Terms Of Purchase
TERMS OF PURCHASE
These general terms and conditions of purchase (hereinafter, the "General Terms and Conditions of Purchase") are intended to govern the contractual relations that may arise during the use of the services offered on the ROOM GROUP website.This website is designed to, in particular, allow sellers (hereinafter, the "Seller (s)") to sell their products through ROOM GROUP according to the sales deposit model, in order to provide some security in this transaction.
Article 1 - Purpose of the General Terms of SaleThe General Conditions of Purchase are exclusively applicable to all products (hereinafter the "Products") as detailed in Article 5 and posted online at www.cop-room.com (hereinafter the "Website"), as well as the Contracts (hereinafter the "Contracts") relating exclusively to the purchase of Products by ROOM GROUP to any professional, non-professional and consumer within the meaning of the Consumer Code and established in France or in a member country of the European Union (hereinafter, the "Seller (s)") according to the processes (hereinafter, the "Processes") defined in Article 7.2 and through the Site Internet.These General Conditions of Purchase constitute with the General Conditions of Use available on the Website, the contractual documents opposable to ROOM GROUP and the Sellers, ie, to the parties, and this to the exclusion of any other document, prospectus, catalog or photograph, having only informative and indicative value.The General Conditions of Purchase are written, as well as all contractual or informative information mentioned on the Website, in French.Access to the Website is free and free for anyone with lawful access to the Internet.
Article 2 - Availability and opposability of the General Conditions of PurchaseThe General Conditions of Purchase are available and directly accessible on the Website. They can be communicated by firstname.lastname@example.org to any professional, consumer or non-professional seller who requests it. This request must be in the form of an email to email@example.com.The General Conditions of Purchase are binding on Sellers who, before selling their products, check a box provided for this purpose and acknowledge having read these Terms and Conditions of Purchase.The validation of the sale of its products by the Seller is Seller's acceptance of the General Terms and Conditions in force on the day of the formation of the sales contract.In accordance with Article 1127-2 of the Civil Code, ROOM GROUP keeps the General Conditions of Purchase and ensures their reproduction.
Article 3 - Modification of the General Conditions of PurchaseROOM GROUP reserves the right to modify the present General Conditions of Purchase at any time and only for the purpose of ensuring compliance with the legislation in force.In the event of a change, the General Terms and Conditions of Sale applicable to the sale of Products are those accepted by the Seller on the date on which they ticked the box indicating that they have become aware of the General Conditions of Purchase. At the request of the Seller, a copy of the version in force on that date may be communicated to him.
Article 4 - Terms of the GSCThe entirety of the clauses of these General Conditions of Purchase are opposable to the Seller.The nullity of a contractual clause does not entail the nullity of the General Conditions of Purchase, 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 ROOM GROUP of one or more clauses of the General Conditions of Purchase does not constitute a waiver of the other clauses of the General Conditions of Purchase, which continue to have effect.
Article 5 -Products5.1 - Product CharacteristicsThe Products are understood, within the meaning of the present General Conditions of Purchase, of any goods corresponding to the Products sold on the Website which may be the subject of a Sales Contract and offered for sale by the Seller to ROOM GROUP by the through the Website.The Seller presents his Product (s) on the tab of the Website provided for this purpose. He describes individually each Product he offers for sale and provides photographs.The Seller undertakes that the photographs illustrating the Products reproduce these Products in the most exact way. However, these photographs can not constitute a contractual document.5.2 - Product ComplianceThe Seller undertakes to offer only Products complying with the requirements of French law in force. Thus, they comply with the requirements relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers as soon as they are first placed on the market.
Article 6 - Price
6.1 - General Provisions on PriceThe selling prices of the Products presented for sale by the Seller on the dedicated tab are indicated, for each of them, in euros including all taxes, excluding delivery and transport costs. The selling price of the Product is that in force on the day of the acceptance of the offer of sale by ROOM GROUP.
6.2 - Modification of the priceSeller is free to change the price of its Products at any time. It is however understood that the price can not be modified after acceptance of the offer of sale by ROOM GROUP.
Article 7 - The offers
7.1 - Geographical scope of the offersThe purchase contracts, by ROOM GROUP, of Products offered for sale by the Sellers are reserved for Sellers residing in France and / or in a Member State of the European Union.
7.2 - Description of the offers
7.2.1 - Presentation of the offerAny Seller may make an offer to sell his / her and / or Products to ROOM GROUP through the Website on a dedicated tab. On this tab, the Seller informs the personal information allowing his identification, as well as his email address.The Seller chooses one of the following detailed Processes as of the creation of his offer of sale on the tab dedicated for this purpose on the Website.
7.2.2. - Acceptance of the offerROOM GROUP reserves the right to accept this offer of sale if and only if it considers that the Product offered for sale by the Seller corresponds to the Products targeted by the Website. The acceptance of this offer by ROOM GROUP is manifested by the sending of an email containing a purchase order.The acceptance of the offer by ROOM GROUP launches the sales deposit process according to one of the following three methods that the Seller has previously determined when creating his offer to sell (hereinafter, the "Processes"):---Upon acceptance, ROOM GROUP invites the Seller to provide him with the banking information necessary to complete the sale.
7.2.3 - Duration of the offerThe non-binding offer requires the Seller to respect a reasonable period of time in the event of withdrawal of his offer.
Article 8 - Voucher for the proposed ProductROOM GROUP, having studied the offer of sale initiated by the Seller on the dedicated tab, is under no obligation to purchase.Acceptance of the offer is manifested by sending an e-mail to the Seller containing a purchase order. This voucher is worth, upon receipt, formation of the Sales Contract.ROOM GROUP agrees not to modify this voucher after receipt of it by the Seller.
Article 9 - contract
9.1 - Conclusion of the contractThe sales contract is formed at the time of sending by ROOM GROUP to the Seller, an email containing a purchase order by which he accepts the offer of sale initiated by the Seller.
9.2 - Archiving and proofThe archiving of communications, purchase orders and invoices is done on a reliable and durable support. A reliable copy of these documents reproducing them identically is also kept on this medium.These documents may be produced as proof of the contract.
9.3 Resolution of the contractThe order may be solved by ROOM GROUP in the case of a registered letter with acknowledgment of receipt or in writing on a durable medium in case:- refusal of delivery; or- delivery of a product that does not comply with the characteristics declared by the Seller; or- delivery exceeding the deadline set in the purchase order sent by ROOM GROUP to the Seller, it being understood that this period may not be less than fifteen (15) days.In all cases, the one who resolves the contract may require the refund of the price paid plus interest calculated at the legal rate from the date of receipt of the price.The order can be solved by the Seller in case:- refusal of ROOM GROUP 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 - RequirementThe price is due in full after receipt.
10.2 - Additional paymentNo additional payment can be made after payment of the price.
10.3 - Late paymentROOM SERVICE undertakes that any unpaid amount at the due date will be, without formal notice, increased by an interest fixed at the legal rate in force on the day of the placing of the order.
10.4 - Default of paymentIt is understood that the Seller reserves the right, when the agreed price is not paid by the due date, either to request the execution of the sale, or to resolve the contract by registered letter with acknowledgment of receipt.
10.5 - Retention of title clauseThe Seller remains the owner of the Product until payment of the price by ROOM GROUP and undertakes, as long as the property is not transferred to ROOM GROUP, to take all necessary precautions for the proper conservation of the Product.
Article 11 - Delivery
11.1 - DefinitionDelivery means the transfer to ROOM GROUP of physical possession or control of the goods by the Seller.
11.2 - Delivery timeThe Seller undertakes, in accordance with the delivery deadline stipulated in the purchase order, to deliver the sold Product within 2 days after confirmation of the order.
11.3 - Delayed deliveryWhen the Product that is the subject of the purchase order is not delivered on the date or expiry of the period mentioned on the purchase order, ROOM GROUP may, in accordance with Article 9.3 of the General Terms and Conditions of Sale. purchase and after having unsuccessfully ordered the Seller to fulfill its delivery obligation within a reasonable additional time, resolve the contract by registered letter with acknowledgment of receipt or by writing in another durable medium.
11.4 - Place of deliveryThe Product (s) is / are delivered to the address indicated by ROOM GROUP on the purchase order.
11.5 - Terms of deliveryThe delivery is carried out by the direct delivery of the product to ROOM GROUP or, failing that, by the sending by the Seller of a notice of provision to ROOM GROUP.ROOM GROUP must proceed to the withdrawal of the ordered Product within fifteen (15) days from the notice of availability.In the absence of withdrawal within the time indicated, the Seller may, after formal notice of ROOM GROUP remained in vain, proceed to the withdrawal and resolve the sale by right.When the Product is delivered to the address indicated on the purchase order by a carrier, ROOM GROUP reserves the right to check, in the presence of the deliverer, the condition of the delivered Product and, in case of damage or missing , make reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify the Seller within a reasonable time.
11.6 - Delivery costsDelivery costs are charged to the seller.
11.7 - Product ComplianceUnder the conditions of Article 9.3 of the General Conditions of Purchase, if the Product received by ROOM GROUP does not comply with the purchase order and the description that the Seller has made of the Product on the Website, ROOM GROUP send a claim to the Seller for resolution of the sale.
11.8 - Unavailability of ProductsIn case of unavailability of the Products upon delivery, the Seller may propose to ROOM GROUP, under the conditions of article 5.4 of the General Conditions of Purchase, a Product equivalent, by its quality and price, to that ordered. ROOM GROUP reserves the right to accept this proposal.In the event of a refusal by ROOM GROUP, the contract will be terminated under the conditions of article 9.3 of the General Conditions of Purchase.
11.9 - Failure to deliverThe total delivery default leads to the automatic resolution of the sales contract.
11.10 - Delivery and transfer of risksThe risk of loss or damage to the Product is transferred to ROOM GROUP at the moment when he himself or a third party designated by him physically takes possession of it.When the Product is delivered to ROOM GROUP through a carrier chosen by the Seller, the Seller remains responsible for the risk of loss or damage to the Product.
11.11 - Transfer of ownershipThe ownership of the Product is transferred to ROOM GROUP from the actual delivery of the Product to ROOM GROUP, except in the event that the price has not been fully paid by the latter. In this case, the Seller remains the owner of the Product.
Article 12 – Liability
12.1 - DisclaimerThe responsibility of ROOM GROUP can not be held liable in case of non-performance or improper performance of the contract due (i) to the fact of the Seller or (ii) to the insurmountable and unpredictable fact of a third party to the contract or (iii) the force major, with the understanding that force majeure is an unforeseeable, irresistible event external to ROOM GROUP and that the temporary impediment only suspends the performance of its obligation, unless the resulting delay justifies the resolution of the contract, when the final impediment entails the termination of the contract as of right. It is understood that the responsibility of the Seller can not be engaged in the same terms.Responsibility ROOM GROUP can not be held liable for non-compliance of the Product with the legislation of the country of the Seller to which it is responsible to verify if the product is not prohibited for sale in his country.
12.2 - Product Safety FailureIt is understood that the non-professional seller and consumer is not liable for any damage caused by the Product due to a lack of security. ROOM GROUP undertakes, where appropriate, to seek the liability of the manufacturer identifiable by the information mentioned on the product packaging.
Article 13 - Termination clauseIn the cases provided for by the General Conditions of Purchase, the sale will be solved by simple registered letter with acknowledgment of receipt. The resolution will be acquired automatically without the need to resort to judicial formalities.
Article 14 - Intellectual PropertyAll the elements reproduced on the Website and in the General Terms and Conditions of Purchase are the exclusive property of ROOM GROUP, the publisher of the Website and are protected by copyright, trademark law and copyright law. patents. Protection is valid for the legal term of protection and for the entire world.Any reproduction and distribution of these elements, without prior written permission of ROOM GROUP, the publisher, expose offenders to legal proceedings.
Article 15 - Treatment of personal dataThe processing of personal data collected has the purpose of managing purchase orders.In accordance with the Data Protection Act, the Seller has a right of access, rectification, a right to the portability of his personal data, and a right to be forgotten. The controller of this data is Farès Kuzbari.The Seller may, by giving his prior consent through a box ticked during the validation of his order, receive emails or marketing SMS from ROOM GROUP. The Seller can return to his choice and unsubscribe by clicking the unsubscribe button at the bottom of each email received from the website for emails and send an SMS stating "STOP" for SMS received from the Website.It is understood that the Seller who does not wish to be the subject of any form of commercial prospection by telephone can register for free on the Bloctel opposition list on the site bloctel.gouv.fr.The Seller who does not wish his contact details to be re-used for commercial purposes, informs Farès Kuzbari.
Article 16 - Mediation he Seller and ROOM GROUP may freely use their right to use mediation to settle amicably a dispute between the parties to the Contract.In case of dispute, the parties must contact Farès Kuzbari.The mediator, as identified above, will attempt, in all independence and impartiality, to bring the Seller and ROOM GROUP closer together in order to reach an amicable solution.The Seller and ROOM GROUP are free to accept or reject (i) the mediation and (ii) the solution proposed by the mediator.
Article 17 - Competent jurisdictionIn the event of a dispute as to the application of the General Conditions of Purchase to the Contract and failing amicable agreement, the Seller and ROOM GROUP may apply to the court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the Contract as well as all documents related to this contract.The court of competent jurisdiction shall be that of the place of domicile of the defendant or the place of actual delivery of the Product.
Article 18 - Applicable lawThe General Conditions of Purchase and the Contract formed after the confirmation of order are subject to French law.