General Terms and Conditions of Sales General Terms and Conditions of Sales
Article 1: Subject
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the on-line sale of goods and/or services offered by the Seller to the Consumer. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version of them that will be applicable to all orders placed after their first appearance on the website. ‘Consumer’ means any natural or legal person. These Terms and Conditions of Sales express the terms and conditions under which the company SOFOC, hereinafter referred to as ‘the Seller’, offers or ensures the supply - via remote digital marketing - of ‘Hardware’ products to Consumers under the conditions of Articles L.221-1 and following of the Consumer Code. The informed Consumer unreservedly accepts, as a result of his/her order, all the provisions of these General Terms and Conditions of Sales. No general or specific condition contained in documents sent or delivered by the Consumer may be incorporated herein without the express written agreement of the Seller.
Article 2 - Contractual Documents
This Contract consists of the following Contractual documents, listed in descending hierarchical order: the electronic order form; these Terms and Conditions of Sales. In case of a contradiction between the provisions contained in the documents of different ranks, the provisions of the higher ranking document shall prevail.
Article 3 - Identification of the Seller responsible for the Offer
The following information is specified as required by the law:
- Name of the Seller of the products or Service Provider,
- Telephone number by which to contact them,
- Their address and, for legal persons, registered address and address of the organisation responsible for the offer if different from the registered address.
Article 4 - Effective Date and Duration
These Terms and Conditions of Sales shall become effective on the date the form is signed on our website. These Terms and Conditions of Sales are concluded for the duration necessary for the supply of the subscribed goods, until the extinction of the Seller’s guarantees.
Article 5 - Validation of the Contract
The Consumer’s 'double click' under the purchase order constitutes a validation of said Contract; in particular, by the first click the Consumer confirms his/her order and by the second click, accepts it definitively after having verified it. The order will only be recorded after the second click and related payment.
Article 6 - Proof of the Transaction
The records stored in the Seller’s computer systems under reasonable security conditions, shall be considered proof of communications, orders and payments between the parties. The purchase orders and invoices are stored on a reliable and durable medium that can be produced as evidence.
Article 7 - Product Information
7-a: The Seller presents its products for sale on its website providing the necessary descriptions in accordance with Article L.111-1 of the Consumer Code, which requires that the potential Consumer is given the possibility to know the characteristics of the products he/she intends to buy before passing the purchase order.
7-b: The offers presented by the Seller are only valid while stocks last.
Article 8 - Price
The prices are indicated in Euro and are valid only on the day that the Consumer sends the purchase order. The prices include all taxes, as well as freight costs and French VAT applied on the day of the order. Any change in the VAT rate will automatically be reflected in the price of the products in the on-line shop. Full payment must be made upon making the order. No deposit or down payment will be accepted.
Article 9 - Payment Method
The Consumer must choose one of the payments methods listed on his/her purchase order. Upon validation of the purchase order, the Consumer guarantees the Seller that he/she has the necessary permission to use the chosen payment method (principle of the purchase order with obligation of payment according to Article 221-14 paragraph 2 of the Consumer Code). The Seller reserves the right to suspend the processing of any order or delivery in the event credit card payment is refused by officially accredited bodies. The Seller also reserves the right to refuse a delivery or execute an order received from a Consumer who has not fully paid a previous order or with whom a payment dispute is in progress.
Article 10 - Delivery Methods
The products shall be delivered to the address specified by the Consumer in the purchase order, within the delivery time specified in the order. The Consumer may request and be sent an invoice to his/her billing address and not to his/her delivery address, by ticking the relevant option in the order form. Shipments are made by So Colissimo of La Poste or, for international shipments, by DHL, which provides a tracking number. As soon as the goods are shipped, the Consumer immediately receives a confirmation email and can track the parcel at any time. However, it may happen, as in all deliveries, that a delay occurs in the delivery or the product gets lost in transit. In case of a delay in delivery with respect to the date given in the shipping confirmation email, the Consumer is required to report the delay to the Seller via email; the Seller will then contact the courier to start an investigation. An investigation may take up to 21 days from its starting date. If, during this period, the product is found, it will be immediately rerouted to the Consumer's address (which happens in most cases). If, on the other hand, the product is not found after 21 days, a replacement product will be sent to the buyer at the Seller's expense. If the ordered products were no longer available at that time, the related amount would be refunded to the buyer. If the products were still available, but their sale prices on the website had changed, the new sales prices will be applied after agreement of the buyer. The Seller will be exempt from liability for any fault attributable to the Consumer or for any unforeseeable and overwhelming fault of a third party involved in the Contract, or in the event of force majeure.
Article 11 - Faulty Delivery and Product Verification
11-a: In the event of a faulty delivery not compliant with the purchase order, the Consumer must forward the Seller the related claim within 14 days. All claims made after the said terms will be rejected, except those covered by the legal guarantee of conformity and/or the legal guarantee against latent defects, to which the deadlines provided for by current legislation apply.
11-b: The said claim can be priorly submitted to the Seller via email by specifying the order reference number and providing full contact details.
11-c: Any claim that is not submitted according with the rules and within the time limits specified above will not be taken into account and the Seller will be released from any liability toward the Consumer.
11-d: In case of a faulty delivery or mistaken delivery, any product to be replaced or refunded must be returned to the Seller intact and complete so as to be suitable for being re-sold, and in its original packaging. For faster and more reliable management of these cases, Consumers are encouraged to use the So Colissimo service of La Poste, or any other means at the convenience of the Costumer, to the address indicated in a written request sent by e-mail. Whenever possible, all returns should be reported in advance by e-mail to the Seller's Customer Service in order to facilitate processing. Shipping costs are the responsibility of the Costumer, except in the case that the product received is not the one that the Costumer ordered.
Article 12 - Right of Withdrawal
In accordance with Article L.221-18 and following of the Consumer Code, the Consumer can return any goods that are unsuitable to him/her and get a refund of the invoiced amount up to 14 clear days from the date the goods were delivered or from the date the offer for the provision of services was accepted. The product will only be taken back or replaced if returned in unused condition, in its original packaging, in perfect condition suitable for resale, accompanied by any accessories, instructions, documentation and related invoice. For faster and more reliable processing, the Consumer must, prior to any return, inform the Supplier of the return and request a return voucher; this by sending an email to 'email@example.com' specifying his/her personal and relevant information and his/her request for return of the products. The Seller will then send the return authorisation by email for the Consumer to print. This return voucher must imperatively be attached to the parcel, also accompanied by a copy of the invoice or delivery note. No justification is required for withdrawal. The return parcel must be shipped within the legal deadline, with the postmarked date or other tracking number as the proof. For more reliable and faster processing, the parcel should be sent by the So Colissimo service of La Poste to the address specified in the email authorising the return. The postage must be sufficient, to avoid any penalty on reception; any penalty will be deducted from the refund. Cash on delivery parcels will be systematically refused. If the return goods are damaged or used, the amount of the refund will be established after contacting the Costumer.
Right to withdrawal:
You have the right to withdraw from this Contract without giving any reason within 14 days. The withdrawal deadlines is 14 days after you or a third party other than the carrier and designated by you, take physical possession of the goods. To exercise the right of withdrawal, you must notify SOFOC Route Lignières - Les Malfosses - 18200 NOZIERES, firstname.lastname@example.org your decision to withdraw from this Contract by submitting a clear and unambiguous declaration, to be drafted according to the template available on our website 'Les Forges de Saint Amand' (e.g., letter sent by post, fax or e-mail). Use the said withdrawal letter template is not mandatory. For respecting the term for exercising the right of withdrawal, you must simply submit your withdrawal letter before expiry of the aforesaid legal deadline.
Effects of withdrawal:
In the case that you withdraw from this Contract, the return is at your expense. For full refund of the payment received, the goods must be in perfect condition, suitable for re-marketing, or refund of the payment received will be reduced by 25% (with the exception of additional charges that may arise if you choose a delivery method other than the least expensive standard delivery method proposed by us) without undue delay and, in any case, at the latest 14 days from the day that you informed us of your decision to withdraw from the Contract. For refund, same method used for the original payment transaction will be used, unless different express agreement with you; in any case, the refund will not generate additional charges for you. We may defer refund until we have received the goods, or until you have provided proof of shipment of the goods - whichever comes first. You must ship back or return us the goods without undue delay and, in any case, no later 14 days after you received the goods and before the expiry of the 14 days’ withdrawal deadline. You will be responsible for the direct costs of returning the goods. Your are only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and good functioning the goods concerned.
Example of withdrawal form:
(Please only complete and return this form if you wish to withdraw from the Contract)
To SOFOC Route de Lignières - Les Malfosses - 18200 NOZIERES, email@example.com I/We* hereby notify you my/our* withdrawal from the Contract for the sale of the goods specified below.
Purchase order number:
Ordered on* / Received on*:
Last name/First name:
Please delete as appropriate
You can download this form by clicking on the following link: Click here
Article 13 - Processing of parcels not delivered by our transport provider
If a parcel is thus returned to 'Les Forges de Saint Amand' for a reason such as 'unclaimed parcel' or 'the addressee does not live at the indicated address', 'Les Forges de Saint Amand' will send the Costumer concerned an email to inform him/her, and the parcel will be re-delivered to the Costumer after he/she has agreed and paid the related charges. These charges shall be paid upon delivery of the parcel at a post office. If these re-delivery charges remain unpaid, or if after payment of related charges the re-sent parcel still remains unclaimed and is therefore returned a second time to 'Les Forges de Saint Amand' by post, it will be kept by 'Les Forges de Saint Amand' for sixty (60) days. At the end of this period, we may decide to destroy the items thus stored, without prior notice or formal actions. The said destruction does not entitle to refund, replacement or compensation.
Article 14 - Product Guarantee
The products sold benefit from the legal guarantee of conformity of Articles L.211-2 and following of the Consumer Code. The Consumer has 2 years from delivery of the goods to act; he/she can choose between the repair or the replacement of the good, subject to the conditions and charges provided for by Article L.217-9 of the Consumer Code; during the first 6 months following the delivery of the goods, the Costumer is not required to provide proof of the non-conformity of the goods. Since 18 March 2016 the said period has been extended to 24 months, except for second-hand goods. This legal guarantee of conformity is applicable regardless of any commercial guarantee. The Consumer can decide to enforce the guarantee against latent defects of the item sold within the meaning of Article 1641 of the Civil Code; in this case, he/she can choose between the cancellation of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
Article 15 - Force Majeure
Neither party shall be deemed to have failed to fulfil their Contractual obligations if their fulfilment is delayed, hindered or prevented by a fortuitous event or a force majeure event. All facts or circumstances external to the parties which are unpredictable, inevitable, beyond the control of the parties and which they cannot prevent, despite all reasonable possible efforts, shall be considered as fortuitous events or force majeure events. The party affected by such an event shall notify the other party by email and within ten working days of the date when he/she became aware of the said event or circumstance. Within a month of the event, unless still impossible due to force majeure circumstances, the two parties shall come back together to examine the impact of the event and agree on the conditions under which the fulfilment of the Contract will be undertaken. If the force majeure event or circumstance lasts for more than three months, these Terms and Conditions of Sale may be terminated by the damaged party. Fortuitous or force majeure events and circumstances expressly means those usually considered so by the French legislation.
Article 16 - Partial Non-Validation
Should one or more provisions of these Terms and Conditions of Sale be considered or declared invalid according to a law, a regulation or following a final decision by competent court, the other provisions will still retain all their validity and enforceability.
Article 17 - Non-Waiver
If either party should waive any breach of any provisions of these Terms and Conditions of Sale, this party shall not thereby be deemed to have waived any succeeding breach of the same or any other provision of these Terms and Conditions of Sale.
Article 18 - Law and Computer Liberties
18-a: Use of purchase order data. The Seller shall use purchase order data exclusively for the execution of the order and its follow-up by the Customer Service. All Costumer data is stored and used only by the Seller, in accordance with the French Act on Information Technology, Data File and Civil Liberties of 6 January 1978.
18-b: Right of rectification. The Consumer has the right of correction or deletion of his/her personal data stored in the Seller's computer system, and can exercise the said right at any time. In exercise the said right, the Consumer must send an e-mail to the following address: firstname.lastname@example.org or write to: « Les Forges de Saint Amand » service consommateurs, « Route de Lignières-18200 NOZIERES».
18-c: Sharing personal data. The Seller shall not disclose any Costumer’s personal data, including post and e-mail addresses, to third parties without the prior consent of the concerned Costumer. Authorisation to disclosure of personal data is revocable at any time. The direct partners who handle the orders are excluded; the Seller shall take the necessary security measures to protect the data in its possession against accidental or deliberate manipulation, loss, destruction or access by unauthorised parties. However, the Seller cannot guarantee perfect security when data are exchanged via the Internet: any action by the Consumer is at his/her own risk.
18-d: It is the responsibility of the website user to take all appropriate measures to protect his/her own data and/or software from contamination by possible viruses circulating on the Internet. The Seller declines all liabilities for any damage that may occur during the consultation of the website.
Article 19 - Personal Data Accepting Cookies:
- Use of the website: to help us recognise your browser as that of a previous visitor, and to record the preferences you determined during your previous visit to our website. For example, we may save your login information so that you do not have to log in every time you visit our website;
- Social networks: to check if you are connected to third-party services (Facebook, Twitter, Google +, etc.);
- Targeting: to allow us to target the user browsing our website (emailing, basic enrichment) a posteriori or in real time;
- Audience measurement: to track the statistical data on website accesses (the users' use of our website, also for improving our website's services) and to help us measure and study the effectiveness of our interactive on-line content, its features, advertisements and other communications.
Your Choices Regarding Cookies and Web Beacons
You have the choice to configure your browser so as to accept all cookies, reject all cookies, inform you when a cookie is issued, its validity and content, and also allow you to refuse storing cookies in your device, and delete your cookies periodically. You can set your Internet browser to disable cookies. Please note that if you disable cookies, your username and password will no longer be saved on any website. For information on how to remove and check the cookies stored on your computer, visit: http://www.allaboutcookies.org/fr/ How to configure your browser
You can configure your browser at any time and adapt it to your choices.
Refer to the help menu of your browser, it will tell you the steps to follow to manage cookies:
For Internet Explorer TM: http://windows.microsoft.vcom/fr-FR/windows-vista/Block-or-allow-cookies For SafariTM: http//docs.info.apple.com/article.html ?path=Safari/3.0/fr/9277.html
For ChromeTM: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For FirefoxTM: http://support.mozilla.org/fr/kb/Activer%20et20d%C3%A9sactiver%20les%20cookies
For OperaTM: http://help.opera.com/Windows/10.20/fr/cookies.html
As the data controller, SOFOC collects personal data about the User. The requested information is necessary for the processing of the User's order as well as the management of commercial relations between SOFOC and the User. Most personal data is kept as long as your account exists or as long as we must provide you services or respond to legal obligations. We may retain certain information for a period of time after you have closed your account, for example if we need it to ensure that we have fulfilled our legal obligations, or to exercise, defend or assert our rights. In accordance with the French Act on Information Technology, Data File and Civil Liberties of 6 January 1978, the User has the right of access, rectification and opposition for his/her personal data.
To exercise this right, contact us as follows:
- By telephone,
- by post to SOFOC - Malfosses - Route de Lignières 18200 NOZIERES ,
- by email: donnees_personnelles@ lesforgesdesaintamand.fr
Handling of personal data:
As the data controller, SOFOC collects personal data about the User. The information requested is necessary to process the User's order and to manage commercial relations between SOFOC and the User . Most personal data is kept as long as your account exists or as long as we must provide you services or respond to legal obligations. We may retain certain information for a period of time after you have closed your account, for example if we need it to ensure that we have fulfilled our legal obligations, or to exercise, defend or assert our rights. In accordance with the French Act on Information Technology, Data File and Civil Liberties of 6 January 1978, the User has the right of access, rectification and opposition for his/her personal data.
To exercise this right, contact us as follows:
- By telephone,
- by post to SOFOC - Malfosses - Route de Lignières 18200 NOZIERES,
- by email: email@example.com
Be sure to specify your first name, last name, address, and include a copy of your identity card.
Law on the fight against waste and the circular economy
"Sofoc is registered in the National Register of Furnishing Elements Marketers under number FR015623. This number guarantees that Sofoc, by joining Éco-Meubles, complies with the regulatory obligations incumbent on it under Article L 541-10-1 10 ° of the Environmental Code. "
Article 20 - Disputes
These General Terms and Conditions of Sale are regulated by the substantive and formal rules of the French legislation . In case of a dispute or claim, the Consumer shall first contact the Seller to reach an amicable solution. In case of failure to reach an amicable agreement between the parties, the Consumer, according to the Article R.631-3 of the Consumer Code, can resort, at his/her choice, to a court having jurisdiction pursuant to the Code of Civil Procedure, or a court having jurisdiction in the place where he was living at the time the Contract was concluded or a court having jurisdiction in the place where the damage occurred.
Our competent mediators are:
73 boulevard de Clichy
75009 Paris (France)
Email address: firstname.lastname@example.org