02/10/23
POINT GARANTIE makes the Site available to make an offer and then, if necessary, a direct sale between the Merchant and the Customer. POINT GARANTIE is in no way the seller of the Products offered for sale and purchased through the Site, with the exception of warranty extensions and repairs. The General Conditions of Sale below apply to the services of the Site without restriction or reservation.
Article 1 – Definitions
Site: refers to the website hosted under the domain names www.garantie.club www.garantie.market www.mon-reparateur-garantie.fr
Customer: designates any natural person who is not a trader purchasing on the Site
Merchant: refers to professional sellers, companies independent of POINT GARANTIE , offering for sale on the Site, new or refurbished Products at a firm price.
www.garantie.club www.garantie.market www.mon-reparateur-garantie.fr : designates the company POINT GARANTIE , owner of the Site, registered with the RCS of Brest under the number SIREN 828518373 and whose registered office is located at ZAC DE PENN HOAT SALAUN 29270 PLEUVEN
Account: refers to the connection account allowing the Customer to connect to the Site, giving access to his Customer space
Order: refers to the Product request made by the Customer
Delivery: refers to the receipt of the Product by the Customer
Product: refers to the products offered for sale on the Site
Personal Data: any information relating to a natural person identified or who can be identified, directly or indirectly.
Customer General Conditions of Use: means the general conditions of use that apply to any Customer accessing the Site, also referred to as “Customer Terms”
Merchant General Terms and Conditions of Use: designate the general terms and conditions of use that apply to any Merchant using the Site, also referred to as "Merchant T&Cs" General Terms and Conditions of Sale: designate the general terms and conditions of sale that are the subject of these apply to any Customer using the Site, also referred to as “GTC”
Article 2 – Object
The purpose of these General Terms and Conditions of Sale (hereinafter the “GTC”) is to define the terms and conditions for the provision of the Sites as well as the conditions for the distance selling of the Products on the Sites.
Thus the GCS apply to all sales of Products made through the Site, between the Customer and the Merchant. POINT GARANTIE cannot be considered as the seller of the Products purchased through the Site, and only the Merchant whose identity is indicated on the Product sheet is the Customer's co-contractor for the sale of the Products.
They can be consulted on the Site and accessible by a click at the time of acceptance of payment for the Order.
Any Order implies the Customer's unreserved acceptance and full and complete adherence to these GCS.
These T&Cs do not exclude the possibility for the Merchant to have General Terms and Conditions of Sale which are specific to him and which must be accessible to the Customer on the Merchant's web page for any sale made on his site.
These General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Customer Use and by the General Terms and Conditions of Merchant Use.
Provision of the site
Section 3
Article 3.1 – Use of the Site by Customers
The Site can be used by any Client.
The use of the Site by Customers is free, with no obligation to purchase. To acquire the Products offered for sale through the Site, the Customer must refer to Article 4.
Article 3.2 – Use of the Site by Merchants
The commercial relations between the Merchants and POINT GARANTIE are governed by the Merchant T&Cs, which specify the commitments to which they are bound for the purpose of selling the Products on the Site. If the Merchant does not respect the contractual commitments, POINT GARANTIE will reserve the right to delist the Merchant's Products on the Site and, if necessary, to terminate the contractual relationship binding it to the latter. The Merchant must bear the costs of delivery, return costs and after-sales service.
A monthly subscription is to be chosen by the Merchant:
Subscription
FREE PACK: free.
10% fee
Subscription
PREMIUM member: €79/month.
5% fee
Subscription
Ultimate member: €139/month.
2% fee
– – –
The Products offered by the Merchants on the Site are classified by category of Products:
• The condition of the Product: new, used or reconditioned
• The price: The Products are classified by the lowest price or the highest price •
• Opinions: the Products are classified according to the opinions of the Customers
• Type of distribution: producer and reseller
• Delivery method and times
Article 3.4 – Product sheet
Each Product offered for sale by the Merchant is described on a Product sheet on the Site, containing the following information:
• The precise name of the Product
• A detailed description of the Product
• The brand of the Product
• The identifier (if)
• Its quality of manufacturer, importer in the European Union or reseller of the Product
• The stock of Products available according to options
• The qualitative visual of the Product
Proximity: the Products are classified from the closest proximity to the position declared by the Customer to the least close
• Indicate any options available on the Product (colors, sizes, etc.)
• Indicate the selling price of the Product on the Site
• Any commercial warranties applicable to the Product
• The existence or not of a right of withdrawal on the Product in accordance with the provisions of the Consumer Code.
• The General Conditions of Sale of the Merchant Article 3.5 – Contact
The Customer has the possibility of contacting POINT GARANTIE and the Merchant by means of the messaging system accessible on his Account, for any request for information relating to his Order.
Article 4 – Order
Article 4.1 - Identification of the Customer
The Customer must have the legal capacity allowing him to contract.
To place an Order, the Customer must identify himself and create an Account with his e-mail and a password (see Customer Terms for help with creating an Account).
Account creation is prohibited for minors under the age of 16 and requires the indication of a compatible date of birth. As part of the purchase and sale process, the personal information provided such as your full name, telephone (including the BLOCTEL device framework is in the T&Cs), order history, address and e-mail must be truthful. . For companies the company and the function within it.
Article 4.2 – Registration and validation of the Order
The Order of the Products can be made through the Site or directly on the Merchant's online store or physical store.
If the Order is made outside the Site, the Customer by clicking on the Product is redirected to the Merchant's online site or to the contact details of the Merchant's store. The Order will then be directly processed by the Merchant according to its General Conditions of Sale.
In this case, these Terms and Conditions of the POINT GARANTIE Site will no longer apply to the Customer. If the Order is made through the Site, the terms are as follows:
• The Customer adds the Product(s) he wishes to purchase to his basket. Delivery Costs will be added to the price of the Products
• The Customer checks his Order and the total price indicated
• The Customer validates his Order by clicking on “order” and reads the
T&Cs via a link, and accepts them by ticking the words "acceptance of the T&Cs"
• The Customer indicates the billing and Delivery address of the Order (in accordance with article 6.2)
• The Customer will have access to a summary of his Order before proceeding to payment
• The Customer proceeds to the payment of the Order and receives a confirmation email.
in account of his Order
• POINT GARANTIE notifies the Merchant by email of the Order of Products by email on its information system or via its Merchant space on the Site
• The Merchant is bound by the Customer's Order, upon receipt of the notification informing him of the Customer's Order.
• The Merchant will send his invoice to the Customer on Delivery of the Product ordered in the package.
For any question relating to the Order, the Customer has the possibility of contacting the Merchant by means of support@garantie.club
Article 5 – Pricing conditions
Article 5.1 – Product Prices
The price of the Products for sale on the Site is set freely by the Merchant and is not negotiable by the Customer.
The price is indicated in euros all taxes included (TTC) and is exclusive of delivery costs.
The prices of the Products are those in force at the time of registration of the Order.
Article 5.2 – Methods of payment
If the Order is made on the Merchant's online store, that is to say outside the Site, the payment methods are then processed by the Merchant according to its General Conditions of Sale. In this case, the Terms and Conditions of the POINT GARANTIE Site will no longer apply to the Customer.
If the Order is made through the Site, the Customer must pay for the Products at the time of the Order using one of the following options:
• By credit card (Visa, credit card, Mastercard) with the possibility of registering the card, encrypted and managed by SHOPIFY
• By gift card
• By PayPal whose contractual conditions are accessible at the following address:
https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full
POINT GARANTIE reserves the right not to offer one or more payment methods above, for any legitimate reason and in particular in the event that:
• One of the Customer's previous Orders has not been paid in full on the due date or a dispute relating to the payment of one of the previous Orders is being processed.
• Serious and consistent elements would raise a suspicion of fraud on the Order.
Article 6 – Delivery of the Order by the Merchant Article 6.1 – Delivery Costs
Delivery costs are the responsibility of the Customer who has placed and validated an Order.
The amount of the costs is indicated to the Customer before any final validation of the Order.
Delivery costs may vary depending on the amount or number of purchases of Products made by the Customer. In such cases, this information is clearly indicated to the Customer on the Order page as well as on the Order summary.
Article 6.2 – Method of Delivery
The conditions, costs and delivery times differ according to the delivery method chosen.
At the time of placing the Order, the Customer will be informed of the available Delivery method(s) as well as the applicable delivery times and prices for each Product.
The Merchant may offer the Customer the following different Delivery methods:
• Delivery to the address chosen by the Customer
• Withdrawal from the Merchant's shop
• Delivery to pick-up point
After confirmation of the Order, POINT GARANTIE communicates the Order to the Merchant including the Delivery method chosen by the Customer.
The Products will be delivered by the Merchant, or any person designated by him, on behalf of the Merchant, directly to the Customer, depending on the Customer's choice made when placing the Order on the Site.
The Merchant will have a receipt document signed by the Customer via his carrier.
The Delivery is constituted by the transfer to the Customer of the physical possession of the Product(s). The Customer is solely responsible for a lack of Delivery due to a lack of indication when placing the Order.
In cases where the Delivery of the Products calls for reservations, the Customer may notify them to the carrier at the time of Delivery.
In the event that a Product is returned to the Merchant by the carrier (in particular in the event of an error in the address or the absence of collection of the package at the address indicated to the Customer), the Customer will be reimbursed for the amount of his Order and the outward transport costs, the return transport costs remaining the responsibility of the Customer, provided that the Delivery error is exclusively attributable to the Customer, unless he has expressly agreed to be delivered to a new address or to a new date.
In any case, the Merchant undertakes to contact the Customer via the dedicated messaging space on the Site, in order to offer a satisfactory solution to the Customer.
Article 6.3 – Delivery Date
The Merchant undertakes to ship the Products or to make the Products available to the Customer for collection within a maximum period of from the receipt by the Merchant of the Order sent by .
If the delivery deadline is exceeded, in accordance with article L216-2 of the Consumer Code, the Customer must inform the Merchant via MAIL and give him formal notice to deliver it within a reasonable additional period in order to execute the Command.
If, at the end of this additional period, the Delivery has still not been made, and if the non-Delivery is not attributable to the Customer, the Customer may cancel his Order in writing via support@garantie.club. The Merchant will then refund the price paid by the Customer.
Article 7 – Right of withdrawal
In accordance with article L221-18 of the Consumer Code, the Customer has a right of withdrawal of fourteen (14) days to exercise his right of withdrawal, without having to justify his decision, nor to pay a penalty, end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fifteen (15) days of notification to the Merchant of the Customer's decision to withdraw.
Damaged, soiled or incomplete Products are not taken back.
The Customer will exercise his right of withdrawal directly from the Merchant, informing him unambiguously of his wish to withdraw, by completing the form available here (Form link). This entry by the Customer will automatically generate a notification sent by email to the Merchant. The Merchant undertakes to acknowledge receipt of the Customers' request within a maximum of 48 working hours.
In the event of exercise of the right of withdrawal by the Customer, this acknowledgment of receipt must indicate to the Customer the methods for returning the Products and any costs applicable to this return.
In the event that the solution proposed by the Merchant following the exercise of his rights by the Customer does not fully satisfy the Customer, POINT GARANTIE may, if it deems it necessary, contact the Customer. in order to offer him a satisfactory solution.
POINT GARANTIE and the Merchant will endeavor to work together in good faith to provide a satisfactory solution to the Customer.
Article 8 – Liability
Article 8.1- General
POINT GARANTIE is not the owner of the Products, which remain the property of the Merchant.
In addition, the Merchant remains the sole custodian of the Products until the Delivery of the said Products to the Customers. POINT GARANTIE being only an intermediary between the Customer and the Merchant.
Article 8.2 – Liability of the Merchant
The Merchant assumes full responsibility with regard to the Products that he puts up for sale on the Site, and will deal with complaints relating to the Products alone.
The Merchant is solely responsible for compliance with the regulations applicable to the Products marketed on the Site, the quality of the Products (security, DLC and DDM in particular) and compliance with the intellectual property rights of third parties on the Products.
The Merchant is solely responsible for the display or claim of a quality label or sign on a Product.
The Merchant undertakes to immediately withdraw from the Site any batch of Products subject to a recall or withdrawal procedure.
In the event of a complaint concerning the Products delivered, the Customer must contact the Merchant via support@garantie.club.
The Merchant will settle the dispute between him and the Customer himself. The Customer and the Merchant will make their best efforts to reach an amicable resolution of the dispute.
Article 8.3 – Liability of POINT GARANTIE
POINT GARANTIE is bound only by an obligation of means in the performance of the services offered on the Site.
The responsibility of POINT GARANTIE cannot be engaged in the execution of a sale concluded between the Merchant and the Customer on the Site, in particular with regard to the conformity of the Product, the conformity of the offer of sale, the conditions of execution of the after-sales service, the ownership of the intellectual property rights relating to the Products.
The responsibility of POINT GARANTIE can only be engaged towards the Customer for facts which will be directly attributable to it in its capacity as intermediary and which will have caused direct damage to the Customer.
POINT GARANTIE undertakes to make its best efforts to secure access to and use of the Site and is free to choose the most appropriate form and technical means to provide users with all the features of the Site.
The Site will be accessible 24 hours a day, 7 days a week.
By way of derogation, the Site may be temporarily unavailable during the curative or evolutionary maintenance operations necessary for the proper functioning of the Site and in the event of the occurrence of an event beyond the control of POINT GARANTIE .
In the event of the occurrence of a technical failure affecting the operation of the Site, POINT GARANTIE undertakes to make its best efforts to restore the operation of the Site as soon as possible.
POINT GARANTIE cannot be held responsible for external intrusions, the presence of computer viruses in the computer system of the Customer using the Site, any consequences of an alteration, total or partial, of the operation of the Site resulting from improper use of the Site by the Customer, of the non-functioning or slowness of the Customer's telecommunications network.
Article 9 – Warranties
Article 9.1 – Legal guarantees
All Products sold through the Site benefit from:
The legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the Order;
The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unsuitable for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these T&Cs (Appendix 1).
It is recalled that within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act; can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; is exempted from providing proof of the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code. These guarantees are without prejudice to the right of withdrawal provided for in Article 7.
The Merchant guarantees the conformity of the Products within the framework of these two legal guarantees.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. It is reminded that the Buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In all cases, defective products must be repaired or replaced at no cost to the consumer. This principle of free also applies to the cost of returning the product.
Any return due to the Customer resulting in external postal costs cannot be borne by the Seller if he has not been informed beforehand.
Article 9.2 – Commercial guarantees
Certain Products for sale on the Site may benefit from a commercial guarantee granted by the Merchant. The existence of this contractual guarantee then appears in the Product sheet on the Site.
Article 9.3 – Implementation of guarantees
You acknowledge that the withdrawal period is running
for fourteen days and cannot be applied beyond that.
In the event of a request for the implementation of a legal or contractual guarantee, the Customer must contact the Merchant via support@garantie.club.
The Merchant undertakes to acknowledge receipt of the Customers' request within a maximum of 24 working hours. Consequently, the Customer has all the necessary information, in particular on the delivery times for the Products ordered.
The Merchant undertakes to provide a solution to the Customer within a maximum period of 48 working hours (except during closing periods) from the sending of the aforementioned acknowledgment of receipt, indicating to the Customer the procedures for returning the Product or the possibility of opting for the reimbursement or replacement of the Product.
In the event that the solution proposed by the Merchant following the exercise of his rights by the Customer, would not fully satisfy the Customer, the latter to formulate a complaint concerning a Product directly on the Site.
POINT GARANTIE will inform the Merchant and they will endeavor to work together in good faith to provide a satisfactory solution to the Customer.
Article 10 – Force majeure
POINT GARANTIE cannot be held responsible for the non-execution or delay in the execution of one of its obligations described in these GCS resulting from a case of force majeure, within the meaning of article 1218 of the Civil Code. .
All irresistible facts or circumstances external to POINT GARANTIE , unforeseeable, unavoidable, independent of its will, and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as cases of force majeure.
In addition to the cases retained by the legislation in force and French case law, are considered cases of force majeure, and this without being exhaustive, the following events:
• Blockages of networks and communication systems
• Total or partial strikes, lockouts, boycotts or similar events
• Hacker attacks.
Article 11 – Personal data
The Customer is informed that all the data collected within the framework of the operation of the Site, are processed by POINT GARANTIE .
The Customer is invited to refer to the “Privacy Policy” tab of the Site to obtain all the information relating to this point.
Article 12 – Intellectual property
The Customer undertakes to respect the intellectual property rights of POINT GARANTIE and in particular, all the elements of the Site including the content of the Site, the brands, the drawings, photographs, images, the texts, the general structure and the tree structure, graphic charters, databases, logos, domain names including in particular the name POINT GARANTIE , all documents or files, any other distinctive sign present on the Site, including the underlying technology, belonging to POINT GUARANTEE which are protected by French and international laws relating to intellectual property.
No intellectual property rights may be transferred to the Customer.
Any total or partial reproduction of the intellectual property rights of POINT GARANTIE is strictly prohibited and may constitute an infringement.
The Customer may refer to the Site for advertising and/or promotional purposes with the prior and express agreement of .
Any violation of intellectual property rights engages the responsibility of the Customer.
Article 13 – Modification of the General Conditions of Sale
NAME OF THE SITE reserves the right to modify, update, rectify and this freely and at any time the present GCS with a view to the good respect of the legislative, regulatory and/or jurisprudential evolutions. Any modification will be directly applicable to the Client.
If necessary, the new GCS will only apply to sales made after the modification and/or adaptation.
Article 14 – Clause deemed unwritten
If one or more clauses of these GCS were to be declared void, these would be deemed unwritten without invalidating all of these.
Article 15 – Attribution of jurisdiction and settlement of disputes
These T&Cs are subject to the application of French law.
In the event that these T&Cs are translated into a foreign language, only the French text shall prevail in the event of a dispute over the acceptance of a term or provision herein. Disputes likely to arise between POINT GARANTIE and the Customer will be the subject of an attempt at amicable resolution, before any legal action.
In the event of a dispute between the Customer and POINT GARANTIE relating to the GCS, the Customer is informed that, in accordance with the provisions of the Consumer Code, POINT GARANTIE has appointed a mediator whom he may contact.
In the absence of an amicable agreement, the consumer has the possibility of seizing free of charge the mediator of consumption to which the professional reports, namely AME CONSO, within a period of one year from the written complaint addressed to the professional. Referral to the consumer ombudsman must be made
At the end of the mediation, the mediator will propose a solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, any dispute will be brought before the courts within the jurisdiction of the registered office of POINT GARANTIE , including in the event of multiple defendants, this being expressly accepted by the Customer.
APPENDIX 1 – Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L.217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular 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, brought to the seller's attention and which the latter has accepted. »
Article L.217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article L.217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
Article 1641 of the Civil Code
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1648 paragraph 1 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. »
either by completing the form provided for this purpose on the website
AME CONSO: www.mediationconso-ame.com; either by mail addressed to AME CONSO,
11 Place Dauphine – 75001 PARIS.
