Terms of Sales

 

Preamble

 

These general conditions of sale apply to all sales concluded on the UL CONTROL website.

 

The website www.ulcontrol.com is a service of:

 

Society UL CONTROL

located at 25 rue de la Verdiere Bat K2 The pomègues, 13090 Aix en Provence, France

Website URL: www.ulcontrol.com

e-mail: contact.ulcontrol@gmail.com

 

The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of the order is worth acceptance of the general conditions of sale.

 

Article 1 - Principles

 

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing They are accessible on the UL CONTROL website and will prevail , if applicable, on any other version or other contradictory document.

The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are posted.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the online selling sector whose companies are headquartered in France.

 

Article 2 - Content

 

These terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the UL CONTROL website.

These conditions apply only to purchases made on the UL CONTROL website and delivered exclusively in mainland France or in Corsica. For all deliveries in the DOM-TOM or abroad, it is advisable to send a message to the following e-mail address: contact.ulcontrol@gmail.com.

 

Article 3 - Precontractual information

 

The buyer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L 221-5 of the code of consumption.

The following information is provided to the buyer in a clear and understandable manner:

 

  • the essential characteristics of the good;

  • the price of the good and / or the method of calculating the price

  • and, if applicable, any additional charges for transportation, delivery or postage and any other charges that may be required

  • in the absence of immediate execution of the contract, the date or the period in which the seller undertakes to deliver the goods, regardless of their price

  • information relating to the identity of the seller, his postal and electronic contact details, and his activities, those relating to legal warranties, the functionalities of the digital content and, where appropriate, its interoperability, the existence and the terms and conditions implementation of guarantees and other contractual conditions.

 

UL CONTROL allows the customer, prior to placing an order, to request additional information on these products via the online contact form on www.ulcontrol.com. UL CONTROL thereby undertakes to provide the customer with any additional information that it may wish to obtain if it does not consider itself sufficiently informed by the description and characteristics of the products sold on the aforementioned site. However, it is the responsibility of the customer to verify that the ordered products correspond to their needs and their destination, the customer will have informed UL CONTROL of any intended use of the goods ordered and will be able to justify the UL CONTROL agreement on the desired characteristics.

 

 

Article 4 - The order

 

The buyer has the opportunity to place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or property ordered.

 

For the order to be validated, the buyer will have to accept, by clicking in the indicated place, these general conditions.

He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.

The sale will be considered final

 

  • after sending the buyer the confirmation of acceptance of the order by the seller by e-mail;

  • and after receipt by the seller of the full price

 

Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.

In some cases, including non-payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved and he can not be held responsible of the impossibility in which it could be to deliver the product.

For any question relating to the follow-up of an order, the buyer must send an email to the seller at the following email address: contact.ulcontrol@gmail.com.

 

Article 5 - Electronic Signature

 

The online supply of the buyer's credit card number and the final validation of the order will be proof of the agreement of the buyer:

 

  • due payment of sums due under the purchase order,

  • signature and express acceptance of all transactions

 

In the event of fraudulent use of the credit card, the buyer is invited, as soon as the use is found, to contact the seller the following email address: contact.ulcontrol@gmail.com.

 

Article 6 - Order Confirmation

 

The seller provides the buyer with confirmation of the acceptance of the order by e-mail.

Article 7 - Proof of the transaction

 

The computerized records kept in the seller's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties.

The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

 

Article 8 - Product Information

 

The products governed by these terms and conditions are those listed on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability could not be incurred.

The photographs of the products are not contractual.

UL CONTROL reserves the right to make any modifications or improvements to its products, at any time, that it deems useful, without this being able to justify on the part of the customer, a refusal of receipt and reserves the right at any time to delete one of the products on its website, this removal can not in any way justify the customer, some damages and interests that are. If a product were to be deleted and if the customer did not wish to choose another identical or similar product, his order would be automatically canceled and the payments made would be refunded.

 

Article 9 - Price

 

The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices are inclusive prices, the company UL CONTROL is not subject to VAT according to article 293 B of the CGI.

If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.

Article 10 - Method of payment

 

This is an order with payment obligation, which means that the placing of the order involves a payment from the buyer.

To pay for his order, the buyer has, at his option, all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from the officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is being administered. .

The payment of the price is made in full on the day of the order, according to the following modalities by card of payment by means of the service of online payment made available on the site www.ulcontrol.com or by transfer.

 

Article 11 - Availability of Products - Reimbursement - Resolution

 

Except in case of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the deadline is 10 days from the day following the day the buyer placed his order, according to the following terms: Colissimo.

At the latest, the deadline will be 30 working days after the conclusion of the contract.

 

For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.

In case of non-compliance with the date or the agreed delivery time, the buyer must, before breaking the contract, order the seller to execute the latter within a reasonable additional period.

Failing execution on the expiry of this new period, the buyer may freely break the contract.

 

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has meanwhile executed.

The buyer can, however, immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is resolved, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated. in no event give rise to payment by UL CONTROL of any damages and interest, penalty for late payment, compensation or costs of any kind.

 

In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 - Terms of delivery

 

Delivery means the transfer to the consumer of physical possession or control of the property. The ordered products are delivered according to the modalities and the deadline specified above.

The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy.

Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer.

 

The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the driver will leave a notice in the mailbox, which will remove the package at the place and during the time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items.

If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged).

 

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).

 

This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier no later than three working days after receipt of the item (s) and send a copy of this letter to the seller to the address indicated in the legal notice of the site.

 

If the products need to be returned to the seller, they must be the subject of a return request from the seller within 7 days of delivery. Any complaint formulated outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).

Article 13 - Delivery Errors

 

The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any complaint made after this time will be rejected The complaint can be made to the email address: contact.ulcontrol@gmail.com.

 

In the event of a complaint from the customer, the latter must provide all the proofs as to the reality of the lack of conformity, deterioration or missing evidence.

 

Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the buyer.

 

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number.

In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, in Colissimo Recommandé, to the address indicated in the legal notice of the site .

Return shipping costs are the responsibility of the seller.

 

Article 14 - Product Warranty

 

14-1 Legal guarantee of conformity

 

The seller is the guarantor of the conformity of the sold property to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the code of consumption.

In case of implementation of the legal guarantee of conformity, it is recalled that:

 

the buyer has a period of 2 years from delivery of the property to act;

 

the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

 

the buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods, following the delivery of the good.

 

14-2 Legal guarantee of hidden defects

 

In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed on the sale of the good and are likely to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The buyer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.

Article 15 - Right of withdrawal

 

Application of the right of withdrawal

 

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item does not suit him and request the exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the invoice.

 

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.

 

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased (s) is refunded.

The costs of delivery and return are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt, by the seller, of products returned by the buyer in the conditions set out above.

 

Exceptions

 

According to article L221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts:

 

  • supply of goods whose price depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;

  • providing goods made to the consumer's specifications or clearly personalized;

  • supply of goods that could deteriorate or expire quickly;

  • supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection;

  • supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles of supply of alcoholic beverages whose delivery is deferred beyond thirty days and the value of which is agreed upon at the conclusion contract depends on market fluctuations beyond the control of the trader;

  • maintenance or repair work to be performed urgently in the consumer's home and expressly requested by him within the limits of spare parts and work strictly necessary to respond to the emergency;

  • providing audio or video recordings or computer software where unsealed by the consumer after delivery;

  • providing a newspaper, periodical or magazine, except for subscription contracts to such publications;

  • for the supply of digital content that is not provided on a physical medium whose performance has begun after the express prior consent of the consumer and expressly waives his right of withdrawal

Article 16 - Force majeure

 

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by the latter, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.

 

Article 17 - Intellectual property

 

All texts, comments, illustrations and images reproduced on the site www.ulcontrol.com are reserved and are the exclusive property of UL CONTROL or its suppliers and are protected by copyright and intellectual property for the World All drawings, models, patents, plans and generally all documents of any kind delivered or sent by UL CONTROL to the customer are the exclusive property of UL CONTROL or its suppliers.

Consequently the elements or documents mentioned above can only be used for strictly private purposes except with the prior written authorization of UL CONTROL. Therefore, they may not be executed or reproduced without the express, prior written consent of UL CONTROL or the claim of any intellectual property right of any kind.

The images presented on this site constitute a representation of the product delivered to the customer. Changes in purchases and manufacturing changes may result in differences between photos and products delivered without the liability of UL CONTROL.

The photographs and illustrations presented on the site have no contractual value.

 

Article 18 - IT and Freedoms

 

The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices.

They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. UL CONTROL undertakes not to communicate to third parties, other than those mentioned above, the information transmitted to it by the customer, as this information is confidential.

 

In accordance with the Data Protection Act of January 6, 1978, the buyer has a permanent right to access, modify, rectify and oppose information concerning him. This right can be exercised through the online contact form on the UL CONTROL website.

Article 19 - Partial non-validation

 

If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.

 

Article 20 Non-renunciation

 

The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions can not be construed for the future as a waiver of the obligation in question.

 

Article 21 - Title

 

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

 

Article 22 - Language of the contract

 

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

 

Article 23 - Mediation

 

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

 

Article 24 - Applicable law

 

These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than or equal to 10,000 euros or the court of first instance for disputes whose amount is greater than 10,000 euros.

This is so for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

 

Data collected:

 

The personal data collected on this site are as follows:

 

  • Customer account creation: his surname, first name, e-mail address, postal address;

  • Payment: as part of the payment of the products and services offered on the website, the financial data relating to the bank account or the credit card of the user.

 

Use of personal data:

 

The personal data collected from the users are intended to provide the services of the website. Specifically, the uses are:

 

  • Purchase of product (s) on the website by the user

  • organization of the conditions of use of the Payment Services;

  • management of any disputes with users;

 

Sharing personal data with third parties:

 

  • Personal data may be shared with third-party companies in the following cases:

  • when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;

  • when the user authorizes the website of a third party to access his data;

  • when the website uses provider services to provide user support, product delivery and payment services. These service providers have limited access to the data of the user, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the regulations applicable to the protection of personal data. staff;

  • if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;

  • if the website is involved in a merger, acquisition, asset transfer or bankruptcy proceeding it may be required to assign or share all or part of its assets, including personal data. In this case, the users would be informed, before the personal data are transferred to a third party

Security and confidentiality

 

The website implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized tampering, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website can not guarantee the security of the transmission or storage of information on the internet.

 

Implementation of user rights

 

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact.ulcontrol@gmail.com.

 

the right of access: they can exercise their right of access, to know the data concerning them. In this case, prior to the implementation of this right, the website may request proof of the identity of the user to verify its accuracy.

 

the right of rectification: if the personal data held by the website are inaccurate, they may request the update of the information.

 

the right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.

 

the right to limit processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided by the RGPD.

 

the right to object to data processing: Users may object to its data being processed in accordance with the assumptions set out in the GDPR.

 

the right to portability: they can claim that the website gives them the personal data provided to them for transmission to a new website.

 

Evolution of this clause

 

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this clause for the protection of personal data, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option to delete his data.