PREAMBLE
The Site is entirely managed by the company AFFECTIVE SARL with a capital of 16,666.67 €, whose registered office is located at 9 des Augustins in Lille (59000), registered in the Lille Métropole RCS under number 789 725 108, VAT number FR 00789725108 ("AFFECTIVE")
It is specified beforehand that these conditions exclusively govern the sales organized by Affective on the Site.
The Customer declares having acknowledged and accepts unreservedly all the clauses of the General Conditions of Sale (the "GTC") of Affective.
ARTICLE 1: Definition and Application of the General Conditions of Sale
The GTC detailed below apply to all orders for products placed via the Site (the "Products") by any individual (the "Customer").
The Customer must become familiar with the GTC prior to any order (the "Order"), the GTC being available at all times on the Site.
Affective reserves the right to adapt or modify the GTC at any time. The version of the GTC in force applicable to any Order is the one appearing online on the Site at the time of the Order. Consequently, placing an order requires the Customer's prior adherence to these GTC by clicking on the button "I have read and unconditionally accept the general terms and conditions of sale".
ARTICLE 2: Purpose of the Site
The Site is an e-commerce site whose purpose is to market IESEG derivative objects.
ARTICLE 3: Access to the Site
Access to the Site is possible from a computer, phone, personal assistant, or portable terminal connected to a telecommunications network according to the communication protocols used on the Internet. You are informed that the cost of accessing and navigating the Site is exclusively borne by the Customer.
The Site is accessible 24 hours a day, 7 days a week for any customer with access to the website, except in cases of force majeure or events beyond our control. However, an interruption for inventory reasons or technical maintenance necessary for the proper functioning of the Site and the related equipment, or for any other reason, may be decided by Affective. Affective is under no obligation of result concerning access to the Site. Affective is in no way responsible for interruptions and the consequences that may result. Affective reserves the right to suspend, interrupt, or limit, without prior notice, access to all or part of the Site, particularly for maintenance and updating operations. The Customer is informed that Affective may terminate or modify the characteristics of the Products present on the Site at any time, without notice.
ARTICLE 4: Identification
An identifier (email address) and a password, freely configurable and modifiable at any time, allow the Customer to access the Site. The identifier and password are strictly personal and non-transferable. The Customer is solely responsible for maintaining the secrecy of his password and identifier. The Customer is also responsible for any access to the Site made using the identifier and password, except for proof of fraudulent use.
In case of loss, misappropriation, or fraudulent use of the identifiers and password by a third party, the Customer undertakes to immediately notify Affective by email at the following address: sav@affective.fr specifying his identifier. In the event of proven fraudulent use of the password, Affective will contact the Customer to find an adequate solution.
In case of forgetting the password, an email resend procedure allows the recovery of the use of the password. This procedure assumes the mention of the identifier and the use of the email address communicated by the Customer during his authorization request (or modified in case of update).
ARTICLE 5: Products
The Products offered for sale are those described on the Site on the day of the Customer's consultation of the Site, within the limits of available stocks. These indications are automatically updated in real-time. However, an error in the update does not engage the responsibility of Affective. In case of stock out, Affective undertakes to reimburse the Customer by issuing a credit note or by bank transfer for a payment by credit card, for example.
Affective takes great care in the presentation and description of the Products to best satisfy the Customer's information. However, despite the best efforts made in representing the products on the Site, the photos are provided for illustrative purposes. Therefore, there may be a slight discrepancy between the photograph of the Product and the Product itself, which the Customer acknowledges and accepts. In case of doubt or if you want further information, you can contact Affective at the following address: sav@affective.fr
It is specified that Affective only accepts the return of intact and unused Products, these two conditions being checked before restocking the returned Products. In case of non-compliance with these two conditions, the Customer will not be able to exchange his Product or obtain a refund for it.
ARTICLE 6: Order
6.1 Order Modalities
Only individuals can place orders via the Site. For companies or associations, it is necessary to contact the IESEG objects shop directly at the following address: sav@affective.fr
The Order is subject to compliance with the procedure established by Affective on the site comprising successive steps leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and associated costs. The Customer may freely modify the Basket before validating his Order. For the Order to be effective, the Customer must check the box relating to the acceptance of the GTC which will constitute acceptance of the GTC, the Products purchased, their price, as well as the associated costs.
After confirming the content of his Order, the customer will definitively validate it by making the payment, guaranteeing to be the holder or fully authorized to use the selected payment method. The order will only be final upon payment of the corresponding price. Payment by purchase order implies payment by bank transfer according to the payment conditions.
A confirmation email summarizing the Order (Product(s), price, availability of the product(s), quantity...) will be sent to the Customer by Affective. To this end, the Customer expressly accepts the use of email for Affective's confirmation of the content of his Order.
The Customer can consult the history of his Order and his invoice in the "my account" space of the Site.
It is reminded that placing the Order implies a payment obligation. Orders must be paid immediately, no discount is provided.
6.2 Inability to Process an Order
In case of force majeure or an event beyond the control of Affective (stock shortage linked to external factors such as theft, floods, fires...) Affective cannot be held responsible towards the Customer for the decision to withdraw a Product from the Site, or for the decision to replace or modify any content or information appearing on this Site, including after sending a confirmation email summarizing the Order.
ARTICLE 7: Prices and Payment Terms
7.1 Prices
The prices of the Products are indicated on the Site in euros including all taxes, excluding participation in processing and shipping costs (the amount of which will be charged in addition when definitively validating your order) and, excluding customs duties and other taxes (in particular tax on videograms, eco-participation...).
In case of delivery outside French territory, customs duties and other taxes are not included in the price paid by the Customer. These fees must be paid by the Customer directly to the carrier.
Affective reserves the right to modify its prices at any time, but the Products will be invoiced based on the rates in force at the time of registration and payment of the Order, subject to availability.
In the event that there is a display error on the price, and that the real price is higher than the price displayed on the Site, Affective will contact the Customer to ask if he wishes to buy the Product at its real price or if he prefers to cancel his Order.
7.2 Delivery Charges
The delivery charges are borne by the Customer and vary according to the weight of the order. Four delivery modes are offered to the Customer according to the weight and the desired delivery time:
DPD: Standard delivery 72h after receipt of the purchase order/payment.
Messenger - Pallet (Schenker): Standard delivery 4 to 5 working days after receipt of the purchase order/payment.
Delivery in Europe: Delivery times (excluding customs): 3 to 12 working days after receipt of the purchase order/payment.
Express delivery: Delivery in 24h if order placed before 1 pm.
The amount of delivery charges is indicated on the Order summary.
7.3 Payment Terms
Payment for the Products is made exclusively online by credit card.
The Customer expressly acknowledges that the communication of his credit card number constitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a cancellation notification of Order for lack of payment is sent to the Customer by Affective on the email communicated by the Customer during his registration on the Site.
Affective never has access to confidential information related to the payment method. Therefore, the Customer's bank details will be requested for each new Order. The purchase order constitutes proof of any financial transaction between the Customer and Affective.
Any Order is considered definitively validated when the purchase order is attached to the store.
In the meantime, the Products remain the property of Affective until full payment of the price by the Customer. At the time the Customer takes physical possession of the Products ordered, the risks of loss or damage to the products are transferred to the Customer.
Finally, Affective reserves the right to cancel or refuse any Order if there is a dispute relating to the payment of a previous order.
ARTICLE 8: Security of Payments
The Site is subject to effective security systems. It has not only adopted the TLS (Transport Layer Security) encryption process but also strengthened all scrambling and encryption processes to protect as effectively as possible all sensitive data related to payment methods.
ARTICLE 9: Delivery
Deliveries are provided from Monday to Friday according to the option chosen by the Customer when validating his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery").
The Delivery costs applicable to the Order are those mentioned on the Site at the time of placing the Order.
When Affective takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
By exception, the risk is transferred to the Customer from the delivery of the Product to the carrier when the latter is in charge of transport by the Customer and not by Affective.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice, of a legal entity (delivery to his company). Delivery cannot be made either in hotels or to PO boxes.
In case of impossibility to perform the Delivery, due to an erroneous delivery address or due to the absence of withdrawal by the Customer of his Order at the selected withdrawal point, no reshipment can be made and the Customer will be refunded within 5 (five) days from the receipt of the return of the Order by Affective.
When the Customer orders Products with different delivery times, the Delivery time of the Order is based on the longest delay. Affective reserves the right to split shipments. The participation in processing and shipping costs will be charged for only one shipment.
Affective delivers the Orders within a maximum principle period of 7 (seven) working days for Delivery in Metropolitan France and 15 (fifteen) working days for Delivery in Europe, this period being counted from the day after the validation of the Order. The day after a collection goes online, the Delivery time may be increased by 10 (ten) days, given the significant and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that he has provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.). Affective can in no case be held responsible in the event of impossibility of delivering the package due to an inaccuracy or inaccuracy in the Delivery address provided or in case of non-presence at the indicated address.
Affective cannot, however, be held responsible for the delay in delivery not being its fault or justified by a case of force majeure.
When receiving the Order, the Customer must ensure the conformity of the Products.
Finally, it is reminded that when the Customer (or a third party designated by the Customer) physically takes possession of the Products ordered, the risks of loss or damage to the Products are transferred.
ARTICLE 10: Availability of Products
The Products and prices are valid as long as they are visible on the Site and within the limits of available stocks.
Indications on the availability of the Products are provided to the Customer at the time of placing the Order. For technical reasons related to the impossibility of displaying the stock and refreshing the pages in real time, discrepancies in stock are always possible. In case of unavailability, the Customer will be informed by email of an indicative date of arrival of the Product. The Customer can then decide to cancel his Order or wait for the Products to be back in stock.
Indications on the availability of the Products are provided on the product sheet at the time of placing your Order. This information coming directly from Affective's suppliers, errors or changes may exceptionally exist.
If payment has already been made, Affective undertakes to reimburse the Customer, by bank re-credit or other payment selected during the act of purchase.
ARTICLE 11: Right of Withdrawal
11.1 Modalities
To exercise his right of withdrawal, the Customer must contact Affective within 14 (fourteen) days following the receipt of the Product, without having to justify it, in accordance with the provisions of articles L.221-18 and following of the Consumer Code.
However, only the reimbursement of the Product by Affective is possible to the exclusion of any other form of compensation, in any form whatsoever.
Except for the exclusions mentioned below, the Customer may obtain a refund of the returned Products as well as the Delivery costs of the Order corresponding to the prorata of the value of the returned Product in relation to the amount of the Order and excluding any additional costs. The refund will be made by the same means of payment as that used for the initial transaction. The refund will be made, as soon as possible and at the latest within 14 (fourteen) days following the effective exercise of the right of withdrawal. Affective may defer the refund until receipt of the Product(s) or proof of shipment of the product(s), the date retained being that of the first of these facts.
When the 14 (fourteen) day period expires on a Saturday, a Sunday, or a public holiday, it is extended until the next working day. ATTENTION: NO CUSTOMIZABLE PRODUCTS OR PRE-ORDERS ARE ELIGIBLE FOR REFUND, PLEASE NOTE THAT CUSTOMIZABLE PRODUCTS OR PRE-ORDERS ARE DELIVERED 3 TO 4 WEEKS AFTER VALIDATION OF THE ORDER.
In accordance with article L.221-23 of the Consumer Code, the return costs of the Products will remain at the expense of the Customer except in case of non-conformity of the Products delivered in relation to the Order, which will be at the expense of Affective. Failing to respect the deadlines mentioned, Affective will not proceed with any refund.
The delivered Product must be returned with the Delivery note, in its original packaging, complete (accessories, instructions...) in a perfect state for resale. The withdrawal can never be exercised if the Products have been, even partially, consumed, washed, soiled, damaged, or used. Similarly, returned Products that are incomplete, damaged, or soiled will neither be taken back nor exchanged.
11.2 Exclusions
The right of withdrawal does not apply to:
• the delivery of Products that cannot be returned for reasons of hygiene or health protection, if the Customer has unsealed them or, which have, after being delivered, been inseparably mixed with other items;
• the delivery of audio or video recordings or computer software when you have unsealed them after Delivery;
• the Delivery of Products that have been made to the Customer's specifications or are clearly personalized or on pre-order;
• the supply of Products liable to deteriorate or expire rapidly.
ARTICLE 12: Return of Products - Refund
Pre-ordered products are not eligible for returns or refunds.
ARTICLE 13: Legal Warranties
In accordance with the provisions of the legal warranties of conformity and hidden defects (mentioned in the box below), Affective will reimburse or exchange apparently defective Products or those not corresponding to the Customer's order.
For a refund, the Customer should contact Affective's customer service at the following address: sav@affective.fr
The Products must be returned to Affective in the condition in which the Customer received them with all the elements (accessories, instructions...) in packaging allowing transport in good conditions. The shipping costs will be reimbursed to the Customer on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts.
It is reminded that within the framework of the legal warranty of conformity, the consumer:
• has a period of two years from the delivery of the good to act vis-à-vis his seller;
• can choose between the repair or replacement of the good, subject to the cost conditions provided for by article L. 217-9 of the consumer code;
• is exempt from providing proof of the existence of the good's lack of conformity during the 24 months following the delivery of the good, except for second-hand goods.
You can decide to implement the warranty against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this hypothesis, you can choose between the resolution of the sale or a reduction of the sales price in accordance with article 1644 of the Civil Code.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal
ARTICLE 14: Responsibility
Affective is bound to deliver Products that conform to the contractual provisions.
The Products are considered as conforming to the contractual provisions if the following conditions are met:
they must conform to the description and possess the characteristics presented on the Site; they must be suitable for the purposes for which products of this kind are generally designed; they must meet the quality and resistance criteria that are generally accepted for products of the same type and that can reasonably be expected.
However, the Customer is invited to use his product cautiously. Affective's liability cannot be engaged in case of misuse.
Affective's liability will also not be held liable in case of delay or failure if the delay or failure is due to a cause outside of its control: fortuitous event or case of force majeure as defined by the current law.
Affective cannot in any case be held responsible: in case of false information or error in entering its contact details by the Customer; in case of misuse of the identifiers or the order placement procedure; in case of obvious error in displaying a derisory price.
Regarding the security of the Site, Affective commits to making its best efforts to secure it. However, no site being inviolable, its responsibility cannot be questioned if undesirable data are imported and installed on the Site without its knowledge, or if on the contrary, the data transmitted by the customer to manage his order are diverted, deteriorated, lost or used illicitly by third parties.
Affective will not be responsible for any damage that could be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a function of a computer or to disrupt the proper functioning of it, including any transmission resulting from the download of any content made by the Customer, the software used by him to download the content, the Site or the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install antivirus and appropriate security software on his computer hardware and any other device to protect them against any bug, virus, or other programming routine of this order proving harmful.
The Customer is also solely responsible for the use he makes of the Site and Affective cannot be held responsible for any claim and/or procedure made against it.
Conversely, the Site contains a number of hyperlinks to other websites. To the extent that Affective cannot control these sites and these external sources, Affective cannot be held responsible for the provision of these sites and external sources, and cannot bear any responsibility for the contents, advertisements, products, services or any other material available on or from these sites or external sources. Furthermore, Affective cannot be held responsible for any proven or alleged damage following or related to the use or to the fact of having trusted the contents, goods or services available on these sites or external sources. Finally, within the limits authorized by the law, Affective cannot be held responsible in the event that the content of these other sites contravenes the legal and regulatory provisions in force. You must therefore comply with the terms and conditions of use of these sites.
ARTICLE 15: Miscellaneous Provisions
The nullity in whole or part of one or more provisions of the GTC, under a legal or regulatory provision or a decision of justice having become final, does not entail the nullity of the other provisions or the part of the provision not tainted with nullity.
ARTICLE 16: Complaint - Dispute
For any complaint, the Customer will contact Affective at the following address:
Affective
IESEG Complaints Service
45-47 rue Paul Bert
92100 Boulogne-Billancourt
France
or by email: sav@affective.fr
The Customer is informed that he may in any case resort to conventional mediation, with the existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in case of dispute.
In this case, the designated mediator is:
MEDICYS
73 boulevard de Clichy, 75009 Paris
Telephone: 01 49 70 15 53
Email: contact@medicys.fr
Website: www.medicys.fr
The Customer is also informed that he may also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
These General Conditions of Sale are subject to French law.
All disputes relating to the purchase and sale operations concluded under these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, may be submitted to the competent courts under common law conditions.