Legal documentation
General Conditions of Sale
Please read these conditions carefully before ordering.
Between the LovaPI Society,
67 RUE ANDRE DOUCET, 92000, NANTERRE,
registered in the Trade and Companies Register of Nanterre,
under number SIRET 88787365100012.
The company can be reached by email by clicking on the contact form accessible via the website homepage.
Here is the "Seller" or the "Company".
On the one hand, the "Seller"
And the natural or legal person purchasing the products or services of the company,
Hereafter, "Buyer", or "Customer".
Second,
It was outlined and agreed that:
PRÉAMBULE
The Seller is the publisher of various Consumer Products and Services, marketed through its websites (sendbazar.com). The list and description of the goods and services offered by the Corporation are available on the above-mentioned sites.
Article 1
Objet
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services and Services offered by the Seller.
Article 2
Dispositions générales
These General Conditions of Sale (GTC) govern sales of Products or Services-Benefits through the Company's websites and are an integral part of the Purchaser-Seller Agreement. They are fully enforceable against the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on his website. The applicable GTCs then are those in effect on the date of payment (or first payment in case of multiple payments) of the order.
The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he has read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale related to a product or service-benefit, and accepts them without restriction or reservation.
The Customer acknowledges that he has benefited from the necessary advice and information to ensure that the offer meets his needs.
The Customer declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he undertakes to engage. Unless otherwise proved, the information recorded by the Company constitutes evidence of all transactions.
Article 3
Prices
The prices of products sold through websites are indicated in Euros all taxes included and precisely determined on the product description pages. They are also shown in euro all taxes included (VAT + other taxes if any) on the product order page, and excluding specific shipping costs.
The Company reserves the right to change its prices at any time for the future. The costs of telecommunications necessary to access the Company's websites are borne by the Customer. Where applicable, delivery costs.
Article 4
Conclusion du contrat en ligne
Conformément aux dispositions de l’article 1127-1 du Code civil, le Client doit suivre une série d’étapes pour conclure le contrat par voie électronique pour pouvoir réaliser sa commande : Information sur les caractéristiques essentielles du Produit ; – Choix du Produit, le cas échéant, de ses options – Indication des coordonnées essentielles du Client (identification, email, adresse…) ; – Acceptation des présentes Conditions Générales de Vente – Vérification des éléments de la commande (formalité du double clic) et, le cas échéant, correction des erreurs.
Before making its confirmation, the Buyer has the possibility to check the details of his order, his price, and to correct any errors, or cancel his order. Confirmation of the order will take form of this contract. – Then follow instructions for payment, payment of products, then delivery of the order.
The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. During the ordering process, the customer will have the possibility to identify and correct any errors in data entry.
The language proposed for the conclusion of the contract is the French language. The terms of the offer and the general terms of sale are accessible on the seller's website by the buyer at the time of the order and archived on the Seller's website.
Where appropriate, the professional and commercial rules to which the offeror intends to submit are available in the 'Annex Rules' section of these Terms and Conditions, available on the seller's website at https://sendbazar.com/conditions-general-of-sale/.
The archiving of communications, orders, order details and invoices shall be carried out on a reliable and durable medium in order to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.
For products delivered, delivery will be at the address indicated by the Customer. In order to carry out the order correctly, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.
Article 5
Produits et services-prestations
The essential characteristics of the goods, services, services and their respective prices shall be made available to the purchaser on the company's websites, as well as, where appropriate, the mode of use of the product.
In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of the sale and performance of the Services-Benefit before any conclusion of the sales contract.
In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the price in force indicated on the day of the order, which does not include the cost of ports.
These possible fees are indicated to the Buyer during the sale process, and in any event at the time of confirmation of the order. The Seller reserves the possibility to change his prices at any time, while guaranteeing the application of the price indicated at the time of the order.
Where goods or services are not performed immediately, clear information is provided on the product presentation page regarding the delivery dates of the goods or services-benefits.
The customer certifies that he has received details of the delivery costs and the terms of payment, delivery and performance of the contract, as well as detailed information on the seller's identity, postal, telephone and electronic contact details, and on his activities in the context of this sale.
The Seller undertakes to honour the Customer's order within the limits of the stock of Products available only. Otherwise, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller reimburses the Customer.
Contractual information is presented in detail and in French. The parties agree that the illustrations or photographs of the products offered for sale shall not have contractual value.
The period of validity of the Products' offer and their prices are specified on the Company's websites, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of goods or services.
Except as otherwise provided, the rights granted under this Agreement shall only be granted to the natural person signing the order (or the person holding the email address communicated).
Article 6
Conformité
Pursuant to article L.411-1 of the Consumer Code, the products and services-benefits offered for sale through these General Terms and Conditions meet the current requirements relating to personal safety and health, fair trade and consumer protection.
Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects of the product. In accordance with article L.217-4, the seller delivers goods, services and services in accordance with the contract and is responsible for defects of conformity existing at the time of issue.
It also responds to non-conformity resulting from packaging, assembly instructions or installation when the contract has been awarded to it or is carried out under its responsibility.
In accordance with the legal provisions on conformity and hidden defects (art. 1641 c.c.v.), the Seller reimburses by a good or exchanges defective or non-ordered products.
Reimbursement can be claimed as follows: The product must be returned to the partner company of lovapi to (Madagascar) as soon as possible and upon receipt of it, you will be reimbursed by a voucher directly with a used promo code usable without deadline.
Article 7
Clause de réserve de propriété
The products remain the property of the Company until full payment of the price.
Article 8
Modalités de livraison
The products shall be delivered to the delivery address or relay point which was indicated at the time of the order and within the time specified. These deadlines do not take into account the time taken to prepare the order.
When the delivery requires an appointment with the Customer (This will be as indicated when ordering). When the Customer orders several products at the same time they may have different delivery times sent in the following manner (describe the procedure).
In case of delay in shipping, we will contact you to notify you. In the event of a delay in delivery, the Customer has the possibility to settle the contract under the conditions and arrangements laid down in Article L 138-2 of the Consumer Code.
The Seller then makes the refund of the product and the "go" costs under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a telephone contact point (cost of local communication from a fixed post) indicated in the order confirmation email to ensure the order is followed up.
The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage of the products is transferred to him. It is up to the Customer to notify the carrier of any reservation on the delivered product.
Article 9
Disponibilité et présentation
In case of unavailability of an item for a period of more than working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be cancelled on request.
The Customer will then be able to request a voucher for the amount of the item or its full refund and cancellation of the order.
Article 10
Payment
Payment is due immediately upon order, including for pre-order products. The Customer can make payment by payment card or Paypal.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider.
The information transmitted is encrypted in accordance with the rules of art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is debited immediately after checking the information.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating its bank information at the time of sale, the Customer authorizes the Seller to debit his card the amount relating to the price indicated.
The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility of debiting the card, the Sale is immediately resolved automatically and the order cancelled.
Article 11
Délai de rétractation
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving cause, within fourteen (14) days of the date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company in the following way: from your customer area or by e-mail to the withdrawal@sendbazar.com by indicating your order number.
We inform Customers that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for perishable products and with labels already removed or damaged products.
In the event of exercise of the right of withdrawal within the above-mentioned period, the price of the purchased product(s) and the shipping costs will be refunded by an asset, the return costs remaining at the Customer's expense.
The returns of the products are to be made in their original and complete condition (package, accessories, package leaflet...); if possible, they must be accompanied by a copy of the proof of purchase.
In accordance with the legal provisions, you will find below the model withdrawal form to be sent to us at the following address: (address). Reimbursement procedure: (exactly describe the reimbursement procedure – especially for large purchases)
Article 12
Garanties
In accordance with the law, the Seller assumes the following guarantees: of compliance and relating to hidden defects of the products.
The Seller reimburses by an asset to the Buyer or exchanges products apparently defective or not corresponding to the order made.
The refund application must be made as follows: via the credit card debited at the time of purchase or by order form.
The Seller recalls that the consumer: – (household appliances) has a period of 2 years from the date of issue of the property to act with the Seller – that he may choose between the replacement and the repair of the property subject to the conditions laid down in the above-mentioned provisions.
Apparently defective or corresponding – it is exempt from proving the non-conformity of the property during the six months following the issue of the property.
– that, except used goods, this period will be extended to 24 months from 18 march 2016
– that the consumer can also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code).
Additional guarantees: N/A.
Article 13: Claims and mediation
Where appropriate, the Buyer may submit any claim by contacting the Company through the following contact details (please indicate the contact details and the procedure).
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can use a consumer mediator...
In case of failure of the request for complaint to the customer service of the Seller, or in the absence of a reply within two months, the consumer can submit the different to a mediator...
Article 13
Résolution du contrat
La commande peut être résolue par l’acheteur par lettre recommandée avec demande d’avis de réception dans les cas suivants : — livraison d’un produit non conforme aux caractéristiques de la commande ; — livraison dépassant la date limite fixée lors de la commande ou, à défaut de date, dans les trente jours suivant le paiement ; — de hausse du prix injustifiée ou de modification du produit.
In such cases, the buyer may require the repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 14
Droits de propriété intellectuelle
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.
No transfer of intellectual property rights is effected through these GTCs. Any total or partial reproduction, modification or use of such property for any reason is strictly prohibited.
Article 15
Force majeure
The performance of the seller's obligations at the end of these proceedings shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance.
The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 16
Nullité et modification du contrat
If any of the provisions of this contract were annulled, such nullity would not result in the nullity of the other provisions which remain in force between the parties.
Any contractual amendment shall be valid only after a written agreement has been signed by the parties.
Article 17
Protection des données personnelles / Droit applicable
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller shall establish a processing of personal data for the purpose of selling and delivering products and services defined in this contract.
L’Acheteur est informé des éléments suivants : l’identité et les coordonnées du responsable du traitement... – aucun transfert hors UE n’est prévu – la durée de conservation des données : le temps de la prescription commerciale – ... – les informations demandées lors de la commande sont nécessaires à l’établissement de la facture (obligation légale) et la livraison des biens commandés, sans quoi la commande ne pourra pas être passée.
No automated decision or profiling is implemented through the control process.
Article 18b: Applicable law and clauses
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law. The nullity of a contractual clause does not result in the nullity of these general conditions of sale.
Article 18
Information des consommateurs
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code:
The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for use to which it is intended, or which reduce such use as the buyer would not have acquired, or would have given only a lesser price, had he known them.
Article L. 217-4 of the Consumer Code:
The seller delivers goods in accordance with the contract and responds to defects of conformity that exist at the time of issue. It also responds to non-conformity resulting from packaging, assembly instructions or installation when the contract has been awarded to it or is carried out under its responsibility.
Article L. 217-5 of the Consumer Code:
The property complies with the contract: 1° If it is suitable for the usual intended use of a similar good... 2° Or if it has the characteristics defined by mutual agreement...
Article L. 217-12 of the Consumer Code:
The action resulting from the lack of conformity shall be prescribed by two years from the date of issue of the property.
Article L. 217-16 of the Consumer Code:
When the buyer asks the seller... any period of immobilization of at least seven days is added to the warranty...
