Terms and conditions of use

 

The Platform France-Mall allows the linking (hereinafter the "Linking") of sellers advertisers (hereinafter the "Sellers") and buyers (hereinafter the "Buyers") of new products (  hereinafter the "Products").  Sellers and Buyers are hereinafter jointly referred to as Members.  The France-Mall Platform allows the conclusion of sales contracts for the Products.  Members are the sole decision-makers for the materialization of the purchase and sale of the Products.

 

The acceptance of these General Terms and Conditions of Use of the France-Mall Platform by the Members is equivalent to the mandate given to France-Mall to put Sellers and Buyers in contact with each other and to operate the Transactions carried out on the France-Mall Platform in accordance with the following terms and conditions.

Buyer : means a Member who has indicated his acceptance of a Seller's offer.

 

Base of References : refers to the internal database of the France-Mall Platform comprising, in particular, the Product Codes of Products that may be the subject of an offer by a Seller.

 

Product Code : designates, in singular and plural form, the EAN (barcode) code or equivalent constituting the identifier of a Product as described in the France-Mall Documentation Basis of Reference.

 

Commission : means the remuneration received by France-Mall for the use of the France-Mall Platform.

 

Member : means any natural person aged 18 (eighteen) years of age, legally capable, as well as any legal person, resident or registered in a State imposing obligations in terms of the fight against money laundering and the financing of terrorism, likely to  make use of the France-Mall Platform after acceptance of the Terms of Use and if applicable the Conditions applicable to Professional Sellers.

 

France-Mall platform : designates the functional and organizational structure set up by France-Mall to link Salespeople and Product Buyers.  The offers are made according to the telecommunications IT means described on the France-Mall site.

 

Price : refers to the price offered by the Seller for his offer to sell a Product.  The price includes the Commission de France-Mall.

 

Transaction Price : means the total price of the Product payable by the Buyer, including, in addition to the Product Sale Price, the fixed shipping costs.

 

Product : means the Products mentioned in the Documentation France-Mall, likely to be the subject of a Relationship by the Platform France-Mall.

 

Prohibited Product : means Products contrary to morality or unauthorized by virtue of legislative, regulatory or contractual provisions.  These include Products that would constitute infringing products within the meaning of the Intellectual Property Code or that would be sold in violation of selective or exclusive distribution networks.  This definition also applies to coupons or discount codes or promotional offers.

 

Seller : means a Member making an offer to sell a Product on the France-Mall Platform.

 

The purpose of these General Terms and Conditions of Use of the France-Mall Platform is to define the conditions under which Members are authorized to use the France-Mall Platform for the purpose of linking them.

3.1 France-Mall undertakes to make available to the Members on the France-Mall Platform the offers of the Sellers.  France-Mall receives, for this purpose, mandate from the Seller to make available to the Purchasers the offers provided by the Seller and to open in his name and on his behalf, an escrow account of the sums received during the transaction  .  France-Mall undertakes to ensure the processing of any claim arising from the sale of a Product on the France-Mall Platform.

 

3.2 France-Mall is in no way reseller of the Products within the framework of the Relation and does not enter, in the possession of said Products, unless particular mentions appearing in the present contract.

 

3.3 France-Mall can not guarantee that the Seller's Product will satisfy the Buyer.  Similarly, France-Mall can not guarantee to the Seller that the Product will not be returned or that the sale will not be canceled by the Buyer.

 

3.4 France-Mall puts in place a system allowing the Buyer, at the end of the transaction with a Seller, to determine satisfaction criteria according to a document communicated by France-Mall to the Buyer.

 

3.5 France-Mall may delete from its servers, without notice, all the signals, writings, images, messages and other elements of the Seller's offer and stored at its request when this offer has been offline for more than six consecutive months.

 

4.1 The Purchaser acknowledges that his acceptance of the offer is made in consideration of the description of the Product that is the subject of the Sale and that it constitutes a firm commitment to contract with the Seller on the terms of the offer.  However, the sales contract is concluded under the resolutory condition that the ordered Product is available.  The confirmation of the availability of the Product by the Seller implies the lifting of the resolutory condition.  In case of cancellation of the availability of the Product, the sales contract concluded between the Buyer and the Seller is automatically and immediately resolved and the obligations of each party are revoked by operation of law.  It is specified that in the case of a sales contract covering several Products, only the sales contract relating to the unavailable Product will be resolved.

 

4.2 France-Mall will notify the receipt and receipt of the Transaction Price to the Buyer and the Seller by e-mail.

 

4.3 France-Mall is the only one authorized to order the escrow account to proceed to the payment, for the benefit of the Seller, of the Transaction Price minus the Commission when the Buyer has confirmed to France-Mall the good reception of the Product conforming to  the offer and giving satisfaction in this regard, hereinafter the release of the Price of the Transaction.

 

4.4 In the absence of express confirmation from the Buyer or in the absence of notification of the non-receipt of the Product, its agreement on the Transaction shall be deemed to have been acquired at the end of a maximum period of eight weeks after the order.  This payment will be made according to the methods indicated in the Documentation France-Mall.

 

4.5 The Seller agrees in advance that the payment by France-Mall of the Transaction Price may be delayed, on the one hand for reasons related to banking constraints and for a period of three business days, and on the other hand in  hypothesis of a claim by the Purchaser during the examination period thereof by France-Mall.

 

4.6 As soon as the Buyer has accepted the offer of the Seller, that the latter has confirmed the availability of the Product subject of the offer and that France-Mall has cashed the full settlement of the Price of the Transaction of the Buyer,  France-Mall will communicate to the Seller the details of the Buyer.  Upon request, France-Mall will provide the Buyer with the details of the Professional Seller.

5.1 By registering with France-Mall, the Member has a unique identifier and a personal access code strictly personal, which he undertakes to keep confidential.  The Registered Member is the only one authorized to use the France-Mall Platform using the identifier and the nominative access code.  The Member undertakes not to offer any other person access under his identity or his ID to the Platform France-Mall.  In the event that he becomes aware of another person's access to it, the Member will inform France-Mall without delay and will confirm this information by e-mail.

 

5.2 The Member agrees not to take a login offensive, contrary to public order or morality, infringing the rights of third parties, laws and regulations and the image of France Mall.  The Member will not adopt, for example, an identifier infringing a registered trademark, a corporate name or any directly or indirectly nominative data.

 

5.3 The Member agrees not to create or use other accounts than the one originally created, whether under his own identity or that of third parties.  Any derogation from this rule must be the subject of an explicit request from the Member and an express, prior and specific authorization from France-Mall.  The creation or use of new accounts under its own identity or that of third parties without having requested and obtained the authorization of France-Mall may result in the immediate suspension of the Member's accounts and all associated services.

 

5.4 In the event of dispute between the Members, the parties agree that the production by France-Mall of the recordings on the servers of France-Mall of the use of the Platform France-Mall and in particular the nominative access codes of the Member will prevail  between the parties.

 

5.5 In particular, the Member is prohibited from selling, selling and / or buying, directly or indirectly, any Prohibited Products, as well as from using information to which he has access through the Platform France-Mall to proceed with  the purchase or sale of such Prohibited Products.  The Member undertakes to inform France-Mall without delay in the event that he notices the online offer of such products.  France-Mall reserves the right to request proof of purchase from Members who may offer Prohibited Products on the France-Mall Platform.  These justifications will only be intended for France-Mall, in order to appreciate the legality of the origin of the products put on sale on the Platform.

 

5.6 France-Mall reserves the right to immediately suspend the account of the Member and the sums appearing therein and to inform the competent authorities of any purchase, offer to sell, or any attempted offer of sale on the French Platform.  Mall of Prohibited Products.

 

5.7 The Member undertakes to respect the conditions of use attached to the discount coupons likely to be awarded by France-Mall.

 

5.8 In the event of non-compliance with the provisions of Articles 5.7, 6.1 and 6.4, the Member shall be liable, notwithstanding the payment of sums principally due, to a contractual penalty equal to 20% before tax of the amount in question (value of  coupons or commission amount) with a minimum of one hundred (100) euros excluding tax.

The Member authorizes France-Mall to collect these sums from the escrow account in accordance with articles 6.8 and following.

 

5.9 The Member undertakes to provide accurate information as to his identity, address and other data necessary for access to the France-Mall Platform and to update any modification concerning this information.  The Member will be in charge of the actual receipt of e-mails sent to him by France-Mall, in particular by setting his e-mail so that emails sent from an address in "@ france-mall.com" are perfectly  forwarded to his inbox.

 

5.10 As part of its legal obligations of vigilance in the fight against crime, terrorism and money laundering inherent in its status as agent of the company France-Mall or his designated representative may carry out an identity verification  of the Member as soon as the sums credited on his Wallet exceed the amount fixed by the regulations.  This verification will be systematically performed when opening an account on the France-Mall Platform by a professional seller.  During an audit, the Member will have to communicate as soon as possible and according to the modalities fixed by France-Mall, a copy of his valid credentials.  The Professional Seller will be required to provide information on his business and the case to his company (including statutes, capital structure, identity of the main partners and managers, etc.) Access to the wallet of the Member  and activation of the Professional Seller account may be suspended until the identity verification has been fully completed.

6.1 The Seller undertakes that any offer of a Product corresponds to a material good of which he has the full and complete property and capacity of sale and available immediately or whose property (s), ability to sell and availability will be  some for Products offered for pre-order.

It is therefore not possible to offer for sale any intangible property such as, for example, a domain name, a hypertext link, an account associated with an online gambling universe, a claim or a corporate share.

 

6.2 The Seller undertakes to describe the Product offered for sale according to the criteria selected by France-Mall available on request.  The description of the Product must correspond to its actual characteristics.  The Seller will mention at a minimum: the name of the product, the essential characteristics of the Product, its state of use, the Price of the Transaction and, if applicable, the Product Code.  The Seller also undertakes to keep his inventory up to date.

 

6.3 The Seller is solely responsible for the proper performance of the obligation to inform the Purchasers of the essential characteristics of the Product and, if applicable, the evaluation of shipping costs.  He is solely responsible for the description of the Products he offers for sale.  It guarantees France-Mall any claim relating to the content and form of the said description.  The Seller undertakes to carry out all validations, verifications and make all necessary clarifications so that the description and the elements of the offer are faithful and do not induce the Buyer in error.  In case of error of the description, the elements of the offer and / or in the evaluation of the shipping costs, the Seller will assume only the possible additional costs and no claim on his part will be admissible as such with the  Buyer only from France-Mall.

 

6.4 The Seller undertakes to confirm or cancel his offer of sale within three working days of receipt of an email from France-Mall informing him that the Product offered by him on the Platform France-Mall has found  purchaser.  Failure to reply on his part after a period of three working days will invalidate the offer of sale.  After two deficiencies in the response to the email, France-Mall will temporarily suspend the offers of the Vendor of the Platform France-Mall.

 

6.5 Issuance of the Product to the Buyer.

 

6.5.1 The Seller is solely responsible for the proper performance of the obligation to deliver the ordered Product to the Buyer.

 

6.5.2 The Seller agrees to send, at his expense, the properly packaged and protected Product no later than two working days after the date of communication of the Buyer's address.  In the event of unavailability of the Product ordered from a Seller, the latter may provide a Product of equivalent quality and price to the Buyer.  The Product travels at the risk and expense of the Seller.

 

6.6 The Seller undertakes not to include in the Product any advertisement for himself or for anyone in any form whatsoever (for example: message, brochure, flyer, sticker stick ...).  The Buyer's contact details must be used solely for the purpose of executing the order and the legal obligations associated with it.  Any other use, rental, sale, resale or copy by the Seller is expressly prohibited.

 

6.7 Obligations of professional sellers.

 

6.7.1 Seller acting in a professional capacity must identify himself to France-Mall in that capacity.  France-Mall reserves the right not to contract with a professional seller.

 

6.7.2 France-Mall reminds the Seller acting in a professional capacity of its obligation to comply with the laws and regulations relating to the exercise of a commercial distance selling activity in a professional capacity.  In particular, he must ensure his declarative obligations of a social or fiscal nature.  The Seller shall comply with the regulations on waste electronic and electrical equipment, the guarantee of conformity and commercial guarantees.

 

6.7.3 The Seller agrees to establish free of charge for the benefit of the Purchaser a certificate of the sale made and an invoice complying with the legal requirements designating the Product sold and the Price of the Transaction.  This certificate must in particular mention the existence and terms of exercise of the right of withdrawal from France-Mall for the Buyer.

 

6.7.4 The Seller agrees to comply with the General Terms and Conditions of France-Mall.

 

6.8 Financial provisions.

 

6.8.1 The Seller authorizes France-Mall to collect, in his name and on his behalf, the Transaction Price via the secure electronic

payment system set up on the France-Mall Platform or by any other means, which  would be subsequently validated by France-Mall.

 

6.8.2 For this purpose, the Seller authorizes France-Mall, in his name and on his behalf, to open an escrow account of the sums collected, from the bank chosen by France-Mall or any other financial institution offering services.  equivalents which would be substituted for it.  The parties agree that this escrow account will only be used for the purposes of executing the General Terms and Conditions of Use of the France-Mall Platform and in accordance with its provisions.  The Seller expressly waives the right to benefit from the sums (interest or otherwise) that may be generated by the immobilization of the amounts received on the occasion of the transaction.

 

6.8.3 As compensation for the use of the France-Mall Platform, the Seller authorizes France-Mall, by the mere fact of the acceptance of the offer by the Purchaser and the perfect payment by him of the Price of the  Transaction, to retain on the Total Price of the Transaction a Commission determined according to the modalities defined in article 6.8.4 below.  The Commission is payable by the Seller even in case of return of the Product by the Buyer or cancellation of the offer of sale by the Seller, except for the fault of France-Mall.

 

6.8.4 The Commission charged to the Seller by France-Mall for each sale corresponds to the difference between the total amount paid by the Buyer and the amount repaid to the Seller according to the terms of the mandate transaction.

 

6.8.5 France-Mall will pay the Seller a lump sum for its participation in shipping costs by the Seller to the Buyer of the Product.  The terms of this support are described in the Documentation France-Mall under the heading "Shipping".

7.1 France-Mall may be brought, in exceptional circumstances and in order to fight against any fraud, to carry out a validation of the identity of the Buyer.  In the event of late communication or failure to properly communicate the information required by France-Mall as part of the validation of the identity, France-Mall may delay or cancel the execution of the transaction operated by the Buyer.  These data will only be sent to France-Mall.

 

7.2 The Buyer agrees to comply with all laws and regulations relating to the acquisition of property of any kind.  France-Mall has no control over the customs clearance fees and these will be borne by the Buyer.

 

7.3 The Buyer undertakes to have a standardized mailbox in accordance with the postal services' recommendations (dimension of the mailbox, indication of the contact details of the residents, etc.).

 

7.4 The fact that one or more Products ordered from one or more Sellers on the France-Mall Platform is not available (s) is not a reason for renouncing all the Products ordered;  the Buyer being bound by his acceptance of the offer of the other Product (s) available (s).

 

7.5 Upon receipt of the Product (s) ordered, the Buyer will confirm their compliance with the order.  Otherwise, the Buyer will file a claim under the conditions provided in Chapter 8. If after six weeks from the date of purchase, no confirmation or claim has been received, the transaction is deemed perfect.  The transaction is also deemed perfect upon confirmation from the Buyer.

 

7.6 The Buyer's assessment of the sale after receipt of the Product must be carried out in accordance with the evaluation grid made available on the France-Mall Platform.  The Buyer's assessment must be objective and honest, and must not include anything similar to insult or defamation.  France-Mall reserves the right to delete any assessment that does not comply with these rules.

 

7.7 - Unpaid - In case of unpaid due to fraudulent use of a payment method, France-Mall will apply to the Buyer a processing fee of an amount equal to 20% of the amount of the unpaid, without  these costs may be less than one hundred (100) euros excluding taxes.  The Member authorizes France-Mall to collect the amount of the unpaid amount, plus handling fees, on the Member's escrow account.

 

7.8 Any purchase made through the France-Mall Platform must be designed to meet the needs of personal consumption.  The Buyer is therefore warned that a Seller acting in a professional capacity will be entitled to refuse any order likely to have been made for commercial purposes including resale.

 

8.1 Claims for non-receipt or lack of conformity.

 

8.1.1 Any claim whatever its nature relating to a Product must imperatively be presented to France-Mall by means of the forms of the site specially provided for this purpose.  The claim must be detailed and clearly indicate the reasons for the dissatisfaction.  The Purchaser who files a claim may withdraw it at any time, any withdrawal being final.

 

8.1.2 Members shall act with all due diligence necessary for the proper resolution of the claim.  They will have to cooperate with France-Mall and issue him the necessary documents to process the complaint.  They undertake to respect the procedures for handling complaints established below or communicated by France-Mall.  In case of non-compliance with these terms, the claim will not be processed.

 

8.1.3 In case of complaint and until resolution of the claim, the Member's Wallet may be temporarily suspended by France-Mall.  In case of numerous claims against the same Member or a high cancellation rate from the same Member, France-Mall also reserves the right to temporarily suspend the Member's Wallet.

 

8.2 Amicable Resolution of the Claim Between the Seller and the Buyer.

 

Following the filing of a claim, and prior to the intervention of France-Mall, the Buyer and the Seller have a period of not more than five (5) working days to resolve amicably their dispute.  France-Mall can anticipate its handling of the claim as soon as an amicable resolution of the dispute appears to it impossible or untimely.  The Seller may propose to the Buyer to return part of the price to compensate for the problem with the received product.  In the event of acceptance of the Seller's proposal, the amount returned shall be credited to the Buyer's France-Mall Wallet.  The complaint is considered resolved and it is no longer possible to reintroduce a new one from France-Mall.

 

8.3 Non-receipt of the order

 

8.3.1 The Buyer agrees to wait a period of three weeks after the notification of a sale to file with France-Mall a claim in case of non-receipt, total or partial, of the Product ordered unless the Seller  acknowledges that he has not sent the said Product.  The refund may be subject to the prior notification by the Buyer of a declaration of honor certifying the non-receipt of the Product.

 

8.3.2 A claim of total non-receipt of the ordered Product, found to be founded by France-Mall may result, except fraud, the refund of the Buyer.

 

8.3.3 If, after two unsuccessful delivery attempts, the Product is returned to France-Mall and no complaint is made within three months after the notification, then the Buyer will be reimbursed in accordance with the  Article 8.7.  The Product will then become the property of France-Mall which will be able to dispose of it freely.

 

8.4 Failure to comply

 

8.4.1 A claim alleging the lack of conformity of the Product entails the obligation for the Buyer to return the Product or to communicate to France-Mall photographs of the Product in the manner indicated by France-Mall.

 

8.4.2 The return of a Product will only be accepted if it is the subject of a complaint and the Buyer follows the instructions issued by the after-sales service of France-Mall.  Buyer agrees to protect and properly package the Product to ensure its integrity during shipment.

 

8.4.3 After noting the non-conformity of the Product with the offer of the Professional Seller, the latter will proceed to an exchange by a Product of the same reference of the same or higher quality depending on its availability.  In this case, the Buyer will retain the possibility of requesting the refund.  In case of unavailability of the Product, France-Mall will refund the Transaction Price, if it has been debited from the account of the Buyer.  The Professional Seller may not refuse to change a returned Product due to non-compliance with its offer or refund the returned Product in case of unavailability of an identical Product in accordance with its offer.

 

8.4.4 If, after two unsuccessful delivery attempts, the Product is returned to France-Mall, the Product will become, after a period of three months, the property of France-Mall which may dispose of it freely.

 

8.5 Legal guarantees of conformity and latent defects - The provisions of this chapter are without prejudice to the provisions relating to the legal guarantee of conformity and hidden defects annexed hereto.

 

8.6 Right of withdrawal

 

8.6.1 Where a Product has been purchased from a Professional Seller registered as such on the France-Mall Platform, the Purchaser has a discretionary right of withdrawal.  This can only be applied within fourteen days of the actual receipt of the Product.  In the case of an order for several Products delivered separately or in the case of an order for a Product consisting of multiple lots or parts whose delivery is spread over a defined period, the aforementioned period starts from  receipt of the last Product or lot or piece by the Buyer.

 

8.6.2 The Purchaser must notify France-Mall of his wish by a declaration that is unambiguous within the deadlines set out via the forms available to him on the France-Mall Platform, or by the printable withdrawal form available here or by any other means. another useful means of his choice.  France-Mall will inform the Buyer of the terms of return of the Product to the Seller.  The Product must be returned complete, with all its accessories and documents in its original packaging (even opened or damaged for the purposes of its opening) and in a packaging to ensure the integrity of the Product during its transport.  The return must be made no later than fourteen days from the date of France-Mall's reply.

 

8.6.3 The retraction can not apply:

Products likely to deteriorate or expire quickly;  Products that have been unsealed by the Buyer after delivery and that can not be returned for reasons of hygiene or health protection;  Products which, after being delivered, and by their nature, are inseparably mixed with other products.

 

8.6.4 The Purchaser will be reimbursed for all amounts paid, including delivery charges (with the exception of additional charges arising from the fact that Buyer may have chosen a delivery method other than the least cost mode  standard delivery offered by the Seller).  This refund will be made no later than fourteen days from the date on which the request for retraction has been brought to the attention of France-Mall.  However, unless the Seller proposes to recover the Product himself, the refund of the Purchaser may be deferred until recovery of the returned Product or until the Buyer has provided proof of re-shipment of the Product.  the occurrence of the first of these facts being taken into consideration for repayment.

 

8.6.5 Return costs incurred during a retraction are the responsibility of the Buyer.

 

9.1 The Seller represents and warrants the right to transfer the assigned Product (s), which is (are) not in any way assigned, mortgaged,  encumbered or more generally vested in favor of a third party, and that the transaction it carries out is not likely to violate the rights of a third party.  The Seller certifies by the mere fact of the placing on line of the Product by his care that his sale complies with the legal rules in force, particularly with regard to the Code of the Intellectual Property and any particular regulation, as for example, with regard to  of the book, of the law of August 10, 1981 known as "Lang law".

Prior to any offer, the Seller will check if necessary, including the reading of any licenses or conditions of use of the Product, that the rights of use of the Product authorize it to assign.  The Seller guarantees and will compensate France-Mall at first request against any damage suffered by France-Mall and against any action for damages that would be brought against France-Mall on the basis of the violation of any right of any  third.

In the case of fraud (fraudulent copy, concealment, illegal importation ...), France-Mall will provide all necessary information, including registered, to the relevant departments responsible for the repression of said fraud and offenses.

France-Mall can not be held responsible for the insulting, defamatory and generally contrary to morality and laws in force comments posted by a Member.

 

9.2 Except for fault on its part, France-Mall can not be held responsible for any damage that may be suffered by a Member, in particular: operating or information losses.  France-Mall can not be held responsible for any malfunction, failure, delay or interruption of access to the Internet.

10.1 This contract is a contract of indefinite duration.  As such, it is terminable at any time by France-Mall or the Member without any particular reason by simple notification.

 

10.2 In the event that the Member commits one of the following contractual violations or infringements: sale of Prohibited Products, concealed commercial activity, rate of unavailability of products and / or abnormally high claims, opening of several accounts,  unpaid, fraudulent means of payment or any other fraud or criminal offense (including any attempt), France-Mall reserves the right to suspend the Member access to the Platform France-Mall, without prejudice to the full compensation of  damage possibly suffered by France-Mall;  the Seller can not invoke in this hypothesis the costs possibly incurred by him on the occasion of the putting on line of his Products.

 

10.3 The suspension only has effect for the future.  Thus, despite suspension for any reason whatsoever, the Member remains liable for the payment of the Commissions payable for a Relation made before the effective date of suspension.

 

11.1 France-Mall has the right to modify the present General Conditions of Use according to the evolution of its offer and the market.  Any changes will take effect immediately for online offers as soon as they are notified to Members by any means chosen by France-Mall.  They will not apply for transactions in progress at the time of their entry into force. Occasionally, France-Mall may interrupt the service for operational reasons, maintenance or in case of emergency.

 

11.2 The Member will connect to the France-Mall Platform using its own telecommunication terminal equipment.  France-Mall does not provide the Member with any material means, telephone installation, terminal equipment or other, software or subscription.

 

11.3 The personal data relating to the Members are collected, registered and stored in accordance with the provisions of the Law No. 78-17 of 6 January 1978, amended relating to computers, files and freedoms.  Members have the right of access and rectification provided by law to France-Mall responsible for the Platform France-Mall.

 

11.4 In the event of non-fulfillment of one of its contractual obligations, the party liable for this obligation shall not be considered as defaulting or liable for compensation, if the performance of the obligation has been made impossible by force majeure  .

 

11.5 The invalidity of one or more clauses of these Terms of Use will not invalidate these Terms of Use.

 

11.6 This contract is subject to French law.

Any dispute with a Member acting in a professional capacity and born on the occasion of its interpretation and / or execution is within the competence of the Commercial Court of Saint Denis De La Réunion.

 

12.1 Enhanced security measures are therefore put in place to allow the collection and processing of the Customer's personal data under the conditions guaranteeing their confidentiality, integrity and, more generally, their security in compliance with legal provisions, and  notably Law 78-17 of January 6, 1978 relating to Computers, Files and Freedoms, and the Decree of good practices.

 

12.2 The Customer is aware of the risks of using unsecured means of communication in the context of his exchanges with the site, which may potentially contain data concerning him.

This is why the Customer is provided with the means of communication to ensure the security of his personal data from his exchanges.

The Customer is therefore invited to use them to contact the site.

 

12.3 The Customer is informed that his personal data collected during the creation of his Account are mandatory.  Otherwise, the Customer will not be able to create an account and benefit from the online sales service offered by the France-Mall website.

 

12.4 In accordance with the Data Protection Act of 6 January 1978, the Customer has the right to access and correct personal data concerning him.

The Customer acknowledges that he may, at any time, object to the processing of his personal data by requesting the closure of his account.

 

12.5 Some pages of the Site may sometimes contain electronic images or "web beacons", which make it possible to count the number of visitors to the page.  In any case, the information obtained via these tags is strictly anonymous and simply allows to collect statistics on the use of certain pages of the Site, in order to better serve the Clients of the Site. No personal data will be collected by these web beacons.

 

The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.  It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.

 

The property is in accordance with the contract: 1 ° If it is fit for the customary use of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that he  presented to the buyer as a sample or model;  - it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;  2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.

 

The defects of conformity which appear within twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.

For used second-hand goods, this period is fixed at six months.

The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

 

In case of lack of conformity, the buyer chooses between repair and replacement of the goods.  However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect.  He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.

 

If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.  The same option is open to him: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 211-9 can not be implemented within one month of the buyer's complaint;  2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.  The resolution of the sale can not however be pronounced if the lack of conformity is minor.

 

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 reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use, that the buyer would not have it. acquired, or would have given a lower price, had he known them.

 

[...] the buyer has the choice to return the thing and to be refunded the price, or to keep the thing and get a part of the price, as it will be arbitrated by experts.  Article 1648 paragraph 1 Civil Code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.