Terms and conditions
ARTICLE 1 : PARTIES
These terms of sale apply between:
On the one hand,
- SAS PRODEX, practicing under the sign PROFILESMARKET.COM, Capital Parc Industriel CHARTRES-Gellainville, 32 Avenue Louis Pasteur – 28630 Gellainville,
- Registered in the Trade and Companies Register of CHARTRES + 33 237 252 637
N ° SIRET 415 107 671
Editor of the website : ProfilesMarket
Publication Director: ProfilesMarket - CNIL declaration number Host: LEB Communication
On the other hand,
- By any natural person or legal entity wishing to make a purchase via the Internet website "profilesmarket.com" hereinafter referred to as "the buyer".
ARTICLE 2 : APPLICATION SCOPE
The buyer represents being at least eighteen years old and being legally qualified or holding the authorization allowing him(it) to commit himself(itself) under these terms of sale and thus to place an order on the site .
These conditions aim defining the terms of distance selling, from the order to the payment and the delivery.
They cover all the steps necessary for placing the order and ensure the follow-up of the order between the contracting parties.
The parties agree that their relations shall be exclusively governed by this contract.
The acquisition of a product through this site implies acceptance without reserve from the buyer of these terms of sale.
These conditions shall prevail over any other general or special conditions of sale not expressly approved by profilesmarket.com, unless prior express and written derogation granted by the seller.
Profilesmarket.com reserves the right to modify its terms of sale at any time, hence the need to read these terms and conditions for each new site visit.
In this case, the conditions will be those in force at the date of the order from the buyer.
ARTICLE 3 : DETAILS OF PROPOSED PRODUCTS
The products offered are those listed in the catalogue published on the web page of profilesmarket.com
The information contained in data sheets, catalogues, price lists and other documents are only indicative and the seller reserves the right to make any changes in layout, shape, material, performance and packaging of the products.
The photographs in the catalogue are as accurate as possible but cannot ensure a perfect similarity with the product offered, especially with regard to colours. Indeed, there may be several manufacturers for the same product, but they can be sold under the same name. If out of stock, profilesmarket.com reserves the right to change the product brand in an order if technical specifications remain the same or higher. This in no way affects the validity of the order and the delivery.
The products remain the property of profilesmarket.com until full payment of the price received by the seller.
If the buyer wishes to purchase a product with a view to achieve a coordinate or compatibility with a product already in his possession, this need must be clearly specified since profilesmaket.com shall not be liable for compatibility difficulties which could not be anticipated. Any special requests must be submitted for a special express approval beforehand from profilesmarket.com
ARTICLE 4 : PRICES
The product prices of profilesmarket.com are quoted in Euros, all French taxes inclusive, excluding postage.
The items are always invoiced at the rate in force at the time of delivery.
Full payment is due at the delivery of the items including postage.
Profilesmarket.com reserves the right to change prices at any time; but the products shall be billed based on the prices in force when the orders are registered.
The following conditions shall be applied in the framework of sales to professionals:
- No discount for anticipated payment;
- No quantity discount;
- No quality discount.
ARTICLE 5 : ORDER
Any order placed on the site must meet the normal requirements of a household.
The buyer who wishes to buy a product shall obligatorily:
- Fill in the identification form by indicating all the data requested or give his customer number if any;
- Complete on line the order form giving all the references of the selected products;
- Validate the order after having reviewed it;
- Pay according to the conditions provided;
- Confirm his order and payment.
The confirmation of the order implies acceptance of these terms of sale, the recognition of having perfect knowledge and waiver of his own conditions of purchase or other conditions.
All data provided and the confirmation registered shall be valid as proof of the operation.
The confirmation shall be worth as signature and acceptance of the operations executed.
profilesmarket.com shall communicate by email the confirmation of the order registered.
profilesmarket.com cannot be held as responsible for any data entry errors and consequences. In this context, the costs incurred for the return of the order shall be borne by the buyer.
ARTICLE 6 : PAYMENT TERMS
The price is due at the order, including shipping costs.
Payments must be made by credit card.
Credit cards issued by banks outside France must be international bank cards.
Payments shall be made via the secured system [ ] which uses SSL (Secure Socket Layer) ensuring that information transmitted is encrypted by software and that no third party can read it during transit on the network.
The buyer's account shall only be debited when sending the products available and only for the amount of products shipped and shipping costs based on the rates in force [link to the schedule of delivery].
ARTICLE 7 : SECURING PAYMENT
To ensure the security of payments, profilesmarket.com uses the secured payment service offered by [ ].
This service incorporates the SSL security standard. Confidential data (credit card number with 16 digits, expiration date and cryptogram) are directly transmitted coded without passing through the Company servers of profilesmarket.com.
The provision of online of the credit card number and the final confirmation of the order shall be valid as proof of completeness of the said order and shall apply as payability of the sums incurred further to the entering of the items on the order form.
This confirmation is valid as signature and express acceptance of all operations executed on the site.
ARTICLE 8 : CUSTON DUTIES
Any order placed on the website and shipped out of France may be subject to possible taxes and custom duties which are imposed when the parcel reaches its destination.
These custom duties and possible taxes related to the delivery of an item shall be borne by the buyer and are under the buyer’s responsibility.
profilesmarket.com is not required to check and inform the buyer on custom duties and taxes applicable.
It is advised to the buyer to check this point with the competent authorities of his country.
ARTICLE 9 : AVAILABILITY
Product offers and prices from profilesmarket.com are valid as long as they are visible on the site, within the limits of available stocks (except during promotional prices and price reduction). As far as products which are not stocked in the warehouses of profielsmarket.com, offers are valid subject to availability from the suppliers of profilesmarket.com.
On this point, indications on the availability of products are provided at the time of placing the order by the buyer.
Such information comes directly from suppliers; consequently errors or modification may remain.
Further to the application of Section L121-20-3 of the Consumer Code, in the event of unavailability of product after placing the order, the buyer shall be notified by email upon receipt of information from the supplier. The order shall be automatically cancelled and, if the account has been debited, the amount actually paid shall be immediately refunded to the buyer.
ARTICLE 10 : DELIVERY
Deliveries are made to the address indicated on the order form with an itemized invoice showing the amount of VAT. This address determines the postage costs which also depend on the mode of transport, the number of articles, the weight and the total amount of the order.
Profilesmarket.com delivers your orders in the European Union: Germany, Austria, Belgium, Cyprus, Denmark, Spain (excluding Canary Islands, Ceuta and Melilla), Estonia, Finland, France (excluding overseas territories), Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Czech Republic, United Kingdom (excluding Channel Islands), Slovakia, Slovenia and Sweden (non exhaustive list).
Due to higher transport costs in some countries of the European Union, the delivery of orders may be subject to additional billing.
If the user resides outside the delivery areas mentioned hereabove and wants a delivery abroad, the buyer may contact profilesmarket.com via email to obtain shipping terms and costs.
The company profilesmarket.com undertakes to indicate to the buyer before concluding the contract the date on which it agrees to deliver the good or provide the service.
In case of delay over seven days, the consumer may terminate the order by registered letter with acknowledgment of receipt.
The contract shall be considered broken as soon as profilesmarket.com receives the letter by which the consumer informs it on his decision in case of no delivery between the sending and the receipt of this letter.
The buyer exercises this right within 60 working days as from the date specified for the delivery of the item.
The company profilesmarket.com shall then be obliged to refund the sums paid within thirty days.
Profilesmarket.com endeavours to meet the delivery schedules mentioned on the site.
However it shall not be held responsible for any consequences of late delivery or loss of parcels caused by a third party to the transport contract, or due to the buyer, or by reason of a cause unpredictable and insurmountable representing a case of force majeure.
In case of non receipt of a parcel within the time specified, the buyer may notify profilesmarket.com through the customer service to investigate with the carrier.
This process may take up to twenty-one working days from the opening date.
If the product is found during such period, it will be re-routed to the address originally specified in the contract.
However, if the package is not found at the end of the period, it shall be considered as lost by the carrier.v In this case the sums paid shall be refunded to the buyer.
During the investigation period, no refund or return shall be made.
Upon receipt of the order, it is recommended to check that the products delivered comply with the order and indicate, where appropriate, on the delivery form -under the form of handwritten reserves along with the signature of the person who received the order- any irregularity concerning them.
The buyer cannot change the destination or place of delivery.
ARTICLE 11 : RIGHT OF WITHDRAWAL AND RETURN
Buyers benefit from a withdrawal period of seven days from the receipt of their order to return the product to profilesmarket.com for exchange or refund without penalty and without justifying the reasons.
If the seven-day period expires on a Saturday or a Sunday or a bank holiday or holiday, it is extended until the next business day.
For any return, the buyer shall first contact profilesmarket.com customer service by email or phone (call non-premium) to obtain a return form which will be sent by email with a return number. This card must be completed and sent with the goods to be returned. [Customer service detail, telephone and email].
An email will be sent to the buyer to inform him having received the parcel and the terms of refund. The buyer shall receive the refund by cheque.
The price of the item and the initial delivery price shall be refunded (the return costs are borne by the purchaser pursuant to Section L. 121-20 of the Consumer Code).
profilesmarket.com shall refund the buyer within 30 days by cheque payable to the buyer at the address provided.
However incomplete, worn, damaged or dirty products are not refunded.
According to Section L121-20-2 of the Consumer Code, this period is not applicable, namely in the following cases:
- When the provision of services has begun, with the consumer's agreement, before the end of the seven-day period; - Supply of goods made to the consumer's specifications or clearly personalized.
The buyer shall be considered informed, not only on the existence of a right of withdrawal, but also its limits specified hereabove or, when this right is not applicable when accepting these terms of sale.
The costs relating to a return shall be borne by the buyer if the good delivered complies with the order.
The returned item shall be kept in its original packing and shall not have undergone any degradation.
The costs for the shipping of a parcel that is not prepaid shall be deducted from the amount to be credited to you.
In case of improper returns, profilesmarket.com reserves the right to refuse any further order.
ARTICLE 12 : GARANTEE
All products supplied by profilesmarket.com benefit from the legal guarantee provided under Section 1641 of the Civil Code.
In case of non-compliance of a product sold, it can be returned to profilesmarket.com to take it back, exchange it or refund it.
It is however reminded:
- It rests solely with the purchaser to determine the suitability of the product (material and design) purchased under the conditions of its real use.
- No guarantee applies for an operating defect resulting from an intervention on the good carried out without authorization, neglect or faulty maintenance, improper use or assembling not complying with the use and handling conditions indicated in the notices and according to the rule book.
- The guarantee is also excluded in case of dysfunction resulting from normal wear or a case of force majeure.
All complaints, requests for exchange or refund must be made by registered letter with acknowledgment of receipt, within thirty days from the date of delivery to the following address:
- Profilesmarket.com
BP 80006
28631 GELLAINVILLE
(FRANCE)
ARTICLE 13 : LIABILITY
In the process of selling online profilesmarket.com is only held by an obligation of means; its responsibility cannot be held for damages resulting from the use of the Internet network such as data loss, hacking, viruses, service out of order, or other unintended problems.
profilesmarket.com disclaims liability for any breach of its contractual obligations in the event of a case of force majeure and in general any event which does not offer the proper execution of the orders.
If professional purchases, profilesmarket.com shall not be liable for all indirect damages as a result as such, operating loss, loss of profit, loss of chance, damages or expenses which may arise from the purchase of the products.
profilesmarket.com disclaims any liability in the event that the item delivered does not comply with the laws of the country of delivery other than France.
profilesmarket.com agrees to provide all the care in use in the profession for the implementation of service offered to customers.
Nevertheless, liability shall not be held in case of non compliance with the contractual obligations of profilesmarket.com due to unforeseeable circumstances or force majeure, and generally any event beyond its control even if such a case does not offer the characteristics required under case-law of the French courts (strike, total or partial, war, embargo, fire, accident, natural or economic disaster; such a list shall not be considered exhaustive).
profilesmarket.com shall not be liable for any delay due to a shortage of stock at the supplier.
ARTICLE 14 : RETENTION OF TITLE
All elements of the site profilesmarket.com are and shall remain the exclusive intellectual property of profilesmarket.com.
It is prohibited to reproduce, use, repost or use for any purpose whatsoever, even partly, the site features.
Moreover, any order placed to the seller assumes the customer acceptance of the retention of property clause under the laws of 12 May 1980 and 25 January 1985 (as amended).
Consequently, the merchandise remains the property of profilemarket.com until receipt of the price in full, principal and accessories.
The buyer cannot provide the goods to be pledged, or transfer the property as guarantee.
ARTICLE 15 : PERSONNAL DATA
According to the law relating to data processing, files and liberties of January 6, 1978, information containing names of buyers may be subject to automated processing.
Data processing of names collected on the site has been subject to a declaration with the French data protection watchdog “Commission Nationale de l’Informatique et des Libertés (CNIL)”.
profilesmarket.com reserves the right to collect information on purchasers including by using cookies, and, if desired, to transmit the collected information to business partners.
Information is used to compile statistics to improve this Internet website.
We use “cookies” like many websites.
It aims reporting an earlier visit of the Internet surfer on the site.
You can disable the use of cookies by selecting the appropriate settings on your browser.
Buyers may object to the disclosure of their details by notifying profilesmarket.com.
Similarly, users have a right of access and correction of data concerning them, according to the law relating to data processing, files and liberties of January 6, 1978.
ARTICLE 16 : ENTIRE CONTRACT
In the event that any provision of this contract is null and void due to a change in legislation, regulation or court decision, this does not in any way affect the validity and compliance with these terms of sale.
ARTICLE 17 : TERM
These conditions apply throughout the duration of online services offered by the company profilesmarket.com
ARTICLE 18 : FEELING PROOF
profilesmarket.com shall file the order forms and invoices on a reliable and lasting media considered as a true copy in accordance with the provisions of Section 1348 of the Civil Code.
The parties shall consider the computerized registers of profilesmarket.com as proof of communications, orders, payments and operations between the parties.
ARTICLE 19 : BUSINESS LINKS
Trade links can be introduced in the different pages comprising the site of profilesmarket.com.
The latter is responsible neither for the content nor the operating of these sites, or any possible prejudice or damages whatever the nature undergone by the buyer during a connection with the said sites.
ARTICLE 20 : SETTLEMENT OF DISPUTES
These conditions of online sales are subject to French law.
Any dispute arising from this contract shall be obligatorily referred to the Commercial Court (Tribunal de Commerce) of CHARTRES even if the buyer is not a French resident, or if the order is delivered outside France.
ARTICLE 21 : APPLICABLE LAW
French domestic law is solely applicable to this contract to the exclusion of all other provisions, even in case of enforcement outside the French territory.
Consequently the parties expressly waive the application of the Vienna Convention of April 11, 1980.
