Terms of sale

Terms of Sales

Version of 12/21/2021

Preamble

These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person with the quality of consumer (hereinafter the "Customer") on the website https://www.chemtov.com/ (herein the “site”) with Chemtov, a simplified joint-stock company, registered in the Marseille trade and companies register, under number 849 340 666, having its registered office at 111 boulevard de la Millière, 13011 MARSEILLE, France (hereinafter the "Seller"). IMPORTANT: Any order placed on the Site must require the customer's unreserved acceptance of these General Conditions.

1. Definitions

The terms used below have, in these commercial conditions of the platform, the following meaning:

• "Customer" : designates the seller's contractor, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly planned that the customer act outside of any usual or commercial activity.
• "Ordered" : designates the purchase of the products made by a customer from the seller on the site.
• "General conditions of use" or "CGU": designates the contractual conditions made available on the home page of the site, in order to frame the use of it by any user.
• "General conditions of sale" or "CGV": designates these contractual conditions framing the sale of the product by the seller through the site.
• "Client area" : designates the interface allowing the customer to access their personal space, in which all the data provided is grouped. Access to the customer area is thanks to the identifiers.
• "Product sheet": designates the page presenting the commercial offer linked to a product. The product sheet is generally in particular composed of one or more photography (s) of the product, price, characteristics of the product and all legally compulsory information.
• "Identifiers": Designates the customer email address and password, necessary for access to their customer area on the platform.
• "Delivery" : designates the first presentation of the products ordered by the Customer to the delivery address indicated when ordering.
• "Parties": In the plural, designates the customer and the seller together. In the singular, designates only one of the two parties.
  
• "Product" : designates all the products available on the site.
• "Territory" :designates all the territories on which are provided delivery by the seller, namely the whole world.
  
• "Seller" : designates the company Chemtov, simplified joint -stock company, registered in the Trade and Companies Register of Marseille, under number 849 340 666, having its registered office

2. Object

These General Conditions govern the sale by the seller to its customers of the products.
They specify in particular the conditions of order, payment, delivery and management of any returns of the products ordered by customers.
The seller is not intended to sell products to professionals, but only to consumers or non -professional, for their personal needs.
The seller therefore reserves the right to refuse orders for the same product in large quantities.
These general conditions of sale apply to the exclusion of any other condition, and in particular those applicable for store sales or by means of other distribution and marketing circuits.

3. Acceptance of general conditions

These general conditions of sale are accessible at any time on the site. They are referenced at the bottom of each page of the site using a link and must be viewed before ordering.
The GTC applicable to sale are those in force on the day of the order. These CGVs will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares that they have read these General Conditions of Sales and have accepted them by checking the box provided for this purpose before making the payment of an order of products placed on the Site.

4. Purchase of products on the site

To be able to buy a product, the customer must be at least 18 years old and have legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The customer will be invited to provide information to identify it by completing the form available on the site. The sign (*) indicates the compulsory fields which must be filled so that the customer's order is processed by the seller.
The information that the customer provides to the seller when ordering must be complete, accurate and up to date. The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

5. Orders

5.1.Caracteristic products

The seller undertakes to present the essential characteristics of the products on the product sheets and the compulsory information that the customer must receive under applicable law.
The Customer undertakes to read this information carefully before placing an order on the site.
Unless expressly indicated on the site, all the products sold by the seller are new and authentic. They comply with the European legislation in force and the standards applicable in France.

5.2.

Product orders have placed directly on the site. To make an order, the customer must follow the steps described below:

5.2.1. Product selection

It is up to the customer to select the products he wishes to order on the site, according to the following terms:
The customer selects the products he wishes to order by clicking on the product (s) concerned (s) and by choosing the desired characteristics and quantities, then adds them to his basket.
The customer can then add to his basket as many products as they wish.

5.2.2. Orders

Once the products are selected and placed in their basket, the customer must click on the basket and check that the content of his order is correct. If the customer has not yet done so, he will then be invited to identify or inform his contact details to create an account.
Once the customer has validated the contents of the basket and has been identified, will appear an online form automatically completed and summarizing the price, applicable taxes and, if necessary, delivery costs.
The customer is invited to check the details of his order, his total price and correct any errors before confirming his acceptance. It is therefore up to the customer to check the accuracy of the order and immediately report any error.
The Customer chooses the delivery method and then the payment method and is redirected to a secure payment page where they adjust their order and confirms it.
Orders placed must include all the information necessary for the right processing of the order.

5.2.3. Acknowledgment of receipt

Once all the steps described above are completed, the customer is redirected to the site where a page appears in order to confirm the validation of his order.
A copy of the acknowledgment of receipt of the order is automatically sent to the Customer by email, provided that the email address communicated through the registration / order form is correct.

5.2.4. Billing

An invoice is established by the seller. The customer can access it by clicking on the link provided for this purpose and contained in the confirmation email sent to him by email.

5.3.Date of the order

The date of the order is the date on which the seller acknowledges online receipt of the order. The deadlines indicated on the site only start to run from this date.
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.

6. Prices

The prices are expressed in euros all taxes included.
Prices include in particular the value added tax (VAT) at the rate in force on the date of order. Any modification of the applicable rate can impact the price of the products from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the product sold.
The prices take into account any reductions which would be granted by the seller on the site.
These prices are firm and not revisable during their period of validity, as indicated on the site.
The seller reserves the right to modify prices at any time. They do not include any delivery costs, which are billed in addition with regard to orders placed outside the mainland France. The delivery costs possibly applied are indicated to the customer prior to the placing of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs when applicable.
The prices indicated are valid, unless I am crossed. The applicable price is that indicated on the site on the date on which the order is placed by the customer.

7. Product availability

The seller undertakes to deliver the product on the date or within the period indicated to the Customer, unless the parties agreed otherwise.
The unavailability of a product is in principle indicated on the product page concerned. Customers can also be informed of the restoration of a product by the seller.
In any event, if, by extraordinary, the product was unavailable, the seller undertakes to inform the customer without delay.
If the Customer decides to cancel his order for unavailable products, he will obtain the refund of all sums paid for unavailable products at the latest in the fourteen (14) days of the date on which the contract was denounced.

8. Payment conditions

8.1. Means of payment

The price is payable cash, entirely on the day of the order by the Customer, by secure payment, according to the following terms:

• By bank cards: visa, mastercard, soul and other blue cards,
• By Paypal,
• By Apple Pay,
• By Alma,

Payment data is exchanged in encrypted mode by Stripe and Paypal payment providers.

8.2. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the customer must contact the seller's customer service in order to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the customer would prove impossible, the order would be canceled and the sale automatically terminated.

9. Deliveries

The deadlines for preparing an order and then establishing the invoice, before shipping products in stock, are mentioned on the site. These deadlines agree outside weekends and holidays.
An electronic message will be automatic sent to the customer at the time of shipping products, provided that the email address in the registration form is correct.
Details of delivery times are indicated on the site. In the absence of an indication or agreement regarding the delivery date, the seller delivers the product without unjustified delay and at the latest thirty (30) days after the conclusion of the contract (Article L. 216-1 of the Consumer Code).
In the event of multiple orders, the products ordered can be delivered in several times.
The seller undertakes to make all his efforts possible to deliver the products ordered by the customer within the above time. However, these deadlines are communicated as an indication. Nevertheless, if the products ordered have not been delivered within 30 days after the conclusion of the contract, for any other cause than force majeure or the fact of the customer, the sale may be resolved by registered letter with request for Reception notice or by a writing on another sustainable medium, if, after having enjoined, in the same way, the seller to make the delivery within a reasonable additional time, the latter did not execute himself within this period.
The contract is considered to be resolved upon receipt by the seller of the letter or the writing informing him of this resolution, unless the seller has been executed between time
The customer can immediately resolve the contract when the seller refuses to deliver the product or when he does not carry out his obligation to delivery of the product on the date or at the expiration of the period provided for in the first paragraph of article L. 216 -1 and that this date or this period constitutes for the customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the customer before the conclusion of the contract. (Article L.216-2 of the Consumer Code).
The sums paid by the customer will then be returned to him at the latest within fourteen days (14) following the date of denunciation of the contract, excluding any compensation or retained (Article L.216-3 of the Consumer Code).
Deliveries are provided by a carrier selected by the seller, to the address mentioned by the Customer when ordering and at which the carrier can easily access.
When the Customer himself took charge of calling on a carrier he chooses himself, delivery is deemed to be made upon the delivery of the products ordered by the seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier that it is up to the delivery and has no warranty recourse against the seller in the event of a defect in delivery of the goods transported.
The seller is responsible until the product is delivered to the customer.
The customer is required to check the condition of the products delivered. In the event that the package is damaged, the customer is invited to refuse the package and to explain his refusal by written reservations.
It has a period of three (3) days from delivery to notify the carrier and the seller the damage or partial losses noted during delivery. After this period, the products will be deemed to comply with any apparent defect and no complaint can be validly accepted by the seller.
The seller will reimburse or replace as soon as possible and at its expense, the products delivered whose defects of conformity or the apparent or hidden defects will have been duly proven by the customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these general conditions of sale (see guarantees, in particular).

10. Risk transfer

Whatever the date of the transfer of ownership of the products, the transfer of the risks of loss and deterioration relating to it, will not be carried out until the customer physically takes possession of the products. Products therefore travel at the seller's risks and dangers.

11. Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days of receipt of the product to exercise his right of withdrawal to the seller, without having to justify a reason or to pay penalty, to end of exchange or reimbursement.
For this, the product must be returned within 14 days of the notification to the seller of the customer's withdrawal decision to the address communicated to him by the seller when the customer has expressed his intention to return the product.
In the event that the customer has ordered several products via a single order giving rise to several deliveries (or in the case of an order for a single product delivered in several lots), the withdrawal period will expire fourteen (14) days after The day when the customer, or a third party other than the carrier and appointed by the customer, physically takes possession of the last good.
The customer's responsibility is only engaged in the depreciation of the property resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of this product. In other words, the Customer has the possibility of testing the product but its responsibility may be engaged if it proceeds to manipulations other than those which are strictly necessary.
The customer can exercise his right of withdrawal by any declaration devoid of ambiguity expressing the desire to withdraw sent by email to the address contact@chemtov.com.
The exchange or reimbursement of the returned product (s) will be carried out by the seller under the conditions detailed within the accessible return policy here.

12. Packaging

The products will be packed in accordance with the transport standards in force, in order to guarantee maximum protection for products during delivery.
Customers undertake to comply with the same standards when they return products under the conditions set out in article 11 - right of withdrawal.

13. Guarantee

Apart from the commercial guarantees that the seller could offer for certain products, any customer has "legal" guarantees, for all the products, which are detailed below, in accordance with article L.111-1 of the code of code the consumption.

Article 13.1. Compliance

Article L. 217-4 of the Consumer Code:

“The seller delivers a good in accordance with the contract and responds to existing compliance faults during issuance.
He also responds to compliance defects resulting from the packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility ”.

Article L.217-5 of the Consumer Code:
"The property is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:

• If he corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
• If it presents the qualities that a buyer may legitimately wait for public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted ”.

The seller is likely to answer for compliance defects existing during delivery and compliance defects resulting from packaging, mounting instructions or installation when it has been charged or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the product (Article L.217-12 of the Consumer Code)

In the event of a lack of compliance, the customer may request the replacement or repair of the product, at his choice. However, if the cost of the customer's choice is obviously disproportionate with regard to the other possible option, given the value of the product or the importance of the defect, the seller may make a refund, without following the option chosen by the customer.
In the event or a replacement or repair would be impossible, the seller undertakes to return the price of the product within thirty (30) days upon receipt of the returned product and in exchange for the return of the product by the customer to the address which He will be communicated to him by the seller when the customer has expressed his intention to return the product. Finally, the Customer is exempt from reporting proof of the existence of the lack of compliance of the product during the twenty-four (24) months following the delivery of the product except for second-hand goods for which this period is set at six ( 6 months. (Article L. 217-7 of the Consumer Code)

It is specified that this legal guarantee of compliance applies independently of the commercial guarantee granted, if necessary, on the products.

Article 13.2. Guarantee of hidden defects

The seller is required of the guarantee for the hidden defects of the sold product which make him unfit for the use to which it is destined, or which decreases this use so much that the customer would not have acquired it, or would have given it that a lower price, if he had known them. (Article 1641 of the civil code)
This guarantee allows the customer who can prove the existence of a hidden defect to choose between the reimbursement of the price of the product if he has returned and the reimbursement of part of his price, if the product is not returned.
In the event that a replacement or repair is impossible, the seller undertakes to return the price of the product within thirty (30) days upon receipt of the returned product and in exchange for the return of the product by the customer to the following address : Chemtov, 111 boulevard de la Millière, 13011 Marseille.
The action resulting from crumbling defects must be brought by the customer within two (2) years from the discovery of the vice. (Paragraph 1 of article 1648 of the Civil Code).

14. Responsibility

The seller's responsibility cannot in any case be engaged in the event of non -performance or poor execution of the contractual obligations attributable to the Customer, in particular when entering his order.
The seller cannot be held responsible, or considered to have failed here, for any delay or non -performance, when the cause of delay or non -performance is linked to a case of force majeure as defined by case law French courses and courts.
It is also specified that the seller does not control websites which are directly or indirectly linked to the site. Consequently, it excludes any responsibility for the information published there. Links to third -party websites are only provided for information and no guarantee is provided with regard to their content.

15. Force majeure

The parties cannot be held responsible if the non-execution or the delay in the execution of any of their obligations, as described in the present result from a case of force majeure, in the sense of Article 1218 of the Civil Code.
There is a force majeure in contractual matters when an event escaping the control of the debtor, which could not be reasonably provided for when the contract is concluded and whose effects cannot be avoided by appropriate measures, prevents the execution of its obligation by the debtor.
The party noting the event must without delay inform the other part of its impossibility to perform its service and justify it with it. The suspension of obligations may in no case be a cause of responsibility for non-execution of the obligation in question, nor induce the payment of damages or penalties of delay.
The execution of the obligation is suspended for the duration of the force majeure if it is temporary, unless the delay that would result in the resolution of the contract.
Consequently, as soon as the cause of the suspension of their reciprocal obligations will disappear, the parties will make all their efforts to resume normal execution of their contractual obligations as quickly as possible. To this end, the prevented party will warn the other of the resumption of his obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final, these will be purely and simply resolved as of right and the parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
During this suspension, the parties agree that the costs generated by the situation will be borne by the prevented part.

16. IT and freedoms

The seller collects personal data on the site concerning his customers which are necessary for the processing of his order, the establishment of invoices, the processing of his requests for information and, if the customer has expressly chosen this option, Newsletters, unless the customer no longer wishes to receive such communications from the seller.
These data can be communicated to any subcontractors of the seller responsible for the execution, processing, management and payment of orders.
The customer is invited to consult the seller's privacy policy accessible to the following address: https://www.chemtov.com/policies/privacy-policy which will give it more information relating to the protection of personal data, processing carried out via the site and the terms of exercise of rights.

17. Intellectual property

All the visual and sound elements of the site, including the underlying technology used, are protected by copyright, the law of brands and/or patents.
These elements are the exclusive property of the seller. Anyone who publishes a website and wishes to create a direct hypertext link to the site must request the authorization of the seller in writing.
This authorization from the seller will in no case definitively granted. This link must be deleted at the seller's request. Hypertext links to the site that use techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Any total or partial reproduction of the site and its content, by any process whatsoever, without the express prior authorization of the seller, is strictly prohibited and will constitute an offense of counterfeiting, or an infringement of database producer rights , sanctioned by the provisions of the Intellectual Property Code.
Acceptance of these GTCs is worth recognition by the customer of the seller's intellectual property rights and commitment to respect them.

18. Validity of the General Conditions

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these general conditions cannot affect the validity of these general conditions. Such a modification or decision does not in any way allow customers to ignore these general conditions.
All conditions not expressly dealt with in these will be governed in accordance with the use of the trade sector to individuals, for companies whose head office is in France.

19. Modification of general conditions

These general conditions apply to all purchases made online on the site, as long as the site is available online.
The general conditions are precisely dated and may be modified and updated by the seller at any time.
The applicable general conditions are those in force at the time of the order.
The changes to the general conditions will not apply to the products already purchased.

20. Applicable law - Language

These general conditions of sale and the operations resulting from it are governed and subject to French law.
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text is faith in the event of a dispute.

21. Disputes

All the disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have Being resolved between the seller and the customer will be submitted to the competent courts under the conditions of ordinary law.
However, prior to any use of the arbitral or state judge, the customer is invited to contact the seller's complaint service.
If no agreement is reached or if the customer justifies having tried, beforehand, to resolve his dispute directly to the seller by a written complaint, an optional mediation procedure will then be proposed, carried out in a spirit of loyalty and good faith In order to achieve an amicable agreement when there is any conflict relating to this contract, including on its validity.
To start this mediation, the customer can contact the mediator of the consumption of the professional e-commerce federation and distance selling (Fevad), to the following contact details:

FEVAD e-commerce mediator service
60 rue La Boétie - 75008 Paris

The mediator can be entered via this link: https://www.mediatevad.fr/index.php/ Espace-consmator/
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt by indicating the elements of the conflict.
Mediation does not have a compulsory character, the customer or the seller can withdraw from the process at any time.
In the event that mediation fails or is not envisaged, the dispute having been able to give rise to mediation will be entrusted to the competent jurisdiction designated above.