Lemon Motion is a trademark of FranceCol Technology. The site is published by the seller, SAS Francecol Technology, whose head office is located at the following address: Le Moulin Neuf ZA, F-37230 Luynes, and registered with the RCS TOURS: 503 465 031.
Individual intra-community identification number of the seller: FR54503465031
Under these general terms of sale, the seller is designated by “FranceCol” and the buyer by “customer.”
These terms and conditions of sale apply exclusively to business customers. Non-business customers are not allowed to purchase on LemonMotion website. They prevail, in accordance with the provisions of Article L. 441-6 of the Code of Commerce, on all terms of purchase, except for specific conditions of sale agreed between the parties.
Under section 6 of Act 2004-575 of June 21, 2004 for confidence in the digital economy, this article specifies the identity of the various stakeholders in the course of its implementation and follow-up.
The Francecol Technology website is published by:
SAS Francecol Technology, headquartered in Le moulin neuf ZA, F-37230 Luynes, and registered with the RCS TOURS: 503 465 031 00022, Email address: firstname.lastname@example.org.
The site’s editor is: Dr François Bernot
The Francecol Technology website is hosted by:
O2Switch, 222 Boulevard Gustave-Flaubert, F-63000 Clermont-Ferrand – www.o2switch.fr
and technically maintained by:
ACTI Web Mobile, Sophie Perrin, 12 rue de la Nouvelle Eglise, F-67450 Mundolsheim – Strasbourg Eurométropole
These terms of sale are general and relate to all commercial offers and quotes that we offer, on the entire commercial range, whether it has been offered either by direct sale or by sale via our website.
The seller’s activity is subject to the following regulated regime: The Regulation of Distance Selling (VPC) and in accordance with the provisions of Article L. 441-6 of the French Code of Commerce, on all terms of purchase, except for specific sales conditions agreed between the parties. This web site is submitted to French law of commerce.
These terms of sale relate to all commercial offers and quotes that we offer, on the entire commercial range, whether it was offered either by direct sale or by sale via our website.
The following provisions are intended to define the general terms of sale on the Francecol Technology website.
These general terms and conditions of sale (‘GTC’) define the contractual rights and obligations of the seller and his client in the context of a remote and electronic sale of goods and products.
The GTCs exclusively govern the relationship between the seller and the customer.
The GTCs express the full obligations of the parties. The customer is deemed to accept them without reservation, otherwise his order will not be validated.
If there is any doubt about one of the conditions of sale, the practices in force in the distance sales sector by companies headquartered in France and the Consumer Code apply.
The seller reserves the right to modify the GTCs on any point, without first informing his customers. The changes will be applicable as soon as they are posted online. Their acceptance prior to any online purchase is worth tacit acceptance by the customer, who is deemed to have read the GTCs.
ARTICLE 1. CATALOGUE OR ONLINE SHOP
Through the site, the seller provides the customer with a catalogue or online shop that accurately displays the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be liable for this.
The products are offered within the limits of available stocks. No stock outages can be blamed on the seller. Product images and specifications are given as an indication. The seller cannot be held responsible for a difference between the product delivered and its description. The only compensation that the customer can request will be a refund at the customer’s expense, followed by a refund of the product at its purchase value.
Prices and taxes related to the sale of the products are specified in the catalogue or online shop.
ARTICLE 2. Price
The seller reserves the right to change his prices at any time by publishing them online. The price at which the customer buys his product corresponds to the price that is published on the summary slip, which is offered to him at the time of his settlement.
Only the current rates indicated at the time of the order will apply, subject to the availability of the products on that date.
Prices are shown in euros (excluding taxes and all taxes included) and do not take into account delivery charges, which are charged extra. The delivery fee is indicated before the customer validates the order.
Prices take into account taxes applicable on the day of the order and any change in the rate of these taxes will be automatically passed on to the price of the products in the catalogue or online store. If one or more taxes or contributions, including environmental contributions, were to be created or modified, both up and down, this change could be passed on to the selling price of the products.
The total amount of the order (including all taxes) and delivery costs is indicated before final validation of the purchase order.
The payment of the entire price must be made at the time of the order.
ARTICLE 3. ORDER ONLINE
The customer has the option to complete a purchase order online, using an electronic form. By filling out the electronic form, the customer accepts the price and description of the products.
The customer will have to agree by clicking on the present terms and conditions of sale, in order for his order to be validated.
The customer must provide a valid email address and delivery address and recognizes by these terms and conditions that any exchange with the seller may take place through this address.
The customer will also have to choose the delivery method and validate the payment method.
The seller reserves the right to block the customer’s order in the event of a default, erroneous address or any other problem on the customer’s account until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with payment obligation, which means that the ordering involves a payment from the customer.
The customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The customer assures the seller that he has the necessary authorizations to use this method of payment and recognizes that the information given for this purpose is worth proof of his consent to the sale as to the due of the sums due under the order.
In the event of a dispute or fraudulent use of the bank card without the physical use of the bank card (use of the credit card number), anyone can challenge within 70 days of the date of the transaction by submitting a claim according to the following terms, so that the seller will pay for the costs of the sale and return the disputed sum.
No phone support will be given to the customers. Customer support will be only done through email at email@example.com
Any challenge not made in the rules set out above and within the time limits will not be taken into account and will absolve the seller of any liability.
The seller has put in place a procedure for verifying orders and means of payment to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.
In the event of a refusal of authorization to pay by credit card by accredited agencies or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase and payment by the customer, the seller sends the customer, on the email address he has specified, confirmation of the receipt of the purchase order and a copy of the contract to be printed.
The seller is required to send an invoice to the customer during delivery.
The customer can request that the invoice be sent to a different address than the delivery address by sending a request to the customer service service (see contact details below) before delivery.
In the event of a product’s unavailability, the seller will keep the customer informed by email as soon as possible in order to cancel the order for that product and refund the associated price, with the rest of the order remaining firm and final.
The customer can still assert his right of withdrawal within 14 days of the time the information about the unavailability of the product has been addressed to him.
For any questions about tracking an order, the customer can contact customer service at the following contact information:
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Act 2000-230 of March 13, 2000, the online provision of the buyer’s credit card number and the final validation of the order are valid proof of the customer’s agreement, the due payment of the order, signature and express acceptance of all transactions carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and the seller can be proven through computerized records, stored in the seller’s computer systems under reasonable security conditions. Orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. PAYMENT MODE
All payment methods made available to the customer are listed on the seller’s website. The customer assures the seller that he has the necessary permissions to use the payment method chosen by him, when ordering.
ARTICLE 8. Product Delivery
PROPERTY RESERVE AND RISK TRANSFER
Conditions for applying the conventional warranty
Limitation of warranty
DELAIS, RETURNS, DISPUTES, CHALLENGES
OFFER OUT OF CATALOGUE
ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE (DEEE)
PROTECTION AND USE OF DATA
PATENT INFRINGEMENT OR DEPOSES MODELS
Delivery is only made after payment by the seller’s bank body has confirmed. The products are delivered to the address indicated by the customer on the online form worth ordering, the customer having to ensure its accuracy.
Any parcels returned to the seller due to an incorrect or incomplete delivery address will be re-shipment at the customer’s expense.
Except in case of force majeure, delivery takes place, depending on the mode chosen by the customer, within the following time frames:
Standard delivery 6-8 days; Express delivery 2-3; 24-hour premium delivery
8.1 DELAYED DELIVERY AND DENUNCIATION
In case of delay of delivery, the seller will inform the customer, who can denounce the contract and ask to be refunded within 14 days of this information.
The full refund of the product and the delivery costs, or re-shipment fees if necessary, is then made.
This denunciation of the contract must be addressed in accord to the following terms:
Any information not carried out in the rules defined above and within the allotted time will not be taken into account and will relieve the seller of any responsibility to the customer.
8.2 ORDER VERIFICATION
If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery voucher.
The customer must indicate on the delivery voucher, and in handwritten form, any anomaly concerning the delivery.
Product verification is considered to be carried out as long as the customer, or a person authorized by him, has signed the delivery order.
The customer should, if necessary, inform the seller of his reservations according to the following terms:
Any reservations not made in the rules set out above and within the time limits will not be taken into account and will relieve the seller of any responsibility to the customer.
Upon receipt of the claim, the seller will assign an exchange number of the affected product or products and e-mail it to the customer.
8.3 DELIVERY ERROR
In the event of a delivery error and/or non-compliance of the products in relation to the indications on the purchase order, the customer makes his claim to the seller on the same day of delivery or no later than the first working day following delivery.
The claim may be made on the following terms:
Any claim not made in the rules set out above and within the time limit will not be taken into account and will relieve the seller of any responsibility to the customer.
8.4 ORDER RETURN
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following terms:
Product returned within 30 days of the delivery date of the order at the following address Le moulin neuf ZA 37230 Luynes
Any claim or return not made within the above rules and within the allotted time will not be taken into account and will relieve the seller of any responsibility to the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The return costs are the responsibility of the seller.
ARTICLE 9. PRODUCT GUARANTEES
The seller is responsible for the compliance of the products with the contract.
The customer may make an application under the legal guarantee of compliance, in accordance with the provisions of Articles L. 211-4 of the Consumer Code, or under the guarantee of defects in Articles 1641 and following of the Civil Code.
9.1 COMPLIANCE GUARANTEE
The customer has 2 years from the time the product is issued to implement the legal guarantee of compliance.
As such, it can choose between repairing or replacing the property, under the conditions provided for in Article L. 211-9 of the Consumer Code.
The customer is not required to report proof of a non-compliance within 6 months (24 months as of March 18, 2016, except for second-hand goods) following the date of issuance of the product.
9.2 VICES GUARANTEE
The customer, if he implements the guarantee of defects under Articles 1641 and following of the Civil Code, may choose between the resolution of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.
ARTICLE 10. PRODUCT UNAVAILABILITY AND REFUND
If a product is not ordered is unavailable, the customer will be notified by email.
The customer will have the opportunity to cancel his order and will have the choice between the refund of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.
ARTICLE 11. RIGHT OF RETRACTION
The customer can assert his right to retract and return the product within 14 business days of delivery.
After disclosing the decision to recant, the client then has 14 days to return or return the property.
Any retraction or return not made within the rules defined above and within the allotted time will not be taken into account and will relieve the seller of any responsibility to the customer.
The customer will be able to request the exchange or refund of the returned product, without penalty, the return costs being paid by the seller. However, in the event of a trade, a delivery fee may be charged to the customer again.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original state, especially with a complete, intact and saleable packaging.
Some products, because of their intrinsic quality, may not be subject to the right of withdrawal and may not be reimbursed, in particular but not exclusively, the products covered by Article L. 121-21-8 of the Consumer Code, namely:
– any bespoke product – any product that cannot by nature be re-sent – any perishable product – any video product – any press product- etc.
The seller will have to reimburse the customer for all the sums paid, including the delivery fee, within 14 days of recovering the goods or passing on proof of the shipment of these goods.
ARTICLE 12. DATA PROTECTION
The seller will keep proof of the transaction in its computer systems and under reasonable security conditions, including the purchase order and invoice.
The seller guarantees his client the protection of the customer’s personal data.
To this effect, the seller made a statement to the CNIL under the number 2001877 v 0
The customer has the right to access, modify and delete the information collected, including by contacting customer service in the following terms:
By emailing firstname.lastname@example.org or by recommended letter to Z.A. The Big Noue 37230.
ARTICLE 13. FORCE MAJEURE
The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code would prevent their execution. The obligations of the parties will be suspended.
The party who invokes such a circumstance must notify the other party immediately, to its occurrence and its disappearance.
All irresistible and unpredictable facts or circumstances, which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French jurisprudence and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks are considered as cases of force majeure.
If the case of force majeure lasts longer than three months, these terms and conditions may be terminated by the aggrieved party.
ARTICLE 14. PARTIAL NULLITY
If one or more stipulations of these terms and conditions of sale were to be declared null and void by law, regulation or final decision of a French court, the other stipulations will retain their full strength and scope.
ARTICLE 15. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is settled in France in a stable and sustainable way to effectively carry out his activity, regardless of, as a legal person, the location of his head office.
Also, these GTCs are subject to the application of French law, excluding the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will first turn to the seller for an amicable solution.
In the absence of an amicable agreement, the client, if he contracts as a consumer, will be able to initiate proceedings before the court of Tours and if he contracts as a professional, may initiate proceedings before the court of the place of Tours.