These general terms and conditions for the sale of accessories (hereinafter the “General Terms and Conditions for the Sale of Accessories or GTCS”) apply to the sale of accessories (hereinafter referred to as the “Accessory (ies)”) by Games.fr (Simplified Stock Corporation with capital of € 1 000 000, RCS B 339 702 870 Lille métropole) on the www.aromasound.eu website published by Bigben Interactive (Simplified Stock Corporation with capital of € 39 397 408 , RCS B 320 992 977 Lille Métropole), available at this address: http://www.bigben.fr.
I.DESIGNATION OF THE VENDOR
GAMES.FR, with capital of € 1 000 000, registered in the Trade & Companies Registry under number 339 702 870 - (identification n° 33970287000041) – Head office: CRT N°2 RUE DE LA VOYETTE 59818 LESQUIN - Telephone : +33 (0)18.104.22.168.30. Intracommunity VAT number: FR 44339702870. GAMES.FR is a wholly-owned subsidiary of Bigben interactive.
II.Conditions OF application
These General Terms and Conditions for the Sale of Products apply to all orders placed from a distance by a natural person who has the legal capacity to act, and does so on his own behalf as a consumer directly on the Site accessible at this address: www.aromasound.eu – access to the Site via any desktop or mobile apparatus for smartphones or tablets (hereinafter referred to together as the «Site »).
Exclusions from application
These GTCS do not apply to professionals. Any natural person or public or private legal entity, acting in the context of its commercial, manufacturing, handicraft or agricultural business, or as a self-employed person, including when it acts on behalf or for the account of another professional, is deemed to be a professional. To open a business account, please contract Bigben’s business account department at +33 (0)3 20 90 72 00.
Changes in the GTCS
Bigben may change these GTCS at any time. You shall read them and strictly accept them before placing any order.The applicable GTCS are those that appear on the Site upon placement of your order, and accompany the email confirming your order.The placement of an order on the Site implies full and unconditional acceptance of the GTCS in effect at the time of the order.
III.ORDERS OF PRODUCTS ON THE SITE
To place an order for one or more Products (hereinafter the “Product (s)”), you must have a valid bank card or a Paypal account, with delivery to be made at your domicile in metropolitan France or any country of the European Union.
Only orders for which your payments and files are approved by GAMES.FR beforehand, will be taken into account.
You must have a valid email address accessible from a computer.
When placing your order, you select the Product (s) you want. A summary of your order appears on line, which you may change or accept for confirmation of your order.
When placing your order, you must take cognizance of these “General Terms and Conditions of Sale of Products”, read them, and, if applicable, tick off the box to accept them.
You will then receive a confirmation of your order at your email address.
The electronic data contained in the purchase order that you have filled out and validated have probative value. Prior to delivery of the Product (s), GAMES.FR reserves the right to verify this information.
IV.THE PRICE OF PRODUCTS
The price of Products (apart from delivery costs) is that which is indicated on the corresponding product sheet, which is accessible on the Site. Bigben reserves the right to change the price of its Products at any time in compliance with the applicable legislation.
You will be billed for the products you ordered based on the current price on the Website upon confirmation of your order.
The applicable price is that which is indicated on the summary of your order (appearing on the confirmation email).
The price of the Product (s) stated in euros, all taxes included, excluding the delivery cost, is due and payable upon placement of the order.
The price of eligible products is indicated on the product sheet and includes the eco-tax amount.
You may verify the cost of delivery of our order when you select the delivery mode.
The costs charged in addition to the price of the Product (s) are indicated as your order progresses and are billed at the end of the order.For professionals, any late payment gives rise to the charging of a penalty equal to 3 times the legal interest rate.
Since neither Ni GAMES.FR nor AROMASOUND.EU have stock in reserve, adding a product or service in the basket does not guarantee its availability or its price.
Unless otherwise specified, the Products are available as long as they are displayed on the Site. If a Product is missing, GAMES.FR will contact you by email or telephone within seventy-two (72) working hours from the date of your order.
You will be told in this communication when the Product (s) may be delivered.
If an ordered Product is definitively unavailable, you may request a refund of the price of the entire order if it has already been billed and paid, within thirty (30) days after the payment; or you may request a replacement with a Product of the same price.
Orders are delivered in metropolitan France, and in the countries indicated on the www.aromasound.eu website at the address you give at the time of the order. You may be asked to provide identification upon delivery of the order to enable the carrier to verify that your identity is the same as that which was given at the time of your order.
In the absence of validation of your order, you will be advised of its cancellation or you will be asked to provide additional documents proving your identity. In the latter case, the preparation of your order will resume as of receipt and validation of said documents.
Subject to availability and the receipt and validation of your documentation and of the means of payment proposed by GAMES.FR on the date of the order, your order will be delivered latest on the date indicated on the page for selection of the delivery mode before the definitive validation of your order.
For orders placed during non-business days (weekends and holidays), the time for delivery is calculated from the first business day thereafter.
You have twenty-four hours (24h) after delivery of the Product (s) within which to report any missing item by calling the GAMES.FR Commercial Hotline at 03 20 90 72 18 (Charge of a local call from a land phone) or by email at firstname.lastname@example.org to enable GAMES.FR to assert its rights to the carrier.You are informed within five (5) days, of the time for shipment of the missing item after verification by GAMES.FR.
Delivery of damaged Products
Upon the receipt or pickup of your order, you must verify the condition of the parcel (s) received and indicate any nonconformity on the delivery slip or refuse delivery.
If, after you accepted the parcel, you observe that the Product (s) ordered is/are damaged, you may report such damage:
-by calling the GAMES.FR commercial Hotline at 03 20 90 72 18 (charge of a local call from a land phone)
-or by writing to email@example.com
within three (3) business days after receipt of your order.
VII. TRANSFER OF OWNERSHIP AND RISKS
The transfer of ownership of the Product (s) ordered occurs upon the actual payment in full of the principal price and the price of Accessories.
A default in payment for the Product (s) ordered may result in GAMES.FR’s claim of ownership of said Product (s).
The risks (particularly those of theft, loss and damage) are transferred to you upon delivery of the Product (s), and no reimbursement shall be asked of GAMES.FR in that regard.
VIII.Conditions with respect to return of PRODUCTs
A.RIGHT OF RETRACTION
In accordance with article L 221-18 of the Consumer Code, (except in the situations specified in article L. 221-28 of that code), you have a right of retraction that you may use within 14 (fourteen) days from the day following the delivery date of your order. In the event of an order including several products, this period of fourteen days commences to run as of the day following the date of receipt of the last Product (with the postage serving as proof of the sending date). When the period of fourteen (14) days expires on a Saturday, Sunday or holiday, it is extended to the next business day.
The aforesaid time for retraction does not apply to products which are susceptible to alterations that may compromise their healthiness such as essential oils in the form of synergies, or pure essential oils when they are opened.
Procedures for retraction
To retract, you may:
download the form for retraction (hereinafter in Appendix 2), print it, fill it out, and send it by email to firstname.lastname@example.org;
write to AROMASOUND C/O GAMES.FR, 396 rue de la Voyette, CRT2 FRETIN, CS 90414- 59814 LESQUIN CEDEX, France, to inform it of your intention to retract;
- or contact the customer department (see article VIII above).
In any event, the retraction documents must contain at least the customer’s surname and given names, the email given upon placement of the order, the order number and the invoice.
B.RETURN OF PRODUCTS
You must return to the Vendor the product (s) for which retraction is exercised, within a reasonable time and, in any event, within fourteen (14) days following the date on which you give notice of your decision to retract.This time limit is deemed to be complied with if the product (s) is/are returned prior to expiration of the fourteen-days period.
You may ask for a reimbursement of payments for the Product (s) ordered, or for an exchange of products, at the address indicated by GAMES.FR, or by telephoning 03 20 90 72 18 (Charge of a local call from a land phone).
The costs of return are charged to the customer.
Products are returned under your responsibility and at your expense. Any damage incurred by the Product (s) during the return obviates your right of retraction.We recommend that you insure the shipment of the Product (s) returned. Even if such insurance is optional, it may be useful for your protection against possible breakdown, loss or theft.
The Product (s) for which reimbursement is requested must be returned by registered post for security reasons.
The Product (s) must be returned in the initial packaging and in good condition, with all accessories and documentation. It/they must be in perfect condition for resale. Hence, there will be no refund for a Product that is incomplete or damaged due to handling other than that which is necessary to establish its nature, characteristics and/or proper functioning.
An incomplete order returned to the indicated address, and/or in the absence of a reference number for the returned Product (s), and/or a return of the Product (s) to an address different from that which is indicated by GAMES.FR, will not be treated as a return and, therefore, will not be reimbursed.
C.TERMS AND CONDITIONS OF REFUND
If you exercise the right of retraction, you will be reimbursed within thirty (30) business days following the date on which you exercised said right. However, GAMES.FR may defer the time for reimbursement until actual recovery of the products.
It is specified that a Product for which there was a promotion will be reimbursed at the price that you have paid or which should have been paid if the Product no longer qualified for the promotion. In other words, the refund will cover the price of your order billed and collected by GAMES.FR.
Only the costs of return are charged to you, unless you chose to receive a replacement Product if the Product (s) was/were unavailable.
IX. WHOM TO CONTACT?
You may submit any commercial question at this email address: email@example.com (emails processed when written in French or English), or by telephone at 03 20 90 72 18 (charge of a local call from a land phone in France). This commercial hotline manages only calls in French. The business hours of our commercial service are from 9 :00 a.m. to 5:00 p.m., Monday through Friday. This service is not available weekends and holidays, whether by email or telephone.
X.YOUR PRODUCT GUARANTEE
The legal warranties and, possibly, a manufacturer’s guarantee are provided for all Products. In that event, please refer to the instructions for use of your Product to take cognizance of these warranties and consult the questions/responses on our www.aromasound.eu website (assistance rubric) before contacting our technical department. This department does not deal with problems related to your order, but deals solely with technical defects in your electronic Product.
If you observe a malfunctioning of your Product, you may contact us by email at firstname.lastname@example.org (only email written in French & English will be considered). If the breakdown appears to be covered by a guarantee, we will exchange your Product after its receipt. To that end, you must follow the procedure explained by our technical department. Upon receipt of your Product, it is analyzed by our technicians. If it is confirmed that the breakdown is covered by the aforesaid guarantee, we will send a new Product to your domicile in metropolitan France.
We will commit to send a Product of an identical or higher quality.
If, after analysis of the Product, it turns out that the breakdown is not covered by the aforesaid guarantee, we will return your Product, if we receive your confirmation by email, with the re-shipment costs being charged to you.
In any event, it is your responsibility to retain the purchase documentation in order to be covered by the guarantee. This documentation will be requested for any correspondence with our technical department.
It is specified that, in the context of a legal guarantee of conformity, the consumer : has two years from delivery of the product within which to act vis-à-vis his vendor; may choose between a repair or replacement of the product, subject to the conditions with respect to cost specified by article L. 217-9 of the Consumer Code;
is exempt from the obligation to prove the existence of defects in the product within six months after its delivery. This time is extended to 24 months as of 18 March 2016, except for used products.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover your product. The consumer may decide to exercise the guarantee covering hidden defects in a sold product within the meaning of article 1641 of the Civil Code; in that event, he may decide to cancel the sale or ask for a reduction in the sale price pursuant to article 1644 of the Civil Code.
The manufacturer’s guarantee does not exclude the legal guarantee of conformity or the guarantee covering hidden defects reproduced at the end of this article.
The commercial and manufacturer’s warranties are valid for a normal use of the Product (s), and, in particular, do not cover:
- Damage not caused by the Product itself: Negligence, improper use, collision or fall, improper connection, the effects of excess electrical voltage, insufficient protection against humidity, heat, frost, lightning, water damage, changes, repair or attempts made by a person not authorized by BIGBEN, and, more generally, any damage caused after delivery.
- Damage incurred by the user due to improper functioning of the Product (s), particularly any operating loss or commercial, financial or nonfinancial injury.
- Loss, theft or breakdown of the Product(s).
XI.COMPUTERIZED DATA PROCESSING AND INDIVIDUAL RIGHTS
In using our online order services, we will collect some personal data.
Personal data are processed pursuant to the provisions of the Policy for Customers’ Personal Data, available in the «Confidentiality Policy» at the bottom of the page of the aromasound.eu site.
In accordance with article 34 of the Act regarding “Computerized Data Processing and Individual Rights » of 6 January 1978 and with the General Data Protection Regulation (GDPR) in effect since 25 May 2018, you have the right to access, rectify or entirely or partially delete your data at any time during the retention period. You also have the right to oppose the processing of your personal data, request a limitation thereof, or a transfer thereof when such is feasible. Finally, you may send instructions to Bigben regarding the use of your data after your death. You may exercise your rights by submitting a request at this address: email@example.com. You have the right to file a complaint with the French data protection authority (known in France as CNIL) or with any other authority that has jurisdiction in that regard.
These General Terms and Conditions for the Sale of Products are governed by French law. Any dispute that might arise regarding the construing or execution of these GTCS shall be submitted to the Commercial Court of Paris, except for disputes with non-merchants, for which the rules of legal jurisdiction apply.
Appendix 1: Articles related to the legal guarantee and the guarantee against latent defects
Appendix 2: Retraction form