General Terms and Conditions of Sale
These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply to any order placed by a natural person (hereinafter the “CLIENT”) on the website https://youpeas.fr (hereinafter the “SITE”) with Youpeas SAS, registered in the Paris Trade and Companies Register under number RCS 843 972 720, having its registered office at 229 rue Solférino, 59000 LILLE, France, telephone: 07 77 36 63 05, email: email@example.com (hereinafter the “YOUPEAS”) and agree as from 25 February 2019. These General Conditions are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the order. The customer is invited to read carefully, download, print and keep a copy of the General Terms and Conditions. YOUPEAS advises the customer to read the General Terms and Conditions with each new order, the latest version of which applies to all new orders for products. Any access to or use of the Site implies full compliance with and acceptance of all the General Terms and Conditions. The customer acknowledges having read, understood and accepted the General Conditions without limitation or condition before placing an order. In the event that you do not wish to accept all or part of them, you are asked to waive any use of this Site. YOUPEAS reserves the right to modify the terms, conditions and notices of these General Conditions. These modifications are deemed to be accepted without reservation as soon as you access the Site, after this publication. You acknowledge that these Terms and Conditions constitute a complete and exclusive agreement between you and YOUPEAS regarding your use of the Site. The General Terms and Conditions apply to all orders placed through the Site, regardless of the clauses that may appear on the customer’s documents. YOUPEAS’ offers on the Site are intended solely for individuals. YOUPEAS reserves the right to refuse the benefit of its offers to any professional reseller and to cancel at any time, from the date of the order and for a period of 12 months following the scheduled delivery date, any order placed by a professional. Any product and sample available on the Site (hereinafter referred to as the “Product(s)”) are for personal use only. You therefore undertake not to sell or resell the YOUPEAS Products and samples that you buy or receive. To be able to order, the customer must be at least 18 years old and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives. YOUPEAS reserves the right to cancel, limit or reduce the quantity of any order that may be made in violation of these General Terms and Conditions.
A detailed description of the Products is available when viewing each of them individually on the Site. The system thus set up requires an active approach on your part. It complies with the legal requirements for online sales and consumer protection. To order the desired Products, enter the product sheet of the items you wish to buy by clicking on their photo, choose the desired quantity, then click on “Add to cart”. Your choices will be automatically added to your shopping cart. You have the possibility to choose several Products of the same reference by changing the quantities in the summary of your order. You can also cancel one of the previously selected Products by entering “0” in the quantity column or by clicking on the “X” button next to each Product. To take these changes into account, you will need to click on the “enter” button on your keyboard or click on “update cart”. Once you have selected all the desired Products, you can go to the “Shopping Cart” page. Check that the products and quantities in your basket then click on “Proceed to checkout”. Then fill in the form with your full contact details. If you forget, your order will not be valid. At the end of the form, do not forget to tick the box “I HAVE READ AND AGREE THE GENERAL TERMS AND CONDITIONS OF SALE”, otherwise you will not be able to confirm your order. Then click on “Go to payment” and enter your credit card numbers. Finally, click on “PAY”.
YOUPEAS undertakes to accept orders placed via the Internet, within the limits of available stocks, under the terms of the present contract, of which you must declare that you have read when you confirm the order. In accordance with Articles L. 111-1 et seq. and L. 121-17 of the Consumer Code, you must be able, before the conclusion of the contract, to know the essential characteristics of the Products (nature, quantity, substantial qualities, etc.), their price, the methods of payment accepted, the delivery period and restrictions as well as the time limit, conditions and procedures for exercising the right of withdrawal and the cases of exclusions from the exercise of this right. Before the conclusion of the sales contract, the “basket” page corresponds to an order form containing details of your entire order at the price including all taxes, which you may modify or cancel. To allow the validation of this order form it is necessary for you to acknowledge that the placing of your order entails the obligation to pay in full and to read the General Conditions by completing and checking the associated boxes and then clicking on the “Go to payment” button. Checking all the boxes mentioned above is an essential condition to enable you to validate your order. The fact for you to fill in the order form appearing on the Site, to confirm it by clicking on the button “Go to payment” then to pay it by entering your credit card information and by clicking on the button “Pay X euros” (X corresponding to the total amount of your order), implies full and complete acceptance of these conditions. The latter shall be the only ones applicable to the contract thus concluded. For any purchase on our Site, a confirmation e-mail will be sent to you containing as an attachment the purchase invoice, mentioning the number of your order, the details of the Products ordered as well as a link to your online account allowing you to follow the preparation of the Products.
In the event of stock shortage, YOUPEAS undertakes to inform you by e-mail at the e-mail address you have indicated as soon as possible. YOUPEAS will inform you of the procurement times necessary to obtain the desired Product or will offer you a replacement Product of equivalent value. YOUPEAS reserves the right to cancel all orders, non-compliant, suspicious, or placed in bad faith. In addition, we reserve the right to refuse any order from a customer with whom there is any previous or ongoing dispute. Any order will only be considered after receipt of full payment for the Products. YOUPEAS is not able to manage the remaining orders: if a Product is out of stock without a precise replenishment time, YOUPEAS will offer you a refund of the Product ordered, via the payment method used when you placed your order.
The prices displayed are in Euros and are inclusive of all taxes (VAT and all other taxes according to the rates applicable in France and in force at the time of the order) and are net prices which include the price of the Products, handling, packaging and storage costs. Prices are valid on the date of validation of the order. These may be modified later, without notice. They do not include the contribution to shipping and delivery costs, which may vary according to the amount, weight of the order and/or the country of shipment. Any order delivered outside metropolitan France may be subject to possible local taxes and customs duties at the customer’s sole charge and expense. The price indicated in the order confirmation is the final price expressed inclusive of VAT. Under no circumstances will YOUPEAS be required to bear any additional costs related to the delivery of the order excluding transport charges, described and invoiced at the time your order is placed on the Site. Any customs taxes may be requested by the carrier at the time of delivery. These customs duties and any taxes related to the delivery of an item are at your expense and are your responsibility.
TERMS OF PAYMENT
The customer guarantees to YOUPEAS that he holds all the authorizations required to use the chosen payment method. YOUPEAS will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of the online payment on the site. Payment for Products purchased on the Site is made in full, at the time of ordering. The Products remain the property of YOUPEAS until full payment of the order. Payments are made by credit card (Master Card, Visa, American Express) via the payment service provider MANGOPAY. It is hereby specified that all payment information provided on the site is transmitted to the site’s payment service provider, MANGOPAY, whose general conditions are available at the following link https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_EN.pdf. Your credit card will be charged at the time of validation of your order. To this end, you guarantee that you are the holder of the credit card to be debited and that the name on it is yours. Your credit card information is not stored on the Site and your payment can only be viewed in encrypted form using the SSL protocol (confirmed by the appearance of the “https” in the url displayed in your browser). If the debit of the credit card is refused by the payment service provider, the customer must contact YOUPEAS 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 will be cancelled.
YOUPEAS delivers to the following areas: Metropolitan France; Zone 1: Germany, Belgium, Luxembourg, Netherlands ; Zone 2: Austria, Spain, Ireland, Italy, Portugal, United Kingdom ; Zone 3: Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland ; Zone 4: Bulgaria, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania. No delivery can be made to a country not on this list, nor to post office boxes. YOUPEAS undertakes to do its utmost to deliver the Products ordered within the specified time limits, at the latest 30 days from the confirmation of your order. The delivery rates are as follows: Add 4€ VAT included for any order delivered in metropolitan France and less than 50 Euros of purchase. Free shipping for shipments to metropolitan France greater than or equal to 50 Euros of purchase; Add 8€ VAT included for any order delivered in Zone 1; Add 9€ VAT included for any order delivered in Zone 2; Add 10€ VAT included for any order delivered in Zone 3; Add 12€ VAT included for any order delivered in Zone 4. The order is delivered to the delivery address you have chosen. The information stated and recorded during the order is binding on you. In the event of an error in the wording of the recipient’s contact details, YOUPEAS cannot be held responsible for the impossibility in which it may be unable to deliver the product(s) following this error. In addition, in this case, YOUPEAS will not be able to make a second delivery. The price of the order after deduction of shipping costs will then be refunded to you, after YOUPEAS has received the returned package.YOUPEAS guarantees that the Products are in perfect condition when delivered to the carrier. In the event that the Products are severely damaged, your reservations must be made in writing with the carrier upon delivery, or at the latest 4 hours after delivery. A copy of these reservations must be sent to YOUPEAS by e-mail to firstname.lastname@example.org, no later than 12 hours after these reservations have been made. If the above procedure has been followed, and if it is thus proved that the reservations are due to the fact that the package and the Products are severely damaged, YOUPEAS at its choice will issue a credit note, refund the customer the price paid or make a new delivery of similar Products. No non-validated returns of Products will be accepted.
RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L. 121-21 et seq. of the Consumer Code, you have a period of 14 clear days from delivery to exercise your right of withdrawal. When the 14-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day. To exercise your right of withdrawal, please send us the withdrawal form available in Annex 1 to the following address: YOUPEAS – 229 rue Solférino – 59000 Lille, or on email@example.com. Upon receipt of your request, the customer service will contact you at the address provided in order to arrange for the return of Products whose direct costs remain at your expense. Packages must be returned to the following address: YOUPEAS – 2 rue Raoul Sberro – 95120 ERMONT. The refund will be made as soon as possible after receipt of the returned Product(s) and at the latest within 14 days of receipt and will be made via the payment method used for the purchase. However, the refund can only be made if the Product is returned in perfect condition, in its original packaging, accompanied by all possible accessories, instructions for use and documentation. In addition, Products unsealed and/or mixed inseparably with other products will not be refunded. Only you will be able to exercise this right of withdrawal. In the event of delivery to a person other than the customer, this right cannot therefore be exercised by the recipient of the order.
YOUPEAS undertakes to provide you with a property that complies with your order and current French legislation. In case of non-compliant delivery, you have up to 6 months after the delivery date to send your complaint to YOUPEAS. Beyond this period, YOUPEAS will no longer be able to guarantee the Products.
GUARANTEES FOR HIDDEN DEFECTS
The Products are subject to the conditions of the legal guarantees provided for in Articles L.211-4 to L.211-14 of the Consumer Code. In application of the provisions of article 1641 and following of the Civil Code, YOUPEAS is bound by the guarantee of hidden defects, i.e. “hidden defects of the thing which make it unfit for the use for which it is intended, or which reduce this use so much, that the customer would not have acquired it, or would have given only a lower price, if he had known them”. You are solely responsible for the choice of the Products, their preservation from delivery and their use. Under no circumstances can YOUPEAS guarantee that the order will meet your specific expectations.
RESERVATION OF OWNERSHIP
In accordance with the law of May 12, 1980, the Products delivered to you are sold under retention of title. The transfer of ownership is subject to full payment of the price of the Products on the due date agreed between the parties. The Products therefore remain the property of YOUPEAS until full payment of the orders.
YOUPEAS may under no circumstances be held liable in the event of non-performance or improper performance of contractual obligations attributable to the customer, in particular during the entry of his order. YOUPEAS may not be held liable, or considered to have failed to comply herewith, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals. It is also specified that YOUPEAS does not control websites that are directly or indirectly linked to the site. Consequently, it excludes any liability for the information published in it. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
YOUPEAS provides the customer with a “Customer Telephone Service” at the following number: 07 77 36 63 05 (number not surcharged). Any written complaint from the customer must be sent to the following address: Company Youpeas – 229 rue Solférino – 59000 Lille.
All visual and audio elements of the site, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of YOUPEAS. Anyone who publishes a website and wishes to create a direct hypertext link to the site must request YOUPEAS’ written permission. This authorization from YOUPEAS will under no circumstances be granted definitively. This link should be deleted at the request of YOUPEAS. Hypertext links to the site using techniques such as framing or in-line linking are strictly prohibited.
VALIDITY OF THE GENERAL TERMS AND 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 Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such a modification or decision does not in any way authorize customers to disregard these General Terms and Conditions. Any terms and conditions not expressly provided for herein shall be governed in accordance with the practice of the retail trade sector, for companies whose registered office is located in France.
MODIFICATION OF THE GENERAL CONDITIONS
These General Terms and Conditions apply to all product orders placed 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 YOUPEAS at any time. The applicable General Conditions are those in force at the time of the order. The modifications made to the General Conditions will not apply to products already purchased.
JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions as well as the relationship between the client and YOUPEAS are governed by French law. In the event of a dispute, only the French courts shall have jurisdiction. However, prior to any recourse to the arbitral or state judge, the Client is invited to contact the YOUPEAS claims department. If no agreement is reached, then an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any dispute relating to this contract, including its validity. The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. If, after seven (7) days, the parties are unable to reach an agreement, the dispute may be referred to a conventional or judicial mediator. In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be referred to the competent court designated above.
APPENDIX 1-RETRACTATION POLICY
The customer has the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen (14) calendar days after the day of the conclusion of the contract between YOUPEAS and the customer.
Notification of the right of withdrawal
To exercise his right of withdrawal, the customer must notify his decision to withdraw by means of an unambiguous statement (e. g. letter sent by post or e-mail to: firstname.lastname@example.org
He can also use the form below:
To the attention of YOUPEAS YOUPEAS telephone number: 07 77 36 63 63 05 YOUPEAS’ e-mail address: email@example.com I hereby notify you of my withdrawal from the contract for the sale of the product(s) below: -Invoice number : – Order form number: – Ordered on[____________]/received on[________________]. – Method of payment used: – Details of the products to be returned: – Name of the customer and, if applicable, the beneficiary of the order: – Customer’s address : – Client’s signature (except in the case of transmission by e-mail) – Date In order for the withdrawal period to be respected, the customer must send his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the customer, YOUPEAS undertakes to reimburse all sums paid without undue delay and, in any event, at the latest fourteen (14) days from the day on which YOUPEAS is informed of the customer’s intention to withdraw. YOUPEAS will refund using the same method of payment as the customer used for the initial transaction, unless the customer expressly agrees to a different method, in any event, this refund will not incur any costs for the customer.