GENERAL TERMS AND CONDITIONS OF SALE
DESTINED TO CONSUMERS
- DEFINITIONS
In our general terms of sale, the following terms used with a capital letter and indifferently in the singular or plural, shall have the following meanings:
Company: refers to BACK2SLEEP, a simplified joint stock company with headquarters at 188 rue de RIVOLI 75001 PARIS, with a capital of 150,000 Euros, registered with the RCS of PARIS under number 914 906 268;
Customer or Client : a natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity on French territory and placing an order for Products;
Product(s): refers to any item(s) offered by the Company as a principal or accessory and which may be ordered by the Client;
Catalogue(s): shall mean all paper and/or electronic media presenting the Products offered for sale by the Company;
Order: shall mean the order of Product(s) placed by the Client with the Company;
Order Confirmation: shall mean the formal acceptance of the Order by the Company;
Contract: shall mean the contractual documents, as defined in ARTICLE 2 hereof, governing the relationship between the Parties;
Tariff: shall mean the current price of the Products;
Party(ies): shall mean individually the Client or the Company or collectively the Client and the Company;
GTC.: refers to the Company's present general terms and conditions of sale governing the relationship between the Parties as well as the general terms and conditions of access and use of the accessible Site;
Special Conditions: refers to the contractual document mentioning the specificities of the Contract signed by all the Parties;
Distance Selling: means any contract concluded between a professional and a consumer, within the framework of an organised system of distance selling or provision of services, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more distance communication techniques until the conclusion of the contract
Site: refers to the Company's site accessible at the address: http://www.back2sleep.eu.)
- SUBJECT MATTER - CONTRACTUAL DOCUMENTS - ACCEPTANCE OF TERMS
These GTC apply to all sales made by the Company.
The relationship between the Parties is governed by the Contract to the exclusion of any other.
The Contract is made up of the following documents, which form an indissociable contractual whole in decreasing order of priority:
- where applicable, the Special Conditions, including their annexes,
- the latest version of the GTC,
- where applicable, the Client's order forms.
In the event of a contradiction between the above-mentioned documents, the document of higher rank shall prevail for the obligation in question.
The Client declares that he has read and accepted these GTC without reservation other than the specificities mentioned, where applicable, in the Special Conditions. The new GTC shall be binding on the Client as from the date of their acceptance and shall apply to Orders placed after that date, which is expressly accepted by the Client.
- ORDERS
- Orders placed by mail or fax
Orders are placed online, by mail or fax to the Company by the Client, indicating the Client's name, delivery address, billing address, quantity and reference numbers, and, if applicable, the Client's customer number.
An Order template is provided for this purpose.
- Orders on the Site
Orders are placed by the Client by selecting the available Product offers - Starter-Kit or Back2sleep products - on the Site according to the following process
- identification of the Client by means of his/her login and password to access his/her Personal Account or in free mode
-
the selection of :
- the Product(s) (Starter-Kit or Back2sleep Products),
- the size of the Product,
- single purchase or "subscription" option (for BACK2sleep products),
- Before the final validation, the Client views the details of his/her order, and can make any desired changes to the contents of his/her basket (only the quantities need to be filled in by the Client );
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acceptance by the Client of :
- the GTUs of the ordering interface,
- the privacy policy,
- the GTCs
By ticking the aforementioned boxes, the Client declares that he/she has read and accepted the GTC without reservation before validating his/her Order.
- Validation of the Order implies the Client's full and unreserved acceptance of the quantities, products and services as well as the obligation to pay for them.
- « Option subscritption »
On the site, the Client can select the "subscription option".
The Client also chooses the number of boxes ordered and the desired recurrence within the limits of the proposals offered by the Site.
When the Client has subscribed to this option, the Company undertakes to deliver the Product at each deadline (2 Products every two months, 4 Products every four months or 6 Products every six months).
The Client may at any time terminate his subscription directly in his client account and at the latest the day before the due date for collection. They may also do so by sending an e-mail to the following address info@back2sleep.eu.
If the subscription is not terminated before the aforementioned due date, the Products corresponding to the current period will be delivered and invoiced. However, the subscription option will be terminated for the next deadline.
- Conditions common to all Orders
The Company will only accept an Order if the Client has clearly identified him/herself by providing the information required in the order form (name, address, telephone number, email address, correct delivery and billing address, etc.).
Product offers are valid as long as they are valid on the Site, within the limits of available stocks.
The information provided by the Client when placing an Order is binding, particularly in the event of an error.
The Products sold are intended for strictly domestic and private use. By placing an order, the Client agrees not to use the Products for commercial purposes. The Company reserves the unilateral right, for good cause, to reduce, split or not fulfil any Order that is abnormally high in terms of quantity, i.e. in relation to the normal volume of orders regularly observed, or the quantities usually ordered by consumers.
The Company reserves the right to cancel or refuse any order from a Client with whom there is a dispute over payment of a previous order.
- Order Confirmation - Order Follow up
In the case of Orders placed via the Internet, the Contract shall only become definitive after the Company has confirmed the Order by e-mail.
A legally binding contract is only concluded if the Company sends an Order Confirmation or if the goods are received by the Client within weeks of the order being placed. The acceptance of the offer is at the discretion of the Company. The Order Confirmation is always subject to a subsequent check of available stocks but within a reasonable time.
The confirmation email sent to the Client summarises all the elements relating to the Order (products, services, price, costs, quantity, etc.). It is the Client's responsibility to check the accuracy of the Sales Order and to immediately notify the Company of any errors.
Internet Orders require that the Client has a valid e-mail address and mailbox. If the Client does not have a functioning e-mail address and mailbox, he/she will not be able to receive written confirmation of his/her Order. The Client is advised to keep this confirmation or to print it.
In certain cases, in particular if the address is incorrect or if there is any other problem with the Personal Account, the Company reserves the right to block the Order until the problem is resolved.
A contract formed via the website constitutes a distance sale as such subject to Article L.221-1 of the French Consumer Code and its legal derogations.
The Company reserves the right to cancel or refuse an Order from a Client with whom there is a dispute over payment of a previous Order.
- CATALOGUE(S) - AVAILABILITY OF PRODUCTS AND SERVICES
The Company makes its best efforts to provide Clients with the most complete information concerning the Productsoffered in its Catalogues.
The photographs of the Products offered by the Company are provided for illustrative purposes; they have no contractual value.
The information and/or documents available in the Catalogues may be modified at any time and may have been updated without prior notice.
The Client is invited to pay particular attention to ARTICLE 12 of the GTC: CONFORMITY OF PRODUCTS – LIABILITY.
- PRICES OF PRODUCTS, SERVICES AND TRANSPORT COSTS
The Products are supplied at the prices indicated on the Site at the time the Order is registered by the Company. The prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts that may be granted by the Company, in particular on the Site.
These prices are firm and non-revisable during their period of validity, i.e. until the Client's Order; the Companyreserves the right, outside this period of validity, to modify the prices at any time. These prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated in the price list or the catalogue and calculated prior to the immediate purchase or the placing of the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Company and given to the Client upon delivery of the Products.
Any announcement of a price reduction must indicate the price charged by the Company prior to the application of the price reduction, this previous price being defined as the lowest price charged by the Company to all Clientsduring the last thirty days prior to the application of the price reduction.
- PAYEMENT
Payments are made through the service providers STRIPE or SHOPIFY PAYMENT. The use of a trust service / payment service provider enables the Company and the Client to make the payment between them. In doing so, the trust service/payment service provider transfers the payment from the Client to the Company. The website of the trust / payment service provider contains further information on this subject.
- Payment
The price is payable in full on the day the Order is placed by the Client, by secure payment, in accordance with the following methods
- By credit card: Visa, MasterCard, American Express,
- By bank transfer,
- By telephone
- By PayPal,
Bank checks are not accepted.
- Payments for "subscriptions"
The price of the "subscription" is payable monthly in advance:
- By credit cards: Visa, MasterCard, American Express,
The Company's subscription offers and prices may change from time to time due to increased costs to cover the Company's ongoing expenses. The necessity of price changes, e.g. in connection with an increase in purchase prices, is possible. Both the increase and the decrease in costs are taken into account in the price determination by means of internal compensation in advance. However, any such change with respect to the Client shall only come into effect as of the next billing period after the Client has been notified of the change(s) and shall be announced in writing in good time prior to this date. The same shall apply in the event of a price reduction that is advantageous to the Client .
- Warning: consequences in case of non-payment
In the event of late payment and payment of sums due by the Client beyond the deadlines set out above, and after the payment date indicated on the invoice sent to the Client, late payment penalties calculated at a monthly rate of three times the legal interest rate in force at the time, calculated on the basis of the amount inclusive of tax of the price indicated on the said invoice, will be automatically and automatically acquired by the Company, without any formality or prior formal notice.
Late payment will result in the immediate payment of all sums due by the Client, without prejudice to any other action that the Company may be entitled to take against the Client in this respect.
Payments made by the Client will only be considered final once the Company has actually received the amounts due.
In addition, the Company reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Client.
The Client may not be charged any additional costs in excess of those incurred by the Company for the use of a payment method.
- RIGHT OF WITHDRAWAL IN CASE OF DISTANCE SELLING
In accordance with the legal provisions in force, in the case of distance selling, the Client has a period of fourteen (14) days from receipt of the Products to exercise his/her right of withdrawal from the Company, without having to justify his/her reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within (14) days at the latest following the notification to the Company of the Client's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, unsealed, opened, soiled or incomplete Products are not accepted.
The right of withdrawal can be exercised by the Client using the withdrawal form available in the appendix or by email to info@back2sleep.eu specifying your name, address, telephone number, email, order number, date of order and date of receipt. You will receive in response by email, within 3 working days, the number and instructions for return as well as an unambiguous acknowledgement of receipt, expressing the will to retract and the status of the return will be updated and archived within the Client account by the Company.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Client.
The reimbursement will be made within fourteen (14) days of the notification to the Company of the decision to withdraw.
- LIABILITY OF THE COMPANY - WARRANTY
- Guarantee of the Products
The Products offered for sale comply with the regulations in force in France.
The Client benefits by right and without additional payment, from the legal guarantee of conformity and the legal guarantee of the hidden defects.
- Legal guarantee of conformity
The Company commits itself to deliver a product in conformity with the contractual description as well as with the criteria set out in article L217-5 of the French Consumer Code.
The Company is responsible for defects in conformity existing at the time of delivery of the Products and which appear within a period of two (2) years from the date of delivery.
However, we remind you of the limits specific to the Products sold by the Company and their necessary adaptation to the Client's morphology or even sensitivity. In this respect, it is recommended to start using the Products by purchasing a starter kit. This starter kit will help determine the appropriate size of the Product.
This warranty period applies without prejudice to Articles 2224 et seq. of the french Civil Code, with the limitation period starting to run on the day the Client becomes aware of the defect in conformity.
It is the Client 's responsibility to request the Company to bring the Products into conformity, by choosing between repair or replacement. The product shall be brought into conformity within a period not exceeding thirty (30) days following the Client 's request.
Repair or replacement of the non-conforming Product shall include, if applicable, removal and return of the Product. Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six (6) months.
In the event of replacement of the non-conforming Product when, despite the Client's choice, the Company has not brought the Product into conformity, the replacement shall give rise to a new period of legal guarantee of conformity for the benefit of the Client, starting from the delivery of the replaced Product. If the requested compliance is impossible or involves disproportionate costs under the conditions provided for in Article L 217-12 of the French Consumer Code, the Company may refuse to comply. If the conditions provided for in Article L 217-12 of the French Consumer Code are not met, the Client may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the French Civil Code
Finally, the Client may demand a price reduction or the cancellation of the sale (except if the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.
When the lack of conformity is so serious that it justifies the reduction of the price or the immediate cancellation of the sale, the Client is then not obliged to ask first for the repair or the replacement of the non-conforming Product.
The reduction of the price is proportional to the difference between the value of the delivered Product and the value of this good in the absence of the lack of conformity.
In case of cancellation of the sale, the Client shall be refunded the price paid against return of the non-conforming Products to the Company, at the expense of the latter.
The refund is made upon receipt of the non-conforming Product or proof of its return by the Client and at the latest within fourteen (14) days thereafter, with the same means of payment as the one used by the Client at the time of the payment, unless the latter expressly agrees and in any case without any additional cost.
The foregoing provisions are without prejudice to the possible allocation of damages to the Client, due to the prejudice suffered by the latter because of the lack of conformity.
- Legal warranty against hidden defects
The Company is liable for hidden defects within the framework of the french legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and making them unfit for use.
The Client may decide to implement the warranty against hidden defects of the Products in accordance with Article 1641 of the french Civil Code; in this case, the Client may choose either the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the french Civil Code.
- Exclusion of Guarantees
The Company shall not be held liable in the following cases
- non-compliance with the legislation of the country in which the Products are delivered, which it is the Client's responsibility to check before placing the order
- in case of misuse, conservation, use for professional purposes, negligence or lack of maintenance or conservation on the part of the Client, as well as in case of normal wear and tear of the Product, accident or force majeure.
The consumer has, but taking into account the end of the minimum durability date of the Product, a period of two (2) years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in case of appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two (2) years, the legal warranty shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity entails the obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the product.
The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, without charge and without major inconvenience to him.
If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the product, but the Company imposes a replacement, the legal warranty of conformity is renewed for a period of two years from the date of the replacement of the product.
The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by obtaining a full refund against return of the good, if: 1° The trader refuses to repair or replace the product;2° The repair or replacement of the product occurs after a period of thirty (30) days;3° The repair or replacement of the product causes a major inconvenience to the consumer, particularly when the consumer definitively bears the cost of taking back or removing the non-conforming product, or if the consumer bears the cost of installing the repaired or replacement product;4° The non-conformity of the product persists despite the Company's attempt to bring it into conformity, which has remained fruitless.
The consumer is also entitled to a reduction in the price of the product or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the product beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the good for repair or replacement suspends the warranty that was still running until the delivery of the good in its original condition.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
The company that obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to three hundred thousand euros (€300,000), which may be increased to ten percent (10%) of the average annual turnover (Article L. 241-5 of the French Consumer Code).
The client also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the french Civil Code, for a period of two (2) years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
- DELIVERY TIMES AND TRANSPORT
The Products will be delivered within 2 to 8 working days for shipments in France and 4 to 30 working days for shipments to other countries of the European Union, starting from the shipment of the order to the address indicated by the Client at the time of his order, notably on the Site. The indications on the site are indicative and constitute the averages noted.
In accordance with the provisions of the article L 216-4 of the french Consumer Code, the delivery of Products is accompanied by the required Annex required by this article and of a writing mentioning the possibility of formulating reserves.
In case of pre-sale, the delays indicated before will not apply. A period of 6 months will be substituted.
The deadlines indicated in the Order confirmation received under these pre-sales shall not apply and are generated automatically by the BACK2SLEEP interface for ordinary orders.
The Client acknowledges that he/she has been informed of the costs of delivery and commissioning of the Productsand of the possibility of expressing reservations.
Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered in a single shipment.
The Company undertakes to make its best efforts to deliver the Products ordered by the Client within the time limits specified above.
If the ordered Products were not delivered within one (1) month after the indicative date of delivery, for any other cause than the force majeure, the Client will be able to notify to the Company, under the conditions envisaged in the article L. 216-6 of the French Consumer Code
- either the suspension of the payment of all or part of the price until the Company executes, under the conditions of the articles 1219 and 1220 of the french Civil code (exception of non-execution),
- or the cancellation of the sale, after having put the Company on notice to perform within a reasonable additional period of time not respected by the Company
Termination may be immediate if the Company refuses to perform or if it is clear that it will not be able to deliver the Products or if the delivery time not respected was, for the Client, an essential condition of the sale.
In case of cancellation of the sale, the sums paid by the Client will be returned to him at the latest within fourteen (14) days following the date of cancellation of the contract, without prejudice to the possible allocation of damages to the Client .
The Client is required to check the condition of the Products delivered. The Client has a period of forty-eight (48) hours from the date of delivery to formulate any reservations or claims in the event of a defect or apparent defect in the delivered Products (for example: damaged package, already opened, etc.) by registered letter with return receipt.
After this period and in the absence of having respected these formalities, the Products will be considered free of any apparent defect.
It is reminded that the absence of reservations formulated by the Client upon delivery of the Products does not exempt the Company from the guarantee of conformity, as described below
- TRANSFER OF RISKS
The transfer of ownership of the Company's Products to the Client will only take place once the price has been paid in full by the Client, regardless of the delivery date of said Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time the Client takes physical possession of the Products. The Products travel at the Company's risk.
- EXCHANGE - REFUND
Except for the right of withdrawal, any request for the return or exchange of Products, requested by the Client, will require the formal agreement of the Company.
Only Products returned intact, in their original packaging and unopened can be exchanged or refunded.
Similarly, Products such as medical devices cannot be exchanged or refunded if their original packaging has been unsealed, opened or damaged by the Client .
The cost of returning the Products is the responsibility of the Client.
The exchange or refund will intervene only after reception of the Products concerned by the Company at the following address APAJH " Ateliers Georges Lapierre " - Service retour BACK2SLEEP - 31- 33 avenue des Châtaigniers 95150 TAVERNY (France).
- PRODUCT CONFORMITY – LIABILITY
The Products offered in the Catalogues comply with current French legislation.
The Client has to comply with the laws, regulations and prescriptions in force.
Any medical devices sold by the Company are regulated medical devices that carry the CE mark.
Unless otherwise expressly stipulated, the Company guarantees the suitability of the Product only for the use for which it was designed and not for the use for which it may be intended by the Client.
The Client has to strictly comply with the indications relating to each Product, it being specified that the information provided can in no way substitute for medical advice.
The Client undertakes to take note of the possible undesirable effects, contraindications and strict conditions of use (preliminary test to determine the size, duration of use) and if necessary to seek the advice of a health professional. He/she also undertakes to comply strictly with the conditions of use mentioned in the instructions for use attached to the Products.
The Company does not intend to provide, in any way whatsoever, health or pharmacy advice or consultations. Any information in this regard should be solicited from a physician, pharmacist, or healthcare professional.
Consequently, the Client acknowledges that it is fully aware that the information provided by the Company is not intended, in any way whatsoever, to :
- give medical advice
- provide a diagnosis;
- replace the consultation, advice or recommendations of a health professional;
The Client undertakes to inform the Company without delay in the event of an incident or of material vigilance, indicating the references and numbers of the incriminated batches.
The Client may send to the French National Agency for the Safety of Medicines and Health Products any report or alert concerning a medical device Product that may present an undesirable effect via the following link: https://ansm.sante.fr/documents/reference/declarer-un-effet-indesirable.
- INTELLECTUAL PROPERTY
All signs, logos and other distinctive marks on the Products are the exclusive property of the Company. The corporate names, trade names, trademarks, logos and distinctive signs reproduced on the Catalogues and the Siteare protected under trademark law and intellectual property rights. The reproduction or representation of all or part of one of the above-mentioned signs is strictly prohibited and must be subject to the prior written authorization of the Company.
The medical device type Products are also protected by patents.
All texts, comments, works, illustrations and images reproduced or represented in the Catalogues are strictly reserved under copyright law and intellectual property law for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different and even more restrictive provisions of the French Intellectual Property Code. Any reproduction or representation, in whole or in part, of the Catalogues or of all or part of the elements found on the Site is strictly prohibited and is likely to constitute an infringement of copyright.
The Company only grants the Client the right to view and print the content of the Site exclusively for private and non-commercial use. These GTC do not imply any transfer of license or right to use patents or any other intellectual property rights from the Company to the Client on the Products, the Catalogues and the Site as well as their content.
In the event that the Client wishes to use all or part of the Company's intellectual property rights to promote the Products, it will have to obtain the Company's prior written authorization and provide a complete file on the planned operation.
- RESOLUTORY CLAUSE
- Resolution for unforeseen circumstances
Notwithstanding the clause "Termination for failure of a party to fulfil its obligations" set out below, termination for the impossibility of performing an obligation that has become excessively onerous may only occur fourteen (14) days after a formal notice has been sent by registered letter with acknowledgement of receipt or by any extrajudicial act.
- Termination for non-performance of a sufficiently serious obligation
The defaulting Party may, notwithstanding the clause "Termination for failure of a Party to fulfil its obligations" set forth below, in the event of sufficiently serious non-performance of any of the obligations incumbent upon the other Party, notify the defaulting Party by registered letter with acknowledgement of receipt, of the wrongful termination of the present contract fourteen (14) days after the sending of a formal notice to perform which has remained unsuccessful, in application of the provisions of Article 1224 of the French Civil Code.
- Termination for force majeure
Termination by operation of law due to force majeure may only take place, notwithstanding the clause "Termination due to failure of a party to perform its obligations" set out below, two (2) months after a formal notice has been sent by registered letter with acknowledgement of receipt or by any extrajudicial act.
- Termination for failure of a party to fulfill its obligations
In case of non-compliance by either party with the following obligations:
- The supply of the ordered product(s) (ARTICLE 9),
- The payment within the deadlines (ARTICLE 6),
- The respect of the registered trademarks and patents and of the intellectual property (ARTICLE 13),
- The respect of the intended use (ARTICLE 12),
- Prohibition of sale outside the EU or resale outside the EU - professional use (prohibition of resale in particular on platforms or marketplaces).
...
Referred to the articles of the present contract, this one can be terminate at the discretion of the injured party.
It is expressly understood that the resolution for failure of a party to its obligations will take place by right, the formal notice resulting from the sole fact of the non-performance of the obligation, without summons, or execution of formalities..
- PROVISIONS COMMON TO THE CASES OF RESOLUTION
It is expressly agreed between the parties that the debtor of an obligation to pay under the terms of these GTCs will be validly put in default by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the French Civil Code.
In any event, the injured party may seek damages in court.
- IMPREVISION
In the event of a change in circumstances that could not be foreseen on the date of conclusion of this Contract, in accordance with the provisions of Article 1195 of the French Civil Code, the Party that has not agreed to assume an excessively onerous performance risk may request a renegotiation of the Contract from its co-contractor.
- SPECIFIC ENFORCEMENT OF THE CONTRACT
In the event of a failure by either Party to fulfill its obligations, the Party suffering the failure shall have the right to request the specific enforcement of the obligations arising from the present contract. In accordance with the provisions of Article 1221 of the French Civil Code, the creditor of the obligation may pursue such compulsory execution after a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgement of receipt, which has remained unsuccessful after a period of thirty (30) days following receipt of such letter, unless such execution proves impossible or if there is a clear disproportion between its cost for the debtor and its interest for the creditor.
It is reminded that in the event of failure by either Party to perform its obligations, the Party suffering the default may, in accordance with the provisions of Article 1222 of the French Civil Code, thirty (30) days after receipt of a formal notice to perform which has remained unfruitful, have the obligation performed by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and in accordance with market practices, without judicial authorization being required for this purpose, it being understood that the Party may also, at its option, request in court that the defaulting Party advance the sums necessary for such performance. In the event of non-performance of any of the obligations incumbent upon the other Party, the Party that has suffered a default may request the termination of the Contract in accordance with the terms and conditions set out in the article "Termination of the Contract".
- FORCE MAJEURE
Neither of the Parties hereto may be held liable by the other Party in the event of non-performance of any of its obligations due to force majeure as defined in Article 1218 of the French Civil Code.
The Party noting the event shall immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
The performance of the obligation shall be suspended for the duration of the force majeure if it is temporary and does not exceed two (2) months. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party shall notify the other of the resume of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impossibility is definitive or exceeds a duration of three (3) months, the present contract will be purely and simply terminated in accordance with the terms and conditions defined in the article "Termination for force majeure".
- PERSONAL DATA
The Company takes the utmost care in handling the personal data of its Client s.
Its privacy policy is available via this link:
https://back2sleep.eu/fr/pages/privacy-policy
- PARTIAL INVALIDITY OF THE CONTRACT
The invalidity or inapplicability of any of the stipulations of the Contract does not invalidate the other stipulations, which remain in full force and scope.
However, the Parties may by mutual agreement agree to replace the invalidated provision(s).
- TOLERANCE
Any waiver, regardless of its duration, of the existence or total or partial violation of any of the clauses of the Contract shall not constitute a modification or deletion of the said clause or a waiver of the benefit of or previous concomitant or subsequent violations of the same or other clauses.
Such waiver shall be effective only if expressed in writing by the person duly authorized to do so.
- APPLICABLE LAW - LANGUAGE OF THE CONTRACT
By express agreement between the Parties, this Contract is subject to French law, to the exclusion of any other legislation.
It is written in French. In the event that it is translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
- DISPUTES
ALL THE DISPUTES TO WHICH THE OPERATIONS OF PURCHASE AND SALE CONCLUDED IN APPLICATION OF THE PRESENT GENERAL CONDITIONS OF SALE COULD GIVE PLACE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR CANCELLATION, THEIR CONSEQUENCES AND THEIR CONSEQUENCES AND WHICH COULD NOT BE SOLVED WITH THE FRIENDLY ONE BETWEEN THE COMPANY AND THE CLIENT , WILL BE SUBJECTED TO THE QUALIFIED COURTS UNDER THE CONDITIONS OF COMMON LAW.
The Client is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (article L 612-1 of the French consumer code) or with the existing sectorial mediation authorities, or to any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
The coordinates and the methods of seizing the mediator are the following ones: Center de la Médiation de la Consommation de Conciliateurs de Justice, located at 14 rue saint Jean Paris (75017) and the link to declare a dispute is the following: https://www.cm2c.net/declarer-un-litige.php
If the dispute must be brought before the courts, it is recalled that pursuant to Article L 141-5 of the French Consumer Code: the consumer may choose, in addition to one of the courts territorially competent under the French Code of Civil Procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union.
- PRE-CONTRACTUAL INFORMATION - CLIENT ACCEPTANCE
The Client acknowledges having been informed by the Company in a legible and comprehensible manner, by means of the present GTC, prior to his/her immediate purchase or the placing of the Order and in accordance with the provisions of article L111-1 of the French Consumer Code
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity enabling him/her to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and shall not engage the responsibility of the Company. The Client must refer to the description of each Product in order to know its properties and essential characteristics
- on the price of the Products and related expenses or, in the absence of payment of a price, on any advantage provided instead of or in addition to the latter and on the nature of this advantage;
- on the terms of payment, delivery and performance of the sales contract;
- in the absence of immediate execution of the sale, on the delivery time of the Products ordered;
- the identity of the Company and all its contact details;
- on the existence and the modalities of implementation of the guarantees (the legal guarantee of conformity, guarantee of the hidden defects, possible commercial guarantees) and if necessary, on the after-sales service;
- on the possibility of having recourse to a consumer mediator, whose contact details are given in these GTC, under the conditions provided for in the Consumer Code
- on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the methods of termination, the handling of complaints and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and financial deposits and guarantees,
- on the accepted means of payment.
The fact that the Client makes an immediate purchase or orders a Product implies full and complete acceptance of these GTCs and the obligation to pay for the Products ordered, which is expressly recognized by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Company.
ANNEXE 1 WITHDRAWAL FORM
This document has to be completed and returned only if the Client wishes to withdraw from the order placed with BACK2SLEEP SAS, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Sales Conditions.
To the attention of :
BACK2SLEEP - Service returns APAJH
31-33 avenue des Châtaigniers
95150 TAVERNY
info@back2sleep.eu
I hereby notify the withdrawal from the contract concerning the order of the products below:
- Ordered on ............................... / Received on ......................................
- Order number : ...........................................................
- Client's name : ...........................................................................
- Client's address : .......................................................................
- Reason for return ( recommended ) : .......................................................................
Client 's signature (only if this form is notified on paper):
Date: .................................
Please note that for medical devices, only undamaged and unsealed packaging can be returned and refunded.