Terms of Sales
These General Conditions of Sale (the "GTC") govern orders for products (the "Products"), made on the site www.ragenfury.com (the "Site"), by consumers aged at least ten - eight (18) years old, acting for exclusively private purposes and not concluding a sale in the context of their commercial or professional activity (the "Client", "You"). The sale to professionals, particularly with a view to the resale of the Products (distributors, wholesalers, resellers, etc.) is governed by specific categorical conditions.
Any order made on the Site automatically implies acceptance of these terms.
1. ORDERING AND AVAILABILITY OF PRODUCTS
The characteristics and the price of the products are presented on the Site. By confirming the order, the order becomes final and a sales contract is thus concluded. We will confirm receipt of your order by email. The delivery of the products is made against payment of the sale price.
PLIJANI SAS reserves the right to cancel any order for legitimate reasons and in particular without this list being exhaustive: when the quantities ordered are abnormally high or unusual for a Customer; in the event of fraud, attempted fraud by the Customer; in the event of a payment incident.
The cancellation of an order by the Customer is possible before sending the package and subject to our agreement, upon request from the Customer to “Customer Service”: firstname.lastname@example.org .
2. PRICE, PAYMENT, DELIVERY
The Products are invoiced at the rate in effect on the date of the order. The prices indicated are the final prices, all taxes included at the legal rate in force.
The prices of the Products displayed on the Site are exclusive of delivery costs. Indeed, depending on the amount of your order or the delivery method you have selected, delivery costs may be charged to you. Delivery costs are indicated before placing the order.
Payment for the order can be made online by credit card (Visa, Carte Bleue, Mastercard, American Express), ApplePay or via Paypal. Depending on each order and the amount of the order, however, we reserve the right not to offer certain payment methods or to offer others. We only accept payments from bank accounts held in the European Union (EU). Any costs related to your payment are your responsibility.
The Products can only be delivered in mainland France, Belgium and Luxembourg exclusively.
The Products remain the property of PLIJANI SAS until full payment of the sale price. The transfer of risk takes place once the item has been physically handed over to you or to the third party you have designated.
Once the delivery has been made, you are obliged to check immediately whether it is complete and whether the goods are damaged. Any complaints must be addressed without delay to the transport company. You must also ensure that the goods delivered correspond to your order. In the event of non-compliance of the goods with the order, you must inform our customer service by e-mail at email@example.com .
In the event of non-compliance of the Product delivered to the Customer, the Customer may return it to PLIJANI SAS. The Customer must first contact Customer Service: firstname.lastname@example.org . The Customer may request from PLIJANI SAS: (i) either the replacement of a product or service identical to that ordered, within the limits of available stocks; (ii) either to be delivered a product or service of equivalent quality and price, within the limits of available stocks; or (iii) either to be reimbursed for the price of the product or service ordered within 30 days of the Customer's request if the replacement of an equivalent product or service proves impossible. The cost of returning the Product ordered and delivered to the Customer, as well as the possible delivery of another Product, will be borne by PLIJANI SAS.
These provisions do not deprive the Customer of the benefit of his right of withdrawal, as framed by article 4 of these GCS.
3. DISCOUNT CODE
We may give you discount codes which you can use to reduce the price of certain Products. Each code is subject to conditions which will be communicated to you when the code is communicated to you. The Customer undertakes to respect the conditions of the said codes. Under no circumstances may several discount codes be combined for the same order.
Any misuse of the discount code in any way may result in the suspension and/or cancellation of the order.
Any error of a technical nature and/or anything beyond our control may result in the suspension and/or cancellation of the order.
4. LEGAL RIGHT OF WITHDRAWAL
The Customer may withdraw from his order without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which the Customer or a third party other than the carrier and designated by the Customer takes physical possession of the package or, if the order has been delivered in several packages, after the day on which the Customer takes physical possession of the last package.
To exercise his right of withdrawal, the Customer must contact customer service at email@example.com . The Customer must provide his order number and provide the e-mail address he used for his order. If the exercise of the right of withdrawal is possible, the Customer may submit his request. The Customer will then receive an email acknowledging receipt of the withdrawal request with the instructions to follow. The Customer may also send the withdrawal form by post using the model withdrawal form attached to this document, or by any other unambiguous statement to the following address: PLIJANI SAS, 9 Allée des Rabasses, 13770 Venelles.
For the withdrawal period to be respected, it is sufficient for the Customer to send his request for withdrawal before the withdrawal period expires.
In the event of withdrawal by the Customer within the aforementioned period, PLIJANI SAS will reimburse all payments received from the Customer in connection with the Order which is the subject of the withdrawal. PLIJANI SAS will proceed with the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means. PLIJANI SAS may defer reimbursement until PLIJANI SAS has received the Product concerned < , the date chosen being that of the first of these events.
Return costs are borne by PLIJANI SAS. The transport of the Products thus returned remains the responsibility of the Customer.
The Customer must return the Product(s) concerned to PLIJANI SAS without undue delay and, in any case, no later than fourteen (14) days after the Customer has communicated his decision to withdraw his order. This deadline is deemed to have been respected if the Customer returns the Product(s) concerned before the expiry of the period of fourteen (14) days.
Each Product must be returned in its original packaging with all its accessories and documentation and in new and undamaged condition.
Note that certain products as referred to in Article L 221-28 of the Consumer Code cannot be subject to a right of withdrawal from the Customer. These include goods made/customized to the Customer's specifications.
Sales made on the Site are subject to the conditions of the legal guarantee of conformity provided for in articles L.217-4 and following of the Consumer Code as well as the legal guarantee against hidden defects set out in articles 1641 and following of the Civil Code. .
You can exercise these guarantees by sending your request to PLIJANI SAS, 9 Allée des Rabasses 13770 Venelles or to the e-mail address firstname.lastname@example.org .
5.1 Legal guarantees
- Legal guarantee of conformity (article L217-4 and following of the Consumer Code)
On the basis of the legal guarantee of conformity, the Customer:
- has a period of two (2) years from delivery of the product to take action against PLIJANI SAS;
- when repair is possible, he can choose between repairing or replacing the product, subject to the cost conditions provided for in article L. 217-9 of the French Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the product during this period.
The legal warranty applies independently of any commercial warranty that may be offered. The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of articles 1641 to 1648 and 2232 of the French Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.
Article L217-4 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 Consumer Code
To be in conformity with the contract, the good must:
- Be fit for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present 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;
Or present 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 the seller and which the latter has accepted.
Article L217-7 Consumer Code
The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L217-9 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 L217-10 Consumer Code
If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is offered to him:
If the solution requested, proposed or agreed pursuant to Article L217-9 cannot be implemented within one month following the buyer's complaint;
Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13 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.
The Member may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
- Warranty against hidden defects (article 1641 and following of the Civil Code)
The Customer residing in France can assert with PLIJANI SAS the application of the guarantee against hidden defects referred to in articles 1641 and following of the French Civil Code (transcribed below) when the purchased Product has a hidden defect which makes it unsuitable for its use or which diminishes this use to such an extent that the Client would not have acquired it, or would only have paid a lower price for it, if he had known about it.
If the Product has a hidden defect, the Customer may choose either to return the Product to PLIJANI SAS and obtain reimbursement of the price and costs incurred by the sale (such as delivery costs), or to keep it and obtain restitution of part of the price, in accordance with article 1644 of the French Civil Code.
To benefit from the guarantee against latent defects, the Customer must notify PLIJANI SAS of the latent defect in writing either by sending his request to PLIJANI SAS 9 allée des Rabasses 13770 Venelles, or via the "Customer Service" of the Site, and provide proof that the Product was affected by the said hidden defect on the day of the sale.
Article 1641 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 1645 Civil Code
If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer.
Article 1646 Civil Code
If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect.
5.2 Disclaimer of Warranties
If the Products returned by the Customer do not correspond to the Products ordered or do not come from the Site, PLIJANI SAS will not be bound by its obligations described in article 5.1 above. It is specified for all practical purposes that the legal warranties do not cover damage or defects resulting from an external cause (accident, shock, etc.) or from a fault on the part of the Customer resulting from improper use or use. and/or unsuitable for the characteristics of the Product. Similarly, this article does not apply if the Products were not purchased on the Site, insofar as in this case the legal guarantees are due by the seller from whom the Products were purchased.
6. PERSONAL DATA
7. INTELLECTUAL PROPERTY
PLIJANI SAS is and remains the holder of all the intellectual property rights on the Products and no provision of these general conditions of sale can be interpreted as resulting in the transfer of any intellectual property right for the benefit of the Customer or a third party. .
8. LIMITATION OF LIABILITY
The provisions appearing in this Limitation of Liability article will apply within the limits of applicable law and any provisions of public order.
PLIJANI SAS' RESPONSIBILITY FOR DAMAGE CAUSED BY THE PRODUCTS IS ONLY ENGAGED FOR:
(A) DAMAGE TO LIFE, BODILY INTEGRITY OR HEALTH CAUSED BY A PRODUCT DEFECT; AND
(B) FOR ALL OTHER TYPES OF DAMAGES, SOLELY IN CASE OF FALSE OR GROSS FAULT.
ANY RESPONSIBILITY FOR MATERIAL AND CONSEQUENTIAL DAMAGES, AS WELL AS FOR COSTS INCURRED, IS EXCLUDED, INCLUDING IN THE EVENT OF SIMPLE NEGLIGENCE. THE RESPONSIBILITY OF PLIJANI SAS SUBSISTS ONLY IN CASE OF VIOLATION OF ESSENTIAL OBLIGATIONS OF THESE GENERAL CONDITIONS OF SALES.
The responsibility of PLIJANI SAS is excluded in case of impossibility for the Customer to place an order due to the unavailability of the Site or, if the entry of an order is interrupted, in the event of the non-availability of the Product when the connection is restored.
PLIJANI SAS is not responsible for the loss of data that may have been stored, in particular during the exchange or repair of the Products.
PLIJANI SAS cannot be held liable for any prejudice whatsoever resulting from a professional activity. Similarly, PLIJANI SAS cannot under any circumstances be held liable for damages resulting from improper use of the Product.
PLIJANI SAS cannot be held responsible for the violation of one of its obligations if the poor performance of the contract results from a case of force majeure, from the fact or omission of the Customer, from the unforeseeable and insurmountable fact of a third party to the contract, or an obstacle beyond the control of PLIJANI SAS, which PLIJANI SAS could not reasonably foresee at the time of signing the contract with the Customer, and the consequences of which cannot reasonably be avoided or overcome by PLIJANI SAS
These conditions do not affect the provisions relating to liability for defective products, as well as any other mandatory legal provision.
In the event that any of the terms of the General Conditions of Sale are considered illegal or unenforceable by a court decision, the other provisions will remain in force.
PLIJANI SAS reserves the right to modify these T&Cs.
10. APPLICABLE LAW AND DISPUTES
The T&Cs as well as any order placed on the Site are subject to French law.
In the event of a dispute concerning the Site, the T&Cs and/or an order, PLIJANI SAS invites the Customer to contact Customer Service at email@example.com in order to present their claim and try to find a solution to the problem. friendly with PLIJANI SAS.
In the absence of an amicable agreement with PLIJANI SAS Customer Service, the Customer may submit the dispute to the consumer mediator.
Notwithstanding the foregoing, if no amicable solution is found (including following the mediation process described above) or if the Customer wishes to bring the claim or dispute directly before a court without following a resolution process at the amicable, the French courts will have territorial jurisdiction to hear any dispute.
- Annex 1 -
CUSTOMER WITHDRAWAL FORM
If you wish to withdraw from your order, you can exercise your right of withdrawal by completing a request by completing and sending to PLIJANI SAS, 9 Allée des Rabasses 13770 Venelles, this withdrawal form or any other unambiguous declaration. If you do not wish to contact us online, you can complete and return this form to the following address: firstname.lastname@example.org
To the attention of: PLIJANI SAS, 9 allée des Rabasses, 13770 Venelles France
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the product(s) below:
Order number :……………………………………………
Ordered on (*)/received on (*):……………………………………………
Your address :……………………………………………
NOUS AUSSI NOUS REPOUSSONS NOS LIMITES