The following text is a translation from French. The translation is provided as a service only and is not legally binding. Only the French original applies, which you can view here.
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Terms of delivery
- Conformity & Warranty
- Seller's liability
- Force majeure
- Applicable law and jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions of Sale (GTCS) apply to all contracts concluded between a consumer or professional (hereinafter referred to as the "Customer") and 3idee Sàrl and relating to the products and/or services presented by the Seller on its online store. These GTC cancel any conditions imposed by the customer, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions of Sale, a consumer is any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity. For the purposes of these General Terms and Conditions of Sale, a professional is any natural or legal person who acts, including through the intermediary of another person acting in his or her name or on his or her behalf, for purposes which fall within the scope of his or her commercial, industrial, artisanal or liberal profession.
2) Conclusion of contract
2.1 The product descriptions published in the Seller's online store represent binding offers by the Seller, which the Customer accepts by placing an order.
2.2 The customer may place an order and thus accept the seller's offer by telephone, letter, fax, e-mail or via the order form integrated into the seller's online store. When placing an order via the online form, the customer, after entering the personal information relating to the order and clicking on the button completing the order ("Confirm order"), issues a binding declaration of acceptance of the offer relating to the goods contained in his or her order basket.
2.3 The seller will send the customer an order confirmation by post or e-mail.
2.4 The text of the contract is archived by the seller and a copy is transmitted to the customer together with these GTC. This transmission takes place when the order is sent in text form (e-mail, fax or letter). This document is also archived on the seller's website and can be requested free of charge by the customer via his password-protected account. The customer must, however, have created an account on the seller's website before placing an order.
2.5 Before placing a firm and definitive order via the seller's online form, the customer may correct the information entered using the usual keyboard functions. In addition, all the information communicated will be displayed again in a confirmation window just before the final validation of the order, where it can be corrected in the same way.
2.6 The contract is concluded in German and French.
2.7 Order processing and contact are carried out by e-mail and via an automated order processing system. It is the customer's responsibility to ensure that the e-mail address provided is correct for the purposes of processing the order and receiving e-mails from the seller. In addition, the customer must ensure that all e-mails sent by the seller itself or by third parties responsible for processing the order can be received if spam filters are used.
3) Right of withdrawal
In principle, consumers have a right of withdrawal. Further details on the right of withdrawal can be found in the seller's information on exercising the right of withdrawal.
4) Prices and terms of payment
4.1 Unless otherwise stipulated in the product descriptions published by the Seller, the prices indicated by the Seller are final prices in euros, inclusive of all taxes. They therefore include value-added tax (VAT). Additional shipping and delivery charges may apply. Where applicable, these will be expressly indicated in the corresponding product description.
4.2 The customer may choose between the different means of payment displayed on the seller's website.
5) Terms of delivery
5.1 Unless otherwise agreed, goods are regularly delivered by post to the address indicated by the customer. The delivery address shown on the order processed and managed by the seller is the reference address for the execution of the transaction.
5.2 If the shipping company returns the goods to the seller due to the impossibility of handing them over to the customer, the costs incurred by the shipping failure will be charged to the customer. However, this shall not apply if the customer has correctly exercised his right of withdrawal, if the customer is not responsible for the circumstances which led to the impossibility or if the customer has been temporarily prevented from accepting delivery, unless the seller has given advance notice of a reasonable delivery date.
5.3 The seller reserves the right to make deliveries in installments within reasonable limits. No additional costs will be charged to the customer unless delivery in instalments has been expressly requested by the customer. In the latter case, the seller reserves the right to invoice the customer for the additional delivery costs.
5.4 In the event of non-performance of the contract by the seller due to the unavailability of the goods, the customer will be informed and reimbursed without delay and at the latest within thirty days of payment.
5.5 The risk of loss or damage to the goods is transferred to the customer when the latter, or a third party designated by the consumer customer himself and other than the carrier proposed by the seller, takes physical possession of the goods. If the customer is a professional, the risk of loss or damage is transferred to the customer when the goods are handed over to the carrier.
5.6 If the customer is a professional, the seller reserves the right to withdraw from the contract in the event of incorrect or inappropriate delivery by its suppliers. This only applies if the seller is not responsible for the faulty delivery and, exercising due diligence, has entered into a concrete compensation agreement with the supplier. The seller is obliged to make every reasonable effort to procure the goods from its suppliers. In the event of total or partial unavailability of the goods, the customer will be informed immediately and reimbursed as soon as possible.
5.7 For logistical reasons, collection by the customer is not possible.
6) Conformity & Legal Warranty
In the event of defects in the goods purchased, the statutory provisions apply.
7) Seller's liability
The seller is liable to its customer for damages or reimbursement of expenses for any breach of its legal, contractual, quasi-contractual or tortious obligations as follows:
In accordance with the law, the seller remains fully liable:
- in the event of tortious intent or gross negligence,
- in the event of wilful or negligent injury to life, body or health,
- in the event of a warranty promise, unless otherwise agreed,
- under mandatory product liability.
7.1 In the event of the Seller's breach of an essential contractual obligation, its liability is limited to the damage foreseeable at the time the contract was concluded, unless unlimited liability applies in accordance with the provisions of paragraph 7.1. Essential contractual obligations are obligations which the contract imposes on the seller in order to achieve the purpose of the contract and compliance with which is essential to the proper performance of the contract and on compliance with which the customer is entitled to rely.
7.2 Apart from the cases provided for above, all liability on the part of the Seller is excluded.
7.3 The above liability regulations also apply to any liability incurred by the Seller for its vicarious agents or representatives.
8) Force majeure
The Seller shall not be liable if the non-performance or delay in performance of any of the obligations described in these GTCS is due to force majeure.
9) Applicable law, jurisdiction
9.1 If the customer is a consumer within the meaning of article 1.2, any legal relationship between the contracting parties shall be governed by the law of the country in which the customer has his habitual residence, to the exclusion of the international commercial law of the United Nations. The place of jurisdiction for any dispute arising in connection with this contract shall be exclusively that of the customer's habitual residence.
9.2 If the customer is a professional within the meaning of article 1.2, any legal relationship between the contracting parties shall be governed by the law of the country in which the seller has its registered office, to the exclusion of the international commercial law of the United Nations. The place of jurisdiction for all disputes arising in connection with this contract shall be the Seller's registered office.
10) Out-of-court settlement of disputes
This platform is a one-stop shop for the out-of-court settlement of disputes arising from online sales or service contracts concluded between consumers and professionals.
10.2 The seller is neither obliged nor willing to participate in out-of-court dispute settlements with an out-of-court dispute settlement entity.