Horizon bagages à vivre’s terms and conditions of sells .

1- Preliminary mentions

A) Legal notices
In order to comply with provisions of the law of confidence in the digital economy of June 21 2004 the legal notices requires to identify he publisher of this website will be set below.
This website is edited by the GROUPE HORIZON, registered in Le Mans Tarde and Companies Register under the number 528 273 931 RCS Le Mans, and among the headquarters is located at the 27bis Avenue du Général de Gaulle 72 000 LE MANS FRANCE.
Intracommunity VAT number: 528 273 931 00022
The publication director of the publication is Fréderic ESCOLANO.
The editor is Fréderic ESCOLANO.
This site is hosted by OVH, whose headquarters is located at 2 rue Kellermann Roubaix 59100, which can be reached by telephone at the following number: 09 72 10 10 07
This website has ben realized using the CMS KOCKA solution.

B) Object
This website is freely accessible to all internet users. It is an online selling goods and products website.

C) Acceptance of the Ts&Cs
Subscription to a contract governed by these general conditions, with the publisher of this website implies acceptance, by the user, of the said Ts&Cs. The user also acknowledges that he has read it in full. This acceptance will consist in fact, for the user, of checking the boxe which corresponds to the following sentences : « I agree to the general terms and conditions of use».
Checking the box will be of the same value as a handwritten signature from the user. The user acknowledges the evidential value of the automatic registration systems of the publisher of this website and, except for him prove otherwise, he waives the right to contest them in the event of a dispute.
The acceptance of these general Ts&Cs presupposes that the users have the necessary legal capacity to do so, or otherwise, that they have the authorization of a guardian or curator if they are incapable, their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.

2- Order subscription method and purchasing process

Products are sold within the limits of available stocks. The availability of the products is indicated on the website, in the description sheet of each item.
In order to comply with the provisions of the law on confidence in the digital economy of June 21 2004, the ordering process will be described below:
In order to place an order, the user will be able to select one or more products and add them to his bag. When the order is complete, he will be able to access his bag by clicking on the button provided for this purpose.
By consulting his bag, the user will be able to check the number and nature of every products that he has chosen and will be able to check their unit price as well as the global price of the order. He will have the possibility to remove one or more products from his bag. On this summary the user will also be informed of the option he has or does not have to exercice his right of withdrawal and the time limits that apply to it.
If his order suits him and he wishes to validate it, the user will be able to click on the validate button, he will then access a form in which he will be able to either enter his login if he already has one, or register on the site by completing the form presented to him, with the personal information concerning him.
As soon as he is connected or after he has completed the form perfectly, the user will be asked to check or modify his delivery and invoicing details and will then be invited to make his payment by being redirected for this purpose on the secure payment interface.
Once the payment has actually been received by the publisher website, the latter one undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.
Similarly and within the same time limits, the publisher undertakes to send the user an e-mail summarizing the order and confirming the processing, including all informations relating to the order, the ordered products, their delivery and the terms and conditions for exercising his right of withdrawal.

3- Product prices, taxes and shipping costs

Indicated prices on the website are understood in euros (€), all taxes included and excluding delivery costs. Those prices may be modified at any time by the publisher, the prices displayed are only valid the day of the order, and do not have any effect for the future. The merchant may at any time modify his selling prices even after the order has been placed by the user et those for a pricing error.
Delivery costs will, in any case, be indicated to the user before any payment.
In the event of a delivery outside Europe Union and the French overseas departments and territories, the user is informed that customs duties and other taxes may be payable.
The necessary formalities and the payment of the said duties 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 as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.
The products sold remains the property of the seller until the complete payment of their price, in accordance with this retention of title clause. However, the risks are transferred to the buyer as soon as the products are delivered.

4- Payment informations

The Internet user can place an order on this website and can make his payment by the suggested payment option.
Payments by credit card are made by secure transactions provided by the service provider: CIC.
In the context of credit card payments, the publisher of this website has no access to any data relating to the user's means of payment. Payment is made directly to the bank.
The delivery periods defined in the article below only start to run from the date of actual receipt of payment by the seller, the latter one being able to provide proof by any means.
Payment default, at the end of the terme of any amount due to the publisher will result in the collection of penalties equal to three times the legal interest rate. These penalties will be due from the day after the due date of the unpaid amounts, without prior notice.

5- Delivery or availability

A) Deadline
Orders are delivered by DPD, within 14 working days from the perfect receipt of the price corresponding to the counterpart, by the seller.
Some products or order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the user when validation the order.

B) Delivery error and visible defects
The user undertakes to check the conformity of the product at the delivery of his order. Any error in delivery in relation to the order or apparent defect must be the subject of a complaint within three clear days from the delivery day. After this period, the product will be deemed to have been received in conformity by the user, who will no longer be able to rely on a delivery error or an apparent defect.

C) Damage and partial loss
In case of delivery of clearly and visibly damage package, it is up to the user to refuse it in order to benefit from the guarantee offered by the carrier. The user must also informe the publisher without delay, so that a new package can be prepared and sent as soon as the damaged package is received. In such a case, the delivery times indicated above in these general terms and conditions shall no longer apply.
Similarly, the user must refuse any incomplete parcel or any parcel containing damaged objects. Indeed, in accordance with the article L 133-3 of the French Commercial Code, the receipt of the items transported extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, that follow that day of receipt, the consignee has not notified the carrier, by registered letter, of this justified protest. If this formality is not carried out, the user cannot be compensated.

6- Right of withdrawal and customer service department

A) Customer service department
This website customer service department is available from Monday to Friday, from 9pm to 6am by e-mail with the following e-mail address: infos@bagagesavivre.fr or by postal letter at the following address: GROUPE HORIZON 27bis Avenue du Générale de Gaulle 72 000 LE MANS FRANCE. In both case, the publisher undertakes to give you an answer within 4 working days.

B) The right of withdrawal et products return
In accordance with the legislation in effect, the user has 7 days from the receipt day of the package to ask for a refund. If this time of withdrawal ends a Saturday, Sunday, public holidays, it is extended to the next working day.
In order to exercice this right, it is their responsibility to return the package (at their own expenses) to the address of the publisher’s logistics centre, whose address will be indicated on the package, accompanied by a letter requesting either a refund or an exchange.
Every returns must be made in full (packaging, instructions, accessories, invoice copy) and the returned products must be in perfect recondition for resale, they must not be dirty or damaged (due to their use).
Address for returned articles on the website http://www.bagagesavivre.fr/

C) Delivery delay
All delivery delay higher than 7 days can result in the resolution of the sale on the consumer's initiative, upon written request from him, sent by registered letter with acknowledgement of receipt. The consumer will then be reimbursed for the sums committed by him during the order. This clause is not intended to apply if the delay in delivery is due to the customer’s fault (e.g. incorrect address, etc.) or to case of force majeure beyond the publisher’s control (e.g. natural disaster, flood, bad weather, etc.). The contract will, if applicable, be considered terminated upon receipt of the resolution letter by the publisher.
If the product arrives once the letter of resolution of sale has been received by the consumer and the latter one still wishes to renounce the sale, the consumer must have to return (at his risks) the package to the publisher who will reimbursed the sums incurred during the order as well as the return costs (on simple proof).

7- Guarantee of products buy on this website

On case of deficiency of a product buy on this website, the user has, in accordance with the provisions of the Civil Code concerning the legal guarantee against hidden defects, a period of two years from the discovery of the said defect to request the exchange or refund of the product, and, pursuant to the Article L211-5of the Consumer Code, he will have a period of two years from the receipt of the said product to request the exchange or refund, in the event that the goods delivered do not comply, as defined in that word by the above-mentioned article. In order to exercice one of these rights, it will be up to the customer to contact the publisher’s customer service department.
Certain items acquired on this site benefit, in addition to the guarantee against hidden defects defined by the Civil Code and the guarantee of good conformity imposed by Article L211-5 of the Consumer Code which are, where applicable, still applicable to them and which are defined above, from a conventional guarantee offered by the seller or the manufacturer, the duration of which may vary according to the product, and which will be detailed on the descriptive sheet and the user manual of the product.

8- Specific dispositions due to nature of certain products

All products sold on this website are marketed in compliance with laws and regulations in effect in France. The mandatory posting required by the laws and regulations in effect will be made on this website, and in particular in the description sheet of each item.

9- User space

A) Creation
The creation of a user account is an essential prerequisite for any user order. To this end, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the user account.
Certain informations will be deemed essential for the conclusion of the contract and its collection will be essential for the creation of the conclusion of the contract. The refusal by a user to provide the 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 consult all his orders placed on the website, and also allows him, if necessary to follow the delivery of the products purchased.

B) Operation
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 publisher of this website could not be held liable, as this information has no probative value but only an informative character. However, the publisher undertakes to securely store all contractual elements whose storage 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 general terms and conditions (in particular but without this example being exhaustive in any way, when the user has knowingly provided incorrect information, when registering and setting up his account) or any account that has not been active for at least one year. Such deletion shall not be likely to constitute damage to the excluded user who shall not be entitled to any compensation as a result.
This exclusion is not exclusive of the possibility for the publisher to take legal action against the user where the facts justify it.

C) Password
When creating the user account, the user will be asked to choose a password. This password is the guarantee of the confidentiality of the information contained in his account and therefore he refrains from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.

10- Liability exemption of the publisher

A) Accessibility to the website and force majeur
In case of inaccessibility to the website, due to technical issues or for any nature, the user will not be able to claim any damage and will not be able to claim any compensation.
The unavailability, event extended and without any time limit, of one or more products, cannot constitue a prejudice for the user and can in no way give rise to the granting of damages from the website or its publisher.

B) Products visual representation
Visual representations of the products, published on this website, are guaranteed by the publisher as perfectly faithful of the real product, in order to satisfy to his obligation to provide perfect information. However, in the current state of art, the rendering of these representations particularly in terms of colours or shapes, may vary significantly from one computer station to an other, or may differ from reality depending on the quality of the graphics accessories, and the screen or according to the display resolution. These variations and differences can in no case be attributed to the publisher, who can under no circumstances be held liable for them.
C) Products sold on the website
The publisher undertakes to comply with all applicable provisions in force in France and cannot be held liable for non-compliance with the regulatory and legislative provisions in effect in other countries.
The publisher of this website can in no case be held responsible of a misuse of the products, improper maintenance or accidental damages or the abuse use of the products.
In the context of his activity on this website, the publisher dose not have the status of importer, manufacturer or packager of products sold. The publisher acts only as a reseller of the products offered on his website, as such he cannot be held responsible for any damage of any kind, whether material or immaterial or physical, which could result from a malfunction of the products marketed.
As the products offered for sale on the website are sold uninstalled, the user declares that he is responsible for installing the products in accordance with the rules of the trade and in accordance with the instruction of use.

D) Hypertext links
Hypertext links on this website may lead to other websites and the publisher of this website cannot be held liable if the content of these websites are in agreement with the current legislation. Similarly, the publisher of this website cannot be held liable if the user’s visit to one of these sites causes him any damage.

11- Information relating to the data protection act

A) General-Purpose-Duration:
On one hand the user is free to provide personal informations about himself. The provision of personnel information is not essential for navigation on the website. On the other hand, registration on this website requires the publisher to collect a certain amount of personal information about the user. The user who does not wish to provide the required informations will not be able to place an order on this website.
These collected datas are necessary for the proper administration of offered services on this website and for the fulfillment of the publisher’s contractual obligations. These data are kept by the publisher in this sole capacity, and the latter one undertakes not to use them in any other context, either to transmet them to a third people, excluding express deal of the users or cases planned by the law.
The contact details of all users registered on this website are saved for 12 months, a reasonable period of time necessary for the proper administration of the site and normal use of the data. These data are stored in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection the Act of 6 January 1978.
B) Right access, rectification and opposition
In accordance to the French Data Protection Act, the user has a right to oppose, question, access and rectify the data provided. To do so, he has to make a request to the publisher of this website, by sending it to the following e-mail address: infos@bagagesavivre.fr, or by postal letter at the headquarters mentioned at the beginning of these general conditions.
These collected personal datas are the subject of a computer processing, and are exclusively reserved to the website’s publisher.
The person in charge of this processing is Frédéric ESCOLANO
Declarant number at the CNIL (French ICO): 1991589v 0 from the 2016/09/16

C) IP-address
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to ensure the proper administration of the services offered on this site. The IP address is a series of separate numbers of points that allow a computer to be uniquely identified on the Internet network.
The publisher must communicate all personal data relating to a user to the Police (upon judicial requisition) or to any person (upon judge’s order). The IP address of your computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet Service Providers).

12- Information relating to the collection of « cookies »

A) General-Purpose-Duration
In order to allow the user an optimal navigation on this website, as well as a better functioning of the various interfaces and applications, the publisher may install a cookie on his computer.
This cookie makes it possible to store informations relating to navigation on the site (date, page, time), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of time of up to 12 months, and may be read and used by the publisher during a subsequent visit by the user to this site.

B) Right to object to the installation of the cookie
The user can block, modify the storage period or delete this cookie via the interface of his browser (usually: tools or options / privacy or confidentiality). In such a case, the navigation on this website will not be optimized. If the systematic deactivation of cookie on the user’s browser prevents him from using certain services or features provided by the publisher, this malfunction can in no way constitute damage to the user who will not be able to claim compensation as a result.

C) Cookie’s suppression
The user also has the possibility to delete cookies previously present on his computer, by going to the menu of their browser provided for this purpose (usually: tools or options / privacy or confidentiality). Such an action has no impact on your browsing on this site, but causes the user to lose all the benefit of the cookie. In this case, he will have to re-enter all the information concerning him.

13- Intellectual property on website’s elements

All the elements constituting this website belong to the publisher or are the subject to an operating licence and are protected by intellectual property legislation.
Therefore the user acknowledges that, in the absence of authorization, any total or partial copy, distribution or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings against him by the publisher or his successors in title.
This protection will cover all the textual and graphic content of the website, but also its structure, name and graphic charter.
Similarly, the user acknowledges that he is informed that these general conditions have been filed with a court bailiff and that any reproduction, even partial, of this document may be the subject of legal proceedings for economic parasitism.

14- General provisions and applicable law

A) Ts&Cs’ modifications
These terms and conditions can me modified at any time by the publisher of the website or his representative. These general conditions applicable to the user are those in force on the day of his order. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.

B) Applicable law and competent jurisdictions
These terms and conditions are subject to the French law application and the exclusive jurisdiction of the French court. The language of the contract is French, any version available in a foreign language on the site is for information purposes only.
Similarly, this site may be translated in various languages in order to facilitate the navigation of non-french-speaking users who wish to order on the site.
In case of a dispute with a client, who is a professional, as defined by the French court, exclusive jurisdiction is vested in the courts within whose jurisdiction the publisher is established.

C) Amicable dispute settlement
Except for public policy provisions, any disputes that may arise in connection with the execution of these general terms and conditions may, before any legal action is taken, be submitted to the website publisher for amicable settlement. It is expressly recalled that request for amicable settlement do not suspend the time limits for initiating legal proceedings.

D) Divisibility
If one of the clause of these general terms and conditions were to be declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to produce their effect.

E) No renunciation
The fact that the publisher does not avail himself temporarily or permanently of one or mores clauses of these general terms ans conditions shall in no case entail a renunciation of his right to avail himself of the rest of the general terms and conditions.

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