General Terms and Conditions of Sale
The online store of the website www.securityjack.fr has been set up by the company PR OPTIMIZATION, which operates this website. Any order placed for a product available in the online store of the website www.securityjack.fr requires prior consultation of these general terms and conditions. Consequently, the customer acknowledges being fully informed that their agreement to the content of these general 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 framework of the website store. The customer has the option to save or print these general terms and conditions, it being specified that both the saving and printing of this document are their sole responsibility. The online store set up by the company PR OPTIMIZATION within the framework of the website mentions the following information:
1 legal notice allowing precise identification of the company PR OPTIMIZATION
2 presentation of the essential characteristics of the goods offered
3 indication, in Euros, of the price of goods, as well as, where applicable, delivery charges
4 indication of payment, delivery, or performance terms
5 the existence of a right of withdrawal
6 the validity period of the offer or price
7 the conditions for terminating the contract when it is of indefinite duration or of a duration exceeding one year
8 All of this information is presented in French. The customer declares having full legal capacity allowing them to commit under these general terms and conditions.
Article 1: Entirety
These general terms and conditions express the entirety of the parties' obligations. In this sense, the customer is deemed to accept without reservation the entirety of the provisions set forth in these general terms and conditions. No general or specific conditions appearing in documents sent or provided by the customer may be incorporated into these terms, insofar as these documents would be incompatible with these general terms and conditions.
Article 2: Purpose
These general terms and conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the company PR OPTIMIZATION to the customer.
Article 3: Contractual Documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general terms and conditions; the purchase order. In case of contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Article 4: Effective Date - Duration
These general terms and conditions enter into force on the date of signature of the purchase order. These general terms and conditions are concluded for the duration necessary for the provision of goods and services subscribed, until the expiration of warranties owed by the company PR OPTIMIZATION.
Article 5: Electronic Signature
The customer's "double click" on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
Contractual information will be confirmed by email no later than at the time of delivery or, failing that, to the address indicated by the customer in the purchase order.
Article 7: Proof of Transaction
Computerized records, kept in the computer systems of the company PR OPTIMIZATION under reasonable security conditions, will be considered as proof of communications, orders and payments occurring between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8: Product Information
8-a: The company PR OPTIMIZATION presents on its website the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential customer to know before the definitive order the essential characteristics of the products they wish to purchase.
8-b: The offers presented by the company PR OPTIMIZATION are only valid within the limits of available stocks.
Article 9: Price
Prices are indicated in euros and are only valid on the date of sending the purchase order by the customer. They do not include delivery costs, which are charged in addition and indicated before order validation. Prices include VAT applicable on the order date and any change in the applicable VAT rate will automatically be reflected in the price of products in the online store. Payment of the total price must be made when ordering. Under no circumstances may the sums paid be considered as deposits or down payments.
Article 10: Payment Method
To settle their order, the customer has, at their choice, all payment methods indicated in the purchase order. The customer guarantees the company PR OPTIMIZATION that they have the authorizations possibly necessary to use the payment method chosen by them when validating the purchase order. The company PR OPTIMIZATION reserves the right to suspend any order processing and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The company PR OPTIMIZATION particularly reserves the right to refuse to make a delivery or honor an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is being processed. The company PR OPTIMIZATION has implemented an order verification procedure designed to ensure that no one uses another person's banking details without their knowledge. As part of this verification, the customer will be asked to send by email to the company PR OPTIMIZATION a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification by our services of the documents sent.
Article 11: Availability
Our products are offered while stocks last. In case of unavailability of product after placement of your order, we will inform you as soon as possible. Your order will then be automatically canceled and no amount will be debited. If payment has already been made, you will be refunded no later than thirty days after cancellation of your order.
Article 12: Delivery
Delivery is made to the address indicated by the customer in the purchase order. All our orders are delivered by carrier.
Article 13: Delivery Time
Indicative delivery times start from the day following the order date and can vary between ten and thirty days depending on the product ordered. These delivery times are indicated as information and do not constitute a contractual obligation on our part. In any case, delivery will not occur later than thirty days after the order. In the event of failure to meet this deadline, the consumer may request resolution of the sale. The sums paid by the customer will then be refunded no later than within thirty days of the resolution date, excluding any damage.
Article 14: Errors and Defects - Exchanges and Returns
14-a: The customer must report to the company PR OPTIMIZATION on the day of delivery or at the latest the first working day following delivery, any complaint of delivery error and/or non-conformity of products in nature or quality compared to the indications on the purchase order. Any complaint made beyond this deadline will be rejected.
14-b: The formulation of this complaint to the company PR OPTIMIZATION can be made:
- primarily by phone at +33 (0) 6 70 02 83 57 Monday to Friday from 9:00 AM to 6:00 PM
- by connecting to our website in the "track your order" section where, after entering your customer number, you can ask your question through the contact menu specifying the order reference.
14-c: Any complaint not made according to the rules defined above and within the specified deadlines cannot be taken into account and will release the company PR OPTIMIZATION from any liability towards the customer.
14-d: Upon receipt of the complaint, the company PR OPTIMIZATION will assign an exchange number for the product(s) concerned and communicate it by email or telephone to the customer. The exchange of a product can only take place after assignment of an exchange number to the customer according to the procedure presented above.
14-e: In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the company PR OPTIMIZATION in its entirety and in its original packaging, by Registered Mail, to the following address:
PR OPTIMIZATION – 13, rue de l'Esplanade – 13090 AIX EN PROVENCE - France
To be accepted, any return must be reported in advance to the Customer Service of the company PR OPTIMIZATION. Shipping costs are borne by the company PR OPTIMIZATION, except in the case where it turns out that the returned product does not correspond to the original declaration made by the customer in the return form.
Article 15: Product Warranty
In accordance with Article 4 of decree no. 78-464 of March 24, 1978, the provisions of these terms cannot deprive the customer of the legal warranty that obliges the professional seller to guarantee them against all consequences of hidden defects in the thing sold. The customer is expressly informed that the company PR OPTIMIZATION is not the manufacturer of the products presented within the framework of the website, within the meaning of law no. 98-389 of May 19, 1998 relating to liability for defective products. Consequently, in case of damage caused to a person or property by a product defect, only the liability of its manufacturer may be sought by the customer, based on the information appearing on the packaging of said product. The manufacturer warranty conditions and duration are indicated on product sheets. Given the frequency of renewal of technical product components, PR OPTIMIZATION may, upon request, inform the customer of the availability of spare parts for the products offered and the terms for possibly obtaining them.
Article 16: Right of Withdrawal
Private customers have a period of 10 working days to return, at their expense, products that do not suit them. This period runs from the day of delivery of the customer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. Any return must be reported in advance to the Customer Service of the company PR OPTIMIZATION:
- primarily by phone at +33 (0) 6 70 02 83 57 Monday to Friday from 9:00 AM to 6:00 PM, - by connecting to our website in the "track your order" section where, after entering your customer number, you can obtain your order number. The product must be returned by Registered Mail to PR OPTIMIZATION – 13, rue de l'Esplanade – 13090 AIX EN PROVENCE - France
Only products returned in their entirety, in their complete and intact original packaging, and in perfect resale condition will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will neither be refunded nor exchanged.
This right of withdrawal is exercised without penalty, except for return costs. In the event of exercise of the right of withdrawal, the customer has the choice of requesting either reimbursement of the sums paid or exchange of the product. In case of exchange, reshipping will be at the customer's expense.
In case of exercise of the right of withdrawal, the company PR OPTIMIZATION will make every effort to refund the customer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, particularly when the product needs technical verification (cf. products that must be tested beforehand).
Companies also have a right of withdrawal applying as for customers. However, companies wishing to return products must pay 20% restocking fees (non-negotiable).
Article 17: Usage Rights
The right to use the software of the company PR OPTIMIZATION, as well as that distributed by it, is granted to the customer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the customer has a right of reproduction exclusively for establishing a backup copy, when it is necessary to preserve the use of the software. In any case, the software author retains a property right over their work, which the customer undertakes to respect.
Article 18: Force Majeure
Neither party will have failed in its contractual obligations, insofar as their performance is delayed, hindered or prevented by an act of God or force majeure. Shall be considered as an act of God or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the parties' will and which could not be prevented by them, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which they became aware of it. The two parties will then come together, within one month, except impossibility due to force majeure, to examine the impact of the event and agree on the conditions under which contract execution will be continued. If the force majeure event has a duration exceeding three months, these general terms and conditions may be terminated by the injured party. Expressly considered as force majeure or acts of God, in addition to those usually retained by the jurisprudence of French courts and tribunals: blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning; shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 19: Partial Invalidity
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 20: Non-Waiver
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21: Titles
In case of difficulty of interpretation between any of the titles appearing at the head of clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable Law
These general terms and conditions are subject to French law. This applies to both substantive and procedural rules. In case of dispute or complaint, the customer will first address the company PR OPTIMIZATION to obtain an amicable solution. Secondly and in case of recourse, the customer may file a complaint with the qualified French authorities under Lex Contractus and the Rome Convention being in the presence of a consumer contract, via its dedicated dialogue box.
Article 23: Data Protection and Privacy
The information requested from the customer is necessary for processing their order and may be communicated to contractual partners of the company PR OPTIMIZATION involved in the execution of this order. The customer may write to the company PR OPTIMIZATION whose contact details are in the privacy policy appearing within the website, to object to such communication, or to exercise their rights of access and rectification regarding information concerning them and appearing in the files of the company PR OPTIMIZATION, under the conditions provided by the law of January 6, 1978.