ARTICLE 1: GENERAL STIPULATIONS
These general conditions of sale are concluded between the company HAMELIN SAS – Simplified joint stock company with capital of €2,800,000 whose head office is located Avenue du Général HARRIS 14000 CAEN RCS of CAEN n° 552 132 961 VAT number FR 26 552132961 – (hereinafter referred to as “UNILUX”) and any person wishing to make a purchase (hereinafter referred to as the “Customer”) via the website https://revision.my-UNILUX.com (hereinafter referred to as the “Site”) "). UNILUX and the Client will hereinafter be referred to together as the “Parties”.
In this respect, it should be remembered that UNILUX is a subsidiary of the HOLDHAM company, owner of the Site , the HOLDHAM company making the Site available to UNILUX to market its products.
These general conditions constitute a distance sales contract, defining the rights and obligations of UNILUX and the Customer in the context of the sale of the products referenced on the Site ( hereinafternamedthe “ Products ”).
THECustomers are exclusively consumers, defined as natural persons acting for purposes which do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity.
Placing an order via the Site implies the Customer 's full and unreserved acceptance of these general conditions, to the exclusion of all other documents such as prospectuses, promotional catalogs, descriptions of the Products issued by UNILUX which only have an indicative value. In this regard, validation of the order confirms full acceptance of these general conditions by the Customer.
These general conditions may be modified at any time and without notice by UNILUX, the modifications then being applicable to all orders subsequent to this modification. UNILUX may be required to occasionally modify certain stipulations of its general conditions of sale, so the Customer is advised that these be systematically reread before each order validation. In any case, the general conditions of sale are those applicable on the day the order is placed by the Customer.
The fact that one of the Parties does not avail itself at a given time of one of the present conditions cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said conditions. The cancellation of any provision of these terms and conditions will not affect the validity of the terms and conditions as a whole.
These general conditions of sale are supplemented by the General Conditions of Use of the HOLDHAM Company Site and by the UNILUX Privacy and Cookies Policy .
These general conditions only concern purchases made by Customers located in Francemetropolitan ( Corsicaincluded ) and delivered exclusively to this territory. UNILUX reserves the right to refuse any order whose delivery address is not located in the aforementioned territory.
For any questions or complaints relating in particular to the Products , their order, the right of withdrawal, the application of the Product warranty or the Site , the Customer can contact UNILUX at the following contact details:
By mail: HAMELIN SAS – Sales administration – Avenue du GénéralHarris – 14054 CAEN CEDEX 4
By telephone: 02.14.40.61.76 .
By email: revision.my-UNILUX @hamelinbrands.com
ARTICLE 2: THE SITE
The entire content of the Site or any advertising documentation (illustrations, texts, wording, brands, images, videos) is the property of UNILUX or is used with the authorization of the holders of the rights in question. Any full or partial reproduction, as well as the creation of hypertext links, are prohibited, unless UNILUX gives its express prior authorization.
ARTICLE 3: PRODUCTS
3.1 PRESENTATION OF PRODUCTS / SCRIBZEE® APPLICATION
The presentation of the Products offered by UNILUX on the Site allows the Customer to know the essential characteristics of the Product he wishes to order.
UNILUX takes the greatest care in putting information online relating to the essential characteristics of the Products, in particular by means of technical descriptions and/or photographs illustrating the Products.
In any event, UNILUX cannot be held liable for any changes or errors concerning the description of the characteristics of the Product purchased, unless the essential characteristics of the Product are affected.
The photographs, illustrations and texts appearing on the Site are not contractual.
All Products , with the exception of writing products such as highlighters, felt-tip pens or pencils, allow, in addition to taking handwritten notes, to scan, save and organize handwritten notes using tools (such as smartphone or tablet) and via the SCRIBZEE® application. In this context, the Customer is informed that to be able to benefit from these functionalities, he must first download the SCRIBZEE® application on his smartphone or tablet via GooglePlay or the AppStore .
3.2 PRODUCT AVAILABILITY
THEProducts are offered for sale within the limits of available stocks, manufacturing possibilities and supply possibilities from UNILUX suppliers.
The availability of the Products is indicated when selecting the Products, subject to possible synchronization errors in the UNILUX computer system. In any case, the availability of the Products will be definitively validated upon confirmation of shipment of the order which will be sent to the Customer by email.
In the event that one of the Products ordered is not available during the preparation of the Customer's order, UNILUX undertakes to contact the Customer as soon as possible in order to indicate how quickly this Product may be available. may be delivered. If this delay is too long, the Customer can choose to cancel his order and the sums paid will then be refunded as soon as possible.
ARTICLE 4: ORDERS
The Client declares that he has the capacity to enter into this contract, that is to say, that he is of legal age and is not under guardianship or curatorship.
THECustomer will place an order in accordance with the instructions given to him on the Site .
The information that the Customer provides to UNILUX when placing an order and/or on their registration form must be complete, accurate and up to date. In any case, the Customer is responsible for the information entered on his registration form and when placing the order. In the event of an error (name, address, etc.), UNILUX cannot be held responsible for any shortcomings or delays caused in the delivery of the Products .
The Customer 's order will only be final upon payment of the corresponding price, hereinafter specified in article 5 hereof. In other words, payment by the Customer firmly and definitively formalizes the distance sales contract concluded with UNILUX.
Once the order has been paid, the Customer can print the page summarizing their order. In any case, the Customer will receive an order confirmation by email, accompanied by the form for possible exercise of the right of withdrawal, at the latest at the time of delivery. The order summary must be kept, it constitutes proof of the Customer 's order and the contract binding the Parties .
UNILUX reserves the right not to accept an order for a legitimate reason such as a problem concerning the understanding of the order received, a foreseeable problem concerning delivery or an abnormality of the quantities ordered with regard to the current needs of a consumer or an abnormality in the prices displayed on the site due to a technical problem. In this case, UNILUX will inform the Customer by email as soon as possible in order to validate or not acceptance of the order.
UNILUX also reserves the right not to satisfy any request from the Client which would be exorbitant or derogatory from common law and/or its general conditions or in the event of a dispute in progress with the Client, particularly in the event of unpaid debts on the part of the Client. Customer concerning previous orders placed via the Site or by any other means, these cases being considered as legitimate reasons. In such cases, UNILUX cannot be held liable under any circumstances.
ARTICLE 5: PRICE AND PAYMENT
The Products are invoiced according to the price in force mentioned on the Site on the day of the sale. Prices are indicated in euros and are inclusive of all taxes, the applicable VAT being that in force at the time of invoicing. The prices indicated do not include any delivery costs for the Products, invoiced additionally and clearly indicated to the Customer before validation of their order.
Transport costs are indicated on the “delivery” tab
These costs are determined based on the transport methods, the amount of the order and the destination.
The total price of the order is in any case indicated at the end of the online order, before its validation and corresponds to the price of the Products including tax to which is added the possible price of transport.
UNILUX reserves the right to modify its sales prices at any time. However, no modification after the order has been taken can be applied by UNILUX. The price applicable to the Products ordered is that appearing on the Site on the day of the order.
Orders are payable in euros, in full and in cash. At no time can the sums paid be considered as deposits or deposits.
Payment is made by credit card via PayPal or Stripe.
As soon as payment is validated, the Customer receives confirmation of their order by email, accompanied by the invoice.
ARTICLE 6: DELIVERY / RECEIPT
Delivery times for Products are given as an indication, unless UNILUX expressly commits in writing to firm dates and times.
In the event of a foreseeable delivery delay, UNILUX will inform the Customer as soon as possible by email and provide an estimate of the additional delivery time.
In any case, unless otherwise indicated, UNILUX undertakes to deliver to the Customer within a maximum period of 10 working days from the conclusion of the contract.
UNILUX cannot be held responsible for any delay or failure to receive due to a case of force majeure or a fault of the Customer such as the absence of the latter at the time of delivery or the non-collection of the Products in the event of delivery to relay point.
In the absence of delivery within the expressly agreed period, or, failing that, at the latest thirty (30) days after the conclusion of the contract, the Customer may give UNILUX formal notice, by registered letter with acknowledgment of receipt, to make delivery. within a reasonable additional period of time. In the absence of execution by UNILUX within this new deadline, the Customer may terminate the contract by registered letter with acknowledgment of receipt. The contract will be considered terminated upon receipt by UNILUX of this letter, unless UNILUX has complied in the meantime.
Deliveries of Products take place only in mainland France (Corsica included).
Delivery can take place, at the Customer's choice:
To the delivery address provided by the Customer when ordering on the Site;
At the relay point selected by the Customer when ordering on the Site among those offered to them. The choice of Relay Point is made after payment of the order.
Delivery to the address provided by the Customer
The Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering.
UNILUX cannot in any case be held responsible in the event of delay and/or non-delivery due to a false or erroneous address or to which delivery proves impossible.
Delivery is deemed to have been made by UNILUX upon handover of the Products ordered in person, in the mailbox or upon collection from the post office.
If the Customer is absent during delivery and/or unable to place the package in the mailbox, a delivery notice or any other document will be left and/or sent to the Customer. It will then be up to the latter to follow the recommendations indicated to have their order delivered or collected.
UNILUX draws the Customer's attention to the fact that if the package is placed in the mailbox and therefore without the latter's signature, the carrier indicates to UNILUX the delivery of the package by computer. Consequently, any challenge to actual delivery in the mailbox may be rejected by UNILUX if the carrier has indicated that it has actually delivered the package.
Delivery to relay point
The Products ordered by the Customer will be delivered to the relay point selected by the Customer, it is up to the latter to collect the Products.
The Customer is informed of the delivery of the Products by email.
The Customer is then informed of the time period during which he can collect his order.
As part of this withdrawal, the Customer must have an identity document.
If the Customer does not collect the Products made available to him at the relay point within the time indicated to him, and after unsuccessful follow-up, the package will be returned to UNILUX or the sending company. In this context, the Customer will be informed by email of the return of the package to UNILUX. In this context, the Customer may cancel his order and will thus be reimbursed or may request a new delivery, it being specified that this new delivery will be invoiced to him.
The Customer is required to personally ensure receipt of the Products ordered and undertakes to sign, where applicable, the delivery note for the Products.
It is the Customer's responsibility to check the condition of the Products and their quantity upon receipt. This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
If the package is left in the mailbox and therefore without the possibility for the Customer to immediately check the condition of the Products and their quantity upon delivery, the Customer will have a period of three days to inform UNILUX of any missing items. or defect.
It is up to the Customer in the event of a dispute, deterioration of the Product during transport, damage , shortage or delay, to make clear and precise reservations on the delivery note. THEThe Customer must confirm these reservations to the carrier, by registered letter with reasoned acknowledgment of receipt within three ( 3 ) days, not including public holidays, following receipt of the Products .
In accordance with article L. 224-65 of the Consumer Code , when the Customer personally takes delivery of the objects transported and when the carrier does not justify having given him the possibility of actually verifying their good condition, the deadline mentioned above is extended to ten ( 10 ) days.
In the event of delivery to a relay point, if the Customer notices when collecting their order that the packaging of the package is damaged ( damaged , torn , alreadyopened , etc. ), he must indicate to the relay point that he is refusing the package and the latter will then be returned to the sending company.
In any event, complaints about apparent defects or non-conformity of the Product must be made to UNILUX under the conditions provided for in article 9 of these general conditions and in particular using photographs so that UNILUX may possibly take action against the carrier.
ARTICLE 7: RIGHT OF WITHDRAWAL
7.1 EXISTENCE, ABSENCE OR LOSS OF THE RIGHT OF WITHDRAWAL
Pursuant to article L. 221-18 of the Consumer Code , the Customer has a withdrawal period of fourteen ( 14 ) clear days from the date of receipt of the Products .ordered ( thedayoftherereceptionof theProductsordersis not _notaccountInTHEdeadline , thislaststartinghasrunTHEnext day ). If this withdrawal period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the withdrawal period runs from receipt of the last good or lot or the last piece.
7.2 TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise his right of withdrawal, when the latter can be exercised, the Customer must, within the period of fourteen ( 14 ) days indicated above, send to UNILUX, the standard form for exercising the right of withdrawal ( inAnnex1of thepresentconditions ) or a declaration, unambiguous, expressing its desire to withdraw, to the address indicated in article 1 of these conditions.
In this context, the Customer must return the Product(s ) at their own expense , within fourteen ( 14 ) days of communication of their decision to withdraw, in their original, unused packaging . and in perfect condition, without any trace or mark, with labels, all accessories and any gifts offered to the following address:
Sales administration – E-commerce service
General Avenue _Harris
14054 CAEN CEDEX 4
Only the costs of returning the Product ( s ) remain the responsibility of the Customer .
The Customer is reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code , liability may be incurred in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and the proper functioning of the Products . Consequently , in the event that upon receipt UNILUX would note the use of the Products ( sheetstorn offAtmediumof thenotebooks , openingofplasticForTHEsheetsofrevisionmarkersused , etc.) the product concerned cannot be subject to any reimbursement, the latter cannot in any way be resold subsequently.
7.3 CUSTOMER REFUND IN CASE OF WITHDRAWAL
In the event of withdrawal by the Customer under the conditions set out above, UNILUX undertakes to reimburse the Customer for all sums paid, including delivery costs, within fourteen ( 14 ) days from the date on which it is informed of the Customer 's decision to withdraw. However , UNILUX is entitled to defer this reimbursement until effective recovery of the Products or until the Customer has provided proof of their shipment, the date chosen being that of the first of these events.
UNILUX makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees that UNILUX uses another means of payment and to the extent that the reimbursement does not cause him any inconvenience. costs.
In any case, UNILUX is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by UNILUX.
If the right of withdrawal is exercised for part of the order, no reimbursement of the initial delivery costs will be due in the event of fixed delivery costs. Conversely, if the delivery costs depend on the number of Products ordered, the reimbursement of the delivery costs will be made in proportion to the Products ordered which are the subject of the withdrawal.
ARTICLE 8: CUSTOMER OBLIGATIONS
THECustomer undertakes to communicate to UNILUX all the elements necessary for the proper execution of orders. In this regard, the Customer remains responsible for the content and accuracy of the information he transmits to UNILUX.
The choice and use of the Products are made under the sole responsibility of the Customer.
The Customer is required to ensure that the Products are maintained in good condition , to respect the conservation instructions and to use them in accordance with their intended purpose, in particular respecting the recommendations given by UNILUX (SCRIBZEE® insert in the notebooks for example).
As set out in article 3.1 of these conditions, to be able to benefit from all the functionalities of the Products , the Customer must download the SCRIBZEE® application free of charge on their smartphone or tablet via GooglePlay or the AppStore .
ARTICLE 9: LEGAL GUARANTEES / COMPLAINTS / RETURNS
9.1 LEGAL GUARANTEES
UNILUX is liable for defects in conformity of the goods with the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code .
As such, the Customer may make a request under the legal guarantee of conformity or the guarantee of defects in the item sold by sending his complaint to UNILUX at the address indicated in article 1 of these general conditions .
When acting under the legal guarantee of conformity, the Customer :
- benefits from a period of two ( 2 ) years from the delivery of the property to act;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement 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 canceling the sale or reducing the sale price in accordance with in article 1644 of the Civil Code.
9.2 COMPLAINTS AND RETURNS
Except in the case where the complaint is made within the framework of the legal guarantee of conformity, it is up to the Customer to provide any justification as to the reality of the defects or anomalies noted.
In any event, in the event of a complaint, the Customer must allow UNILUX every opportunity to identify these defects or anomalies.
Subject to the possible exercise of the right of withdrawal, any return of Product must be subject to the express agreement of UNILUX.
The Products must be returned in perfect condition with any accessories provided by UNILUX.
The return will give rise, depending on the case, to a replacement of the Products or a refund to the Customer, after qualitative and quantitative verification of the returned Products. The costs and risks of shipping and return will be borne by the Customer if non-compliance is not proven.
ARTICLE 10: RESPONSIBILITY
UNILUX cannot be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the Customer, in particular when entering their order.
UNILUX cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by law or jurisprudence.
UNILUX declines all liability due in particular to the choice of Products by the Customer, damage resulting from modifications which may have been made to the Products by the Customer or damage resulting from a failure by the Customer to follow recommendations for conservation or use of the Products. Products.
UNILUX cannot be held responsible for damage, temporary or permanent, caused to the Customer's computer system, nor for any losses or damage which may be suffered in particular following access to or navigation on the Site. The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, UNILUX cannot be held responsible for the availability and interruption of the online service.
ARTICLE 11: PERSONAL DATA
UNILUX collects and processes Customers' personal data in accordance with the regulations in force applicable to personal data and the Confidentiality Policy that it has developed.
ThereUNILUX Confidentiality Policy supplements these general conditions of sale, of which it forms an integral part . As such, UNILUX invites Customers to consult it by clicking HERE.
ARTICLE 12: OPPOSITION TO TELEPHONE CALLING
THECustomer is informed by UNILUX that he can register on a list opposing telephone canvassing ( listBloctel ). It is nevertheless specified that this registration does not prohibit UNILUX from contacting the Customer by telephone for the strict needs of the execution of this contract.
ARTICLE 13: APPLICABLE LAW
These conditions and their consequences are subject to French law. The language hereof and of relations between the Parties is French.