General conditions of use and sale Article 1: Website operator
The BSA Company (hereinafter, "BSA" or the "Company") whose registered office is located at: 77 Avenue de la République, 93170 Bagnolet, France publishes and operates the website: www.tradaka.com (here- after, “Website”).
BSA is registered in the Paris Trade and Companies Register under SIREN number 843 831 835 (intra-community VAT: FR90 843831835).
The Company can be contacted at the following coordinates:
Phone: 01 57 42 11 89
Email address: email@example.com
The Company's Customer Service is available:
By telephone on 01 57 42 11 89 from Monday to Friday from 10 a.m. to 6 p.m. (price of a local call), and by email from Monday to Friday from 9 a.m. to 6 p.m. on our site directly by sending a request via the "Contact" section. us ”or via the email address firstname.lastname@example.org
Article 2: Purpose
The BSA Company operates the Website, through which it offers wholesale (hereinafter, the “Sale”) to professional buyers (hereinafter the “Customers”) all types of consumer products, with the exception of food products (hereinafter the “Products” or “Goods”).
The Company and the Client are hereinafter referred to together or individually as a "Party".
The purpose of these General Conditions of Use and Sale (hereinafter referred to as the "General Conditions") is to define the terms and conditions under which the Sales of Products offered by BSA on the Website are carried out (hereinafter , the “Services”), as well as to define the rights and obligations of the Parties in this context.
They express the entire agreement of the Parties and cancel and replace any prior agreement, letter, offer or other written or oral document having the same purpose. They are accessible and printable at any time by a direct link on the home page of the Website.
The Parties acknowledge having exchanged and having mutually and fully informed each other of their expectations, skills and constraints, prior to the Sale of the Product (s).
The Customer acknowledges having read the characteristics and constraints, in particular technical, of all the Services and that he has received from the Company all the advice, instructions and details necessary for him to subscribe to these.
These General Conditions are written in French. They can be translated into other languages. In case of contradiction, only the French version is authentic between the Company and its Customers. Where applicable, the General Conditions may be supplemented by specific particular conditions which are indicated on the Website.
Article 3: Acceptance of the General Conditions
Any order for Products made by a Customer on the Website implies the formation of a distance sales contract resulting in the irrevocable acceptance of the General Conditions by the Customer.
Consequently, the Customer declares by confirming his order for Products under the conditions set out below in the article "Description of Services", to have read these General Conditions and to expressly accept them. This acceptance, which is materialized either by a checkbox on the registration form for Customers, or by a checkbox at the time of the validation of the order of Products, can only be full and complete, without modification of whatever nature. Any membership subject to reservation is considered null and void.
The Company reserves the right to modify the General Conditions at any time and without notice. Each new version of the General Conditions is applicable from the date of its posting on the Website, for orders placed after the date of their posting.
The Customer who does not agree to be bound by these General Conditions must not use the Services or access the Website.
Article 5: Registration on the Website
Any Customer has the option, but is not required, to open an account with the Company on the Website according to the procedure described below to benefit from the Services (hereinafter the "Account"). Only one Account can be created per Customer.
To open an Account, the Customer must:
complete a first registration form by completing all the required information, in particular the name of the structure and the email address of the person opening the Account, the information relating to the structure (SIRET number, VAT number, address of the registered office), to the legal representative, to the declaration of the beneficial owners;
choose a password. Once his Account has been validated, the Customer can change his password at any time, from his Account. It is recommended to change your password regularly. The Customer acknowledges and accepts that the email address provided on the registration form constitutes his connection identifier;
tick on the registration page the box "I have read and accept the general conditions of use and sale".
The Company reserves the right, at its discretion, to request any additional document before validating the opening of the Account, in particular on the power of the person who opened the Account to bind the Customer.
The Company also reserves the right, at any time after opening the Account, to implement any verification process that it deems useful, allowing it to verify in particular the quality of the Customer's professional, his email address or his contact details. .
Any Client guarantees the Company that the information provided on the registration form and / or during the selection procedure is correct and that it is not vitiated by any misleading nature. The Customer undertakes in particular to provide a valid email address and non-falsified supporting documents. The Customer undertakes to inform the Company without delay of any change in said information at the contact address indicated in the article "Website Operator" hereof.
The Customer acknowledges and accepts that the information entered for the purposes of creating or updating his Account constitutes proof of his identity.
The Customer can access the Services by logging into his Account with his email address and the password chosen or assigned during registration, which he recognizes and accepts.
Article 6: Strictly personal use
The person whose personal information corresponds to that which has been provided, either on the registration form or on the order validation form, to the exclusion of any other third party, is considered to be a Customer of the Services.
The Client therefore undertakes to use the Services personally, and not to allow any third party to use them in his place or for his own account, including another Client of the Services, except to bear full responsibility.
When the Account is opened on behalf of a legal person, it can only be operated by the person whose personal information corresponds to that provided when registering for the Services or validating the order, and / or by any person
expressly authorized by the Customer from his login details, which the Customer expressly acknowledges and accepts.
The Customer is also responsible for maintaining the confidentiality of his username and password and expressly acknowledges that any use of the Services from his Account will be deemed to have been carried out by himself.
In the event that the Customer finds that his Account is or has been used without his knowledge, he undertakes to notify the Company as soon as possible, at the address indicated in the article "Website Operator" .
Article 7: Non-commercial use
The Customer is forbidden to monetize, sell, concede, exchange and more generally, negotiate all or part of the access to the Services, to the servers of the Website, as well as to the information and / or texts, images, and other content exploited. by the Company in connection with the use of the Services.
Article 8: Duration
These General Conditions apply throughout the duration of use of the Services by the Customer
Article 9: Description of the Services
The Customer has access to the following Services in a form and according to the technical means that the Company deems most appropriate.
9.1 - Creation of a Personal Space
The opening of an Account on the Website automatically results in the allocation of a personal space (hereinafter “the Personal Space”) in a form and according to the technical means that the Company deems most appropriate to allow, in particular, to the Customer of:
enter or correct their personal information;
register their means of payment;
learn about their order history and invoices
receive notifications relating to its orders.
9.2 - Product search and basket constitution 9.3 - Product availability
The Products are available for Sale as long as they are offered in the Base, within the limit of available stocks. The Company expressly undertakes to make its best efforts to update the list of available Products. It is nevertheless specified that the Product may become unavailable between the time of addition to the basket and the validation of the order by the Customer, in accordance with the ordering procedure below.
In case of unavailability of a Product following an out of stock on the part of a Supplier, after confirmation of the order, the Customer will be informed by email.
The Company may offer, at its discretion, to the Client:
o the replacement of an identical product or of a higher range at an equivalent price. The Customer is free to accept or not the replacement of the Product. It is understood that the Company will bear the delivery costs of the new substituted Product, if applicable.
o The reimbursement of sums paid for the unavailable Product, within fourteen (14) days from the date of receipt of the email specifying the unavailability of the item. The Company will reimburse, at its discretion, either:
- in cash according to the means of payment chosen by the Customer when confirming his order (Customer's bank details or Paypal),
- in vouchers for an amount equivalent to the price of the unavailable Product
- partially in cash and vouchers, it being specified that the fraction of the price
voucher is not refundable.
9.4 - Procedures for placing an order for Products
The placing, validation and confirmation of an order for Products on the Website proceed as follows:
The Customer selects the Product (s), in the quantity he wishes to purchase, and places it (s) in his basket, by clicking on "Add to Basket".
He can access the summary of his basket at any time, by clicking on "View basket", and modify his order, as long as the order has not been definitively confirmed.
The Customer can enter a promotion code, modify his entry if it does not suit him and consult the price of his order including all taxes, in the "Summary" tab.
The Customer validates his basket by clicking on the "Confirm" tab.
The Customer must provide his delivery address as well as his
invoicing, before clicking on "Continue".
The Customer chooses the available delivery method of the Products (Colissimo,
Mondial Relay and / or specialized carrier depending on the size of the
order and its destination), in the "Shipping" tab.
Once the delivery method has been chosen, he is invited to confirm and / or to select the means of payment (bank details or account
The Customer must then tick the box "I have read the general conditions of
sale and I adhere to it without reservation "to confirm his order (hereinafter, the" Order Confirmation ".
The Sale will only be considered final after notification to the Customer of the order number.
The Confirmation of the order constitutes the formation of a contract between the Customer and the Company.
The Company reserves the right to cancel or refuse any order for legitimate reasons, in particular in the event of disputes relating to the payment of a previous order.
For any request to modify an order, the Customer is required to contact Customer Service as indicated in the article "Website operator".
9.5 - Product prices
For each Product, three price elements are indicated:
o the reference price, corresponding to the sale price usually charged by sellers offering the Product, on European territory, it being understood that this reference price does not take into account sale prices or prices benefiting from any discount. The Company will make its best efforts to indicate a reference price corresponding to the reality of the European market;
o the discounted price;
o the discount percentage.
The Company reserves the right to modify its prices at any time. In all cases, the prices in force are those indicated at the time of Confirmation of the order, which the Customer expressly acknowledges and accepts.
The price is indicated, at the time of the Confirmation of the order, in euros and includes all taxes included, excluding Sales of Products to overseas departments and territories or outside the European Union, in which case only the price of tax-free sale is indicated.
It includes the applicable VAT rate, if applicable, as well as the price of delivery, depending on the delivery address entered.
In the context of a delivery outside mainland France, the provisions of the General Tax Code relating to VAT apply. The order will then be subject to customs duties and any taxes. The Company is not required to inform Customers of applicable customs duties and taxes, which are the sole responsibility of the Customer.
The Customer acknowledges and accepts that the invoice corresponding to each Sale is accessible in his personal space, in a downloadable and printable format.
In the absence of an Account created, the Customer is required to keep the corresponding invoice, accessible in a downloadable and printable format at the time of Confirmation of the order.
The invoicing data recorded by the Company constitutes proof of the nature, content and date of the order, which the Customer expressly acknowledges and accepts.
The Customer is solely responsible for the proper completion of all formalities and in particular for the accounting obligations incumbent upon him, if any, in relation to his use of the Services.
9.6 - Terms of payment
Payment of the price of the order is due, due date, on the invoice date electronically issued by the Company, according to the method of payment proposed by the Company and selected by the Customer, namely:
- by bank cards, or
- through a Paypal account.
Any payment by credit card is made through the payment provider chosen by the Company and indicated on the Website (hereinafter the "Payment Provider"), which the Customer expressly acknowledges and accepts.
The Customer acknowledges and accepts that registration for the Services entails full acceptance of the general conditions of use of said Payment Service Provider or Paypal by checking the corresponding box when opening their Account.
The accepted bank cards are: CB, Visa, e-Carte Bleue, Mastercard, Visa Electron, Maestro.
Each Customer contracts directly with the Payment Service Provider. No banking data is kept by the Company
In order to facilitate the payment of future orders, the Payment Service Provider offers the Customer a system for backing up bank data by means of an optional "Memorize the card" checkbox on the Payment Service Provider's Internet page relating to the payment information of a ordered. In this case, the Customer's bank details are kept only on the payment service provider's server, in encrypted form. .
Saving the Customer's banking information is not mandatory to order on the Site. In addition, the Customer can delete, at any time, the contact details of his registered card by going to the “Manage cards” page accessible from his Personal Space.
In order to fight against fraudulent purchases, the Company reserves the right to ask the Customer, holder of the bank card with which the purchase of the Products was made, all the information and documents it deems useful for verification purposes. of his identity.
Without a response from the Customer within the period indicated by the Company by email, the Company reserves the right to cancel the order.
The order is not final until payment has been confirmed.
The acceptance of the order by the Company is confirmed by sending an email to the address indicated by the Customer.
9.7 - Technical Assistance
The Company offers the Customer technical assistance at the following telephone number: 01 57 42 11 89.
9.8 - Other Services
The Company reserves the right to offer any other Service, in a form and according to the functionalities and technical means that it deems most appropriate for providing said Services.
Article 10: Delivery 10.1 - General
The Products purchased on the Website are delivered to mainland France, French overseas departments and territories, Switzerland, Belgium, Monaco, Luxembourg, Austria, Germany, Andorra, Denmark, Eire, Spain, Finland, Italy, Norway, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Slovenia, Slovakia and Sweden.
The delivery of the Products is carried out according to the delivery method selected by the Customer on the Website.
If the order includes Products of different brands, or if the dimensions of the Product (s) so require, delivery of the Products will be carried out in installments, in several packages, which the Customer expressly acknowledges and accepts.
Delivery consists of the transfer to the Customer of physical possession or control of the product.
If the Customer wishes to entrust the delivery of the Products to a carrier of their choice other than those offered by the Company, and the Company expressly accepts this request, the risk of loss or damage to the Product will be transferred to the Customer upon delivery of the Produced to said carrier.
Any complaint relating to the non-conformity of the Products, under the conditions of the "Guarantees" article below, must be made by email to the address indicated in the "Website operator" article or by registered letter with acknowledgment of receipt under the conditions of the “Guarantees” article below.
The Customer must provide any justification as to the apparent defects observed or non-conformities and enable the Company to proceed to the observation of said defects.
The Customer acknowledges and accepts that he cannot, except to engage his responsibility, proceed to the refusal or the return of the Products or automatically deduct from the amount of an invoice any penalty or discount for non-compliance with a due date. delivery or for non-conformity of the Products, without having first enabled the Company to check the conformity of the said Products.
If the non-compliance of the Products is confirmed, the Company undertakes to reimburse the Customer for the price of the Products and the delivery costs, if applicable.
10.2 - Withdrawal
When the Customer has selected the collection from post offices or local shops, the Customer is required to go to the collection point, on the date and at the times indicated during the confirmation of delivery, accessible on the Website in the "My account / Orders" section.
The Products will be delivered against the Customer's signature, on presentation of the identity card.
In the absence of withdrawal of the Products by the Customer within a maximum period of ten (10) days after the agreed withdrawal day, the Products will be returned to the Company. The Customer will then be kept informed of this return and a new shipment will be offered, it being specified that the costs of this new shipment will be borne by the Company.
In the event that the collection point is full or closed, the Products can be automatically sent to another local store or the carrier's distribution center. The Customer will then be required to inform the new address of the collection point, by any means that the Company deems useful.
More information on: www.colissimo.fr
10.3 - Express Delivery
Express deliveries are only available in mainland France. In this case, the Products will be delivered to the delivery address indicated by the Customer, when Confirming the order, without signing the delivery note.
If the size of the Products does not allow them to be inserted in the Customer's letterbox, and the Customer is absent, the delivery person will choose, at his option, for:
o delivery of the Products to the caretaker, reception or a neighbor;
o provision of the Products at a pick-up point closest to the address of
delivery indicated. The package will then be kept for ten (10) days from the date of receipt. After this period, and if the Products are not collected by the Customer, they will be returned to the Company under the conditions provided for in the “Withdrawal” article.
More information on: www.geodis.com
10.4 - Delivery by carrier
The Products are delivered to the delivery address indicated by the Customer when Confirming the order.
The carrier is not required to deliver the Products upstairs, which the Customer expressly acknowledges and accepts.
The Customer agrees to be present at the address provided when ordering for the entire selected time slot. In the event that the Customer is not present, the carrier undertakes to contact him directly to set a new delivery schedule or
deliver the order to a neighbor. In this case, the delivery will be considered as carried out correctly.
If the Customer cannot be reached, the carrier undertakes to leave a notification of passage and will keep the Products available to the Customer for a maximum period of ten (10) days at a collection point near the delivery address. indicated by the Customer. After this period, and if the Products are not collected by the Customer, they will be returned to the Company under the conditions provided for in the “Withdrawal” article.
When it is expressly mentioned on the Product Sheet of a delivery in the room chosen by the Customer, the latter must first ensure that the dimensions of the Products allow access to the building and / or to the room. of use. If the delivery requires the use of a freight elevator, a basket or other specific equipment, the additional costs will remain the sole responsibility of the Customer.
Receipt of the Products is evidenced by the signature by the Customer of a delivery slip given to the carrier under the following conditions:
o The Customer must unpack the package and check its contents in the presence of the deliverer before signing the slip;
- If the products are damaged, the Customer must refuse the package by entering the damage noted on the delivery slip;
- If the delivery person refuses to assist with unpacking, write on the slip: "Risk
of damaged merchandise ”.
o The Customer has a three (3) day delay following the date of receipt to confirm
its reservations by registered letter to the carrier.
It is the Customer's responsibility to check the item (s) in the presence of the carrier.
10.5 - Tracking of a package
The Company may, at its discretion, send to the address indicated by the Customer at the time of Confirmation of the order, an email notification of dispatch of the order including in particular the tracking number of the parcel, if that - this has been communicated by the carrier.
In all cases, delivery tracking as well as the identity of the transport provider are available on the Website in the "My account / Orders" section. The Customer can also follow the delivery status of his order, using the parcel tracking number communicated in the shipping notification email for his order on the carrier's website.
The delivery time of the Products is communicated to the Customer as an indication and corresponds to the shipping processing time to which is added the delivery time.
10.6 - Late delivery
Any delay in delivery observed by the Customer must be notified to Customer Service, accessible at the address indicated in the article "Website operator", by sending an email via the contact form, or by telephone on 01 57 42 11 89 from Monday to Friday from 10 a.m. to 6 p.m.
In the absence of delivery at the expiration of the deadline, the Customer may order, by registered letter with acknowledgment of receipt or in writing on a durable medium, the Company to make delivery within a reasonable additional period.
If the Company has not complied within this period, the Customer will have the possibility, in accordance with article L. 216-2 of the Consumer Code, to resolve his order by sending a registered letter with request. acknowledgment of receipt or by e-mail to the address indicated in the "Website Operator" section.
The sales contract is considered terminated on the date of receipt of the letter informing the Company of this resolution, unless it has been executed in the meantime.
The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date on which the contract was terminated.
An investigation into the carrier's late delivery conditions may be carried out (abnormal delivery time, undelivered package, etc.), upon notification to the Company by the Customer as soon as possible, and no later than three (3) months from from the date of expected delivery of the package. After this period, no complaint can be taken into account.
No refund can be made as long as a carrier investigation is in progress, it being specified that the duration of the investigation may vary from fifteen (15) to ninety (90) days, depending on the destination address. and the chosen delivery method.
Article 11: Return of Products 11.1 - Withdrawal
The right of withdrawal is applicable to any professional customer, provided that the object of the sales contract does not fall within the scope of the Customer's main activity and that the number of employees employed by the Customer is less than or equal to five (5).
The Customer has a period of fourteen (14) working days from receipt of the Product to inform the Company of his decision to withdraw, if he wishes not to keep one, several, or all of the Products of his order. . The Customer does not have to justify reasons to exercise his right of withdrawal.
The date of receipt is understood as the date on which the Customer or an authorized third party took possession of the Products at the place indicated when ordering: home, post office or business.
The Customer may exercise this right by sending the Company, before the expiry of the aforementioned period, a declaration, unambiguous, expressing his desire to withdraw.
The Customer can either connect to the Website, under the “Contact us” section, and click on the “Return a product” tab, indicating the number of his order and the Products concerned, or use the form attached in annex to these General Conditions and send it to the Company at the following address: email@example.com.
The Customer also has a period of fourteen (14) days from his notification of his request for withdrawal to return the Product (s), at his own expense and under his sole responsibility, unless the Company offers, at its discretion, to collect the Products directly from the Customer.
The Product (s) must be returned in their original packaging, with all accessories if applicable, without any trace of use. It must be accompanied by a copy of the corresponding purchase invoice. The Customer is deemed to be responsible for any deterioration of the Product (s) upon return to the Company.
The Customer will be reimbursed as soon as possible and at the latest within fourteen (14) days from the date of effective receipt by the Company of the withdrawal request, of all the sums paid for his order. The Customer is informed that the Company however reserves the right to defer this reimbursement until the effective recovery of the Product.
The refund is made using the same means of payment as that selected by the Customer for the initial transaction.
The Company will not be required to reimburse the additional costs, if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The Buyer acknowledges and accepts that the right of withdrawal cannot be opposed in the event of a Sale relating to a Product referred to in Article L.221-28 of the Consumer Code and in particular, for:
All goods made on request or clearly personalized, in particular the assembly and / or adjustment of fasteners, etc;
Any deteriorable or perishable goods quickly;
All goods opened by the Buyer and non-returnable for hygiene reasons
or health protection;
All goods inseparable from other articles;
Any CD, DVD or computer software opened by the Buyer.
11.2 - Company guarantees
The Products offered by the Company comply with the European legislation in force and the standards applicable in Europe.
The Customer, and only him, benefits from the legal guarantee of non-conformity under the conditions of article L.217-4 et seq. Of the Consumer Code according to which "the seller is required to deliver goods in conformity with the contract and responds to 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 ”.
It is specified that, according to the provisions of Article L.217-5 of the Consumer Code, "The good complies with the contract:
1 ° if it is suitable for the use usually expected of a similar good and, where applicable:
o If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
o If it has 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 if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ".
Under the terms of Article L.217-12 of the Consumer Code, the Customer is informed that "the action resulting from the lack of conformity lapses two years after delivery of the goods".
The Company is also liable for hidden defects in the item sold under the conditions provided for in article 1641 of the Civil Code under the terms of which “the seller is bound by the guarantee for hidden faults in the item sold which make it unfit for use. 'use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them ”.
The Customer is informed that according to article 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". If the Customer decides to implement the warranty against hidden defects of the Product sold, he can choose between terminating the Sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
- has a period of two (2) years from the delivery of the goods to act;
- can choose between repair or replacement of the good, subject to the conditions
cost provided for in Article L217-4 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods.
It is also recalled that the legal guarantee of conformity applies regardless of any commercial guarantee that may be granted by the Supplier, as indicated in the Product Sheet.
In the event of non-compliance of the Product (s), the Customer may return it (s) to the Company by respecting the following procedure:
- By email, either in the "Contact us" section of the Website, by clicking on the "Defective product - Non-compliant" tab, or at the following address firstname.lastname@example.org.
The Customer must enter his email address and indicate the order number, the Product (s) concerned and the reason (s) for the return.
- By phone on 01 57 42 11 89 (price of a local call), switchboard open Monday to Friday from 10 a.m. to 6 p.m.
In the context of a return of a non-conforming Product or a hidden defect, the delivery costs are borne by the Company.
Depending on the size or template of the Product, the Company may choose to send a prepaid return slip by e-mail to the address indicated by the Customer, or to plan the transport of the Product by a specialized carrier chosen by the Company, to the delivery address of the Company's returns service from the address of the Customer, sender.
In the event of a return by prepaid Mondial Relay voucher, the Customer is required to affix the said voucher to the product packaging and drop the parcel at a Mondial Relay relay point. The list of relay points is available on the website of the carrier Mondial Relay.
In the event of a return by prepaid Collissimo voucher, the Customer is required to stick the said voucher on the product packaging and drop the parcel in a post office.
As part of a collection of the Product by the carrier chosen by the Company, the Customer agrees to be present at the shipping address indicated, for the entire time slot agreed with the carrier.
No return will be accepted if the returned Products have been visibly used or damaged by the Customer and this use or damage renders the Products unfit for sale, which the Customer expressly acknowledges and accepts. If the return is refused by the Company, the Products will then be returned to the Customer at the Company's expense, without the Customer being able to demand any compensation or right to reimbursement.
In the event of a return accepted by the Company, the latter will, at its discretion, offer the Customer:
- replacement by an identical Product or of an equivalent quality and price, within the limits of available stocks;
- reimbursement of the price of the returned Product under the conditions provided below.
The Customer will be reimbursed as soon as possible and at the latest within fourteen (14) days from the date of validation of the Products returned by the Company, of all the sums paid for the returned Product (s). The Customer is informed that the Company however reserves the right to defer this reimbursement until the effective recovery of the Product.
The reimbursement of a full order will result in a full reimbursement thereof, including shipping costs.
The partial reimbursement of the order will give rise to the reimbursement of the Products concerned, excluding shipping costs. The reimbursement of shipping costs may be made, if the amount of the remaining Product is less than the amount of shipping costs paid.
The Company will reimburse, at its discretion, either:
- in cash according to the means of payment chosen by the Customer when confirming his order (Customer's bank details or Paypal),
- in vouchers for an amount equivalent to the price of the unavailable Product
- partially in cash and vouchers, it being specified that the fraction of the price
voucher is not refundable.
11.3 - Supplier guarantees
Any guarantees attached to the Products are described on the Product Sheets. These correspond to the guarantees granted by the Suppliers and take effect from the date of purchase.
The Company cannot be held liable under any circumstances under the guarantees expressly granted by the Suppliers. The terms of return, support and reimbursement are identical to those in Article 11.2.
Article 12: Discount coupons
Discount coupons (promotional codes) are valid only once. They are available and visible in the "Discount coupons" section of "My account". Discount coupons communicated by email will not appear directly in this section. The Customer is therefore required to keep the promotional code in order to be able to use it later.
Discount coupons are valid for six (6) months from the date they are obtained. They can be used on all the Products offered for Sale on the Website, with the exception of travel sales, tickets, coupons and services.
Article 13: Website hosting
The Company undertakes to ensure, under the terms of an obligation of means, the hosting of the Website, in accordance with the practices of the profession and the state of the art, on its own servers or by a service provider. 'professional accommodation, carrying out its activity in accordance with the customs of the profession and the state of the art.
In this context, the Company undertakes to provide the Customer with sufficient storage and processing capacities within the framework of the Services, in accordance with the practices of the profession and the state of the art.
The Company undertakes to implement all the technical means, in accordance with the state of the art, necessary to ensure the security and access to the Services, relating to the protection and surveillance of infrastructures, the control physical and / or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from malicious acts.
The Company also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated processing of data implemented for the needs of the Services, to preserve the security of the data, and in particular to prevent they are distorted, damaged or accessed by unauthorized third parties.
Article 14: Service level guarantee
The Company is committed to ensuring the permanence, continuity and quality of access to the Services.
As such, the Company will make its best efforts to maintain access to the Website 24 hours a day, 7 days a week, except in cases of force majeure or scheduled maintenance.
In addition, given the complexity of the Internet, the unequal capacities of the various sub-networks, the influx at certain times, at the various bottlenecks over which the Company has no control, the responsibility for that - this will be limited to the operation of its servers, the outer limits of which are constituted by the connection points.
The Company cannot be held responsible for (i) access speeds to its servers, (ii) external slowdowns to its servers, and (iii) poor transmissions due to a failure or malfunction of these networks.
If necessary, the Company reserves the right to limit or suspend access to the Website in order to carry out any maintenance and / or improvement operation. In this case, the Company undertakes to inform the Customer in advance by any useful means of these maintenance and / or improvement operations and in particular by general informative message on the home page of the Website, of these maintenance operations.
As part of these maintenance and / or development operations, the Company undertakes to make its best efforts to back up the content stored in the Customers' Personal Space.
The Customer acknowledges and accepts that this service level guarantee does not cover any breakdown or interruption of the Services caused by telecom operators or providers of Internet and mobile web access.
In any event, it is expressly agreed between the Parties that the violation of any commitment provided for in this article may in no case be penalized by the breach of the General Conditions and its liability will be limited under the conditions provided below in the article "Liability".
Article 15: Intellectual property
The systems, software, structures, infrastructures, databases, codes and content of any kind (texts, images, visuals, logos, brands, databases, etc.) operated by the Company on the Website, as well as the Website itself, are protected by all intellectual property rights or database producer rights in force. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited. and may be the subject of legal proceedings.
Article 16: Obligations of the Client
Without prejudice to the other obligations provided for herein, the Customer undertakes to comply with the following obligations.
(i) The Customer undertakes, in his use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
He is also solely responsible for the proper completion of all formalities and all payments of all kinds incumbent upon him, if any, in connection with his use of the Services.
(ii) The Customer acknowledges that he is solely responsible for his use of the Services and in particular for the information he communicates in the context of a Sale.
(iii) The Customer acknowledges having read the characteristics and constraints,
particularly technical, of all the Services.
(iv) The Client undertakes to provide the Company with all documents, elements, data and
information necessary for the proper performance of the Services. More generally, he undertakes to cooperate actively with the Company with a view to the proper execution of these presents and to inform it of any difficulties related to this execution.
(v) The Customer is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
(vi) Finally, he acknowledges that the Services offer him an additional, alternative, buying and selling solution and that this solution cannot replace other means which the Customer may otherwise have available to achieve the same objective.
It is strictly forbidden to use the Services for the following purposes:
- the exercise of illegal, fraudulent or infringing activities on the rights or safety of third parties,
- breach of public order or violation of the laws and regulations in force,
- intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the system
third party IT, violate its integrity or security,
- aid or encouragement, in any form and in any way,
to one or more of the acts and activities described above,
- and more generally any practice diverting the Services for other purposes
than those for which they were designed.
It is strictly forbidden for any Customer to copy and / or divert the concept, technologies or any other element of the Website for their own purposes or those of third parties.
The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Company's systems, (iii) any misappropriation of system resources of the Website, (iv) all actions likely to impose a disproportionate load on the latter's infrastructures, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and financial, commercial or
morals of the Company, and finally more generally (vii) any breach of these General Conditions.
Article 17: Obligations of the Client
In the event of a breach of any of the provisions of these General Conditions or more generally of a breach of laws and regulations by the Customer, the Company reserves the right to:
(i) suspend temporarily or permanently, without delay, access to the Services of the Client, author of the breach or offense, or having participated in it, and in particular, in the event of the provision of erroneous, incomplete or false information or expired during registration,
(ii) take all appropriate measures and initiate any legal action,
(iii) warn the competent authorities, if necessary, cooperate with them and provide them with all the information useful for research and law enforcement
illegal or illicit activities.
In the event of the Client's breach of an essential obligation arising from these General Conditions, or of repeated breach of them, the Company reserves the right to terminate the Client's access to all or part of the Services, with immediate effect, by E-mail. The termination takes effect automatically on the date of sending, by the Company, of the writing addressed to the Customer in application of this clause. It automatically and without prior notice results in the deletion of the Account, without prejudice to any other consequences that may be induced in application of these General Conditions.
Article 18: Confidentiality
During the entire period of opening of the Account and for a period of three (3) years after the closure of said Account, the Parties undertake to keep all information and documents of any kind strictly confidential. that they would have received from each other in execution of the present and / or constituted in execution of the present.
Article 19: Unsubscribe
19.1 - Closing the Account
Any Customer may unsubscribe from the Services at any time and denounce these General Conditions, without having to justify reasons, subject to sending the Company a notification by any means deemed useful and in particular by the button for this purpose in its Space. Staff.
The unsubscription is effective within a maximum period of forty-eight (48) hours of the unsubscription request.
19.2 - Termination for breach
In the event of the Customer's breach of any of his obligations under these General Conditions, which would not be remedied within thirty (30) days
calendar from receipt of a formal notice to remedy said breach, the Company may, as of right and without legal formalities, terminate these General Conditions and close its Account.
The termination hereof will be without prejudice to any damages to which the Company may claim as a result of the Client's default and any penalty which may be due to him.
19.3 - Consequences of the end of the Services
The Customer acknowledges and admits that the end of the Services, for any reason whatsoever, results in the final closure of the Account, which then no longer has access to his Personal Space.
He expressly acknowledges that the Company cannot be held liable for any loss or alteration of information stored in the Personal Space, occurring after the closure of his Account, whatever the cause, and in particular following maintenance and / or updating of the Website.
Article 20: Limitations of liability and guarantee of the Company
The Company undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs an obligation of means, to the exclusion of any obligation of result, which the Customer recognizes and accepts. expressly.
Under the terms hereof, there is no specific legal structure between the Company and the Client, each retaining full autonomy, responsibilities and its own clientele.
The Company offers no guarantee to Customers as to the number and diversity of the Products offered for Sale on the Website.
Any Customer also recognizes and accepts that the Company can in no way be held liable in the event that a Supplier does not comply with the legal obligations or the guarantees expressly granted by the latter.
In addition, the Company does not guarantee the Client that:
the Services, subject to constant research to improve performance and progress, will be completely free from vices, errors or faults;
the Services being standard and in no way offered for the sole intention of the Customer according to his own personal constraints, will specifically meet the needs and expectations of the Customer;
the Website will operate uninterruptedly, the Company reserving the right to temporarily interrupt access to the Website for maintenance reasons under the conditions of the article "Guarantee of service level", and cannot under any circumstances be held responsible for disturbances or failures of the Internet network or the telecommunications network, and more generally which have their origin in circumstances which are external to it or resulting from force majeure.
Subject to these reservations, the Company may be held liable under the conditions of common law solely for direct damage suffered by the Customer, resulting from a breach of its contractual obligations as defined herein.
The Customer therefore waives claiming compensation from the Company for any reason whatsoever, for indirect damage, and in particular loss of profit, loss of opportunity, commercial or financial damage, increase in overheads or losses finding their origin or being the consequence of the execution hereof.
Article 21: Protection of personal data
The Company declares that it complies with all the legal and regulatory obligations incumbent on it in terms of the protection of personal data aimed at guaranteeing in particular the security and confidentiality of the data collected and processed.
Article 22: Advertising
The Company reserves the right to insert, on any page of the Website and in any communication to the Client, any advertising or promotional messages in a form and under conditions of which the Company shall be the sole judge.
Article 23: Links and third party sites
The Company cannot under any circumstances be held responsible for the technical availability of websites operated by third parties (including any partners) to which the Customer would access through the Website.
The Company assumes no responsibility for the content, advertising, products and / or services available on such third-party sites which are reminded that they are governed by their own conditions of use.
The Company is also not responsible for transactions between the Customer and any advertiser, professional or merchant (including any partners) to whom the Customer is directed through the Website and can in no case be party to any possible litigation whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are bound.
Article 24: Waiver
The fact that one of the Parties has not exercised any right or power in application of the provisions of these General Conditions, or of having exercised it late, may not be interpreted as a waiver of exercising all or part of this right or power, and any single or partial exercise of any right or power may not prevent a new implementation of this right or power.
Article 25: Force majeure
Neither Party can be held liable vis-à-vis the other Parties in the event that the performance of its obligations is delayed, restricted or made impossible due to the occurrence of an event of force majeure. In particular, the assumptions usually recognized by case law and French courts are considered as force majeure.
The occurrence of an event of force majeure will initially suspend the performance of the Services for a period which may not exceed three (3) months. In the event that the case of force majeure continues beyond the aforementioned period, the Parties may terminate these General Conditions, as of right, without legal formality, without notice and without the right to compensation of any kind whatsoever. , by sending a registered letter with acknowledgment of receipt having immediate effect.
Article 26: Nullity
If any of the provisions of these General Conditions were to be declared null or not applicable by reason of a law, a regulation or following a final decision rendered by a competent court, only this provision would be affected. of nullity, the other provisions will retain all their force and scope.
Article 27: Modifications of the General Conditions
The Company reserves the right to modify these General Conditions at any time, and in particular the possibility of modifying and / or stopping offering all or part of the Services, at any time at its free discretion.
The Customer will be informed of these modifications by any useful means, at least thirty (30) days before their entry into force. The amended General Conditions will apply immediately.
The Customer who does not accept the modified General Conditions must unsubscribe from the Services before the entry into force of said modified General Conditions.
Any Customer who uses the Services after the entry into force of the amended General Conditions is deemed to have accepted these changes, which will be fully applicable to him.
Article 28: Applicable law - Mediation of consumer disputes - jurisdiction of the courts
These General Conditions will be governed by French law.
In the event of a dispute, the Customer will first contact the Company to obtain an amicable solution.
The Customer who uses the Services outside of any professional activity and for his only private needs, has the option of using a consumer mediator free of charge.
in accordance with the provisions of Article L.612-1 of the Consumer Code, prior to the initiation of any action before the competent courts.
As such, the Client may use the mediation service offered by BSA free of charge, electronically email@example.com or by post: BSA - 77 Avenue de la République 93170 Bagnolet, France.
The request must contain:
- The postal, telephone and electronic contact details of the requesting Customer,
- A brief statement of the facts.
Before examination of the dispute by the competent court and in accordance with article L 612-2 of the Consumer Code, the consumer must justify having attempted, beforehand, to resolve his dispute directly with the customer service of www.tradaka.com, according to the methods described above.
The customer can also present any complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the event of failure in the appointment of the mediator or of the mediation itself, the most diligent party may apply to the competent court according to the terms below.
In the event of a dispute as to the validity, interpretation and / or execution of these General Conditions, the Parties agree that the courts of Paris will be exclusively competent to judge, unless mandatory rules to the contrary.
It is specified that the Customer can seize either one of the jurisdictions territorially competent under the Code of Civil Procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event, in accordance with the provisions of article R.631-3 of the Consumer Code.
The Parties expressly agree that any document signed in a dematerialized manner using the services of the provider chosen by the Company:
- constitutes the original of said document;
- constitutes literal proof within the meaning of article 1316 of the Civil Code: it has the same
probative value that a written document signed by hand on paper and may
validly be opposed to the Parties;
- is likely to be produced in court, as literal proof, in the event of litigation, including
included in disputes between the Parties.
Items such as the date and time of receipt or issue, as well as the quality of the data received as appearing on the Company's information systems constitute proof of the content of the document, the identity of the signatory and of his consent to the obligations and rights arising from the document, except to provide written proof to the contrary by the Customer.
Article 30: Entry into force
These General Conditions entered into force on 01/01/2020
Model - Withdrawal form
Please complete and return this form only if you wish to withdraw
In the good care of:
Address: BSA - 77 Avenue de la République, 93170 Bagnolet, France Email: firstname.lastname@example.org
Postal address: [to be completed]
Email address: [to be completed]
I hereby notify you of my withdrawal from the contract relating to the following Product (s): Type of product: ..................... .......................................
Ordered on: ............................................... ..............
Order number : ............................................. ............
I have noted that the Product (s) must be returned intact, (that is to say in perfect condition for resale, not modified or assembled in contradiction with the manufacturer's recommendations and not disassembled, in its / their original, clean and complete packaging), accompanied by any instructions and accessories (batteries, chargers, cords, etc.), within 14 days from the communication of my decision to withdraw.
Date: ................................................ ...................
Signature of the User:
(only if this form is notified on paper.onditions of Use and Sale