The general conditions of sale detailed below apply to all orders placed with the company SERGE FERRARI (\"SERGE FERRARI\") for all the items and services offered on the site agivir.com (\"the Site \"). Placing an order online implies your full acceptance of these general conditions of sale. SERGE FERRARI may at any time modify the general conditions of sale. The applicable conditions are those in force on the Site when you place your order online.
1. ABOUT THE GENERAL CONDITIONS OF SALE
All internet users are formally invited before placing any order to read the General Terms and Conditions of Sale on the Site at the address: http://agivir.com/content/6-conditions-generales-de-vente
The Products sold on the Site are reserved for Consumer customers, understood as being natural persons who act for purposes which are not part of their commercial, industrial, craft or liberal activity (hereinafter \"Customer\") . Professional customers are invited to contact the SERGE FERRARI sales department, which may, if necessary, send them the contractual conditions which apply.
The general conditions of sale may be accessed at any time on the Site and will prevail, if necessary, over any other previous version or any other contradictory document. Customers have the option of requesting that the general conditions of sale be sent to them by SERGE FERRARI by email. They can also save, edit or copy them, it being understood that saving, editing or copying this document is their sole responsibility, these general conditions of sale may be subject to change.
To place an order and conclude a sales contract for Products, you must be 18 years of age or older and have legal capacity. The information relating to your order is presented in French. Any order placed on the Site must correspond to the normal needs of a household. SERGE FERRARI reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered are abnormally high compared to the quantities usually ordered by individuals for their personal needs.
In the entirety of these General Conditions, \"you\" (designating the Customer) will be considered to be the one with whom the contractual relationship is established.
Orders for Products will be delivered in mainland France (excluding the DOM-TOM), Monaco and Europe. These conditions are written in French.
For any question or request prior to your order, we invite you to contact our consumer service by email at firstname.lastname@example.org.
SERGE FERRARI displays the Products on the Site as well as their description allowing the Customer to know their essential characteristics, before placing a the final order,
Prior to placing his order and concluding the contract, the Customer acknowledges having had communication, in a legible and understandable manner, of these General Conditions and all of the following information: the essential characteristics of the Products (including name, price , components, weight, quantity and the Products' special features); the price of the Product and transport costs; the delivery time; information relating to the identity of the seller, his postal, telephone and electronic contact details and his activities; information relating to the right of withdrawal, legal guarantees, the functionality of digital content and its interoperability; the possibility of using a consumer mediator.
The product offers presented on the Site are only valid while stocks last. Availability may vary in the same day depending on the level of sales recorded by SERGE FERRARI. SERGE FERRARI performs a very frequent availability update on the Site, but it cannot be held responsible if the stock is not identical to that shown on the Site, so that no compensation can be requested from SERGE FERRARI by the Customer in the event of the unavailability of the Product ordered.
In the event of a Product being unavailable after an order has been placed, SERGE FERRARI will inform the Customer of the situation by all means as soon as possible and, in any case, within no more than 7 working days from the date of the order. Serge FERRARI will inform the Customer when the Product can be delivered. If the Customer so wishes, he may request for the order to be cancelled (refund by bank transfer within fourteen (14) days) or the exchange of the unavailable Product for another Product by contacting SERGE FERRARI via email or by telephone using the contact details indicated in article 7.
3. ORDER AND PAYMENT
You can order online at http://agivir.com
Customers can read about the different Products offered for sale by SERGE FERRARI on the Site. Customers can navigate freely on the Site's different pages, without being required to place an order.
STEP 1: MY BASKET
After having read all of the pre-contractual, technical and commercial information, you select the nature and quantity of the Products required. These selected Products are automatically added to your basket (subsequently referred to as the \"Basket\"). If you already have an account, you can log in at this stage.
When you view your Basket, you begin the ordering process. The Basket contains all the selected Products. You can change the quantity of Products you have added to the Basket. You update your basket if the quantities change and you can also delete them. It is at this point that you must enter your promotional code if you have one.
You can then view the contents of your Basket and its conditions. You also have information about the delivery methods and an estimate of the associated delivery costs. When the selected items in the Basket meet your needs, you can continue with your order or return to the home page.
STEP 2: IDENTIFICATION
To continue your order, you have the option of ordering as a guest (which does not require setting up an account), or ordering by logging in.
• If you opt for the quick ordering process as a guest, you do not need to create an account and only need to enter your contact details to process your order.
• If you are already a customer, all you have to do is enter your email address and password, and you will go directly to step 3.
• If you are not a customer, you can create an account. To do this, you must enter: your email address (used as an identifier), your user password, your telephone number, your first name and your last name.
STEP 3: CONTACT INFORMATION
At this stage you enter your postal billing details. If you have already placed an order and created an account, your previous addresses will be displayed. You must then select those you keep for your new order or enter new ones.
The Customer is informed and accepts that entering their contact details constitutes proof of their identity.
STEP 4: DELIVERY
At this stage you can specify a delivery address other than the billing address and select the preferred delivery method to be used for delivering your order. By default, the standard delivery method uses Colissimo, via the French Post Office. However, if the products ordered are very large (dimensions of more than 150 cm) or depending on your geographical area, you may be offered a delivery by Chronopost directly.
The delivery costs associated with your order are indicated for each type of delivery method offered and specified before your selection. When you have selected a billing address and a delivery address, you can continue with your order or return to the Basket.
STEP 5: FINALIZING THE ORDER
Once the Customer has been identified, an order form will appear on the screen, detailing in particular: the nature, quantity and price of the Products selected by the Customer, as well as the total amount of the order including delivery costs, the Customer's contact details, the delivery deadline for the Products, the delivery address for the Products and the Customer's billing address.
The Customer is invited to check the content of the order.
The Customer may correct any errors before confirming the order. If this is the case, a new order form will be issued automatically.
At this point the Customer is invited to select the method of payment by bank card (Mastercard or Visa), and then to read and accept our general conditions of sale by checking a box provided for this purpose.
The validation of the order includes the words \"Pay for my order\".
This second click represents an electronic signature which is valid and commits the Customer in the same way as a handwritten signature. The order form will be recorded in SERGE FERRARI's computer registers, which are themselves kept on a reliable and durable support and will be considered as proof of the Customer's commitment.
STEP 6: PAYMENT
After selecting your payment method in step 5, you are directed to SERGE FERRARI's payment service provider.
You must then enter your card number, its expiry date as well as your cryptogram code (composed of the three digits located on the back of your bank card). You then validate your data or click on \"Cancellation - Return to the shop\" to return to the Previous page.
Your account is debited for the amount of your order.
In order to provide you with the most reliable and secure services, we have chosen the PayPlug (for sales in France) and Checkout (for sales in the rest of the European Union) payment systems. The entries are encrypted (SSL encryption) to operate in complete security and confidentiality. No payment information is stored on our site. Your payment request is sent in real time on the PayPlug or Checkout secure payment system as appropriate: the bank ensures that your bank card is valid (no data entry error, no opposition) and confirms the registration of your payment by issuing you a transaction number or informing you that the transaction has been refused.
The sale will only be considered final after effective receipt of the funds by SERGE FERRARI. You will then receive an order confirmation e-mail summarizing all the relevent information and mentioning in particular the transaction number. The sale will only be considered final after the display of the order summary by SERGE FERRARI, which constitutes acknowledgment of receipt of the order. An email will then be sent to the Customer summarizing the order when it is registered (hereinafter \"Contract\").
PROOF OF ORDER
In all cases, supplying the bank card number online and final validation of the order will be worth proof of the entirety of said order in accordance with the provisions of article 1366 of the Civil Code and will be worth due of the sums committed by the selection Products appearing on the order form.
This validation constitutes signature and express acceptance of all the operations carried out on the Site. The computerized registers, kept in SERGE FERRARI's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties, unless proven otherwise.
The archiving of purchase orders, order confirmations and invoices is carried out on a reliable and durable medium so as to correspond to a reliable copy whose integrity is guaranteed over time in accordance with article 1379 of the Civil Code.
The Customer can at any time consult the status of his order by consulting the \"My account\" section. This monitoring allows the Customer to know the processing status of his order.
In any event, SERGE FERRARI reserves the right to refuse any order or any delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal to authorize payment by bank card from banking organizations. SERGE FERRARI cannot be held responsible.
The prices of the Products displayed on the Site are net, including all taxes, but do not include shipping costs which are paid by the Customer. These costs are charged as a supplement and based upon the rate applicable on the day the order is placed. The Customer is informed of the amount concerned before the order is placed.
The Products are sold at the price listed on the Site when the order is placed.
SERGE FERRARI reserves the right to modify its prices at any time. The prices are applicable in the context of distance selling. In no event may they be the subject of a request for application for any other mode of sale.
An invoice, which the Customer can print in the \"My account\" section, is darwn up by SERGE FERRARI and delivered to the Customer upon delivery of the Products ordered.
SERGE FERRARI will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
If the Customer's bank refuses to debit a card or other means of payment offered by SERGE FERRARI on the Site, or if, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the Customer proves impossible, the order will be canceled and the sale automatically terminated.
Delivery means the transfer to the Customer of physical possession or control of the Products. It is only possible after confirmation of payment by the banking organization used by SERGE FERRARI.
SERGE FERRARI delivers its products in France.
Delivery costs are calculated based on the delivery address, the tracking service chosen and the weight of the package. The delivery costs are indicated in your Basket as soon as you have entered the delivery address in your account.
If you order without setting up an account, the applicable delivery costs appear in step 4 \"Delivery\". Until entering the delivery address, the shipping costs are given as an indication for delivery in mainland France.
Delivery costs are free (excluding Chronopost) for any order of more than 129 euros including tax for delivery in mainland France.
The products are dispatched with the delivery note, to the delivery address indicated during the ordering process. Delivery cannot be made either to hotels or PO boxes.
You are kept informed of your order's shipping progress using the tracking number and the carrier link that you receive when your your products are shipped.
6. DELIVERY TIMES
SERGE FERRARI undertakes to make its best efforts to deliver the Products ordered within the period specified in the Contract.
The delivery times indicated on the site are indicative, corresponding to the average times for processing and delivery. Delivery times take into account the preparation time in our warehouse as well as the delivery time of the carrier.
In order to meet these deadlines, you must ensure that you have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access codes, names and / or intercom numbers, etc.).
Orders are received Monday to Friday (excluding holidays). Orders placed on Saturday and Sunday are processed on the followinf Monday or Tuesday depending on the available stock.
• Working days of our warehouse: Monday to Friday, excluding public holidays.
• Working days for carriers: Monday to Saturday, excluding holidays.
During periods of peak transport activity (end of year celebrations, Valentine's Day, etc.), the delivery time may be extended.
SERGE FERRARI makes every effort to respect the delivery times. However, SERGE FERRARI cannot be held responsible for any delays in delivery due to a major holiday with heavy delivery traffic (Christmas, Valentine's Day, Mother's Day, etc.) or in any event of force majeure.
If the Products ordered have not been delivered on the designated delivery date, for any reason other than force majeure, the sale may be resolved upon written request by the Customer if after having instructed SERGE FERRARI to deliver in a reasonable additional time, the latter did not comply within this time. The sums paid by the Customer will then be returned by bank transfer within a maximum period of fourteen (14) days, excluding any compensation or deduction.
Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered once only.
If at the time of delivery, the original packaging is damaged, torn or opened, the Customer must then check the condition of the Products. If they have been damaged, the Customer must refuse the package and note a reservation on the delivery slip (\"package refused because opened or damaged\"). The Customer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (Product missing that appears on the delivery slip, damaged package, broken products, etc.). This verification is considered to have been carried out once the Customer, or an authorized person, has signed the delivery slip.
6.1. Delivery by COLISSIMO
SERGE FERRARI has chosen Colissimo de La Poste which offers the following four delivery methods according to their general conditions of sale:
Colissimo - At the Post Office. You can choose the post office where you wish your package to be delivered (without any prior attempted delivery at your home). You will be informed of the availability of your package by SMS and email, with a withdrawal slip allowing you to collect it from the designated post office within 10 working days. After this time your package will be returned to its sender. This option is only available for mainland France and Corsica
Colissimo - In PickUp relay or PickUp Station locker. You can choose one of the 5,500 shopkeepers, near your home, your place of work or vacation address, to which you wish to have delivered. You will be informed of the availability of your package by SMS and email, with a withdrawal slip allowing you to come and collect it within 10 working days. After this time your package will be returned to sender. This option is only available for mainland France and Corsica.
Colissimo Domicile - without signature. Your package is delivered to you personally or delivered to your mailbox. If its size does not allow delivery to the mailbox, it will be made available to you at your designated post office. You then have 10 working days from the arrival of your package at the post office to collect it. After this time, it will be returned to sender. In all cases, you are informed by email 24 hours before the delivery of your package. This option is available for mainland France, Corsica and Overseas.
Colissimo Domicile - with signature. Your package is hand delivered and must be signed for. If you are absent, it will be made available to you at your designated post office. You then have 10 working days from the arrival of your package at the post office to collect upon showing proof of identity. After this time, it will be returned to sender. In all cases, you are informed by email 24 hours before the delivery of your package. This option is available for all countries served.
6.2. Delivery by CHRONOPOST
SERGE FERRARI has chosen Chronopost de La Poste which offers the following four delivery methods according to their general conditions of sale:
Chronopost Domicile - express delivery. For any order placed before 2 p.m. (UTC +2) your package will be delivered within 24 hours in the morning to your home before 1 p.m. If necessary, you can choose a new delivery date or request a collection point. You can follow your package at any time on chronopost.fr or on the Chronopost smartphone application.
Chronopost en Chrono Relais - express delivery. For any order placed before 2 p.m. (UTC +2), your package will be shipped by Chrono Relais, with availability the next day from 1 p.m. at the Pickup relay. You can follow your package at any time on chronopost.fr or on the Chronopost smartphone application.
Chronopost Domicile - Express delivery abroad. For any order placed before 2 p.m. (UTC +2) your package will be delivered to your home in 1 to 3 days in Europe, in 48 hours to French overseas departments and in 2 to 5 days to the rest of the world. If necessary, you can choose a new delivery date or request a pick-up point point. You can follow your package at any time on chronopost.fr or on the Chronopost smartphone application.
Chronopost - Europe delivery to a relay point. For any order placed before 2 p.m. (UTC +2), your package will be sent to the Relay point of your choice, with delivery within 1 to 3 days at the Pickup relay. You can follow your package at any time on chronopost.fr or on the Chronopost smartphone application.
The request for information concerning your mandatory mobile number is not intended for SERGE FERRARI but required for smooth delivery of your packages for Colissimo and Chronopost. Consult Chronopost deadlines.
6.3. You are strongly advised to collect your package at the pick-up point indicated by the carrier within 24 to 72 hours, taking with you the notification left by the delivery driver and proof of identity.
If the recipient does not collect the package within the time limit indicated or in the event of the package being returned to SERGE FERRARI, the delivery will be considered as completed and no refund or any reshipment of the product to another address will be made.
6.4. In the event of the home address corresponding to a public establishment (hospital, etc.) or a private establishment (business, trade, school, clinic, retirement home, etc.) and the package cannot be delivered by hand to the addressee, the delivery will then be considered to have been made from the moment the parcel has been delivered to the reception or to the establishment's department devoted to receiving goods.
7.1. SERGE FERRARI is responsible for any lack of conformity of the goods sold in accordance with articles L217-3 to L217-4 of the French consumer code, partially reproduced below.
Art. L. 217-4. “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been designated with this responsibility by the contract or has been carried out under his responsibility.”
Art. L 217-5. \"The product conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar product and, if applicable: - if it corresponds to the description given by the seller and has the qualities that were presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by 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, brought to the attention of the seller and which the latter has accepted.
Art. L. 217-12. \"The action resulting from the lack of conformity lapses two years after delivery of the goods\".
7.2. SERGE FERRARI also remains bound by the legal guarantee concerning hidden defects under the conditions set out in articles 1641 to 1648 of the Civil Code, as well as in article 2232 of the same code, partially reproduced below.
Art. 1641. \"The seller is bound by the guarantee concerning hidden defects in the item sold which render it unfit for the use for which it is intended, or which reduces this use to such a degree that the buyer would not have acquired it, or would have paid a lower price, if they had been known.\"
Art. 1648 - paragraph 1 \"The action resulting from latent defects must be declared by the purchaser within two years from the discovery of the defect\".
Art 2232 of the Civil Code “The postponement of the starting date, the suspension or interruption of the prescription cannot have the effect of bringing the period of the extinctive prescription beyond twenty years from the day of the right becoming applicable. The first paragraph is not applicable in the cases mentioned in articles 2226, 2227, 2233 and 2236, in the first paragraph of article 2241 and in article 2244 [of the same Code]. Neither does it apply to actions relating to the status of persons.”
7.3. SERGE FERRARI reminds the Customer that under the legal guarantee of conformity:
• The Customer has a period of two years from the delivery of the goods to act;
He can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the consumer code. \"In the event of a lack of conformity, the buyer chooses between repair or replacement of the asset. However, the seller may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the alternative modality, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. \"
• He is exempt from bringing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
• The consumer is also informed that the legal guarantee of conformity applies independently of the commercial guarantee which may be provided. Also the consumer can decide to implement the guarantee against the hidden defects of the item sold within the scope of article 1641 of the civil code and in this case, he can choose between the cancellation of the sale or a reduction in the selling price in accordance with article 1644 of the civil code.
SERGE FERRARI makes every effort to satisfy you as well as possible. You have the possibility of making complaints within the legal deadlines under the terms of the conformity guarantee or the hidden defect guarantee, by contacting us at the address http://agivir.com/nous-contacter/ and by attaching photos highlighting the defect or non-compliance noted.
If necessary, SERGE FERRARI may ask the Customer to provide additional information, or to return the Products concerned to SERGE FERRARI for examination, at the latter's expense.
In the event of a proven non-conformity or hidden defect, and without prejudice to the rights available to the Customer under these legal guarantees, SERGE FERRARI will offer, at the Customer's choice, to reimburse all sums paid within a maximum of fourteen (14) calendar days, or to proceed to the complete replacement of the Order.
If the product has not been delivered for any reason other than force majeure or the aforementioned cases (absence of recipient, incorrect information, etc.), the sale may be cancelled and the purchaser may obtain a refund of the price paid, excluding any other indemnity or damages.
9. RIGHT OF WITHDRAWAL
In accordance with articles L221-18 et seq. of the Consumer Code, you have a right of withdrawal, without giving any reason, which you can exercise within fourteen (14) calendar days from delivery or collection of the order at the relay point.
In this case, you are required:
• To inform SERGE FERRARI Customer Service by e-mail at email@example.com, or by regular mail at the following address: Zone Industrielle Rochetoirin 87 Rue Joseph Jacquard - Bâtiment F, 38110 ROCHETOIRIN of your intention to exercise your right of withdrawal by means of an unambiguous declaration using a durable medium (for example, letter sent by post or e-mail). The Customer can use the model withdrawal form detailed below, although this is not compulsory.
• To return all the Products contained in the Order at your expense to SERGE FERRARI in their original packaging, unsealed and in perfect condition, without undue delay and, in any event, within fourteen (14) days following the notification to SERGE FERRARI of your decision to withdraw. This deadline is deemed to be respected if the Customer returns the Products before the expiration of the fourteen (14) day period.
In the event of withdrawal, SERGE FERRARI will reimburse the Customer for all payments received from the Customer, including the initial delivery costs without undue delay and, in any event, no later than fourteen (14) days from the day on which SERGE FERRARI is informed of the Customer's decision to withdraw. SERGE FERRARI will reimburse using the same means of payment as that which the Customer used for the initial transaction, unless the Customer expressly agrees to a different means. This reimbursement will not incur any costs for the Customer. SERGE FERRARI reserves the right to postpone the reimbursement until the Products have been received or until the Client has provided proof of shipping the Products, the date chosen being that of the first of these events.
In the event of depreciation of the Products returned resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products, SERGE FERRARI reserves the right to engage the responsibility of the Customer and to request payment for a compensatory allowance proportionate to the purchase price of said Products. Return costs will be borne exclusively by the Customer.
Under Article L. 221-28 of the Consumer Code, the right of withdrawal is excluded for certain Products, namely products which have been unsealed by the Customer and which cannot be returned for health reasons.
Model withdrawal form
For the attention of SERGE FERRARI SAS, Zone Industrielle Rochetoirin 87 Rue Joseph Jacquard - Bâtiment F, 38110 ROCHETOIRIN
I hereby wish to notify you of my withdrawal from the contract for the sale of the items listed below:
Your delivery adress:
(*) Delete any irrelevant reference.
10. RESPONSIBILITIES AND FORCE MAJEURE
The items we sell are described and presented with the greatest accuracy. However, the colors may be altered by your computer screen and we cannot guarantee them contractually.
The Customer is solely responsible for the choice of Products, their conservation and their use.
The Customer must use and maintain the Products in accordance with the instructions enclosed with them. The Customer agrees to read and comply with all the indications associated with the Products.
In general, the Customer guarantees to be the holder of the bank card used for payment. Consequently, the Customer who ordered the Products guarantees SERGE FERRARI against all the harmful consequences of the unauthorized and / or fraudulent use of a third party's bank card.
SERGE FERRARI is exempt from its responsibility in all cases of force majeure, within the meaning of article 1218 of the civil code. In particular, considered to be cases of force majeure are recognized disasters or bad weather, strikes by logistics provider personnel, or any other event likely to disrupt the smooth carriage of goods and IT flows.
We are only bound by an obligation of means with regard to the functioning and continuity of the service on the internet. We cannet therefore see our responsibility being engaged for the inconveniences and damages which would result from the use of the Internet network in the event of an interruption in the continuity of the service, the presence of computer viruses or external intrusions or, more generally, any force majeure qualified by French courts.
The payment of the price of the products makes the order final and the responsibility of SERGE FERRARI cannot be sought in the event of the information relating to the order is discovered to be incomplete, insufficient or erroneous and would not have enabled the carrier mandated by SERGE FERRARI to ensure delivery or leave a card proving that a delivery had been attempted.
11. PROTECTION POLICY OF YOUR PERSONAL DATA
The data collected by SERGE FERRARI on the Site is intended for us and is necessary for the purposes of managing customer files, order management, delivery management and billing management. SERGE FERRARI is therefore likely to record your surname, first name, telephone number, email, postal address and billing address, this requisite data being mentioned as such. This processing takes place under the conditions defined by SERGE FERRARI in its confidentiality policy. The Customer is therefore invited to go to the following page http://agivir.com/content/3-politique-de-confidentialite in order to learn about the data processing conditions implemented.
With Customers' agreement, SERGE FERRARI may send them a newsletter and personalized alerts, particularly in the form of e-mails or SMS messages.
If Customers no longer wishes to receive promotional messages, they can unsubscribe at any time from their Account or by clicking on the unsubscribe link contained in every promotional message.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the elements featured on the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademark and patent law. By connecting to the Site, the client is prohibited from copying or downloading all or part of its content, unless prior and express authorization has been granted by SERGE FERRARI.
14. APPLICABLE RIGHTS
All orders and these General Conditions are subject to French law.
In the event of litigation, an amicable solution will first of all be sought before any legal action is taken. To this end, please contact our customer service by post at the following address: SERGE FERRARI SAS - Agivir, Zone Industrielle Rochetoirin 87 Rue Joseph Jacquard - Bâtiment F, 38110 ROCHETOIRIN.
The Customer is informed of the possibility of having free recourse, in the event of a dispute, to a conventional mediation procedure provided by SERGE FERRARI or any other alternative method of dispute resolution.
The mediator proposed by SERGE FERRARI is […] (“the Mediator”).
This mediation channel can be reached by:
or by post:
In accordance with article L612-2 of the Consumer Code, one of the conditions precedent to the examination of a dispute by the Mediator is as follows: the consumer must justify having attempted to resolve the dispute in question beforehand directly with SERGE FERRARI, via a complaint delivered by post or electronic mail.
Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and European Union professionals.
This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/
If agreement is not reached within 2 months of the other party being notified of the dispute, all disputes to which this contract may give rise, concerning the operations referred to herein, its validity, its interpretation, its execution , its termination, their consequences and repercussions will be submitted to the competent courts under the conditions of common law.
15.1 SERGE FERRARI may at any time modify the terms of these GTC.
These modifications are binding as soon as they are put online, apply to any use of the Services and in particular any Order placed after these changes have been published online. You are therefore recommended to regularly consult the GTCs on the Site in order to become aware of any new conditions in force.
15.2 If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will maintain their full force and scope.
15.3 These GTCs and the details of the order sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.
15.4 Unless proven otherwise, the data recorded by SERGE FERRARI constitutes proof of all transactions.
15.5 Any contract concluded with the Customer corresponding to an order of an amount greater than 120 euros including tax will be archived by SERGE FERRARI for a period of ten (10) years. SERGE FERRARI will archive this information in order to monitor transactions and produce a copy of the contract at the Client's request.
15.6 In the event of a dispute, SERGE FERRARI will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.