Terms and conditions
Version 2.0 of 18/11/2021
1. Preliminary remarks
a) Legal terms
This website is published by the company THIBIERGE & COMAR, SAS with capital of 10,000 €, registered at commercial and companies register of Paris under the number 882 639 156, and whose head office is at 25, rue de Ponthieu, 75008 Paris, France.
VAT number: FR34 882 639 156.
The publishing director is Emeric Thibierge.
The editor is Isaure Thibierge.
This website is hosted by ADISTA SAS, whose registered office is located at 9, rue Blaise Pascal, 54320 Maxéville, France, available by telephone on the following number: +33 (0) 3 57 54 54 00.
This website was created using the open-source solution PrestaShop ™. The general terms and conditions have been written through CGV-expert.fr.
The customer service of this website is available from Monday to Friday from 9am to 18h at the following toll-free number: +33 6 88 05 32 82, by e-mail at the following address: firstname.lastname@example.org or by regular mail at the following address: PAPERLAB - PARIS, 25, rue de Ponthieu, 75008 Paris, France. In the latter two cases, Thibierge Paris agrees to provide a response within two business days.
This wsite is free and open to any user. This website consists of selling products online.
c) Acceptance of terms and conditions
Subscribing to a contract governed by these terms and conditions with the publisher of this site assumes the acceptance, by the user, of said terms and conditions of sale. The user acknowledges the same fact having fully understood. This acceptance will consist in the fact, for the user, to validate the present general conditions.
The user recognizes the proof value of the automatic registration systems of the publisher of this site and, except for him to bring evidence to the contrary, he waives the challenge in case of dispute.
Acceptance of these terms and conditions assumes that users have the legal capacity to do so, or that they have permission from a guardian or curator if they are unable to do so. , their legal representative if they are minors, or whether they hold a mandate if they act on behalf of a legal person.
In order to comply with the provisions of the law of confidence in the digital economy of June 21, 2004, will be described below the order process:
In order to place an order, the user will be able to select one or more products and add them to his basket. When his order is complete, he can access his basket by clicking on the button provided for this purpose. By consulting his cart, the user will be able to check the number and the nature of the products he has chosen and will be able to check their unit price and the overall price of the order. He will be able to remove one or more products from their basket. On this summary will be indicated to the user the faculty he has or not to exercise his right of withdrawal and the time and methods that apply to it.
If his order suits him and he wants to validate it, the user can click on the validation button, he will then access a form in which he can either enter his login if he already has one, or register on the site by completing the form presented to him, with his personal information.
Once logged in or after completing the form, the user will be prompted to check or modify their delivery and billing information, read and validate these conditions, confirm their order and then be invited. to make its payment by being redirected for this purpose on the secure payment interface.
Once the payment actually received by the publisher of the site, the latter undertakes to acknowledge receipt to the user electronically, within a maximum of 24 hours.
Similarly and at the same time, the publisher undertakes to send the user an email summarizing the order in order to confirm the processing and to communicate all the information relating to the order.
3. Products price, taxes and delivery fees
The prices indicated on the site are heard in Euros, all taxes included, and excluding delivery costs. Prices are firm, without discount, discount or rebate. These prices can be modified at any time by the publisher. The price applicable to the customer is that in force when ordering.
In any event, delivery charges will be indicated to the customer before any payment is made.
In case of delivery outside the European Union and Dom-Tom, the user is informed that customs duties and other taxes may be due. The necessary formalities and the payment of these rights and taxes are not the responsibility of the publisher and will in any case be the responsibility of the user. It is therefore the responsibility of the latter to check all these data and the possibility of importing the product from the competent authorities of the country of delivery, before placing any order on the site.
THE SOLD PRODUCTS REMAIN THE PROPERTY OF THE PUBLISHER UNTIL COMPLETED PAYMENT OF THEIR PRICE IN ACCORDANCE WITH THIS RESERVE CLAUSE. RISKS ARE TRANSFERRED TO THE CLIENT FROM THE DELIVERY OF THE PRODUCTS.
4. Payment information
Credit card payments are made through secure transactions provided by the provider: PayPal.
As part of payments by credit card, the publisher of this site has access to any data relating to the means of payment of the customer.
Delivery times defined in the article below start running only from the date of actual receipt of payment by the seller, the latter can provide evidence by any means. Failing to receive payment from the customer within eight days from the order, the order will be resolved and the products put on sale on the site.
Failure to pay at the end of any amount due to the publisher will result in the collection of penalties equal to (3) three times the rate of legal interest plus a fixed compensation of 40 euros for collection costs . These penalties will be due from the day after the due date of the unpaid amounts, without prior notice.
5. Delivery and provision
a) Delivery time
Orders are delivered by La Poste, UPS, or any carrier designated by the publisher within 5 working days from the perfect receipt of the price corresponding to the order.
Certain products or order volumes may nevertheless justify a higher delivery time, it will be expressly mentioned to the attention of the user during the validation to the order.
b) Damage and partial loss
In case of delivery of a package obviously and visibly damaged, incomplete or with damaged objects, it is up to the customer to refuse to enjoy the warranty offered by the carrier. The user must also inform the publisher without delay, so that a new package is prepared, and then shipped upon receipt of the damaged package in return. In this case, the delivery times indicated above in these terms and conditions will no longer apply.
Similarly, the user must refuse any incomplete package or with damaged items. Indeed, in accordance with Article L 133-3 of the Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including the holidays, which follows that of this receipt, the addressee did not notify the carrier, by registered letter, his reasoned protest. Failing to proceed to this formality, the user cannot be compensated.
6. Customer service and right of withdrawal
a) Customer service
The customer service of this website is available from Monday to Friday from 9h to 18h at the following toll-free number: + 33 (0)6 88 05 32 82, by e-mail at the following address email@example.com or by post to the following address: THIBIERGE & COMAR SAS, 25, rue de Ponthieu, 75008 Paris. In the latter two cases, the publisher agrees to provide a response within two business days.
b) Right of withdrawal
The consumer has the right to withdraw from this contract without giving any reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier designated by you, physically takes possession of the property or the last property.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail). To facilitate your efforts, you can use the model withdrawal form but this is not mandatory.
For the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
c) Effects of withdrawal
In the event of your withdrawal, we will reimburse you for all payments received from you, including delivery charges (except for additional charges arising from the fact that you have chosen, if applicable, a delivery method other than than the cheaper mode of standard delivery proposed) without undue delay and, in any event, no later than fourteen days from the day we are informed of your withdrawal decision. We will refund using the same means of payment as you used for the original transaction, unless you expressly agree otherwise; in any case, this refund will not cause any costs for you. We may defer repayment until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earlier.
You must return or return the property without undue delay and, in any event, no later than fourteen days after you have given us your decision to retract. This period is considered respected if you return the good before the expiration of the period of fourteen days.
You will be responsible for the direct costs of returning the property. The cost of returning the goods when the nature of the goods can not normally be returned by La Poste will be indicated by the publisher prior to the conclusion of the contract.
Your liability is only incurred with respect to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.
7. Products guarantee bought on this website
In case of defect of a product purchased on this website, the user has, in accordance with the provisions of articles 1641 and following of the civil code in terms of legal guarantee of latent defects, a period of two years from the finding of the said defect to request a resolution of the sale or a reduction of the sale price (article 1644 of the civil code) and, pursuant to articles L217-1 and following of the Consumer Code, in the event that the delivered goods do not is not compliant, the consumer will have a period of two years from the receipt of said product to request repair or replacement subject to the cost conditions provided for in Article L217-9 of the Consumer Code. The consumer is exempted from showing proof of the lack of conformity of the good during the 24 months following the delivery of the good (6 months for second-hand goods).
In order to exercise any of these rights, it will be up to the customer to approach the customer service of Thibierge Paris.
Certain objects acquired on this site benefit, in addition to the guarantee of hidden defects defined by the civil code as well as the guarantee of good conformity imposed by the article L217-4 of the code of the consumption which they are, if necessary, still applicable and which are defined above, a conventional warranty offered by the seller or the manufacturer, the duration of which may vary depending on the product, and which will be detailed in particular on the description sheet and the instructions for use of the product. The possible commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
8. Specific provisions for certain products
All products sold on this website are marketed in accordance with the laws and regulations in force in France. The mandatory displays required by the laws and regulations in force are made on this website, and in particular in the description of each article.
9. User space
The creation of a user account is a prerequisite for any order from a user. For this purpose, the user will be asked to provide a certain amount of personal information. The user agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the user account.
Some information will be deemed essential to the conclusion of the contract and their collection will be essential to the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide the said information will have the effect of preventing the creation of the user account and, incidentally, the validation of the order.
This space allows the user to view all his orders made on the website, and also allows him, if necessary, to track the delivery of purchased products.
If the data contained in the user account were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only an informative character. The publisher undertakes, however, to keep securely all contractual elements whose retention is required by law or regulation in force.
The publisher reserves the exclusive right to delete the account of any user who has violated these terms and conditions (including but not limited to this example, when the user knowingly provided incorrect information, when his registration and the constitution of his account) or any inactive account for at least one year. Such deletion will not be likely to constitute damage for the excluded user who cannot claim any compensation for this fact.
This exclusion is not exclusive of the possibility, for the publisher, to initiate legal proceedings against the user, when the facts will have justified.
When creating the user account, the user will be prompted to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his account and he is thus prohibited to transmit it or to communicate it to a third party. Otherwise, the website cannot be held responsible for unauthorized access to a user's account.
10. Exemption from publisher's liability
a) Website accessibility and force majeure
In case of impossibility of access to the website, due to technical problems or all kinds, the user will not be able to claim damage and cannot claim any compensation.
The unavailability, even prolonged and without any limitation period, of one or more products, cannot be constitutive of a prejudice for the user and can in no way give place to the grant of damages and interests on the part of the website or its publisher.
The publisher will in no way be held responsible for the breach of contract that may be attributable to a case of force majeure, as defined by the French courts.
b) Visual representation of products
The visual representations of the products, published on this website, are guaranteed by the publisher as perfectly faithful to the reality, in order to satisfy his obligation of perfect information. However, in the current state of the art, the rendering of these representations in particular in terms of color or shape, can vary substantially from one computer station to another or differ from reality according to the quality of the graphic accessories and the image. screen or according to the resolution of the display. These variations and differences cannot in any case be attributed to the publisher who can in no way be held liable for this fact.
c) Sold products on the website
The publisher agrees to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulatory and legal provisions in force in other countries.
The publisher of this website can in no way be held responsible for misuse of products, poor maintenance of products, accidental damage or misuse of products.
The products offered for sale on the website being sold not installed, the user declares to make his business of the installation of the products that he will have to carry out in the rules of the art and in accordance with the instructions of use.
d) Hypertext links
The hypertext links on this website may refer to other websites and the responsibility of the publisher of this website cannot be engaged if the content of these websites violates the laws in force. Similarly, the responsibility of the publisher of this website cannot be engaged if the visit, by the user, of one of these websites, caused him harm.
11. Newsletter of the publisher and its partners
By ticking the box provided for this purpose or expressly agreeing to this end, the user agrees that the publisher can send them, in a frequency and in a form that he determines, a newsletter (newsletter ) may contain information relating to its activity. When the user checks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribed users will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
Similarly, the user who has accepted the communication of personal data (and in particular of his e-mail address) to third-party partners of this site by checking the box provided for this purpose, may be required to receive newsletters (letters of information) issued by these partners, whether commercial or not, at the frequencies and in the forms determined by the said partners.
The user has the opportunity to unsubscribe at any time by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by said partners. Otherwise, the user has the opportunity to unsubscribe by directly contacting the issuer (s) of the newsletters (newsletters). The publisher of this website can not in any way be held responsible for the content, data or forms of newsletters (newsletters) sent by said partners, regardless of the harm that would have been suffered by the user. Any complaint must be made directly to the issuer of the newsletter (newsletter).
12. Mentions relating to the Data protection Act
a) General – Purpose - Time
The user has the free faculty to provide personal information about him. The provision of personal information is not essential for navigation on the site. On the other hand, the inscription on the present site supposes the collection, by the publisher, of a certain number of personal information concerning the user. Users who do not wish to provide the information necessary to create a user account will not be able to place an order on this site.
The collected data are necessary for the good administration of the services proposed on this site as well as the respect of its contractual obligations by the publisher. These data are stored by the publisher in this unique quality, and the publisher agrees not to use them in another frame, nor to transmit them to third parties, except express agreement of users or cases provided by law.
The contact details of all users registered on this site are saved for a maximum of 12 months from the removal of personal space, reasonable time required for the proper administration of the site and normal use of data. These data are kept in secure conditions, according to the current means of the technique, in compliance with the provisions of the Data Protection Act of 6 January 1978.
b) Right of access, rectification and opposition
In accordance with the Data Protection Act, the user has a right of opposition, interrogation, access and rectification of the data he has provided. For that, it is enough for him to make the request to the publisher of this site, by formulating it with the following e-mail address: firstname.lastname@example.org, or by mail at the address of the headquarters of the publisher mentioned at the top of these terms and conditions.
Personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site.
The controller is Thibierge Paris.
CNIL declarer number: 12345435
c) IP Adress
In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of any user. The collection of this IP address will be done anonymously, it will be kept for the same duration as the personal information and will be intended only to allow a good administration of the services offered on this site. The IP address corresponds to a series of separate digits of points allowing the unique identification of a computer on the Internet.
The publisher must communicate all the personal data relating to a user to the Police (on judicial requisition) or to any person (on the order of the judge). The IP address of any computer may be reconciled with the actual identity of the subscriber owned by the ISP (Internet Service Providers).
13. Mentions relating to the collect of "cookies"
a) General – Purpose - Time
In order to allow the user an optimal navigation on the present website as well as a better functioning of the various interfaces and applications, the publisher will proceed to the implementation of a cookie on his computer station. This cookie makes it possible to store information relating to the navigation on the website (date, page, hours), as well as any data entered by the user during his visit (search, login, email, password). These cookies are intended to be stored on the computer of the user for a variable duration of up to 12 months, and may be read and used by the publisher during a subsequent visit of the user on this website.
b) Right to oppose the installation of the cookie
The user has the option to block, change the retention period, or delete this cookie via the interface of his browser (usually: tools or options / privacy or confidentiality). In such a case, navigation on this website will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features provided by the publisher, this malfunction cannot in any way constitute damage to the user who cannot claim any compensation thereby.
c) Deleting cookies
The user also has the option to delete cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect its navigation on this website but causes the user to lose all the benefit of the cookie. In this case, he will have to enter all the information regarding him again.
14. Intellectual property on the elements of the website
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even if modified, will likely give rise to legal proceedings against him. by the publisher or his assigns.
This protection will cover all the textual and graphic content of the website, but also its structure, its name and its graphic charter.
Similarly, the user acknowledges being informed that the matrix of these terms and conditions has been filed with a bailiff and that any reproduction, even partial, of the present document may be the subject of legal proceedings for economic parasitism.
15. General provisions and applicable law
a) Modification of the general conditions
These terms and conditions may be modified at any time by the publisher of the website or his representative. The general conditions applicable to the user are those in force on the day of his order. The publisher obviously agrees to keep all its old general conditions and to send them to any user who requests it.
b) Applicable Law and competent court
These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French, any version available in a foreign language on the site is only informative. Similarly, this site may be translated into various languages to facilitate navigation non-French users who would like to order on the site.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER HAVING THE QUALITY OF A TRADER, IN THE SENSE OF THE FRENCH JURISDICTION, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN WHICH THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for public policy provisions, any disputes that may arise in connection with the execution of these terms and conditions may be submitted to the website publisher for an amicable settlement before any legal action. It is expressly reminded that amicable settlement requests do not suspend the time limits for taking legal action.
If one of the clauses of the present general conditions was to be declared null by a decision of justice, this nullity could not bring about the nullity of all the other clauses, which would continue to produce their effect.
e) Non renunciation
The fact, for the parties, not to take advantage temporarily or permanently of one or more clauses of the present general conditions, will not in any case take away to take advantage of the rest of the general conditions.
If a consumer wishes to cancel his order, he can use the form below.
(Please complete and sent this present form only if you want to retract.)
For the attention of THIBIERGE & COMAR, 25, rue de Ponthieu, 75008 Paris. Available at +33 6 88 05 32 82 or by email to the following address: email@example.com
I hereby notify you of my withdrawal from the contract for the sale of the following product: ……………………………………………………………………
∗Ordered on ………………………………… /received on …………………………………
∗Client name: ……………………………………………………………………
∗Client address: ……………………………………………………………………
Client signature (only if the notification is printed):
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