Conditions d'utilisation

General conditions of sale

(applicable to 01.01.2021 for individuals)

 

We invite you to carefully read these Terms and Conditions of Sale (hereinafter "the Terms and Conditions") as well as our privacy policy on the protection of personal data (hereinafter "Privacy Policy") Who govern our relations if you order our products (hereinafter "the Products") for sale on the website www.pages.fr (hereinafter "the Site").

It is also recommended that you save and/or print them.

Within the framework of these Terms and Conditions, it is agreed that "the Customer" means the person browsing the Site and/or ordering the Products on the Site and PAGÈS means the company whose identification is given in Article I below.

1.     Vendor Identification

PAGÈS is a simplified joint-stock company with capital of 1,830,000 euros, registered in the Trade and Companies Register of Puy en Velay under number 341,594,034, with its registered office in Route des Estreys, Espaly-Saint-Marcel (43000) and whose intra-Community VAT number is FR 06 341 594 034.

2.     Scope of the GTC

Any order of a Product offered on the Site presupposes the consultation and express acceptance of the current terms and conditions which prevail over all previous versions as well as any specifications emanating from the Customer.

Prior to any transaction carried out on the Site, the Customer acknowledges having read the Terms and Conditions and accepts them without reservation as soon as he checks the box "I have read and accept the general conditions of sale" and clicks on the button "Access to payment" to proceed to Payment

In accordance with the applicable laws and regulations relating to electronic signature, it is recalled that the validation of the purchase order in accordance with these terms and conditions, constitutes an electronic signature that has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the 12-year validity of the sums due in execution of the said order.

It is specified that the ordering of Products on the Site is exclusively reserved for consumers, that is to say individuals who act for purposes not related to their commercial activity, Entrepreneurial, craft or professional, if any, over the age of 18 (or, if minor, authorized by their legal representative).

General Sales Conditions for Professional Customers are available on request: commercial@pages.fr

The T&Cs express the full obligations and rights of the Parties. The fact that PAGÈS does not avail itself at any time of any clause of the GTC cannot be interpreted as a waiver to avail itself of it later.

PAGÈS reserves the right to modify the GTC at any time, the applicable ones being those in force at the time of placing the order. The Customer is therefore invited to consult carefully the terms and conditions appearing on the Site on the day of his order, prior to its validation.

3.     Statements

By creating an account and/or placing an order on the Site, the Customer acknowledges having the full legal capacity to commit to the terms and conditions.

It also declares that it is informed that it can only order the Products in quantities corresponding to its needs and that their resale or transfer to a third party, for commercial or professional purposes, free of charge or for a fee, is expressly prohibited.

Finally, the Customer declares that, at the time of placing his order, he has taken note of the characteristics of the Products and has received all the necessary information.

4.     Products and Availability

The Products offered for sale are those presented on the Site.

PAGÈS reserves the right to modify the Products at any time without any obligation to modify the Products previously delivered or in the process of being ordered.

In excess of a certain amount, the Customer may choose, depending on the amount of his order, one or more items among those offered and available on the Site. Donated items will be added to his order. Donated items are not exchangeable or refundable. PAGÈS may at any time substitute an object offered by another and/or delete a bearing giving access to a gift.

5.     Price

The applicable rates are those presented on the Site at the time of placing the order.

They are indicated in euros all taxes included (including taxes), the VAT rate being that applicable in France, on the day of placing the order. A change in the rate will be reflected in the price of the Products upon the entry into force of a new rate.

The rates do not include the costs associated with the shipping and delivery costs, invoiced in addition, the amount of which is indicated in the "Delivery" section (Article VIII below) and recalled before the final validation of the order. The prices of the Products also do not include the communication costs related to the use of the Site.

PAGÈS reserves the right to change its rates at any time, the rates applicable being those in force at the time of the validation of the order and not at the day of delivery of the Products, in the event of upward or downward changes. In the event of an error in data entry, printing or calculation that shows a price significantly lower than the price normally charged, the Customer shall be charged the lowest price unless that price is clearly insignificant, i.e.In other words, not related to the actual value of the Product ordered. In this case, the order, even if it has been automatically confirmed by PAGÈS, will be cancelled. The Customer will be informed as soon as possible so that he can, if he wishes to renew an order at the right price.

6.     Ordering

The Customer must go through the following steps before proceeding with the validation of his order and payment.

Account identification or creation

Before any order, the Customer must register on the Site, or identify himself if the registration has already been made.

In order to create an account, the Customer must enter his last name, first name, email address and password. These elements are confidential. The Customer shall be solely responsible for the consequences of using his account until it is deactivated. In case of loss of the password, the Customer can click on the section «forgot password» and enter his e-mail address. The Customer will receive a new password at their email address. The Customer’s password is not used to make any payment. Then, information concerning his address is requested from the Customer to continue his registration (telephone number, exact delivery address, floor, postal code).

The Customer also has the possibility to create an account via «Facebook connect» by entering his Facebook identifiers and clicking on «Facebook conne12on» or via Google by clicking on «Google conne12on».

The Customer undertakes to provide true and sincere information and to inform PAGÈS of any changes concerning them. This information is necessary for order management and the commercial relationship between PAGÈS and the Customer. Consequently, failure to provide the requested information is tantamount to renouncing the creation of an account. In addition, PAGÈS cannot be held responsible for any errors of entry and the consequences that would result from them, such as a delay and/or delivery error. In this context, all costs incurred for the redirection of the order will be entirely borne by the Customer.

By creating an account, the Customer acknowledges having read and accept without reservation the terms and conditions and the Privacy Policy.

Use of the account

The Customer has the possibility to consult the details of his current order by clicking on «My Cart». The history of orders and invoices can also be consulted at any time in the sub-section "My orders" of the section "My account". The history is kept on the Site for 3 years.

In the event of non-compliance with the Terms and Conditions by the Client, PAGÈS reserves the right to deactivate, as of right and without compensation, the Client’s account without having to respect notice, after sending an e-mail or registered letter with notice of receipt of formal notice, which has been without effect for more than 30 days. In the event of a proven breach or serious fraud on the part of the Customer, the deactivation of his account will be done automatically, without notice, without formality and without compensation.

The Customer who wishes to deactivate his account will inform PAGÈS by email or registered letter with acknowledgement of receipt addressed to the Customer Service whose contact details are indicated in the "Customer Service Information" section (Article 12 below). PAGÈS undertakes to deactivate the account within a maximum period of 15 days from receipt of this letter.

Validation of the order

After selecting the desired Product(s), the Customer places its order in accordance with the instructions on the Site. Its command is then the subject of a summary that includes all the elements. The Customer then validates it by clicking on the "Order" button. The Customer then chooses its delivery address if different and then its delivery method. Finally, the Customer settles the order under the conditions indicated in the "payment" section (Article VII below).

PAGÈS confirms the Customer’s order by sending an email including:

• the characteristics of the Product(s) ordered;

• indication of the price including taxes;

PAGÈS reserves the right not to confirm the order, in particular in case of refusal of payment authorization by officially accredited bodies, non-payment of a previous order or a dispute with the Customer during the course of administration, or in the event of a problem concerning the order received, an incomplete order, a foreseeable problem concerning the supply of the Product, as well as in the presence of a withdrawal or recall procedure initiated concerning one or more of the Products ordered. PAGÈS will inform the Customer by e-mail as soon as possible.

PAGÈS recommends that the Customer keep a record of the data relating to his order on paper or on a reliable computer medium.

Withdrawal – Cancellation

Pursuant to Article L221-18 of the French Consumer Code, the Customer has a withdrawal period of 14 days from the date of the order, without having to give reasons or pay penalties.

To exercise its right of withdrawal, the Customer must send to PAGÈS, before the expiry of the withdrawal period:

• Name and geographic address and, where available, telephone number and email address;

• Its withdrawal decision by means of the withdrawal form template sent with these terms and conditions or by any unambiguous declaration addressed to the Customer Service, by mail, email or telephone.

The returned product(s) must be in perfect condition for resale. This means that any Product incomplete or damaged by the Customer as a result of manipulations other than those necessary to establish the nature and characteristics of the Product concerned will not be refunded. In particular, any Product must be returned in its original packaging and condition, with a copy of the invoice. Otherwise, PAGÈS will be entitled to refuse to refund it.

In case of a promotional offer consisting in the free discount of one or more products offered for an order made on the Site, the right of withdrawal on all or part of the order can be validly admitted only if the Customer also returns the product or products offered. Only products offered returned in perfect condition, properly protected and in their original intact packaging will be accepted. 

PAGÈS undertakes to reimburse the Customer for all sums paid according to the method of payment used by the Customer, without undue delay and, in any event, no later than 14 days from the day on which PAGÈS is informed of the Customer’s withdrawal decision.

For any further information on the scope, content and instructions regarding the exercise of the Customer’s right of withdrawal, the latter may contact the Customer Service whose contact details are indicated in the "Customer Service Information" section (Article 12 below).

Except in the event of withdrawal under the conditions indicated above or contrary provisions agreed between the Parties, the Products may not be refunded or exchanged once ordered.

7.     Payment

The Customer will settle his order at one time, orders being taken into account only after validation of their payment.

Payment must be made by credit card only.

The Customer guarantees to PAGÈS that the bank card used is valid and is not the result of a fraudulent transaction. In the case of an order that has not been completely or partially settled by the Customer, PAGÈS undertakes to inform the Customer by e-mail and to ask him to remedy it. In the absence of a response or solution from the Customer within 8 days, PAGÈS reserves the right, in particular, to refuse the order, cancel the orders in progress and suspend the Customer’s account.

Payments are secured by the PayPlug solution, in accordance with French and international interbank regulations. This solution allows the Customer to make purchases safely. When paying online for their order, the Client is automatically transferred to the bank’s server through a transaction secured by SSL encryption (Security Socket Layer, 128-bit key session, in accordance with the French Government’s authorisations). The card number is encrypted between the browser and the bank’s server. In no way does PAGÈS receive, record or retain any information concerning the Customer’s banking information. The payment is 100% secure.

The credit cards accepted on the Site are:

• All national bank cards (Blue Card, Visa, Mastercard)

• All international bank cards

• American Express cards

The invoice sent to the Customer contains the information entered by the latter in his Customer account. The Customer has the possibility to freely modify this data at any time. The invoice can be downloaded directly into the Customer account.

8.  Delivery

PAGÈS uses the services of La Post, Archer or DPD e for all its shipments. Deliveries are made in mainland France within 6 working days of receipt of the order. It is generally noted that an order placed before noon is delivered in 3 working days (excluding Saturday, Sunday and public holidays).

The Customer will be able to follow the progress of his parcel from the moment he receives the shipping notice.

8.1 Cost of delivery

1.  For France (excluding DOM TOM)

. Minimum order 15 euros

. from 15 to 30 euros: package Shipping costs determined according to the command

. Above 30 euros: Free of charge

2.  Europe Delivery: Colissimo Home rate with signature or Pick-up Point

·       Zone 1 Germany, Belgium, Netherlands, Luxembourg

·       Zone 2 Austria, United Kingdom, Spain (excluding specific territories), Portugal (excluding specific territories), Ireland, Italy

  

Weight up to

AREA 1

AREA 2

AREA 1

point withdrawal

 

ZONE 2

Point Retrait

0,50 kg

8,97 €

10,30 €

7,85 €

9,09 €

9,09 €

1 kg

10,94 €

13,10 €

9,68 €

11,70 €

11,70 €

2 kg

11,71 €

14,65 €

10,41 €

13,16 €

13,16 €

3 kg

12,57 €

15,60 €

11,21 €

14,04 €

14,04 €

4 kg

13,42 €

16,46 €

11,99 €

14,83 €

14,83 €

5 kg

14,20 €

17,35 €

12,73 €

15,67 €

15,67 €

6 kg

14,99 €

18,19 €

13,46 €

16,47 €

16,47 €

7 kg

15,77 €

19,16 €

14,20 €

17,35 €

17,35 €

8 kg

16,56 €

19,99 €

14,93 €

18,14 €

18,14 €

9 kg

17,35 €

20,84 €

15,67 €

18,92 €

18,92 €

10 kg

18,14 €

21,69 €

16,41 €

19,72 €

19,72 €

15 kg

22,64 €

26,37 €

20,61 €

24,08 €

24,08 €

20 kg

27,14 €

30,93 €

24,81 €

28,34 €

28,34 €

25 kg

31,66 €

35,47 €

 

 

 

30 kg

36,16 €

40,05 €

 

 

 

 

The shipping costs will be specified to the Customer during the final validation of his order.

8.2 Delivery Conditions

The order will reach the Customer at his home or at the address of his choice within the time specified at the time of placing the order. Delivery is understood to be at the door of the address indicated by the Customer and in the presence of the Customer or any person authorised to receive the package. Carriers are not required to enter the Customer’s home. PAGÈS reserves the right not to proceed with an order from a Customer who could not justify its delivery address on request of the Customer Service or the carrier.

The Customer agrees to prove his identity, in case of a request from the carrier, by an official document in force and by communicating if necessary, the order number communicated to him in the email confirmation of his order. If the Customer is unable to receive the order himself, he must mandate, to represent him, a third party with power and a photocopy of the identity card of said Customer.

No request for delivery of the parcel may be honoured if the conditions indicated above are not met by the Customer.

If the Customer (or an authorised third party) is not present during the presentation of the package at the delivery address, a notice of passage will be deposited by the carrier in the Customer’s mailbox to inform him of this. The Customer, provided with a piece of identification, must then claim his parcel at the post office indicated on the notice of passage at the latest within two weeks. Otherwise, the order will be returned to PAGÈS. PAGÈS will then propose to the Customer to redirect its order a second time at the rate of a new shipment. If the Customer does not want a new delivery, he will be refunded the value of the relevant order less the shipping costs as well as the return costs incurred.

In the absence of delivery on the date or within the time provided in the order, the Customer may cancel his order, by registered letter with request for acknowledgement of receipt or any equivalent means, if, after having ordered, in the same manner, However, the Commission has not been able to accept the Commission’s proposal. If necessary, PAGÈS will refund the Customer no later than 14 days following the cancellation of the order.

Guarantees

Upon delivery of the order to the Customer at the address indicated and after the signature of the delivery note by the Customer, PAGÈS will have fulfilled its delivery obligation. PAGÈS thus declines all responsibility in the event of loss or subsequent theft.

The proposed Products comply with the regulations in force. They benefit from the know-how and quality of the PAGÈS brand, as well as legal guarantees (legal guarantee of conformity and guarantee against hidden defects).

The following provisions of French law are recalled:

Art. L217-4 of the French Consumer Code: The seller delivers a good in accordance with the contract and is liable for the e12conformity defects at the time of delivery. He shall also be liable for any defects in conformity resulting from the packaging, installation instructions or installation where the latter has been charged by the contract or has been carried out under his responsibility."

Art. L217-5 of the French Consumer Code: "The good is in accordance with the contract: 1. If it is suitable for the usual intended use of a similar good and, if applicable, - if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; - it has the qualities which a purchaser may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 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."

Art. L217-12 of the Consumer Code: "The action resulting from the failure to comply is prescribed by two years from the issue of the property."

Art. L217-13 of the French Consumer Code: 'The provisions of this Section shall not deprive the purchaser of the right to exercise the action resulting from excessive defects as resulting from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by him by the law.”

Art. 1641 of the Civil Code: “The seller is bound by the warranty by reason of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish that use so much that the buyer would not have acquired it, or would have given it only a lesser price, had he known it.”

Art. 1648 of the Civil Code, first paragraph: «The action resulting from the redehibitory defects must be brought by the buyer within two years from the discovery of the vice.»

The Customer is asked to check, in the presence of the carrier, the number of packages and their condition and, as far as possible, their contents.

If the Customer finds that one or more products are missing or that one or more Products have been damaged, it is up to the Customer to make the usual reservations with the carrier in writing on the delivery slip and to refuse delivery, then immediately inform the Customer Service whose contact details are indicated in the "Customer Service Information" section (Article 12 below). If necessary, PAGÈS will refund or credit note the missing or damaged product at the customer’s choice.

11.  Liability

 

PAGÈS shall be liable under the conditions of ordinary law for all damages, losses and damages, direct, material and foreseeable, resulting from the poor performance or a lack of partial or proven total performance of its obligations under these CCL.

In no case will PAGÈS be obliged to repair indirect, intangible, special, punitive or unforeseeable damages.

In addition, PAGÈS shall not be liable for any damages (i) arising from the use of the Internet, in particular a breach of service, an external intrusion or the presence of computer viruses or (ii) resulting from a fact attributable to the Customer, In the case of a third party or any event described as force majeure.

Expressly, are considered as cases of force majeure within the meaning of these CGV, in addition to those referred to in article 1218 of the Civil Code and those usually retained by the jurisprudence of the Court of Cassation, the following events: war, attack, embargo, equipment failure resulting from a serial disaster, exceptional weather, natural disasters, fires, floods or any other event involving insured damage, interruption of communications networks, strike and lockout (including subcontractors), mechanical breakdowns, missing motor power, epidemic (coronavirus or other), made by the prince such as, but not only, any negative evolution of the applicable regulations or any measures of restrictions decided by the government and imposed by decree to face an epidemic (coronavirus or other).

Any complaint must be addressed to the Customer Service whose contact details are indicated in the "Customer Service Information" section (Article 1212 below) within 15 days of the occurrence of the event giving rise to the complaint.

In any event, with the exception of bodily or intentional injury, and subject to the applicable public policy provisions, PAGÈS' liability is limited to an amount corresponding to three (3) the price of the Products ordered and the use of which gave rise to the compensable damage.

12.  Customer Service Information

For any question, information or complaint, the PAGÈS Customer Service is available to the Customer:

By phone: 04 71 09 93 40

By email: sav@pages.fr

By post addressed to PAGÈS: Route des Estreys, Espaly-Saint-Marcel (43000).

13.  Intellectual Property

Logos, photos, images, illustrations, articles, comments and all that is presented on the Site or in documents communicated or delivered by PAGÈS are protected in accordance with the Intellectual Property Code. Any partial or total reproduction is strictly prohibited.

14.  Protection of personal data

PAGÈS, acting as controller, implements personal data processing in the context of the sale of the Products

In accordance with legal obligations, PAGÈS collects from Customers only the data essential for the proper execution of the order and delivery of the Products, as well as for the establishment of invoices and the improvement of its offers. The Customer may receive information e-mails from PAGÈS, if the Customer has previously consented. The Customer retains the right to refuse such communication either a priori by not giving his consent at the time of the validation of the order, or a posteriori by manifesting his refusal by e-mail to the address indicated in the section “Customer Service Information” (Article 12 above).

PAGÈS keeps this information under enhanced security conditions. This data is protected by secure access. This information is also used only by PAGÈS or its subcontractors, subject to the same obligations, only in the context of the purposes for which the Customer communicated them to PAGÈS. PAGÈS undertakes not to transmit them to any other third parties without the Customer’s prior authorisation.

The personal data collected will be kept for the period indicated in our Privacy Policy. Payment data will be retained for fifteen (15) months after the transaction for evidence in the event of a dispute of the transaction. The cryptogram is not retained beyond the transaction.

At the end of these periods, the data will be deleted. By exception, data collected for commercial prospecting purposes may be kept for a new period if the Customer agrees to continue to receive commercial offers from PAGÈS.

In accordance with the law «Informatique et Liberté» of 6 January 1978 modified, the Client may at any time exercise its right of access, rectification, deletion, opposition, limitation, portability or withdrawal of this data by contacting PAGÈS via the contact form or by mail to the address indicated in the "Customer Service Information" section (Article 12 above).

15.  Miscellaneous

15.1 Archiving, Evidence

The computerized records maintained by PAGÈS will be considered by the parties as evidence of the communications, orders, payments and transactions between the parties, as well as their content and date.

15.2 Severability of Clauses

The non-validity derived from the nullity, lapse, absence of binding force, unenforceability of any of the stipulations of the GTC pronounced in application of a law, a regulation or a final decision issued by a competent court, does not imply in any way nullity, lapse, absence of binding force or unenforceability of the other stipulations of the GTC and has no effect in respect of the other contractual stipulations, which shall retain all their effects, their strength and impact on all parties.

15.3 Applicable Law - Dispute Resolution

These Terms and Conditions are subject to French law subject to any other mandatory rules more favourable to the Customer applicable in his country of habitual residence.

In case of dispute, the parties will try to reach an amicable solution within 30 days of its occurrence. In the absence of an amicable solution within this period, the Client may resort to a conventional mediation procedure or to any other alternative dispute resolution method or to the competent court.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, PAGÈS is in the process of joining the Service du Médiateur du e-commerce de la FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After a written request has been received from the consumers in respect of PAGÈS, the Ombudsman’s Service may be consulted in any consumer dispute which has not been settled.  To find out how to refer the Ombudsman, click here https://ec.europa.eu/consumers/odr

In addition, in accordance with article L.616-2 of the French Consumer Code, PAGÈS informs the Customer of the e12stence of the platform put on line by the European Commission which aims to collect any complaints resulting from an online purchase of European consumers and then to transmit the received cases to the national ombudsmen competent. This link is available at: https://webgate.ec.europa.eu/odr/

All disputes that could not have been settled amicably between PAGÈS and the Client or through an alternative method of settlement will be submitted to the competent courts, under the conditions of ordinary law.

Last updated: January 1, 2021

 

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