The present general conditions of sale apply to any purchase made by an Internet user on the Internet site https://www.pro-starled.fr from Pro-Starled, SAS Tryum, SAS registered in the Saint Quentin Trade and Companies Register under number 79478668100013, having its registered office at 1 route de Brancourt 02320 Anizy le Chateau France Tel: 03.52.74.00.77, Fax: 09.55.60.77.77, e-mail:
Important Any order placed on the Pro-Starled.fr site necessarily implies the customer's unreserved acceptance of these general conditions of sale.
Article 1. Definitions
The terms used hereafter have, in the present general conditions, the following meaning:
Customer: indicates the co-contracting party of the salesman, who guarantees to have the quality of consumer such as defined by the right and the French jurisprudence. In this respect, it is expressly stipulated that this customer is acting outside of any usual or commercial activity.
Delivery: shall mean the first presentation of the Products ordered by the Customer at the delivery address indicated when the order was placed.
Product: shall designate all products available on the site.
Delivery zone:
Starled.fr offers delivery of its products in France, Corsica, DOM/TOM and worldwide.
Product : Refers to all products available on the site.
Territory: Refers to metropolitan France, including Corsica, DOM/TOM and the rest of the world.
Article 2. Subject
The present General Conditions govern the sale of products by Starled.fr to its clients.
The customer is clearly informed and acknowledges that the site is aimed at consumers and that professionals must contact the sales department of the seller in order to benefit from distinct contractual conditions. The customer undertakes to read the present General Conditions carefully and to accept them, before proceeding with the payment of an order for products placed on the Pro-Starled.fr site.
The present General Conditions are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the order. The customer is invited to carefully read, download and print the General Conditions and to keep a copy.
Starled.fr advises the customer to read the general conditions with each new order, as the latest version of these conditions applies to all new product orders.
By clicking on the first button to place the order and then on the second to confirm the said order, the customer acknowledges having read, understood and accepted the general conditions without limitation or condition.
Article 4. Opening an account and purchasing products on the site.
To be able to purchase a product, the customer must be at least 18 years old and have legal capacity or, if he/she is a minor, be able to justify the agreement of his/her legal representatives.
The customer will be asked to provide identifying information by completing the form available on the site.
The mandatory fields the * sign indicates must be filled in for the customer's order to be processed by Starled.fr. The customer can check the status of his order on the site. Delivery tracking can, if necessary, be carried out using the online tracking tools of certain carriers. The customer can also contact the Starled.fr sales department at any time by e-mail at contact@starled.fr in order to obtain information on the status of his order.
The information that the customer provides to Starled.fr during an order must be complete, exact and up to date. Starled.fr reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
Article 5.1 Product characteristics
Starled.fr endeavours to present as clearly as possible the principal characteristics of the products on the information sheets available on the site and the customer commits himself reading this information carefully before placing an order on the site.
Pro-Starled.fr reserves the right to modify the selection of the products available on the site, in particular according to the constraints related to its suppliers.
Unless expressly indicated otherwise on the site, all products sold on the Starled.fr site are new and conform to current European legislation and standards applicable in France.
Article 5.2. Order procedure
Product orders are placed directly on the site. To place an order, the customer must follow the steps described below. Please note, however, that depending on the customer's start page, the steps may differ slightly.
5.2.1. Product selection and purchase options
Customers must select the product(s) of their choice by clicking on the product(s) concerned and choosing the desired characteristics and quantities. Once the product has been selected, it is placed in the customer's basket. Customers may then add as many products as they wish to their basket.
5.2.2. Orders
Once the products have been selected and placed in the customer's basket, the customer must click on the basket and check that the contents of the order are correct. If the customer has not already done so, they will then be invited to identify themselves or register.
Once the customer has validated the contents of the basket and logged in/registered, an automatically completed online form will be displayed, summarising the price, applicable taxes and, where applicable, delivery charges.
Customers are invited to check the content of their order (including the quantity, characteristics and references of the products ordered, the billing address, the payment method and the price) before validating its content.
The customer may then proceed to pay for the products by following the instructions on the site and providing all the information required for invoicing and delivery of the products.
In the case of products for which options are available, these specific references will appear when the correct options have been selected.
Orders placed must include all the information required to process the order correctly.
The customer must also indicate the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the site to acknowledge receipt of the customer's order. A copy of the acknowledgement of receipt of the order is automatically sent to the customer by e-mail, provided that the e-mail address communicated via the registration form is correct.
Starled.fr does not send order confirmations by post or fax.
5.2.4. Billing
During the ordering process, the customer will have to enter the necessary invoicing information. The * sign will indicate the mandatory fields that must be filled in for the customer's order to be processed by Starled.fr.
In particular, the customer must clearly indicate all information relating to delivery, in particular the exact delivery address, as well as any possible access code to the delivery address.
The customer must then specify the chosen method of payment.
5.3. Order date
The order date is the date on which Starled acknowledges receipt of the order online. The delivery times indicated on the website only start from this date.
For all products, the customer will find the prices displayed on the site in euros, all taxes included, as well as the applicable delivery costs depending on the weight of the parcel, excluding packaging and gifts, the delivery address and the carrier or mode of transport chosen.)
In particular, prices include VAT at the rate in force on the order date. Any change in the applicable rate may have an impact on the price of the products from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the product sold.
Supplier prices are subject to change.
Consequently, the prices indicated on the site may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid unless there is a gross error. The applicable price is that indicated on the site on the date the order is placed by the customer.
5.5. Product availability
Depending on the product concerned, Starled.fr applies a "just in time" stock management.
management. Consequently, depending on the case, the availability of the products depends on the stocks.
Starled.fr undertakes to honour orders received provided that the products are available.
The unavailability of a product is in principle indicated on the page of the product concerned. Customers can also be informed of the restocking of a product by Pro-Starled.
.
In any case, if the unavailability was not indicated at the time of the order,
the salesman commits himself informing the customer without delay if the product is unavailable.
Pro-Starled.fr can, at the request of the customer:
Either propose to dispatch all products at the same time as soon as the products in
Pro-Starled.fr may, at the customer's request
Or proceed with a partial dispatch of the available products at first, then with the dispatch of the rest of the order when the other products are available.
the rest of the order when the other products are available, subject to clear information concerning the additional
which may be incurred,
Or offer an alternative product of equivalent quality and price, accepted by the
accepted by the customer.
If the customer decides to cancel his/her order for unavailable products, he/she will be reimbursed for all sums paid for the unavailable products, without delay and at the latest within thirty days of payment.
Article 6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the "Withdrawal Policy", which is available in Annex 1 hereto and can be accessed at the bottom of each page of the site via a hypertext link.
Article 7. Payment
7.1. Means of payment
The customer can pay his products on line on the site according to the means proposed by Pro-Starled.
The customer guarantees the seller that he has all the necessary authorisations to use the chosen means of payment.
Pro-Starled.will take all the necessary measures to guarantee the safety and the confidentiality of the data transmitted on line within the framework of the payment on line on the site.
It is specified that all the information relating to the payment provided on the site are transmitted to the bank of the site and are not treated on the site.
7.2. Payment date
In the case of a single payment by credit card, the customer's account will be debited as soon as the order for products is placed on the site.
In the event of partial delivery, the total amount will be debited from the customer's account at the earliest when the first parcel is dispatched. If the customer decides to cancel their order for unavailable products, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other means of payment, the customer will have to pay the amount owed by the customer. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the customer proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the customer corresponding to an order of an amount higher than 120 euros including all taxes will be archived by Pro-Starled during a duration of ten 10 years in accordance with the article L. 134-2 of the code of consumption.
Pro-Starled. accepts to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the customer.
In the event of a dispute, Pro-Starled. will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
Pro-Starled. remains the owner of the delivered products until their complete payment by the customer.
The provisions above do not prevent the transfer to the customer, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the products which are the subject of the reservation of title, as well as the risks of damage which they may cause.
Article 10. Delivery
The terms and conditions of delivery of the products are set out in the "Delivery Policy" referred to in Annex 2 hereto and accessible at the bottom of each page of the site via a hypertext link.
Article 11. Packaging
The products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the products during delivery. Customers undertake to comply with the same standards when returning products under the conditions set out in Annex 1 - Withdrawal Policy.
12.1. Guarantee of conformity
The seller is obliged to deliver a product that conforms, i.e. that is fit for the use expected of a similar good and corresponds to the description given on the site. This conformity also supposes that the product presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by Pro-Starled, including in the advertisements and on the labelling.
Within this framework, Pro-Starled. is likely to answer for the defects of conformity existing at the time of the delivery and the defects of conformity resulting from the packing, the instructions of assembly or the installation when this one was placed at its load or was carried out under its responsibility.
Any action resulting from a lack of conformity is time-barred after two years from delivery of the product.
In the event of a lack of conformity, the customer may request the replacement or repair of the product, at his or her discretion.
The consumer is exempt from having to prove the existence of a lack of conformity in the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
However, if the cost of the customer's choice is manifestly disproportionate compared to the other possible option, taking into account the value of the product or the importance of the defect, Pro-Starled. will be able to proceed with a refund, without following the option chosen by the customer.
In the hypothesis or a replacement or a repair would be impossible, Pro-Starled makes a commitment to restore the price of the product under 30 days with reception of the turned over product and in exchange for the return of the products by the customer to the following address 1 route de Brancourt 02320 Anizy le chateau.
12.2 Guarantee against hidden defects
The seller is liable for any hidden defects in the product sold which render it unfit for the use for which it was intended, or which reduce this use to such an extent that the customer would not have purchased it, or would only have paid a lower price for it, if he had known about them.
This guarantee allows the customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the product if it is returned and reimbursement of part of its price if the product is not returned.
In the hypothesis or a replacement or a repair would be impossible, Pro-Starled makes a commitment to restore the price of the product under 30 days with reception of the turned over product and in exchange for the return of the product by the customer to the following address:SAS Starled.fr I route de Brancourt 02320 Anizy le château.
The action resulting from hidden defects must be brought by the customer within two years of the discovery of the defect.
Article 13. Liability
The responsibility for the salesman could not in no case be committed in the event of inexecution or bad execution of the contractual obligations ascribable to the customer, in particular at the time of the seizure of its order.
Pro-Starled cannot be held responsible, or considered as having failed in the present, for any delay or non-execution, when the cause of the delay or the non-execution is related to a case of force majeure such as it is defined by the jurisprudence of the French courts and tribunals.
It is also specified that Pro-Starled does not control the websites that are directly or indirectly linked to the site. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for information purposes only and no guarantee is given as to their content.
Article 14. Personal data
Starled.fr collects personal data about its customers on the website, including through the use of cookies. Customers can deactivate cookies by following the instructions provided by their browser.
The data collected by Pro-Starled is used to process orders placed on the site, manage the customer's account, analyse orders and, if the customer has chosen this option, send him commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the customer no longer wishes to receive such communications from the seller.
The data of the customer are preserved confidentially by Pro-Starled in accordance with its declaration carried out near the CNIL, for the needs for the contract, of its execution and in the respect for the law.
Customers can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
Data may be communicated, in whole or in part, to the seller's service providers involved in the order process. For commercial purposes, Pro-Starled may transfer the names and contact details of its customers to its commercial partners, provided that the latter have given their prior agreement when registering on the site.
The seller will specifically ask customers if they wish their personal data to be disclosed. Customers can change their mind at any time on the website or by contacting Starled.
Starled may also ask its customers if they wish to receive commercial solicitations from its partners.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the customer benefits from a right of access, of correction, of opposition for legitimate reasons and of suppression of his personal data. He can exercise this right by sending an e-mail to the address: contact@starled.fr or by sending a letter to Pro-Starled 1 route de Brancourt 02320 Anizy le château.
It is specified that the customer must be able to prove his identity, either by scanning an identity card, or by sending a photocopy of his identity card to the seller.
Article 15. Complaints
Starled.fr provides the customer with a customer telephone service on the following number: 03.52.74.00.77, a number that is not surcharged.
Any written complaint of the customer will have to be transmitted to the following address: Pro-Starled.fr 1 route de Brancourt 02320 Anizy le château.
Article 16. Intellectual property rights
All the visual and sound elements of the site, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the vendor. Any person who publishes a website and wishes to create a direct hypertext link to the site must request authorisation from the seller in writing.
Under no circumstances will the seller's authorisation be granted on a permanent basis. This link must be removed at the seller's request. Hypertext links to the site using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Terms and Conditions
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Under no circumstances shall such a modification or decision authorise customers to disregard these General Terms and Conditions. Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Article 18. Modification of the General Terms and Conditions
These General Terms and Conditions apply to all purchases made online on the site, for as long as the site is available online.
The General Terms and Conditions are dated precisely and can be modified and updated by Starled at any time. The applicable General Terms and Conditions are those in force at the time of the order.
Changes to the General Terms and Conditions will not apply to products that have already been purchased.
Article 19. Jurisdiction and applicable law
The present General Terms and Conditions as well as the relationship between the customer and Starled are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to the arbitral or state courts, negotiation will be preferred in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any conflict relating to the present contract, including any conflict relating to its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in respect of the dispute which is the subject of the negotiation. By way of exception, the parties are authorised to refer the matter to the summary proceedings court or to apply for an order on petition. Any action before the court of summary jurisdiction or the implementation of a procedure on request does not imply any waiver on the part of the parties of the amicable settlement clause, unless they expressly wish otherwise.
APPENDIX 1
Withdrawal policy
Principle of withdrawal
In principle, the customer has the right to return the product to SAS TRYUM Starled, without excessive delay, and at the latest within fourteen 14 days following the communication of his decision to retract, unless Starled proposes to recover the product itself.
Personalised or made-to-measure products
The supply of goods made to the consumer's specifications or cut to length according to the length variations available on the site are not eligible for the right of withdrawal.
Sealed products
Products sealed in blister packs and unsealed by the consumer will be considered as used and are not eligible for the right of withdrawal.
Withdrawal period
The withdrawal period expires fourteen 14 calendar days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the product.
If the customer's order includes several products and if these products are delivered separately, the withdrawal period expires fourteen days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last product.
Notification of the right of withdrawal
To exercise his right of withdrawal, the customer must notify his decision to withdraw from this contract by means of a statement unambiguous to : Pro-Starled.fr 1 route de brancourt 02320 Anizy le château.
He can also use the form below:
Withdrawal form:
I hereby notify you of my withdrawal from the contract for the sale of the product.
below :
Product reference
Invoice number :
Order number :
-Ordered on [____________]/received on [________________]
-Payment method used :
-Name of customer and, if applicable, order recipient :
-Customer address :
-Delivery address :
Signature of the customer except in the case of transmission by e-mail In order for the withdrawal period to be respected, the customer must transmit his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In case of retraction on the part of the customer, Starled commits itself to reimburse all sums paid, including delivery costs, without undue delay and in any case no later than fourteen days from the day the customer is informed of the customer's wish to retract.
Starled will reimburse the customer using the same means of payment that the customer used for the initial transaction, unless the customer expressly agrees to a different means of payment, in any case this reimbursement will not incur any costs for the customer.
Starled can postpone the refund until receipt of the goods or until the customer has provided proof of dispatch of the goods, whichever comes first.
Terms of return
The customer will have, without excessive delay and, in any event, at the latest fourteen days after communication of his decision to retract from this contract, to return the good, to : Pro-Starled.fr 1 route de brancourt 02320 anizy le chateau.
This period is deemed to have been respected if the customer returns the goods before the fourteen day period has expired.
Return costs
The customer shall bear the direct costs of returning the goods.
Condition of the returned goods
The product must be returned in accordance with the seller's instructions and include all the accessories delivered.
The customer shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this product. In other words, the customer has the possibility of testing the product but may be held liable if it is handled in a manner other than that required.
The products are packaged in accordance with current transport standards, in order to guarantee maximum protection during delivery. Customers must comply with
the same standards when returning products.
In this respect, the customer is invited to return any product that does not suit him/her in its original packaging and in good condition, suitable for remarketing.
Please note: On receipt of the parcel, our services will check the conformity of the returned product. If the returned product does not comply, the cost of repair or reconditioning may be deducted from the refund.
Similarly, if the product has been used, a discount proportional to the use and depreciation of the good will be applied.
Sealed products
Products sealed in blister packs and unsealed by the consumer will be considered as used and are not eligible for the right of withdrawal.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Supply of goods made to the customer's specifications or clearly personalised, cut to size.
Supply of goods which by their nature are indissociably mixed with other items.
Dispatch times
The lead times for preparing an order and then drawing up the invoice, before dispatch of products in stock, are given on the site. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the customer when the products are dispatched, provided that the e-mail address given on the registration form is correct.
Delivery times & costs
During the ordering process Starled will inform the customer about the possible delivery times and shipping formulas for the purchased products.
The shipping costs are calculated according to the delivery method. The amount of these costs will be due by the customer in addition to the price of the purchased products.
Delivery times and costs are detailed on the website.
Delivery terms and conditions
The parcel will be delivered to the customer against signature and on presentation of proof of identity.
If the customer is absent, a delivery notice will be left so that they can collect their parcel from the post office.
Delivery problems
Customers are informed of the delivery date when they choose the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty days. If this is not the case, the customer must give Starled formal notice to deliver within a reasonable period of time and if the goods are not delivered within this period of time, the customer can cancel the contract.
The seller will reimburse the customer for the total amount paid for the products, including taxes and delivery costs, within fourteen days of receipt of the letter of cancellation at the latest, using the same method of payment that the customer used to purchase the products.
Starled is responsible until the product is delivered to the customer. It is reminded that the customer has a period of three days to notify the carrier of damage or partial loss noted during delivery.
Information on the Bloctel system (ART L 223-2)
The information you give us when placing your order will not be passed on to any third party.
This information will be considered confidential.
It will only be used by the internal services of Starled.fr, to process your order and to reinforce and personalise communication.
When a professional collects telephone data from a consumer, he informs the consumer of his right to register on the "opposition to telephone canvassing" list.
opposition to telephone canvassing. Where this information is collected at the time of concluding a contract, the contract shall state, in a clear and comprehensible manner, the name and address of the trader.
in a clear and comprehensible manner, the existence of this right for the consumer.
You can register on the Bloctel website: https: //www.bloctel.gouv.fr to be added free of charge to the list of people opposed to telephone canvassing.
This enables anyone to refuse to be canvassed by a professional with whom they have no current contractual relationship.