General Terms & Conditions of Sale

ARTICLE 1 - SCOPE / ACCEPTANCE:

These General Conditions of Sale (hereinafter the "GTC") apply to all orders placed by individuals (hereinafter the Customer) on the website www.astraeeshop.fr (hereinafter "the Site") relating to the purchase of products presented on the Site by the company ASTRAEE.

Any order placed on the Site implies the prior acceptance of these T & Cs by the Customer, who acknowledges it by checking the box provided for this use and after having read these T & Cs made available on the Site.
These T & Cs can also be downloaded at any time on the Site. The latter thus acknowledges that the General Terms and Conditions of Sale are made available to him in a manner allowing their preservation and reproduction, in accordance with article 1369-4 of the Civil Code.

These General Conditions of Sale cancel and replace those previously appearing on any other document and on the Site.
No particular condition can, except formal and written acceptance of ASTRAEE, prevail over these General Conditions of Sale.

The fact that ASTRAEE does not avail itself at a given time of any one of these General Terms and Conditions of Sale cannot be interpreted as a waiver of any subsequent use of any of the said conditions.
They are written in French in their original version which alone is authentic. If any provision of these General Conditions of Sale is declared void by a Court or any other administration or authority, such a decision shall in no case affect the validity of the other provisions.

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ARTICLE 2 - THE PRODUCTS:

The representations of the Products are communicated for illustrative purposes. The Products are described precisely as to their specificities and qualities on the Site. For any additional information on the Products, the Customer will contact Customer Service.
Consequently, the Customer is deemed to have full knowledge of the Products he acquires and acknowledges that he was able to obtain the information relating to the Products he ordered.

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ARTICLE 3 - ORDERS:

The online sales offers presented on the site are valid, in the absence of a specific duration indication, as long as the Products appear in the electronic catalog and within the limits of available stocks.
In order to place the Order, the Customer must provide data concerning him and complete an online form accessible from the Site.

The sales contract between ASTRAEE and the Customer is formed when the Customer clicks on the “Validate” button when confirming his Order.

Until this final step, the Customer has the possibility of returning to the previous pages and of correcting and modifying his Order and the information provided previously.
A confirmation email, acknowledging receipt of the Order and including all of this information, will then be sent to the Customer as soon as possible.

The Customer must therefore provide a valid email address when filling in the fields relating to his identity.

ASTRAEE reserves the right to refuse any order if the quantities of products ordered are abnormally high.
In the event that a Product ordered by the Customer is unavailable, ASTRAEE undertakes to inform the Customer by email as soon as it becomes aware of this unavailability.

This unavailability results in the cancellation of the Order and the reimbursement of the Customer, without delay and at the latest within thirty days, of the price of this order if his bank account has been debited. The reimbursement will be made by paypal, bank transfer or check.
ASTRAEE also reserves the right to cancel or refuse any Order for legitimate reasons, in particular if there was a dispute relating to the payment of a previous order.

As long as the order is not being prepared logistically, the Customer can cancel it. If the order has already been shipped, the Customer may exercise his right of withdrawal under the conditions provided for in Article 7. To exercise this right to cancel the Order, the Customer must go to the Site in the Contact section and complete the online form provided for this purpose, mentioning in particular the order number. Confirmation of receipt of this cancellation request will be sent by email.

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ARTICLE 4 - PAYMENT:

The prices of the Products indicated on the pages of the Site correspond to the prices inclusive of all taxes and excluding participation in logistics preparation and shipping costs. Participation in logistics and shipping preparation costs is detailed in the online order form and is specified prior to ordering.

ASTRAEE reserves the right to modify the prices of the Products presented on the Site. However, the Products will be invoiced to the Customer on the basis of the prices in force at the time of validation of the Order.
Payment for the Order will be made in a single installment upon ordering, exclusively through the Paypal site, which is a secure online payment method.

The Paypal payment order made cannot be canceled. Therefore, the payment of the Order by the Customer is irrevocable, without prejudice for the Customer to exercise his right of withdrawal or subsequent cancellation of the Order.
THE TRANSFER OF OWNERSHIP OF THE PRODUCT TO THE CUSTOMER WILL TAKE PLACE ONLY AT THE TIME OF FULL COLLECTION OF THE PRICE BY ASTRAEE.

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ARTICLE 5 - DELIVERY :

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The Product will be delivered to the contact details indicated by the Customer in the form filled in during the Order.
ASTRAEE undertakes to deliver the Product that is the subject of the Order within the time period indicated in the Order. In the absence of a specified deadline, ASTRAEE undertakes to deliver the Product within thirty calendar days from the day following the validation of the Order.

Delay in delivery exceeding this period of more than seven days and not due to a non-performance or improper performance of its obligations by the Customer or to a case of force majeure may result in the termination of the sale by the Customer.
In the event that the deadline is exceeded by more than 7 days by ASTRAEE, an email will be sent to the Customer and the latter will have the possibility of canceling the Order and, if his bank account has already been debited, to refund the price of the Product. within 14 calendar days.

If the Product is delivered after the cancellation of the Order, reimbursement will take place upon receipt by ASTRAEE under the conditions provided for in article 6.

ASTRAEE bears the risks associated with transport until delivery, that is to say until the physical delivery of the goods to the recipient indicated in the order, provided that the procedure described below is followed:
When delivered by post or by a carrier, a delivery note must be signed by the Customer who must verify the conformity and the state of packaging of the product upon receipt.

The Customer must refuse delivery if the goods are damaged, missing or if the package has been opened or repackaged (except through customs).
In the event of damage or partial loss of the product, the Customer must imperatively formulate reservations on the delivery slip, a duplicate of which is sent to ASTRAEE, and, within three days of this receipt, notify these reservations to the carrier by letter. registered with acknowledgment of receipt.

If the goods accepted without reservation by the recipient at the time of delivery and / or in the absence of a letter addressed to the carrier within 3 days, is deemed to have arrived in good condition and in its entirety (number of pieces, identity in relation to the order , etc.). No claim can be taken care of by ASTRAEE and its responsibility can not be engaged.

All complaints relating to a defect in the delivered goods, an inaccuracy in the quantities or their incorrect reference in relation to the accepted offer or to the confirmation of the order by ASTRAEE, must be made to ASTRAEE by registered mail within 48 hours. from receipt of the goods, without neglecting, if necessary and in accordance with the provisions of this article, recourse against the carrier, failing which the Customer's right to claim will cease to be acquired.

ASTRAEE will acknowledge receipt and communicate, if applicable and by the means deemed most appropriate, to the Customer of its agreement to return the goods, which will be carried out under the conditions provided for in article 6.

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ARTICLE 6 - RETURN OF PRODUCTS:

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The return of goods is made only by post (unless otherwise specified). The Product will be returned (see “reimbursement” section below) at the risk and peril of the Customer. After obtaining the return agreement, the Customer has 14 calendar days to return the Products to ASTRAEE at the following address: SARL ASTRAEE, 35 b rueMontgolfier 69100 Villeurbanne.

When this period expires on a weekend, public holiday or non-working day, it is extended until the next working day.
Products must be returned with a copy of the invoice. Any returned product must be returned in its original packaging, which alone allows the product to be transported in good conditions, including all of the product and its accessories.

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REFUNDS

Any refund request can only be taken into account after the arrival of the Products returned to ASTRAEE according to the return procedure indicated above or after receipt of the formal shipping proof of the product (photo of the package before closing + proof of deposit of the package notified by the Post Office or by the carrier with package number + proof of payment of return costs).

In the event of a return and a refund request, the refund terms will be as follows (excluding any other compensation):
- Reimbursement of the product and shipping costs on the basis of the least expensive shipping service offered on the Site. ASTRAEE undertakes to proceed with the above repayment terms without delay and at the latest within 14 calendar days following the date on which the right of withdrawal was exercised.

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ARTICLE 7 - WITHDRAWAL:

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In accordance with the provisions of article L 121-20 of the Consumer Code, from the receipt of the Product by the Customer, the latter has a withdrawal period of 14 calendar days, allowing him, without having to justify for specific reasons, to return the delivered Product.
When this period expires on a weekend, public holiday or non-working day, it is extended until the next working day.

To exercise this right of withdrawal from the Order, the Customer must go to the Site in the Contact section and complete the online form provided for this purpose. A confirmation acknowledging receipt of this return request will be sent to him by email.
The conditions for returning products are detailed in article 6.

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ARTICLE 8 - GUARANTEE AND RESPONSIBILITY:

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All products supplied by ASTRAEE benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

Under these guarantees, ASTRAEE undertakes, at the Customer's choice, to reimburse or exchange the defective products or products that do not correspond to his order.

If the wish expressed by the Customer cannot be fulfilled within a period of one month following its complaint, or this replacement is impossible, the Customer will have the option of either returning the Product and then having the price of this Product returned if the payment has already taken place, or to keep the Product and only be reimbursed for part of the price.

L211-4 of the Consumer Code:

“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. "

L211-5 of the Consumer Code:

“To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have 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. "
L211-12 of the Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the goods.
1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item 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 would not have acquired it , or would have given a lower price, if he had known them.
1648 of the Civil Code:

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

ASTRAEE is fully responsible towards the Customer for the proper performance of the Order. However, the Seller cannot be held liable if it provides proof that the non-performance or poor performance of its obligations is attributable to the Customer, to the unforeseeable and insurmountable fact of a third party foreign to the provision of the services provided for in the Conditions, or to a case of force majeure.

ASTRAEE cannot be held liable for damages resulting from the fault of the Customer in the context of the use of the Products.

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ARTICLE 9 - INTELLECTUAL PROPERTY

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All the elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the Intellectual Property Code and belong to ASTRAEE.
The Customer shall refrain from infringing the intellectual property rights relating to these elements and in particular from reproducing, representing, modifying, adapting, translating, extracting and / or reusing any qualitatively or quantitatively substantial part, to the exclusion of acts necessary for their normal and correct use.

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ARTICLE 10 - PERSONAL DATA

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The Customer is informed that, during his navigation and in the context of the Order, personal data concerning him are collected and processed by ASTRAEE as data controller, in particular through the online form intended to complete the Ordered.
The Customer is informed that the Order cannot be placed if this form is not correctly completed.

This form contains an indication of the optional or compulsory nature of the fields to be completed.
The recipient of the data thus collected is: SARL ASTRAEE, 35 b rue Montgolfier 69100 Villeurbanne.
This processing is the subject of a declaration to the Commission Nationale Informatique et Libertés in application of the law n ° 78-17 of January 6, 1978.
This data is used for the processing of the Order as well as to improve and personalize the services offered by ASTRAEE.
They are not intended to be passed on to third parties.
He has the right to oppose, free of charge, the data concerning him being used for prospecting purposes, in particular commercial, by ASTRAEE or by the person in charge of subsequent processing. The Customer, if he can justify his identity, has the right to question ASTRAEE in order to obtain confirmation that personal data concerning him are or are not the subject of this processing, information relating to the purposes of the processing, to the categories of personal data. personal data processed and to the recipients or categories of recipients to whom the data are communicated, where applicable, information relating to the transfers of personal data envisaged to a non-member state of the European Community, the communication, in an accessible form, personal data concerning him as well as any available information as to the origin of these, information allowing to know and story ster the logic underlying the automated processing in the event of a decision taken on the basis of it and producing legal effects with regard to the interested party.
The Customer is informed that a copy of the personal data can be delivered to him at his request. The Customer, if he can prove his identity, also has the right to require ASTRAEE to rectify, complete, update, lock or erase personal data concerning him, which is inaccurate, incomplete, ambiguous, expired, or whose collection, use, disclosure or retention is prohibited. In order to exercise this right, the Customer will send a letter to ASTRAEE in its capacity as data controller, to the following address: SARL ASTRAEE, 35 b rue Montgolfier 69100 Villeurbanne. When the Client requests it, ASTRAEE must justify, at no cost to the Client, that it has carried out the required operations. The Customer is informed that in the event of a dispute, the burden of proof rests on ASTRAEE, unless it is established that the disputed data have been communicated by the Customer or with his agreement. It is also informed that, when it obtains a modification of the recording, the Customer is place to obtain the reimbursement of the expenses corresponding to the cost of the aforementioned copy.

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ARTICLE 11 - CONVENTION ON PROOF

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It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the General Conditions of Sale, on condition that technical security measures intended to guarantee the confidentiality of the data exchanged are put in place. The two Parties agree that the E-mails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, in particular with regard to the transmission and acceptance of Orders. ASTRAEE will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. ASTRAEE's computerized records will be considered by the Parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise.

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ARTICLE 12 - PARTIAL INVALIDITY

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If one or more of the provisions of the General Conditions of Sale were deemed illegal or void, this nullity would not result in the nullity of the other provisions of these Conditions, unless these provisions were inseparable from the invalidated provision.

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ARTICLE 13 - APPLICABLE LAW

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The General Conditions of Sale are governed by French law. French law is applicable without however excluding the application of mandatory legislative rights granted to consumers or of a mandatory law more protective by the foreign judge seized by a consumer of the corresponding country.

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ARTICLE 14 - DISPUTES

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The Parties agree that in the event of a dispute that may arise concerning the execution or interpretation of the General Conditions of Sale, they will endeavor to find an amicable solution. If this attempt at amicable resolution of the dispute fails, it will be brought before the competent Courts.

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