputes

For any complaint, please contact the customer service department at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC.

The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.

In this case, the designated mediator is Mr BACQUIE Frédéric

E-mail : contact@elastok.eu

The Customer is also informed that he can also resort to the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.