1. Purpose of the CGVs
The present General Sales Conditions (hereafter CGV-Conditions Générales de Vente) are applicable to sales of equipment products on the website www.smartandgreen.eu (hereafter “the Site”, operated by SMART AND GREEN, to any internet user, registered beforehand as a “member” on the “Site” (hereafter “the Customer”).
By ticking the box “I have read the general sales conditions”, the Customer expressly accepts the present General Sales Conditions (hereafter “CGV”).
Prior to ordering the product, the Customer, shall declare that the acquisition of said product is not directly related to their professional activity, their acquisition being reserved for personal use on their part.
As a consumer, the customer disposes of specific rights, which will be questioned in the scenario where the products acquired in the framework of the online boutique will be, in reality, related to their professional activity.
In addition, the customer shall declare to have the legal right to commit to the present General Sales Conditions.
The present CGV can be revised at any moment and at the sole discretion of SMART AND GREEN. Only the CGV in force on the date of acceptance of the order, can be disputed by the Customer.
2. Availability of products
The products of the online boutique are available immediately, within a lead-time indicated on the Site and on condition of the indications on the product sheet.
3. Product order
The Client can order only from the website www.smartandgreen.eu.
As of the receipt of payment, under the conditions specified in article 4, the Customer shall receive a confirmation by e-mail for their order, indicating the type, the quantity of products as well as the overall price of the order.
To this effect, the user must make the necessary provisions to ensure that the e-mail address indicated during the order functions regularly and that the e-mail thus sent by www.smartandgreen.eu is not blocked by an e-mail filtering system. SMART AND GREEN shall not be held responsible because this e-mail is erased by an “anti-SPAM” type system.
It is recommended that the customer keep the acknowledgement of receipt which serves as proof of their order.
SMART AND GREEN reserves the right to refuse any order from a customer with which there is a dispute regarding payment for an earlier order.
4. Order price
4.1. Product prices
All the prices of the products are displayed on our website in Euros and inclusive of VAT. In case of modification of the VAT rate, the price shall be automatically modified on the date of application of the new rate. The final price of the order includes the price of the product(s) as well as the delivery costs.
While our internet site has been developed with care, it is possible that the prices indicated on our internet sites contain errors. SMART AND GREEN reserves the right not to follow up on an order in case of a manifested error on the price of the product indicated on the website during the order. In this scenario, the Customer shall automatically be reimbursed by bank transfer within 15 days.
4.2 Delivery fees
Delivery fees are due on every order sent. Their exact amount depends on the location to which the order must be sent, as well as the content, the volume and the weight of the products ordered.
The amount of the delivery charges is indicated in the “order shopping basket” and is subject to approval by the Customer, by validating the “shopping basket”.
The Customer can perform a simulation of the global total value of their order on the Site. The amount indicated remains estimative and only the price retained during the order confirmation has a contractual value.
5.1. Means of payment
The payment of the total price is due when the order is placed.
The Customer pays for their order:
> Either by bank card such as proposed on the Site. The Customer shall guarantee SMART AND GREEN that they have the authorisations possibly required for using the mode of payment by card when the order is placed.
> Or by any other payment means indicated on the Site (PayPal, invoicing by telephone operator, etc.)
5.2 Transaction safety
In order to ensure the best security guarantees for payment of on-line purchases in our boutique, excluding Paypal, SMART AND GREEN has chosen HSBCthe Caisse d’Epargne.
Payment security is based on authentication by the storekeeper, confidentiality and the integrity of exchanges.
To provide this type of security, HSBC the Caisse d’Epargne relies on proven cryptographic techniques: all sensitive information is encrypted and only HSBC the Caisse d’Epargnecan process them and provide the link between the Customer's bank and that of SMART AND GREEN.
6. Payment default - Property reservation
Products ordered remain the property of SMART AND GREEN until the Customer makes the final, complete payment of its price.
SMART AND GREEN reserves the right to lay claim to the products ordered in case of payment defaults and in particular by the refusal of a cheque.
In this scenario and upon first request from SMART AND GREEN, the Customer shall undertake to return the unpaid product, incurring all costs.
7. Execution of the order and delivery
7.1 Delivery deadlines
The order shall be executed within the deadlines specified on the Site and upon confirmation of the order sent by SMART AND GREEN.
The deadlines indicated during the confirmation of the order are calculated in terms of working days.
In case of a rupture of stock or unavailability of the product ordered, SMART AND GREEN undertakes to inform the customer as early as possible by e-mail and to specify the lead-time for availability or an equivalent product at the same price. The customer shall then have the choice of waiting for the availability of the product, choosing the product offered as a replacement or requesting reimbursement of their payment which will occur within a maximum of 30 days, by bank transfer or cheque depending on the preference of the Customer.
7.2 Modes of Delivery
The products shall be delivered to the address indicated by the customer on the purchase Order.
Deliveries are made, depending on the case, by the transporter and/or the delivery service the most appropriate for the type of package delivered.
The Customer must then carefully complete the delivery address during the passing of the order and provide a telephone number where they can be contacted during the daytime. The Customer must also fill in as best they can, all the fields in the delivery form.
Neither SMART AND GREEN, nor the transporter retained can be held responsible for an impossibility to deliver because of an inaccuracy in the delivery address.
The delivery to the Customer can be made by a transporter specialised in particular in bulky or heavy packages. In this case, the Customer shall be contacted by the transporter, either by e-mail or directly by telephone in order to arrange a rendezvous for the delivery. During this contact, the Customer must expressly indicate any difficulties of access or of passage which the deliverers could encounter during the delivery (including if they have already been indicated on the order form).
The smallest or least heavy packages could be delivered by a delivery service. The Customer is recommended to provide a delivery address where they are sure that the package can be received during the first delivery (like for example: place of work, friend or family member, concierge, etc.).
7.3 Reservations on the delivery
During the delivery, the Customer must unwrap the product in the presence of the transporter and check that the product delivered corresponds to their order and that it is not damaged before signing the delivery slip.
In case of anomaly or damage, the Customer must refuse the product and write down clearly on the delivery slip, the nature of the reservations. These reservations must be handwritten, dated, detailed and accompanied by a signature on the delivery slip. In case of anomaly (error or damage) discovered after the delivery, the Customer must send their reservations to the transporter, by registered letter with acknowledgement of receipt, with a copy to SMART AND GREEN, within 3 working days as of the delivery and this, in order to provide SMART AND GREEN with recourse with respect to the transporter.
If the Customer fails to follow this procedure, no return of the product shall be accepted.
8 Right of retraction
8.1 Area of application
In compliance with article L.121-20 of the consumer code, the Customer shall have seven clear days as of the delivery of the product, to exercise their right of retraction without having to justify the reasons, nor to pay any penalties, with the exception as the case may be, of the costs of the return. If the deadline arrives on a Saturday, Sunday or Public Holiday, the deadline shall be extended until the next working day at midnight.
This right can only be exercised for “catalogue” products, indeed, in compliance with article L.121-20-2 of the consumer code.
The Customer must indicate to SMART AND GREEN, their desire to exercise their right of retraction within the deadline of 7 days, by sending, as indicated above, a registered letter with acknowledgement of return to SMART AND GREEN, at the address indicated in the legal terms.
Following a request from the Customer, SMART AND GREEN shall send them a return number and shall offer to have the goods taken back by a specialised deliverer, by the payment of the return costs. If the Customer accepts, they shall send the bill corresponding to the costs for the removal of their product by their specialised deliverer. SMART AND GREEN shall only remove the product when the payment is made.
The Customer can also decide to return the product by any usual means, as long as it maintains the integrity of the product.
The product must be in proper working order and be accompanied by its accessories and possible assembly manual.
Once the product is returned under the conditions specified above, the Customer shall be reimbursed for the price of the product within thirty (30) days maximum, following the date of reception by SMART AND GREEN of the order retraction letter.
The products distributed by SMART AND GREEN are covered by a legal warranty of conformity for a one (1) year period. Within this period of time, the Client has the possibility to use their warranty if they notice a defect on their products purchased from SMART AND GREEN. To exert this right, they will have to contact SMART AND GREEN by e-mail via the contact form available on the Site. They must also send their request to SMART AND GREEN by registered letter with acknowledgement of receipt.
In order to be able to treat the request under the legal guarantee of conformity, the fault indicated by the Customer must not be the consequence of:
> normal wear or ageing of the article;
> an accidental event.
If the conditions above are met, SMART AND GREEN undertakes to repair the product within 30 days. If this is not possible, SMART AND GREEN shall offer the Customer to replace their product by an equivalent product or to reimburse them in cash or by a voucher corresponding to the value of the product during the order.
This guarantee does not present an obstacle to the exercise by the Customer of the guarantee for hidden problems, provided in articles 1641 and following of the Civil Code.
10. Force majeure
Other than those usually returned by the jurisprudence of the French Courts and Tribunals, the following are expressly considered as cases of force majeure:
> General or partial strikes, internal or external to the company, blockage of the means of transport or provisioning for any reason whatever, government or legal restrictions, computer breakdowns, telecommunications blockages including networks and, in particular, the Internet.
> In the first instance, the occurrence of a case of force majeure will by rights, suspend the execution of the order.
If beyond a period of three (3) days, the parties note the persistence of the case of force majeure, the order shall be automatically cancelled unless agreed otherwise by both parties.
The computerized registers, kept in the computer system of the website www.smartandgreen.eu, under reasonable conditions of security, shall be considered as proofs of communication, of orders and payments intervening between the parties.
The archival of purchase orders and invoices, is performed on reliable and sustainable media, able to be produced for proof.
Confirmation of the order sent to the Customer by SMART AND GREEN, on paper or electronic support, constitutes proof of the transaction performed for the customer.
12. Dispute and responsibility
The present CGVs are subject to French law, whether for the basic regulations or for the rules of form. In case of dispute, the parties shall seek to resolve their differences in an amicable fashion, by means of reconciliation, mediation, participatory procedure or any alternative means for resolving conflicts
As a reminder, in compliance with article 2238 of the civil code:
“The prescription is suspended as of the day where, after the occurrence of a dispute, the parties agree to take recourse via mediation or conciliation or, failing a written agreement, as of the day of the first meeting for mediation or conciliation.
“The deadline for prescriptions shall begin to run, for a period which cannot be less than six months, as of the date on which, either one or both of the parties, or the mediator or the conciliator, declare that the mediation or the conciliation is terminated. “
13. Severance of clauses
If for any reason, one (or several) of the clauses of the present General Conditions of Sale come to be pronounced as null and void, non-binding, obsolete, illegal or inapplicable because of a law, a regulation or following a final decision by a competent jurisdiction, this modification shall not question the validity, the legality, the applicability of other stipulations of the present General Sales Conditions and shall not exonerate the Customer from the execution of their contractual obligations.
14. Legal notices
The internet site www.smartandgreen.eu is operated by the company SMART AND GREEN, S.A.S with a share capital of 23,000 Euro, registered with the Registry of Commerce and Companies of GRENOBLE, under the number 487 613 705, having its headquarters situated at 11, rue l’Abbé Vincent Espace les Vouillands – 38600 Fontaine.
- +33 (0)4 76 09 69 96
- Fax: +33 (0)126.96.36.199.00
- E-mail: firstname.lastname@example.org
Publication Director: Peter WILDHORN
The site is housed by:
- 1&1 Internet SARL France (Head office: 7, place de la Gare – 57200 SARREGUEMINES)
For any further information, please write to the following address: email@example.com