General terms and conditions of sale
I. Scope of application
These general terms and conditions of sale (hereinafter referred to as the "GTC") exclusively govern the contractual relationship between any customer of the MySAV site (hereinafter referred to as a "Customer" or "you") and ELECTRONIQUE OPTIQUE SERVICES, a French limited liability company (SAS) with a share capital of 100,000 euros, whose registered office is located at 115 rue Maurice allais 76210 saint Jean de la Neuville, France, and which is registered in the Le Havre Trade and Companies Register under number 390 221 307; VAT number FR33390221307 (hereinafter referred to as "MySAV" or "we") publishing the website : https://ecommerce. mysav.eu (hereafter the "Site").
These general terms and conditions of sale ("GTC") are the only ones applicable between the Customer and MySAV. They shall replace all other terms and conditions, unless previously expressly waived in writing.
These GTC may be amended at any time by MySAV. It is the Customer's responsibility to consult and formally accept them before placing any order.
The applicable terms and conditions are those appearing on the Site on the date of the order. Any order placed with the Site implies full, unconditional and unreserved acceptance of the GTCs in effect on the date of said order.
By accessing the Site, the Customer agrees to comply with the Terms and Conditions as well as the Conditions of Use of the Site https://ecommerce.mysav.eu.
II. Placing an order
Before validating the order, MySAV invites the Customer to consult the GTC in order to understand the valid means of payment and the terms of delivery. By clicking on the "Confirm my basket" button, the Customer confirms his order and thereby confirms acceptance of the GTC. All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance by the Customer of the operations carried out.
In addition, in accordance with MySAV's desire to combat payment fraud on the Internet and thus protect all customers, any order may be subject to prior validation by MySAV. This validation triggers the dispatch of the order preparation.
MySAV reserves the right not to validate an order for any legitimate reason, in particular in the event that the order does not comply with these GTC, or in the event that a dispute relating to the payment of one of the Customer's previous orders is being processed.
Unless otherwise specified, all photos of items sold by MySAV are deemed to be non-contractual.
III. Prices
The sales prices indicated on the Site are in euros and include all taxes but exclude delivery charges. Product and service offers are valid as long as they are visible on the Site.
The delivery charges applicable to products ordered on the Site are set forth in paragraph VI of these GTC.
MySAV reserves the right to change its prices at any time, but undertakes to apply the prices indicated on the Site at the time of the order.
In the event that an erroneous or obviously derisory price (low price) is displayed, for whatever reason, the order shall be cancelled, and MySAV shall inform the Customer thereof as soon as possible. The Customer shall then be able, if he so wishes, to place his order again at the corrected and correct price.
IV. Availability
MySAV undertakes to honour all orders within the limits of available stocks. If a product is unavailable for more than 15 calendar days, MySAV shall refund the price of the product within a maximum of 14 calendar days following the refund request, provided that the Customer expressly requests this in writing.
V. Payment
Methods of payment
MySAV provides two methods of payment:
1. Payment by credit card: the debit is made at the time of the confirmation of the order. Please note that only credit cards issued by a bank located in France are accepted (CB, Visa, MasterCard).
2. Payment by bank transfer: the Customer has a period of 7 calendar days from the completion of his order to make the payment. After this period, the order will be cancelled.
No other method of payment will be accepted.
The order will be considered effective after confirmation of the agreement of the bank payment centers or after confirmation of the bank transfer.
Security of payments
The online payment is made on the highly secured interface (3D Secure system) of our payment partner (BRED).
VI. Delivery
Places of delivery
The products purchased on the Site are delivered only in Metropolitan France, Corsica and the overseas departments. Products are delivered to the address indicated when the order was placed. MySAV does not deliver to post office boxes or military bases.
Delivery times
Products purchased on the Site are delivered within a theoretical period of 48 to 72 hours from the time the payment is taken into account + preparation of the order + taking charge of the package by the carrier.
Delivery costs
Delivery costs depend on the weight of the parcel, the carrier selected and the destination.
Receipt
Upon receipt of the order, MySAV recommends that the Customer check whether the products delivered comply with the order or are damaged and indicate, if applicable and if possible on the delivery slip and in the form of handwritten reservations accompanied by your signature, any anomaly concerning them.
The customer has a period of 10 calendar days from the delivery to send us his reservations.
In the event of a delay in the delivery of the products ordered, MySAV shall endeavour to inform the Customer thereof. The latter may also notify us of the delay in delivery by contacting our customer service department. MySAV undertakes to take all necessary steps to determine the cause of the delay and to find an appropriate solution for the effective delivery of the products ordered as soon as possible.
VII. Returns
General
The returned product must be sent to
MySAV - Returns Department
115 rue Maurice allais
76210 saint Jean de la Neuville
accompanied by a copy of the initial delivery note and a letter mentioning the customer's full contact details and the reason for the return.
Return within the framework of the right of retractation
In accordance with the provisions of articles L. 121-21 and following of the Consumer Code, the Customer has a period of fourteen calendar days from the date of receipt of the order to exercise his/her right of withdrawal without having to justify his/her reasons or pay any penalties, with the exception of the cost of returning the goods, which remains at his/her expense. The amount of the return shipping costs depends on the carrier chosen by the customer, the weight and the distance; an estimate of the return shipping costs can be made on the website of the post office (https://www.laposte.fr/particulier) by clicking on "calculate a rate".
The refund only of the remaining product subject to :
- the good reception of this one
- the good condition and the good functioning of the article after validation by our technical services (any electronic part having been assembled in order to be used as test and research of breakdown will be the object at least of a discount or a complete refusal of resumption).
The transport of the returned products is the responsibility of the Customer; any damage suffered by the products on this occasion being likely to defeat the exercise of the right of withdrawal of the Customer.
Return following the delivery of a product different from the one ordered
If the Customer finds that the product received does not correspond to the product ordered, he may request an exchange.
To do this, the Customer must return the product received. The transport of the returned products is at the expense of the Customer and under his responsibility. Any damage suffered by the returned product will be of a nature to prevent its free exchange.
If the replacement proves impossible, the Customer will be able to return the product and have the corresponding price refunded.
The responsibility of the buyer can be engaged in case of depreciation of the goods resulting from handling other than those necessary to establish the nature and characteristics of these goods. In particular for "electronic" parts (such as batteries, main board, etc...), the simple fact of putting them into service may be enough to damage them. Any return will therefore be subject to a control that may lead MySAV to refuse the return and therefore the refund of the order.
VIII. Product warranties
The spare parts and accessories offered for sale on MySAV do not benefit from any "manufacturer" warranty. However, this does not prevent the application of the legal guarantee of conformity and the guarantee against hidden defects.
Legal warranties
MySAV shall be liable for any lack of conformity of the product with the contract under the terms of Article L.211-4 et seq. of the French Consumer Code, and for any hidden defects affecting the product sold under the terms of Article 1641 et seq. of the French Civil Code.
When he acts in legal guarantee of conformity, the Customer :
-has a period of two years from the date of delivery of the goods to act;
-may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
-is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months as of March 18, 2016, except for used goods.
In addition, the Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of 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 Article 1644 of the Civil Code.
Article L. 211-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility."
Article L. 211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1. Be fit for the purpose usually expected of similar goods and, where appropriate :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article 1641 of the Civil Code: "The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them."
Article 1648 paragraph 1e of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
Whatever the problem with the product purchased, MySAV recommends that the customer contact our customer service department.
IX. Retention of title
MySAV shall retain ownership of the goods sold (spare parts, accessories, etc.) until full payment of the price, in principal and accessories. If the purchaser is subject to receivership or liquidation, MySAV reserves the right to claim, within the framework of the collective proceedings, the goods sold and not paid for.
X. Dispute and liability
This contract is subject to French law.
MySAV shall not be held liable for the non-performance of any of its obligations under the sales contract if such non-performance is due to an event of force majeure.
Our customer service is at the disposal of the Customer from Monday to Friday from 09h00 to 12h and from 13h to17h00:
- Telephone: 02 32 792 792 (price of a local call)
- E-Mail: contact@mysav.eu
You can also consult the website: http://ec.europa.eu/consumers/odr/
XI. Protection of personal data
MySAV is responsible for processing the customer's personal data.
The information that the Customer communicates to us in the context of his orders is intended for MySAV and is used for the processing and follow-up of his orders, and for the marketing and administrative management of his customer account.
In accordance with the provisions of the French Data Protection Act of January 6, 1978, customers have the right to access, oppose, rectify and delete their personal data held by MySAV at any time, by writing a letter and providing proof of identity to
MySAV - Electronique Optique Service
115 rue Maurice allais
76210 saint Jean de la Neuville
XII. safety alerts and important warnings
Caution: the replacement of certain parts may present physical and/or electrical risks. By ordering on this site and by accepting our general conditions of sale, you recognize to have the required knowledge and necessary to an intervention in full safety.
It is advisable to be particularly careful when replacing a battery. It is also IMPERATIVE to proceed immediately to the deposit of the used battery in a specialized collection point in order to reduce the risks of fire.