These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the website www.after-beach.com/fr ( hereinafter the “WEBSITE”) with AFTER BEACH, Limited liability company, registered in the Toulouse Trade and Companies Register, under number 818 720 997 00019, with its registered office at 11 Impasse Aragon - 31130 BALMA - France - Tel: + (33) 06 24 80 78 90 (hereinafter the “SELLER”).
Any order placed on the WEBSITE necessarily implies the unconditional acceptance by the CUSTOMER of these General Conditions. You have the option of registering for free on the BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be solicited by telephone by a professional with whom you do not have a current contractual relationship, in accordance with the law n ° 2014-344 of March 17, 2014 relating to consumption. Any consumer can register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
Article 1. Definitions
The terms used below have, in these General Conditions, the following meaning:
"CUSTOMER": refers to the SELLER's co-contractor, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.
"PRODUCTS": refers to all the products available on the WEBSITE.
"TERRITORY": refers to Metropolitan FRANCE (excluding DOM / TOM).
Article 2. Purpose
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the WEBSITE is aimed at consumers and that professionals should contact the SELLER's sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of general conditions
The CUSTOMER agrees to carefully read these General Conditions and accept them, before paying for an order for PRODUCTS placed on the WEBSITE. 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 carefully read, download and print the General Conditions and to keep a copy. The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order of PRODUCTS. By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the WEBSITE
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 asked to provide information enabling him to be identified by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the WEBSITE. The follow-up of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers.
The CUSTOMER can also contact the SELLER's sales department at any time by going through the "CONTACT" page of the WEBSITE, in order to obtain information on the status of his order. The information that the CUSTOMER provides to the SELLER when placing an order 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.
Article 5. Orders
Article 5. 1. Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law. The CUSTOMER agrees to read this information carefully before placing an order on the WEBSITE. Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5. 2. Order procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
5. 2. 1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to his basket as he wishes.
5. 2. 2. Orders
Once the PRODUCTS have been selected and placed in his 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 himself or to register. Once the CUSTOMER has validated the contents of the basket and has identified / registered, an online form automatically completed and summarizing the price, applicable taxes and, where applicable, the costs of delivery. The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content. The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order. The CUSTOMER must also select the chosen delivery method.
5. 2. 3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the WEBSITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct. The SELLER does not send any order confirmation by post or fax.
5. 2. 4. Billing
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER). The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address. The CLIENT must also specify the means of payment chosen. Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original of the invoice on DELIVERY of the PRODUCTS, inside the package.
5. 3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not begin to run until this date.
5. 4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport). The prices include in particular the value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may 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 of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They can also be modified in the event of special offers or sales. The prices indicated are valid, except for gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
5. 5. Product availability
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER. In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable. In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
The modalities of the right of withdrawal are provided for in the "Returns Policy" section and can be accessed at the bottom of each page of the WEBSITE via a hypertext link.
Article 7. Payment
7. 1. Means of payment
The CUSTOMER can pay for his PRODUCTS online on the WEBSITE according to the means offered by the SELLER. The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the chosen means of payment. The SELLER will take all the necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the WEBSITE. As such, it is specified that all payment information provided on the WEBSITE is transmitted to the WEB SITE bank and is not processed on the WEBSITE.
7. 2. Payment deadline
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS order is placed on the WEBSITE. In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
7. 3. Delays 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 for the order by any other valid means of payment. In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment by the CUSTOMER. The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage of the PRODUCTS subject to the reservation. property, as well as the risk of damage they may cause.
Article 10. Delivery
The methods of DELIVERY of PRODUCTS are provided for in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in the "Returns policy" section.
Article 12. Guarantees
Apart from the commercial guarantees that the SELLER could offer for certain PRODUCTS, all Customers benefit from “legal” guarantees, for all PRODUCTS, which are detailed below, in accordance with article L.111-1 of the Code of the consumption.
12. 1. Guarantee of conformity
Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity 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, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
Article L.217-5 of the Consumer Code: "The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or 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 which the latter has accepted ”.
The SELLER is liable to respond to any lack of conformity existing during the delivery and any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him 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 conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his option. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address : AFTER BEACH - 11 Impasse Aragon - 31130 BALMA - France. Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity 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 conformity applies regardless of the commercial guarantee granted, if any, on the PRODUCTS.
12.2. Guarantee of hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold 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 not have given it. than 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 reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its 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 of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 11 Impasse Aragon - 31130 BALMA - France. The action resulting from fatal defects must be brought by the CUSTOMER within two (2) years of discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code).
Article 13. Liability
The responsibility of the SELLER can in no case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order. The SELLER cannot be held responsible, or considered to have failed in the present conditions, 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 case law. French courts and tribunals. It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the WEBSITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.
Article 14. Force majeure
The SELLER's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these GTC arises from a case of force majeure. There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the execution of its obligation. by the debtor. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code. As such, the SELLER cannot be held liable, in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as '' in the event of the occurrence of any circumstance or event outside the will of the SELLER occurring after the conclusion of the GTC and preventing execution under normal conditions. It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot bring any recourse against the SELLER.
In the event of one of the above events occurring, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
Article 15. Personal data
The SELLER collects on the WEBSITE personal data concerning its CUSTOMERS, including by means of cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidentially by the SELLER for the purposes of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a client or from your last contact if you are not yet a customer. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process.
AT for commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the WEBSITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER can also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals at with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as RGPD), the SELLER ensures the implementation œimplementation of the rights of data subjects. It is recalled that the CUSTOMER whose personal data is processed enjoys the rights of access, rectification, updating, portability and erasure of information concerning him, as well as a right to limit the processing in accordance with Articles 49, 50, 51, 53 and 55 of the Data Protection Act and the provisions of Articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge. The CLIENT can also define the fate of his data after his death and choose whether or not the SELLER communicates his data to a third party that the CLIENT has previously designated. The CUSTOMER can exercise these rights by going through the "CONTACT" page of the website or by sending a letter to: AFTER BEACH - 11 Impasse Aragon - 31130 BALMA France. Finally, the CUSTOMER can also file a complaint with the supervisory authorities and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
Article 16. Complaints
The SELLER provides the CUSTOMER with a “Customer telephone service” at the following number: +33 06 24 80 78 90 (number not surcharged). Any written complaint from the CUSTOMER must be sent to the following address: AFTER BEACH: 11 Impasse Aragon - 31130 BALMA or by e-mail to the following address: email@example.com or using the form on the page CONTACT WEBSITE.
Article 17. Intellectual property
All visual and sound elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and / or patent law. These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request the SELLER's authorization in writing. This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited. Any representation or reproduction, in whole or in part, of the WEBSITE and its content, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following and Articles L.713-1 and following of the Code of Intellectual Property. Acceptance of these GTC constitutes recognition by the CLIENT of the intellectual property rights of the SELLER and a commitment to respect them.
Article 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 authorize CUSTOMERS to disregard these General Conditions. Any conditions not expressly addressed herein will be governed in accordance with the usage of the retail sector, for companies headquartered in France.
Article 19. Modification of the General Conditions
These General Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online. The General Conditions are dated precisely 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. Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 20. Jurisdiction and applicable law
THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A LITIGATION, ONLY THE FRENCH COURTS WILL BE COMPETENT.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SELLER's complaints department. If no agreement is found or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity. To initiate this mediation, the CLIENT can contact the mediator of the site: ec.europa.eu, whose contact details are: https://ec.europa.eu/info/departments/justice-andconsumers_fr and who can be entered via this link : https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest.
The party wishing to put in œThe mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
Mediation is not mandatory, the CUSTOMER or the SELLER may, at any time, withdraw from the process IN HYPOTHÈSE OR LA MEDIATION EWOULD LIKE OR WOULD NOT BE ENVISAGEDEE. THE LITIGATION THAT MAY GIVEN RISE AT A MEDIATION WILL BE CONFIDEDE AT THE COMP JURISDICTIONEDESIGN TENTEE.
Update: Friday, September 18, 2020