General Terms and Conditions

TERMS OF SALES

Applicable to consumers

1. IDENTITY OF THE SELLER. SPHERECO (Our Company), owner of the site www.econotes.co (the Site), is an SAS with share capital of 10,000 euros whose head office is located 260 Rue du Puech Radier - 34970 - LATTES (telephone number + 33 (0)7.66.23.20.21), Siren number 889 350 948 RCS Montpellier.

2. APPLICATION OF THE TERMS. These general conditions of sale (CGV) are applicable to all sales concluded with consumers on the Site. You accept that the information requested for the conclusion of the contract or that sent during its execution will be transmitted electronically. The General Conditions of Sale may be modified at any time and without notice by Our Company, the modifications then being applicable to all subsequent orders. The applicable General Terms and Conditions 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 can update, improve its files, withdraw 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 limitations on the importation or use of the products or services you plan to order. Any abnormal or bad faith order, any fraud or attempted fraud, any incident in payment of the price of an order may result in the order being refused.

4. STEPS TO ENTER INTO THE CONTRACT. When ordering online, all customers must provide their contact details; mail address ; address ; phone number. Your order can be modified at any time before its final validation. It will only be definitively recorded after providing the various information and final validation. The order placed on our site is automatically canceled if payment is not received. French is the only language offered for the conclusion of the contract. Our Company archives purchase orders and invoices on its servers (a copy can be provided to you on request upon payment of reproduction costs). The contract is validly concluded due to the “double-click” procedure (possibility of checking the details of your order and its total price, and correcting any errors, before confirming it to express your acceptance). The taking into account of your order is confirmed by sending an email automatically generated by our website to the email address indicated when creating the customer account.

5. PRICE. The prices appearing on the site are indicated in euros, VAT included (only for European Union countries in the Euro Zone and Switzerland), excluding delivery costs. The amount of delivery costs is calculated automatically based on 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 apply. Any order delivered outside mainland France may be subject to any local taxes, customs duties, dock dues and customs clearance costs upon delivery. Their payment is your responsibility and is your responsibility. Check with the competent authorities of the country of delivery.

6. PAYMENT. Any payment paid to Our Company cannot be considered as a deposit. The accepted means of payment are indicated in particular on the “Secure payment” page of the website. You can never, on the grounds of a claim, withhold all or part of the sums due, nor make compensation. In the event of total or partial late payment of a due date, Our Company may, for this reason alone and without the need for prior notice, immediately suspend deliveries, without you being able to claim damages. damages and interests. As part of the fight against fraud, Our Company may ask you to prove your identity, your address, and the means of payment used. In this case, your order will be processed from receipt of these documents. In the absence of receipt of these supporting documents or in the event of receipt of supporting documents deemed non-compliant, the order may be canceled.

7. DELIVERY TIMES. In the absence of indication, Our Company delivers the goods without undue delay and no later than thirty days after the conclusion of the contract. Delivery is made to the address you indicated when placing the order. Delivery means the transfer to the consumer of physical possession or control of the good. In the event of late delivery, you can terminate the contract in accordance with the provisions of article L.216-2 of the Consumer Code.

8. TRANSPORTATION. Any risk of loss or damage to the goods is transferred to you at the moment when you yourself, or a third party other than the carrier proposed by Our Company and designated by you, takes physical possession of these goods (article 216-4 of the code of the consumption). It is recommended to refuse delivery if the package has been damaged, opened or repackaged and otherwise to enter precise and detailed 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 turns out to be damaged or missing compared to the list on the preparation order. We recommend that you reiterate your protests and reservations by registered letter to the carrier within three days of receipt, in order to allow recourse against the latter to be preserved (article L133-3 of the commercial code).

9. CONTACT AND AFTER-SALES SERVICE. For any request, we invite you to contact our services by connecting to our site and going to the Contact Us pages of the Site or to the following email address: service-client@eco-notebk.com

10. WITHDRAWAL. Under the conditions provided for by articles L221-18 et seq. of the Consumer Code, you have a withdrawal period of 14 days from delivery of the goods. For orders relating to several goods delivered separately, the withdrawal period runs from the day on which the buyer, or a third party other than the carrier and designated by him, takes physical possession of the last good. To exercise the right of withdrawal, you must notify Our Company of your decision to withdraw by means of a declaration free of any ambiguity. You are recommended to use the contact form available on the Site or attached to these conditions as an appendix. From notification of withdrawal, you have 14 days to return, at your expense, the goods to our logistics warehouse located at SPHERECO, 62 Imp. Font-Roubert, 06250 Mougins, in France. To ensure better traceability of the return, you are recommended to use the return slip which will be communicated to you by our Customer Service and which will contain the exact address for returning the product. Failing this, you can return the product to our SPHERECO logistics warehouse, 62 Imp. Font-Roubert, 06250 Mougins, FRANCE, accompanying the returned product with any useful information regarding your details and your order. The costs related to the shipping of your goods, as part of this withdrawal request, are your responsibility. The cost of returning the good when it, due to its nature, cannot normally be returned by post, is indicated on our site (FAQ or help pages). The buyer may be held liable 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 withdrawal by the buyer, Our Company reimburses him for all payments received from him, including delivery costs, with the exception of additional costs arising from the fact that the buyer has chosen, where applicable, a delivery method other than the least expensive delivery method offered by Our Company when ordering; This is generally Parcel Relay Delivery or home delivery. The costs of returning products are the responsibility of the customer; their amount depends in particular on the carrier chosen by the customer, the weight, the distance; an estimate of 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 it, due to its nature, cannot normally be returned by post, can be provided to you as an indication by contacting us. Our Company reimburses within 14 days following notification of withdrawal using the same means of payment as that used for the initial transaction, unless the buyer expressly agrees to use a different means. Concerning specific payments made using a virtual credit card, these will be reimbursed by transfer. Our Company may defer reimbursement until receipt of the goods or until receipt of proof of shipment of the goods, the date chosen being that of the first of these events. As “proof of shipment of the goods” only the shipping receipt given by the carrier is accepted. The right of withdrawal cannot be exercised, in the cases provided for by article L221-28 of the Consumer Code and in particular, for: - the supply of goods made according to the consumer's specifications or clearly personalized, such as in particular parts assembled at the request of the buyer; - products which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly, such as ink cartridges; Products that are unsealed and cannot be returned for reasons of hygiene or health protection; - Purchases made by professionals.

When 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 modification or transformation of the products.

Limitation: Our Company's commercial guarantee is limited, at the free choice of Our Company, to repair, replacement (with identical or superior equipment), a credit or reimbursement in value of products recognized as defective by Our Company, taking into account the use made of it. Our Company undertakes only to ensure the replacement of defective products and repair of damage to the goods supplied to the customer by Our Company. Our Company's after-sales service can only be used within the framework of Our Company's commercial guarantee or the legal guarantee.

Article L217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a covered repair by the guarantee, any period of downtime of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.

11.1 Legal guarantees. Our Company's commercial guarantee does not prevent 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 item sold, in 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:

- Benefit from a period of 2 years from delivery of the good to take action (Article L217-7 of the Consumer Code)

- Can choose between repair or replacement of the good, subject to certain cost conditions provided for by article L.217-9 of the Consumer Code

- Are exempt from providing proof of the existence of the lack of conformity during the twenty-four months following 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 the commercial guarantee or the manufacturer's guarantee which may be granted.

Legal guarantee against hidden defects on the products sold: You can decide to implement the legal guarantee against hidden defects on the item sold (article 1641 of the Civil Code). In this case, you can choose between canceling the sale or reducing the sale price (article 1644 of the Civil Code).

Legal guarantee of conformity (Consumer Code)

Article L217-4: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L217-5: The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12: Action resulting from lack of conformity is prescribed two years from delivery of the goods.

Legal guarantee of hidden defects on the products sold (Civil Code) Article 1641: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which significantly reduce this use, that the buyer would not have acquired it, or would have only given a lower price, if he had known them.

Article 1644: In the case 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 part of the price returned.

Article 1648 paragraph 1: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect

12. RESERVATION OF OWNERSHIP. The goods delivered and invoiced to you will remain the property of Our Company until full payment of their price. Failure to pay the amount in full may result in the goods being claimed by Our Company, restitution being immediate and the goods delivered at your expense, risk and peril. During the period from delivery to transfer of ownership, the risks of loss, theft or destruction, as well as any damage you may cause, remain your responsibility.

13. COMPUTING AND FREEDOMS. Our Company collects information about you during checkout. This information allows us to carry out operations relating to customer management, prospecting, the development of commercial statistics, the management of requests for rights of access, rectification and opposition, the management of unpaid debts and disputes, management of promotional operations, management of notices. This data may be used to send information and promotional offers from SPHÈRÉCO, from which you can unsubscribe at any time by unchecking the “I would like to receive news and exclusive offers” option when placing an order. or in your emails by clicking on the “unsubscribe” link. The legal basis for this data processing is the execution of these General Terms and Conditions. Prospecting operations relating to similar goods and products are based on the legitimate interest of our Company. Other prospecting operations are based on your consent. The recipients of your data are the services of our Company, our subcontractors and the authorities and legal officials legally authorized to receive communication thereof. Your data will only be kept for the time necessary to achieve the aforementioned purposes, and in accordance with the legal retention rules applicable to commercial matters. In accordance with the provisions of the Data Protection Act of January 6, 1978 (amended) and the General Data Protection Regulations, you have the right to access, rectify, portability and erase your personal data. You can also request the limitation of the processing of data concerning you. 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 last name(s), first name(s), customer number and include a copy of your identity document. You can also, for legitimate reasons, object to the processing of data concerning you and have the right to withdraw your consent at any time when the processing of personal data implemented is based on it. The consumer is informed of the possibility of registering on the Bloctel telephone canvassing opposition list. Finally, you have the possibility of submitting a complaint to the competent supervisory authorities regarding the protection of personal data.

14. OWNERSHIP. In accordance with the Seller's T&Cs, the content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

15. UNPREDICTION. In the event of a change in unforeseeable circumstances during the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contractor.

16. FORCE MAJEURE. The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.

17. APPLICABLE LAW – LANGUAGE. These General Conditions of Sale and the operations resulting from them 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 will be authentic in the event of a 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. The computerized records of Our Company 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 precluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country. If one of the clauses or provisions of these General Terms and Conditions were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply.

The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art. L 612-1) or with existing sectoral mediation bodies , and whose references appear on the Website or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

The seller is a member of the following consumer mediator:

MEDIATION – LET’S LIVE BETTER TOGETHER

mediation-livons-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 put online by the European Commission which aims to collect possible complaints arising from an online purchase from European consumers and to then transmit the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/.

The fact of Our Company not availing itself at a given moment of one of the clauses herein cannot constitute a waiver of its right to avail itself subsequently of these same clauses.

Withdrawal form template

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of SAS SPHERECO - 260 Rue du Puech Radier - 34970 - LATTES 

+ 33 (0)7.66.23.20.21:

I/We* hereby notify you of my/our* withdrawal from the contract relating to the sale of the property below.

Order No.: Ordered on*/Received on*:

Name/First name: Address: Signature

Date

*Delete where applicable