These general conditions of sale (hereinafter, the “General Conditions of Sale”) are intended to govern the contractual relationships that may arise during the use of the services offered on the Friends and Family Society website. This website allows in particular the purchase of products offered for sale by Friends and Family Society on its website www.cop-room.com.
Article 1 – Purpose of the General Conditions of Sale
The General Conditions of Sale are exclusively applicable to all products (hereinafter, the “Products”) as detailed in article 5 and posted online on www.cop-room.com (hereinafter, the “Website”), as well as the Contracts (hereinafter, the “Contracts) concerning the sale of Friends and Family Society Products to buyers established in France and/or in a member country of the European Union and having the quality of consumer and non-professional within the meaning of the Consumer Code (hereinafter, the “Buyer(s)”).
These General Conditions of Sale constitute, with the online order and the General Conditions of Use available on the Website, the contractual documents enforceable against Friends and Family Society and the Buyers, i.e., the parties, to the exclusion of any other document, prospectus, catalog or photograph, having only informative and indicative value.
The General Conditions of Sale are drawn up, as well as all contractual or informative information mentioned on the Website, in French.
Access to the Website is open and free for any person with legal access to the Internet network.
Article 2 – Availability and enforceability of the General Conditions of Sale
The General Conditions of Sale are available and directly accessible on the Website. They can be communicated by email to any professional, consumer or non-professional Buyer who requests them. This request must be made in the form of an email to email@example.com.
The General Conditions of Sale are enforceable against Buyers who, before placing an order and by checking a box provided for this purpose, acknowledge having read these General Conditions of Sale.
Validation of the order upon receipt, by the Buyer, of confirmation of their order constitutes acceptance by the Buyer of the General Conditions of Sale in force on the day of the order.
In accordance with article 1127-2 of the civil code, Friends and Family Society keeps the General Conditions of Sale and ensures their reproduction.
Article 3 – Modification of the General Conditions of Sale
Friends and Family Society reserves the right to modify these General Conditions of Sale at any time and only for the purposes of ensuring compliance with current legislation.
In the event of modification, the General Conditions of Sale applicable to the order or sale of products are those which were accepted by the Buyer on the date on which they checked the box attesting to their knowledge of the General Conditions of Sale. sale. At the Buyer's request, a copy of the version in force on that date may be communicated to him.
Article 4 – Clauses of the General Conditions of Sale
All clauses of these General Conditions of Sale are enforceable against the Buyer.
The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale, unless this clause was decisive for the consent of one of the parties to conclude the Contract.
The spontaneous, temporary or permanent non-application, by Friends and Family Society, of one or more clauses of the General Conditions of Sale does not constitute a waiver on its part of the other clauses of the General Conditions of Sale, which continue to have their effects.
Article 5 – Products
5.1 – Product Characteristics
Products are understood, within the meaning of these General Conditions of Sale, to be any goods that may be the subject of a Contract and presented for sale on the Website.
The Products are presented in the catalog available on the Website. Each of these Products is described individually and this description (hereinafter, the “Description) is available on the right of the product image. The Description of each product mentions its essential characteristics within the meaning of Article L111-1 of the Consumer Code, namely: Size, color, condition.
Friends and Family Society undertakes to ensure that the photographs illustrating the Products reproduce these Products as accurately as possible. However, these photographs cannot constitute a contractual document.
5.2 – Precautions for use of Products
Precautions for using the Products are detailed in the Description. Friends and Family Society undertakes to provide the buyer with any information useful for the proper use of the Product.
5.3 – Product conformity
The Products comply with the requirements of current French law. Thus, they comply with requirements relating to personal safety and health, fair commercial transactions and consumer protection from the moment they are first placed on the market.
5.4 – Stocks
The Products are offered for presentation on the Website catalog and sold while stocks last.
In the event of unavailability of the Product due to insufficient stock, Friends and Family Society will immediately inform the Buyer in the Website catalog.
After an order placed by the Buyer, in the event of unavailability of the Product due to a stock error, Friends and Family Society informs the Buyer directly and offers them a Product of equivalent quality and price. In the absence of acceptance by the Buyer, Friends and Family Society provides them with a voucher for the amount of the order that can be used for any future order. In the event of disagreement by the buyer, Friends and Family Society will reimburse the buyer for the sums paid within three (3) months.
Apart from reimbursement of the price of the unavailable Product, Friends and Family Society is not liable for any compensation for cancellation of the order, unless this cancellation results from non-performance of its contractual obligations.
Article 6 – Price
6.1 – General provisions on price
The sales prices of the Products presented in the catalog of the Website are indicated, for each of them, in euros, all taxes included, excluding delivery and transport costs. The selling price of the Product is that in effect on the day of the order, as presented in the Website catalog.
Delivery and transport costs will be displayed visibly on the Website and will be reminded to the Buyer during the order process and before validation. They will be invoiced to the Buyer in addition to the price of the Product.
The total amount owed by the Buyer is indicated on the order confirmation page, before validation.
In the event of a price promotion, Friends and Family Society displays the promotional price in the catalog of the Website, leaving the original sale price visible. The promotional price is applied to all orders placed during the promotional period.
The period during which the promotion period is maintained is visibly visible on the Website.
6.2 – Modification of the price
Friends and Family Society reserves the right to change its prices at any time. However, it guarantees to the Buyer the application of the price in force on the day of validation of his order.
Article 7 – Offers
7.1 – Geographical extent of the offers
The Online Sales Contracts for Products presented on the Website are reserved for Buyers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
7.2 – Description of the offers
7.2.1 – Presentation of the offer
Friends and Family Society presents, on the catalog of its Website, sales offers for Products intended for any Buyer.
7.2.2 – Acceptance of the offer
The Buyer accepts the offer after implementing the double click process. By this process, the Buyer validates his order for the first time, then subsequently confirms his order.
7.2.3 – Duration of the offer
The offer is valid, in the absence of specific indication, as long as the Products appear in the catalog and while stocks last.
Article 8 – Buyer’s order
8.1 – Order steps
The Buyer, to place an order, proceeds:
- (i) filling his virtual basket with the quantity of products he has selected in the Website catalog;
- (ii) to check the details of his order and the total price in his virtual basket and can, if he changes his mind or wishes to correct possible errors, proceed to modify his order by using the possibility offered to him to return to previous pages;
- (iii) when launching your order by pressing the “order” button; And
- (iv) the provision of personal information allowing delivery of the Product and payment thereof; Then
- (v) confirms his order after having read the General Conditions of Sale; And
(vi) receives, as soon as possible and by email, an acknowledgment of receipt of his order thus forming the contract and confirming payment.
8.2 – Modification of the order
Any order modification by the Buyer after confirmation using the double click process is subject to acceptance by Friends and Family Society. This acceptance must be requested by the Buyer by email to the following address: firstname.lastname@example.org.
The response from Friends and Family Society is communicated to the Buyer within 72 hours.
In the absence of agreement, the order will be canceled and the sums paid by the Buyer will be refunded.
8.3 – Validation of the order
Friends and Family Society reserves the right to refuse any order for legitimate reasons such as the abnormality of the quantity of products ordered, particularly a very high quantity.
Article 9 – Contract
9.1 – Conclusion of the contract
The sales contract is formed when the Buyer sends the confirmation of his order.
9.2 – Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium. A reliable copy of these documents reproducing them identically is also kept on this medium.
These documents can be produced as proof of the contract.
9.3 Termination of the contract
The order can be resolved by the Buyer by registered letter with acknowledgment of receipt or in writing on a durable medium in the event of:
- delivery of a product that does not conform to the characteristics of the Product declared by Friends and Family Society in the Website catalog; Or
- delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty days following the conclusion of the Contract, after Friends and Family Society has been requested, according to the same terms and without result , to make delivery within a reasonable additional time.
In all cases, the Buyer who terminates the contract may demand reimbursement of the price paid plus interest calculated at the legal rate from the date of collection of the price.
The order can be resolved by Friends and Family Society in the event:
- Refusal of the Buyer to take delivery; and or
Non-payment of the price (or balance of the price) at the time of delivery;
Article 10 – Payment
10.1 – Payability
The price is due in full after confirmation of the order. No amount will be paid before order confirmation.
10.2 – Additional payment
No additional payment can be made after payment of the price.
10.3 – Payment security
The Website is equipped with an online payment security system allowing the transmission of the Buyer's banking data to be encrypted.
10.4 – Late payment
Any amount not paid by the due date produces, without formal notice, interest set at the legal rate in force on the day the order is placed.
10.5 – Failure to pay
Friends and Family Society reserves the right, when the agreed price is not paid when due, either to request execution of the sale or to terminate the contract by registered letter with acknowledgment of receipt.
10.6 – Reservation of title clause
Friends and Family Society remains the owner of the Product sold until payment of the price by the Buyer and undertakes, as long as ownership is not transferred to the Buyer, to take all necessary precautions for the proper conservation of the Product .
Article 11 – Delivery
11.1 – Definition
Delivery means, in accordance with the provisions of the Consumer Code, the transfer to the Buyer of physical possession or control of the good.
11.2 – Delivery time
Friends and Family Society undertakes, in accordance with the delivery deadline indicated on the Website, to deliver the Product ordered within 15 days after confirmation of the order.
In the case of very rare pairs on the market or in certain exceptional cases, deadlines may be extended. In which case the customer is automatically notified.
11.3 – Late delivery
When the ordered Product is not delivered on the date or at the end of the period mentioned on the order form, the Buyer may, in accordance with article 9.3 of the General Conditions of Sale and after unsuccessfully requesting Friends and Family Society to fulfill its delivery obligation within a reasonable additional period, resolve the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.
11.4 – Place of delivery
The Product(s) is/are delivered to the address indicated by the Buyer when creating their account on the Website.
11.5 – Delivery terms
Delivery is made by direct delivery of the product to the Buyer or, failing that, by sending by Friends and Family Society a notice of availability to the Buyer.
The Buyer must collect the Product ordered within fifteen (15) days from the notice of availability.
In the absence of withdrawal within the indicated period, Friends and Family Society may, after formal notice from the Buyer which remains in vain, proceed with the withdrawal and automatically cancel the order.
When the Product is delivered to the address indicated on the order form by a carrier, it is up to the Buyer to check, in the presence of the delivery person, the condition of the Product delivered and, in the event of damage or missing parts, to express reservations on the delivery note or on the transport receipt, and possibly to refuse the product and to notify Friends and Family Society within a reasonable time.
11.6 – Product Conformity
Under the conditions of article 9.3 of the General Conditions of Sale, if the Product does not conform to the order, the Buyer sends, within a reasonable time, a complaint to Friends and Family Society with a view to obtaining replacement of the product or possibly, the resolution of the sale.
11.7 – Unavailability of Products
In the event of unavailability of the Products upon delivery, Friends and Family Society may offer the Buyer, under the conditions of article 5.4 of the General Conditions of Sale, a Product equivalent, in terms of quality and price, to that ordered. . The Buyer reserves the right to accept this proposal.
In the event of refusal by the Buyer, the contract may be terminated, under the conditions of article 9.3 of the General Conditions of Sale.
11.8 – Failure to deliver
Total failure to deliver automatically results in the termination of the sales contract.
11.9 – Delivery and transfer of risks
The risks of loss or damage to the Product are transferred to the Buyer when he or a third party designated by him takes physical possession of it.
When the Product is delivered to the Buyer via a carrier chosen by Friends and Family Society, the latter remains responsible for the risks of loss or damage to the Product.
11.10 – Transfer of ownership
Ownership of the Product is transferred to the Buyer from the actual delivery of the Product to the Buyer, except in the case where full payment of the price has not been made by the Buyer. In this case, Friends and Family Society remains the owner of the Product.
Article 12 – Legal guarantee of conformity and guarantee of hidden defects
12.1 – Information relating to the legal guarantee of conformity and the guarantee of hidden defects
In accordance with article L211-2 of the Consumer Code, the General Conditions of Sale determine the terms of implementation of the legal guarantee of conformity and the guarantee relating to defects in the item sold as well as its content.
All Products are covered by the legal guarantee of conformity and the legal guarantee against hidden defects.
12.2 – Application of the legal guarantee of conformity
In application of article L217-4 of the Consumer Code, Friends and Family Society undertakes to deliver a Product in conformity with the contract and is liable for any defects in conformity existing at the time of delivery as well as those resulting from the packaging.
It is understood that under article L217-5 of the same code, the Product complies with the contract (i) if it corresponds to the description given on the Website in the Product catalog and that it presents the qualities that the buyer can legitimately expect following the public declarations of Friends and Family Society, as well as the producers and representatives of the Product, except when Friends and Family Society is not in a legitimate position to know said declarations and ( ii) if it is suitable for the use sought by the Buyer.
If, under the conditions provided for in articles 11.5 and 11.6 of the General Conditions of Sale, the Product does not comply with the contract, the Buyer is entitled to take compliance action for two years from delivery of the Product, unless :
- if he was aware of the defect at the time of contracting;
- if he could not have been unaware of the defect at the time of contracting;
- when the defect results from materials that he himself supplied.
12.3 – Application of the legal guarantee against hidden defects
In application of the legislation on the guarantee of hidden defects, Friends and Family Society undertakes to guarantee the Buyer against hidden defects in the Product making it unfit for the use for which it is intended or which reduce this use to such an extent that the Buyer would not have acquired it or would have given only a lower price if he had known them.
It is agreed that the legal guarantee to which Friends and Family Society is obliged covers all costs incurred by hidden defects.
Please note that Friends and Family Society is under no obligation to guarantee the buyer against apparent defects of which the latter has been able to convince himself and that the defect must predate the sale.
In application of the legal guarantee against hidden defects, the Buyer may, within two years from the discovery of the defect:
- return the Product and have the price refunded; Or
- keep the Product and request reimbursement of part of the price from Friends and Family Society.
12.4 – Complaints
Complaints made under legal guarantees must be sent by email to the following address: email@example.com
Products subject to the implementation of this guarantee must be returned new, complete and in their original condition and packaging after receipt and confirmation of the complaint by the after-sales service.
If applicable, the Buyer will be reimbursed for return postage costs no later than thirty days following receipt of the Product by Friends and Family Society.
12.5 – Law applicable to legal guarantees
Article 12 of the General Conditions of Sale applies to buyers residing in a member state of the European Union other than France without prejudice to more favorable legislative provisions in this state.
Article 13 – Liability
13.1 – Exemption from liability
Friends and Family Society cannot be held liable in the event of non-performance or poor performance of the contract due to (i) the act of the Buyer or (ii) the insurmountable and unforeseeable act of a third party to the contract or (iii ) to force majeure, it being understood that force majeure is an unforeseeable, irresistible event external to Friends and Family Society and that the temporary impediment only entails suspension of the execution of its obligation, unless the delay which The result does not justify the termination of the contract, when the definitive impediment entails termination of the contract by operation of law.
Friends and Family Society cannot be held liable for non-compliance of the Product with the legislation of the country of the Buyer who is responsible for verifying whether the product is not prohibited for sale in his country.
13.2 – Product security defect
Friends and Family Society is not responsible for any damage caused by the Product due to a safety defect. It is appropriate, where applicable, for the Buyer to research the liability of the manufacturer identifiable through the information mentioned on the product packaging.
Article 14 – Termination clause
In the cases provided for by the General Conditions of Sale, the sale will be resolved by simple registered letter with acknowledgment of receipt. The resolution will be acquired automatically without the need to resort to legal formalities.
Article 15 – Right of withdrawal
15.1 – Conditions for exercising the Buyer’s right of withdrawal
In application of the provisions of the Consumer Code, the Buyer has a period of fourteen (14) days from delivery of the Product to exercise his right of withdrawal, without having to provide reasons or pay a penalty.
The Buyer communicates his decision to exercise his right of withdrawal by completing the form found in Appendix 1 (hereinafter, the Withdrawal Form) to the following address: firstname.lastname@example.org.
After sending the Withdrawal Form, the Buyer has another period of fourteen (14) days to return the Product concerned by the withdrawal. The Product is returned under the conditions of article 12.4 of the General Conditions of Sale.
The costs of returning the Product concerned by the exercise of the Buyer's right of withdrawal are the responsibility of the latter.
The exercise, by the Buyer, of his right of withdrawal within the aforementioned deadlines results in reimbursement of the price of the Product concerned by the exercise of the right of withdrawal. Friends and Family Society will reimburse the Product no later than fourteen (14) days from the date of receipt of the Withdrawal Form by bank transfer to the account used to purchase the Product upon confirmation of the order.
The refund does not incur any costs for the Buyer.
15.2 – Commitment of liability of the buyer in the event of use of the Product before implementation of the right of withdrawal
The use of the Product by the Buyer before exercising his right of withdrawal exceeding the manipulations necessary to establish the nature, characteristics and proper functioning of the Product that the buyer could normally carry out in a store engages the responsibility of the 'Buyer to the extent of the depreciation of the Product.
Article 16 – Intellectual property
All elements reproduced on the Website and in the General Conditions of Sale are the exclusive property of Friends and Family Society, the publisher of the Website and are protected by copyright, trademark law and the law patents. The protection applies for the legal duration of protection and for the entire world.
Any reproduction and distribution of these elements, without prior written authorization from Friends and Family Society, the publisher, exposes offenders to legal proceedings.
Article 18 – Processing of personal data
The purpose of processing the personal data collected is to manage orders and use them for commercial purposes.
In accordance with the Data Protection Act, the Buyer has a right of access, rectification, a right to portability of his personal data, and a right to be forgotten. The data controller is Dan Savdié.
The Buyer may, by giving prior consent via a box checked when validating their order, receive marketing emails or SMS messages from Friends and Family Society. The Buyer can reconsider their choice and unsubscribe by clicking on the unsubscribe button at the bottom of each email received from the Website for emails and send an SMS indicating “STOP” for SMS received from of the Website.
It is understood that the Buyer who does not wish to be subject to any form of commercial prospecting by telephone can register free of charge on the Bloctel opposition list on the bloctel.gouv.fr website.
The Buyer who does not wish his contact details to be reused for commercial purposes informs Dan Savdié.
Article 18 – Right to mediation
The Buyer may freely use his right to resort to mediation to settle amicably a dispute between him and Friends and Family Society.
In the event of a dispute, he must contact Friends and Family Society, 5 t avenue Foch, Saint-Mandé 94160/ email@example.com. Contact can only be made from Monday to Friday, with the exception of public or non-working holidays, and from nine (9) a.m. to 5 (5) p.m. by telephone, or at any time by by electronic mail.
In the event of failure of the complaint request to the aforementioned service, or lack of response from this service within two (2) months, the buyer may submit the dispute relating to the order or the General Conditions of sale and the opponent to Friends and Family Society to the mediator as identified as follows:
The mediator, as identified above, will attempt, with complete independence and impartiality, to bring the buyer and Friends and Family Society together with a view to reaching an amicable solution.
The buyer and seller are free to accept or refuse (i) mediation and (ii) the solution proposed by the mediator.
Article 19 – Competent jurisdiction
In the absence of an amicable agreement, the buyer may refer any dispute to the court relating to the existence, interpretation, conclusion, execution or termination of the Contract as well as all documents related to this Contract.
The competent court will be that of the place of domicile of the defendant or that of the place of actual delivery of the Product.
Article 20 – Applicable law
The General Conditions of Sale and the Contract formed after order confirmation are subject to French law.