Terms and conditions of use
Online sale of second-hand, recycled and new GPS, mainly of the Garmin brand by the company GPSuite.
These general conditions of sale apply between:
Boumediene Merouane Houcine, a micro-enterprise, having its registered office at 108 rue du 4 avril 1789- 69100 Villeurbanne - FRANCE, registered with the RCS of Lyon under number 753 887 496, code NAF 62.09Z, publisher of the site www.GPSuite .Fr
Hereinafter: “GPSuite”
And :
Anyone making a purchase on the site www.gpsuite.fr http://gpsuite.fr/
Hereinafter: “The CUSTOMER”
The CUSTOMER declares to have the capacity to conclude this contract, that is to say to be of legal majority and not to be under guardianship. The CLIENT's order implies irrevocable acceptance of these general conditions of sale. The sales contract is subject to French law.
1. Validity of offers
The offers are only intended for consumers with a delivery address in the countries where GPSuite provides delivery via a transport provider.
The products presented on the site are valid within the limits of available stocks. In the event of a debit or receipt for the order of an unavailable item, GPSuite undertakes to reimburse the CLIENT within 7 days. GPSuite undertakes to notify the CUSTOMER by e-mail who has placed an order for an unavailable item.
2. Presentation of the products
The products offered for sale are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, GPSuite cannot be held liable.
3. Price
The prices presented on the site or the online store are:
• TTC (all taxes included, i.e. including VAT) for CUSTOMERS who have entered a delivery address in the European Union
• HT (Excluding Taxes) for CUSTOMERS who have entered a delivery address located outside the European Union
The prices are exclusive of the flat-rate contribution to the shipping costs, which remains the responsibility of the CLIENT, except in the case of a temporary or permanent promotional offer.
Prices are guaranteed subject to typographical or printing errors. They may be modified at any time, without notice and in particular in the event of a change in tax or economic data. The articles will be invoiced on the basis of the rates in force at the time of the registration of the order.
4. Payment terms
GPSuite accepts the following means of payment: Carte Bleue, Visa, MasterCard, American Express, Cheque, Bank transfer, Cash. For some countries, in addition to the payment methods mentioned above, GPSuite accepts specific local payment methods which will be offered to the CLIENT at the time of payment.
Cash payments are accepted within the limit of 1000 euro maximum per day.
5. Retention of Title
GPSuite retains ownership of the goods until full payment of the price by the buyer. This right of claim concerns both the goods and their price if they have already been resold (law of 12 May 1980).
6. Acceptance of the offer
Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale. The validation of the order by the CLIENT implies acceptance of the general conditions of sale.
7. Bill
The invoice is sent to the e-mail address indicated when ordering and is also available in the "My Account" area of the site. It is established in accordance with the tariff in force on the day the order is placed. GPSuite disclaims all liability for input errors.
8. Delivery & Transportation
Orders placed before 1pm (Paris time) Monday to Friday are usually dispatched the same day. This deadline is given for information only and cannot be respected in the following cases:
• Exceptional peak of activity
• Public holiday in France
• Lack of receipt of payment from the CLIENT on time
• Anti-fraud verification procedure on the CLIENT's order
Shipments are then taken care of by a transport provider who provides transport to the delivery address indicated by the CUSTOMER, or a parcel relay if the CUSTOMER has chosen this delivery method.
The delivery times indicated on our site have been communicated to us by the transport providers and are purely indicative. Exceeding these deadlines can in no way be held against GPSuite, nor give rise to a termination of the contract or to any compensation for damages.
The risks of transport are the responsibility of the CUSTOMER from the delivery of the package to the carrier or to his relay point. The CUSTOMER must check the condition of the packaging and the conformity of the items delivered and immediately report to GPSuite any anomaly if necessary. Any reservations are to be noted on the delivery note presented by the carrier and must be sent within 48 hours by e-mail to: GPSuite.info@gmail.com
The goods are shipped from Metropolitan France. If the country of delivery is not part of the European Union, customs duties may be payable by the CUSTOMER, he must pay the customs duties directly to the carrier at the time of delivery. GPSuite has no control over these charges which are the sole responsibility of the CUSTOMER.
9. Returns & Right of withdrawal
If an article or several articles are not suitable, the CUSTOMER has a period of 14 days from the date of delivery of the goods, to exercise the right of withdrawal of his order. Returned item must be in same condition as the item was sent. The postmark or the date of the receipt of availability constitutes the start date of this period. The return or cancellation may concern all or part of the order
To do this, the CUSTOMER must send the model withdrawal form appended to the General Terms and Conditions of Sale, by email to GPSuite.info@gmail.com.
Return costs are borne by the CLIENT.
The refund is made within a maximum period of 15 working days from receipt of the return of the goods by re-credit on the means of payment used during the purchase and this after checking the condition of the article and of its packaging. Products that are damaged, returned incomplete, soiled, or in an advanced state of wear compared to the original state, will not be taken back or refunded. Beyond the period of 14 days from delivery, the goods will not be taken back or refunded.
Product exchanges are not possible, only refunds.
10. Obligation of the parties
GPSuite, in the case of acceptance of an order, undertakes to sell and deliver to the CLIENT the product(s) ordered by the latter according to the methods specified above.
GPSuite undertakes to verify that the products comply with French regulations.
The CUSTOMER undertakes to indicate to GPSuite an address to which the delivery can be made or a valid relay point. The provision of personal information (name, address, telephone, e-mail address, etc.) collected for the purpose of concluding the sales contract is mandatory. This information is essential for the processing and delivery of orders and the establishment of invoices. The lack of information leads to the non-validation of the order. In the event of an error in the provision of this information, GPSuite cannot be held responsible for the impossibility of delivering the product. In this case, the CUSTOMER remains responsible for payment. In the event that an incomplete address is provided, making it impossible for the transport provider to deliver, the CUSTOMER must pay the delivery costs corresponding to the reshipment of his order.
11. Guarantee
The Products purchased on the GPSuite.fr website are mostly second-hand products. GPSuite may also offer new products for sale. Used products are generally unique. Before they are put on sale, they are tested to check that they are in good working order, cleaned and/or reset.
11.1. Legal guarantee of conformity
GPSuite is bound by the legal guarantee of conformity of the goods under the conditions provided for in articles L217-4 and following of the Consumer Code and the guarantee relating to defects in the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
Article L217-4 of the Consumer Code:
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code:
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L217-8 of the Consumer Code:
“The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him”.
Article L217-7 of the Consumer Code:
“The defects of conformity which appear within 24 months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at 6 months”.
Article L217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods"
Article L217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the - 11/15 - provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
11.2. Legal guarantee against hidden defects
Extracts from the Civil Code:
Article 1641 of the Civil Code:
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them. »
Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned, as that it will be arbitrated by experts. »
Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
11.2. Implementation of the guarantee
The product concerned by the guarantee must be sent to GPSuite as it was sold, accompanied by any accessories. The absence of one of these parts will not allow the support of the product by the after-sales service of GPSuite.
As soon as the malfunction falls within the scope of the guarantee, GPSuite undertakes to inform the CLIENT within 8 days of the procedure to be adopted:
- Repair: If the product is repairable, it will be returned repaired within 30 days. GPSuite undertakes to bear the cost of repairs.
- In the event of impossibility of repair: By impossibility of repair, GPSuite means technical impossibility (ex: part not available), and/or economic impossibility (cost of the repair higher than the residual market value of the product), the CUSTOMER may request product replacement or refund.
In the case of replacement of the second-hand product by an identical product: the warranty period which applies to the replacement product is the residual warranty period, extended by the immobilization period of the product.
If the store does not have an identical product, the CUSTOMER will be offered an iso-functional product. The warranty period that applies to the replacement product is the residual warranty period, extended by the immobilization period of the product.
Finally, the refund will be made in the form of a credit note or in cash/check at the CLIENT's choice.
The CUSTOMER will bear all possible transport costs. GPSuite reserves the right to keep the product as long as it has not been compensated for the transport costs to be incurred for the return of the product.
11.4. Disclaimer of Warranties
The legal guarantee of conformity does not cover:
- Defects (in appearance and/or functionality) already present, brought to the attention of the Consumer at the time of purchase and indicated on the purchase invoice, or which he clearly could not have ignored when he proceeded purchase.
- The natural deterioration of the capacity of consumables and their replacement such as batteries, batteries, etc.
- Defects resulting from the use of the product in violation of the precautions for use, abnormal or non-compliant use of the products, or lack of care.
- The defects which are the consequence of the modification and/or repair and/or the installation and/or the assembly of the product by the Consumer or related to the intervention of a third party on the product after the purchase, and revealed in particular by the tearing off of the self-adhesive security dots (void type) affixed by GPSuite to the Products, ensuring the Consumer the integrity of the internal components of the equipment.
- Defects which are the consequence of non-compliant or non-intended use for the use for which the product is intended, - Defects and their consequences linked to any external cause (lightning, immersion in a liquid, blows, scratches, dents, crushing, broken glass, etc.),
- The loss of all or part of the product by the Consumer after purchase.
12. Personal data
The collection of the CLIENT's personal data is necessary to process the order. This information is strictly confidential and is only intended for the use of GPSuite. In accordance with the Data Protection Act of January 6, 1978, the CLIENT has the right to access, modify, rectify and delete personal data concerning him. If the CUSTOMER wishes to exercise this right, all he has to do is write to GPSuite, indicating his surname, first name and address.
GPSuite reserves the right to collect data on the CUSTOMER through the use of cookies in order to improve the personalized service intended for the Internet user.
In order to facilitate your navigation on the Site, GPSuite uses Cookies or similar systems. These Cookies offer you a better quality of service by recording information relating to your browsing.
These Cookies do not identify you individually and their duration is strictly limited to the duration of your browsing session.
You can refuse the registration of Cookies by adjusting the settings of Your Internet browser. However, this operation may, in some cases, result in the deletion of all Cookies used by the browser, including those used by other websites, which may lead to the alteration or loss of certain settings or information. Deleting Cookies may alter the quality of navigation on the Site, or even make it less fluid.
You can oppose the registration of Cookies by configuring Your browser as follows:
For Microsoft Internet Explorer 6.0 and above:
1. Choose the "Tools" (or "Tools") menu, then "Internet Options" (or "Internet Options").
2. Click on the "Confidentiality" (or "Confidentiality") tab.
3. Select the desired level using the slider.
For Firefox:
1. Choose the "Tools">"Options" menu.
2. Click on the "Privacy" option.
For Safari 3.x for Mac OS X:
1. Open Safari.
2. Click on the "Preferences" option.
3. Click on the "Privacy" option.
4. Select "Block cookies".
13. Responsibility
GPSuite cannot be held liable for inconveniences and damages relating to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions or more generally any case qualified as force majeure by the courts.
14. Miscellaneous
The invalidity or inapplicability of one of the clauses of these general conditions of sale or of the special conditions will not affect the application or the validity of the other clauses of the general conditions of sale. This clause will then be replaced by the closest possible provision.
Neither GPSuite nor the CUSTOMER can be held liable in the event of contractual non-performance resulting from a case of force majeure, in particular and without limitation in the event of war, riot, insurrection, interruption of transport , import problem, strike, shortage, fire, earthquake, storm, flood.
For any information, question or complaint, the CUSTOMER may send an email to GPSuite.info@gmail.com
15. Legal Notice
Owner: Boumediene Merouane Houcine, 108 rue du 4 August 1789, 69100 Villeurbanne France.
Publisher and integrator: Boumediene Merouane Houcine, 108 rue du 4 avril 1789, 69100 Villeurbanne France.
16. Applicable law and competent court
These general conditions of sale are governed exclusively by French law.
The commercial courts of Lyon (France) have sole jurisdiction in the event of a dispute or difference concerning them.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Micro Entreprise Boumediene Merouane Houcine adheres to the Service of the Mediator of e-commerce of the FEVAD (Federation of e-commerce and distance selling) whose contact details are: following: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After prior written action by consumers, the Mediator Service may be contacted for any consumer dispute whose settlement has not been successful. To find out how to refer to the Mediator, click here.
APPENDIX 1: MODEL WITHDRAWAL FORM
(Complete and return this form and the order number only if you wish to withdraw. Please clearly specify your order number).
For the attention of BOUMEDIENE MEROUANE HOUCINE – 108 rue du 4 avril 1789 – 69100 Villeurbanne, France
Email: GPSuite.info@gmail.com
I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) below:
Ordered on …………….. (order date) and/or received on …………….. (delivery date)
Name of Consumer Client:
Address of the Consumer Client:
Signature of the Consumer Customer (only if returned via Paper form)
Date :
For any information, you can contact Customer Service at GPSuite.info@gmail.com or by phone at +33(0)7.61.13.61.65.