1.About the company
BE COOPER, SAS, with capital of 2,000 euros, whose registered office is in NEUILLY SUR SEINE (92200) 20 BIS RUE LOUIS PHILIPPE, registered in the NANTERRE Trade and Companies Register under number 840 691 547, represented by Mr. Stéphane SOULET (here in after the "Company"). The Company offers the following services: sale of automotive spare parts.
The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (here in after the "GTC/UGU"). The GCS/CGU apply to all Services provided by the Company to its Clients of the same category, regardless of the clauses that may be included in the Client's documents and in particular its general terms and conditions of purchase.
The GCS/CGU are systematically communicated to the Client upon request.
The Client is required to read the GCS/CGU before placing any Order.
In the event of any subsequent modification of the GTC/UGC, the Customer shall be subject to the version in force at the time of his Order.
The data recorded in the Company's computer system shall constitute proof of the transactions concluded with the Customer.
"Customer" shall designate any individual or legal entity that places an Order on the present Internet Site;
"Sales Order" means any order placed by the User registered on this Web Site, with a view to benefiting from the Company's Services;
"General Conditions of Sale and Use" or "GCS/CGU" refers to these general conditions of sale and online use;
"Consumer" refers to the buyer who is a natural person and who is not acting for professional needs and/or outside his professional activity;
"Professional" refers to the buyer, a legal entity or natural person who acts within the framework of his professional activity;
"Services" refers to all services offered to Users by the Company through this Site;
"Site" refers to the present Site, i.e. www.becooper.shop;
"Company" refers to the Company BE COOPER, more fully described in Article I here of; and
"User" means any person who uses the Site.
Registration to the Site is open to all legal entities or individuals who have reached the age of majority and enjoy their full legal personality and capacity.
The use of the Services offered on the Site is subject to the User's registration on the Site. Registration is free of charge.
To proceed with registration, the User must fill in all the mandatory fields, without which the service cannot be delivered. Otherwise, the registration cannot be completed.
Users guarantee and declare on their honour that all information communicated on the Site, in particular during registration, is accurate and true. They undertake to update their personal information from the page dedicated to them and available in their account.
All registered Users have a login and a password. The latter are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the registered User in breach. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company shall in no way be held liable for the impersonation of a User. If a User suspects fraud at any time, he or she should contact the Company as soon as possible so that the Company can take the necessary measures and regularize the situation.
Each User, whether a legal entity or an individual, may only hold one account on the Site.
In the event of non-compliance with the GTC/UGC, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending registered User.
The deletion of the account will result in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site prior to the deletion of the account will be executed under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set forth in the GCS/CGU, the offending User is formally prohibited from re-registering on the Site directly, through another e-mail address or through an intermediary without the express authorization of the Company.
5.Service provision and prices
The Services covered by the GCS/CGU are those appearing on the Site and which are offered directly by the Company or its partner service providers.
The Services are described on the corresponding page within the Site and mention is made of all their essential characteristics. The Company cannot be held responsible for the impossibility of providing the said service when the User is not eligible.
When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the page of the service corresponds to the price in euros including all taxes (including VAT) and considers the applicable discounts in force on the day of the Order. The price indicated does not include any incidental costs that may be indicated in the summary before placing the Order.
The Company reserves the right to modify its prices at any time. It undertakes to invoice the services at the rate applicable at the time of the Order. For services whose price cannot be known a priori or indicated with certainty, a detailed estimate will be sent to the Customer.
Under no circumstances may a User require the application of discounts that are no longer in effect on the date of the Order.
Any Order can only be placed once the User has registered on the Site. The User, when logged into his account, can add Services to his virtual basket. He or she can access the summary of his or her virtual basket in order to confirm the Services he or she wishes to order and place his or her Order by pressing the "Order" button.
He will then have to fill in his address, the delivery method and a valid payment method in order to finalize the order and effectively form the sales contract between him and the Company.
The registration of an Order on the Site is carried out when the Customer accepts the GCS/CGU by ticking the box provided for this purpose and validates his Order. This validation constitutes proof of the contract of sale. Finalization of the Order implies acceptance of the prices and terms and conditions of performance of the services as indicated on the Site.
Once the Order has been placed, the Customer shall receive confirmation thereof by e-mail. This confirmation shall summarize the Order and the information relating to the performance of the service(s).
In the event of non-payment, erroneous address of the Client or any other problem on the Client's account, the Company reserves the right to block the Client's Order until the problem is resolved. In the event of impossibility to carry out the service, the Client will be informed by e-mail to the address provided by the Client to the Company. The cancellation of the order for this service and its reimbursement will in this case be made, the rest of the order remaining firm and final.
7.Payment terms and conditions
Unless otherwise agreed, all sales are paid cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company shall be free to require a down payment or payment of the full price when the Order is placed or when the invoice is received.
Payment may be made by :
- Credit card
In the event of total or partial non-payment of the services on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty at a rate equal to the rate charged by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation selected is the most recent on the date of the Order for the Services.
In addition to the late payment compensation, any sum, including the down payment, not paid on its due date shall automatically give rise to the payment of a lump-sum compensation of 40 euros due for collection costs.
In the event of non-payment of all or part of the services on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Client between late payment penalties for the provision of the services ordered and the sums owed by the Client to the Company for the purchase of Services offered on the Site.
The penalty owed by the Client, Professional or Consumer, is calculated on the amount of the remaining sum due, including all taxes, and runs from the due date of the price without any prior formal notice being necessary.
In the event of non-compliance with the terms of payment described above, the Company reserves the right to cancel or suspend the sale.
8.Realization of the services
The services ordered on the Site will be provided by :
- The Company
The Company undertakes to use all human and material resources to perform the service within the time limits announced when the Order was placed. However, it may under no circumstances be held liable for delays in the performance of the service caused by faults that are not attributable to it.
If the services have not been performed within the stipulated time limit, the Customer may request that the sale be cancelled under the conditions provided for in Articles L216-2 and L216-3 of the French Consumer Code. The sums paid by the Customer will be returned to him at the latest within fourteen days following the date of termination of the contract.
This provision does not apply when the Company's delay is due to a fault of the Client or to a case of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the Company's control.
In the event that the execution of a physical service could not have been carried out or would have been postponed due to an error in the address indicated by the Client, the travel expenses of the service provider appointed by the Company to carry out the unsuccessful service shall be borne by the Client.
For all Orders placed on this Site, the Customer has a 14-day right of complaint as of the provision of the Service.
To exercise this right of complaint, the Customer must send the Company, at firstname.lastname@example.org, a statement in which it expresses its reservations and claims, together with the relevant supporting documents.
A complaint that does not comply with the conditions described above will not be accepted.
After examination of the complaint, the Site may, if necessary, replace or reimburse the provision of Services as soon as possible and at its own expense.
10. Right of retraction of the Consumer
The Consumer has a right of retraction of 14 as from the placing of the Order, except for the products mentioned in article L221-28 of the Consumer Code as reproduced below:
"The right of retraction cannot be exercised for contracts :
1° For the supply of services fully executed before the end of the retraction period and whose execution has begun after prior express agreement of the consumer and express renunciation of his right of retraction ;
2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
3° The supply of goods made to the consumer's specifications or clearly personalized;
4° The supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7° The supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of the spare parts and work strictly necessary to meet the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
(12) the provision of accommodation services, other than residential accommodation, transport services for goods, car rentals, restaurants or leisure activities that must be provided on a specific date or during a specific period;
13° The supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal".
To exercise this right of retraction, the Consumer sends a declaration to the address: email@example.com.
He will be reimbursed for the totality of the fees paid for the provision of services within 14 days following the Company's acknowledgement of his declaration of withdrawal. Reimbursement will be made by the same means of payment as that used for the purchase.
However, if the provision of services has already begun on the date on which the Company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the refund. The latter will be made by the same means of payment as for the purchase.
11.Processing of personal data
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulations 2016/679 of 27 April 2016.
In addition, in accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to question, access, correct, modify and oppose all of his personal data at any time by writing, by mail and by proving his identity, to the following address: firstname.lastname@example.org.
This personal data is necessary to process his Order and to prepare his invoices, if necessary, as well as to improve the functionalities of the Site.
12.Sharing of collected data
The Site may have recourse to third party companies to carry out certain operations. By browsing the Site, the Customer agrees that third party companies may have access to his data to allow the proper functioning of the Site.
These third party companies have access to the data collected only in the context of the performance of a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may therefore receive information or commercial offers from the Company or its partners.
The User may at any time oppose the receipt of these commercial offers, by writing to the Company's address indicated above, or by clicking on the link provided for this purpose within the emails received.
Moreover, the information of the Clients may be transmitted to third parties without their prior express consent in order to achieve the following goals:
- to comply with the law
- protect any person from serious bodily harm or death
- Fight against fraud or attacks on the Company or its users.
- protect the Company's property rights.
13.Protection of data
The Company ensures an appropriate level of security, proportional to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not constitute a guarantee and do not commit the Company to any obligation of result regarding data security.
To enable its Users to benefit from optimal browsing on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to deposit a file called a "cookie" on the User's hard disk.
The User has the possibility of blocking, modifying the storage duration, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents the User from using certain services or features of the Site, this malfunction shall in no case constitute a damage for the Member, who may not claim any compensation for this fact.
The Company reserves the right to modify the Site, the services offered on it, the GCS/CGU as well as any delivery procedure or any other constituent element of the services provided by the Company through the Site.
When placing an Order, the User shall be subject to the provisions set forth in the GCS/CGU in force at the time the Order is placed.
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and, although it makes every effort to ensure that the service is always available, it is possible that the service may be interrupted at any time. In addition, the Company reserves the right, by voluntary act, to make the Website unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company may not be held liable for delays in providing a service for reasons beyond its control, beyond its control, unpredictable and irresistible or for which it cannot be held responsible.
The brand, logo, and graphic charter of this Site are trademarks registered with the INPI and works protected under intellectual property law, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express authorization of the said company will expose the offender to civil and criminal prosecution.
18.Clause conferring jurisdiction
The law governing the CGV/CGU is French law. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.
The Client is informed that it may have recourse to conventional mediation, with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) provided for in Article L534-7 of the French Consumer Code or with the existing sectoral mediation bodies. He may also have recourse to any alternative dispute resolution method in the event of a dispute.
Prior to its Order, the Customer acknowledges having received, in a legible and comprehensible manner, the GCS/CGU and the information and details provided for in Articles L111-1 to L111-7 of the French Consumer Code, and in particular :
- the essential characteristics of the Services ;
- the price of the Services;
- the date or the time period on which the Company undertakes to provide the Service ;
- information relating to the identity of the Company (postal, telephone and electronic contact details);
- information relating to the legal and contractual guarantees and their terms and conditions of implementation;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (time limit, terms and conditions for exercising this right).
Placing an Order on the Site implies acceptance and acceptance of the GCS/CGU. The Customer may not rely on a contradictory document.
20.Contact details of the mediator
73 boulevard de Clichy, 75009 Paris - 01.49.70.15.93 - medycis.fr - email@example.com