Terms of Sales
Between Apollon Care Services SAS (presented under its brand name "ACS e-Store"),
15 rue des Frères Lumière, 68350 Brunstatt,
to the Share Capital of 100 €,
registered in the Trade and Companies Register of Mulhouse, under the number SIRET 833 368 681 00023,
represented by Mr Jean APEL as manager,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the "Seller" or the "Company". Firstly,
And the natural or legal person proceeding to the purchase of products or services of the company, hereinafter, "the Buyer", or "the Customer"
On the other hand,
It was stated and agreed as follows:
The Seller is a publisher of products and services for consumers, marketed through its websites (https://apollon.care/ and https://shop.apollon.care/). The list and description of the goods and services offered by the Company may be consulted on the aforementioned sites.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
Article 2: General Provisions
These General Conditions of Sale (GTC) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: https://shop.apollon.care/en/content/conditions-generales.
The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he / she has read all of these General Terms and Conditions of Sale, and if applicable the Special Conditions of Sale related to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that he has benefited from the necessary advice and information to ensure the adequacy of the o ff er to his needs.
The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller.
They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4: Conclusion of the contract on line
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to fulfill his order:
Information on the essential characteristics of the Product
Choice of the Product, if any, of its options - Indication of the essential coordinates of the Customer (identification, email, address ...)
Acceptance of these General Conditions of Sale
Verification of the elements of the order (double-click formality) and, if necessary, correction of errors.
Before proceeding to its confirmation, the Buyer has the opportunity to check the details of his order, its price, and correct any errors, or cancel the order.
The confirmation of the order will entail formation of this contract.
Then follow instructions for payment, payment of products, and delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.
During the order process, the customer will be able to identify any errors made in the data entry and correct them. The language proposed for the conclusion of the contract is the French language.
The terms of the o ff er and the general conditions of sale are returned by email to the buyer at the time of the order and archived on the website of the Seller.
The archiving of the communications, the order, the details of the order, as well as the invoices is made on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, and, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate method, of the prices and special conditions of sale and sale. execution of the services before any conclusion of the contract of sale. In any case, the total amount owed by the Buyer is indicated on the confirmation page of the order. The selling price of the product is that in force indicated on the day of the order, this one not including by the charges of ports invoiced in supplement. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to change prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product's presentation page regarding the delivery dates of the products or services. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract, as well as a detailed information relating to the identity of the salesman, his postal, telephone and electronic coordinates, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of the available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photographs of the products offered for sale have no contractual value. The period of validity of the products and their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special conditions, the rights granted under the present conditions are only to the physical person signing the order (or the person holding the email address communicated).
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS comply with the applicable regulations relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the product.
In accordance with Article L.217-4, the seller delivers a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (article 1641 civic law), the Seller refunds or exchanges defective products or not corresponding to the order. The refund can be requested in the following way: the Customer must provide us with a description of the problem or the defect by mail to "email@example.com" and after the speech with our after-sales service he will receive an electronic stamp for the return of the product and its verification.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address that was indicated during the order and within the time indicated. These delays do not take into account the time of preparation of the order. When the delivery requires an appointment with the Customer he will be contacted by our customer service either by mail or email in relation to his contact preferences indicated in his user profile. When the Customer orders several products at the same time these may have different delivery times if the customer does not mark a delivery in full or if one or more of the products are not available for a period exceeding one week. In case of late shipment the customer will be informed immediately by our customer service stating the reason for the delay and overtime.
In case of late delivery, the Customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller proceeds to the refund of the product and expenses "go" under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller recalls that at the moment when the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 9: Availability and presentation
In case of unavailability of an article for a period longer than 2 working days if the product has been described as available on the site, you will be immediately notified of the foreseeable delivery times and the order of this article may be canceled on request . The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.
Article 10: Payment
Payment is due immediately upon order, including pre-order products. The Customer may pay by credit card, bank check or the service of Amazon Pay, Google Pay, Apple Pay or Paypal. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider Braintree Official. The information transmitted is well-known and can not be read during transport on the secure network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 11: Time limit for withdrawal
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of the order.
The right of withdrawal can be exercised by contacting the Company by email under the address "firstname.lastname@example.org" or in the private customer area of the site using the contact form.
We inform the Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal can not be exercised for services already obtained or immaterial products after their download.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product (s) and the shipping costs will be refunded, the return costs being borne by the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard form of withdrawal to send to the following address:
Apollon Care Services
15 rue des Frères Lumière
After the products have been returned to the after-sales service. There will be a review of the product that will ensure its completeness and reliability after use by the customer. This check will not take more than a day and without wear, the purchase price will be fully refunded to the customer within 3-4 business days.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to the hidden defects of the products. Seller shall reimburse the buyer or exchange products that are apparently defective or do not correspond to the order placed. The request for reimbursement must be made as follows: see above under Article 6 last paragraph.
Seller recalls that the consumer:
has a period of 2 years from delivery of the goods to act with the Seller
he may choose between replacement and repair of the property subject to the conditions provided for in the above-mentioned provisions. apparently defective or not corresponding
that it is exempted to prove the existence of the lack of conformity of the good during the six months following the delivery of the good.
that, except second-hand goods, this period will be extended to 24 months from March 18, 2016
that the consumer can also assert the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction in the selling price ( provisions of articles 1644 of the Civil Code).
Article 13: Complaints and mediation
In this case, the Buyer may submit any complaint by contacting the company using the following coordinates:
Apollon Care Services
15 rue des Frères Lumière
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided by Title I of Book VI of the Consumer Code.
In case of failure of the request for complaint to the customer service of the Seller, or in the absence of response within two months, the consumer may submit the di ff ere to a mediator who will attempt independently to bring the parties in to obtain an amicable solution.
The European Commission allows consumers to resolve disputes online on one of its platforms, in accordance with Art. 14 § 1 of the RLL. The platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR) acts as a place where consumers can try to settle disputes outside purchase of goods or services online.
Article 14: Resolution of the contract
The order can be solved by the buyer by registered letter with acknowledgment of receipt in the following cases:
- delivery of a product that does not comply with the characteristics of the order;
- delivery exceeding the deadline fixed at the time of the order or, in the absence of date, within thirty days following the payment;
- unjustified price increase or product modification. In these cases, the buyer may demand the repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 18: Protection of personal data
All clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
Article 19: Consumer Information
For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have it. acquired, or would have given a lower price, had he known them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The property conforms to the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a discount warranty coverage, any downtime of at least seven days is in addition to the remaining warranty period. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.