Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter the 'T&C') are set down by SOS Accessoire, SAS with a capital of €238 580,33, a company registered with the Versailles trade register under the number 499 637 403, whose head office is at 6 avenue Louis Pasteur 78310 MAUREPAS (hereinafter 'SOS Accessoire').
The following definitions apply throughout this charter:
- 'Website': the website https://www.sos-accessoire.com and all its pages.
- 'Products' or 'Services' : all products (hardware) and services that can be purchased or to which it is possible to subscribe on the site.
- 'Vendor' : SOS Accessoire, legal entity or natural person, offering their products or services on the site.
- 'Customer' : the individual or professional user who is purchasing product(s) or service(s) on the site.
- 'Consumer' , in accordance with the definition given in the Consumer Code's first article: « toute personne physique qui agit à des fins qui n'entrent pas dans le cadre de son activité commerciale, industrielle, artisanale ou libérale ».
Any user visiting the site and interested in the products and services offered by the vendor is invited to read these terms and conditions, print them and/or save them on a durable medium, before placing an order on the site.
The customer confirms that they have read these T&C and have accepted them in their entirety and unreservedly.
Article 2 – Application of the T&C
The vendor reserves the right to modify the T&C at any time by publishing a new version of the latter on the site. The terms and conditions applicable to the customer are those in force on the day of their order on the site. .
The legal information about the site's host and publisher, the collection and processing of personal data and the conditions of site use are set out in this website's terms and conditions, legal notices and data charter.
This website offers the online sale of spare parts and accessories for household appliances.
The website is free and open to any customer. The acquisition of a product or a service signifies that the customer accepts the entirety of the present T&C, who also signifies by the same act that they are fully aware of the said T&C. Where the customer is concerned, this acceptance can consist, for example, of ticking the tickbox corresponding to the acceptance phrase of these T&C, which will include, for example, a statement such as " I confirm that I have read and accepted the website terms and conditions in their entirety " The act of ticking this tickbox will be considered the equivalent of a written signature provided by the customer.
The acceptance of these T&C implies, on the part of the customers, that they are legally competent to provide that acceptance. If the customer is a minor or is not legally competent in this respect, they declare that they have the authorisation of either a legal guardian or their legal representative.
The customer acknowledges that the automatic registration systems used on the website by the publisher have evidential value and, unless able to provide evidence to the contrary, the customer agrees not to challenge them in case of litigation.
Article 3 - Creation of a customer account
The creation of a 'customer account' is a prerequisite for any order from the customer on this site. For this purpose, the customer will be invited to provide a certain amount of personal information such as their first name and surname, their email address, their postal address and their telephone number, although this list is not comprehensive. As such, the customer agrees to provide accurate information. The customer is responsible for updating their data. They must therefore notify the vendor without delay in the event of a change. The customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The customer registered on the website (the member) has the possibility of accessing the website by logging in with their login details (the email address stipulated at registration together with their password) or by using systems such as third-party login buttons provided by social network sites. The customer is entirely responsible for keeping the password they choose safe and protected. The customer is encouraged to use complex passwords. If the customer forgets their password, they have the possibility of generating a new one. This password constitutes the guarantee of confidentiality applicable to the information in the 'My account' section of the website, and the customer therefore agrees not to pass it on or divulge it to any third parties. Should the customer pass on or divulge their password to a third party, the publisher of the website will not be held responsible for any unauthorised access to the customer's account that might occur.
Customer accounts allow the customer to view all orders placed on the site. If the data contained in the member account section of the website disappears as a result of a technical fault or due to force majeure, the vendor cannot be held responsible, as this data is purely informational in character and has no probative value. The pages pertaining to member accounts may freely be printed by the customer who is the holder of the account in question, but do not in any way constitute evidence; they are purely informational in character and serve only to ensure the effective management of the service or the contributions made by the customer.
Each customer is free to close their account and remove their data from the website. To do this, they must send an email to the vendor indicating that they wish to delete their account. Once the account has been deleted, it will no longer be possible to retrieve the data.
The vendor reserves the exclusive right to delete the account of any customer who contravenes these T&C (especially, but without this example being in any way exhaustive, in cases where the customer has knowingly provided erroneous information when registering on the website and creating their personal space) or any account that has been inactive for one year or more. This account deletion cannot be considered to constitute a loss for the excluded customer, who will therefore not be able to claim any damages in this respect. This exclusion does not exclude the possibility of the vendor taking legal action against the customer, if justified by the circumstances.
Article 4 - Purchase order procedure and description of the purchase process
The products and services offered are those listed in the catalogue published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description drawn up by the vendor according to the descriptions provided by the supplier.
The photographs of the products in the catalogue reflect a faithful image of the products and services offered but do not constitute a contractual commitment to the extent that they cannot be held to be perfectly similar to the physical products.
The virtual object that contains all of the products or services that have been selected by the customer on the site with a view to their purchase after clicking on one of these items will be defined as "Basket" hereafter. In order to proceed with their order, the customer chooses the product(s) they wish to order by adding it/them to their 'Basket' whose contents may be modified at any time.
As soon as the customer considers that they have selected and added all the products they wish to buy to their basket, they will have the opportunity to confirm their order and to access their basket by clicking on the button designed for this purpose. They will then be redirected to an overview page which will display the number and characteristics of the products ordered, as well as their unit price.
If they wish to confirm their order, the customer must tick the box about the acceptance of these T&C and click the confirmation button. The customer will then be redirected to a page on which they will fill in the order form fields. They must in this case fill in a certain amount of personal data about themselves which is necessary to enable the order to be processed smoothly.
All orders placed on the site must be duly completed and must include the required information. The customer may make changes, corrections, additions, or cancel the order up until it is confirmed.
Once the customer has completed the form, they will then be asked to pay using the means of payment listed in the section of these terms and condition that relates to payments. After a few moments the customer will be sent an email confirmation of the order, reminding them of the contents of the order and the price of these contents.
The products sold remain the property of the vendor until full payment of what they cost, in accordance with this retention of title clause.
The vendor reserves the right to refuse any order from a customer with whom there is or has been a dispute over the payment of a previous order.
Article 5 - Prices and methods of payment
Unless otherwise stated, the prices listed in the catalogue are prices in Euros inclusive of all taxes (including VAT), taking into account the VAT applicable on the date of the order and excluding any handling and shipping costs.
The vendor reserves the right at any time to change their prices and pass on, if applicable, any change in the VAT rate in effect on the price of the products or services offered on the site. However, the price listed in the catalogue on the day of the order will be the only price applicable to the customer.
Taxes applied to your orders:
- For orders from the European Union, the VAT rate applied is the same as that of France. You simply have to pay additional shipping charges that you will be informed about when choosing the delivery method.
Professionals, please note that you cannot claim your VAT back in your own country.
- Regarding orders for French overseas departments and territories and outside the European Union, the invoicing of the products will be duty-free and you will have to pay the shipping costs which will be calculated according to the country of destination and the weight of the parcel. Additionally, upon receipt of the parcel you will be responsible for customs duties, VAT and other local taxes depending on the country of destination.
The customer may place an order on this site and may pay by credit card, Paypal and bank transfer. Credit card payments are made through secure transactions provided by an online payment platform provider.
The customer can also choose to order by mail or email. Orders placed this way will be processed subject to prior receipt of payment for the total amount of said order.
This site does not have access to any data relating to the customer's means of payment. The payment is paid directly to the bank or the payment provider receiving payment from the customer. In the case of bank transfer payment , delivery times as defined in the ‘Deliveries’ article of these terms and conditions start only from the date of actual receipt of payment by the vendor, the latter being able to provide proof by any means at their disposal. The availability of the products is indicated on the site, in the description of each product.
In the case of payment by credit card (Visa, Mastercard, etc.) random checks will be carried out by the payment provider to confirm the authenticity of the transaction. These checks use the 3D Secure banking security system which consists of authenticating the transaction by putting the customer in contact with their bank to confirm the payment.
The vendor will archive the purchase orders and invoices on a reliable and long-lasting medium constituting a faithful copy. The records will be considered by the parties as proof of communications, orders, payments and transactions between said parties.
Requests for quotes can be carried out via the site, but also by mail or email. They are valid for a period of 1 month from the date of issue. After this period a new quote will have to be requested.
In some cases, such as lack of payment, the wrong address or any other issue related to your account, the vendor reserves the right to suspend an order until this issue is resolved. For any payment, the vendor reserves the right to request a copy of the buyer's ID and/or proof of address.
Article 6 - Deliveries
The customer will be informed of the delivery costs before any payment. These costs apply only to deliveries made to mainland France or any other country to which deliveries can be made and that is listed in the order form. It is the customer's responsibility to contact customer services for any other delivery location.
In the event that a product is delivered outside the European Union and in the French overseas departments and territories, the customer declares themselves to be the importer of the product and agrees that in such a case the vendor may be physically unable to provide them with accurate information on the total amount of customs duties and formalities or import taxes applicable in the country to which they have requested the product's delivery.
Unless otherwise stated on the site during the order process or in the description of the products ordered, the vendor undertakes in all cases to deliver the products within a maximum of thirty (30) days after the conclusion of the contract with a consumer/customer.
The customer may reject a package at the time of delivery if there is a problem with the delivery (damage, missing product in comparison to the delivery slip, damaged package, broken products, etc.); any such problem must then be written down by the customer on the delivery slip, in the form of a handwritten description of the issue, accompanied by the customer’s signature. The customer must also send their description of the issue to the vendor’s customer service by mail or telephone. To exercise their right of rejection, the customer must open the damaged or defective parcel(s) in the presence of the courier and make them take back the defective goods. If there is any failure to comply with these requirements, the customer cannot exercise their right of rejection, and the vendor will not be required to look at the customer’s request to exercise their right of rejection.
If the customer has inadvertently rejected the parcel, has entered an incorrect or incomplete delivery address, or has not picked up their parcel at the post office or pick-up point within 14 calendar days , the customer's parcel will be returned to the vendor by post or by other postal service providers. The vendor will contact the customer upon receipt of the returned parcel to ask them what to do with their order. If the customer has inadvertently rejected the parcel, or has entered an incorrect or incomplete delivery address, they may ask for it to be sent back to them by paying the postage fees for the new delivery. The postal fees must be paid even for orders whose shipping costs were free when ordering.
In instances where there is a mistake in delivery or in an exchange (if the right of retraction is applicable, i.e. if the customer is a consumer and the contract for acquiring the product or service allows it to be retracted), any product to be exchanged or refunded must be returned to the vendor in its entirety and in perfect condition. The customer must make a return request in the customer section of the site. The return request must be confirmed and authorised by the site before being sent back by the customer. Any defect resulting from clumsiness or mishandling by the customer cannot be attributed to the vendor. The return request has to be made within 30 days of sale, and the product is in its entirety and in perfect condition. The customer must send the parcel at his own expenses.
Any delivery delay in terms of the date or time that was indicated to the customer/consumer during their order or, if they were not informed of the date or time when ordering, any delay that is over thirty (30) days from the conclusion of the contract may result in the consumer/customer terminating the sale, upon written request from the latter by registered letter with acknowledgment of receipt, if after having asked the vendor to carry out the delivery, said delivery does not take place. The consumer/customer will then be refunded for the entire sum paid, at the latest within fourteen (14) days following the date on which the contract was cancelled. This clause is not to be applied if the delivery delay is due to a case of force majeure.
Delivery times as given on the site may unfortunately not be honoured in the case of force majeur, such as bad weather, natural disasters, courier breakdown, etc.
Article 7 - Right of retraction and retraction form
Prior to any return of a product or retraction of a service, the customer must give notice of their intention to retract.
If the right of retraction is applicable, the customer/consumer has a period of fourteen (14) working days to retract, applicable from the date of receiving the product from their order or from concluding the contract for the provision of services. This period is extended to thirty (30) days by the vendor, which constitutes sixteen (16) additional days compared to the statutory retraction period. The customer will be required to return any product that does not suit them and to request the exchange or refund without any penalty, within thirty days from the vendor receiving the refund request.
The product must be returned in perfect condition for resale. If applicable, it must be accompanied by all its accessories. Below, the consumer/customer will find a standard retraction form for an order placed on the site. This should be addressed to the vendor. It is understood that the customer will bear the costs of returning the product in cases of retraction, as well as the cost of returning the product if this product cannot be returned by post in the usual fashion due to the nature of said product.
If the previous obligations are not carried out, the customer will lose their right of retraction and the product will be returned to them at their expense.
The customer may request a return on the site (via the customer section) for a period of thirty (30) working days from receipt of the product. When the return request is validated by the website, the customer has to send the parcel at his own expenses. The customer is advised to track the parcel they are returning. If there isn’t any tracking and If the returned parcel does not reach the vendor, it will not be possible to ask the postal services to launch an investigation into locating the latter.
Upon receipt of the return, the vendor will acknowledge receipt of the parcel by sending an email to the customer.
As far as possible, the refund will be carried out using the same payment method that was chosen by the customer for the initial transaction, and to the extent that the reimbursement does not incur any costs for the customer. In the event that it is impossible to use the means of payment used for the order (bank card or transaction expired, etc.) the vendor will suggest alternative methods of reimbursement, without additional costs for the customer.
The vendor also reserves the right to defer the refund until receipt of the product or for the entire period during which the customer has not shown proof of having sent the product, if such a proof has not taken place prior to this.
In the event that the products have been damaged from handling other than that required for establishing the nature, characteristics and proper operation of the product(s), the customer may be held liable.
The consumer/customer can find below a standard retraction form for an order placed on the site:
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of SOS Accessory SAS, 12 rue Jean Monnet, 78990 Élancourt, France
I/we (*) hereby notify you (*) of my/our (*) retraction of the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of customer(s):
Address of the customer(s):
Signature of the customer(s) (only to be used if sending a paper version of this form):
(*) Strike through anything that is non-applicable.
Article 8 - Legal warranty – Product compliance - Hidden defects
In accordance with the legal provisions in force, the vendor agrees to reimburse the customer or to exchange the defective products or those that do not match the order that was placed.
Defective products must be returned to the address provided by the vendor. The products must be returned in the state in which they were received by the customers with all of their accompanying elements (accessories, packaging, instructions, etc.).
Article 9 - Customer service
Customer service for this site can be accessed via email using the "Contact Us" section of the site or by post using the address given in the legal notices.
The vendor has also set up a hotline for answering their customer’s questions. The telephone number for this hotline is +33 (0)130505515 (non-premium number).
Article 10 - Liability
The vendor cannot be held responsible for the non-performance of the concluded contract due to an instance of force majeure occurring. In terms of the products purchased, the vendor shall not be held liable for any indirect damages as a result of trading loss, loss of profit, damages or costs, which could occur.
The selection and the purchase of a product or a service are the sole responsibility of the customer. The total or partial impossibility of using the products mainly due to hardware incompatibility cannot lead to any compensation, reimbursement or questioning of the vendor's liability, except in cases of a hidden defect, noncompliance, defectiveness or exercise of the right of retraction if applicable, namely if the customer is not the consumer/customer and if the contract for acquiring the product or service allows the retraction of it.
The customer expressly agrees to use the website at their own risk and under their sole responsibility. The website provides the customer with information for informative purposes only, and this information is potentially subject to imperfections, errors, omissions, inaccuracies and ambiguities. Under no circumstances can the vendor be held responsible:
- For any direct or indirect damage, particularly with respect to profits, loss of income, loss of customers or loss of data, resulting, amongst other things, from use of the website, or conversely, from the impossibility of using it:
- For malfunctions, unavailability of access, incorrect use, incorrect configuration of the computer, or the use of a little-used web browser by the customer.
- For the content of adverts and other links or external sources that can be accessed by customers through the site.
The photographs and graphics of the products shown on the site have no contractual nature, which means the vendor cannot be held liable if the characteristics of the products differ from the graphics on the site or if these are erroneous or incomplete.
Article 11 - Intellectual property rights
All parts of this website belong to either the vendor or an authorised third party, or are used by the vendor on the website with the permission of their owner.
All use, reproduction or adaptation of the website's content, including but not limited to logos, textual or pictorial content and videos, is strictly prohibited and constitutes a form of counterfeiting.
Any customer committing an act of counterfeiting is liable to have their access to the website removed without prior notice or compensation and without the possibility that such an exclusion will constitute a damage caused to the customer, independent of any subsequent legal action taken against the customer on the initiative of this website's vendor or their authorised agent.
The brands and logos on the site are likely to have been registered by the vendor or possibly one of their partners. Anybody proceeding to represent, reproduce, nest, disseminate and redisseminate these is liable to incur the penalties that have been set out for such circumstances.
Article 12 - Independence of clauses
Should a provision of the T&C be judged illegal, null or inapplicable for any other reason, said provision will then be considered divisible from the T&C and will not affect the validity or applicability of the remaining provisions.
These T&C supersede all prior or contemporaneous written or verbal agreements. They cannot be ceded, transferred or sub-licensed by the customer themselves.
A printed version of the T&C and all the legal notices that have been provided in electronic form may be requested as part of legal or administrative procedures relating to the T&C. The parties agree that all correspondence relating to the T&C must be written in the French language.
Article 13 - Applicable law and mediation
These T&C are governed by and subject to the laws of France.
Notwithstanding any public policy provisions, any dispute that may arise out of or in connection with these T&C can be submitted to the publisher of the website for evaluation, with a view to reaching an amicable settlement, prior to any legal action taking place.
The customer is expressly reminded that a request for amicable settlement does not extend the time limits applicable to the bringing of legal action. Unless otherwise specified by public policy, any legal action relating to the application of these T&C is subject to the jurisdiction of the courts of the defendant's place of residence.
For the record, " every consumer has the right to free use of a consumer mediator for amicable resolution of a dispute with a professional. The professional guarantees the customer effective recourse to a consumer mediation system for this purpose ."
As such, the vendor offers their consumer/customers mediation from a consumer mediator in the context of disputes that have not been able to be resolved amicably. The mediator's contact details are as follows:
- Jérôme DUPRE
For the record, mediation is not mandatory but is only offered in order to resolve disputes by avoiding recourse to justice.