GENERAL CONDITIONS OF SALE – CONSUMERS
ARTICLE 1 – Designation of the Vendor
QWARTSociété par actions simplifiée, with a share capital of 103,670 Euros, registered in the CASTRES Trade and Companies Register under number 803 089 614, whose registered office is located at 8 chemin des Mignonades 81710 SAIX, represented by its legal representative domiciled in this capacity at the said office, www.qwartlab.com, contact@qwartlab.com.
ARTICLE 2 –
Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by QWART (“the Seller”) to consumers and non-professional buyers (“the Customers or the Customer”) (also referred to individually as “a Party” and collectively as “the Parties”) wishing to purchase the products offered for sale by the Seller (“the Products”) on the www.qwartlab.com website.
They specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, stated on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are systematically communicated to all Customers prior to placing an order and will prevail, if necessary, over any other version or any other contradictory document.
They can be accessed at any time on the www.qwartlab.com website.
The Customer declares to have read the present General Terms and Conditions of Sale and to have accepted them before placing his order. The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.
Modifications to these General Terms and Conditions of Sale apply to users of the www.qwartlab.com website from the date they are posted online, and cannot be applied to transactions concluded previously.
ARTICLE 3 – Products offered for sale
The Products offered for sale on the www.qwartlab.com website are: motorcycle helmets and helmet accessories, motorcycle masks.
The main characteristics of the Products, including all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.qwartlab.com website in the product sheets.
The Customer is required to read them before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the www.qwartlab.com website are not contractual and do not engage the responsibility of the Seller.
The Customer shall refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and proving his identity, to the address of the Vendor, mentioned above.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the www.qwartlab.com website.
ARTICLE 4 – Orders
4-1 . Placing the order
It is the customer’s responsibility to select the Products he/she wishes to order on the www.qwartlab.com website. To this end, he/she must fill in the customer form with all the details and identification information requested, including his/her customer number where applicable. He must fill out the online order form specifying the references of the product chosen.
The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance. It is the customer’s responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The registration of an order on the www.qwartlab.com website is completed when the customer accepts the present General Terms and Conditions of Sale by ticking the appropriate box and validates the order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale as well as the general terms and conditions of use of the www.qwartlab.com website.
The sale is final only after the confirmation of the acceptance of the order by the Vendor is sent to the Customer by e-mail, which must be sent without delay, and after the Vendor has collected the full price.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the www.qwartlab.com website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
Otherwise, the order will not be accepted by QWART and it will not exist.
4-2 . Modification of the order
The commands are not modifiable.
4-3 . Cancellation of the order
QWART reserves the right to cancel or refuse an order, even if it has been previously accepted in the following cases, without this in any way engaging the responsibility of QWART:
– In the event that it is impossible to deliver the order to the address indicated
– The bank details provided by the Customer are incorrect, unverifiable
– If it appears that the buyer is under 18 years of age.
ARTICLE 5 – Rates
Products are supplied at the current prices shown on the www.qwartlab.com website, at the time the order is registered by the Vendor. The prices are expressed in Euros, HT and TTC.
Prices take into account any discounts granted by the Seller on the www.qwartlab.com website.
These prices are firm and non-revisable during their period of validity, as indicated on the website www.qwartlab.com, the Vendor reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the www.qwartlab.com website and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional costs of processing, shipping, transportation and delivery, as calculated prior to the validation of the order by the Customer, shall be fully charged to the Customer.
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 6 – Terms of payment
Acceptance of the order by QWART is subject to prior payment, according to the terms described in Article
ARTICLE 7 – Delivery of the ordered Products and delivery costs:
Delivery costs €6 incl. VAT and are free for orders over €100.
Delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.
In accordance with the provisions of the article L 216-4 of the Code of the consumption, the delivery of the Products is accompanied by the handing-over of the note of use, the instructions of installation.
Products ordered by the Customer will be delivered in mainland France (and in the following countries “ONLY IN EUROPE“) within 21 days of the order being placed at the address indicated by the Customer when placing the order on the www.qwartlab.com website.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
However, these deadlines are given as an indication.
If the Products ordered have not been delivered within 21 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the Customer may notify the Seller, under the conditions provided for in the article L 216-6 of the Code of the consumption,
– or the suspension of the payment of all or part of the price until the Seller performs, under the conditions provided for in Articles 1219 and 1220 of the Civil Code (exception of non-performance),
– or the resolution of the sale, after having put the Seller on notice to perform within a reasonable additional time not respected by the Seller.
Cancellation may be immediate if the Seller refuses to perform or if it is obvious that he will not be able to deliver the Products or if the delivery time not respected was, for the Customer, an essential condition of the sale.
In case of cancellation of the sale, the sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, excluding any compensation or deduction
The Seller shall bear the risks of transport and shall be obliged to reimburse the Customer in case of damage caused during transport.
Deliveries will be made by an independent carrier.
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 acceptance by the Customer.
The Customer is required to check the condition of the products delivered. Upon receipt of the goods, the client shall notify the carrier in writing (by mail, e-mail or fax) of any reservations or claims regarding non-compliance, defects or obvious faults in the goods delivered (e.g. damaged and opened packages, etc.), as well as any failure to provide instructions for use or installation, with supporting documents (notably photos). After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free of any apparent defect.
It is reminded that the absence of reservations formulated by the Customer at the time of delivery of the Products does not exonerate the Seller from the guarantee of conformity, as described below.
Deliveries to all non EU countries are subject to additional customs, duties and taxes.Qwart will not refund any returns of goods due to non payment of these taxes.For further détails in this matter, please contact your local customs authorities.
Delivery charges are €40 for all international deliveries.
ARTICLE 8 – Transfer of ownership – Transfer of risks
The transfer of ownership will take place upon acceptance of the order which assumes full payment of the price.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, which therefore travel at the risk of the Vendor, except when the Customer uses a carrier chosen by the Customer, independent of the Vendor, in which case the transfer of risks takes place when the Products ordered by the Vendor are handed over to the carrier chosen by the Customer.
ARTICLE 9 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the receipt of the Products to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within a maximum of fourteen days following the notification to the Seller of the Customer’s decision to withdraw.
The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website www.qwartlab.com, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the return costs will be borne by the Customer.
The refund will be made within 14 days at the latest from the notification to the Seller of the decision to withdraw.
Qwart does not recognize any right of withdrawal for the Products that the Customer has requested to personalize (for example products with custom colors and monograms) via the XYZ functionality.
ARTICLE 10 – Seller’s liability – Warranty
The Products sold on the www.qwartlab.com website comply with the regulations in force in France and their performance is compatible with non-professional use.
The Products supplied by the Vendor shall benefit from the right of withdrawal by operation of law and without additional payment, in accordance with the legal provisions,
– the legal guarantee of conformity, for apparently defective, damaged or damaged Products or Products that do not correspond to the order,
– the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
10-1 . Legal guarantee of conformity
The Seller undertakes to deliver a good in conformity with the contractual description as well as with the criteria set out in Article L217-5 of the Consumer Code
The Buyer is liable for any lack of conformity existing at the time of delivery of the Products and which appears within two years from the date of delivery.
This warranty period applies without prejudice to Articles 2224et seq. of the Civil Code, the limitation period starting to run on the day the Customer becomes aware of the lack of conformity.
Defects of conformity which appear within twenty-four months or twelve months if it is a second-hand good as from the delivery of the Products, are, unless proven otherwise, presumed to exist at the time of delivery.
In the event of a lack of conformity, the Customer may demand that the delivered Products be repaired or replaced or, failing that, that the price be reduced or that the sale be terminated, in accordance with the law.
He may also suspend the payment of all or part of the price or the remittance of the benefit provided for in the contract until the Seller has fulfilled his obligations under the legal guarantee of conformity, under the conditions of Articles 1219and 1220 of the Civil Code.
It is the Customer’s responsibility to ask the Seller to bring the Products into conformity, by choosing between repair and replacement. The compliance of the good takes place within a period not exceeding thirty days following the request of the Customer.
Repair or replacement of non-conforming Product includes, if applicable, removal and return of the Product and installation of the conforming or replaced Product.
Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.
In the event of replacement of the non-conforming Product when, despite the Customer’s choice, the Seller has not brought the Product into conformity, the replacement shall give rise to a new period of legal warranty of conformity for the benefit of the Customer, starting from the delivery of the replaced Product.
If the requested compliance is impossible or involves disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 and following of the Civil Code.
Finally, the Customer may demand a price reduction or the cancellation of the sale (except if the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.
When the lack of conformity is so serious that it justifies the reduction of the price or the immediate cancellation of the sale, the Customer is not then required to request prior repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the delivered Product and the value of this good in the absence of the lack of conformity.
In case of cancellation of the sale, the Customer shall be reimbursed the price paid in exchange for the return of the non-conforming Products to the Seller, at the latter’s expense.
The refund is made upon receipt of the non-conforming Product or proof of its return by the Customer and at the latest within fourteen days thereafter, with the same means of payment as used by the Customer at the time of payment, unless expressly agreed by the latter and in any case without additional cost.
The foregoing provisions are without prejudice to the possible awarding of damages to the Customer for the loss suffered by the latter due to the lack of conformity.
10-2 . Legal warranty against hidden defects
The Seller is responsible for hidden defects within the framework of the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.
The Customer may decide to implement the warranty against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
10-3 . Exclusion of guarantees
The responsibility of the Seller shall not be engaged in the following cases:
– non-compliance with the legislation of the country in which the Products are delivered, which the Customer must check before placing the order,
– in case of misuse, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
ARTICLE 11 – Protection of personal data
Pursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the www.qwartlab.com website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of this data.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right may be exercised in accordance with the terms and conditions set out on the www.qwartlab.com website.
ARTICLE 12– Intellectual Property
The content of the website as well as each of the elements that make it up, including the brands, logos and domain names that appear on it, are the property of QWART and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 13 – Anticipation
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 14 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 15– Applicable Law – Language
The present general conditions of sale and the operations which result from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 16 – Disputes
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. consom. art. L 612-1) or with existing sector mediation bodies, whose references can be found on the www.qwartlab.com website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE
17
– Pre-contractual
Information – Customer’s Acceptance
The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L 221-5 of the Consumer Code:
– on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity enabling him to acquire the Products with full knowledge of the facts, in particular as regards their conditions of use. The photographs and graphics presented are not contractual and do not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential characteristics
– on the price of the Products and related expenses or, in the absence of payment of a price, on any benefit provided in lieu of or in addition to it;
– in the absence of immediate execution of the sale, on the delivery time of the ordered Products;
– on the identity of the Seller and all of its contact information;
– on the existence and the methods of implementation of the guarantees (legal guarantee of conformity, guarantee of the hidden defects, possible commercial guarantees) and if necessary, on the after-sales service;
– on the possibility of having recourse to a consumer mediator, under the conditions provided for in the Consumer Code
– on the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), the procedures for cancellation and other important contractual conditions and, where applicable, on the costs of using the distance communication technique, the existence of codes of good conduct and financial guarantees and sureties
– on the accepted means of payment.
The fact that a Customer places an order on the www.qwartlab.com website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who notably waives the right to invoke any contradictory document which would be unenforceable against the Vendor.
// APPENDIX 1
– WITHDRAWAL FORM
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.qwartlab.com, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
To the attention of
“Vendor Number and Street”
“Vendor’s zip code”
“Seller’s City”
“Email address (Vendor)”
I hereby give notice of withdrawal from the contract for the order of the following products:
– Ordered on ……. / Received on ………
– Order number: …………………………………………………..
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..
Signature of the Client (only if this form is notified on paper) :
Date: ……………………………