
General Terms and Conditions of Sale
The website www.shetters.com ('Site') is published by SKREENLOCK SAS, with a share capital of €1000, registered with the Trade and Companies Register of Auxerre under number 933 694 564, VAT number FR57933694564, whose registered office is at 60 Avenue de Paris - 89470 MONETEAU - FRANCE, and can be contacted at the following details: by phone: +33 373 53 09 33 or by email: info@skreenlock.com.
GENERAL PROVISIONS
Purpose of the GTC. The GTC apply exclusively to the online sale of products on the Site, which is freely and freely accessible to any internet user.
Scope of the GTC. The GTC exclusively govern online sales contracts for SHETTERS-SKREENLOCK products to buyers who are consumers ("BUYER") and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogs, or product photographs, which are for information only. The GTC apply exclusively to products delivered to BUYERS located in France and Europe. The GTC and all contractual information mentioned on the Site are written in French.
Availability and enforceability of the GTC. The GTC are made available to the BUYER on the Site where they can be directly consulted. The GTC are binding on the BUYER who acknowledges, by checking a box provided for this purpose, that they have read and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the BUYER of the GTC in force on the day of the order, the retention and reproduction of which are ensured by SKREENLOCK.
Modification of the GTC. SKREENLOCK reserves the right to modify the GTC at any time. In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a dated copy of which may be provided to the BUYER upon request.
Clauses of the GTC. The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent non-application of one or more clauses of the GTC by SKREENLOCK shall not be considered as a waiver of the other clauses of the GTC, which continue to have effect.
PRODUCTS
Characteristics. The products offered for sale presented in the catalog published on the Site each have a description mentioning their essential characteristics. The photographs illustrating the products do not constitute a contractual document.
Instructions for use. The instructions for use of the product, if essential, are mentioned in the electronic catalog or at the latest upon delivery.
Compliance. The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions, and the protection of consumers at the time they are placed on the market.
Stock availability. Products are offered and delivered within the limits of available stocks. In the event of unavailability of the ordered product, SKREENLOCK will immediately inform the BUYER and may offer a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any future order. In case of disagreement by the BUYER, SKREENLOCK will refund the amounts paid within 30 days. Apart from the refund of the price of the unavailable product, SKREENLOCK is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
PRICE
Sale price. The sale prices are indicated, for each of the products listed in the electronic catalog, in euros including all taxes, excluding delivery and transport costs, which are mentioned before order validation and invoiced in addition. The amount due by the BUYER is indicated on the order confirmation page. The sale price of the product is the one in force on the day of the order. The sale price of the products does not include shipping costs, which are invoiced in addition to the price. In the event of a promotional price, SKREENLOCK undertakes to apply the promotional price to any order placed during the period of the promotion.
Modification. SKREENLOCK reserves the right to modify its prices at any time, while guaranteeing the BUYER the application of the price in force on the day of the order.
Fees. Additional transport, delivery, or postage costs, of which the BUYER was aware before the order, are set out on the order form.
OFFER
Scope. The online sales offers presented on the Site are reserved for BUYERS residing in France and Europe.
Duration. The online sales offers presented on the Site are valid, unless otherwise specified, as long as the products appear in the electronic catalog and within the limits of available stocks.
Acceptance. Acceptance of the offer, the GTC, and the privacy policy by the BUYER is validated, in accordance with the double-click process, by confirming the order.
ORDER
Steps to conclude the contract. To place an order, the BUYER, after filling their virtual basket by indicating the selected products and desired quantities, then clicks on the "Order" button and provides information relating to delivery and payment method. Before clicking on the "Confirm Order" button, the BUYER has the opportunity to check the details of their order and its total price and to return to previous pages to correct any errors or possibly modify their order. Confirmation of the order constitutes acceptance of the GTC and forms the contract. An email acknowledging receipt of the order and its payment is sent by SKREENLOCK as soon as possible.
Order modification. Any modification of the order by the BUYER after confirmation of their order is subject to the acceptance of SKREENLOCK. SKREENLOCK reserves the right to make changes to the ordered product that are related to technical developments.
Order validation. SKREENLOCK reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
CONTRACT
Conclusion. The sales contract is formed when the BUYER sends the confirmation of their order.
Archiving and proof. The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium to constitute a true and lasting copy. These communications, order forms, and invoices may be produced as proof of the contract.
Termination. The order may be terminated by the BUYER by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of: (i) delivery of a product not conforming to the declared characteristics of the product; (ii) delivery exceeding the deadline set in the order form or, failing such a date, within thirty (30) days following the conclusion of the contract, after SKREENLOCK has been requested, under the same conditions and without result, to make the delivery within an additional reasonable period; (iii) an increase in the price not justified by a technical modification of the product imposed by public authorities. In all these cases, the BUYER may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order may be terminated by SKREENLOCK in the event of: (i) the BUYER's refusal to take delivery; (ii) non-payment of the price (or the balance of the price) at the time of delivery. In all these cases, the deposit paid at the time of the order remains acquired by SKREENLOCK as compensation.
PAYMENT
Due date. The price is payable in full after confirmation of the order.
Payment security. The Site is equipped with an online payment security system allowing the BUYER to encrypt the transmission of their banking data.
Late payment. Any amount not paid when due will accrue, without formal notice, interest at the legal rate.
Retention of title clause. SKREENLOCK remains the owner of the products sold until full payment of the price, and the BUYER undertakes, as long as ownership has not been transferred to them, to take all necessary precautions for the proper preservation of the products.
DELIVERY
Definition. Delivery means the transfer to the BUYER of the physical possession or control of the goods.
Delivery time. SKREENLOCK undertakes, in accordance with the delivery deadline indicated on the Site for each product, to deliver the products within 30 days after receipt of the order.
Late delivery. When the ordered product is not delivered on the date or at the end of the period mentioned on the order form, the BUYER may, after unsuccessfully requesting SKREENLOCK to fulfill its delivery obligation within an additional reasonable period, terminate the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.
Place of delivery. Products are delivered to the address indicated by the BUYER on the order form.
Delivery methods. Delivery is made by direct handover of the product to the BUYER or, failing that, by SKREENLOCK sending a notice of availability to the BUYER. Within fifteen (15) days from the notice of availability, the buyer must collect the ordered product. If not collected within the indicated period, SKREENLOCK may, after a formal notice to the BUYER that remains without effect, proceed with the collection, automatically terminate the order, and retain the deposit paid as compensation. When the product is delivered to the address indicated on the order form by a carrier, it is the BUYER's responsibility to check in the presence of the delivery person the condition of the delivered product and, in case of damage or missing items, to make reservations on the delivery note or the transport receipt, and possibly to refuse the product and notify SKREENLOCK.
Product conformity. If the product does not conform to the order, the BUYER must send a complaint to SKREENLOCK to obtain the replacement of the product or possibly the termination of the sale.
Unavailability of products. In the event of unavailability of products at delivery, SKREENLOCK may offer a product of equivalent quality and price.
Failure to deliver. Total failure to deliver results in the automatic termination of the sales contract.
Delivery and transfer of risk. The risks of loss or damage to the goods are transferred to the BUYER when they or a third party designated by them physically take possession of the goods, regardless of their nature. The product delivered to the BUYER by a carrier chosen by SKREENLOCK travels at SKREENLOCK's risk. The product delivered to the BUYER by a carrier chosen by them travels at the BUYER's risk from the time the goods are handed over to the carrier.
Transfer of ownership. From the delivery date indicated on the order form, ownership of the product is transferred to the BUYER, except in cases where full payment of the price has not been received at the time of the order.
LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
Information for the BUYER. All products supplied by SKREENLOCK benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the Consumer Code.
Implementation of the legal warranty of conformity. SKREENLOCK is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility. To be in conformity with the contract, the goods must: (i) be suitable for the usual purpose of similar goods and, where applicable: (a) correspond to the description given by SKREENLOCK and possess the qualities that it has presented to the buyer in the form of a sample or model; (b) have the qualities that a BUYER may legitimately expect in view of the public statements made by SKREENLOCK, the producer, or its representative, particularly in advertising or labeling; (ii) or have 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 SKREENLOCK and accepted by it. The action resulting from the lack of conformity is time-barred after two (2) years from the delivery of the goods.
LIABILITY
Exemption from liability. SKREENLOCK's liability cannot be engaged in the event of non-performance or improper performance of the contract due either to the BUYER, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure.
Product safety defect. In the event of damage caused by a product safety defect, the BUYER must seek the liability of the manufacturer, identifiable from the information mentioned on the product packaging.
RIGHT OF WITHDRAWAL
Conditions, period, and procedures for exercising the right. If the BUYER signs the contract, they have the right to withdraw, without giving any reason, within fourteen (14) calendar days. The withdrawal period expires fourteen (14) calendar days after the day on which the BUYER, or a third party designated for this purpose, physically takes possession of the last item.
To exercise the right of withdrawal, the BUYER must notify: (i) their name, geographical address, and, where available, their telephone number, fax number, and email address; (ii) their decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post, fax, or email, provided that these contact details are available and therefore appear on the standard withdrawal form). The BUYER may also complete and submit the model withdrawal form or any other unambiguous statement on the Site, in which case SKREENLOCK will promptly send an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email). To meet the withdrawal deadline of fourteen (14) calendar days, it is sufficient to send the form relating to the exercise of the right of withdrawal before the expiry of this period.
Effects. In the event of withdrawal, SKREENLOCK will reimburse all payments received from the BUYER, including delivery costs (except for additional costs resulting from the fact that you have chosen, where applicable, a delivery method other than the least expensive standard delivery method we offer) without undue delay and, in any event, no later than fourteen (14) calendar days from the day on which SKREENLOCK is informed of the decision to withdraw from the contract. SKREENLOCK will make the reimbursement using the same means of payment as that used for the initial transaction.
It is recalled that the BUYER is liable, in the event of withdrawal after use of the goods, for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods. According to the European Commission, such handling is what a consumer may do in a store for goods offered for sale there.
In the event of withdrawal, the BUYER must return or hand over the goods to SKREENLOCK SAS, 60 Avenue de Paris - 89470 MONETEAU - FRANCE, without undue delay and, in any event, no later than fourteen (14) calendar days after the BUYER has communicated their decision to withdraw from the contract to SKREENLOCK. This deadline is deemed to be met if the BUYER returns the goods from the order before the expiry of the fourteen (14) calendar day period. In the event of withdrawal by the BUYER, they must bear the direct cost of returning the product.
Model withdrawal form. The model withdrawal form can be found by clicking on <a href='https://www.shoei-myshop.com/fr/Home/TelechargerFormulaireRetractation' target='_blank'>this link</a>.
INTELLECTUAL PROPERTY
The elements reproduced on the Site, which are the exclusive property of the publisher, are protected by copyright, trademark law, and patent law. Any reproduction or distribution of these elements, without the prior written authorization of the publisher, exposes offenders to legal proceedings.
PERSONAL DATA
SKREENLOCK collects the following personal data for the execution of the order: last name, first name, email address, delivery postal address, telephone number.
MEDIATION
Prior complaint. In the event of a dispute, the BUYER must first contact SKREENLOCK's customer service at +33 373 53 09 33 (non-premium rate number from a landline in mainland France), Monday to Friday except public holidays, from 10 a.m. to 5 p.m., or by email (info@skreenlock.com) or by post at: SKREENLOCK SAS, 60 Avenue de Paris - 89470 MONETEAU - FRANCE.
Mediation request. In the event of failure of the complaint to customer service or in the absence of a response from this service within two (2) months, the BUYER may submit the dispute relating to the order or these GTC with SKREENLOCK to a mediator who will attempt, in complete independence and impartiality, to bring the parties together to reach an amicable solution. To submit a mediation request, the BUYER has a complaint form available on the mediator's website. The parties to the contract remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
APPLICABLE LAW AND JURISDICTION
Competent court. In the absence of an amicable agreement, you may refer the matter to the court for any dispute relating to the existence, interpretation, conclusion, performance, or termination of the contract as well as all documents related to this contract. The competent court will be that of the BUYER's place of residence or the place of actual delivery of the goods.
Applicable law. This contract and the GTC governing it are subject to the law of the country where the BUYER has their habitual residence.