TERMS AND CONDITIONS OF SALE
Between the company hardwarepchub, 31 rue cité saint roch – 34000 Montpellier, with a share capital of 0 $ , registered at Registre du Commerce et des Sociétés de PARIS with SIRET 9810368090011, represented by Sacha Martini , in his capacity as manager, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the contact form available through the homepage of the site. Or directly by using the address 31 rue cité Saint Roch. Hereinafter referred to as the “Seller” or the “Company.”
On the one hand, And the natural or legal person proceeding with the purchase of products or services from the company, Hereinafter referred to as the “Buyer” or the “Client”On the other hand, It has been stated and agreed as follows:
PREAMBLE
The Seller is the publisher of Products and Services for the sale of computeur equipment to consumers, marketed through its websites (https://www.hardwarepchub.com/). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Object
These General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by the Seller.
Article 2: General Provisions
These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services, made through the Company’s websites and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The GTCs applicable then are those being in force on the date of payment (or the first payment in case of multiple payments) of the order. These GTCs are available on the Company’s website at the following address: https://www.hardwarepchub.com/. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Client declares having read all these General Terms and Conditions of Sale, and if applicable, the Special Conditions of Sale related to a product or a service, and accept them without limitation or reservation. The Client acknowledges that he/she has received the advice and information necessary to ensure that the offer meets his/her needs. The Client declares to be able to contract legally under French laws or validly represent the natural or legal person for whom he/she commits. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros, all taxes included (VAT + any other applicable taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated tax-free automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be at the buyer’s expense and are the buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Client. Where applicable, also the delivery costs.
Article 4: Conclusion of the contract online
In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically to be able to place his order:
– Information on the essential characteristics of the Product;
– Choice of the Product, if necessary, of its options;
– Indication of the Client’s essential contact details (identification, email, address…);
– Acceptance of these General Terms and Conditions of Sale;
– Verification of the elements of the order (double click formalities) and, if applicable, correction of errors.
Before proceeding with its confirmation, the Buyer has the possibility to check the details of its order, its price, and to correct any errors, or cancel its order. The confirmation of the order will entail the formation of this contract.
– Then, follow the instructions for payment, payment of products, then delivery of the order.
The Client will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale.
The client will have the possibility during his ordering process to identify any errors made in the data entry and to correct them. The language offered for the conclusion of the contract is French.
The terms of the offer and general conditions of sale are sent by email to the buyer when ordering and archived on the Seller’s website. If applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the “additional rules” section of these GTCs, available on the Seller’s site at the following address: https://www.hardwarepchub.com/
The archiving of communications, the order, the details of the order, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. These informations can be produced as evidence of the contract.
For delivered products, the delivery will be made to the address indicated by the Client. For the successful completion of the order, the Client undertakes to provide his truthful identification details. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and Services
The essential characteristics of goods, services, and their respective prices are made available to the buyer on the company’s websites, as well, where applicable, as the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display, or any other appropriate process, of the prices and special conditions of the sale and execution of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that in effect indicated on the day of the order, which does not include shipping costs charged in addition. These possible costs are indicated to the Buyer during the sales process and in any event at the time of confirmation of the order. The Seller reserves the possibility of modifying its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer attests to having received a detail of the delivery charges as well as the payment, delivery, and execution conditions of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone, and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer’s order within the limits of available Product stocks only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of an agreement with the Customer on a new delivery date, the Seller reimburses the customer. The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offers, as well as their prices, is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted under these are only for the individual signing the order (or the person holding the communicated email address).
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTC comply with the regulations in force relating to the safety and health of individuals, the fairness of commercial transactions, and consumer protection. Regardless of any commercial warranty, the Seller remains liable for conformity defects and hidden defects of the product. In accordance with Article L.217-4, the seller delivers a good in accordance with the contract and is liable for any lack of conformity existing upon delivery. He is also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when it has been charged to him by the contract or has been carried out under his responsibility. In accordance with legal provisions regarding conformity and hidden defects (Art. 1641 of the Civil Code), the Seller refunds or exchanges defective products or products not corresponding to the order. The refund can be requested in the following way: filing a complaint at the address 31 Rue cité Saint Roch – 34000 Montpellier .
Article 7: Retention of Title Clause
The products remain the property of the Company until the complete payment of the price.
Article 8: Delivery Terms
The products are delivered to the delivery address that was indicated during the order and within the timeframes indicated. These timeframes do not take into account the order preparation time. When the Client orders several products at the same time, they may have different delivery times and are delivered according to the following conditions: delivery via one or more parcels. In the event of a shipping delay, a complaint can be filed at the address 31 Rue cité Saint Roch – 34000 Montpellier . In the case of a delivery delay, the Client has the possibility to terminate the contract under the conditions and modalities defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to refund the product and the “to go” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that when the Client takes physical possession of the products, the risks of loss or damage to the products are transferred to them. It is up to the Client to notify the carrier of any reservations about the delivered product.
Article 9: Availability and Presentation
In the event of unavailability of an item for a period longer than 30 working days, you will be immediately informed of the foreseeable delivery times, and the order of this item can be canceled upon simple request. The Client can then request a credit for the amount of the item or its full refund and the cancellation of the order.
Article 10: Payment
Payment is due immediately at the time of the order, including for pre-ordered products. The Client can make the payment by payment card or bank check. Cards issued by banks domiciled outside of France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made through our payment provider. The transmitted information is encrypted according to state-of-the-art standards and cannot be read during transport over the network. Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing banking information during the sale, the Client authorizes the Seller to debit their card for the amount relative to the stated price. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or inability to debit the card, the Sale is immediately resolved by right, and the order is canceled.
Article 11: Withdrawal Period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of their order. The right of withdrawal can be exercised by contacting the Company in the following way: filing a complaint at the address 31 Rue cité Saint Roch – 34000 Montpellier. We inform Clients that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or routing process is underway. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Client. Product returns must be in their original and complete condition (packaging, accessories, manuals…); they must, if possible, be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you can request the standard withdrawal form to send us at the following address: filing a complaint at the address 31 Rue cité Saint Roch – 34000 Montpellier. Refund procedure: the refund process can be carried out after an investigation on the product(s) purchased, more details can be found by filing a complaint at the address 31 Rue cité Saint Roch – 34000 Montpellier. Attention! Models sold as second-hand / refurbished (tested and 100% functional) are not refundable or accepted as returns.
Article 12: Warranties
In accordance with the law, the Seller assumes the following guarantees: conformity and related to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the placed order. The request for reimbursement must be made in the following way: filing a complaint at the address 31 Rue cité Saint Roch – 34000 Montpellier.
The Seller reminds consumers that:
– they have a period of 2 years from the delivery of the goods to act with the Seller,
– they can choose between replacement and repair of the goods subject to the conditions provided for by the aforementioned provisions,
– they are exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods,
– except for used goods, this period will be extended to 24 months from March 18, 2016,
– the consumer can also assert the warranty against hidden defects of the sold item in the sense of article 1641 of the civil code and, in this case, they can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
Article 13: Complaints and Mediation
If necessary, the Buyer can submit any claim by contacting the company using the following contact details: filing a complaint at the address 31 Rue cité Saint Roch – 34000 Montpellier. In accordance with the provisions of articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code. In case of failure of the request for a claim with the Seller’s customer service, or in the absence of a response within a period of two months, the consumer can submit the dispute to a mediator who will attempt, with complete independence, to bring the parties together with the aim of reaching an amicable solution.
Article 14: Termination of the Contract
The order can be terminated by the buyer by registered letter with a request for acknowledgment of receipt in the following cases:
– delivery of a product not conforming to the specifications of the order;
– delivery exceeding the deadline set when ordering or, failing this, within thirty days following the payment;
– unjustified price increase or modification of the product.
In these cases, the buyer may demand the reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is carried out through these GTC. Any total or partial reproduction, modification, or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force Majeure
The execution of the seller’s obligations under the present terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and Modification of the Contract
If any of the stipulations of this contract were to be annulled, this nullity would not lead to the nullity of the other stipulations which will remain in force between the parties. Any contractual change is valid only after a written and signed agreement of the parties.
Article 18: Protection of Personal Data
In compliance with Regulation 2016/679 of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Seller establishes a processing of personal data which has for purpose the sale and delivery of products and services defined in this contract.
The Buyer is informed of the following:
– the identity and contact details of the processing manager and, where applicable, the representative of the processing manager: the Seller, as indicated at the top of these GTC (General Terms and Conditions);
– the contact details of the data protection delegate: …….
– the legal basis of the processing: contractual execution;
– the recipients or categories of recipients of the personal data, if they exist: the processing manager, his marketing departments, the departments responsible for IT security, the department responsible for sales, delivery, and ordering, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question;
– no transfer outside the EU is planned;
– the duration of data storage: the period of commercial prescription;
– the data subject has the right to request from the processing manager access to personal data, the rectification or deletion of these, or a limitation of the processing related to the data subject, or the right to oppose the processing and the right to data portability;
– The data subject has the right to lodge a complaint with a supervisory authority;
– the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.
Article 19: Applicable Law and Clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law. The nullity of a contractual clause does not lead to the nullity of these general terms and conditions of sale.
Article 20: Consumer Information
For the purpose of informing consumers, the provisions of the civil code and the consumer code are reproduced below:
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the thing sold that render it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be released from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code:
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when this was charged to him by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code:
The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller, and accepted by the latter.
Article L. 217-12 of the Consumer Code:
The action resulting from a lack of conformity lapses two years after delivery of the goods.
Article L. 217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial warranty granted to him during the acquisition or repair of movable property, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer’s request for intervention or the provision for repair of the good in question if this provision is subsequent to the request for intervention.
