These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Green Exchange Lab SAS on its Site. These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are accessible at all times on the Site and shall prevail, where applicable, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded by Green Exchange Lab SAS constitute proof of all transactions. Green Exchange Lab SAS reserves the right to modify, if necessary, at any time, these general terms and conditions of use and sale, but the GTC applicable to the order will be those existing on the Site on the day of confirmation of acceptance of the order by Green Exchange Lab SAS.
ARTICLE 2: CONTRACTUAL INFORMATION
In accordance with the provisions of the French Consumer Code, Green Exchange Lab SAS mentions the following information on its online store: - A legal notice allowing precise identification of Green Exchange Lab SAS: - A presentation of the essential characteristics of the products and services offered - An indication in euros, exclusive of tax, of the price of the goods and services and delivery costs. - An indication of delivery costs - The validity of the offer and its price. - The existence of a right of withdrawal.
ARTICLE 3: PRODUCTS
A. PRICES
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day the order is placed.
Green Exchange Lab SAS reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
B. AVAILABLE FUNDS
The offers presented by Green Exchange Lab SAS are only valid while stocks last. In the event of unavailability and in accordance with article L 121-20-3 of the French Consumer Code, you will be informed by e-mail or telephone of the items that are out of stock. The buyer will then have 72 working hours (excluding Saturdays, Sundays, public holidays and non-working days) from the date of signing the order form to request cancellation, reimbursement of sums paid or exchange of the order within the limit of an equivalent total price by contacting us by e-mail or telephone. After this period and if no request is made on your part, your order will be sent to you with the available items and only these items will be invoiced to you. Unavailable items will be refunded in the form of a credit note or bank re-credit on request.
C. PRODUCT OFFER COMPLIANCE
The products offered comply with current French legislation and standards applicable in France. In accordance with article L 111-1 of the French Consumer Code, the consumer has the possibility of knowing the essential characteristics of the products he/she wishes to purchase before placing a final order. For products whose description is not given on the site, the customer may request information by telephone or e-mail.
ARTICLE 4: PLACING AN ORDER
A. ORDERS
These general terms and conditions of sale come into force on the date of signature of the order form on our website https://green-exchange.eu. In accordance with the LCEN law of June 21, 2004, you have the opportunity to check the details of the order and its total price (price in euros including all charges and products plus delivery costs) and to correct any errors before confirming it to express your acceptance. Green Exchange Lab SAS will acknowledge receipt of your order electronically without delay.
B. TRANSFER OF OWNERSHIP
Green Exchange Lab retains full and complete ownership of the products sold until full payment has been received for all sums due by the consumer in connection with his order, including charges and taxes. The transfer of ownership of a good purchased on https://green-exchange.eu by the consumer to a third person or company will not be assumed by Green Exchange Lab SAS. Only the original purchaser of the good may claim access to the clauses of these general conditions of sale.
C. PROOF OF TRANSACTION
Purchase orders and invoices will be archived on a reliable and durable medium that can be legally produced as proof.
D. USE OF CUSTOMER DATA
Green Exchange Lab SAS does not divulge information about these customers to any third party. However, we reserve the right to display the names of certain customers on our site without specifying the nature of the products ordered. We only share information relating to the delivery of your order with the carrier, who may not use it for any purpose other than the delivery of your order. We do not pass on or sell our customers' personal information to any third party. However, as required by law, you can register on the Bloctel telephone anti-solicitation list by clicking on the following link: http://w ww.bloctel.gouv.fr/
E. LIABILITY
Green Exchange Lab SAS shall not be held liable for any indirect damage due to operating losses, loss of profit, loss of opportunity, damage or expenses that may arise from the purchase of products. Green Exchange Lab SAS shall not be held liable for non-performance of the contract entered into in the event of the product being out of stock or unavailable, or force majeure, disruption disruption, total or partial strike, notably of postal services and means of transport and/or communication, flood or fire.
ARTICLE 5: DISCOUNTS AND REBATES
The prices quoted include any discounts and rebates that Green Exchange Lab SAS may grant on the basis of its results or the buyer's assumption of responsibility for certain services.
ARTICLE 6: DISCOUNT
No discount will be granted for early payment.
ARTICLE 7: PAYMENT TERMS
Payment for orders must be made :
- or by bank transfer ;
- or by credit card ;
The payment deadline is 30 days after the order is placed on the platform. https://green-exchange.eu
ARTICLE 8: LATE PAYMENT
In the event of total or partial non-payment for goods delivered on the date of receipt, the purchaser must pay Green Exchange Lab SAS a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount due, inclusive of tax, and runs from the due date of the price without the need for prior notice.
In addition to late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 240 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
ARTICLE 9: RESOLUTORY CLAUSE
If, within fifteen days of the implementation of the "Late payment" clause, the purchaser has not paid the outstanding sums, the sale will be cancelled by operation of law and may give rise to a claim for damages against Green Exchange Lab SAS.
ARTICLE 10: DELIVERY
Delivery is made :
- or by direct delivery of the goods to the buyer;
- at the place indicated by the purchaser on the order form.
Lhe delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products shall not give rise to :
- the award of damages;
- cancellation of the order.
Transport risk is borne entirely by the buyer.
In the event of missing or damaged goods in transit, the purchaser must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within two days of delivery, by registered letter with acknowledgement of receipt.
ARTICLE 11: FORCE MAJEURE
Green Exchange Lab SAS may not be held liable if the non-performance or delay in performance of any of its obligations described in these terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
ARTICLE 12: COMPETENT COURT
Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law.
Failing amicable resolution, the dispute will be referred to the Commercial Court of Besançon (25000).