Terms and conditions of use
General Terms of Sale and Use (CGV/CGU)
I. About Us
The YESH Company (the"Company")is a SARL with a share capital of 1000, whose head office is at 30.RUE SAINT SUFFREN - 13006 marseille and registered in the Register of Trade and Companies of Marseille, under the number 500539705. The Company sells to its customers through its Website the following products: Hygiene, consumables, wiping, single use, maintenance, personal protection, food packaging, logo welcome mat.
II. Preamble
The Company invites Users to carefully read these General Terms of Sale and Use('CGV/CGU'). Ordering involves the acceptance of the CGV/CGU. Product features are listed on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges that he became aware of them and accepted them by checking the box provided for this before the transfer of his Order online.
The CGV/CGU regulates the conditions under which the Company sells its products to its Professional and Consumer Customers via its Website.
They apply to all sales made by the Company and are required to include any conflicting documents, including the general terms of purchase of the Customer.
They are systematically communicated to the Customer who requests them.
In the event of a subsequent change in the CGV/CGU, the Customer is subject to the version in force at the time of his Order.
III. Definitions
"Client"refers to the Professional or Consumer who has placed an Order for a Product sold on the Website;
"Order" refers to any order placed by the User registered on this Site;
"General Terms of Sale and Use" or "CGV/CGU" refer to these general terms and conditions of use and sale online;
"Consumer"refers to the natural buyer who does not act for professional purposes and/or outside of his professional activity;
"Products" refers to material things that can be appropriated and are offered for sale on this Site;
"Professional" refers to the legal or physical purchaser who acts in the course of his professional activity;
"Site" refers to this website, that is, www.yesh-france.fr;
"Society" refers to the YESH Company, more fully described in Article I of these;
"User" refers to any legal or physical person who uses this Site;
4. Registration
Registration for the Site is open to all major legal or physical persons with their full legal personalities and abilities.
The use of the Site is conditional on the registration of a User. Registration is free.
To register, the User must complete all the required fields; otherwise registration cannot be completed.
Users guarantee and declare on the honor that all information provided on the Site, especially when they are registered, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.
Any registered user has an ID and password. These are strictly personal and confidential and must not be disclosed to third parties under any circumstances or the account of the offending registered User will be deleted. Each Registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will not be held responsible for the impersonation of a User. If a User suspects fraud at any time, they should contact the Company as soon as possible, so that the Company can take the necessary steps and regularize the situation.
Each User, whether a legal or physical person, can only hold an account on the Site.
In the event of non-compliance with the CGV/CGU, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any orders made and invoiced by the Site prior to the deletion of the account will be executed under normal conditions.
In the event of the deletion of an account by the Company for breach of duties and obligations set out in the CGV/CGU, the offending User is strictly prohibited from re-registering on the Site directly, through another email address or by person interposed without the Express permission of the Company.
V. Orders
All Orders can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual shopping cart. He can then access the summary of his virtual shopping cart to confirm the products he wants to order and make his order by pressing the "Commander" button.
He will have to provide an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Company. The finalization of the Order implies the acceptance of the prices of the products sold, as well as the terms and delivery times indicated on the Site.
Once the order is placed, the User will receive confirmation by email. This confirmation will summarize the order as well as relevant delivery information. The transfer of an Order is the conclusion of a distance sales contract between the Company and the Customer.
The Company will be able to provide the Customer with price reductions, discounts and discounts depending on the number of products available on the Site ordered or on the regularity of orders, depending on the conditions set by the Company.
VI. Products and prices
The products that are the subject of the CGV/CGU are those listed on the Site and are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the Company's available stocks. The latter cannot be held responsible for stock outages or the inability to sell a product with no stock.
When a registered User wishes to acquire a Product sold by the Company through the Site, the price shown on the Product page corresponds to the price in euros, excluding taxes (HT), excluding postage and takes into account the discounts applicable and in effect on the day of the Order. The price shown does not include the delivery fee that will be detailed if necessary in the summary before making the order. If the total cost of the Products is not computable in advance, the Company will send the Customer a detailed estimate outlining the formula for calculating the price.
Under no circumstances will a User be able to require the application of discounts no longer in effect on the day of the Order.
VII. Terms of payment
Unless otherwise stated, all sales are paid in cash at the time of the Order.
Depending on the nature or amount of the Order, the Company remains free to require a down payment or payment of the full price when the Order is placed or when the invoice is received.
Payment can be made by:
- Check.
- Bank transfer.
- Cash.
- Bank card via a secure connection.
In the event of a total or partial default of the Products on the date agreed on the invoice, the Professional Customer will have to pay the Company a late penalty at the rate charged by the European Central Bank for its refinancing operation plus 10 percentage points.
The successful financing transaction is the most recent on the date of the Service Benefits Order.
In addition to the late payments, any sum, including the down payment, not paid on its due date by the Professional Client will result in the payment of a lump sum payment of 40 euros due in respect of the collection costs.
In the event of a total or partial failure to pay the Products on the date agreed upon on the invoice, the Consumer Customer will have to pay the Company a late penalty at the rate of interest equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delays in the supply of the products ordered and sums due by the Customer to the Company for the purchase of products offered on the Site.
The penalty due by the Customer, Professional or Consumer, is calculated on the TTC amount of the remaining amount due, and runs from the due date of the price without any prior notice being required.
VIII. Delivery
The products are delivered exclusively in the following geographic areas:
- Metropolitan France, Corsica, Overseas.
On the European continent:
- Germany.
- Andorra.
- Belgium.
- Spain outside the sea.
- Spain, including marine territories.
- Metropolitan France.
- Corsica.
- French Overseas.
- Italy.
Liechtenstein.
Luxembourg.
- Monaco.
The Company is committed to making every material and human effort to deliver the products as quickly as possible. These may vary depending on the customer's geographic area, the mode of delivery chosen or the product ordered.
In the event of exceeding the 10-day delivery deadline, excluding force majeure, the Customer may request the resolution of the contract by recommended letter with request for notice of receipt, after having instructed the Company, on the same terms, to make the delivery within a reasonable additional time, and if the Company has not carried out.
In this case, the Customer will be refunded within 30 days if a payment has already been made.
In the event that delivery is not possible, due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Customer.
In addition, the Company cannot be liable for reasons related to exceeding delivery times:
- in periods of high demand, such as the holiday seasons,
- for delays caused by reasons of force majeure, i.e. because of the occurrence of an unpredictable event, irresistible and beyond his control,
- for facts attributable exclusively to the delivery carrier.
Delivery is made, depending on the customer's choice and the prices listed on the Site:
- at the address indicated by the Customer during his Simple Postal Order.
- by So Colissimo. The delivery is made by La Poste according to its current deadlines. The Customer can be delivered:
- at his home with hand-in-hand. In case of absence delivered in mailboxes or post office. If the customer has not picked it up within 10 days, the package will be returned to the sender.
- at his home by appointment.
- in one of the 35 parcel spaces Cityssimo 7 days a week and 24 hours a day, within 10 days.
- in the post office of your choice within 10 days.
- at one of So Colissimo's partner merchants.
-by UPS according to its current delivery deadlines.
IX. Claim
For all orders made on this Site, the Customer has a claim right of 10, days from delivery of the Product. It is up to them to check the apparent status of the products during delivery. In the absence of reservations expressly issued during delivery, the Products are deemed to be compliant with the Order.
In order to exercise this right of claim, the Customer must send to the Company, at the yesh13009@gmail.com address, a statement in which he expresses his reservations and claims, with the relevant documentation (receipt slip countersigned by the carrier, photographs...)
A claim that does not meet the conditions described above cannot be accepted.
The Company will repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
X. Consumer Right to Retract
The Consumer has a right of withdrawal of 15 days from the placing of the Order, except for the products mentioned in Article L.121-21-8 of the Consumer Code.
To exercise this right of withdrawal, the Consumer sends a statement to: yesh13009@gmail.com.
Products must be returned in their original packaging and in perfect condition within 15 days of notification of the withdrawal to the Company by the Consumer. The direct costs of referral remain at the consumer's expense.
He will be reimbursed for the full cost of the order within 14 days of the Company's receipt of its retraction statement.
The refund will be made by the same means of payment as the one used to purchase.
XI. Transfer of risk and ownership
The Company retains ownership of products sold until the full payment of the price by the Customer. It may therefore take possession of these products in the event of non-payment. In this case, the instalments paid will remain acquired from the Company as compensation.
For Professional Customers, the transfer of risks to the Customer takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place on delivery or when the goods are withdrawn to the store when the Customer has chosen an in-store delivery.
XII. Legal guarantees
Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.211-4 of the Consumer Code: "The seller is required to deliver a property in accordance with the contract and responds to any non-compliance that exists at the time of issuance. It also addresses non-compliance resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility."
Article L.211-5 of the Consumer Code: "To comply with the contract, the property must:
(1) Be fit for the usually expected use of a similar property and, if necessary:
- match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, especially in advertising or labelling;
(2) Or present the characteristics defined by the parties or be specific to any special use sought by the buyer, brought to the seller's knowledge and which the seller has accepted.
Article 1641 of the Civil Code: "The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the purpose for which it is intended, or which diminish 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."
Any product sold altered, modified or processed is not covered by the warranty.
This is limited to the replacement or reimbursement of non-compliant or affected products of a defect. It is excluded in case of misuse or abnormal use of the product as well as in the event that the Product does not comply with the laws of the country in which it is delivered.
The Customer must inform the Company of the existence of the defects within two years. The Company will correct products deemed defective as much as possible. If the Company's liability is withheld, the guarantee is limited to the HT amount paid by the Consumer for the supply of the Products.
The replacement of the Products does not extend the duration of the warranty.
Changes
The Company reserves the right to modify the Site, the CGV/CGU as well as any delivery procedures or other component of the services performed by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set out by the CGV/CGU in force when the Order was placed.
14. Computer Science and Freedoms
In accordance with the law of January 6, 1978, the personal data requested from the Customer is strictly necessary for the processing of his Order.
They can be communicated to the partners in charge of executing the orders. The User may therefore be required to receive information or commercial offers from the Company or its partners.
This data processing has been reported to the CNIL.
In accordance with the Computer and Freedoms Act of January 6, 1978, the Customer has, at all times, a right of access, rectification, and opposition to all his personal data by writing, by mail and justifying his identity, at the following address: yesh13009@gmail.com. The User may object at any time to receiving commercial offers, by writing to the address listed above, or by clicking on the link provided for this purpose within the e-mails received.
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company is likely to implant a cookie on the user's computer. This cookie allows you to store information about browsing the Site, as well as any data entered by Users (including searches, login, email, password).
The User expressly authorizes the Company to deposit a so-called "cookie" file on the user's hard drive.
The User has the option to block, change the shelf life, or delete this cookie via the interface of its browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or features of the Site, this malfunction cannot in any way constitute damage to the member who will not be entitled to any compensation for this fact.
XV. Responsibility
The Company cannot be held responsible for the unavailability, whether temporary or permanent of the Website and although it does all its means to ensure the service at all times, it may be discontinued at any time. In addition, the Company reserves the right, by voluntary deed, to make the Site unavailable in order to carry out any upgrade, improvement or maintenance operation.
As previously stated here, the Company cannot be held responsible for delivery delays for reasons beyond its control, beyond its control, unpredictable and irresistible, or whose fault cannot be attributed to it.
16th. Intellectual property
The trademark, logo, and graphic charter of this Site are trademarks of INPI and works of the spirit protected under copyright, the property of which belongs exclusively to the Company. Any broadcast, exploitation, representation, reproduction, whether partial or complete, without the express permission of the Society will expose the offender to civil and criminal proceedings.
XVII. Skill attribute clause
The law governing the CGV/CGU is French law. Any dispute that may arise between the Company and a User during the execution of these will be the subject of an attempt at an amicable resolution. Failing that, disputes will be brought to the attention of the competent courts of common law.
XVIII. Acceptance of CGV/CGU
The Customer or User expressly accepts the CGV/CGU.
The Customer declares that he is aware of this and does not have to avail himself of any other documents, including his own terms and conditions of purchase.
The Consumer acknowledges that he was aware of the information and information provided for in Articles L.1111-1 to L.111-7 of the Consumer Code, including:
- the essential characteristics of the product;
- the price of the products;
- the date or time at which the Company commits to providing the Service;
- information relating to the identity of the Company (postal, telephone, electronic contact information);
- information on legal and contractual guarantees and how they are implemented;
- the possibility of using conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (delay, terms of exercise).
