Refund Policy
Refund policy for the website www.proxiretails.com
applicable from {{10/01/2023}}
ARTICLE 1. PARTIES
This refund policy applies between PROXIDIS, SARL with share capital of €1000, registered with the RCS of Pontoise in France on 23/03/2022, under number 850 542 671, registered office: 10 allée Charles Perrault - 95240 Cormeilles en Parisis, telephone: +33 7 77 44 46 71, email: jonash@proxiretails.com.
ARTICLE 2. DEFINITIONS
“ Client ”: any person, natural or legal, private or public law, registered on the Site.
“ Site Content” : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Publisher ": Proxidis, SARL acting in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, private or public law, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
" Site ": website accessible at the URL {{www.proxiretails.com}} , as well as sub-sites, mirror sites, portals and related URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance of these terms and conditions by all Internet users. Simply connecting to the Site, by any means whatsoever, including via a bot or browser, constitutes full and complete acceptance of these terms and conditions. During registration on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully read and accepted them without restriction.
Checking the aforementioned box will be considered equivalent to a handwritten signature by the user. The user acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.
These general terms and conditions apply to the relationship between the parties to the exclusion of all other conditions, including those of the Internet user.
Acceptance of these general terms and conditions implies that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The Site's purpose is the sale of Products to Customers.
ARTICLE 5. ORDERING STEPS
5.1. Order
To place an order, users can select one or more products and add them to their cart. Product availability is indicated on the website, in the description of each item. Once their order is complete, they can access their cart by clicking the designated button.
5.2. Order validation by the Internet user
By viewing their shopping cart, users will be able to verify the number and type of products they have selected, as well as their unit price and total price. They will also have the option to remove one or more products from their cart.
If they are satisfied with their order, users can validate it. They will then access a form where they can either enter their login details if they already have an account, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be asked to check or modify their delivery and billing details, then will be asked to make their payment by being redirected for this purpose to the secure payment interface bearing the mention "order with obligation to pay" or any similar formula.
5.4. Order Confirmation by the Publisher
Once the Publisher has received payment, it will acknowledge receipt to the Client electronically within 24 hours. Within the same timeframe, the Publisher will also send the Client an email summarizing the order and confirming its processing, including all relevant information.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day the order is placed. These prices may be changed at any time by the Publisher. The prices displayed are valid only on the day the order is placed and do not apply to future orders.
The prices shown on the Site are in euros, inclusive of all taxes, excluding delivery charges.
6.2. Payment method
The Customer can make their payment by {{virement bancaire, carte bancaire ou paypal}} .
For payments made by bank card, the Publisher has no access to any data relating to the Client's payment methods. Payment is made directly to the bank.
In the case of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
6.3. Billing
The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any sum not paid by the due date will automatically and without prior notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the principal sums due.
Furthermore, any late payment will result in the defaulting Client being charged a recovery fee of €40, the immediate payment of all outstanding sums regardless of any agreed payment terms, plus a penalty of 20% of the amount due, and the possibility of unilaterally terminating the contract at the Client's expense. This clause is in accordance with the provisions of Article 1152 of the French Civil Code, which allows the judge to reduce the penalty if deemed excessive.
6.5. Retention of Title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CLAIMS - RIGHT OF WITHDRAWAL - WARRANTY
7.1. Customer Service
The Site's customer service is available from {{lundi}} to {{vendredi}} 9:00 AM to {{18 heures}} at the following toll-free number: {{+33 7 77 44 46 71}} , by email at {{jonash@proxiretails.com}} , or by mail to the address indicated in Article 1 of these terms and conditions. In the latter two cases, the Publisher undertakes to provide a response within {{24 heures ouvrés}} .
The Site's customer service can be accessed from the site's contact page: or by email at {{jonash@proxiretails.com}} or by mail to the address indicated in article 1 of these general terms and conditions.
7.2. Right of withdrawal – Distance selling
Article 7.2 applies to the Client who qualifies as a consumer within the meaning of the preliminary article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs.
The period mentioned in the preceding paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not supplied on a tangible medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately, or an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period begins upon receipt of the last good, lot, or part. For contracts providing for the regular delivery of goods over a defined period, the period begins upon receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details provided in Article 1 of these terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer shall return or hand over the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. If necessary, the professional may postpone reimbursement until the Products are received or until the Customer has provided proof of shipment of the Products, whichever occurs first. Beyond this period, the sum due automatically accrues interest at the prevailing legal rate, as specified in Article L. 242-4 of the French Consumer Code.
If applicable, the professional will issue the refund using the same payment method the customer used for the initial transaction, unless the customer expressly agrees to a different payment method and provided that the refund does not incur any costs for the customer. However, the professional is not obligated to reimburse any additional costs if the customer expressly chose a more expensive delivery method than the standard delivery option offered.
The direct costs of returning the Product are the responsibility of the Customer.
The Customer is only liable for any depreciation of the Product resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, time limits and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general terms and conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to the following contracts:
- of supply of services fully performed before the end of the withdrawal period and whose performance began after the Client's express prior agreement and express waiver of their right of withdrawal;
- supply of goods made to the Customer's specifications or clearly personalized;
- supplying goods liable to deteriorate or expire rapidly;
- supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Client's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- supplying a newspaper, periodical or magazine, except for subscription contracts for these publications;
- concluded during a public auction;
- of accommodation services, other than residential accommodation, transport services for goods, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;
- of supplying digital content not supplied on a tangible medium where performance has begun after the Client's express prior consent and express waiver of their right of withdrawal.
Similarly, the right of withdrawal does not apply to contracts fully executed by both parties at the express request of the Client before the latter exercises his right of withdrawal.
When confirming an order for digital content not sold on any physical medium before the withdrawal period expires, the Customer will indicate their waiver of the right of withdrawal by checking the box corresponding to the following statement: "I expressly waive my 14-day right of withdrawal for the delivered Products." The Customer will then receive an email confirming their waiver of the right of withdrawal.
When confirming an order for a service, the Client's waiver of the right of withdrawal will be indicated by checking the box corresponding to the following statement: "I expressly waive my 14-day right of withdrawal for services I would receive before the expiry of this period." The Client will then receive an email confirming their waiver of the right of withdrawal.
The Client who has exercised his right of withdrawal from a service contract whose performance began, at his express request, before the end of the withdrawal period shall pay the professional an amount corresponding to the service provided up to the communication of his decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
7.3. Termination of the contract at the Client's initiative
The consumer may cancel the contract by registered letter with acknowledgment of receipt if the delivery date is exceeded by more than seven days. The customer will then be reimbursed for all sums paid at the time of the order.
This clause does not apply if the delivery delay is due to force majeure. In such a case, the Client agrees not to take legal action against the Publisher and waives the right to terminate the sale as provided for in this article.
7.4. Guarantees
7.4.1. Warranty against apparent defects and flaws
It is the Customer's responsibility to check the condition of the Products upon delivery. This check must include, in particular, the quality, quantity, and references of the Products, as well as their conformity to the order. No claims will be considered after three days from the date of delivery. In any event, any claim concerning delivered packages will only be considered if the Customer, acting in a commercial capacity, has filed a claim with the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.
7.4.2. Warranty against hidden defects and flaws
7.4.2.1. Legal Guarantees
Customers have a legal guarantee of conformity of delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a guarantee of safety (articles 1245 et seq. of the Civil Code).
Customers who qualify as consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. Consumer Code).
7.4.2.2. Conventional Guarantee
In addition to the legal guarantee, the Products benefit from a conventional guarantee of conformity in French territory, for a period of {{ 1}} year from the date of delivery of the Product.
7.4.2.3. Return
In order to implement the guarantee, it is up to the Customer to return the product to the address of the Publisher's headquarters, accompanied by an explanatory letter requesting either repair, exchange, or refund.
In any event, the Customer is asked to follow precisely the Publisher's instructions regarding the return of the Products.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code.
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The consumer has two years from the date of delivery of the goods to take action against the seller. In this respect, they may choose between repair or replacement of the product, subject to the cost conditions stipulated in Article L.217-9 of the French Consumer Code. Finally, the customer is not required to provide proof of the existence of the product's non-conformity during the 24 months following delivery, except for second-hand goods. Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee. When the consumer decides to implement the warranty against hidden defects, they can choose between rescinding the sale or obtaining a reduction in the sale price. |
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable Law
These terms and conditions are governed by French law.
8.2. Amendments to these terms and conditions
These terms and conditions may be modified at any time by the Publisher. The terms and conditions applicable to the Customer are those in effect on the date of their order or their connection to this Site; any new connection to the personal account implies acceptance, where applicable, of the new terms and conditions.
8.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes with a consumer Client that may arise in connection with the execution of these general terms and conditions and for which a solution could not be found amicably between the parties beforehand must be submitted.
In addition, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .
Since January 1, 2016, mediation has been mandatory for everyone. Therefore, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
8.4. Entirety
The invalidity of any clause of this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of this contract.
8.5. Non-waiver
The Publisher's failure to exercise any of the rights granted to it hereunder shall in no case be construed as a waiver of such rights.
8.6. Telephone solicitation
The Customer is informed that he/she has the option to register on the telephone marketing opt-out list at http://www.bloctel.gouv.fr/ .
8.7. Languages of these general terms and conditions
These terms and conditions are offered in French.
8.8. Unfair terms
The stipulations of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.