TERMS AND CONDITIONS OF SALE
Effective as of 04/2021
ARTICLE 1- Scope
These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional or professional purchasers (hereinafter referred to as “Customers” or “Client”), wishing to acquire the products offered for sale (“the Products”) by the Vendor on the website www.sicanucleaire.fr.
The tangible products offered for sale on the site are board games.
The immaterial Products proposed to my sale on the site are:
– E-learning modules.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.sicanucleaire.fr which the customer is held to take note before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to stock availability, as specified when the order is placed.
These GTC are accessible at any time on the site www.sicanucleaire.fr and will prevail over any other document.
The Customer declares to have taken knowledge of the present GCS and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the site www.sicanucleaire.fr.
Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The coordinates of the Seller are as follows:
The website www.sicanucleaire.fr founded in 2009 is edited by SICA Nucléaire
4 Chemin de la Chêneraie
13710 FUVEAU – FRANCE
Tél. +33 (0)4 42 68 09 65
Tél. +33 (0)9 64 39 49 55
EURL avec un capital de 100 000 €.
RCS Aix-en-Provence 514 757 822
SIRET : 514 757 822 00028
APE : Analyses, essais et contrôles techniques (7120B)
TVA Intracommunautaire : FR13514757822
ARTICLE 2 – PRICE
The products are provided at the current rates listed on the site www.sicanucleaire.fr, during the registration of the order by the Seller.
The prices are expressed in Euros, exclusive of tax, and inclusive of all taxes.
The prices take into account possible reductions which would be granted by the Salesman on the site www.sicanucleaire.fr
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the site www.sicanucleaire.fr the Products he wishes to order, according to the following modalities:
To place an order for products on the SICA Nucléaire e-shop, you must :
– Browse the website www.sicanucleaire.fr/e-boutique/,
– add to your shopping cart, the Product(s) of your choice, (Product that he/she will be able to delete or modify before validating his/her order and accepting the present general sales conditions).
– He will then enter his details or log in to his space,
– will choose the mode of delivery and to accept the present general conditions of sale.
– After validation of the information, the order will be considered final and will require payment by credit card, and where to have the Products delivered.
– You will have the opportunity to review your order before submitting it.
– Once you have placed your order, we will provide you with an order number by email.
The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error.
Any order placed on the site www.sicanucleaire.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the site.
ARTICLE 4 – PAYMENT TERMS
The price is paid by secure payment, according to the following methods :
- Payment by credit card
- Payment by bank transfer
The price is payable in cash by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider involved in the banking transactions carried out on the www.sicanucleaire.fr website.
The payments made by the Customer will be considered as final only after the effective collection by the Seller of the sums due.
The Seller shall not be bound to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 – SHIPPING
a) Physical Products
The Products ordered by the Customer will be delivered in Metropolitan France
Deliveries are made within 2 to 5 working days to the address indicated by the Customer when ordering on the site.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases, or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the ordered Products were not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L216-3 and L241-4 of the Code of the Consumption. The sums paid by the Customer will be restored to him at the latest in the 14 days which follow the date of denunciation of the contract, with the exclusion of any compensation or withholding.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 5 working days from the date of delivery to make claims by mail or e-mail, accompanied by all related documents (notably photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration will only take place when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
b) Virtual Products
The Seller undertakes within 2 working days to send the Customer the login and password for any order of e-learning module.
The Seller undertakes within 5 working days to send the Customer the training agreement and its annexes for any training order.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 – RIGHT OF CANCELLATION
The right of withdrawal can be exercised online, using the withdrawal form also available on the site or any other statement, unambiguous, expressing the desire to withdraw or by mail addressed to the Seller or by email (indicated to l’ARTICLE 1 of GTCS).
SPECIAL CASE FOR PHYSICAL PRODUCTS
According to the terms of the article L221-18 of the French Consumer Code « Pour les contrats prévoyant la livraison régulière de biens pendant une période définie, le délai court à compter de la réception du premier bien. »
The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The return costs will be charged to the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided in this article.
ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES
The physical Products supplied by the Seller benefit from :
- The legal guarantee of conformity for defective, damaged or damaged products that do not correspond to the order,
- The legal guarantee against hidden defects arising from a material defect in design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to the legal guarantees of a material Product
Article L217-4 du Code de la consommation : « Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. »
Article L217-5 du Code de la consommation : « Le bien est conforme au contrat
1· S’il est propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :
- S’il correspond à la description donnée par le Vendeur et possède les qualités que celui-ci a présentées à l’acheteur sous forme d’échantillon ou de modèle ;
- S’il présente les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ;
2· Ou s’il présente les caractéristiques définies d’un commun accord par les parties ou est propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté. »
Article L217-12 du Code de la consommation : « L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. »
Article 1641 du Code civil : « Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage, que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus. »
Article 1648 alinéa 1er du Code civil : « L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice. »
Article L217-16 du Code de la consommation : « Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si celle mise à disposition est postérieure à la demande d’intervention. »
In order to assert its rights, the Customer shall inform the Seller, in writing (letter or e-mail), of the non-conformity of the material Products or of the existence of hidden defects as of their discovery.
Seller shall refund, replace or repair the material Products or parts under warranty found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements or repairs of material Products judged to be non-conforming or defective shall be made as soon as possible and at the latest within 15 days of the finding by the Seller of the non-conformity or hidden defect. This reimbursement may be made by bank transfer or check.
The responsibility of the Salesman could not be committed in the following cases :
- Non-respect of the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- In case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data that are collected on the site www.sicanucleaire.fr are :
- When ordering Products by the Customer :
Full name, mailing address, telephone number and e-mail address.
- Payment :
Within the framework of the payment of the Products proposed on the site www.sicanucleaire.fr, this one records financial data relating to the bank account or the credit card of the Customer.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data Controller
he Seller is responsible for the processing of data, in accordance with the GDPR 2016/679 on the protection of personal data (see politique de confidentialité).
9.4 Limitation of processing
Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.
9.5 Time of data retention
The Seller shall keep the data thus collected for a period of 10 years, covering the period of limitation of the applicable contractual civil liability.
9.6 Security and privacy
Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Client Rights
In application of the rules applicable to personal data, the customers of the site www.sicanucleaire.fr have the following rights:
- They can update or delete their data in the following ways:
By logging into your account, on the “Account Details” tab, or through an email request or via the contact form.
- They can delete their account by writing to the address indicated in article 9.3 “Data controller”.
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 “Data Controller”
- They may also request the portability of data held by the Seller to another service provider
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they are not opposed to the purpose of the treatment, can be exercised by sending a request by mail or email to the DPO whose coordinates are indicated in our politique de confidentialité
The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer’s request, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – PROPRIÉTÉ INTELLECTUELLE
Le contenu du site www.sicanucleaire.fr est la propriété du Vendeur et ses partenaires et est protégé par les lois françaises et internationales relatives à la propriété intellectuelle.
Toute reproduction totale ou partielle de ce contenu est strictement interdite et est susceptible de constituer un délit de contrefaçon.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
The present GTCS and the operations which result from it are governed and subjected to the French law.
The present GTCS are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 – DISPUTE
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
The Customer is also informed that he can also resort to the Online Dispute Resolution platform (ODR) : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All the litigations to which the operations of purchase and sale concluded in application of the present GTCS and which would not have been the subject of a friendly settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.sicanucleaire.fr except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable GTCS.
To the attention of EURL SICA NUCLEAIRE
4 Chemin de la Chêneraie, 13710 FUVEAU
I hereby give notice of withdrawal from the contract for the following item :
- Order from (indicate date)
- Order number : ……………………………………………………………………….
- Customer’s name: …………………………………………………………………………
- Customer’s address …………………………………………………………………………