These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the website http://www.smart-one.fr (hereinafter the "SITE") from SMART-ONE, SAS registered in the Melun Trade and Companies Register under the number 80354336200021, having its registered office at 3 rue des trois mailets - 77300 Fontainebleau, France 

Tel: 0176212299, email: info@smart-one.fr (hereinafter the "SELLER").


IMPORTANT

Any order placed on the SITE necessarily implies the UNreserved acceptance of the CUSTOMER of these general conditions of sale.

 

 

Article 1. DEFINITION

The terms used below have, in these General Terms and Conditions, the following meaning:


" CUSTOMER ": refers to the SELLER's contracting partner, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.

" DELIVERY ": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.

" PRODUCTS ": refers to all the products available on the SITE.

" TERRITORY ": refers to Metropolitan FRANCE, including Corsica (excluding DOM/TOM).

 

 

Article 2. OBJECT

These General Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.

 

 

Article 3. ACCEPTANCE OF TERMS AND CONDITIONS

The CUSTOMER undertakes to read these General Terms and Conditions carefully and accept them, before proceeding to the payment of an order for PRODUCTS placed on the SITE.

These General Terms and 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, print the General Conditions and keep a copy.

The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of these 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 said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

 

 

Article 4. OPENING AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE

To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

The CLIENT will be invited to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check on the SITE the status of his order. The tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of some carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at the address info@smart-one.fr, 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, eligibility and the information provided.

 

 

Article 5. COMMANDS

 

Article 5.1 Product characteristics

The SELLER strives to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law (in these General Conditions).

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints related to its suppliers.

Unless expressly stated otherwise on the SITE, 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 SITE. 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 desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add to his basket as many PRODUCTS 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 CLIENT has not yet done so, he will then be asked to identify himself or register.

Once the CUSTOMER has validated the contents of the basket and has identified / registered, an online form will be displayed to him automatically completed and summarizing the price, applicable taxes and, if applicable, delivery costs.

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 may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS.

For 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 indicate the delivery method chosen.

5.2.3. Acknowledgement of receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct.

The SELLER does not send any order confirmation by post or fax.

5.2.4. Invoicing

During the order procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).

In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact delivery address, as well as any access code to the DELIVERY address.

The CUSTOMER must then 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 constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon 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 SITE do not begin to run until this date.

 

5.4. Prices

For all PRODUCTS, the CUSTOMER will find on the SITE 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 mode of transport chosen).

Prices include in particular value added tax (VAT) at the rate in force on the date of 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. As a result, the prices indicated on the SITE may change. They can also be changed in case of special offers or sales.

The prices indicated are valid, unless there is 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. Availability of PRODUCTS

Depending on the PRODUCT concerned, the SELLER applies a "just-in-time" inventory management. Therefore, depending on the case, the availability of the PRODUCTS depends on the SELLER's stocks.

The SELLER undertakes to honor the orders received provided that the PRODUCTS are available.

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 has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

The SELLER may, at the request of the CUSTOMER:

Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again, Or proceed to a partial shipment of the PRODUCTS available at first, then to the shipment of the rest of the order when the other PRODUCTS will be available, subject to clear information concerning the additional transport costs that may be incurred, Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.

 

 

Article 6. Right of withdrawal

The terms of the right of withdrawal are provided for in the "withdrawal policy", a policy available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hypertext link.

 

 

Article 7. PAYMENT

 

7.1. Means of payment

The CUSTOMER can pay for his PRODUCTS online on the SITE according to the means proposed by the SELLER.

 

Article 11. Packaging

The PRODUCTS will be packed 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 Appendix 1 – Withdrawal Policy.

 

 

Article 12. Guarantees

 

12.1. Guarantee of conformity

The SELLER is required to deliver a PRODUCT that complies with the expected use of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels In this context, the SELLER is likely to be liable for the lack of conformity existing at the time of delivery and the lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him or has been carried out under his responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the DELIVERY of the PRODUCT.

In case of lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may make a refund, without following the option chosen by the CUSTOMER.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: SMART-ONE 3 rue des trois maillets - 77300 Fontainebleau.

 

12.2. Guarantee against hidden defects

The SELLER is bound by the guarantee for hidden defects of the PRODUCT sold that make it unfit for the use for which it is intended, or that reduce this use so much that the CUSTOMER would not have acquired it, or would have given only a lower price, if he had known them.

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund 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 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: SMART-ONE 3 rue des trois maillets - 77300 Fontainebleau.

The action resulting from hidden defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect.

 

 

Article 13. Responsibility

The SELLER cannot under any circumstances be held liable in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.

The SELLER cannot be held responsible, or considered as having failed herein, 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 the jurisprudence of the French courts and tribunals.

It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

 

 

Article 14. Personal data

The SELLER collects on the SITE personal data concerning its Customers, including through cookies. CUSTOMERS can disable 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 CUSTOMER's account, analyze orders and, if the CUSTOMER has 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 CUSTOMER's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

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. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that they have given their prior consent when registering on the SITE.

The SELLER will specifically ask THE CUSTOMERS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.

The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an email to the address: info@smart-one.fr or by sending a letter to SMART-ONE 3 rue des trois maillets - 77300 Fontainebleau.

It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.

 

 

Article 15. Claims

The SELLER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: 0176212299 (non-surcharged number).

Any written complaint from the CUSTOMER must be sent to the following address: SMART-ONE 3 rue des trois maillets - 77300 Fontainebleau.

 

 

Article 16. Intellectual property

All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. 

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the authorization of the SELLER in writing.

This authorization of the SELLER will in no case be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

 

 

Article 17. Validity of the General Terms and 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 shall not affect the validity of these General Conditions. Such a modification or decision does not in any way authorize the CUSTOMERS to disregard these General Conditions.

Any conditions not expressly addressed herein will be governed in accordance with the practice of the retail sector, for companies whose registered office is located in France.

 

 

Article 18. Modification of the General Terms and Conditions

These General Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Terms and Conditions are precisely dated and may be modified and updated by the SELLER at any time. The general conditions applicable are those in force at the time of the order.

Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

 

 

Article 19. Jurisdiction and applicable law

These General Terms and Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law.

In the event of a dispute, only the French courts will be competent.

However, prior to any recourse to the arbitral or state judge, it will be preferred to negotiate in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated below.

Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the dispute under negotiation. By way of exception, the parties are entitled to bring an action before the court hearing the application for interim measures or to apply for an order. Any action before the court hearing the application for interim measures or the implementation of proceedings on application does not entail any

no waiver of the amicable settlement clause shall be shared by the parties, unless expressly stated otherwise.

 

 

APPENDIX 1 : RETRACTATION POLICY

 

Principle of withdrawal

The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days of the communication of his decision to withdraw, unless the SELLER offers to recover the PRODUCT himself.

 

Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.

If the CUSTOMER's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.

 

Notification of the right of withdrawal

To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: SMART-ONE 3 rue des trois maillets - 77300 Fontainebleau or info@smart-one.fr.

He can also use the form below:

 

 

WITHDRAWAL FORM

Attn: [*] (*Contact information of)

SELLER's telephone number*:

FAX number of the SELLER*:

SELLER's e-mail address*:

I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT

below:

PRODUCT Reference

Invoice number:

Order form number:

- Ordered on [________]/received on [____

- Payment method used:

- Name of the CUSTOMER and, if applicable, of the beneficiary of the order:

- Address of the CLIENT:

- Delivery address:

- Signature of the CLIENT (except in the case of transmission by email)

- Date

 

For the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Effects of withdrawal

In case of withdrawal on the part of the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any case, no later than fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER's desire to withdraw.

The SELLER will proceed to the refund using the same means of payment as the one used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs for the customer.

The SELLER may defer the refund until receipt of the good or until the CUSTOMER has provided proof of shipment of the good, the date retained being that of the first of these facts.

 

Terms of return

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the property, to: SMART-ONE, 3 rue des trois maillets - 77300 Fontainebleau.

This period is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.

Return shipping costs

The CUSTOMER must bear the direct costs of returning the good.

 

Condition of the returned property

The PRODUCT must be returned according to the instructions of the SELLER and include in particular all the accessories delivered.

The CUSTOMER is only liable for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but his responsibility may be engaged if he carries out manipulations other than those that are necessary. 

 

Packaging

The PRODUCTS are packed in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must meet the same standards when returning PRODUCTS. As such, the CUSTOMER is invited to return the PRODUCT that does not suit him in its original packaging and in good condition, suitable for its remarketing.

 

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

  • Supply of goods or services the price of which depends on fluctuations in the financial market
  • Supply of goods made according to the SPECIFICATIONS OF THE CUSTOMER or clearly personalized
  • Supply of goods that may deteriorate or expire quickly Supply of sealed audio or video recordings or software that have been unsealed after delivery 
  • Newspaper, periodical, magazine (except subscription contract)
  • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
  • Supply of goods which by their nature are inseparably mixed with other articles
  • Supplies of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the CUSTOMER after DELIVERY
  • the supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose real value depends on fluctuations in the market beyond the control of the SELLER
  • Supply of digital content not supplied dematerialized if the execution has begun with the prior express consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
  • contracts concluded at a public auction

 

 

APPENDIX 2 : DELIVERY POLICY

 

Delivery area

The PRODUCTS offered can only be delivered to the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the order process.

 

Shipping time

The deadlines for preparing an order and then establishing the invoice, before shipment of the PRODUCTS in stock are mentioned on the SITE. These deadlines are exclusive of weekends or public holidays.

An e-mail message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the e-mail address appearing in the registration form is correct.

 

Deadlines & Delivery Costs

During the ordering process, the SELLER informs the CUSTOMER of the possible shipping times and formulas for the PRODUCTS purchased.

Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.

The details of delivery times and costs are detailed on the SITE.

 

Terms of DELIVERY

The package will be delivered to the CUSTOMER against signature and on presentation of an identity document.

In case of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to pick up his package in his post office.

 

DELIVERY problems

The CUSTOMER is informed of the delivery date set at the time he chooses the carrier, at the end of the online order procedure, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract.

The SELLER will reimburse, without undue delay from receipt of the letter of termination, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same method of payment as that used by the CUSTOMER to purchase the PRODUCTS.

The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of damage or partial losses noted during delivery.

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