Article 1: object
These general conditions of sale (hereinafter "GTC") govern the contractual relationship between the company News-Containers, a simplified joint-stock company, whose registered office is located at Avenue Ferdinand Buisson, 92100 Boulogne-Billancourt, France, with the trade name "News-Containers », registered in the trade and companies register.
These GCS apply without restriction or reservation to all sales concluded by the company News-Containers. (hereinafter the "Seller" or "News-Containers") from non-professional buyers (hereinafter the "Client" or the "Buyer"), wishing to acquire the Products offered for sale by the Seller by purchase immediately or by placing an order via the Seller's website, by telephone or any other remote means.
The Seller or News-Containers, the Customer or the Buyer, may hereinafter be referred to individually as the “Party” or collectively as the “Parties”.
The T&Cs specify in particular the conditions for immediate purchase, ordering, payment, and delivery or delivery of Products ordered by Customers.
These T&Cs apply to the exclusion of all other conditions. They are systematically communicated to any Customer prior to the immediate purchase or before placing an order and will prevail, if necessary, over any other version or any other contradictory document.
The Customer declares to have read these GCS and to have accepted them before his immediate purchase or the placing of his order. These T&Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date of the immediate purchase or the placing of the order.
The validation of the order by the Customer implies acceptance without restriction or reservation of these GCS. Any contrary condition set by the Buyer and not accepted in writing is unenforceable against News-Containers.
Article 2 - Geographical area
The online sale of the Products presented on the Seller's website is reserved for Buyers who reside in France, Spain, Portugal, DOM TOM, Italy in Belgium, Switzerland, Luxembourg and everywhere in Europe.
Article 3 - Characteristics of the Products offered for sale
The products offered for sale by the Seller are mainly maritime containers, refrigerated containers, habitable containers, Mobile homes, Bungalows, as well as any other goods marketed by News-Containers (hereinafter the “Products”).
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller's catalog, published on the Seller's website. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each product in order to know its properties and essential particularities. Product offers are within the limits of available stocks.
Article 4 – Orders placed on the site www.News-Containers.com
The Buyer places an order on the Seller's website: “www.News-Containers.com”. To buy one or more Products, he must follow the following ordering process:
Choice of Products and addition to cart
Validation of basket contents
Identification on the website or registration on the identification sheet on which he will indicate all the contact details requested (identity, e-mail address, delivery address, billing address, etc.)
Choice of delivery method
Choice of payment method and acceptance of the T&Cs
Confirmation of payment
The Buyer will receive an order confirmation e-mail, including a summary of the order.
The Buyer may at any time view during the ordering process, the details of his order as well as its total price and correct any errors, before confirming it to express his acceptance.
News-Containers retains ownership of the Products until full payment of the order, that is to say the collection of the price of the order by News-Containers.
News-Containers reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to payment or delivery of a previous order. Any order implies acceptance of the prices and Products available for sale.
News-Containers undertakes to honor orders received on the website only within the limits of available stocks.
In the event of cancellation of the order by the Customer after receipt of the order confirmation e-mail, for any reason whatsoever except force majeure and the use of the right of withdrawal, any sum paid during the purchase of the Products will be automatically acquired by the Seller and cannot give rise to any reimbursement.
Article 5 - Orders – Immediate purchases
Apart from orders placed on the Seller's website (i.e. in particular in the case of orders by telephone or on site), orders for Products and immediate purchases are made as follows:
Choice of Products
Identification of the Buyer (contact details, e-mail address, delivery address, billing address etc.)
Choice of delivery method
Choice of payment method and acceptance of the T&Cs
Confirmation of payment
The sale will only be considered final after sending or delivering to the Customer confirmation of acceptance of the order by the Seller (via e-mail or any other means), and after receipt by the latter of the full price.
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment or delivery of a previous order.
News-Containers undertakes to honor orders only within the limits of available stocks.
News-Containers retains ownership of the Products until full payment of the order, that is to say the collection of the price of the order by News-Containers.
In the event of cancellation of the order by the Customer after its acceptance by the Seller, for any reason whatsoever except force majeure and the use of the right of withdrawal, any sum paid during the purchase of the Products will be right acquired to the Seller and cannot give rise to any reimbursement.
Article 6 - Product Prices
The prices indicated on the News-Containers website, communicated by telephone or available at the Seller's premises, are expressed in Euros, all taxes included. They are valid and payable when the order is validated.
These prices are firm and non-revisable during their period of validity, as indicated in the Seller's price catalog, the latter reserving the right, outside this period of validity, to modify the prices at any time.
In particular, they are liable to change without notice depending on available stocks, market and cost conditions and the commercial policy of News-Containers.
Once the order has been validated, the price of this order is no longer likely to change except for changes in applicable taxes or manifest error. Any change in the VAT rate may be passed on to the price of the Products.
For Products that are not collected by the Customer himself, the prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated in the price catalog of the Seller and calculated prior to the immediate purchase or the placing of the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
Article 7 – Terms of payment
The price is payable in cash, in full on the day of the immediate purchase or the placing of the order by the Customer, according to the following terms:
Wire Transfer
by paypal
by credit card: Visa, MasterCard, other credit cards
Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller.
In the event of an order by telephone or any other remote means (apart from online ordering via the Seller's website or immediate purchase on the Seller's premises), the Products ordered will be reserved for the Buyer for 7 calendar days from the date of the order. After this period and in the absence of receipt of payment, News-Containers reserves the right to cancel the Customer's order.
The Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
Article 8 – Delivery of Products – Deliveries
Unless otherwise specified or specified at the time of the order, the Products ordered by the Buyer are delivered to him by Discount containers, directly or by a carrier, to the delivery address defined by the Buyer.
Delivery
In the event that News-Containers ensures the delivery, the Products are transported under its responsibility.
An appointment must be made for the order to be physically received by the Buyer or one of its representatives from Monday to Friday, during business hours. An appointment is made up of a one-day or half-day slot.
The Products ordered or acquired by the Customer will be delivered in France or in Europe within the shipping time indicated on the Product sheet, to which is added the processing and delivery time to the address indicated by the Customer when purchasing. or his order.
The delivery times indicated on the website are indicative average times, provided that the Products are available in stock at the time of the order. Average delivery times are 1 to 3 working days. These deadlines are average deadlines and can be extended to 4 days for certain destinations. These deadlines are exclusive of order preparation (1 to 2 working days) and run from the date of dispatch.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above.
However, these deadlines are given for information only. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure, the sale may be canceled at the Customer's written request under the conditions provided for in Articles L. .216-2 L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within 14 days following the date of termination of the contract, excluding any compensation or deduction.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
Placing an order implies understanding and acceptance of the delivery conditions. In particular, the delivery address must be accessible.
The Buyer will have to accept the delivery which implies the verification of the products, quantities delivered.
Any claim, to be accepted, must be made within a maximum period of 3 days from receipt of the Products by registered letter with acknowledgment of receipt addressed to News-Containers.
In the event that the complaint concerns the nature and quantity of the Products, it must also have been mentioned on the counterfoil remaining in the hands of the carrier, a copy of which will be attached to the letter.
The Buyer is required to check the conformity of the goods delivered and their packaging at the time of delivery and before signing the carrier's delivery note.
In the event of damaged product or packaging, the Purchaser must indicate any anomaly on the delivery note and in the form of precise handwritten reservations accompanied by his signature. In the absence of handwritten reservations, this verification is considered to have been carried out and the goods considered to have been delivered in conformity, once the Buyer, or a person authorized by him, has signed the delivery slip. No complaint can be accepted in the absence of precise handwritten reservations.
Article 9 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the latter, and this regardless of the date of delivery of the Products.
Article 10 - Right of withdrawal
In the case of an order placed remotely, via the Seller's website, by telephone, mail or e-mail, the Buyer has a right of withdrawal of 14 days from the day of receipt of the Products by him. -itself or a third party, other than the carrier, designated by him.
The Buyer has a period of 14 days, following the communication of his decision to withdraw, to return the Products delivered, at his expense and risk, in their original packaging, accompanied by a copy of the delivery note. , in the Seller's warehouse or in the carrier's warehouse which will be indicated to him.
The Buyer will be reimbursed within 14 days from the date on which the Seller has been informed of the Buyer's decision to withdraw, subject to the return of the Products.
If the Buyer refuses his delivery once the shipment has been made, the return costs will remain the responsibility of the customer. The return costs invoiced may be higher than the flat-rate shipping costs paid when ordering and according to the carrier's price list.
Article 11 - Seller's liability - Warranty
The Products offered for sale comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, in accordance with the legal provisions,
the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order or immediate purchase,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
under the conditions and according to the methods referred to in the box below and defined in the appendix to these GCS (guarantee of conformity / guarantee of hidden defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer:
has a period of two years from the delivery of the goods to act against the Seller
may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
The defects of conformity which appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise, except for second-hand goods, the period of which is extended to six months. (art L.217-7 of the Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the product.
The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products within the time limits referred to above and return or bring back to the store the defective Products in the state in which they were received. with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of receipts.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by crediting the Customer's bank account or by bank check addressed to the Customer.
The responsibility of the Seller cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
Article 12 - Intellectual property
The Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to supplying the Products to the Customer.
The Customer is therefore prohibited from any reproduction or use of said photographs, presentations, studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may condition it on financial consideration.
Article 13 – Personal data
The personal data communicated by the Customer are kept by the Seller for the needs of the activity of News-Containers.
In accordance with the Data Protection Act of January 6, 1978, the Customer has a right to access, modify, rectify, query, oppose and delete personal data concerning him collected by the Seller in the framework of its activity.
The Seller ensures the confidentiality of the personal data collected. However, the Customer admits that the Seller may be required, in accordance with its legal obligations, to reveal personal information in the context of legal procedures (search warrants, etc.).
Article 14 – Forced execution in kind
By way of derogation from the provisions of article 1221 of the Civil Code, the Parties agree that in the event of a breach by one or other of the Parties of its obligations, the Party victim of the default may not request forced execution. .
The Party victim of the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract according to the terms defined below.
Article 15 – Exception of non-performance
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even when it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance.
The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of default sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party will not have remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch.
This non-performance exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent upon it on the due date and that the consequences of this non-performance are sufficiently serious for the Party victim of the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately, upon receipt by the allegedly defaulting Party of the notification of the intention to apply the preventive non-performance exception until the allegedly defaulting Party performs the obligation for which a future breach is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch.
If the impediment was definitive or continued beyond two months, these presents would be purely and simply resolved according to the methods defined in the article Resolution for failure of a Party to fulfill its obligations.
Article 16 – Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party noting the event must immediately inform the other Party of its impossibility to perform its service and justify it to the latter. The suspension of the obligations can in no case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or late payment penalties.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of two months. Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive and exceeds a period of two months, the present will be purely and simply resolved according to the methods defined below.
During this suspension, the Parties agree that the costs generated by the situation will be shared by half.
Article 17 – Resolution
Resolution for force majeure
Termination by operation of law for force majeure, notwithstanding the resolution clause for breach by a Party of its obligations set out below, may only take place 15 days after receipt of formal notice notified by registered letter with request of acknowledgment of receipt or any extrajudicial act and after having noted that the impediment is definitive or exceeds a period of two months in accordance with article 16 above.
However, this formal notice must mention the intention to apply this clause.
Termination for breach of a sufficiently serious obligation
The Party victim of the default may, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgment of receipt to the Defaulting Party, the faulty resolution of these , 15 days after receipt of a formal notice to perform which has remained unsuccessful, pursuant to the provisions of article 1224 of the Civil Code.
In any event, the aggrieved Party may seek the awarding of damages and interest.
Resolution in case of sale outside the geographical area
In the event of a sale outside the geographical area defined in article 2 hereof, this may be automatically resolved at the Seller's discretion, without carrying out any formalities.
Article 18 – Applicable law – Language
By express agreement between the Parties, these T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 19 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these GCS could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved amicably between the Seller and the Customer, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (article L.612-1 of the Consumer Code) or with sectoral mediation bodies. existing ones, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 20 – Pre-contractual information – Customer acceptance
The Customer acknowledges having had communication, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these T&Cs and of all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
essential characteristics of the Product
the price of the Products and ancillary costs (delivery, for example)
in the absence of immediate execution of the contract, the date or the deadline on which the Seller undertakes to deliver the Product
information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they are not apparent from the context
information relating to legal and contractual warranties and their methods of implementation
the functionalities of the digital content and, where applicable, its interoperability
the possibility of resorting to conventional mediation in the event of a dispute
The fact for a natural person (or legal entity), to make an immediate purchase or to order a Product implies full and complete acceptance and acceptance of these GCS and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.
APPENDIX I
CONFORMITY GUARANTEE - LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
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 good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good 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 L217-9 of the Consumer Code
In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
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 L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of hidden defects in 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 1648 paragraph 1 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.
APPENDIX II
RIGHT OF WITHDRAWAL – WITHDRAWAL FORM
Article L221-18 of the Consumer Code
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify his decision or bear any other costs than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
Model withdrawal form (distance selling to a non-professional buyer)
recommended letter with receipt note
Dear,
On (date), I placed an order with you by (telephone, Internet) and took delivery of it on (date).
In accordance with article L. 221-18 of the consumer code, I inform you that I wish to exercise my right of withdrawal concerning this order and I will return it to you or drop it off at your premises (…) (specify) within next fourteen days.
Please reimburse me the sum of (…) euros that I paid you by (credit card, etc.).
Thanking you, please accept, Madam, Sir, the expression of my best regards.
(Signature)