Version 2020-1; entry into force on 01-10-2020
These Conditions of Sale determine the conditions applicable to sales made between any natural person wishing to purchase NATURAL PEAK products via the website www.naturalpeak.fr, and ECO TECH CONFORT, a company incorporated under French law registered under number 789 768 835 in the Register. of Commerce and Companies of Annecy, with its registered office located at 10 Route de La Verrerie 74290 ALEX.
1. CONDITIONS OF APPLICATION OF THESE CONDITIONS OF SALE
These Conditions of Sale apply only to purchases made via the Online Store.
We reserve the right to modify these Terms of Sale at any time. The date of entry into force of these Conditions of Sale is indicated above. The applicable Terms of Sale are those in effect on the date the order is placed.
ANY ORDER OF PRODUCTS IS UNRESERVED ACCEPTANCE BY YOU OF THESE TERMS OF SALE
2. CAPACITY TO CONTRACT
The purchase of a product available for sale on the site www.naturalpeak.fr does not constitute an act of managing daily life. Also, within the framework of compliance with article 1124 of the Civil Code, any person placing an order on the site www.naturalpeak.fr declares to have the capacity to contract under the conditions described below, that is to say to have exceeded the legal age of majority (18 years) or be an emancipated minor and not be protected within the meaning of article 448 of the Civil Code.
In order to be able to purchase the Products, you must:
Provide your name and address, telephone number, email address, payment details and any other required information
Be at least 18 years old
If you have created an account with a personal username and password, be sure to always protect your password and not disclose it to anyone as you are personally responsible for every purchase made with your username and Your password.
3. ORDER PROCESS AND CONCLUSION OF THE CONTRACT
Placing the order:
The customer can purchase NATURAL PEAK products via the site www.naturalpeak.fr. To place an order through the site, the customer must enter their contact details in the form that will appear when validating their basket. These contact details will be used for sending order confirmations, order delivery, invoicing, and all other contacts necessary for ECO TECH CONFORT in order to process the order under the best conditions. In order for these exchanges to take place, the customer is invited to reread his form before validating his order. ECO TECH CONFORT is not responsible for errors in sending e-mail or parcels due to an incorrectly completed form.
Order confirmation :
After validation of his order by him, the customer will receive an automatic order confirmation email summarizing his purchases and personal information, provided that the email address he has indicated in his order form does not contain errors. The order confirmation e-mail constitutes the customer's proof of purchase, the customer is therefore requested to keep it.
Cancellation of the order :
The customer can cancel his order at any time before it has been invoiced.
If the invoice has already been invoiced and if the customer does not really want the products he ordered, he must refuse the package, without opening it, on delivery. If the package is delivered to the recipient or to any other person present at the delivery address, the package must be refused at the time of delivery. Upon return of the package, the ECO TECH CONFORT company will reimburse the customer for the amount of his order, less shipping and order preparation costs. If the customer is not present at the time of delivery, he must carry out the common procedure for returns (see article 8. Returns and refunds).
Product non-compliance:
Any complaint of non-conformity of products in kind, in quality or in quantity compared to the indications appearing on the invoice published by ECO TECH CONFORT following a purchase on the site www.naturalpeak.fr must be made by telephone, email or post by the customer within fourteen days of receipt of the package. Any complaint of non-compliance not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release ECO TECH CONFORT from any liability vis-à-vis the customer.
Product availability:
NATURAL PEAK products are sold within the limits of available stocks. We do not guarantee the availability of products appearing on the site www.naturalpeak.fr. In the event of unavailability of products, ECO TECH CONFORT undertakes to inform the customer thereof when placing the order or as soon as possible by telephone or e-mail after validation of the order. The customer will then be debited and then reimbursed for the amount of the unavailable product in the event of payment by PAYPAL or bank card or bank transfer.
ECO TECH CONFORT reserves the right to change, interrupt or stop the sale of any product without this engaging its responsibility and without prior notification, with the exception of orders already accepted.
4. PRODUCT CHARACTERISTICSThe site www.naturalpeak.fr strives to present the characteristics of the products marketed as well as possible, through the product pages (description, photos, etc.) and the NATURAL PEAK® brand presentation pages. Confirmation or further elaboration of this information is possible by contacting ECO TECH CONFORT by telephone, e-mail or post.
All products available for sale on the site www.naturalpeak.fr are new, unless otherwise specified on the site. The products offered comply with current European legislation and standards.
5. PRICE, DELIVERY AND ORDER PROCESSING COSTS, AND VAT
The prices of the products available for sale on the site www.naturalpeak.fr are indicated in euros and include VAT.
VAT is applicable to sales made with residents of the European Union. The VAT rate currently stands at 20% of the value of goods sold. Any change in the VAT rate will be reflected immediately on the prices of the products offered for sale on the site www.naturalpeak.fr.
Processing and delivery costs:
The prices displayed on the site do not take into account the costs of delivery and processing. The additional costs relating to the delivery and processing of the order and the related VAT or any other applicable tax will be indicated during the ordering process and will be included in the order confirmation email. Insofar as ECO TECH CONFORT would be unable to display the amount of additional costs before placing the order, the customer will be informed of the methods of calculating the final price before confirming his order.
Shipping and order processing costs are billed according to the content and weight of the package and the place of delivery. Shipping costs may be offered free of charge on an ad hoc basis, as part of marketing operations.
Price modification:
Prices are subject to change at any time without notice. Price changes will only be applicable to orders placed after said changes. The price invoiced for a product will be the price in effect at the time the order is placed. This price will be indicated in the order confirmation email.
Discounts:
The customer can only apply one promotional code per product ordered. Only one discount can be granted per product. In the event that a duplication of discounts appears, the invoice for the order will be blocked until regularization or cancellation of the order and its payment (except in special cases).
6. DELIVERY
We deliver the Products to France, the European Union as well as Switzerland and Norway subject to the following restrictions:
We are not able to make deliveries to:
Overseas military addresses
Prisons
Guadeloupe, Martinique, Guyana, Mayotte, Réunion, New Caledonia, French Polynesia, Saint-Pierre-et-Miquelon, Saint-Barthélemy, Saint-Martin, French Southern & Antarctic Lands, Wallis and Futuna, Monaco
The delivery options are as follows:
By La Poste: by Colissimo for France and Colissimo against signature for the European Union, Switzerland and Norway
Delivery time: 24h-48h for France, to be determined for the rest.
By DPD carrier Only for Metropolitan France: Either at your home (with prior appointment making) Or at a Point Relais.
Delivery time: 24h-48h
The delivery time and the delivery option you have chosen will be confirmed to you in the order confirmation.
We cannot be held liable for late delivery or failure to perform, if the delay or failure results from unforeseeable and insurmountable facts, a third party to the contract or a case of force majeure. We recommend that you examine the package and the Product (s) received within 14 (fourteen) days of delivery and check their condition and whether the contents of the package are complete. In the event of damaged or missing Product (s), we ask you to contact our customer service.
Likewise, it is the Customer's responsibility to check the completeness and conformity of the information he provides to the company ECO TECH CONFORT, the latter not being, in any case, responsible for any data entry errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the Products will be entirely the responsibility of the Customer.
Package loss:
In the event of a significant delay (more than 10 working days) of the package, the customer is required to contact ECO TECH CONFORT so that the company can inquire about the status of the shipment. In this case, ECO TECH CONFORT is responsible for opening a complaint file with La Poste or its carrier, DPD. The investigation can lead to two scenarios: either the package is found and is returned to the customer following the usual procedure, or the package is declared lost and ECO TECH CONFORT proceeds, according to the customer's wishes, to a refund of the amount invoiced or to a second shipment.
Return to sender:
If the delivery address indicated by the customer in his order form is incorrect or if the customer does not collect the package from his post office or relay point before the end of the 10-day period, the package is returned to ECO TECH COMFORT. In this case, ECO TECH CONFORT reserves the right to cancel the sales contract and undertakes to reimburse the customer for the amount of his order, excluding postage and processing costs, upon receipt of the returned package. If the customer wishes the return of these products, the re-shipment costs will be entirely the responsibility of the customer.
7. PAYMENT
Payment for purchases made on the site www.naturalpeak.fr can be made by Paypal or Credit Cards or bank transfe
Receipt of payment
The items ordered are sent upon receipt of full payment. The confirmation of bank transfer made to the bank account of the company ECO TECH CONFORT appearing only after a period of three days in view of the company ECO TECH CONFORT, the customer must be informed that the order will only be processed. on the day on which the transaction is visible to the company ECO TECH CONFORT.
Authorizations:
When paying for his order, the customer guarantees to ECO TECH CONFORT that he has the necessary authorizations to use the payment method chosen by him.
Order refusal:
ECO TECH CONFORT reserves the right to refuse to honor an order from a customer who has not paid in whole or in part a previous order or with whom a dispute is being administered.
Retention of title:
ECO TECH CONFORT remains the owner of the goods sold to the customer until their full payment by the customer and this notwithstanding any down payments made. Despite this retention of title clause, the customer remains, upon delivery of the goods, responsible for any loss, deterioration or damage to the goods subject to retention of title.
Bill :
The order form established for the customer on the site www.naturalpeak.fr is not worth an invoice. The customer is invoiced as soon as the package is prepared and receives his invoice upon delivery, in this package. ECO TECH CONFORT keeps a digital copy of each invoice, permanently archived.
8. RETURNS AND REFUNDS
In accordance with the provisions of the Consumer Code, the Customer has a period of twenty-one (21) clear days from receipt of the Products to exercise his right of withdrawal, without having to justify reasons or pay penalties, with the exception of return costs, by completing the standard withdrawal form sent to him by email on request.
The Customer will then receive, without delay, an acknowledgment of receipt of his withdrawal by email.
Within fourteen (14) days of the transmission of the withdrawal form or of the notification of his wish to withdraw in any way, the Customer must return the Products to the following address:
ECO TECH CONFORT: 10 route de la Verrerie 74290 ALEX
It is up to the Customer to keep the proof of deposit of the parcel which will be given to him by La Poste, the La Poste stamp being proof of the date of return of the Product. The return being the responsibility of the Customer, in the event of loss of the package, no refund can be made.
ECO TECH CONFORT undertakes to reimburse the Customer for the price of the Product as well as the delivery costs, on the basis of standard delivery only, at the latest on the day of collection of the Products or on the day on which the Customer provides a proof of shipment of the Products, the date selected being that of the first of these facts.
The risks and costs of return are the sole responsibility of the Customer.
The right of withdrawal can only be exercised for Products returned complete, in perfect condition, clean, in their original packaging, with the provision of a copy of the purchase invoice. Products returned incomplete, damaged, soiled, broken or damaged, for any reason whatsoever, will not be taken back.
The Customer is responsible for the depreciation of the Product resulting from handling other than those necessary to establish its nature, characteristics and proper functioning.
9. LEGAL GUARANTEES
Legal guarantee of conformity:
Regardless of any commercial guarantee granted to the customer and in accordance with articles L211-4 to L211-3 of the Consumer Code (partially reproduced below), ECO TECH CONFORT is responsible for any lack of conformity of the products sold on the site www. naturalpeak.fr.
Art. L. 211-4: “The seller is required to deliver goods in conformity 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 installation when it has been charged to it by the contract or has been carried out under its responsibility ".
Art. L. 211-12: "The action resulting from the lack of conformity lapses two years after delivery of the goods".
Art. L. 211-5: “To comply with the contract, the goods must:
Be suitable for the use usually expected of a similar good and, where applicable: -Correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model ; -present 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.
Have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ".
Damage caused to the Products resulting from:
- misuse, abuse or neglect;
- non-compliance with washing and maintenance instructions causing in particular discolorations, deterioration or shrinkage;
- falls or other incidents: traces of impacts, scratches or cuts;
- normal wear and tear of materials.
Guarantee against hidden defects (extract from the Civil Code):
ECO TECH CONFORT is also bound by the legal guarantee against hidden defects under the conditions set out in Articles 1641 to 1648 of the Civil Code, partly reproduced below.
Art. 1641: "The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it," or would have given only a lower price, if he had known them ”.
Art. 1648 - paragraph 1: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect".
10. RESPONSIBILITY
ECO TECH CONFORT declines all responsibility for the misuse or misuse of products ordered on the site www.naturalpeak.fr
Although the ECO TECH CONFORT company makes every reasonable effort to verify the accuracy of the information it publishes on the site www.naturalpeak.fr, the company does not guarantee that the site www.naturalpeak.fr meet all customer requirements or that it will not be interrupted, slow, error-free, or that the server that makes it accessible will exhibit full functionality, accuracy and reliability. The responsibility of the company ECO TECH CONFORT will not be engaged in the event of loss of content or material downloaded or transmitted via the site www.naturalpeak.fr.
The websites linked directly or indirectly to the www.naturalpeak.fr site are not under the control of ECO TECH CONFORT. Consequently, ECO TECH CONFORT assumes no responsibility for the information published on these sites. Links to third party sites are provided for convenience only and do not imply any warranty as to their content.
11. PROTECTION OF PERSONAL DATA
The ECO TECH CONFORT company implements reasonable means in order to keep the personal data, order information and payment terms of its customers in a secure manner. In the absence of serious negligence on the part of the company ECO TECH CONFORT, the responsibility of the company cannot be held liable for any loss suffered if a third party obtains unauthorized access to any data provided by the customer when accessing or placing an order. on the site www.naturalpeak.fr.
In accordance with the Data Protection Act, the customer has the right to access computer data concerning him in the database of the company ECO TECH CONFORT. To exercise this right, all he has to do is contact ECO TECH CONFORT by e-mail or post.
By accepting our General Conditions of Sale, the customer agrees to receive commercial offers from ECO TECH CONFORT. If the customer changes his mind and no longer wishes to receive commercial offers, he can request it at any time by sending an email to info@naturalpeak.fr or by post to the following address: ECO TECH CONFORT 10 route de la Verrerie 74290 ALEX.
12. CUSTOMER SERVICE
For any information, question or complaint, customer service is available to the Customer:
by email: info@naturalpeak.fr,
by post: ECO TECH CONFORT 10 route de la Verrerie 74290 ALEX
by phone on 04 50 45 47 41 from Monday to Thursday, 8:30 a.m. to 4:45 p.m., or Friday from 8:30 a.m. to 12:30 p.m., excluding public holidays.
13. APPLICABLE LAW
These General Conditions of Sale are governed by French law.