These Conditions of Sale (hereinafter the "Terms") are offered by RA SARL, to 100 € capital company registered with the RCS Nantes under number 877 635 706, whose registered office is 865 rue des Granites to MESANGER (44522) (hereinafter "RA SARL"). by Hereinafter:
- "Site": the www.dasheep.com website and all its pages.
- "Products" or "Services" means all products (hardware) and services (benefits) it is possible to buy or to which it is possible to subscribe to the site.
- "Seller": RA Ltd
- "Customer": the user, individual or professional, making a purchase of Product (s) or service (s) on the site.
- "Consumer", according to the definition of the preliminary section of the Consumer Code: "any natural person who is acting for purposes which do not come within the framework of its trade, business, craft or profession" .
The user visiting the website and interested in the Products and Services offered by the Seller is encouraged to read these Terms carefully, in print and / or save them on a durable medium prior to an order on the Site.
The Customer acknowledges having read the Terms and accept fully and without reservation.
Article 1 - Application of Terms and purpose of the website
Seller reserves the right to modify at any time the terms and conditions by posting a new version of the latter on the Site. The Terms apply to the Customer are those in effect at the date of the order on the Site. Legal information concerning the host and the editor of the site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, legal notices and this data Charter Site.
This site offers online sales of accessories for robot mower.
The site is free access to all Clients. The acquisition of a product or a service implies acceptance by the Customer of the entirety of these Terms, which it has previously read and understood. This acceptance is for the Customer to check the box next to the phrase acceptance of these Terms ( "I have read and accepted all the terms and conditions of the Site"). Ticking this box is deemed to have the same value as a written signature of the Terms by the Client. The acceptance of these Terms implies the Customer that he enjoys the legal capacity necessary for this. If the customer is a minor or lacks legal capacity, he claims to have authorization from a tutor, curator or his legal representative.
The Client recognizes the value of evidence of automatic recording of the Seller and, except for him to bring evidence to the contrary, he gave up the contest in case of dispute.
Article 2 - Creating an account
The creation of a "client account" is a prerequisite to any Customer's order on this Site. To this end, the customer is asked to provide certain personal information such as name (s) and first name (s), email address, postal address and telephone number, this list is not comprehensive. As such, the Customer agrees to provide accurate information. Customer is responsible for updating its data. He must notify the Seller immediately of any changes. Seller's liability is excluded if the information provided prove to be false or inaccurate. The Customer registered in the site has the ability to access it by connecting with his credentials (email address specified during registration and password) or possibly using systems such as third connection buttons social networks. The Client is fully responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. If password forgotten, the Customer has the option to generate a new one. This password is the guarantee of confidentiality of the information dans its "my account" section and the Customer therefore refrains from transmitting or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to consult all his orders made online. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Seller's liability could not be engaged, this information being for informational purposes only. The pages relating to the customer account are freely printable by the Customer holder of the account in question but do not constitute proof, they are only informative in nature intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. To do this, he must send an email to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTC (in particular and without this example being of any exhaustive nature, when the Customer will have knowingly provided erroneous information when registering and creating their personal space) or any account that has been inactive for at least one year. Said deletion will not be liable to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility, for the Seller, to take legal action against the Customer, when the facts have justified it.
Article 3 - Terms of order subscription and description of the purchase process
The Products and Services offered are those which appear in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller according to the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a true image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.
We will define below as "Cart" the intangible object grouping together all the Products or Services selected by the Customer of the Site with a view to of a purchase by clicking on these elements. In order to proceed with his order, the Customer chooses the Product (s) he wishes to order by adding them to his "Cart", the content of which can be modified at any time.
As soon as the Customer considers having selected and added to his Cart all the Products he wishes to buy, he will have the possibility, to validate his order, to access his Cart by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page in which he must fill in the order form fields. In the latter case, he must enter a certain number of personal data concerning him, necessary for the smooth running of the order. Validation can also be done on a durable medium, confirmed by payment, by signing a quote sent by email or by post after telephone conversations with one of our sellers.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until it is validated.
Once the Customer has completed the form, he will then be invited to make payment using the payment methods listed in the section of these T & Cs relating to payments. After a few moments the Customer will be sent an order confirmation email, reminding him of the contents of the order and the price thereof.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Price and terms of payment
Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order and hors possible participation in processing and shipping costs.
RA SARL reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by credit card. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the bank or the payment provider receiving payment from the Customer. The availability of the Products is indicated on the Site, in the description of each Product.
RA SARL will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 - Deliveries
The delivery costs will be indicated to the Customer before any payment and only concern deliveries made in mainland France (excluding Corsica). For any other place of delivery, it will be up to the Customer to contact customer service. The customer must also ensure that the conditions of accessibility are favorable to the carrier.
In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with exact information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or within the limit of available stocks, the Seller undertakes in all cases to deliver the Products within a maximum period of time. thirty (30) days after payment of the order.
The Customer may refuse a package at the time of delivery if it finds an anomaly concerning the delivery (damage, product missing compared to the delivery note, parcel damaged, Pro broken picks…); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package (s) in the presence of the carrier and have him take back the damaged goods. Failure to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to comply with the Customer's request to exercise the right of refusal.
If the package of the Customer is returned to the Seller by post or by other transport providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may request it to be returned by first paying the transport costs for the new shipment. Transport costs must be paid even for orders for which the delivery costs were offered at the time of the order.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal, according to article L.221-18 et seq. of the Consumer Code), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from an awkwardness or an incorrect maneuver of the Customer can not be attributed to the Seller.
Any delay in delivery compared to the date or time indicated to the Consumer Customer when ordering or , in the absence of indication of date or deadline when ordering, greater than thirty (30) days from the conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
In the event of the Seller's breach of its obligationation of delivery of the good or provision of the service on the date or at the expiration of the period provided for in the first paragraph of Article L. 216-1 of the Consumer Code or, failing that, no later than thirty days after the conclusion of the contract, the Consumer may terminate the contract, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having ordered, under the same terms, the Seller to make delivery or to provide the service within a reasonable additional time, the latter has not been performed within that time.
The contract is considered terminated upon receipt by the Seller of the letter or writing informing him of such termination, unless the Seller has performed in the meantime.
Article 6 - Right of withdrawal and withdrawal form
In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Client has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for the provision of services, to retract. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, within fourteen days of receipt by the Seller of the refund request.
The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to the Seller. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.
If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
The Customer is recommended to make the return using a solution allowing the parcel to be tracked. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services or transport providers in order to ask them to locate the latter.
The refund will be made by using the same means of payment as that chosen by the Customer for the initial transaction, except with the express agreement of the Customer for the Seller to use another method of payment, and insofar as the reimbursement does not incur costs for the Customer .
The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration does not has not taken place previously.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s), the Customer may be held liable.
In accordance with article L. 221-5 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site : Withdrawal form
Article 7 - Exceptions to the right of withdrawal
The Site offers the sale of the following Products, for which the right of withdrawal of Consumer Customers cannot apply, by virtue of Article L. 221-28 of the Code of consumption: Custom-made or modified products.
The Customer acknowledges having read this list, notified prior to the sale in these GTC.
The Services starting immediately after the purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressed an express waiver of his right of withdrawal. . The right of withdrawal cannot be exercised in the context of the provision of a material medium, the execution of which has begun before the end of the withdrawal period with the Customer expressly waiving his right of withdrawal.
Article 8 - Product Guarantee
- 8.1. All products have strictly the same warranty as that of our suppliers. Machining carried out after treatment voids this warranty. Any product used can no longer be guaranteed.
- 8.2. Excluded are apparent defects, faults and deterioration caused by normal wear and tear, an external accident (incorrect assembly, faulty maintenance, abnormal use, etc.),ention of a third party, or a modification of the product not foreseen or specified by RA SARL. For sales to professionals, the legal guarantee against hidden defects in articles 1641 and following of the Civil Code can only lead to a replacement of the product.
- 8.3. Legal guarantees offered to the Consumer.
- 8.3.1. Guarantee of conformity. For its consumer customers only, RA SARL is liable for any lack of conformity of the products in accordance with the provisions of the Consumer Code. Subject to presentation of proof of purchase, the customer has a period of two (2) years from delivery of the product to assert the legal guarantee of conformity. During these two (2) years, the customer is exempt from providing proof of the existence of the lack of conformity. In the event of a lack of conformity, the customer chooses between repair and replacement of the product. However, RA SARL may not proceed according to the customer's choice if this entails a manifestly disproportionate cost in relation to the other proposed method, taking into account the value of the property or the importance of the defect. If, however, none of the solutions envisaged can be implemented in the month following the complaint, the customer will have the possibility of requesting a reduction in price or the cancellation of the contract, it being specified that the cancellation of the contract may not be accepted. if the lack of conformity is minor. The legal guarantee of conformity applies regardless of any commercial guarantee granted.
- 8.3.2. Guarantee of hidden defects. For its consumer customers, RA SARL is liable for hidden product defects in accordance with articles 1641 and following of the Civil Code. Subject to presentation of proof of purchase, the customer can claim the warranty against hidden defects within two (2) years of discovery of the defect. To benefit from the warranty against hidden defects, the customer must provide proof that the defect was not apparent, existed at the time of purchase and renders the product unfit for the use for which it was intended or greatly reduces this use. If the customer provides such proof, he may choose between canceling the sale or reducing the sale price.
Article 9 - Customer Service
Customer service for this Site is accessible by e-mail at the following address: email@example.com or by post at the address indicated in the legal notices. The Seller also provides its Customers with a hotline, or telephone assistance, to answer their questions. Telephone support can be contacted on 02 51 13 96 93 (non-premium number).
Article 10 - Liability
The Seller cannot be held responsible for the breach of the contract due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any indirect damages as a result of these, operating losses, loss of profit, damages or costs, which may occur.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products in particular due to incompatibility of the equipment cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows the withdrawal, according to Articles L. 221 -18 and following of the Consumer Code.
The Customer expressly admits to using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, the Seller can in no way be held responsible:
- for any direct or indirect damage, in particular as regards loss of profits, loss of profit, loss of customers, of data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;
- from a malfunction, unavailability of access, improper use, improper configuration of the Customer's computer, or the use of a browser little used by the Customer;
- the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual, the responsibility of the Vendeur cannot therefore be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are incorrect or incomplete.
Article 11 - Intellectual property rights
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the permission of their owners. Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and appears to be counterfeit.
Any Customer who is found guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative of the Seller or its agent.
This Site uses elements (images, photographs, content) whose credits go to RA SARL or other private companies.
The brands and logos contained in the Site may be registered by RA SARL, or possibly by one of its partners. Anyone carrying out their representations, reproductions, overlaps, diffusions and reruns incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.
Article 12 - Independence of clauses
If a stipulation of the GTC is deemed illegal, void or for any other reason inapplicable, then this provision will be deemed divisible from the GTC and will not affect the validity and applicability of the remaining provisions.
These present GTC replace all previous or contemporary written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Customer himself.
A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings in connection with the GTC. The parties agree that all correspondence relating to these T & Cs must be written in the French language.
Article 13 - Applicable law and mediation
These GTC are governed by and subject to French law.
Unless there are provisions of public order, any disputes that may arise in the context of the execution of these T & Cs may before any legal action be submitted to the assessment of the Site Editor for an amicable settlement. .
It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided in public order, any legal action relating to the execution of these GTCS must be subject to the jurisdiction of the courts of the jurisdiction of the place of domicile of the defendant.
According to Article L. 612-1 of the Consumer Code, it is recalled that "every consumer has the right to use a consumer mediator free of charge for the amicable resolution of the dispute between him and her. a professional. To this end, the trader guarantees the consumer effective recourse to a consumer mediation system ”. As such, RA SARL offers its Consumer Customers, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- Mediator of the Médicys approved mediation center
It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.
All rights reserved - November 06, 2020