1 - Preamble
These general conditions of sale apply to the sales of all products presented on the website www.crealign.com concluded between the company CREA LIGN '- operating the said site - SARL with a capital of 30,000 € registered with the RCS of Paris under number 398726471, whose registered office is located at Rue de la Noyeree 38200 Luzinay, France (hereinafter referred to as "CREA LIGN '") and any natural or legal person (hereinafter referred to as "THE PURCHASER")
These conditions apply to the exclusion of all other conditions. These conditions will therefore prevail over all other conditions appearing in any other document, except prior, express and written exemption from CREA LIGN ’. These general conditions of sale are subject to change at any time without notice, with the exception of current contracts.
The products offered for sale by CREA LIGN ’come mainly from carefully selected suppliers. In the event of a faulty product, CREA LIGN 'undertakes to do everything in its power to resolve the problem with THE BUYER.
2 - Acceptance
The buyer's acceptance of these conditions is materialized by his electronic signature, embodied by the "validation click", as well as by the communication of his bank details for payment and by entering his personal information . This electronic signature has the value of a handwritten signature between the parties. This is equivalent to the purchaser acknowledging that he has taken full cognizance of and unreservedly approves all of these conditions.
3 - Availability
CREA LIGN 'undertakes to respond to the BUYER's order within the limits of available stocks.
CREA LIGN ’reserves the right to refuse to deliver the products ordered whose number of products clearly does not correspond to the normal needs of a household.
If at the end of the order, one or more products prove to be temporarily unavailable (out of stock, reissue, etc.) CREA LIGN 'will then immediately inform THE BUYER to invite them to cancel or modify his order. If at the end of the order, one or more products prove to be unavailable definitively (exhaustion of stock, unreedited works, etc.), CREA LIGN "will automatically cancel the order and inform THE BUYER.
4 - Order
The BUYER who wishes to buy a product must: Complete the identification form on which he will indicate all the requested contact details or give his customer number if he has one; complete the online order form giving all the references of the chosen products; validate their order after checking it; make the payment under the conditions provided; confirm their order and payment.
It is recalled that the confirmation of the order implies acceptance of these conditions of sale, the recognition of having full knowledge of them and the waiver of other conditions. All the data provided and the recorded confirmation will constitute proof of the nature, content and date of the order. Confirmation will be worth signing and acceptance of transactions. The seller will communicate by email confirmation of the recorded order.
CREA LIGN ’reserves the right to cancel any order from a BUYER who does not offer significant creditworthiness. The PURCHASER with whom there is a dispute relating to the payment of a previous order will be deemed to be such.
The information given by THE BUYER when ordering is binding. As a result, if the buyer makes an error in the wording of his contact details, CREA LIGN ’cannot be held responsible in this regard and for all the consequences that this error could produce.
The photographs in the catalog of products presented by CREA LIGN ’are as accurate as possible but cannot ensure a perfect similarity with the product offered, particularly with regard to colors.
CREA LIGN "will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
CREA LIGN's computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
5 - Price
The price is expressed in € euros.
The price indicated for each product does not include transport and delivery.
The price invoiced to THE BUYER is the price indicated on the order confirmation sent by CREA LIGN ’. This price is expressed inclusive of all taxes and including VAT for France and the countries of the European Union (EU). For countries outside the EU, additional costs related to the importation of movable goods into the country of destination (customs duties, etc.) are the responsibility of the BUYER.
CREA LIGN ’reserves the right to modify the prices at any time. However, for any order accepted, CREA LIGN "guarantees the prices charged on the date of confirmation of the order.
6 - Payment
The price of the product (s) ordered is payable in cash on the day of the order.
Payment is made by two types of means: By credit card ; By cheque.
In any event, the order will only be processed after the actual receipt of payment of the price by CREA LIGN '.
7 - Retention of title
CREA LIGN ’reserves ownership of products sold until full payment of the price. In this regard, the delivery of drafts or any instrument creating an obligation to pay will not constitute a payment within the meaning of this provision. Despite the intervention of this retention of title clause, the buyer will bear the cost of the risks from the date on which the products ordered have left the premises of CREA LIGN ’.
8 - Delivery
Delivery is free from an amount of € 50 including VAT.
Deliveries are made to the address indicated in the order form, which can only be in the following geographical area: Metropolitan France. The risks are the responsibility of the purchaser from the moment the products have left the premises of CREA LIGN ’. In the event of damage during transport, the reasoned complaint must be made to the carrier within three days of delivery.
Delivery times are given only as an indication and any delays do not authorize THE BUYER to refuse the goods or to claim damages. Delivery is considered to have been made from the date of the first presentation of the goods to THE BUYER.
The BUYER is advised to check, in the presence of the carrier, that the products delivered correspond to the order placed or do not present an anomaly and, if applicable, to indicate this on the delivery slip followed of the BUYER's signature. Then, it will be up to the BUYER to take back from the carrier the damaged or non-compliant merchandise. At the same time, the BUYER will confirm this anomaly by sending the carrier within 24 hours of receipt a registered letter with acknowledgment of receipt setting out the said complaints. Failing to comply with these requirements and if CREA LIGN ’therefore lose its possibilities of recourse against the carrier, the PURCHASER alone bears the consequences of the transport damage. The customer must send a copy of this letter by fax or by simple letter to CREA LIGN ’. The carrier's contact details will appear on the delivery slip. Any defect resulting from an awkwardness or a false maneuver on the part of the BUYER cannot be attributed to us.
9 - Withdrawal
In accordance with article L.121-20 of the Consumer Code, the BUYER has a period of fourteen clear days from receipt to return to CREA LIGN 'the product ordered that does not suit him , for exchange or refund, without penalty except for return costs. The BUYER can exercise this right of withdrawal only if the seller is a professional within the meaning of Article L. 121-16 of the same Code. The product must be returned to the address that CREA LIGN "will have communicated to THE BUYER. In the event of an abnormal or abusive return, CREA LIGN ’reserves the right to refuse a subsequent order.
10 - Intellectual property
The site is the exclusive property of the company CREA LIGN ’in its entirety, as well as all the rights relating thereto.
All texts, works, illustrations, images, sounds and videos reproduced on the CREA LIGN ’website are reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different, or even more restrictive, provisions of the Intellectual Property Code.
Any reproduction, in whole or in part, of the site, as well as any use whatsoever, is systematically subject to the authorization of CREA LIGN ’. However, hypertext type links to the site are authorized without specific request.
11 - Responsibility
CREA LIGN 'declines all responsibility for technical difficulties that BUYERS may encounter on the site and all stages of access to the site, whatever the cause or origin, in particular in the event of the occurrence of "bugs », Non-respect of the integrity of information through communication networks, lack of capacity of the terminal to restore information or transmission and routing within the normal deadlines of their orders. In the event of hypertext links pointing to other sites from CREA LIGN ’, the latter will not be responsible for the content of the information provided on these sites after activation of these links.
In the event of force majeure, CREA LIGN ’cannot be responsible for any damage that may be suffered by the BUYER. The following events in particular constitute cases of force majeure: war, riot, strike, fire, explosion, flood, cyclone, earthquake, sabotage, computer virus, failure of a computer system or any other event beyond the control of CREA LIGN 'and likely to compromise the performance of its services.
In any event, THE BUYER benefits from the legal guarantee of eviction and hidden defects (article 1625 and following of the Civil Code); provided that the BUYER proves the hidden defect. The seller must legally repair all the consequences (article 1641 and following of the civil code). If the BUYER applies to the courts, he must do so within a "short time" from the discovery of the hidden defect (article 1648 of the civil code). CREA LIGN ’cannot be held liable in this regard.
In addition, CREA LIGN ’cannot be held liable in the event of a delay due to a shortage of stock, nor in the event of an error in the presentation of the products on the website.
12 - Personal data
13 - Applicable law and litigation
These general conditions of sale are subject to French law. Only the French text of these general conditions of sale is authentic. Any translations into other languages are for information only.
In the event of difficulties in the formation, interpretation or application of this contract, the BUYER has the possibility, before any legal action, to seek an amicable solution, in particular with the help of a professional association from the branch, a consumer association or any other council of its choice. It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the BUYER honors its financial commitments to the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to expose these situations. Failing to obtain an amicable solution, the parties attribute jurisdiction to the competent courts of Paris. But in the event of a dispute, the consumer has the choice between the court of his domicile or the head office of the company.
CREA LIGN ’, Rue de la Noyeree 38200 Luzinay France