Terms of sale

GENERAL CONDITIONS OF SALE MARKETPLACE COVR

Covr, a simplified joint-stock company with  a capital of 50,000 Euros, registered in the Orléans Trade and Companies Register under number 899 726 640, with its registered office at 50 faubourg d'Orléans 45300 Pithiviers (hereinafter referred to as "Covr"), is subject to the following terms and conditions. Covr »).


The present Marketplace General Terms and Conditions of Sale (hereinafter referred to as the " Marketplace GTC ") apply in addition to the Buyers' GCU and the Sellers' GCU, which define the capitalized terms used in these Marketplace GCS.
The Marketplace GTC apply to all sales of Products made on the Marketplace between the Seller and the Buyer. They are intended to govern relations between Sellers and Buyers of Products, to the exclusion of those between Buyers and Covr or between Sellers and Covr. Relations between Buyers and Covr are governed by the Buyers GCU. Relations between Sellers and Covr are governed by the Sellers GCU.
Covr is not the seller of the Products purchased through the Service; only the Seller, whose name or reference is indicated on the description sheet of each Product, is the Buyer's co-contractor for the purchase of said Products. The Products will be invoiced by the relevant Sellers and not by Covr.
The Products sold on the Marketplace are new products at a fixed price. So-called "customizable" or modifiable products may also be referenced by Sellers. In this case, said products may, at the Buyer's request, be transformed before being dispatched (hereinafter referred to as the "Products"). Customized Products »).

1. CONCLUSION OF SALES CONTRACT 

The Products are presented on the Site with a description enabling the Buyer to know their essential characteristics and their price.The Buyer selects the Product(s) he/she wishes to purchase. The Buyer confirms his/her choice of Product(s) and acknowledges and accepts these CHU/CGV Marketplace Terms and Conditions by clicking on the "Confirm" button. However, the sales contract concluded between the Buyer and the Seller is subject to the resolutory condition that the Product is available. The Seller is informed by Covr that one or more of the Products it has listed on the Marketplace have been ordered by a Buyer (hereinafter the "Buyer"). Order Confirmation"). If the Product is not available, the Seller undertakes to inform the Buyer within two (2) working days of the Order Confirmation referred to in point (e) above. In this situation, the contract concluded between the Buyer and the Seller is automatically terminated and each of the Parties is released from its obligations. The Buyer's bank account will not be debited. In the event that the Buyer has ordered several Products, only the part of the contract relating to the sale of the unavailable Product is affected by this termination. If the Product is available, the Vendor undertakes to respect the deadline mentioned on the product sheet for dispatching the Product. As soon as Covr receives confirmation of shipment from the Vendor, the Buyer's bank account will be debited for the amount of the order. The Buyer must immediately confirm receipt of each Product ordered in his/her "Personal Space". Failing this, the Product will be deemed to have been received within thirty (30) days from the date of dispatch.

2. PRICE AND PAYMENT

The prices of Products listed on the Marketplace are set freely by each Seller, in compliance with applicable laws and regulations. Product prices are quoted in Euros, exclusive of taxes and delivery charges. The prices displayed on the Site show the unit amount of any eco-contributions (notably the WEEE eco-contribution, the WEEE eco-contribution). Details of the taxes applicable to the sale of the Product are indicated when the basket is displayed. The amount of delivery charges for each product will be added when the Buyer confirms the order. Orders are paid for in cash, using one of the following methods of payment:

  • by credit card (Visa, Mastercard, Carte Bleue);
  • by bank transfer after contacting us.

All payments are secured by an encryption protocol. Notwithstanding cash payment and in accordance with the French Law on the Modernization of the Economy n°2008-776 of August 4, 2008, any delay in payment will automatically result in the application of a penalty equal to the interest rate applied by the ECB to its most recent refinancing operation plus 10 percentage points, payable from the first day of delay. In addition, in accordance with decree n°2012-1115 of October 2, 2012, any late payment by the Buyer shall automatically give rise to the application of a fixed penalty of forty (40) Euros, without prejudice to the late payment penalties provided for in the previous paragraph.

  1. SHIPPING METHODS AND COSTS

Products may only be dispatched to addresses in continental France and Monaco. Except in the case of the Sale of Personalized Products, the Vendor undertakes to dispatch to the Buyer the Product(s) ordered within the time indicated on the product sheet, from the date of Order Confirmation; the Vendor thereby making a firm commitment to dispatch the Products within the time indicated. Products are delivered to the address communicated by the Buyer at the time of the order. It is therefore the sole responsibility of the Buyer to ensure that the information he/she communicates to Covr for this purpose is and remains correct and that it will enable him/her to receive the Products purchased on the Site. Where applicable, the Purchaser chooses between the various shipping methods offered by the Vendor. Once the Product has been dispatched, Covr will inform the Buyer and, if applicable, provide a tracking number. Products travel at the expense and risk of the Seller.

  1. RIGHT OF WITHDRAWAL

For any Purchase made on the Marketplace, the non-professional Buyer has a period of fourteen (14) days from receipt of the Product(s) ordered to exercise his right of withdrawal from the said Seller, without having to provide any justification or pay any penalty (hereinafter the "Right of Withdrawal"). Notwithstanding the above, the Right of Withdrawal does not apply to :

  • Personalized products or custom-made products;
  • Products that have been installed;
  • Products that have been opened and cannot be returned for reasons of hygiene or health protection (particularly products intended for contact with food);

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) subject to the right of withdrawal will be reimbursed, with the cost of returning the Product(s) being borne by the Buyer. Products subject to the right of withdrawal must be returned within fourteen (14) days of exercising this right, in their original condition (except for normal wear and tear) and complete (packaging, accessories, instructions, etc.) in packaging identical to that used for shipment. Products subject to the right of withdrawal travel at the Buyer's risk. Reimbursement will only be made once the Vendor has received the Products concerned. The Buyer may exercise his right of retraction directly with the Seller concerned, using the messaging tool provided in his "Personal Space", under the heading "Returns". The Buyer must return the Products to the address indicated by the Seller. Products returned will be reimbursed by Covr by crediting the Buyer's credit card or Paypal account used for the order, as soon as possible and no later than thirty (30) days following the date on which the right was exercised.

  1. DISPUTES - CONTESTATION

5.1 Reservations with the carrier

In the event of transport damage or missing goods (in particular when the package is obviously damaged), the Buyer must (i) make precise and reasoned reservations (i) upon receipt on the waybill in the presence of the carrier or (ii) within three (3) days of delivery by registered letter with acknowledgement of receipt addressed to the carrier, in accordance with articles L133-3 et seq. of the French Commercial Code. The Buyer must also send a copy of these reservations to the Seller via the messaging tool provided. If no reservations are made within the given time limit, the goods will be deemed to have been received in good condition.

5.2 Damaged or non-conforming product

Within 30 days of dispatch of any Product, any Buyer may report any complaint concerning the Products ordered in his or her account, in accordance with the following criteria:

  • Product not received: the Product has not been received by the Buyer;
  • Product not in conformity: the Product received does not correspond to the Product ordered;
  • Damaged product: the product received is broken or damaged.

Disputes are settled directly between the Buyer and the Seller, using the messaging tool provided on their Personal Area. If the Buyer returns the product, it must be sent in the condition in which it was received, in its original packaging, with all accompanying items (instructions, accessories, packaging, etc.). The Buyer and the Seller will make their best efforts to resolve the dispute amicably. If the Buyer's claim is well-founded, the dispute declared by the Buyer will give rise either to the return of the Product ordered or to its reimbursement.

  1. GUARANTEES

 6.1 Contractual warranty

Products sold on the Marketplace may benefit from a warranty provided by the Sellers. The duration of these warranties varies according to the Product in question. This is mentioned on a case-by-case basis by the Sellers on the product sheets.

6.2 Legal warranties

In accordance with articles 1641 et seq. of the French Civil Code, the Products sold on the Marketplace are covered by the warranty against hidden defects, an extract of which is reproduced below: Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them". Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity." Products must be returned to the address indicated by the Vendor in the condition in which they were received, with all components (accessories, packaging, instructions, etc.). These guarantees are without prejudice to the right of withdrawal provided for in Article 4.

If (and only if) the Customer qualifies as a consumer, he/she will also benefit from the guarantee against defects in conformity under the conditions set out in articles L217-4 et seq. of the French Consumer Code, the main articles of which are listed below:
Article L217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."
Article L217-7 of the French Consumer Code: "Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, in the absence of proof to the contrary.
The seller may rebut this presumption if it is not compatible with the nature of the good or the alleged lack of conformity."
Article L217-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible.
Article L217-12 of the French Consumer Code: "Action resulting from a lack of conformity is prescribed by two years from the date of delivery of the goods."
The legal warranty of conformity applies independently of the contractual warranties mentioned in 6.1 above.

  1. PERSONAL DATA

This article supplements the stipulations relating to personal data in the Buyer's GTCU and the Seller's GTCU. The Buyer and the Seller are hereby informed that all data collected within the framework of the Marketplace when orders are placed are processed by Covr for the purpose of processing said orders. Buyer information and data relating to delivery are transmitted by Covr to the Sellers for the sole purpose of enabling them to dispatch the Products ordered and to draw up the invoice. Under no circumstances may they be used by the latter for other purposes, in particular for commercial canvassing. In the event of any difficulty concerning the processing of this data, the Buyer and the Seller may contact Covr directly, in accordance with the conditions set out, depending on the case, in the Buyer GCU or the Seller GCU. The Sellers undertake to ensure the security of the personal data they store for the purposes of fulfilling and tracking orders.

  1. PARTIAL NULLITY

If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations will retain all their force and scope.

  1. APPLICABLE LAW

These terms and conditions are governed by French law. Any dispute concerning their interpretation and/or execution shall be subject to French jurisdiction.