ARTICLE 1 DESIGNATION OF THE SELLER
The website www.limitedresell.com is published by Limited Resell, a micro-company registered in the Sirene register. Registered with the Nice Trade and Companies Register under number 834 892 523 and under SIRET number 8348925252300012, whose registered office is at 94 Corniche Fleurie, 06200 Nice, France
ARTICLE 2 - GENERAL PROVISIONS
The General Terms and Conditions of Sale ("GTC") are applicable to all products for sale on Limited Resell's website, which is freely accessible.
2.2. FIELD OF APPLICATION
The GTC govern the online sales contracts of the Seller's products to buyers in the capacity of Consumers, understood as natural persons acting for personal purposes (the "Consumers") and together with the online order constitute the paper and/or electronic documents formalising the distance sales contract between the parties, to the exclusion of all other documents.
The GTCs are exclusively applicable to products delivered to Consumers established in France and/or in a Member State of the European Union.
2.3. AVAILABILITY AND MANDATORY NATURE
The T&Cs are made available to Consumers on the Website by free consultation and as part of the order process.
The GTCs are binding on the Consumer who acknowledges, by ticking the box provided for this purpose when ordering, as specified in Article 6 below, that he or she has read and accepted them before placing an order.
The validation of the order by its confirmation is equivalent to adherence to the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Seller in accordance with Article 1127-2 of the Civil Code.
ARTICLE 3 - PRODUCTS
The products offered for sale on the Website are described. Photographs are not part of the offer provided they are not misleading. The offer to sell is made subject in particular to article 6.3.
3.2. STOCK AVAILABILITY
In the event of unavailability, the Seller shall inform the Consumer and may offer him a purchase voucher for the amount of the order that can be used for any future order or the Seller shall refund the sums paid within a period of fourteen (14) days. The Seller is not bound by any cancellation compensation.
ARTICLE 4 - PRICES
4.1. SALE PRICE
The sale price is the one in force on the day of the order.
In accordance with Article L. 112-1 of the French Consumer Code, the selling prices are indicated, for each of the products appearing in the electronic catalogue, in euros, all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the Consumer is indicated on the order confirmation page of the Website (See Article 6 below).
The additional delivery or postage costs (to which must be added any other costs incurred by the Seller), which the customer may have become aware of before the order is placed, are fixed on the order form.
ARTICLE 5 - OFFER
5.1. SPATIAL SCOPE OF THE ONLINE SALES OFFER
The online sales offers presented on the Website are reserved for Consumers residing in France and/or in a Member State of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the Website are valid, unless otherwise indicated, as long as the products appear in the electronic catalogue and within the limits of available stocks.
The Consumer's acceptance of the offer is validated, in accordance with the double-click procedure, by the confirmation of the order, as follows.
ARTICLE 6 - ORDER WITH PAYMENT OBLIGATION
6.1. STEPS FOR CONCLUDING THE CONTRACT
To place an order, the Consumer must create an account.
The Consumer fills the virtual basket indicating the selected products and the desired quantities, then clicks on the "order" button on the icon materializing the virtual basket. Then, the Consumer logs in or creates an account.
Before clicking on the "order" button again, the Consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
He chooses the terms and cost of delivery.
The confirmation of the order then implies at the time of the validation of the transport the acceptance of the General Terms and Conditions by checking the box provided for this purpose thus forming the contract, it being specified that the General Terms and Conditions can be consulted by clicking on the link "General Terms and Conditions of Sale".
Payment is then made by credit card or PayPal.
6.2. ORDER CHANGE
Any modification of the order by the Consumer after confirmation of his order is subject to acceptance by the Seller.
The Seller reserves the right to make changes to the product ordered that are related to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
6.3. VALIDATION OF THE ORDER - RESERVE
The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers with the status of Consumers.
6.4. ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER
The Seller acknowledges receipt of the order electronically.
ARTICLE 7- CONTRACT
The sales contract is formed at the time the Consumer sends the confirmation of his order unless the order is refused in accordance with article 6.3.
7.2. ARCHIVING AND PROOF
Communications, purchase orders and invoices are archived on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1366 of the Civil Code and Article L. 213-1 of the Consumer Code. These communications, purchase orders and invoices may be produced as proof of the sales contract.
The order may be cancelled by the Consumer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of:
(a) the delivery of a non-conforming product;
(b) late delivery: delivery time greater than 30 days
The Seller shall refund the sums paid within fourteen (14) days.
ARTICLE 8 - PAYMENT
The price is due in full at the time of order.
Excluding amounts paid, which are refunded in the event of unavailability of the product ordered under the conditions provided for in Article 3-2.
Payment is made immediately upon ordering by credit card via the secure payment platform Hipay or via PayPal.
8.2. PAYMENT SECURITY
The Website is equipped with a system to secure online payments allowing the Consumer to encrypt the transmission of his banking data.
The Website indicates the payment methods accepted.
8.4. RETENTION OF TITLE CLAUSE
The Seller remains the owner of the products until the price has been fully collected.
ARTICLE 9- DELIVERY
The Consumer may apply Article 7.3(b).
9.2. DELIVERY TERMS AND CONDITIONS
Delivery is made by handing over the product directly to the Consumer at the address indicated when the order is placed online. It is the Consumer's responsibility to check the condition of the delivered product in the presence of the deliverer and, in the event of damage or missing items, to make reservations on the delivery note or transport receipt, and possibly to refuse the product and notify the Seller.
9.3. DELIVERY AND TRANSFER OF RISK
The risk of loss or damage to the property is transferred to the Consumer at the time the Consumer takes, or a third party designated by the Consumer, possession of the property.
The product, which is delivered to the Consumer by a carrier chosen by the Seller, travels at the Seller's risk.
The product, which is delivered to the Consumer by a carrier chosen by him, travels at the Consumer's risk from the time of delivery to the carrier.
ARTICLE 10 - LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS
10.1. CONSUMER INFORMATION
It is recalled that all products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
10.2. IMPLEMENTATION OF THE COMPLIANCE GUARANTEE
In accordance with Article L. 217-4 of the Consumer Code "the Seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
In accordance with Article L. 217-5 of the Consumer Code "To be in conformity with the contract, the good must:
1/ Be fit for the use usually expected of a similar property and, if applicable:
correspond to the description given by the Seller and possess the qualities that he presented to the buyer in the form of a sample or model;
have the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, the producer or his representative, in particular in advertising or labelling;
2/ Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted.
In accordance with article L. 217-12 of the same code: "The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods. »
When acting as a legal guarantee of conformity, the Consumer:
has a period of two years from the delivery of the property to act;
may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
In accordance with article L. 217-16 of the same code: "When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, a refurbishment covered by the guarantee, any immobilisation period of at least seven days shall be added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer's request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
10.3. IMPLEMENTATION OF THE GUARANTEE FOR HIDDEN DEFECTS
In accordance with article 1641 of the Civil Code "The Seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them".
In accordance with article 1648 of the Civil Code, "An action resulting from fundamental defects must be brought by the purchaser within two years of the discovery of the defect."
The Consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Regardless of the commercial guarantee, the Seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 et seq. of the Consumer Code and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
ARTICLE 11 RIGHT OF WITHDRAWAL
11.1. TERMS, CONDITIONS, DEADLINE AND EXERCISE MODALITIES
You will have the right to withdraw, without giving any reason, within fourteen (14) days after the day on which you, or the third party you have designated to do so, have physically taken possession of the property or, if applicable, the last lot or piece.
To exercise the right of withdrawal, you must notify us:
your name, geographical address and, where available, your telephone number and e-mail address;
as well as your decision to withdraw by means of an unambiguous statement (letter, e-mail).
In the event of a withdrawal, we will refund you all payments received from you, including delivery charges (except for additional charges arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method we offer) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your withdrawal decision.
We will refund you using the same payment method you would use for the original transaction. With your express consent, another means can be used. In any event, this refund would not result in any cost to you.
It is recalled that the customer is liable, in the event of retraction after use of the goods, for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.
The Seller reserves the right to defer the refund until receipt of the item(s) ordered, or until the customer has provided proof of shipment of the item(s), whichever is the earlier.
11.4. RETURN - RETURN COSTS
In the event of retraction, the customer must return the goods to Limited Resell, 94 Corniche fleurie at NICE 06200, without undue delay and, in any event, no later than fourteen (14) days following the communication of the retraction.
The consumer SUPPORTS THE RETURN FEES of the good in case of retraction.
ARTICLE 12 - INTELLECTUAL PROPERTY
Any reproduction and distribution of the elements, without prior written authorization from the publisher, exposes the offenders to legal proceedings.
ARTICLE 13 - PROCESSING OF PERSONAL DATA
The Seller collects and processes Consumers' personal data for the following purposes: (i) operations relating to the day-to-day management of customers regarding contracts and orders, (ii) the provision of products and services on the Website, (iii) the management of returns, exercise of the right of withdrawal, (iv) the management of payments, invoicing, unpaid and litigation.
Consumers who do not wish to provide the information necessary to use the services offered by the Website and, where applicable, necessary to create a personal space, may neither use the services offered by the Seller nor place an order on the Website.
In accordance with the French Data Protection Act, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning you, the controller being Mikhael TORDJMAN.
If you have previously accepted it, you may receive emails or marketing SMS from the Seller from which you can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS by clicking on STOP in each SMS received. It is also specified that a customer who does not wish to be the subject of commercial prospecting by telephone may register free of charge on the Bloctel opposition list on the bloctel.gouv.fr website.
If you do not want your personal data to be reused for commercial purposes, please inform the department responsible for processing.
13.1. USE OF THE PERSONAL DATA COLLECTED
The main uses of your personal data are as follows:
Access and use of the site;
Verification and authentication of your data;
Optimization of the layout and operation of the site;
Management of the relationship with you;
Sending commercial information and advertising messages, based on your browsing history, preferences and interests.
13.2. HOW LONG YOUR DATA WILL BE KEPT
Your personal information is kept for a period of time that may not exceed 3 years, unless:
You exercise, under the conditions provided below, one of the rights granted to you by law;
A longer retention period is permitted or required by law or regulation.
13.3. PROTECTION OF YOUR DATA
Access to your personal data is strictly limited to Limited Resell, authorised by virtue of their functions and bound by an obligation of confidentiality. However, the data collected may be communicated to subcontractors contractually responsible for carrying out the tasks necessary for the proper functioning of the Site and its services as well as for the proper management of the relationship with you, without you having to give your authorization. It is specified that, in the course of performing their services, subcontractors have only limited access to your data and have a contractual obligation to use them in accordance with the provisions of applicable legislation on the protection of personal data. Except as set out above, Limited Resell undertakes not to sell, rent, lease, transfer or give access to your data to third parties without your prior consent, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of the defence, etc.).
13.4. YOUR RIGHTS TO YOUR DATA
In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), you have the following rights:
Exercise your right of access, to know the personal data concerning you;
Request the updating of your data, if it is inaccurate;
Request portability or deletion of your data;
Request the limitation of the processing of your data;
You object, for legitimate reasons, to the processing of your data;
You object or withdraw your consent to the use by our services of your contact details to send our promotions and solicitations via e-mail, SMS messages, telephone calls and postal mail.
This right remains valid whether the information concerning you has been transmitted directly to us by you or by third party partners to whom you have communicated it (in this case, you must click on the unsubscribe links provided in our SMS or emails or contact us under the conditions below).
These various rights can be exercised directly by email at the following address: email@example.com
For security reasons and to avoid any fraudulent request, this request must be accompanied by a proof of identity. The receipt will be destroyed once the request has been processed.
When you visit the Site, Cookies are placed on your computer, mobile or tablet.
A Cookie is information placed on your navigation device by the server of the visited Site. Some parts of the Site may not be functional without the acceptance of cookies by the user.
The information collected in this way will only be used to track the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.
This information will not be stored for more than 13 months without your consent.
You can disable cookies from your browser settings.
ARTICLE 14 - MEDIATION
14.1. PRIOR COMPLAINT
In the event of a dispute, you should first contact customer service.
14. 2. MEDIATION REQUEST
In the event of failure of the request for complaint or in the absence of a reply within two months, the Consumer may submit the dispute relating to the purchase order or these GTC to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The parties remain free to accept or refuse the use of mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
ARTICLE 15 - COMPETENT COURT
In the absence of an amicable agreement, the competent court will be that of the defendant's place of residence (Article 42 of the Code of Civil Procedure) or that of the place where the goods were actually delivered (Article 46 of the same Code).
ARTICLE 16 - APPLICABLE LAW
This contract and the General Terms and Conditions governing it are subject to French law.
Updated on: 28/02/2019