for all orders in mainland France
Terms of sale
1. General provisions
1.1 Scope of application
These general conditions of sale (hereinafter “CGV”) apply to all sales of new and used products (hereinafter “the Products”) offered at a firm price and made through the marketplace called Bien Stocker (https://bien-stocker.fr) (hereinafter “Bien Stocker” or “the Site”) between professional sellers registered on the Site (hereinafter “the Sellers”) and major buyers (hereinafter “the Buyers”) also registered on the Site.
The General Terms and Conditions apply to consumer and professional buyers, excluding for the latter articles 5 (right of withdrawal), 6.2 (mediation) below and the legal guarantee of conformity.
Sales of Products presented on the Site are reserved for buyers residing in a member country of the European Union or in Switzerland for deliveries in these same geographical areas.
They are intended to govern the relationships between Sellers and Buyers of Products, excluding the relationships existing between the Sellers and Bien Stocker, which are governed by a marketplace contract signed separately.
1.2 Modification of the General Conditions of Sale – Partial nullity
Bien Stocker reserves the right to modify these General Terms and Conditions at any time by publishing a new version on the Site. The General Terms and Conditions are those in force on the date of validation of the order.
In the event that one of the provisions of these General Terms and Conditions is considered void for any reason whatsoever, the other stipulations will retain their full force and scope.
2. Order of the Product and conclusion of the sales contract between the Buyer and the Seller
Bien Stocker is not the Seller of Products purchased through the Site; only the Seller, whose name is indicated on the description sheet of each Product, is the Buyer's co-contractor for the purchase of said Products. The Products cannot therefore be taken back or exchanged by Bien Stocker
The Products are presented on the Site with a description enabling the Buyer to know their essential characteristics, their price and the delivery time of the Product.
The Buyer selects the Product(s) he wishes to purchase. The photos of the Products on sale on the Site have no contractual value.
He confirms his choice of Product(s) after checking the elements of the order and correcting them if necessary. The Buyer reads and accepts these General Terms and Conditions when validating his order. Validation of the order by the Buyer therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions, which prevail over all other conditions.
The Buyer follows the instructions of the online payment server to pay the all-inclusive price.
The Buyer receives an email confirming the registration of their order.
The Seller is informed by Bien Stocker that one or more of the Products he has placed online has been ordered.
The Seller's Product offers are valid as long as they are visible on the Site, while stocks last. In the event of exceptional unavailability of the Product after placing the Buyer's order, the Seller will inform the Buyer and the order will be automatically canceled. The Buyer is assured that his bank account will be recredited, using the same means of payment as that used for the order.
Once the order is confirmed and paid by the Buyer, the sale is definitively concluded, without prejudice to the right of withdrawal provided for in Article 5 below, and the Product(s) are shipped by the Seller according to the terms set out in Article 5 below. Article 4.
In accordance with article L. 121-11 of the Consumer Code, Bien Stocker reserves the right to refuse an order for legitimate reasons of which it will inform the Buyer by email. In particular, such a reason constitutes the lack of all or part of the information necessary for the processing and delivery of the Products ordered, the definitive unavailability of the Products ordered, the refusal of authorization for payment by bank card from officially accredited organizations. , non-payment, an abnormal order or placed in bad faith.
The Buyer must confirm without delay in “My Account” the receipt of each Product ordered. Failing this, the Product will be deemed to have been received within 21 days from the date of debit from its bank account.
This clause is without prejudice to the provisions of articles L. 217-4 et seq. of the Consumer Code relating to the legal guarantee of conformity.
3. Price and payment
The purchase price of the Product is set by the Seller. The sales price is that in effect on the day of the order. It is mentioned in euros including tax on the description sheet, but excluding delivery costs, the latter being added before validation of the order following the scale indicated by the Seller on the description sheet.
The Seller reserves the right to modify its prices at any time, while guaranteeing to the Buyer the application of the price in force on the day of the order.
As a reminder, the fact for the Buyer to validate his order implies his obligation to pay the price indicated. The Buyer guarantees Bien Stocker that he has the necessary authorizations to use the chosen payment method and that he has sufficient funds to cover all resulting costs.
Payment for purchases made via the Site can be made using the payment methods indicated in the “Payment Methods” section with Bien Stocker, which collects the corresponding amount, in the name and on behalf of the Seller.
4. Terms, delivery times and shipping costs – Delivery – Reservations
The delivery terms, times and costs are indicated on the description sheet of each Product.
The Seller undertakes to send the Buyer the Product(s) ordered within 2 working days following the date of order confirmation, unless a longer delivery time is announced in the Product description, the Seller taking in fact the firm commitment to ship the Products within the aforementioned deadline.
The Products are delivered to the address indicated by the Buyer in “my account”, and sent under the conditions he chose when ordering. It is therefore the sole responsibility of the Buyer to ensure that the information he communicates to Bien Stocker for this purpose is and remains correct and that it will allow him to receive the Products he purchases on the Site. . In the event that the information does not allow delivery, the Seller contacts the Buyer and offers to reship the Product at the Buyer's expense or to collect the Product at the Seller's premises if this is possible. Any storage costs remain the responsibility of the Buyer. A delay in delivery, or non-delivery due to lack of precision or error in the information provided by the Buyer cannot give rise to any reimbursement or compensation.
The Products travel at the expense and risk of the Seller. From the moment the Buyer takes physical possession of the Products ordered, the risk of loss or damage to the Products is transferred to him.
Upon receipt of the ordered Product(s), the Buyer is required to check the condition of the packaging and the Products. He must notify the carrier and the Seller by any means of any reservations about the delivered Product (for example: damaged package, already opened, etc.) and possibly refuse the Product and notify the Seller.
5. Right of withdrawal
In accordance with the legal provisions in force, in the context of a purchase made from a professional Seller, the Buyer has a period of 14 days from receipt of the Product(s) ordered to exercise, with said Seller, his right of withdrawal, without having to justify reasons or pay a penalty.
In the event of an order containing several Products placed with the same Seller, this period of 14 days runs from receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in packaging identical to that used during shipping, allowing their remarketing.
Returns must also be accompanied by proof of purchase, a copy of the invoice or delivery note.
The Buyer exercises his right of withdrawal directly from the Seller concerned using:
- of the standard withdrawal form attached in the Annex to be sent to the Seller at the address that he will indicate during their exchanges or indicated on the Site,
- or by any means and in particular by email to the address indicated on the Site expressing the Buyer's desire to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal.
Once the withdrawal form or declaration has been sent to the Seller, the Buyer must return the Product(s) concerned to the Seller within a reasonable time and, at the latest, within 14 days following communication to the Seller of the decision of the Buyer to withdraw.
The Buyer returns the Product(s) to the address indicated by the Seller on the Site or during their exchanges.
Bien Stocker will reimburse the sums paid (including delivery costs) at the latest within 14 days from the date on which the right was exercised with the Seller and Bien Stocker was informed thereof, according to the same means of payment as that used for the order. This reimbursement date may be deferred until recovery of the Product or until the Buyer has simultaneously provided the Seller and Bien Stocker with proof of shipment of the Product, the date retained being that of the first of these facts. .
6. Complaints - Mediation - Online dispute resolution
At any time, the Buyer has the possibility to contact the Seller, to address any request or complaint relating to the Products ordered using the contact information present on the Site, in particular to assert its guarantees when they are in progress.
Disputes are settled directly between the Buyer and the Seller, the Buyer and the Seller undertaking to make their best efforts to reach an amicable resolution.
However, in the event that the Seller has not resolved the dispute between him and the Buyer within 10 working days from receipt of the complaint, Bien Stocker reserves the right, after having previously informed the Seller, to reimburse the Product to the Buyer.
Depending on the case, the declared dispute will result in either the return of the Product ordered or a refund.
The consumer Buyer is informed of his right to use a consumer mediator free of charge.
In accordance with the rules applicable to mediation, any consumer dispute must be transmitted in advance to the Seller according to the procedure referred to in 6.1 before any request for mediation.
After prior contact with the Seller, the Mediator Service may be contacted for any consumer dispute for which amicable settlement has not been achieved at the following address: [insert mediator contact details]
6.3 Online Dispute Resolution Platform:
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals. 'European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
7. Legal guarantees
The Products sold on the Site benefit from full rights, in accordance with legal provisions:
- the legal guarantee of conformity under the conditions of article L. 217-4 et seq. of the Consumer Code;
- of the legal guarantee against hidden defects under the conditions of articles 1641 et seq. of the Civil Code.
Products that are defective (through no fault of the Buyer) or do not correspond to the order will be refunded or exchanged at the Buyer's option.
The Products must be returned to the Seller in the condition in which they were received with all the elements (accessories, instructions, etc.) in packaging allowing transport in good conditions.
In this context, shipping costs will be reimbursed to the Buyer on the basis of the price invoiced and return costs will be covered by the Seller.
The refund will be made by re-crediting the payment method used when ordering.
These guarantees are without prejudice to the right of withdrawal provided for in article 5 above.
Please note that as part of the legal guarantee of conformity, the Buyer:
- benefits from a period of two years from delivery of the goods to act vis-à-vis its Seller;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods for 24 months following delivery of the goods, except for second-hand goods for which this period is set at 6 months.
The Buyer may decide to implement, vis-à-vis his Seller, the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and in this case, he may choose between resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
8. Personal data
In addition to the Site's confidentiality policy, the Buyer is informed that all data collected when placing orders is processed by Bien Stocker for the purposes of processing said orders.
The Buyers' information and data relating to delivery are transmitted by Bien Stocker to the Sellers for the sole purpose of enabling them to ship the Products ordered and to fulfill the legal obligations attached thereto. They cannot under any circumstances be used for other purposes. Any other use, in particular for commercial prospecting purposes, rental, sale, resale or copying on the part of the Seller, is prohibited.
In the event of any difficulty regarding the processing of this data, the Buyer and the Seller may contact Bien Stocker directly, under the conditions set out, as the case may be, in the Site's confidentiality policy.
Sellers undertake to ensure the security of the personal data they keep for the purposes of fulfilling and tracking orders.
9 – Force majeure
In the event of the occurrence of a case of force majeure, the execution of obligations whose fulfillment has become impossible is suspended for as long as this impossibility lasts.
A case of force majeure is considered to be any event beyond the control of Bien Stocker or the Seller, reasonably unforeseeable at the time of the conclusion of the Contract, the effects of which cannot be avoided by appropriate measures and which prevents the performance of their obligations. and in particular that of delivering the Product(s) within the agreed deadlines, in accordance with article 1218 of the Civil Code.
Will also be considered as cases of force majeure, without Bien Stocker or the Seller who is unable to perform its obligations having to establish that the event in question presents the characteristics defined in the preceding paragraph, the events following: war, actions of civil, governmental or military authorities, attack, strike or other social unrest, storm, typhoon, flood, fire, riot, act of prince, transport difficulties, epidemics including Covid 19, interruption of the internet network , computer virus, cyber attack.
Bien Stocker or the Seller must immediately notify the Buyer of the occurrence of such a case by all means, specifying its nature and foreseeable duration.
Bien Stocker or the Seller must immediately notify the Buyer of the cessation of the impediment.
If the impediment is permanent, or if the duration of the event is more than 30 days, this Contract may be terminated by Bien Stocker or the Seller by registered letter with acknowledgment of receipt. Termination will not give rise to any compensation.
10. Applicable law
Appendix 1 – Withdrawal form
Please complete and return this form only if you wish to withdraw from your order placed with the Seller on the Bien Stocker Site.
To the attention of [name of Seller ......................................... ..........- service ...................................... ........... -
Seller's Address .............................................. .........
(E-mail: from the Seller ......................................... .........).
I/We(*) hereby notify you of my/our(*) withdrawal from the contract relating to the sale of the Product below:
Ordered on .................................. / Received on . .................................................. .......................
Name of Buyer(s): ......................................... .................................
Address of the Buyer(s): ......................................... .................................
Signature of the Buyer(s) (only if this form is notified on paper):
Date : ................................................ .........................
(*) Delete the unnecessary