GENERAL CONDITIONS OF SALES
PALINGENESIA
www.palingenesie.fr (the “Site”) is published by the P3J Company, a simplified joint stock company with capital of €2,000, whose head office is located at 110 boulevard de la Chapelle – 75018 Paris, registered in the Trade and Commerce Register. Paris companies under number 897 480 489, including intra-community VAT number FR63897480489 (hereinafter “P3J”).
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the “CGV”) detailed below apply to all orders for products and services placed via the Site (the “Products”) with P3J by any person (the “Customer”).
The Customer must read the T&Cs before placing any order (the “Order”), the T&Cs being available on the Site.
P3J reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale being that appearing online on the site www.palingenesie.fr at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the General Conditions of Sale by the Customer by clicking on the button “I have read and accept the general conditions of sale”.
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.palingenesie.fr is an e-commerce site owned and managed by P3J.
The Site is accessible to all users of the internet network in principle 24 hours a day, 7 days a week, except interruption, scheduled or not, by P3J or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below). P3J cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
P3J does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. P3J cannot be held responsible for data transmission, connection or network unavailability problems.
P3J reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of provision of services, in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
IV. PRODUCTS
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of P3J. As such, P3J cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.
P3J takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
P3J does not guarantee the accuracy or security of the information transmitted or obtained through the Site.
It is possible that the Customer may receive a part previously returned by another person following an Order. It is specified that P3J only accepts the return of intact and unworn Products, these two conditions being checked before putting the returned Products back into stock.
V. ORDERS
Taking an Order on the Site is subject to compliance with the procedure set up by P3J on the Site including successive steps leading to validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the “Basket”). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validation of his Order. Validation of the Order constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by P3J. To this end, the Customer formally accepts the use of email for confirmation by P3J of the content of his Order. Invoices are available in the “my account” section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
P3J reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite P3J's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
P3J cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order.
P3J also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VII. PRICES AND PAYMENT TERMS
Product prices are indicated on the Site in euros for Europe, including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
P3J reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash upon placing the Order.
Payment for purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
Paypal (Europe) S.à.rl et Cie, is a Luxembourg partnership limited by shares, registered with the Luxembourg RCS under number B118349, whose head office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com .
Stripe. For any information, the Customer can consult the following website: https://www.stripe.com
The Customer expressly acknowledges that communicating his bank card number to P3J constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of Order cancellation for non-payment is sent to the Customer by P3J to the email address provided by the Customer when registering on the Site.
The data recorded and kept by P3J constitutes proof of the Order and all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Customer and P3J.
VIII. DELIVERY
In Paris, deliveries are carried out by our teams, by bike or by any other means of transport emitting 0% CO2, unless otherwise stated.
Elsewhere, deliveries are ensured by the services of La Poste via Colissimo, Mondial Relay, Chronopost, DPD, Paack, B2C Europe, Fedex, UPS or DHL, from Monday to Saturday, depending on the option chosen by the Customer when validating his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery and returns” section.
When P3J takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by P3J.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company ). Delivery cannot be made to hotels or to post office boxes.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point, no reshipment can be carried out and the Customer will be reimbursed within a period of five (5) days from receipt of the Order by P3J. Reimbursement is exclusive of delivery costs. In the event of “free” delivery P3J reserves the right to apply charges.
P3J delivers Orders within a maximum period of principle of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for international Delivery, this period being counted from the first working day after validation of the Order (note that P3J does not deliver the Products to the following countries: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates). The day after a collection is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, codes of access, names and/or intercom numbers, etc.).
P3J cannot be held responsible for delivery delays not due to its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the above, P3J cannot be held responsible for the damaging consequences resulting from a delivery delay, only reimbursement of the Product by P3J being possible to the exclusion of any other form of compensation.
Deliveries can also be made to a Relay Point by the Chrono Relais service provider, subject to acceptance of the package by the selected Relay Point.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and terms for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from P3J, without having to justify his decision.
The right of withdrawal can be exercised by using and sending the model withdrawal form included in the appendix to the General Conditions of Sale, by post, to the following address: PALINGÉNÉSIE – Returns Department – 110 boulevard de la Chapelle – 75018 Paris, France, or by email bonjour@palingenesie.fr
9.2. Terms of return of the Order within the framework of the right of withdrawal
The right of withdrawal is exercised without penalty.
The return of Products is the responsibility of the Customer and is done at their own risk.
The Customer returns the Order to P3J, 110 boulevard de la Chapelle – 75018 Paris, without undue delay and, at the latest, within fourteen (14) days following communication of its decision to withdraw in accordance with article L. 221 -21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed.
9.3. Reimbursement of Products returned within the framework of the right of withdrawal
Reimbursement of the Order by P3J is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, the reimbursement occurs provided that P3J has been able to recover the Products subject to the return and the reimbursement request.
P3J makes the reimbursement using the same means of payment as that which was used to pay for the Order , unless the Customer expressly agrees to use another method. If this means of payment has expired, the Customer must contact customer service to modify the method of reimbursement without incurring costs for the consumer. P3J cannot be responsible for reimbursement on an expired payment method.
The refund of an order paid with an e-gift card, a gift card or a credit will be automatically refunded as a credit.
If the Customer fails to comply with these General Terms and Conditions, P3J will not be able to reimburse the Products concerned. In all cases, return costs are the responsibility of P3J if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. WARRANTIES - LIMITATION OF LIABILITY
10.1 Limitation of responsibilities
P3J's liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. P3J will under no circumstances be liable for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of planned savings
- data loss
- loss of working or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.
P3J makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or to interfere with the proper functioning thereof, including any transmission resulting from a download of any content carried out by the Client, software used by the latter to download the content, from the Site or from the server which allows access to it. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. this order proving harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content.
P3J is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, P3J guarantees consumers against lack of conformity and hidden defects for Products sold on the Site under the following conditions:
10. 2 Legal guarantees
All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Consumer Code). Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
Legal guarantee of conformity
Article L217-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L211-5 of the Consumer Code: “To comply with the contract, the good must:
1) Be suitable for the use usually expected of similar goods and, where applicable:
correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Guarantee against hidden defects
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them. »
Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity. »
As part of the legal guarantee against hidden defects, P3J, at the Customer's choice, undertakes, after evaluation of the defect:
- Either to reimburse the entire price of the returned Product,
- Or to reimburse part of the price of the product if the Customer decides to keep the Product.
Exclusion of guarantees
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to misuse.
10.3 Conditions for implementing guarantees
As part of the legal guarantee of conformity, the Customer:
(i) benefits from a period of two (2) years from the delivery of the goods to act;
(ii) can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L217-9 of the Consumer Code;
(iii) is exempt from providing proof of the existence of the lack of conformity of the goods during the two years.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
For any request regarding legal guarantees, the Customer must contact the Customer Relations Department at bonjour@palingenesie.fr.
These provisions do not exclude the right of withdrawal defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
As part of the legal guarantee of conformity, P3J undertakes, at the Customer's choice:
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if replacement of a Product proves impossible.
As part of the legal guarantee against hidden defects, P3J, according to the Customer's choice, undertakes, after evaluation of the defect:
- either to reimburse the entire price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeure
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, P3J informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. reception. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of P3J or the Client without compensation to either party. Failure to pay by the Customer cannot be justified by a case of force majeure.
XI. RESERVATION OF PROPERTY
P3J retains full ownership of the Products sold until full payment of the full price, in principal, fees, taxes and mandatory contributions included.
XII. PARTIAL INVALIDITY
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
XIII. NON-WAIVER
No tolerance, inaction or inertia on the part of P3J may be interpreted as a waiver of its rights under the General Terms and Conditions.
XIV. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION
The sale of Products is subject to French law.
In the event of a complaint not resolved amicably by Customer Service, and in accordance with article L612-1 of the Consumer Code, the Customer may resort to a mediation service . The Ombudsman Service may be contacted for any consumer dispute that has not been successfully resolved.
The Customer can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of amicable resolution, any dispute relating to the interpretation of the T&Cs, the execution or termination of a sale, the interpretation, execution or termination of these presents is subject, in the absence of agreement amicably, to the legally competent courts.
ANNEX 1: MODEL WITHDRAWAL FORM
(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
For the attention of P3J – 110 boulevard de la Chapelle – 75018 Paris, France
Email: bonjour@palingenesie.fr
I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) below:
Ordered on ……………..(order date) and/or received on ……………..(delivery date)
Name of Consumer Customer:
Address of the Consumer Customer:
Signature of the Consumer Customer (only in the event of notification of this form on paper)
Date :
For any information, you can contact Customer Service at bonjour@palingenesie.fr
LEGAL INFORMATION
Please note that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from computer contamination. possible viruses circulating on the Internet.
I. PUBLISHER
P3J, simplified joint stock company, with capital of €2,000, registered in the Paris Trade and Companies Register under number 534 652 854, whose head office is located at 110 boulevard de la Chapelle - 75018 Paris, France.
The publication director is Julien PUBILIER, legal representative of P3J.
Contact: bonjour@palingenesie.fr
II. PERSONAL DATA AND COOKIES
In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés).
All information in your Account is only used within the framework of your commercial relationship with www.palingenesie.fr. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or by the secure payment module of our partner ADYEN. The Site uses cookies (connection cookies), which the user is informed of when arriving on the website, which allow information relating to the computer's navigation on the website to be recorded. These cookies are only installed after acceptance by the user, continued navigation on the website constitutes acceptance. The user can oppose the use of these cookies by configuring their browser, knowing that access to certain services may require the user's prior acceptance of cookies.