Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE OF PRODUCTS SOLD TO CONSUMERS VIA THE WEBSITES WWW.TRAPHIC.FR
Last updated on 19/10/2020
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by TRAPHIC (the “Seller”) with consumers (the “Customers” or “Customer”) who wish to purchase the products offered for sale by the Seller on the websites www.traphic.fr (hereinafter individually or collectively the “Website”). In particular, they set out the terms and conditions of ordering, payment and handling and returns of Products ordered by the Customers.
The main characteristics of the Products, and in particular specifications, illustrations and indications of the dimensions or of the capacity of the Products, are presented on the Website. It is the responsibility of the Customer to review such information before ordering any Products. The selection and the purchase of a Product is the sole responsibility of the Customer.
The Seller’s contact details are the following:
85 rue d’Hauteville
Email address: email@example.com
European Union VAT number: FR57888299146
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in retail stores or through any other means of distribution or sale.
The Customer declares that he/she has duly read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose at the time of ordering the Products online.
These General Terms and Conditions of Sale may be later amended. The version applicable to the Customer’s purchase is the version in force on the Website at the time the order is placed. The approval of the order by the Customer constitutes acceptance without restriction or reservation of the General Terms and Conditions of Sale.
Unless proof is provided to the contrary, the data registered in the Seller’s computer system shall constitute proof of all of the transactions concluded with the Customer.
ARTICLE 2 – Products
The photographs and graphics presented on the Website have no contractual effect and cannot give rise to any liability on the part of the Seller. The Customer is required to refer to the description of each Product in order to know its essential properties and features.
The products presented on the website details the following informations:
- the essential properties and features of the Products, informations regarding colors, sizes and printed illustration on the Products ;
- prices of the products :
- informations regarding shipping
Before ordering, the Customer declares that he/she has duly read all the informations given by this arcticle. The choice and purchase of a Product is only driven by the Client’s responsibility
ARTICLE 3 - Orders
The Customer has the possibility to select and order the Products using the Website.
The offers of Products are valid for a limited time of thirty (30) days (‘Period of Order”). The end of the Period of Order is given, for each product, on the website.
The Customer represents that he/she has the necessary capacity to contract and to purchase the Products offered for sale on the Website and warrants that he/she is fully authorized to use his/her means of payment and that such payment will give access to sufficient funds to cover all of the costs resulting from the order.
It is the responsibility of the Customer to verify the contents and the accuracy of his/her order and to correct any mistakes before approving his/her order and authorizing the payment by clicking on the button “Confirm and Pay”.
The sale shall not be considered as complete until after the sending to the Customer of confirmation of the Seller’s acceptance of the order by email and after receipt of the payment of all of the price by the Seller. Any order made using the Website constitutes the formation of a contract made at a distance between the Customer and the Seller.
The Seller reserves the right to suspend or to cancel the processing of any order, whatever its nature or the processing stage, in case of a failure to make payment or partial payment of any sum owing by the Customer, in the case of a payment incident, in the case of fraud or attempted fraud relating to the use of the Website, including in relation to previous orders.
The Seller also reserves the right to refuse the Customer’s orders where the quantities ordered are unusually high in relation to the quantities normally ordered by purchasers acting as consumers.
ARTICLE 4 - Price
The Products are sold at the prices in force as indicated on the Website on the date the order is recorded by the Seller. The prices are indicated in Euros, both before and after tax.
The prices include any reductions which may be granted by the Seller as indicated on the Website.
The payment requested from the Customer corresponds to the total amount of the purchase, including taxes.
ARTICLE 5 – Terms and conditions of payment
In order to pay his/her online order, the Customer may use of the means of payment proposed at the time he/she confirms the order. Traphic does accept Paypal, credit card and Mastercard.
The price is payable in full at the time the Customer places the order.
The Seller is not obliged to make available any Products ordered by the Customer where the Customer has not paid the price in full under the terms and conditions set out above.
ARTICLE 6 – Delivery
The Customer can find the delivery time of the Products on the description page of each Product and on the order confirmation.
The Seller only delivers the Products to the territory of the countries listed in Annex 1.
The delivery can be made, at the choice of the Customer, in a relay point (in France only) or at his home.
Depending on the delivery method selected, the Customer will have to pay a delivery charge, in an amount to be indicated by the Seller at the time of purchase. The Customer is informed that, depending on the country of delivery chosen (in particular when it is a country located outside the European Union), customs fees may be requested upon receipt, in addition to the costs of delivery. Said customs charges are independent of the Seller.
In the event that the Customer chooses home delivery, he certifies the accuracy of the address he sent to the Seller. He also agrees that the address communicated is an address to which it is possible to make a delivery, on working days and at the usual times. If additional delivery costs should be incurred by the Seller due to an error caused by the Customer in the information relating to his address or due to difficulties related to the address which are not the responsibility of the deliverer, the Customer will have to bear the additional costs.
Each Product is considered to have been delivered when it has been made available to the Customer by the carrier at a relay point or at the Customer's home materialized by the control system used by the carrier.
Upon receipt, the Customer is required to check the conformity of the Products thus delivered with his order.
In the event of a delivery that does not comply with the order, the Seller invites the Customer to refuse the goods and to express reservations on the delivery note.
ARTICLE 7 – Transfer of ownership - Transfer of risks
The transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the Customer, regardless of the date of collection of the Products or the date on which they are made available for collection. Notwithstanding the date of transfer of ownership of the Products, the transfer of the risks of loss and damage of the Products shall only occur once the Customer takes physical possession of the Products.
ARTICLE 8 – Right of withdrawal
In accordance with the applicable legal provisions, the Customer has a period of fourteen (14) days following receipt of the Product to exercise his/her right of withdrawal from the contract with the Seller, without having to give any reasons or pay any penalty, for exchange or reimbursement, subject to returning the Product(s) in their original packaging and in perfect condition within a period of fourteen (14) days following the notification to the Seller of the Customer’s decision to withdraw from the Contract.
The Products shall be returned in their original and complete state (packaging, accessories, notices etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Products which are damaged, dirtied or incomplete may not be returned.
The withdrawal right may be exercised online, using the withdrawal form available on the Website, in which case acknowledgment of receipt on a durable medium shall be immediately sent to the Customer by the Seller, or by means of any other declaration in writing, devoid of ambiguity, expressing the Customer’s intention to withdraw from the contract.
You can send it:
I: Per email by writing to: firstname.lastname@example.org or
II: Per mail: Traphic, 85 rue d’Hauteville, 75010 Paris, FRANCE
Where the withdrawal right is exercised within the aforementioned period, only the price of the Product(s) purchased shall be reimbursed: the costs of returning the Product(s) shall be borne by the Customer.
The exchange (subject to availability) or reimbursement shall take place within a period of fourteen (14) days following receipt by the Seller of the Product(s) returned by the Customer under the conditions set out in this article herein.
ARTICLE 9 – Seller’s Liability - Warranties
The Products sold on the Website comply with the laws and regulations in force in France.
The Products supplied by the Seller are automatically covered, without any additional payment, and independently of the right of withdrawal, by the following legal warranties:
- the legal warranty of conformity as provided in Articles L.211-4 onward of the French Consumer Code, in respect of Products which are visibly faulty, defective or damaged or non-compliant with the contract; and
- the legal warranty in respect of hidden defects as provided in Articles 1641 onward of the French Civil Code, resulting from a defect in the materials, design or manufacture of the Products supplied and making such Products unfit for use.
In order to invoke these warranties, the Customer should inform the Seller in writing, of the non-conformity of the Products within a maximum period of two (2) years following supply thereof, or of the existence of any hidden defects within a maximum period of two (2) years following discovery thereof. The Seller shall reimburse or replace the Products or any spare parts under warranty which are non-compliant or defective.
Where the Customer invokes the legal warranty of conformity:
- the Customer does not have to provide proof of the existence of the non-conformity of the Product during a period of six (6) months following supply thereof. This period is increased to twenty-four (24) months with effect from 18 March 2016, except in respect of second-hand goods;
- the Customer may choose between the repair or replacement of the Product, subject to the conditions in relation to cost or where it is impossible to implement the Customer’s preferred option, as set out in Article L.211-9 of the Consumer Code.
The costs of sending the defective or non-compliant Product shall be reimbursed on the basis of the price paid and the costs of return of such items shall be reimbursed on the presentation of receipts.
The Seller shall repair or replace the defective or non-compliant Products as soon as possible following acknowledgment of the non-conformity or hidden defect.
The reimbursement shall be made to the Customer’s bank account or by cheque addressed to the Customer.
The Seller shall not have any liability in case of improper use, professional use, negligence or inadequate maintenance by the Customer, as well as in respect of normal wear and tear of the Product, accidents or force majeure.
In any case, the Seller’s liability is limited to repairing or replacing the Products which are non-compliant or which have a hidden defect.
ARTICLE 10 – Personal Data
When the Customer orders a Product on the Website, personal information concerning him is collected and is processed by the Seller.
The Seller is responsible for processing said personal data and declares that it complies with its obligations in this regard.
ARTICLE 11 – Applicable law - Language
These General Terms and Conditions of Sale herein and any transactions relating thereto are governed by and subject to French law.
These General Terms and Conditions of Sale herein are drawn up in French. In the event that they are translated into any other language, only the French version may be relied upon in the case of any dispute.
ARTICLE 12 – Force Majeure
No one will be liable for the non-performance of its obligations, if and to the extent that this non-performance is due to a case of force majeure, as defined by article 1218 of the Civil Code.
The Party invoking the case of force majeure must notify the other Party without delay, specifying the reasons, the foreseeable consequences and its probable duration.
In the event that the production of the Products or the delivery cannot take place due to the consequences of the Covid-19 pandemic, the Parties agree that the Seller's obligations under the GTC will be suspended by the Seller by any written means. The Parties will consult each other to determine the terms of resumption of the contract.
ARTICLE 13 – Validity of the GTC
If a provision of the GTC is declared invalid or unenforceable, the other provisions of these will remain in force.
Failure to exercise or delay in exercising a right or remedy under these GTC or the law does not constitute a waiver of this right or remedy.
ARTICLE 14 - Disputes
In the event of any dispute, the Customer shall first contact the Seller to try to find an amicable solution.
ANY DISPUTES RELATING TO THE VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, consequences and aftermath of the SALE AND PURCHASE TRANSACTIONS CONCLUDED PURSUANT TO THESE GENERAL TERMS AND CONDITIONS OF sale herein, and which cannot be resolved between the seller and the customer, shall be subject to the jurisdiction of the competent courts as determined by the generally applicable law.
The Customer is informed that he/she may in any case have recourse to an out-of-court mediation procedure, in particular before the consumer mediation body, Commission de la mediation de la consummation (Article L.534-7 of the French Consumer Code), or before existing mediation bodies for particular sectors, or to any alternative method of dispute resolution (for example, conciliation), in the event of a dispute.
The Seller's consumer mediator is as follows:
The Seller and the Customer remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The European platform for online dispute resolution (ORD) is also made available to the Customer to resolve their disputes, at the address https://ec.europa.eu/consumers/odr/main/index.cfm?event = main.home2.show & lng = EN.
In the absence of an amicable agreement, the competent court will be determined in accordance with the applicable legislative provisions.
ANNEX 1 : list of countries to which Traphic delivers]
Germany, Australia, Austria, Belgium, Bulgaria, Canada, Cyprus, South Korea, Croatia, Denmark, Spain, Estonia, United States, France, Finland, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Japan, Malta, Monaco, New Zealand, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, United Kingdom, Sweden, Switzerland.