This CoinCaillerie site www.lacoincaillerie.co is published by:
The company HERMES DÉPÔT, SAS, with a capital of 1,500 euros, whose head office is located at 108 Chemin Sainte Hélène, La Cité Artisanale, 06560 VALBONNE SOPHIA-ANTIPOLIS FRANCE and registered with the RCS of GRASSE under the number 811560077.
Website address: www.lacoincaillerie.co
Intra-community VAT number: FR31811560077
GENERAL CONDITIONS OF SALE - (CGV)
On this site, hypertext links can refer to other websites than the present.
CoinCaillerie.com disclaims all liability in the event that the content of these websites contravenes the legal and regulatory provisions in force.
Furthermore, CoinCaillerie.com recalls that any creation of a hypertext link to the home page of this site or any other page of the site is subject to the express, prior and written agreement of CoinCaillerie.com.
Finally, it is specified that the consumer can save or print these general conditions of sale, provided however not to modify them.
1. Information on the Seller
This CoinCaillerie site is edited by:
The company HERMES DEPOT, SAS, with a capital of 1,500 euros, whose head office is located at 108 Chemin Sainte Hélène, La Cité Artisanale, 06560 VALBONNE SOPHIA-ANTIPOLIS FRANCE and registered with the RCS of GRASSE under the number 811560077.
Intra-community VAT number: FR31811560077
2. General provisions relating to these general conditions of sale (hereinafter, the GTC)
2.1 / Purpose of the GTC
The CGV are applicable exclusively to the online sale of CoinCaillerie products on the site
2.2 / Scope of the GTC
The CGV exclusively govern the online sales contracts of CoinCaillerie products, hereinafter "the professional seller" to buyers having the quality of consumers below, the "Consumers" and constitute with the order form the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.
These general conditions of sale apply, without restriction or reservation, to all sales of the products offered on the website "www.CoinCaillerie.com"
Consequently, the fact for any person to order a product offered for sale on the website implies full acceptance of these GTCS of which the consumer acknowledges having read before ordering.
In addition, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented within the framework of the shop. of the website.
These general conditions express the entire obligations of the parties. In this sense, the consumer is deemed to accept without reservation all of the provisions of these general conditions. No general or specific condition appearing in the documents sent or delivered by the consumer can be incorporated herein, since these documents would be incompatible with these CGV.
The GTC are exclusively applicable to products delivered to consumers established in France and in a member country of the European Union.
The CGV are written as well as all the contractual information mentioned on the site in French.
The Consumer prior to his order, declares to have full legal capacity, allowing him to engage under these Terms.
2.3 / Availability and enforceability of the GTC
The GTCs are made available to consumers on the seller's site where they can be directly consulted and can also be communicated to them on request by telephone, email or post.
The GTC are enforceable against the consumer who recognizes, by checking a box provided for this purpose, to have read and accepted them before placing an order.
The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force at the day of the order whose conservation and reproduction are ensured by the professional salesman in accordance with article 1369-4 of the Civil code.
2.4 / Modification of the GTC
The professional seller reserves the right to modify its GTC at any time.
In the event of a modification of the GTC, the applicable GTC are those in force on the date of the order, a copy dated to date can be given to the consumer at his request.
2.5 / GTC clauses
The nullity of a contractual clause does not result in the nullity of the GTC unless it is an impulsive and decisive clause which led one of the parties to conclude the sale contract.
The temporary or permanent application of one or more clauses of the GTC by the professional seller cannot be considered as a waiver on his part of the other clauses of the GTC which continue to have effect.
3.1 / Characteristics
The products offered for sale presented in the catalog published on the site are each the subject of a description mentioning their essential characteristics within the meaning of article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
3.2 / Instructions for use
The mode of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest at its delivery.
3.3 / Compliance
The products comply with the requirements of French law in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
3.4 / Choice of products
The consumer having read the products marketed by CoinCaillerie, and their characteristics, has under his sole responsibility and according to his needs as they have previously determined before any order, made his choice on the product or products making the object of his order.
In addition, the consumer knowing only the materials, configurations and others, which he uses, is the sole judge of the compatibility of the products ordered with those used by him. It is exclusively up to the consumer, if he does not consider himself competent enough, to be assisted by counsel.
4.1 / Sale price
The sale prices, in accordance with article L. 113-13 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page.
All orders are payable in euros.
The selling price of the product is that in force on the day of the order.
In the event of price promotion, the professional seller undertakes to apply the promotional price to any order placed during the promotion period.
4.2 / Anti-fraud control:
In order to optimize the security of transactions and prevent fraud, it is possible that depending on the elements communicated (telephone, email, address, etc.) and the amount of the transaction that the professional seller can ask the consumer to send him by email or postal mail proof of address and identity in order to validate his identity and domiciliation.
If the requested elements were not transmitted within five days or if they did not make it possible to ascertain the identity and domiciliation of the consumer, the professional seller would be obliged to cancel the order.
As part of the fight against fraud on the Internet, information relating to the consumer's order may be transmitted by CoinCaillerie to any third party authorized for verification.
4.3 / Modification
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
5.1 / Domain
The online sales offers presented on the site are reserved for consumers residing in France and / or in a member country of the European Union and for deliveries in these same geographic areas.
5.2 / Duration
The online sales offers presented on the site are valid, in the absence of any specific duration, as long as the products appear in the electronic catalog and while stocks last.
5.3 / Acceptance
The acceptance of the offer by the consumer is validated, in accordance with the double-click process, by the confirmation of the order.
6.1 / Contract conclusion stages
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to delivery and method of payment.
Before clicking on the "Confirm order" button, the consumer has the possibility of checking the details of their order and their total price and returning to the previous pages to correct any errors or possibly modify their order.
The confirmation of the order implies acceptance of the GTC and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
6.2 / Order modification
Any modification of an order by the consumer after confirmation of his order is subject to the acceptance of the professional seller.
The professional seller reserves the right to make changes to the product ordered which are linked to technical developments under the conditions provided for in article R. 132-2-1, V of the Consumer Code.
6.3 / Validation of the order
The professional 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 having the quality of consumers.
6.4 / unavailability of products ordered
If the products ordered are unavailable for delivery, the professional seller immediately informs the consumer and can offer him a product of equivalent quality and price.
In the event of disagreement, the consumer is reimbursed at the latest within thirty days of payment of the sums paid.
7.1 / Conclusion
The sales contract is formed when the consumer sends the confirmation of his order.
7.2 / Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code.
These communications, purchase orders and invoices can be produced as proof of the contract.
7.3 / Withdrawal
From the receipt of the products, the consumer has a withdrawal period of fourteen clear days to return the delivered products without having to justify themselves, or pay a penalty, to the following address: HERMES DEPOT SAS - 108 Chemin Sainte Hélène - La Cité Artisanale - 06560 VALBONNE SOPHIA-ANTIPOLIS - FRANCE.
Return costs are the responsibility of the consumer.
The right of withdrawal can also be exercised as soon as the order is placed before the delivery of the products ordered.
To return the products, the consumer must first send an email to the professional seller specifying the number of the canceled order in order to obtain a return number.
The professional seller undertakes to reimburse the consumer no later than fourteen days following the date on which the right of withdrawal has been exercised, provided that the products returned are in their original packaging, complete, in perfect condition state and accompanied by the original of the purchase invoice.
The return of products under the responsibility of the consumer, it is up to him to make the return in follow-up and recommended with declaration of the value of the product.
7.5 / Retention of title
The professional seller retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.
7.6 / Resolution
The contract can be canceled by the consumer in the event of:
• delivery of a product that does not comply with the declared characteristics of the product;
• delivery exceeding the deadline set in the order form for products whose value is greater than 500 euros under the conditions provided for in article 9.1. of the CGV;
• an increase in the price not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the consumer can demand the reimbursement of the deposit paid on the order, plus interest at the legal rate from the date of receipt of the deposit.
The contract can be canceled by the professional seller in the event of:
• refusal of the consumer to take delivery;
• non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid on the order remains with the professional seller as compensation.
8.1 / Payment terms
The price is due in full after confirmation of the order.
In case of payment of the balance on delivery, the sums paid with the order are considered as a deposit. (Article L. 114-1, paragraph 4 of the Consumer Code).
Excluding the sums paid which are reimbursed in the event of the unavailability of the product ordered under the conditions provided for in article 6-4 of the GTC, any sum paid in advance of the price produces interest at the legal rate at expiration of a period of three months from payment until delivery of the product or, failing this, the return of the amount paid for the order (Article L. 131-1 of the Consumer Code).
Payment is made immediately upon order by bank card, or any other means offered on the site
8.2 / Payment security
The site has an online payment security system allowing the consumer to encrypt the transmission of his bank data.
he will have to transmit his bank card number, according to the type of the latter,
the expiry date of the latter as well as the cryptogram number (3-digit number appearing on the back of the bank card).
It is specified that by choosing an immediate payment by bank card, as provided for in the paragraph above,
the Consumer will then be automatically switched to the electronic payment server.
The bank's server is secured by SSL (Secure Socket Layer) encryption so as to protect
as efficiently as possible all the data linked to the means of payment, and that at no time the consumer's bank data will pass through the computer system of CoinCaillerie.com. Its responsibility is therefore released.
In the event that the consumer decides to use one of the means mentioned above, the order will only be validated after receipt of the order by CoinCaillerie.com and validity of the payment.
In any event, CoinCaillerie.com reserves the right to refuse any order or any delivery in the event;
existing litigation with the consumer, total or partial non-payment of a previous order by the consumer,
refusal to authorize payment by banking organizations,
non-payment or partial payment, use of a Bank Card not issued by a French financial institution. CoinCaillerie.com cannot in any case be held liable.
8.3 / Late payment
Any amount not paid at maturity is productive, without formal notice, of interest at the legal rate.
8.4 / Default of payment
The professional seller reserves the right, in the absence of payment of the price by the fixed deadline, to demand payment, to suspend delivery or to terminate the contract ipso jure and to retain, as compensation , the deposit paid on the order.
9.1 / Delivery time
The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 15 days after receipt of the order.
9.2 / Late delivery
The delay in delivery exceeding seven days and not due to a case of force majeure may result in the resolution of the sale by the consumer who, within sixty working days from the date of delivery indicated, will renounce his order by letter recommended with request for acknowledgment of receipt, will return the products if they have been delivered and will receive from the seller within thirty days at the latest a refund of their payment, excluding any compensation.
In any event, the Products will be routed by the usual postal services.
CoinCaillerie.com therefore declines all responsibility in the event of excessively long delivery times due to postal services or means of transport,
as well as in the event of loss of the Products ordered or a strike. The risks of transport are borne by the consumer,
who must formulate a reasoned protest with the postal services, within three working days from delivery.
In addition, it is specified that the ownership of the Products ordered will not be transferred to the Purchaser until full payment of the invoice price, including delivery costs.
9.3 / Delivery terms
The products are delivered to the address indicated by the consumer on the order form.
Any claim for a delivery error must be made by the consumer to the professional seller on the same day of delivery or the first working day following delivery at the latest.
Delivery is made by post, or any other similar service
Upon delivery, a delivery slip must be signed by the consumer, who must check the product's conformity and packaging condition upon receipt.
In the event of deterioration or partial loss of the product, the consumer must imperatively formulate upon receipt of reservations on the delivery slip, a duplicate of which is sent to the professional seller and, within three days of receipt, notify these reservations to the carrier by registered letter with acknowledgment of receipt request in accordance with Article L. 133-3 of the French Commercial Code.
9.4 / Product conformity
If the product does not comply with the order, the consumer must send a complaint to the professional seller with a view to obtaining the replacement of the product or possibly the resolution of the sale.
9.5 / unavailability of products
In the event that the products are not available upon delivery, the professional seller may offer, under the conditions provided for in article 6-4 of the GTC, an equivalent product in terms of quality and price.
9.6 / Failure to deliver
The total failure to deliver automatically results in the termination of the sales contract.
10.1 / Legal guarantees
All items offered by are subject to the legal warranty provided for in articles 1641 and following of the Civil Code.
The customer has a period of 3 days from receipt of the articles to form any reservations or complaints for non-conformity or apparent defect of the articles delivered, by e-mail or by registered mail with acknowledgment of receipt to the following address : Hermes Dépot - 108 Ch Ste Hélène, 06560 Valbonne.
After this period and failing to comply with this formality, the articles will be deemed to be in conformity and free from any apparent defect and no claim may be validly accepted by www.CoinCaillerie.com.
If the apparent defect or lack of conformity of the article is proven, undertakes to replace the article or reimburse the customer as soon as possible and at his expense.
This reimbursement will take place within a maximum of 30 days. cannot be held responsible for the improper use and / or intensive use of items that the customer may make of it.
10.2 / Warranty clauses
The clauses exempting or limiting the rights granted to consumers under legal guarantees, which are deemed unwritten when they are concluded before any claim on their part, are valid when they are concluded after claim under Article L. 211-17 of the Consumer Code.
10.3 / Law applicable to guarantees
The French law applicable to the contract under article 16 of the GTCS cannot have the effect of depriving consumers residing in another Member State of the provisions on guarantees granted to them by their national law in application of Directive No. 99/44 / CE of May 25, 1999 concerning the sale and guarantees of consumer goods.
11.1 / Disclaimer
The professional seller cannot be held liable in the event of non-performance or poor performance of the contract due, either to the fact of the buyer, or to the insurmountable and unpredictable fact of a third party to the contract, or to force majeure.
The professional seller cannot be held liable for non-compliance of the product with the legislation of the consumer's country, to which it is up to check whether the product is not prohibited for sale in his country.
The professional seller cannot be held responsible for any indirect damage that may arise from the purchase of the products.
The professional seller cannot be held responsible for any loss of data or files. It is up to the consumer to make all the necessary backups.
The total or partial impossibility of using the products, notably due to an incompatibility of material cannot engage the responsibility of the professional seller or give rise to any compensation or reimbursement.
The professional seller's site also contains information from third parties, and links to other websites. The professional seller cannot in any case be held liable for damage resulting from the use of, access to, or the inability to use this third-party information, or the content of other websites.
In any case, the professional seller cannot be held responsible for any consequences linked to improper installation, improper use, a maintenance period, a repair period or poor maintenance of the equipment sold, even when this equipment has benefited from the "configuration" option.
The consumer is well aware of the fact that a properly installed and maintained security system can only pretend for other purposes than to limit the risks of burglary, theft, fire or any other event likely to occur in absence of alarm and that it does not constitute any insurance or guarantee against the occurrence of such an event, nor against that of a death, bodily injury or loss of property which would result therefrom.
Consequently, the professional seller cannot in any case be held responsible for death, bodily and / or personal injury and / or loss of property or any loss that may result directly, indirectly, accidentally or consecutively due to a product malfunction.
The consumer must respect the installation and use instructions indicated. Above all, he must test the product and the system as a whole at least once a week. It is possible that, for various reasons including, but not limited to changes in environmental conditions of use, electrical (electrical and telephone networks) or electronic disturbances and modifications, the product does not operate in the manner expected. It is therefore strongly recommended that consumers and users take all the necessary precautions to ensure their safety and the protection of their property.
By accepting these GTC, the consumer acknowledges having freely determined, under his sole responsibility, depending on the level of security sought, the budget he has and the coverage of his risk, the equipment he wishes to acquire and installed by his care.
When the consumer entrusts the configuration of his equipment to CoinCaillerie, he acknowledges having selected and communicated under his own responsibility the information necessary for this configuration.
11.2 / Product safety defect
In the event of damage caused by a product security defect, the consumer must seek the responsibility of the manufacturer, identifiable from the information mentioned on the product packaging.
11.3 / Criminal clause
In all cases of non-fulfillment of his obligations by the consumer, the deposit paid on the order remains with the professional seller as compensation.
12. Cancellation clause
The resolution of the order in the cases provided for in these GTCS will be pronounced by simple registered letter with request for acknowledgment of receipt and will be automatically acquired without legal formality.
13. Intellectual property
The elements reproduced on this site are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, exposes offenders to legal proceedings.
14. Personal data - Confidentiality
The collection of personal data, their use for the processing of orders and the constitution of customer files and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.
The processing of personal data, which is kept by the publisher for the sole purpose of proper administration of orders and commercial relations, is the subject of a declaration to the National Data Protection Commission.
In accordance with the Data Protection Act n ° 78-17 of January 6, 1978, the consumer has at any time the right to access, modify, rectify and delete personal data concerning him from the professional seller.
The consumer retains the possibility of refusing cookies by configuring his Internet browser. He then loses the possibility of personalizing the service delivered to him by CoinCaillerie.com via the site.
15.1. Web Beacons
Certain web pages of the Site may sometimes contain electronic images or "web beacons", which allow the number of visitors to the page to be counted.
These web beacons can be used with some of our partners, in particular to measure and improve the effectiveness of certain advertisements.
In any event, the information obtained via these tags is strictly anonymous and simply makes it possible to collect statistics on the use of certain pages of the site in order to better serve the consumers of our site.
16. Settlement of disputes
16.1 / Complaint
All complaints must be addressed to the customer service: HERMES DEPOT SAS - CoinCaillerie - 108 Chemin Sainte Hélène - La Cité Artisanale 06560 VALBONNE SOPHIA-ANTIPOLIS - FRANCE.
16.2 / Mediation
In the event of failure of the request for complaint to the consumer service or in the absence of response from this service within two months, the parties agree to use mediation to try to find an amicable solution to their dispute and to take legal action only if mediation fails.
For the amicable resolution of cross-border disputes, the European Commission has published a European complaint form for consumers available on the site of the European consumer centers EEJ-NET.
When a dispute is brought to the attention of a European Consumer Center, this body shall forward it to the European Consumer Center in the State of establishment of the professional handling the file.
The procedure ends with an amicable settlement of a mediator or other competent authority.
16.3 / Territorial jurisdiction
For any dispute relating to the order form and these GTC, the competent court will be that of the defendant's place of residence or that of the place of actual delivery of the product.
17. Applicable law
This contract and the CGV governing it are subject to French law.