General conditions of sale (Products) - Internet
ARTICLE 1 - Scope
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by SAS ZIMPLE ("the Seller") to consumers and non-professional buyers ("Customers or Customer"), wishing to acquire the products offered for sale by the Seller ("The Products") on the website www.zimple3d.com. They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
The Products offered for sale on the website www.zimple3d.com are the following:
- Accessories for 3D printers
The main features of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website www.zimple3d.com.
The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.zimple3d.com are not contractual and can not engage the responsibility of the Seller.
The Customer is obliged to refer to the description of each Product in order to know its properties and essential features.
Product offers are subject to availability, as specified at the time of placing the order.
The Seller's contact information is as follows:
Montée des Ecureuils
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in the store or through other channels of distribution and marketing.
These General Terms and Conditions of Sale are accessible at any time on the website www.zimple3d.com and will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure and the general conditions of use of the website www.zimple3d .com.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the purchase of the Customer is the one in effect on the website at the date of placing the order.
Unless proved otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and in writing. justifying his identity, at Montée des Ecureuils 83210 SOLLIES-PONT
The validation of the order by the Customer implies acceptance without restriction or reservation of the present General Conditions of Sale.
The Customer acknowledges having the necessary capacity to contract and purchase the Products offered on the website www.zimple3d.com.
ARTICLE 2 - Orders
It is up to the Customer to select on the website www.zimple3d.com the Products he wishes to order.
The contractual information is presented in English and is confirmed at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will be considered final only after the sending to the Customer of the confirmation of the acceptance of the order by the Seller by e-mail.
For orders placed exclusively on the internet, the registration of an order on the Service Provider's website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validating his order. The Customer has the opportunity to check the details of his order, the total price and correct any errors before confirming his acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes a proof of the contract of sale.
It is therefore the responsibility of the Customer to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website www.zimple3d.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer can follow the progress of his order on the website www.zimple3d.com.
ARTICLE 3 - Rates
The Products are supplied at the rates in effect on the website www.zimple3d.com, at the time of registration of the order by the Seller. The prices are expressed in Euros, HT and TTC.
The rates take into account possible reductions that would be granted by the Seller on the website www.zimple3d.com.
These rates are firm and non-revisable during their period of validity, as indicated on the website www.zimple3d.com, the Seller reserves the right, outside this period of validity, to change prices at any time. They do not include processing fees, shipping, transport and delivery, which are charged in addition, under the conditions indicated on the website www.zimple3d.com and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Any specific orders from the Customer may be considered. If necessary they will be the subject of an estimate previously accepted by it. The quotations established by the Seller are valid for a period of 30 days, from their date of establishment.
The order on estimate is considered accepted only after the payment of a deposit of 50% of the amount of the order.
An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 4 - Terms of payment
The price is payable in cash, in full at the date of placing the order by the Customer, by way of secure payment, according to the following terms:
- by credit card: Visa, MasterCard, American Express, other blue cards
- by Paypal
In case of payment by check, it must be issued by a bank domiciled in France or Monaco.
The cashing of the check is made upon receipt.
Payment data is exchanged in encrypted mode using the Stripe protocol.
In the event of late payment and payment of sums due by the Customer beyond the above deadlines, and after the payment date shown on the invoice sent to the latter, late fees calculated at the monthly rate of 0.89% of the amount of the purchase price shown on the invoice, will automatically be acquired automatically by the Seller, without any formality or prior notice.
Late payment will result in the immediate payment of all amounts owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring, as such, against the Customer.
Payments made by the Customer will only be considered final once the sums due have been received by the Seller.
In addition, the Seller reserves the right, in case of non-compliance with the terms of payment listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs incurred by the Seller for the use of a means of payment, may be billed to the Customer.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France (and anywhere in the world) to the address indicated by the Customer when ordering on the website www.zimple3d.com.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in the special case or unavailability of one or more Products, the Products ordered will be delivered at one time.
The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time specified above. However, these deadlines are given as an indication. However, if the Products ordered have not been delivered within 2 months after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be solved at the written request of the Customer under the conditions laid down in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deductions.
In the event of particular request of the Customer concerning the conditions of packing or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be the object of an additional specific invoicing, on estimate previously accepted in writing by the customer.
The Customer is required to check the status of the delivered products. It has a period of 14 days from the delivery to formulate by e-mail all reservations or claims for nonconformity or apparent defect of the delivered Products (for example damaged package already opened ...), with all the related justifications (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defects and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 6 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Seller's Products, for the benefit of the Customer, will be realized after full payment of the price by the latter, regardless of the delivery date of said Products.
Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto, will not be realized until the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days (at least 14 days after the notification of the withdrawal decision) following the notification to the Seller of the decision of Customer's withdrawal.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) for their return to the market in new condition, accompanied by the invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website www.zimple3d.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the desire to retract.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days days (not more than 14 days) from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article .
ARTICLE 8 - Seller's Liability - Warranty
Products sold on the website www.zimple3d.com comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by the Seller are automatically entitled to and without additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions,
- the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer benefits from a delay of two years as from the delivery of the good to act against the Seller: - can choose between the repair or the replacement of the Product ordered, subject to the cost conditions provided by Article L 217-9 of the Consumer Code, is exempted from providing proof of non-conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects Produced in accordance with Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the selling price according to 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or the existence of hidden defects within the deadlines set out below. above and return or return in store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions ...).
The Seller will refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective.
The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.
Refunds of Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of lack of conformity or hidden defect.
The refund will be made by credit on the Customer's bank account or by check sent to the Customer.
The Seller's liability can not be incurred in the following cases:
- failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
The Products purchased on the website www.zimple3d.com may benefit, in addition to the legal guarantees of conformity and latent defects of a contractual guarantee paid as indicated in the description of each Product concerned, according to the terms, conditions and prices listed in the appendix. these General Conditions of Sale (Guarantee Agreement).
The contractual guarantees cover see the conditions annex III to the exclusion of seeing the annexed conditions III.
Where applicable, the purchased Product also benefits from a manufacturer's commercial warranty (refer to the conditions of the manufacturer's warranty, if any, provided in the packaging of the said Product).
ARTICLE 9 - IT and Freedoms
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the Customer are necessary for the processing of his order and the establishment of invoices, including.
These data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition regarding the information concerning him.
This right can be exercised under the conditions and according to the conditions defined on the website www.zimple3d.com.
ARTICLE 10 - Intellectual Property
The content of the website www.zimple3d.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.
In addition, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the provision of Services to the Customer. The Customer therefore prohibits any reproduction or exploitation of such studies, drawings, models and prototypes, etc., without the express written permission of the Seller, which may condition it to a financial counterparty.
ARTICLE 11 - Forced Execution in Kind
In the event of default by either Party, the defaulting Party shall have the right to request the execution in kind of the obligations arising from the present. Notwithstanding the provisions of article 1221 of the Civil Code, the obligee of the obligation may continue this forced execution after a simple formal notice, addressed to the debtor of the obligation by formal notice remained unsuccessful, whatever may be the circumstances and even if there is a clear disproportion between its cost to the debtor and his interest in the creditor.
The Party suffering the default may, in the event of non-performance of any of the obligations incumbent upon the other Party, request the termination of the contract in accordance with the terms set out in the article "Resolution of the contract".
ARTICLE 12 - Exception of non-performance
The Parties declare expressly to waive the provisions of Articles 1219 and 1220 of the Civil Code of the regime of the exception of non-performance provided for therein.
Therefore, they undertake to execute fully and integrally the present ones even in case of failure on the part of one or the other.
ARTICLE 13 - Force majeure
The Parties can not be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 14 - Contract Resolution
15-1 - Provisions Common to Cases of Resolution
In any case, the injured party may claim damages in damages.
ARTICLE 15 - Governing Law - Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by 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 would be valid in case of dispute.
ARTICLE 16 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give place, concerning their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not have to be resolved between the seller and the customer will be submitted to the competent courts under common law conditions.
The Client is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of the consumption (C. consom., Art.L 612-1) or with the existing sectoral mediation bodies , and whose references appear on the website www.zimple3d.com or any alternative dispute resolution (conciliation, for example) in case of dispute.
ARTICLE 17 - Pre-contractual Information - Customer Acceptance
The fact for a natural person (or legal entity) to order on the website www.zimple3d.com implies full acceptance and acceptance of these General Conditions of Sale and obligation to the payment of the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be ineligible against the Seller.
ANNEX I - Provisions relating to legal warranties
Article L217-4 of the Consumer Code
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 was charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
- Be fit for the usual expected use of a similar good and, where appropriate: correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or a model present the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II - Cancellation form
This form must be completed and returned only if the Customer wishes to retract the order placed on www.zimple3d.com except exclusions or limitations to the exercise of the right of withdrawal according to the applicable Terms of Sale.
To the attention of
Montée des Ecureuils
Order of ................................................ ...........
Order number: ............................................. ..............
Client name : .............................................. .............................
Customer's address: .............................................. .........................
Signature of the Client (only in case of notification of this form on paper):
ANNEX III - Guarantee Agreement
The Seller ("Zimple") warrants Zimple branded material and accessories contained in the original packaging ("Zimple Product") against defects in material and workmanship, when used in accordance with user manuals and Zimple technical specifications, as well as other published recommendations on the Zimple Product and provided that they occur within ONE (1) YEAR from the date of the initial purchase by the end user . (" Period of guarantee ")
This warranty does not cover: (a) consumable parts, such as filters or shrink wrap, which diminish over time; (b) aesthetic defects, including, but not limited to, scratches, marks of shocks or defects of the protective plastics of the connecting ports; (c) damage caused by use with another product; (d) damage caused by accident, misuse, contact with liquid, fire, earthquake or any other external cause; (e) damage caused by the operation of the product for uses other than those described in the user manual, technical specifications or other published recommendations for that product; (f) damage caused by maintenance (including upgrades and extensions) performed by a person who does not represent the Seller; (g) a Zimple Product that has been modified to alter its functionality or capability without Seller's written permission; (h) defects caused by normal wear or otherwise due to normal aging of the Zimple Product;
If you submit a valid claim under this warranty, Zimple, at its discretion:
(i) repair the Zimple Product with new or used parts equivalent to new parts in terms of performance and reliability, or
(ii) replace the Zimple Product with a product that is at least functionally equivalent to new or used parts equivalent to new parts in terms of performance and reliability, or
(iii) refund the sale price in return for the return of your Zimple Product.
If a part or product is replaced or a refund is made, any replacement product will become your property and the product refunded or replaced will belong to Zimple.
A replacement part or product or a repaired Zimple Product will remain covered by the remaining warranty of the original Zimple product or for a period of ninety (90) days from the date of replacement or repair, if this coverage period is longer.