General conditions of online sales
-The present General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply without restriction or reserve to all sales concluded between the Customer and DIRECTEK OR RESINE NET, on the website, (hereinafter referred to as "https://directeck.fr or https://resine-net.com").
The present conditions apply to the exclusion of those in force for in-store sales. These Terms and Conditions of Sale are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
-Validation of the order by the Customer implies acceptance without reservation of these General Terms of Sale. The general terms and conditions of sale applicable to the order are those in force at the time the order is placed.
Article 1 - Order on the website https://www.directeck.fr or https://resine-net.com
-It is specified that the products presented on the Site can be purchased online when the button "add to cart" is present on the product sheet.
- 1-1- In order to place an order on the Site, the Customer selects the Product(s) for which he/she wishes to consult the corresponding description sheet. After validation of the product(s), choice of the desired quantities, insertion in the "Shopping Cart" and validation of the "Shopping Cart", the Customer will be directed to a form page intended to provide all the information necessary for its identification. For this reason, the Customer commits himself providing exact and reliable information such as: the civility, the name and first name, the billing address, a telephone number, a valid e-mail address, a delivery address. After filling in the electronic form, the Customer may return to his or her Shopping Cart at any time, delete or add products, then choose among the different delivery methods and enter a delivery address different from the billing address, if necessary. The Customer will have to fill in all the mandatory fields specified on the electronic form.
-1-2- At this stage, the order is the subject of a summary that can be consulted at any time and includes all the following elements: Product(s), quantities, unit price, possible discounts, delivery method, total amount of the order including delivery charges according to the chosen delivery method. The Customer may return to his order, complete it, modify it or cancel it as long as he has not validated it. The Customer will validate his order by clicking on "Validate my basket". The Customer, before validating his/her order, acknowledges having read the essential characteristics of the Product according to the product sheet available on the DIRECTECK or RESINE NET website. The Customer will choose his delivery address and will validate his choice by clicking on "Validate my delivery place".
-1-3- The Customer will choose his payment method and will validate his choice by clicking on "Before validating my order, I acknowledge that I have an obligation to pay and that I have read and accepted the general sales conditions". The "double click" is worth "electronic signature" and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer. Once the Customer has validated his/her Shopping Cart, delivery method and payment, the order may no longer be modified or cancelled by the Customer, except with the express agreement of DIRECTECK or RESINE NET and subject to the provisions of Article 11 below.
-1-4- The sale shall only be considered final after
- DIRECTECK or RESINE NET sends the Client confirmation of the order registration by e-mail within a maximum of twenty-four (24) hours from the registration of the order. If the order confirmation e-mail is not received within the time limit indicated, the Client must contact the Site, as it is possible that the order could not be registered for technical reasons.
- DIRECTECK or RESINE NET will collect the full amount of the order.
The order confirmation will include the order with the nature and quantities ordered, the unit price of each product, the price including all taxes (TTC) of the order and the shipping costs. The conditions of deadlines and methods of exercising the right of withdrawal, the standard form of withdrawal. This price is the one invoiced to the Customer, expressed in euros including all taxes.
The information recorded by DIRECTECK or RESINE NET's computer system is considered as proof of the order (content and date) by the Customer.
-1-5-DIRECTECK or RESINE NET undertakes to inform the Customer by any means at its convenience in case of product supply problems, product unavailability, or payment incidents.
The Customer's order will only be considered accepted after validation by DIRECTECK or RESINE NET.
Article 2 - Products concerned
-2-1- It is specified that the products presented on the Site can be purchased online when the "add to cart" button is present on the product page.
The offer of Products on the Site is understood to be within the limits of available stocks. DIRECTECK or RESINE NET provides information on product availability at the time of order confirmation by the Customer. In case of stock shortage, the company will contact the Customer by any means at its convenience to modify the content of the order or proceed with its total or partial cancellation at the Customer's discretion.
Article 3 - Product accessories
DIRECTECK or RESINE NET offers the Customer, when purchasing certain Products, the possibility to add to the Shopping Cart the corresponding accessories, notably, installation accessories, compatible with the product ordered. Suggestions, advice for use and installation are detailed on the sheet of some Products. The company shall not be held liable in case of incompatibility of the Products or misuse of the Products, if those used by the Customer are not part of the accessories offered at the time of the order by the Customer.
Article 4 - Prices
Products are supplied at the prices in effect on the Site on the day the order is registered by DIRECTECK or RESINE NET. Prices are expressed in euros, net and inclusive of all taxes. Prices do not include shipping and delivery costs, which are invoiced in addition.
DIRECTECK or RESINE NET reserves the right to modify its prices at any time by simply changing the website. Delivery fees are added to the price of the ordered goods.
Article 5 - Shipping costs and eco-participation
-5-1- Any order gives place to invoicing of a participation to the forwarding costs. The amount of shipping costs is also indicated in the shopping cart, in the order summary and on the invoice. The shipping costs are added to the price of the ordered goods.
Article 6 - Transport and delivery
-6-1- Terms and conditions
The amount of shipping costs is indicated in the Shopping Cart as well as on the order and the invoice. The Products ordered by the Customer will be delivered exclusively in Metropolitan France.
DIRECTECK or RESINE NET will deliver the goods on the date or within the time period indicated in the order summary, at the "foot of the building", to the address indicated by the Customer when ordering on the Site. The delivery times indicated on the order basket are average times corresponding to the delivery and shipping processing times.
DIRECTECK or RESINE NET shall not be held responsible for the consequences of any event beyond its control, including cases of force majeure that would delay or prevent the delivery of ordered products. The Customer is informed that the products can be delivered in several times. In any case, in the event of an order containing several distinct products, with different shipping times, known as a multiple order, the shipping time of the order is based on the longest time.
In case of overtaking of the announced delivery time, the Customer will be able to cancel the Contract under the conditions of the article L.216-2 of the Code of the consumption. The sums paid by the Customer will then be refunded to the Customer within a maximum of fourteen (14) days from the date of the request for cancellation of the order sent by the Customer or by DIRECTECK or RESINE NET or from the refusal of the Customer to take delivery of the Products as provided for in Article 6-3.
6-2- Home delivery
When goods are delivered by DIRECTECK or RESINE NET, at the time the order is placed, the Customer is invited by the company's customer advisors to inform them of any access difficulties or particularities of the delivery address so that DIRECTECK or RESINE NET can assess the feasibility of delivery with regard to the characteristics of the product. To this end, the Customer must verify the conditions under which the goods will be received and ensure that the goods can be delivered to the address indicated without difficulty (accessibility, carrier maneuvers, truck tonnage, dimensions of rooms, elevator stairs, etc.). The Customer agrees to provide a telephone number where the carrier can reach him during the day. At the time of delivery, the Customer must be able, if requested, to present an identity document. The carrier will send the Customer a delivery confirmation by email, SMS or phone call. If the Customer is absent on the day of delivery, the carrier will leave a notice of passage. The carrier will contact the Customer again in order to organize with him the withdrawal of the goods in the platform. At the time of this contact, the carrier may organize, at the Customer's request, a new delivery at the Customer's expense. The amount of these delivery costs will be communicated by the carrier. These delivery costs will be paid to the carrier by the Customer on the day of delivery. After two (2) no-shows by the Customer on the delivery dates scheduled with the carrier, DIRECTECK or RESINE NET's Customer Service will contact the Customer in order to set the conditions for taking charge of the ordered goods.
-6-3- When transportation is provided directly or on behalf of DIRECTECK or RESINE NET, the goods travel at DIRECTECK or RESINE NET's risk. If the Customer notices that the package is damaged or the delivery is incomplete, DIRECTECK or RESINE NET advises the Customer to refuse the delivery or to express clear, precise and motivated reservations on the delivery slip, before signing it. DIRECTECK or RESINE NET recommends that a confirmation of these reservations be immediately sent to the store's email address and to the carrier within forty-eight (48) hours of receiving the product. In case of damage (damage during transport), DIRECTECK or RESINE NET advises the Customer to refuse the damaged product to the delivery person and to indicate "refusal for damage" on the delivery note, otherwise any recourse against the carrier will be impossible. By signing the delivery receipt without expressing any specific reservations, and accepting the products, the Customer acknowledges having received the goods without any damage or anomaly(s) related to transport, in a condition that gives him/her full satisfaction.
Article 7 - Transfer of ownership
The Customer takes possession of the products upon delivery. The risks of loss, theft or deterioration of the products as well as the damage caused by the products are transferred to the Customer as from the delivery.
Article 8 - Terms of payment
The price is payable
8-1- The price is payable in cash, in full on the day the order is placed by the Customer by credit card (CB, VISA, MASTERCARD). Payments by credit card are debited at the time of payment on the site of the banking partner.
DIRECTECK or RESINE NET will not be held responsible for the delivery of Products ordered by the Customer in case of an order not paid in full.
Payments will only be considered as final after the Customer has collected the sums due to the company. In the event of a payment incident (theft or repudiation of the credit card...), the order will be immediately cancelled.
Delivery will only take place after the Customer has paid the amounts due to SAINT DIRECTECK or RESINE NET. The Customer is informed that the time period indicated on the order confirmation email only starts from the date of effective collection of the sums by DIRECTECK or RESINE NET.
8-2- DIRECTECK or RESINE NET uses the 3DSECURE Mercanet secure payment protocol. The 3DSECURE protocol is a system of encryption of bank data entry and transmission. During payment, the Customer is automatically redirected to the DIRECTECK or RESINE NET banking partner's website. The banking data does not pass through the company's system. DIRECTECK or RESINE NET never communicates bank details and does not store bank details at any time.
Article 9 - Liability and guarantees
The Products offered on the website https://www.directeck.fr or the website https://resine-net.com comply with the French legislation in force.
The Customer is solely responsible for the choice of the Products, their conservation and/or their use. In addition, given the technical nature of certain Products sold, the Customer shall strictly comply with the technical specifications and installation recommendations of the supplier, particularly concerning the preparation, installation and maintenance of these Products. Furthermore, DIRECTECK or RESINE NET shall not be held responsible for any harmful consequences that the Customer may face following the installation of the products purchased by the Customer. The Customer must refer to the instructions for use and/or installation provided with the product ordered. It is specified that it is up to the Customer to check the feasibility of his project before placing an order. The photographs and illustrations accompanying the products on the website https://www.directeck.fr or the website https://resine-net.com have no contractual value.
The Company advises the Customer to refer to the product sheet and in particular its description, to know the precise characteristics. In case of doubt or to obtain additional information, the Customer is invited to contact DIRECTECK or RESINE NET Customer Service.
9-2- Legal warranty
DIRECTECK or RESINE NET shall remain liable for product conformity defects under the conditions provided for in Articles L.217-4 and following of the French Consumer Code and for hidden defects of the item sold under the conditions provided for in Articles 1641 and following of the French Civil Code. When the Customer acts within the framework of the legal guarantee of conformity:
- He has a period of two years from the delivery of the goods to act,
- He can choose between repair or replacement of the good, subject to the conditions of cost provided for by Article L.217-9 of the Consumer Code;
- He is exempted from proving the existence of the lack of conformity of the good during the twenty-four months. He can decide to implement the guarantee against the hidden defects of the sold thing within the meaning of the article 1641 of the Civil code. In this case, the Customer can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. Reproduction of articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code, in accordance with article L. 217-15 of the French Consumer Code.
Article 10 - Right of withdrawal
10-1- For contracts for the sale of goods and the provision of services concluded at a distance, and in accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) calendar days from the date of delivery of the goods in the case of the purchase of goods; from the date of the conclusion of the sale at a distance in the case of the purchase of a service; from the date of receipt of the goods when the provision of service includes the supply of goods. This right is exercised on the entire order.
10-2- To exercise his right of withdrawal, the Customer shall inform DIRECTECK or RESINE NET of his decision to withdraw by sending the standard withdrawal form issued on the day of the order confirmation by email and attached to the present General Sales Conditions or available on the website or by email to email@example.com.
The Customer then has a period of 14 days following the communication of his decision to withdraw, to return the goods concerned to DIRECTECK or RESINE NET in order to obtain reimbursement without having to justify his reasons or pay any penalties, except for the cost of return. The products will be returned either to the DIRECTECK or RESINE NET store at the following address DIRECTECK or RESINE NET 56 rue des foisses, 63170 AUBIERE.
The Customer shall mention the product(s) being returned for retraction, as well as the order number. The Customer shall enclose the invoice(s) concerned by the returned products.
In the absence of these documents, the return of the product cannot be processed within the normal timeframe.
10-3- The Products must be returned in their original packaging, in perfect condition (undamaged, dirty or incomplete) and accompanied by all accessories and any instructions. Products returned incomplete, damaged or soiled cannot be accepted. DIRECTECK or RESINE NET will acknowledge receipt of the returned Products and will notify the Customer of the refund of the order or the refusal of the refund if the Products cannot be taken back.
10-4- The right of withdrawal is excluded for the purchase of personalized Products or Services, custom-made and custom-cut; the purchase of Products opened by the Customer and which can no longer be resold; the purchase of Services which began, with the Customer's agreement, before the end of the withdrawal period.
10-5- If the Customer complies with the above stipulations, DIRECTECK or RESINE NET undertakes to reimburse the Customer within fourteen (14) days following receipt of the returned Product(s). The refund will be made by crediting the bank account of the card used for the payment.
Article 11 - Protection of personal data
- In accordance with the French Data Protection Act (Loi Informatique et Libertés) n°78-17 of January 6, 1978, DIRECTEK OR RESINE NET, as the person responsible for the processing of the order, is required to collect a certain amount of personal data from its Customers.
- This data is necessary to process the order, to follow up on the loyalty program, to manage the commercial relationship and to carry out statistical analyses. Failure to provide this information could make it impossible to process the Customer's request.
- This data is intended for DIRECTEK OR RESINE NET's internal services and may be communicated to service providers duly authorized by DIRECTEK OR RESINE NET or to any administrative or judicial authority that may request it. This data will only be used for commercial prospecting by SMS and/or email by DIRECTEK OU RESINE NET and/or DIRECTEK OU RESINE NET's partners with the express consent of the Customer.
- The Customer has the right to access, rectify, oppose, and communicate information and data held by DIRECTEK OU RESINE NET. The Customer also has the right to portability of his data, to limit processing, to define directives concerning the fate of his personal data after his death, to obtain that his personal data be transmitted in a structured format, and to file a complaint with a supervisory authority (For more information concerning the exercise of these rights: https://www.cnil.fr/fr/comprendre-vos-droits).
- These data will be kept for the duration of the sales contract and the application of the guarantees arising from it. The Customer can also register free of charge on the list of opposition to telephone canvassing on the site www.bloctel.gouv.fr.
Article 12 - Intellectual property
The content of the site is the property of the Company and its partners and is protected by French and international laws in force relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright. In addition, the Company remains the owner of all intellectual property rights on the studies, drawings, models, prototypes, etc. made (even at the request of the Client) in order to provide the services to the Client. The Client is therefore prohibited from reproducing or exploiting the said studies, drawings, models, prototypes, etc. without the Company's express, written and prior authorization, which may be conditional on a financial consideration.
Article 13 - Mediation
In accordance with article L.612-1 of the French Consumer Code, the Customer may have free recourse to the MEDYCIS mediation service, by electronic means: www.medicys.fr or by mail: MEDICYS-Centre de médiation et règlement amiable des huissiers de justice - 73, Boulevard de Clichy,75009 - Paris, for all claims already filed in writing with DIRECTECK or RESINE NET's customer service for less than one year and not satisfied.