1.1 These general terms and conditions of sale (GTC) govern the contracts for the sale of products, concluded between the company Alain BIVAS (hereinafter the “Seller”) and any customer, whether professional or consumer (hereinafter the “Customer”) on the Seller’s website at the address: https://www.sunplicity.fr. (hereinafter the “Site”). The GTC exclusively govern distance sales within the meaning of the Consumer Code, excluding transactions concluded in or outside the Seller’s premises. They define the rights and obligations of the parties, and are an integral part of the Sales Contract concluded.
1.2 Prior to ordering, the Customer declares that they have read these General Terms and Conditions and accept them without restriction or reservation. This acceptance is deemed to have been acquired in a clear and unequivocal manner, by the computer validation of these General Terms and Conditions on the Seller's Website; as required before placing any order. The fact that any Customer places an order for goods on the Website, in any event, implies their full, complete and unreserved acceptance of these General Terms and Conditions, which prevail, where applicable, over any other specific conditions emanating from the Professional Customer.
1.3 The Seller reserves the right to modify these General Terms and Conditions at any time by publishing a new version on its Website, which can be viewed at the following address: https://www.sunplicity.fr. In the event of modification, the applicable General Terms and Conditions are those in force at the time the order is placed.
1.4 The fact that the Seller does not avail itself of any provision of these General Terms and Conditions cannot be interpreted as constituting a waiver on its part to subsequently avail itself of said provision.
1.5 If one of the provisions of these General Terms and Conditions or of the sales contract were to be cancelled, the clause concerned would be deemed unwritten and the nullity would not entail that of the other provisions which would remain in force, unless otherwise required.
2.1 Prior to placing an order, the Customer expressly declares and acknowledges (1) that they are able to enter into a contract under French law and/or to validly represent the legal entity for which they are committing; (2) that they have received the necessary advice and information from the Seller to ensure that the offer meets their needs; (3) that they have read the pre-contractual information required by Article L111-1 of the French Consumer Code, as more fully defined on the Seller's website accessible at the following address: https://www.sunplicity.fr. In order to provide the Customer with complete information, it is recalled:
2.2 Seller Information: The Seller, the sole co-contractor of the Customer, is constituted by the Company Alain BIVAS, a simplified joint-stock company with capital of €5,000, registered with the Albi Trade and Companies Register under number 815 091 590. Registered office address: Lieudit Les Mordorées, 81120 Lamillarié – France, intra-community VAT number: FR 36 815 091 590 The Seller specializes in the design of solar cooking products, which it markets via its Website.
2.3 Contact Seller: For further information or for any complaints, the Customer can contact the Seller by email at the following address: [email protected]; or by telephone at 05 63 79 12 99, or via the contact form on the link https://sunplicity.fr/contact/.
2.4 Product Information: The goods whose sale is governed by these General Terms and Conditions consist exclusively of a foldable solar oven and its accessories, the essential characteristics of which are defined and accessible to the Customer on the Site (hereinafter “the Product”).
2.5 Price information and conditions: The conditions relating to the price of the Products, delivery costs and accessories, payment terms, delivery and execution of the contract, are made available to the Customer on the Site https://www.sunplicity.fr and remain accessible before any Order is placed. The Customer confirms having read them prior to the conclusion of the contract.
The conclusion of the Sale between the parties necessarily presupposes, subject to the Consumer Customer's right of withdrawal, (1) the Customer's obligation to inquire and take note of the information presented on the Site relating to the essential characteristics of the Product offer; (2) the selection by the Customer of the Product and, where applicable, its options or accessories; (3) the computer entry by the Customer of the essential data concerning him (identification, address, etc.), and relating to the terms of his order; (4) the acceptance of these General Terms and Conditions by the Customer; (5) the verification of the terms of the order by the Customer and their possible correction; (6) the payment of the Products in their entirety. Unless otherwise specified, the property rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided), the Seller being bound only by the terms and within the limits of the Customer's order formulated at the time of its computer entry. The Seller reserves the right (1) to refuse any order that is abnormal, excessive, in relation to its technical, commercial, financial or logistical capabilities, or that includes conditions exceeding the terms of this document, or that is submitted to it in bad faith, for an illegitimate purpose or reason; and/or (2) not to record a payment, or not to confirm an order in the event of a supply problem, without its liability being incurred for any of these facts.
The placing of orders by the Customer is carried out exclusively on the Seller's Website, and through the interface made available to it, to the exclusion of any other process. Any order from the Customer is firm, definitive, and binding, from its receipt by the Seller, subject to the legal right of withdrawal available to the Consumer Customer. Any subsequent modification of the Order for any reason whatsoever, is only valid with the express and prior agreement of the Seller. The contractual information brought to the attention of the Customer when placing the order is presented in French and is the subject of a summary and confirmation at the time of validation of this Order. Any order confirmation implies the Customer's full acceptance of these General Terms and Conditions, and constitutes acceptance of the operations carried out. All data provided and entered by the Customer, as well as the recorded order confirmation, will constitute proof of the transaction. Upon validation of the Order, the Customer receives by email at the email address indicated (1) confirmation of the payment made, (2) an order confirmation email summarizing the terms, as well as (3) a copy in pdf format of these General Terms and Conditions, as previously validated when placing the order.
Deliveries are made to the address indicated by the Customer when ordering, and under the conditions indicated on the validation page. The shipping time for the Products is 24 hours (working days), except in exceptional cases, after receipt of the full price of the order. The delivery time of the products is provided by La Poste via Colissimo and varies depending on the country of delivery. In the event of a delivery delay exceeding 30 days beyond the indicated time, the Consumer Customer may cancel it and terminate the contract by registered letter with acknowledgment of receipt addressed to the Seller, under the conditions defined in Article L138-2 of the Consumer Code. The Seller will then refund the Product and shipping costs, under the conditions of Article L 138-3 of the Consumer Code. Regarding sales concluded with non-consumer Customers, however, delivery delays cannot give rise to any damages, price reduction, retention, modification or cancellation of current orders. In any case, the Seller will not be held responsible for delivery delays resulting from the unavailability or absence of the Customer after several unsuccessful appointment proposals. The Seller provides the Customer with a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure the follow-up of the Order.
The Seller undertakes to honor the Customer's Order within the limits of available Product stocks and the stocks of its suppliers. In the event of unavailability of the Product for a period exceeding 90 working days, the Customer will be immediately notified by the Seller of the expected delivery times, and the Order may be canceled according to the terms set out in Article 5 of these General Terms and Conditions.
The price of the Products appearing on the order page are expressed in Euros inclusive of all taxes (VAT and other applicable taxes at the rate applicable on the day of the Order), but excluding any processing, shipping and delivery costs, which remain the responsibility of the Customer. For any order shipped outside the European Union and/or French Overseas Territories, the price is expressed exclusive of taxes. It does not include any fees, duties, and fees relating to export that may be payable, which remain the exclusive responsibility of the Customer (such as customs duties, local taxes, import duties, state taxes). These costs and the related formalities are the sole responsibility of the Customer (declarations, payment to the competent authorities, etc.). The Seller reserves the right to modify its prices and pricing conditions at any time, but the Product will be invoiced on the basis of the rate in force as shown on the Site at the time of validation of the Order.
8.1 All sales on the Website are settled in cash. Payment is due immediately upon placing the Order, including for pre-ordered products. The Customer may pay by credit card, by bank check made out in Euros to Alain Bivas SASU, or by interbank transfer using the following IBAN code: FR76 1313 5000 8008 0037 1896 401
8.2 Any delay in payment attributable to the Customer results in: For Professional Customers: (1) the immediate payment of all amounts due; in addition to the application of (2) late payment penalties corresponding to three times the legal interest rate and (3) a fixed compensation for recovery costs of €40, without prejudice to any other compensation that the Seller may claim. For Consumer Customers: (1) the immediate payment of all amounts due after sending a formal notice that has remained unsuccessful for 8 days, in addition to (2) the application of late payment penalties corresponding to the legal interest rate. In all cases, the Seller may suspend or terminate all current Customer Orders after sending a formal notice by registered letter with acknowledgement of receipt that has remained unsuccessful for more than 8 days from its receipt.
Ownership of the Products remains with the Seller until the Customer has paid the full sale price. For Professional Customers, the Seller retains ownership of the Products even in the event of collective proceedings initiated against the Customer, in accordance with Articles L.624-9 et seq. of the French Commercial Code.
10.1 In accordance with Articles L.121-21 et seq. of the French Consumer Code, the Consumer Customer has a right of withdrawal which he may exercise within 14 (fourteen) clear days from receipt of the Products, in order to return them at his expense to the Seller, without having to justify reasons or pay penalties, with the exception of return costs. This withdrawal period runs from receipt of the Products.
10.2 A withdrawal form available to the Customer will be sent to him by e-mail upon request. In order to exercise his right, it is the Customer's responsibility to send the withdrawal form, duly completed, to the Seller at the following address: Société Alain BIVAS, Lieudit Les Mordorées, 81120 Lamillarié or by e-mail: [email protected],
10.3 The Products must be returned by the Customer within 14 days of their decision to withdraw, in their original condition as noted upon receipt, complete and accompanied by all accessory items (utensils, accessories, packaging, instructions, plans, etc.), so that they can be re-sold in new condition. They must be accompanied by a copy of the proof of purchase.
10.4 In the event of exercising the right of withdrawal within the aforementioned period, the Seller will reimburse the Price of the Products purchased and, where applicable, the shipping costs, with the exception of return costs which remain the responsibility of the Customer.
11.1 The Seller guarantees the Customer against (1) hidden defects affecting the Products sold under the conditions provided for in Articles 1641 et seq. of the Civil Code and (2) defects of conformity affecting the Products sold, under the conditions referred to in Articles L. 211-4 et seq. of the Consumer Code for Consumer Customers only. Under the terms of this legal system, defective Products or those not corresponding to the Order may be returned, refunded in whole or in part, or exchanged under the conditions set out below.
11.2 In accordance with Article L. 133-3 of the Consumer Code and the decree of December 18, 2014, it is recalled: That the Consumer Customer, within the framework of the legal guarantee of conformity from which he benefits in accordance with Articles L. 211-4 et seq. of the Consumer Code: (1) has a period of two years from delivery of the goods to act, (2) can choose between repair or replacement of the Goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; (3) is exempt from providing proof of the existence of the lack of conformity of the good during the six months following delivery of the good, a period extended to twenty-four months for any order issued from March 18, 2016. That the Consumer Customer, within the framework of the guarantee against hidden defects of the thing sold from which he benefits in accordance with articles 1641 et seq. of the Civil Code, can choose between the resolution of the sale concluded or the reduction of the sale price in accordance with article 1644 of the Civil Code.
11.3 As part of the implementation of its guarantee, it is the Customer's responsibility (1) to contact the Seller, by post addressed to the Company Alain BIVAS les Mordorées 81120 Lamillarié or by e-mail to the following address [email protected], within 30 days of delivery, unless otherwise required and (2) to return to the Seller the Products subject to the guarantee in the same condition and under the same conditions as stipulated in article 10.3 hereof, accompanied by their sales invoice, which serves as a guarantee certificate.
11.4 The Seller will be reimbursed by check, once the Product has been returned in good condition and in its original packaging. The Seller will also reimburse the Customer for the shipping costs based on the invoiced rate as well as the return costs upon presentation of supporting documents.
11.5 The Seller's warranty does not apply to cases of apparent defects, as well as to defects, deterioration or destruction resulting from natural wear and tear of the Product, a case of force majeure, or when the alleged defect results from the use or misuse of the Product, the imprudence, negligence of the Customer, or the modification of the characteristics of the Product.
12.1 Conformity: The Products sold comply with current French legislation. The Seller shall not be liable in the event of non-conformity of the Products with the legislation of the country of delivery, verification of which is the sole responsibility of the Customer.
12.2 Receipt and apparent defects: The Seller is not responsible or liable for any apparent defects (missing, damaged or otherwise) that may be noted by the Customer upon receipt. It is therefore the Customer's responsibility to check the Products upon receipt. In the event of apparent damage being noted, it is the Customer's responsibility (1) to notify the carrier of written and precise reservations by registered letter with acknowledgement of receipt within 3 (three) days of receipt of the Products, excluding public holidays, with a copy to the Seller, and at the same time (2) to send a complaint to the Seller containing a precise description of the apparent defects noted, by registered letter with acknowledgement of receipt within 7 (seven) calendar days of receipt. If the Customer fails to comply with these conditions, the Products will be deemed to have been accepted without reservation by the Customer. This provision does not, however, prevent the Consumer Customer from implementing the legal guarantees referred to in Article 11 of these General Terms and Conditions.
12.3 Transfer of risks: The transfer of risks to the Customer takes place: (1) for Professional Customers, upon delivery of the Products to the carrier by the Seller; (2) for Consumer Customers, upon delivery of the Products. In accordance with Articles L 138-4 and L.138-5 of the Consumer Code, it is recalled that the risks of loss or damage to the Products are transferred to the Consumer Customer upon taking physical possession of them.
12.4 Use: The Seller cannot be held responsible for damages resulting from improper use of the Product by the Customer.
12.5 Professional Customers: Finally, the Seller cannot be held liable for any direct or indirect immaterial damage suffered by a Professional Customer.
These General Terms and Conditions do not constitute an assignment or transfer of any intellectual property rights belonging to the Seller. All rights relating to the company Alain BIVAS, such as intellectual and industrial property rights, copyrights, other intangible elements (such as trademarks, patents, domain names, products, images, videos, texts, etc.); any element, content, and information present on the Seller's Website, remain its exclusive property. Any reproduction, in whole or in part, modification, exploitation, use, distribution, of any of these elements, as well as the creation of any simple link or hyperlink to the Seller's Website must clearly mention the SUNplicity brand. The Customer publicly presenting the Product is prohibited from removing, altering or modifying the distinctive signs of the Seller which are affixed to the Products. When publicly using the Products, particularly for commercial or promotional purposes, the Customer undertakes to reproduce and mention on its communication media the Seller's contact details, its logo, and the address of its website.
14.1 In accordance with the French Data Protection Act, the Customer has the right to access, modify, oppose, rectify and delete personal data concerning him/her, as collected by the Seller during the Order. To this end, he/she simply needs to make a request by simple mail addressed to the Seller, at the following address: Société Alain BIVAS, Lieudit Les Mordorées, 81120 Lamillarié or by e-mail: [email protected].
14.2 By agreeing to these Terms and Conditions, the Customer consents to the collection and use by the Seller of their personal data necessary for the performance of these Terms and Conditions. They also agree to receive information and promotional offers regarding the Seller's products and services at the email address provided. The Customer may object to the transmission of information concerning them and/or no longer receive announcements and special offers from the Seller, by email or by regular mail addressed to the Seller at the addresses indicated in Article 14.1 of the Terms and Conditions, or by clicking on the unsubscribe link included in each promotional email.
In the event of the occurrence of an unforeseeable event or force majeure, the performance of the Seller's obligations hereunder shall be suspended, without liability being sought in this regard. The Seller shall notify the Customer of the occurrence of such an event as soon as possible.
16.1 All complaints, requests for exchange, refund or warranty must be addressed to the Seller by post addressed by registered letter with acknowledgment of receipt to the Company Alain BIVAS, les Mordorées 81120 Lamillarié or by e-mail to the following address [email protected].
16.2 No return of Products may be made unilaterally by the Customer without the prior written consent of the Seller. This article applies without prejudice to the right of withdrawal enjoyed by the Consumer Customer pursuant to article 10 of these General Terms and Conditions.
In the event of a dispute of any nature or contestation relating to these General Terms and Conditions and/or to the sales contracts concluded, this dispute will be submitted (1) for any sale concluded with a Consumer Customer, to the competent jurisdictions in application of common law and in accordance with the provisions of the Consumer Code; (2) for any sale concluded with a Professional Customer, to the Commercial Court of ALBI to the exclusion of any other jurisdiction, even in the event of an incidental claim, multiple defendants or third-party claims.
These General Terms and Conditions, as well as sales concluded on the Site in accordance with these General Terms and Conditions, are governed by French law. In the event of a dispute, the French courts shall have sole jurisdiction.
The use of containers and lids sold by SUNplicity is reserved exclusively for solar cooking in the SUNplicity dish. Any other use is not guaranteed by the Seller.