General Conditions of Sale videoprojecteur4k.com
These General Conditions apply to all sales of products made by the company videoprojecteur4k.com LTD, defined below by the brand “videoprojecteur4k.com” and its websites videoprojecteur4k.com and Discoutmymobile.com.
The contract (hereinafter “the Contract”) is constituted by these General Conditions of Sale, which the Customer accepts without reservation upon account creation. In the event of contradiction or difficulty in interpreting the Contract, these General Conditions will take precedence between the Parties over any subsequent clarification relating to the same subject; in particular, the other indications appearing on the Website cannot under any circumstances be interpreted as exceptions to the said General Conditions of Sale.
These General Conditions of Sale apply to any order placed between the customer and the company videoprojecteur4k LTD via its websites: www.videoprojecteur4k.com
1 - DEFINITIONS
GENERAL CONDITIONS means these General Conditions of Sale.
ORDER means any online order for a Product offered for sale by “videoprojecteur4k” on the Website, in return for payment by the Customer in money.
CUSTOMER means any natural or legal person having the legal capacity to contract and regularly registered on the Website (see below “Account Creation”) with a view to purchasing or exchanging Products for needs other than those of their client. professional activity. Any order placed for the purposes of its professional activity will remain valid but must be treated as a special order and as such will be subject to the rules of commercial law.
CREATION OF AN ACCOUNT means the compulsory and prior registration of the Customer in order to benefit from the offers and services of “videoprojecteur4k” via its Websites and by which the latter submits automatically to these General Conditions and accepts the processing of its personal data in accordance with the conditions described in the General Conditions for Processing Personal Data appearing on the Website and the applicable law and regulations. The Customer indicates in particular a valid email address.
ENTRY INTO FORCE means the moment from which these General Conditions of Sale are applicable between the Parties, independently of the effective conclusion of a Sales Contract between the Parties.
PRODUCT SHEET refers to the page of the Website describing the essential characteristics of the Product offered for sale. “videoprojecteur4k” reserves the right to modify or update the Product Sheets at any time and without notice.
ORDER FORM means the electronic Order form completed online by the Customer on the Website in writing and clearly at the time of Placing the Order and containing the information necessary to process the Order, including their email address and addresses. delivery and invoicing.
WITHDRAWAL FORM means the form made available to the Customer to allow him to exercise his right of withdrawal in accordance with the law and these General Conditions (see article 10), by notifying by email within the legal deadline to the customer service of “videoprojecteur4k” in a clear and unequivocal manner its intention to withdraw its Order. Detailed in the After-sales service section.
WORKING DAY means any day other than a Saturday or Sunday or a public or non-working holiday in France.
PRICE LIST means the price list of the Products in force on the day the Order is placed, established and published by “videoprojecteur4k” on the Website.
ORDER NUMBER designates the Order number issued by “videoprojecteur4k” at the time of Placing the Order.
PLACING AN ORDER means placing an Order by the Customer by completing, validating and sending online the Order Form published on the Website. “videoprojecteur4k” acknowledges receipt of the Order by email as soon as possible.
PARTIES collectively refer to “4k videoprojector” and the Client.
PRODUCTS means the Products, new, used or “sold as new” (refurbished and reconditioned) offered by “videoprojecteur4k” for sale on the Website, in accordance with the Price List.
LUCKY STAR LTD refers to the company registered (registration number 2361120) in Hong Kong – 194/204 Johnston Rd, Wanchai Commercial Ctr, owner and commercial operator of the Website.
INTERNET SITES means the websites “videoprojecteur4k.com” and “videoprojecteur4k.com”, owned by videoprojecteur4k.com e LTD and managed by the latter, via which sales offers for Products are published and are processed by videoprojecteur4k.com LTD throughout Ordering Products.
ORDER VALIDATION designates the moment when the Customer definitively validates the Order following careful reading of the acknowledgment of receipt and the summary of the Product Order and its modification or correction before purchase if applicable.
EXPRESS DELIVERY MODE designates a paid transport mode faster than that offered, selectable at the time of ordering.
ARTICLE 2 - PLACING AN ORDER
1- To validly place an Order, the Customer must be of legal age and capable. 2- The Customer must be registered on the Website prior to placing any order. Account Creation is mandatory.3- Any false or misleading declaration will incur the civil liability of the declarant with regard to “videoprojecteur4k”, at the Customer’s own risk.4- The essential characteristics of the Products offered for sale by “videoprojecteur4k » are indicated in the Product Sheets.5- During the online Order Placement procedure and after issuing a duly completed Order Form, the Customer will see a summary of their Order displayed on the Website confirming that they have been taken taken into account by “videoprojecteur4k” and the Customer’s commitment to pay the agreed price, for the purposes of validation by the Customer before final confirmation of the execution of his Order by “videoprojecteur4k”. After the Validation of the Order by the Customer, which constitutes definitive confirmation of his online purchase (“double click”) without any further formality, the Customer receives by email an acknowledgment of receipt of his firm and definitive Order, an invoice corresponding to the cost of the Product purchased as well as an Order confirmation document including in particular the essential characteristics of the Product, its price, delivery and withdrawal costs and times, in a format allowing its conservation.
ARTICLE 3 - FORMATION OF THE SALES CONTRACT
1- The Customer must place an Order by creating an Account if they do not already have one and completing the Order Form. In this Form, the Customer must choose the Product he wishes to acquire and the method of payment.2- The Customer must read carefully, under his responsibility, the summary of the Product Order mentioned in article 2 of these General Conditions to modify or correct it if necessary before proceeding with Order Validation, which definitively commits the Customer to pay the price.3- The Contract is deemed to be formed when the Order has been validated by the Customer (Order Validation ) in accordance with the preceding stipulations.4- “videoprojecteur4k” confirms the Order by automatically sending a confirmation email automatically generated by the website and addressed to the email address indicated by the Customer during Account Creation and recalled in the Order Form.
ARTICLE 4 - PRICE
1- By proceeding online with the Validation of his Order for a Product with “videoprojecteur4k”, the Customer agrees to pay in cash the entire price of the Product in force in accordance with the Price List appearing on the Website, in addition to shipping costs, from the formation of the Contract in accordance with article 3 of these General Conditions and according to the terms provided for in article 6.2 - The transfer of ownership of the Product takes place upon full payment of the price by the Customer , shipping costs included, according to the terms provided for in article 6 of these General Conditions.3- The price of the Products appearing on the Website is indicated in Euros.4- The relevant reference price when placing the Order is the price indicated on the Website at the time of Placing said Order.5- The price indicated on the Website includes delivery costs. An express delivery method is offered separately as part of the Order Placement procedure described in articles 2 and 3 above of these General Conditions. The total price and shipping costs included is indicated at the end of the Order Placement process. It is firm and definitive.6- Despite our best efforts, a small number of Products available on the Website may display an undetected error in the price. “videoprojecteur4k” customer service will check the relevance of the price when processing the Order Form and before any payment. If it turns out that the price indicated on the Website is incorrect, and that the real price is higher than the price displayed on the Website, customer service will contact the Customer by email to offer to carry out the transaction at the price actual Product, which will in turn confirm via the Website or by email. If the Customer prefers in such a case a cancellation of his Order, it will be carried out at his express request and without any debit from his bank card. If the actual price turns out to be lower than the displayed price, “videoprojecteur4k” will invoice the Customer for this revised price.revised downwards and will send the sold Product without further modification of the Order.
ARTICLE 5 - CONDITIONS AND TERMS OF PAYMENT
1- All payment is due in full upon placing the Order. The price paid to “videoprojecteur4k” cannot be considered as a deposit.2- Payment is made by Paypal system or by credit card via the same online payment platform that is Paypal. Accepted bank payment methods (such as payment by Visa, MasterCard, American Express bank cards) are indicated on the Website. The bank card must be valid for at least a period of one month beyond the day of the Order Placement. We also accept payments by Bitcoin wallet.3- The entry of banking information intended for payment is carried out on a secure server to guarantee the security and confidentiality of the information provided by the Customer during the banking transaction. No banking connection information is communicated to “videoprojecteur4k”.4- In order to avoid fraud, “videoprojecteur4k” reserves the right, before accepting the formation of the Contract and/or online payment, to ask the Customer with supporting documents concerning their personal and/or banking identification and/or their domiciliation in addition to the chosen payment method. In this case, “videoprojecteur4k” will only process the Order upon receipt of the requested supporting documents, which will accordingly postpone the estimated delivery times, without liability on the part of “videoprojecteur4k”. “videoprojecteur4k” reserves the right to definitively cancel any Order in the event of insufficient funds or failure to receive the requested supporting documents within fifteen (15) days or upon receipt of supporting documents deemed non-compliant. In such a case, the Contract will be terminated automatically, without any further formality and without compensation to either party. The Customer will however be notified by “videoprojecteur4k” by email of such cancellation of the Order.5- Upon payment of the entire sale price by the Customer, shipping costs included, “videoprojecteur4k” undertakes to deliver the Products ordered within the expected deadlines.6- Upon confirmation of receipt of the Order, the Customer will receive by email a summary of their Order mentioning the price of the Product, shipping costs.shipping included. The actual invoice for the Product, corresponding to the price paid, will be sent to the Customer upon this confirmation, in accordance with the terms provided for in article 7 below of these General Conditions.
ARTICLE 6 - INVOICING TERMS
The invoice in digital format corresponding to the Price of the Product will be sent by “videoprojecteur4k” to the Customer by email to the email address indicated by the Customer when confirming their Order, in accordance with article 2 (“Placement of Order” ).
ARTICLE 7 - DELIVERY AND RECEIPT OF THE PRODUCT AND TRANSFER OF RISKS
1- After Validation of the Order and full payment of the price of the Order by the Customer in accordance with the terms provided for in Article 6 of the General Conditions, “videoprojecteur4k” will send the Customer a package containing the Product ordered.2- Delivery is carried out by a carrier chosen by “videoprojecteur4k”, either by direct delivery of the corresponding package into the hands of the Customer, or by a notice of availability notified to the Customer, the latter being responsible for taking delivery at the place of deposit indicated.3- “videoprojecteur4k” undertakes to send the Product to the Customer within a maximum period of twenty-two (22) working days from receipt by “videoprojecteur4k” of full payment for the Product by the Customer, shipping costs included .4- In the event of a possible delay in delivery, “videoprojecteur4k” will inform the Customer by email of a possible change in the delivery date indicated when placing the Order and will propose a new delivery date.5- In the event where the Product cannot be delivered to the Customer within the twenty-two (22) day period provided, whatever the reason, except in cases of force majeure or transport strike, “videoprojecteur4k” will propose to the Customer a cancellation of the Order and a full refund of the Order within a maximum period of thirty (30) days. No compensation or compensation other than full reimbursement of the Order will be due by “videoprojecteur4k”. If the Customer does not cancel his Order in writing within seventy-two (72) hours of “videoprojecteur4k” sending him notification of the late delivery, delivery of the Product ordered will be maintained. The possible refund and return of the Product delivered late will then only be possible under the conditions and according to the modalities provided below in these General Conditions. 6- If the Product delivered is destroyed, damaged, defective or non-compliant due to exclusive to “videoprojecteur4k” or the carrier, it may be returned to “videoprojecteur4k”, at no cost to the Customer. No compensation or compensation other than full reimbursement of the Order will be due by “videoprojecteur4k” in such a case.7- Any delivery made by “videoprojecteur4k” will be made exclusively in European countries, USA and Canada.8- Any delivery carried out by “videoprojecteur4k” will be carried out to the billing address indicated by the Customer in the Online Order Form, unless another delivery address is indicated in said Form.9- The Product will be delivered exclusively by a carrier chosen by “4k videoprojector”, under its responsibility.10- Express delivery costs for the Product are the responsibility of the Customer. They are indicated at the end of the Order Placement and in any case before the Order Validation.11- The Product ordered is deemed delivered by “videoprojecteur4k” when the carrier has delivered it directly to the Customer (physical delivery or deposit in the mailbox) or when the carrier has given it a notice and the Product has been entrusted to a third party designated by the carrier, responsible for keeping the package at its disposal for the period indicated on the notice. The proof of delivery or the notice of deposit is authentic as to the delivery date and the transfer of risks to the Customer.12- The Customer undertakes to check the condition of the package upon receipt of the delivery and to report to the carrier and “videoprojecteur4k” customer service (reachable by email) any anomaly, such as incompleteness, damage to the package or apparent defect of the Product. The Customer is invited either to refuse delivery of the Product in the event of an apparent anomaly and to indicate the reason in writing to the carrier, or to take delivery by issuing written reservations. Any damage, total or partial destruction, manifest non-conformity or apparent defect of the Product not immediately reported to the carrier upon delivery of the Product will not give rise to any subsequent claim from the Customer.13- In any event and after delivery, the Customer undertakes to check the condition, compliance with the Order and the proper functioning of the Product delivered within a maximum period of forty-eight (48) hours from the day of delivery of the Product by the carrier in order to determine whether it complies with the Order. In the event that the Product does not comply with the validated Order, the Customer is invited to contact “videoprojecteur4k” customer service within the same period (reachable by email) under the conditions and deadlines provided for in Article 11 of these Conditions General. A notice of automatic receipt of the complaint will be sent by email by “videoprojecteur4k” to the Customer’s address indicated in the Order Form. The possible return of the non-compliant Product will be processed as stated below in article 10 (“Returns”). 14- Unless otherwise agreed in writing and specifically, “videoprojecteur4k” reserves the right to freely choose the carrier. 15- The Customer can track their Order from the Website by connecting to their Personal Account or by contacting “videoprojecteur4k” customer service by email.
ARTICLE 8 - GUARANTEES
8.1. “MANUFACTURER” WARRANTY ON PRODUCTS SOLD NEW
For new Products, the Customer has a specific so-called “manufacturer” guarantee. This guarantee begins on the day the order is delivered by the carrier.
8.2. 4k video projector COMPLIANCE GUARANTEE (ALL PRODUCTS)
For new Products, the legal guarantee of conformity of “videoprojecteur4k” is limited to one (1) year for products such as smartphones and accessories and (6) months for screens and repair spare parts. For second-hand Products or resold as new, the legal guarantee of conformity is expressly reduced to six (6) months. The aforementioned deadlines begin to run from the date of delivery of the Products concerned.
8.3. LEGAL GUARANTEE FOR HIDDEN DEFECTS (ALL PRODUCTS)
In accordance with the provisions of article L.211-4 et seq. of the Consumer Code and article 1641 of the Civil Code, “videoprojecteur4k” undertakes to reimburse the Customer or exchange the Products purchased on the Website which is reveal, after delivery and expiry of the conformity check period upon receipt of the Product mentioned in article 2 relating to apparent defects or non-conformities as provided for in the General Conditions, defective, damaged or damaged and which prevent the use of the Produced by the Customer in an essential manner, provided that this hidden defect has been reported to “videoprojecteur4k” by email by the Customer within the legal deadlines, which run from the day on which the Customer was or should have been aware of a such hidden defect. Only hidden defects within the meaning of the law and case law in force, i.e. which could not normally be detected by the Customer during delivery and inspection of the Product, may be treated as hidden defects. and give rise to a complaint from the Customer in this regard.
The Customer undertakes to inform “videoprojecteur4k” in detail and in writing of the complaint, specifying, on the one hand, the nature of the hidden defect and, if known, its apparent origin, on the other hand, the choice to exchange the defective Product with another similar Product or a full refund of the Product, including shipping costs. The Customer will not be able to claim any other compensation or repair measure, unless it is demonstrated that this defect caused damage which would not be compensated by reimbursement, provided that “videoprojecteur4k” can be considered responsible for said damage in accordance with article 14 of these General Conditions.
As part of the exercise of this guarantee, the Customer undertakes to return the Product according to the terms indicated below in article 10 (“Returns”) of these General Conditions. The return of the Product is at the expense and risk of the Customer. However, shipping costs will be reimbursed to the Customer on the basis of the invoiced price and return costs based on presentation of supporting documents.
In the event that it turns out that the defect reported by the Customer does not constitute a hidden defect or that it is not attributable to “videoprojecteur4k” or to the manufacturer of the Product, the Product will be returned without compensation to the address and at the expense and risk of the Customer, the Customer in this case bearing all return and reshipping costs.
The legal guarantees from which the Customer automatically benefits are specified in Appendix 1 of these General Conditions, to which they refer in full, unless expressly amended within the framework of these General Conditions.
8.4. CONTRACTUAL GUARANTEE FOR 4k video projector (USED PRODUCTS OR SOLD “AS NEW”)
In addition to the contractual and legal guarantees mentioned above and/or in Appendix I of these General Conditions, the Products supplied by “videoprojecteur4k” to the Customer, with the express exception of new Products resold by “videoprojecteur4k” (covered by the “videoprojecteur4k” guarantee manufacturer” recalled in article 9.2), are guaranteed for a contractual duration of six (6) months for normal use of the Product. However, the guarantee will not be applicable in the event of breakage, oxidation or damage due for example to prolonged exposure to humidity or excessive temperature, or in the event of use not in accordance with its intended purpose or the forecasts appearing in the instructions for use of the Product, improper handling of the Product and more generally any alteration attributable to the Customer of the appearance, condition or proper functioning of the Product likely to reduce its value or make it unsuitable for any resale. This contractual guarantee after delivery cannot be assimilated to a guarantee against breakage of the Product. Only malfunctions, breakdowns or defects not attributable to the Customer's use will benefit from this guarantee.
This guarantee is limited to the standard repair or exchange of the Product and its reshipment at the expense of “videoprojecteur4k”, provided that the Customer has requested its implementation by email to our customer service, received within the deadline. aforementioned, and that the Customer has returned his Product within this same period, in accordance with the stipulations and terms and taking into account all the restrictions appearing in article 10, which constitute causes of non-guarantee for “videoprojecteur4k”.
Purchase Vouchers are subject to the guarantees and limitations of guarantees set out above in the General Conditions. No other guarantee of any kind is provided by “videoprojecteur4k” under these General Conditions.
ARTICLE 9 - RETURNS - RIGHT OF WITHDRAWAL
1- The Customer has a maximum period of fourteen (14) clear days from receipt of the Product to exercise their right of withdrawal. Withdrawal must be notified to “videoprojecteur4k” by email to customer service. To exercise this right provided for by law, the Customer does not have to provide reasons or pay any penalties or additional costs, subject to payment of the return costs which are his responsibility in accordance with the law. For Orders placed by the Customer on or after January 1, 2017, the withdrawal period will be extended to thirty (30) clear days from delivery of the Product in accordance with the General Conditions.2- In the case of a single Order involving on several Products delivered separately, the period begins from the delivery of the last Product under the conditions provided for in the General Conditions. In the event of multiple Orders by the same Customer, the period runs from each delivery of the Product. 3- Exercising the right of withdrawal in accordance with the terms described above gives the Customer the right to be reimbursed for the amount of the Order. As such, “videoprojecteur4k” will reimburse the Customer the price of the Product purchased and the initial shipping costs. However, the costs of returning the Product remain entirely the responsibility of the Customer. Any request for reimbursement under the right of withdrawal may only be taken into account if the right of withdrawal is notified within the time limit and in the manner indicated in 10.1 and 10.4 of this article and if the restitution (return) of the Product concerned with “videoprojecteur4k” was made by the Customer within this same period.4- To exercise the right of withdrawal, the Customer must first log into their account, submit the withdrawal request by email to the customer service of “videoprojecteur4k”. videoprojecteur4k” within the time frame and forms indicated above in 10.1.5- The Products must be returned to the address that customer service will provide to the customer depending on their place and country of residence.6- The Customer undertakes to return the Product in its original packaging. The package must include the Product and all Accessories and instructions that were delivered with the Product. The Customer must also ensure that they include the warranty labels in the shipment and clearly indicate the Order Number and finally attach a copy of the purchase invoice.7- “videoprojecteur4k” reserves the right to not take back, exchange or refund any Product that is incomplete (in particular within the meaning of 10.6), damaged, damaged and/or whose original packaging and/or elements or Accessories have been lost or damaged.8- The return of the Product is made at the expense and risk of the Customer.9- By way of derogation, professional Customers who are not considered consumers within the meaning of French law do not have this right of withdrawal.
ARTICLE 10 - COMPLIANCE OF PRODUCTS OR DELIVERY - SPARE PARTS
1- The Customer undertakes to notify “videoprojecteur4k” upon receipt, or at the latest within the deadlines provided for in article 8 of these General Conditions relating to the delivery and receipt of the Product, any Product delivered incomplete, defective, damaged, damaged, non-compliant with the Order or any package not including the number of Products and Accessories provided, or any error or anomaly as to the nature or characteristics of the Product delivered with reference to the Product Sheet and the Order Form as accepted by “videoprojecteur4k”, and to notify “videoprojecteur4k” customer service by email to customer service within a maximum of forty-eight (48) hours from receipt of the Product by the Customer. In the absence of notification in this form and within this period, the Customer loses all right to claim regarding the conformity of the Product, except possibly under the conditions provided for by the law and case law in force and in any event within the maximum time limits. provided above in article 9-3, without prejudice to the guarantee against hidden defects of the Product or the contractual guarantee provided for in article 9, where applicable.
In the event of making a claim for non-compliance as stated in this article, the Customer undertakes to return the Product to “videoprojecteur4k” in accordance with the conditions and terms provided for in articles 8 and 10 hereof. Terms and conditions. In any event, within the framework of the legal guarantee of conformity and after reporting by the Customer under the aforementioned conditions, “videoprojecteur4k” will remedy the defect, either by repairing or replacing the defective Product, or if this proves impossible or disproportionate , by reducing the price of the Product accordingly. In the event of return and reimbursement of the Product, “videoprojecteur4k” may take into account, where applicable, the use that the Customer may have made of the Product since the delivery date.
2- Spare or replacement parts for new or used Products sold as new by “videoprojecteur4k” are directly available from the manufacturers and for the duration indicated in the “product sheet” corresponding to the date of formation of the sales contract in under article 3 of these General Conditions of Sale.
ARTICLE 11 - CANCELLATION OF THE ORDER BY videoprojecteur4k
“videoprojecteur4k” reserves the right to cancel any Order that is incorrect or does not meet the conditions provided for in the General Conditions, in particular if:
the Customer has not carried out a compliant Account Creation prior to the Placement of the Order; the Customer proves to be insolvent (payment not honored within fifteen (15) days from the Placement of the Order; the Customer has indicated incorrect or incomplete information in the Order Form; the Customer has a dispute with “videoprojecteur4k” relating to the payment of a previous Order or concerning a purchase in accordance with the General Conditions of Purchase. the Customer has indicated incorrect or incomplete information incomplete in the Order Form; the Product is not available after the Order is placed. In this case, “videoprojecteur4k” will inform the Customer by email and cancel the Order and no debit in principle will be made; and if however an debit was made in error in the absence of a delivery, it will give rise to a full refund.
ARTICLE 12 - TRANSFER OF PROPERTY AND TRANSFER OF RISK
The Product delivered and invoiced to the Customer remains the property of “videoprojecteur4k” until full payment of its price by the Customer, shipping costs included. The Product passes to the Customer's risk from the moment it is deemed delivered as it is. stated in article 8 of these General Conditions.
ARTICLE 13 - LIABILITY - WARRANTY LIMITATIONS AND EXCLUSIONS
Subject to mandatory legal provisions, the liability of “videoprojecteur4k” is strictly limited to the obligations defined in these conditions or, where applicable, to the express conditions and can only be incurred in the event of a proven failure on its part to comply with its obligations. essential obligations or defect or non-compliance of which a Product sold via the Website is the cause.
In addition, the legal and contractual guarantees mentioned in these General Conditions exclude damage resulting from improper or deficient use of the Products sold, damage resulting from a lack of care or maintenance in accordance with the instructions and technical specifications, damage of external origin, damage resulting from non-compliant or inappropriate use of the Products, damage resulting from intervention on a Product by a repairer not approved by “videoprojecteur4k” or by the manufacturer in the case of new Products . “videoprojecteur4k” cannot under any circumstances be held responsible for any loss or alteration of data or programs present on the Products or media or accessories of any kind, belonging to the Customers. Any unauthorized modification or mechanical, electronic, electrical or other transformation made to the Products or its connection devices by the Customer or by any third party similarly excludes the warranty and liability of “videoprojecteur4k”.
As part of the implementation of its guarantee, “videoprojecteur4k” undertakes only to ensure the replacement of the Product (standard exchange) in the event of a defect rendering it totally or essentially unusable or the replacement of the defective part(s).
With regard to new Products, in the event of bankruptcy, lack of diligence or lack of intervention or inability to supply or repair the manufacturer, the Customer cannot turn against “videoprojecteur4k”, which will not assume any liability. liability in terms of warranty on defects in this manufacturer's products, subject to mandatory legal provisions and the guarantees provided for in these General Conditions of Sale.
“videoprojecteur4k” cannot be held responsible for minor errors present in the Product Sheets or with regard to the illustrations of the Products appearing on the Website, “videoprojecteur4k” only guaranteeing the conformity of the Product sold with the essential characteristics appearing in this Product Sheet.
In any event, the liability of “videoprojecteur4k” under the Contract is limited to repairing direct and proven damage suffered by the Customer, to the exclusion of any indirect and/or immaterial damage such as operating loss, a chance, damage to image, loss of contract, loss of data, etc., and is capped in its amount at the purchase price of the Product on the date of the Order Placement, to the exclusion of any other repair, except in the cases provided for by law and French jurisprudence where such limitation of compensation is, by exception, inapplicable.
ARTICLE 14 - ACCEPTANCE OF GENERAL CONDITIONS
The placing of an Order by the Customer implies and entails full and unreserved acceptance of these General Conditions of Sale.
ARTICLE 15 - CUSTOMER SERVICES
ARTICLE 15 - CUSTOMER SERVICES
The Customer must log into their Account and contact customer service for tracking the Order, the formalities prior to exercising the right of withdrawal or to bring a complaint to the attention of “videoprojecteur4k” under the conditions provided for herein. Terms and conditions. When notifying customer service, the Customer must indicate the Order Number and the subject of their request or complaint. These requests or complaints are processed within a reasonable time frame.
The Customer can also contact customer service by email at the following address: contact@videoprojecteur4k.com
ARTICLE 16 - MISCELLANEOUS
Notifications must be sent to the other Party in writing, that is to say by electronic message with acknowledgment of receipt in the cases provided for in these General Conditions or required by law.
The titles appearing in these General Conditions are purely indicative and their wording cannot influence the interpretation of the provisions to which they relate.
The fact that “videoprojecteur4k” does not require the strict application of any clause of these General Conditions cannot under any circumstances be considered as a waiver of its right to rely on them in the future.
These General Conditions of Sale are an integral part of the formation of a Sales Contract, which implies acceptance by the Customer of these General Conditions, which apply automatically and exclusively to the relations between “videoprojecteur4k” and the Client for any operation covered by their purpose. These General Conditions exclude the application of any other document, correspondence or written or oral exchanges emanating from the Parties, whatever the terms and dates of communication.
The data recorded by “videoprojecteur4k” on the Website constitutes proof of all transactions between the Parties, unless expressly agreed otherwise.
“videoprojecteur4k” reserves the right to modify or update these General Conditions of Sale at any time and without notice. This update will, however, be the subject of a notification or visible information on the Website intended for “videoprojecteur4k” Customers. In the event of modification, the General Conditions applicable to the contractual relationship between the Parties will be those in force on the date and time of the Placement of the Order by the Customer.
The language of the General Conditions of Sale and the Contract is exclusively French, to the exclusion of any other language.
ARTICLE 17 - APPLICABLE LAW AND DISPUTES
ARTICLE 17 - APPLICABLE LAW AND DISPUTES
These General Conditions are subject exclusively to French law, with the express exclusion of the 1980 Vienna Convention on the international sale of goods.
In the event of a dispute of any nature between the Parties or a complaint raised by one of the Parties regarding in particular the execution, formation or interpretation of these General Conditions, the Contract and their respective obligations, those -they undertake to negotiate with each other in good faith before any trial, with a view to attempting to reach an amicable settlement for a minimum period of thirty (30) days from receipt of the notification sent by the most diligently by registered letter with acknowledgment of receipt to the other Party.
In the event of a dispute between “videoprojecteur4k” and a Customer exceptionally of an international nature, the French courts will have sole jurisdiction, including in the event of multiple defendants, warranty claims or proceedings by way of petition.
For Customers with merchant status, exclusive jurisdiction in the event of a dispute is attributed to the Paris Commercial Court.
ANNEX I
ARTICLES OF LAW APPLICABLE TO CUSTOMERS LEGALLY HAVING CONSUMER STATUS
Article L211-4 of the Consumer Code The seller is required to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, assembly instructions or of the installation when this has been made his responsibility by the contract or has been carried out under his responsibility.
Article L. 211-5 of the Consumer Code To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable:- correspond to the description given by the seller and possess the qualities that the latter 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 declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article 1641 of the Civil Code. The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1648, paragraph 1 of the Civil Code. Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.