General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Applicable to consumers
1. SELLER'S IDENTITY. SPHERECO (Our Company), owner of the website www.econotes.co (the Site), is a S.A.S with a share capital of 10,000 euros, headquartered at 260 Rue du Puech Radier - 34970 - LATTES (phone number + 33 (0)4.23.32.34.30), Siren number 889 350 948 R.C.S. Montpellier.
2. APPLICATION OF CONDITIONS. These general terms and conditions of sale (GTC) are applicable to all sales concluded with consumers on the Site. You agree that information requested for the conclusion of the contract or sent during its execution may be transmitted electronically. The GTC may be modified at any time and without prior notice by Our Company, with such modifications being applicable to all subsequent orders. The applicable GTC are those in force on the day of the order.
3. ORDERS. The essential characteristics of the product are indicated in the "product sheet". Our Company may update, improve its product sheets, or remove products from sale. Delivery restrictions are indicated in the product sheet. It is your responsibility to inquire with the local authority in your country about any import or use limitations for the products or services you intend to order. Any abnormal or bad faith order, any fraud or attempted fraud, any payment incident for the price of an order may result in the refusal of the order.
4. STEPS TO CONCLUDE THE CONTRACT. When ordering online, every customer must provide their contact details: email address; postal address; phone number. Your order can be modified at any time before its final validation. It will only be definitively registered after all information has been entered and validated. Orders placed on our site are automatically canceled if payment is not received. French is the only language offered for the conclusion of the contract. Our Company archives order forms and invoices on its servers (a copy can be provided upon request, subject to reproduction costs). The contract is validly concluded through the "double-click" procedure (ability to check the details of your order and its total price, and to correct any errors, before confirming it to express your acceptance). Acknowledgment of your order is confirmed by sending an automatically generated email by our website to the email address provided when creating the customer account.
5. PRICE. The prices displayed on the site are in euros, including VAT (only for Eurozone European Union countries and Switzerland), excluding delivery costs. The amount of delivery costs is automatically calculated for each order; it appears on the summary of your order before final registration. For deliveries outside French territory, the provisions of the General Tax Code relating to VAT are applicable. Any order delivered outside mainland France may be subject to local taxes, customs duties, octrois de mer (local taxes on goods entering French port cities), and customs clearance fees upon delivery. Payment of these is your responsibility. Please check with the competent authorities of the delivery country.
6. PAYMENT. Any payment made to Our Company shall not be considered as a deposit. Accepted payment methods are notably indicated on the "Secure Payment" page of the website. You may never, on the grounds of a complaint, withhold all or part of the sums due, nor make a compensation. In case of total or partial late payment of an installment by its due date, Our Company may, solely for this reason and without prior formal notice, immediately suspend deliveries, without you being able to claim damages. As part of the fight against fraud, Our Company may ask you to justify your identity, your domicile, and the payment method used. In this case, your order will be processed upon receipt of these documents. In the absence of receipt of these supporting documents or in case of receipt of documents deemed non-compliant, the order may be canceled.
7. DELIVERY TIMES. Unless otherwise specified, Our Company delivers the goods without undue delay and at the latest thirty days after the conclusion of the contract. Delivery is made to the address you indicated when placing the order. Delivery means the transfer of physical possession or control of the goods to the consumer. In case of late delivery, you may terminate the contract in accordance with the provisions of Article L.216-2 of the Consumer Code.
8. TRANSPORT. Any risk of loss or damage to the goods is transferred to you when you, or a third party other than the carrier proposed by Our Company and designated by you, physically takes possession of these goods (Article 216-4 of the Consumer Code). It is recommended to refuse delivery if the package has been damaged, opened or repackaged, and failing that, to make precise and circumstantial reservations on the delivery note. We invite you to immediately check the contents of the package and to contact Our Company immediately if a product is found to be damaged or missing compared to the packing list. We recommend that you reiterate your protests and reservations by registered letter to the carrier within three days of receipt, in order to preserve any recourse against the latter (Article L133-3 of the Commercial Code).
9. CONTACT AND AFTER-SALES SERVICE. For any request, we invite you to contact our services by logging onto our website and visiting the Contact Us pages of the Site or by sending an email to the following address: service-client@eco-notebk.com
10. RIGHT OF WITHDRAWAL. Under the conditions provided for by Articles L221-18 and following of the Consumer Code, you have a withdrawal period of 14 days from the delivery of the goods. For orders involving several goods delivered separately, the withdrawal period runs from the day the buyer, or a third party other than the carrier and designated by them, takes physical possession of the last good. To exercise the right of withdrawal, you must notify Our Company of your decision to withdraw by an unequivocal statement. It is recommended to use the contact form available on the Site or attached to these conditions in the appendix for this purpose. From the notification of withdrawal, you have 14 days to return, at your expense, the merchandise to our logistics warehouse located at SPHERECO, 62 Imp. Font-Roubert, 06250 Mougins, France. To ensure better traceability of the return, it is recommended to use the return slip that will be provided by our Customer Service and which will contain the exact address for the return of the product. Failing this, you can return the product to our logistics warehouse SPHERECO, 62 Imp. Font-Roubert, 06250 Mougins, FRANCE, by accompanying the returned product with any useful information regarding your contact details and your order. The costs associated with the shipment of your merchandise, as part of this withdrawal request, are at your expense. The cost of returning the goods when, due to their nature, they cannot normally be returned by post, is indicated on our site (FAQ or help pages). The buyer's liability may be incurred in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods. In the event of buyer's withdrawal, Our Company will reimburse all payments received from him, including delivery costs, with the exception of additional costs arising from the buyer having chosen, where applicable, a delivery method other than the least expensive delivery method offered by Our Company when ordering; this generally concerns parcel relay delivery or home delivery. The cost of returning products is the responsibility of the customer; their amount depends notably on the carrier chosen by the customer, the weight, the distance; an estimate of the return costs can be made on the La Poste website (https://www.laposte.fr/particulier) by clicking on "calculate a price". The cost of returning the product when, due to its nature, it cannot normally be returned by post, can be provided to you as an indication by contacting us. Our Company will proceed with the reimbursement within 14 days following the notification of withdrawal using the same payment method as that used for the initial transaction, unless express agreement of the buyer for the use of a different method. Regarding specific payments made by virtual credit card, these will be reimbursed by bank transfer. Our Company may defer reimbursement until receipt of the good or until receipt of proof of shipment of the good, the date taken being the earlier of these facts. Only the dispatch receipt provided by the carrier is accepted as "proof of shipment of the good". The right of withdrawal cannot be exercised, in the cases provided for by Article L221-28 of the Consumer Code and notably, for: - the supply of goods made to the consumer's specifications or clearly personalized, such as, for example, parts assembled at the buyer's request; - products which, by their nature, cannot be re-sent or are liable to deteriorate or expire quickly, such as ink cartridges; Unsealed products which cannot be returned for reasons of hygiene or health protection; - Purchases made by professionals.
If a problem arises with a product, we invite you to contact our After-Sales Service by visiting our website and using the help pages.
Exclusions: Our Company does not guarantee damage of external origin; Damage resulting from improper use of the products; Damage resulting from a modification or transformation of the products.
Limitation: Our Company's commercial warranty is limited, at Our Company's sole discretion, to the repair, replacement (with identical or superior material), a credit note, or a reimbursement of the value of products deemed defective by Our Company, taking into account the use made of them. Our Company undertakes only to ensure the replacement of defective products and the repair of damages to goods supplied to the customer by Our Company. Our Company's after-sales service can only operate within the framework of Our Company's commercial warranty or legal warranty.
Article L217-16 of the Consumer Code: When the buyer requests from the seller, during the commercial warranty period granted at the time of acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the availability of the good for repair, if this availability is subsequent to the request for intervention.
11.1 Legal Guarantees. Our Company's commercial warranty does not preclude the benefit of the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 of the Consumer Code and that relating to defects in the sold item, under the conditions provided for in Articles 1641 to 1648 of the Civil Code.
11.2 Legal guarantee of conformity (see reference texts below):
When you act under the legal guarantee of conformity, you:
- Have a 2-year period from the delivery of the goods to act (Article L217-7 of the Consumer Code)
- Can choose between repair or replacement of the goods, subject to certain cost conditions provided for in Article L.217-9 of the Consumer Code
- Are exempted from providing proof of the existence of the lack of conformity during the twenty-four months following the delivery of the goods (Article L217-7 of the Consumer Code), and six months for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee or manufacturer's warranty that may be granted.
Legal guarantee against hidden defects on sold products: You can decide to invoke the legal guarantee against hidden defects in the sold item (Article 1641 of the Civil Code). In this case, you can choose between rescinding the sale or a reduction in the selling price (Article 1644 of the Civil Code).
Legal guarantee of conformity (Consumer Code)
Article L217-4: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5: The goods conform to the contract:
1° If it is fit for the purpose ordinarily expected of similar goods and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12: The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.
Legal guarantee against hidden defects on sold products (Civil Code) Article 1641: The seller is bound by a warranty against hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given a lesser price for it, had he known of them.
Article 1644: In the cases of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having a part of the price refunded.
Article 1648, first paragraph: The action resulting from redhibitory defects must be brought by the acquirer within two years from the discovery of the defect.
12. RETENTION OF TITLE. The goods delivered and invoiced to you shall remain the property of Our Company until full payment of their price. Failure to fully pay the sum may result in Our Company claiming back the goods, with restitution being immediate and the goods delivered at your expense, risks, and perils. During the period between delivery and transfer of ownership, the risks of loss, theft, or destruction, as well as any damages you may cause, remain your responsibility.
13. IT AND FREEDOMS. Our Company collects information about you during checkout. This information allows us, in particular, to carry out operations relating to customer management, prospecting, commercial statistics, managing requests for access, rectification and opposition rights, managing unpaid debts and disputes, managing promotional operations, and managing reviews. This data may be used for sending information and promotional offers from SPHERECO, which you can unsubscribe from at any time by unchecking the "I wish to receive news and exclusive offers" option during checkout or in your emails by clicking on the "unsubscribe" link. The legal basis for these data processing operations is the execution of these GTC. Prospecting operations relating to similar goods and products are based on our Company's legitimate interest. Other prospecting operations are based on your consent. The recipients of your data are our Company's services, our subcontractors, and the authorities and judicial auxiliaries legally authorized to receive communication. Your data will only be kept for the time necessary to achieve the aforementioned purposes, and in accordance with the legal retention rules applicable in commercial matters. In accordance with the provisions of the Data Protection Act of January 6, 1978 (amended) and the General Data Protection Regulation, you have the right to access, rectify, port, and erase your personal data. You can also request the restriction of the processing of your data. To find out more or exercise your rights, write to service-client@eco-notebk.com or to 260 Rue du Puech Radier - 34970 - LATTES. Your request must specify your full name, customer number, and include a copy of your identity document. You can also, for legitimate reasons, object to the processing of your data and have the right to withdraw your consent at any time when the personal data processing operations carried out are based on it. The consumer is informed of the possibility of registering on the Bloctel telephone solicitation opt-out list. Finally, you have the possibility of filing a complaint with the competent supervisory authorities for personal data protection.
14. PROPERTY. In accordance with the Seller's GTC, the content of the Website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
15. UNFORESEEABILITY. In the event of unforeseen circumstances at the time the contract was concluded, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not accepted to assume a risk of excessively onerous performance may request a renegotiation of the contract with its co-contractor.
16. FORCE MAJEURE. The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from an event of force majeure, as defined in Article 1218 of the Civil Code.
17. APPLICABLE LAW - LANGUAGE. These General Terms and Conditions of Sale and the operations resulting therefrom are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in case of dispute.
18. FINAL STIPULATIONS. Our Company 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. Our Company's computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties, unless proven otherwise. French law is applicable without excluding the application of mandatory legal rights granted to consumers or a more protective mandatory law by a foreign judge seized by a consumer from the corresponding country. If one of the clauses or provisions of these GTC were to be cancelled or declared illegal by a final court decision, this nullity or illegality will not affect the other clauses and provisions, which will continue to apply.
The Client is informed that they can in any event resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references appear on the Website, or to any alternative dispute resolution method (conciliation, for example) in case of dispute.
The seller is a member of the following consumer mediator:
MEDIATION – VIVONS MIEUX ENSEMBLE
mediation-vivons-mieux-ensemble.fr
2 impasse de Beauregard 54000 NANCY
mediation@vivons-mieux-ensemble.fr
The consumer is also informed of the existence of the platform set up by the European Commission, which aims to collect any complaints arising from an online purchase by European consumers and then to transmit the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/.
The fact that Our Company does not, at any given time, avail itself of one of the clauses herein shall not be construed as a waiver of the right to avail itself of the same clauses at a later date.
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
To SAS SPHERECO - 260 Rue du Puech Radier - 34970 - LATTES
+ 33 (0)4.23.32.34.30:
I/We* hereby notify you of my/our* withdrawal from the contract for the sale of the goods below.
Order No.: Ordered on*/Received on*:
Name/Surname: Address: Signature
Date
*Delete as appropriate

