The online store PROCOMMERCES.COM website was set up by the company PROCOMMERCES.COM, which is the operator of this site. Any order under a product appearing in the online store PROCOMMERCES.COM website requires prior consultation of these terms and conditions. Accordingly, the consumer acknowledges that he is fully aware that his agreement regarding the content of these terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the shop of the website. The consumer has the ability to save or edit these terms, being specified that both the backup and editing of this document are the sole responsibility. The online store set up by PROCOMMERCES.COM as part of the website mentions the following information:
. Legal notice allowing a precise identification of the company PROCOMMERCES.COM
. Presentation of the essential characteristics of the proposed properties
. Indication, in 15 currencies, of the price of goods, as well as, if applicable, delivery charges
. Indication of the terms of payment, delivery, or execution
. The existence of a right of withdrawal . The validity period of the offer or the price
. All this information is presented in 2 languages. The consumer declares to have the full legal capacity to engage under these terms and conditions
Article 1: Integrality
These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these terms and conditions. No general or specific condition contained in the documents sent or delivered by the consumer will be able to be integrated into the present ones, since these documents would be incompatible with these general conditions.
Article 2: Purpose
These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the company PROCOMMERCES.COM to the consumer.
Article 3: Contractual Documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions; purchase order. In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: Entry into force – duration
These general conditions come into force on the date of signing the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company PROCOMMERCES.COM.
Article 5: Electronic Signature
The “double click” of the consumer under the purchase order constitutes an electronic signature that has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing that, to the address indicated by the consumer in the order form.
Article 7: Proof of the transaction
The computerized registers, conserved in computer systems of the PROCOMMERCES.COM company under reasonable conditions of safety, will be considered as the proofs of the communications, the orders and the payments made between the parts. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 8: Product Information
8-a: The company PROCOMMERCES.COM presents on its website the products for sale with the necessary characteristics which provides the possibility for the potential consumer to know before the final ordering the essential characteristics of the products he wants to buy.
8-b: The offers presented by the company PROCOMMERCES.COM are valid only within the limits of available stocks.
Article 9: Price
The prices are valid only on the date of the sending of the purchase order by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. Depending on the place of delivery and the status of the customer (professional or individual), PROCOMMERCES.COM automatically calculates VAT. The prices take account of the VAT applicable on the day of the order and any change of the rate applicable VAT will be automatically passed on the price of the products of the on-line shop. Payment of the full price must be made when ordering. At no time, the sums paid can not be considered as a deposit or installments.
Article 10: Method of payment
To pay for his order, the consumer has, at his option, all the payment methods referred to in the order form. The consumer guarantees PROCOMMERCES.COM that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The company PROCOMMERCES.COM reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from officially accredited bodies or in case of non-payment. The company PROCOMMERCES.COM reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute would be under administration. The customer has the possibility to display the prices of the catalog in its national currency by clicking on the currency symbol at the top of the homepage of the site. Payments may be made in 25 currencies however any exchange charges may apply. These costs are the responsibility of the customer.
Article 11: Availability of products
The order will be executed no later than 2 days from the day following the day the consumer placed his order. In case of unavailability of the ordered product, especially because of our suppliers, the consumer will be informed at the earliest and will have the opportunity to cancel his order. The consumer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer is required to check the condition of the packaging of the goods on delivery and to report the damage due to the carrier on the delivery order, as well as to the company PROCOMMERCES.COM, within 2 days. working days. As soon as we make a shipment, you will immediately receive an email informing you.
To minimize transport costs, all low and medium size products are shipped by the postal services. In addition to being economical, this service delivers quickly and offers you the possibility of recovering the products ordered at your post office near the delivery address in case of absence of the initial place of delivery at the presentation of the postman.
Specifically, if you are absent on the day of delivery, your postman will leave you a notice in your mailbox, which will allow you to withdraw your package at your post office during business hours. However, it may be, as in any shipment, that there may be a delay in delivery or that the product goes astray.
In case of delay of delivery compared to the date that we indicated to you in the mail of dispatch, we ask you to announce us this delay by sending us an email. We will then contact the Post Office to start an investigation. If the product is found, it will be re-routed immediately to your home (the majority of cases). If however the product is not found, the Post considers the package as lost. Only then can we send you a replacement product at our expense. If the ordered products were no longer available at this time, we will refund the amount of products concerned by the loss of the carrier. If the product or products were still available, but had changed the selling price on the site, we would apply the new sales prices, either by refunding you by check of the difference, or by asking for a check on this price difference. We do not accept any responsibility for longer delivery times due to the carrier, especially in case of loss of products or strike.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken products …) must imperatively be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the signature of the customer. The consumer must confirm this anomaly by sending the carrier within 2 business days following the delivery date a registered letter with acknowledgment of receipt stating the said claims. The consumer will have to send a copy of this mail by email.
Article 14: Delivery Errors
14-a: The consumer will have to formulate with PROCOMMERCES.COM the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or nonconformity of the products in kind or quality in relation to the indications on the order form. Any claim made after this period will be rejected.
14-b: The formulation of this claim with the company PROCOMMERCES.COM can be made by contacting us by email, clearly specifying your customer number and the reference of the order.
14-c: Any claim not made in the rules defined above and within the time limits can not be taken into account and release the company PROCOMMERCES.COM any responsibility towards the consumer.
14-d: Upon receipt of the complaint, the company PROCOMMERCES.COM will allocate an exchange number of the product (s) concerned (s) and will communicate by email, fax or telephone to the consumer. The exchange of a product can take place only after the allocation to the consumer of an exchange number according to the approach presented above.
14-e: In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to PROCOMMERCES.COM as a whole (accessories and other) and in its original packaging to the next address :
PRO-COMMERCES
2 rue Professeur Joseph Renaut
69 008 LYON
FRANCE
To be accepted, any return must be reported in advance to the Customer Service of PROCOMMERCES.COM. Shipping costs are the responsibility of the company PROCOMMERCES.COM, except in the event that it turns out that the product does not match the original declaration made by the consumer in the return label.
Article 15: Product Warranty
The consumer is expressly informed that the company PROCOMMERCES.COM is not the producer of the products presented as part of the website. Consequently, in the event of damage caused to a person or a good by a defect of the product, only the responsibility of the producer of this one can be sought by the consumer.
Article 16: Cancellation of order
No unilateral order cancellation will be accepted without the agreement of PROCOMMERCES.COM.
Article 17: Right of withdrawal
The consumer has a period of 30 working days to return, at its expense, the products do not suit him. This period runs from the day of the delivery of the consumer’s order. If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day. All returns must be reported in advance to the Customer Service Company PROCOMMERCES.COM by logging on our site in the order tracking after entering your customer number, you can get your order number. The product must be returned to PRO-COMMERCES – 2 rue Professeur Joseph Renaut 69 008 LYON / FRANCE. Only products returned as a whole, in their original packaging intact and intact, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, except for the costs of return. In the event of the exercise of the right of retraction, the consumer has the choice to ask for either the refund of the sums paid, or the exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer. In case of exercise of the right of withdrawal, the company PROCOMMERCES.COM will make every effort to reimburse the consumer within 15 days. The consumer will then be reimbursed by crediting his bank account.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be regarded as fortuitous event or force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all efforts reasonably possible. The party affected by such circumstances will notify the other party within ten business days of the date on which it became aware. The two parties will then approach, within a month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 19: Partial validation
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
Article 20: No waiver
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 21: Title
In case of difficulty of interpretation between any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable Law
These general conditions are subject to french law. This is so for the rules of funds as for the rules of form. In case of dispute or claim, the consumer will first contact the company PROCOMMERCES.COM to obtain an amicable solution. Otherwise the courts of Lyon will be competent regardless of the place of delivery and payment methods accepted.
Article 23: Computers and Liberties
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company PROCOMMERCES.COM involved in the execution of this order. The consumer can write to the company PROCOMMERCES.COM whose contact details are within the confidentiality charter contained in the website, to oppose such communication, or to exercise his rights of access, to correction concerning information concerning him and contained in the files of the company PROCOMMERCES.COM.
Article 24: Shipping and Returns
For more information on delivery and returns: Click here.