General terms and conditions of sale for consumers

Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale (“the GTCS”) determine the rights and obligations of the parties in connection with the online sale of Products offered by DRAVEZ (“the Company”).
1.2 Any Order placed on the Dravez website implies prior and unconditional acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GCS therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares that he/she has read and accepted them, without limitation or reservation, before placing the Order.
1.3 These GTCs apply to every Order placed by an adult natural person acting as a consumer. The Customer therefore declares that he/she is a natural person over the age of 18 and is acting for purposes that do not fall within his/her commercial, industrial, craft, self-employed or agricultural activity. The Customer acknowledges that he/she is fully able to enter into commitments when placing an Order and undertakes to provide truthful information about his/her identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GTC, i.e. natural or legal persons, public or private, acting for incoming purposes in the context of their commercial, industrial, craft, liberal or agricultural activity, even if they act in the name of or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GCS applicable to each Order are the GCS in force on the date of payment (or of the first payment in the case of multiple payments) of the Order. The Company reserves the right to modify these GCS at any time by publishing a new version on its website. These GCS can be viewed on the Company's website at the following address: https://dravez/pages/cgv and can be downloaded in PDF format.

1.6 In accordance with articles L.616-1 and R.616-1 of the French consumer code, our company has set up a consumer mediation system. The chosen mediation body is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer can submit a complaint on the following website:
http://cnpm-mediation-consommation.eu 
or by post to:
CNPM - BEMIDDELING - CONSUMENTENZAKEN
27, avenue de la Libération - 42400 SAINT-CHAMOND - FRANCE

Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering procedure
To purchase one or more Products on the Site, the Customer selects each Product and adds it to his or her shopping cart. Once the Customer has made his or her selection, he or she must confirm the shopping cart to proceed with the Order (1st click).
At this stage, the Customer is redirected to a page showing:
An overview of the selected Products, the corresponding prices, delivery methods and delivery costs. It is then up to the Customer to check the contents of their shopping cart and make any necessary corrections.
These General Terms and Conditions of Sale. It is the Customer's responsibility to read them carefully before validating the entire Order.
This validation of the Order after checking the shopping cart and reading the GTCS (2nd click) constitutes the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and pay for his Order.
Once the Order has been validated and payment has been made, the Customer will receive a confirmation message from the Company at the e-mail address he/she provided to create his/her account. This message will include, in PDF format
A summary of the Order (Product chosen, price, delivery terms and costs);
The precise identification of EURL DRAVEZ and its activity;
The order number;
The general terms and conditions and the withdrawal form;
These Terms and Conditions in PDF format.
If the Customer does not receive confirmation of the Order, he/she is advised to contact the Company via the contact form on the site.
The Customer will then receive a purchase invoice in electronic form, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which will also be sent in electronic form, as these documents may be presented as proof of the Contract.
2.2 Refusal by the Company to validate an Order
The Company reserves the right to refuse your Order for any legitimate reason, including, for example:
Orders that do not comply with the Terms and Conditions;
Ordered quantities that do not correspond to normal use by a Consumer Customer;
Non-payment of a previous Order or an ongoing dispute regarding a previous Order;
Suspected fraud with the Order (supported by evidence).
 
Article 3 - product specifications and availability
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, if applicable, information about the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the said Specifications are, with certain exceptions such as price information, provided by the Company's suppliers. Consequently, the Company accepts no liability for any errors in the Specifications.
The Specifications are detailed and written in French. The Parties agree that the illustrations, videos or photographs of the Products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices are stated on the Company's websites.
3.2 Availability of products
Product offers are valid within the limits of available stock at our suppliers. This availability of Products is normally indicated on the specific Product page.
However, insofar as the Company does not keep stock (except in the specific case of Products indicated as being available on pre-order on the Product page), placing a Product in the shopping basket does not offer an absolute guarantee of the Product's availability and its price.
If a Product is no longer available after the Customer's Order has been validated, the Company shall immediately inform the Customer by email. The Order shall be automatically canceled and the Company shall refund the price of the Product originally ordered, as well as all amounts paid in relation to the Order.
However, if the Order contains Products other than the Product that is no longer available, these will be delivered to the Customer and the delivery costs will not be refunded.

Article 4 - PRODUCT PRICES
4.1 Reference price stated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or their official representative. Failing this, it is a price determined based on the prices at which the Product is usually sold in a panel of retailers. This price will be updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price applied to the sign is changed.
4.2 Modification of the prices listed on the sites
The prices of the Products are listed on the pages with product descriptions. They do not include tax, customs duties or shipping costs. The Company reserves the right to change the prices of the Products at any time, in accordance with the applicable legislation.
The Products ordered will be invoiced based on the price that applies on the site at the time the Order is confirmed.
4.3 Product prices
For Products shipped outside the European Union at the request of Customers, the prices of Products sold through the websites are indicated in euros excluding taxes (excluding VAT and customs duties), unless otherwise indicated.
They are accurately determined on the product description pages. Unless otherwise indicated, they are also stated in euros excluding VAT (excluding VAT and customs duties) on the Product's order page, and excluding specific shipping costs.
The prices of the Products are exclusive of import VAT, import taxes or customs duties, which must be paid additionally and are fully payable by the Customer, who, as the recipient of the Product, will be reimbursed for such taxes.
The prices of the Product(s) do not include the costs of packaging, transportation, insurance and delivery of the Product(s) to the delivery address.
For Products shipped from within the European Union and delivered to the Customer within the European Union, the Customer purchases a Product including taxes and VAT.
4.4 Payment of taxes
For products that are shipped outside of the European Union at the request of the Customer, the Customer is responsible for declaring and paying import VAT when the Product is cleared through customs. The Customer may be obligated to pay import VAT. Insofar as the Company is not responsible for this tax, the Company cannot be obligated to refund this tax. For all products shipped outside the European Union and/or French overseas departments and territories, the price on the invoice is automatically calculated excluding VAT. In certain cases, customs duties or other local taxes or import duties or state taxes may be due. The Company has no control over these duties and amounts. These are for the account of the Customer and are his responsibility (declarations, payment to the competent authorities, etc.). In this regard, the Company invites the Customer to obtain information on these aspects from the relevant local authorities.
For products shipped from the European Union and if the Customer is supplied within the European Union, he/she is purchasing a product including taxes and VAT.

Article 5 - PAYMENT OF THE PRODUCT PRICE
5.1 Time of payment
Payment of the full price of the Order must be made immediately after the Order is confirmed.
In exceptional circumstances, the Company may agree to payment in several installments, particularly in view of the amount to be paid and its knowledge of the Customer in question. However, the Company is not obliged to allow such payment terms. In the event of a special situation, the Customer may submit a request by contacting the Company's Customer Service at the following address contact.dravez@gmail.com.
5.2 Payment methods
The Customer can choose from several payment methods to pay for the Order:
Payment by credit card:
Only bank cards issued by a bank based in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he/she has the necessary authorization to pay with the bank card used. The Customer explicitly recognizes that the commitment to pay by bank card is irrevocable and that the communication of his/her bank card number constitutes authorization to debit his/her account for the total amount corresponding to the Products ordered. The amount will be debited at the time the Order is validated.
Credit card payments are made via a secure platform and all credit card details are encrypted with SSL.
Payment via PayPal
Payment via PayPal is accepted up to a limit of €1,000.
Please note that when using this payment method, the general terms and conditions of use of PayPal, which are available on their website, are added to these GTC.
Payment with vouchers and/or promotional codes
Vouchers and/or promotional codes issued by the Company can be used to pay for the Order in full or in part. These vouchers and/or promotional codes are only valid once. In the event of an attempt at fraudulent use of the vouchers and/or promotional codes, the Company can cancel the Order in full.
In general, in case of refusal of payment authorization by officially recognized bodies or in case of non-payment of the Order, the Company reserves the right to suspend and/or cancel the Order.
The Company reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer over a previous Order.
The Company reserves the right to introduce an order verification procedure to ensure that no one can use another person's bank details without their knowledge. As part of this verification process, the Customer may be asked to send the Company a copy of an identity document, a proof of address and a copy of the debit card used for payment by email or post. Precise details regarding the exact content of the requested information (in order to protect the confidentiality of the Customer's data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY - RECEIPT 
6.1 Delivery 
Before validating the Order, the Company shall provide the Customer with information about the different delivery methods and their respective prices. Once the Customer has chosen the delivery method, the Company shall provide the Customer with an estimated delivery time. 
The Company will do its utmost to ensure that the Product or Products are delivered no later than the scheduled delivery date. In case of problems, the Company undertakes to contact the Customer immediately to inform him/her of the problem and to find an appropriate solution together with him/her. 
Air transportation, shipping and/or delivery of the Product(s) shall be paid in full by the Customer (“Shipping Costs”). These Shipping Costs are included in the final price invoiced to the Customer when the Order is placed. However, any customs duties are not included in the price invoiced to the Customer by the Company. 
Depending on the method chosen by the Customer, delivery will take place at the address provided by the Customer or, if applicable, at a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to check the information provided for the delivery of the car, and the Customer remains solely responsible in case of non-delivery as a result of incomplete or incorrect information. 
6.2 Customs clearance
For products that are shipped outside of the European Union at the Customer's request, the Customer purchases the product tax-free and becomes the importer of the purchased product in his or her capacity as the recipient of the Product. The Customer is therefore particularly responsible for importing and clearing the product through local customs offices. Depending on the price of the order, the Customer may be asked to pay customs duties (for Products with a customs value of more than €150). The Customer is solely responsible for declaring the customs duties when clearing the Product. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The Company can therefore not be held responsible for the reimbursement of these customs duties. 
For Products shipped from the European Union and delivered to the Customer within the European Union, the Customer purchases a Product including taxes and VAT. 
6.3. Receipt 
Upon receipt of the Product, the Customer undertakes to check whether the Product is complete and undamaged. 
If a discrepancy is found, the Customer must contact the Company's Customer Service Department within three days (not including public holidays) of receipt of the Product. Complaints submitted after this period will not be processed.
Article 7 - WITHDRAWAL 
7.1 Principle and deadline 
The Customer has the right to cancel the Order, without giving any reason, within fourteen (14) calendar days from the date of receipt of the Order. In the case of an Order for multiple Products, the period starts from the date of receipt of the last Product. 
If the right of withdrawal is exercised within the set period, the price of the purchased Product(s) and the delivery costs will be refunded, with the costs of returning the Product(s) being borne by the Customer. 
7.2 Exclusions 
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal may not be exercised for the following contracts: 
The delivery of goods or services whose price is dependent on fluctuations in the financial market over which the seller has no influence and which may occur during the withdrawal period; 
The delivery of goods that are manufactured according to the consumer's specifications or that are clearly intended for a specific person; 
The delivery of goods that can spoil or age quickly; 
the delivery of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection; 
The delivery of goods which, by their nature, have been inextricably mixed with other items after delivery.
The delivery of alcoholic beverages whose delivery is delayed for more than thirty days and whose value, agreed upon when the contract was concluded, is dependent on fluctuations in the market over which the seller has no influence. 
Maintenance or repair work that must be urgently carried out at the consumer's home and at the consumer's express request, within the limits of spare parts and work that is strictly necessary to deal with the emergency; 
The delivery of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; 
the delivery of a newspaper, periodical or magazine, with the exception of subscription agreements for these publications; 
Conclusion at a public auction; 
7.3 Manner of exercising the right of withdrawal 
To exercise their right of withdrawal, customers must inform the Company of their intention to withdraw from the contract by filling in the standard form, a model of which is shown below, or by sending an unambiguous statement within the aforementioned period of 14 days expressing their intention to withdraw from the contract. 
Model withdrawal form:
For the attention of DRAVEZ, (dravez), Customer Service,
The undersigned, ______, hereby notifies you of my withdrawal from the contract for the sale of the Product below: 
Product name: 
Date of order and receipt: 
Order number: 
Sequence number of withdrawal request: 
Customer name: 
Customer address: 
Customer signature: (only in the case of notification of this form on paper) 
Date: 
This form must be sent to the Company at the following address: contact.dravez@gmail.com. 
The Customer has a period of 14 days from the date of sending the notice of withdrawal to return the Product to the Company in its original packaging, with the cost of the return shipment being borne exclusively by the Customer. 
The Products must be returned in their original condition and complete (packaging, accessories, instructions for use, etc.) so that they can be resold by the Company. If the Product is damaged or soiled, the Company will not issue a refund and may even, if it deems it necessary and appropriate, hold the Customer liable for the diminished value of the Product.
In the event that the Product is returned in accordance with the law and these GTC, the Company shall reimburse all amounts paid by the Customer, including delivery costs, within 14 days of notification of the withdrawal, unless the Product is subsequently returned. In that case, the Company will only reimburse the Customer after it has received and checked the condition of the returned Product. 
This refund will be made using the same payment method with which the Customer paid for the Order, unless the Customer expressly agrees to another payment method. In the case of payment by gift voucher/promotional code, the Customer will be reimbursed by means of a new gift voucher/promotional code for the same amount as that paid.
Article 8 - WARRANTIES 
8.1 Legal warranties 
The Company shall remain liable for defects in the conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the French Consumer Code, as well as for hidden defects in the goods sold in accordance with articles 1641 et seq. of the French Civil Code. 
Within the framework of the legal guarantee of conformity (as provided for in articles L.217-4 and following of the French Consumer Code), the Consumer-Customer: 
has a period of 2 years from delivery to take action 
Can choose between repair or replacement of the Product, subject to the cost conditions laid down in Article L.217-9 of the Consumer Code 
Is exempt from proving the existence of the lack of conformity until 24 months after delivery of the good if the Product is new, and until 6 months after delivery if the Product is sold second-hand. 
The Customer may also decide to invoke the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. The Customer may choose between cancellation of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code. 
These legal guarantees apply to any contractual guarantee.
Reproduction of applicable texts: 
L.217-4 Consumer Code 
“The seller delivers goods in accordance 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 these have been made his responsibility under the contract or have been carried out under his responsibility”. 
L.217-5 Consumer Code 
“The goods comply with the contract: 
1° if it is suitable for the use normally expected of similar goods and, where appropriate:
- if it corresponds to the description given by the seller and has the features that the seller presented to the buyer in the form of a sample or model; 
- if it has the characteristics that the buyer may reasonably expect based on the public statements made by the seller, the producer or their representative, particularly in advertising or labeling; 
2° either possesses the characteristics that were established by mutual agreement between the parties or is suitable for any special use desired by the buyer that was communicated to the seller and accepted by him. 
L.217-9 Consumer Code 
“In the event of a lack of conformity, the buyer may choose between repair or replacement of the goods. However, the seller may not act according to the buyer's choice if this choice entails costs that are clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. He is then obliged to apply the method not chosen by the buyer, unless this is impossible. 
L.217-12 Consumer Code 
“Any claim resulting from a lack of conformity must be brought within two years of delivery of the goods. 
1641 of the French Civil Code 
“The seller is liable for all hidden defects in the item sold that render it unfit for the purpose for which it was intended, or that impair said purpose to such an extent that the buyer would not have bought it, or would only have paid a lower price for it, had he/she been aware of said defects. 
Article 1648 of the Civil Code 
The claim as a result of latent defects must be filed by the buyer within two years of the discovery of the defect [...]”. [...] ”
8.2 Manufacturer's warranty 
Certain Products offered for sale on the Site are covered by a contractual warranty provided by the Product's supplier or manufacturer, to which the Company is not a party. 
The existence of this type of warranty, if applicable, is mentioned on the specific page of the Product. 
If the Customer wishes to make use of this warranty, he/she must inform the Company by contacting Customer Service and consult the warranty terms and conditions of application, which are generally included in the box concerning the Product. 
Please note that the Manufacturer's Warranty does not affect the application of the legal provisions relating to the legal guarantee of conformity and the legal guarantee against hidden defects.
Article 9 - PERSONAL DATA PROTECTION
Within the context of the commercial relationship, the Company, which is responsible for processing the data, collects a number of mandatory personal details (including in particular the surname, first name, delivery address, etc. which are marked with an asterisk) that are absolutely necessary for processing the Order, managing the commercial relationship, drawing up statistics and complying with the Company's legal and regulatory obligations. This data will be kept for 5 years after the end of the Contract. 
If the Customer does not provide this information, the Order cannot be processed. 
This data is intended for internal use by the Company, but may be passed on to companies that contribute to the execution of the service, including in particular companies that supply the Products or process payments. 
With regard to this personal data, the Customer has various rights: 
Right of access to his personal data; 
The right to rectification and erasure if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited; 
The right to restrict the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its legal and judicial obligations; 
The right to object to the processing of data (particularly in the case of processing for commercial prospecting) 
The right to formulate post-mortem directives regarding the retention, deletion and communication of your personal data 
The right to withdraw consent for certain processing operations (processing operations carried out prior to the withdrawal of consent remain lawful) 
The right to lodge a complaint with the CNIL. 
To exercise these rights, the Customer may send a request to the Company by: 
a letter to the address contact.dravez@gmail.com. 
The request must include the Customer's e-mail address, surname, first name and postal address and be accompanied by a copy of both sides of his/her identity card. 
A reply will be sent within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS 
Unless specifically stated otherwise on a Product page, the sale of Products on the site does not imply the transfer of intellectual property rights to the Products sold.
Trademarks, domain names, products, software, images, videos, texts and, more generally, all information subject to intellectual property rights are and shall remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights shall take place via these GTC.
Article 11 - FORCE MAJEURE 
The Company cannot be held liable for non-compliance with its obligations below in the case of an accidental event or force majeure that prevents compliance. The Company will inform the customer of the occurrence of such an event as quickly as possible.
Article 12 - EXCLUSION OF LIABILITY 
Notwithstanding any provisions to the contrary in this article, the Company can under no circumstances be held liable for loss or damage due to incorrect use of the Products by the Customer, including in particular any modification or adaptation of the Products that has not been authorized by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT 
The Company reserves the right to suspend or terminate the account of any Customer who violates the provisions of the GTC or generally applicable legal provisions, without prejudice to the damages that the Company may claim. 
A person whose account has been suspended or closed is no longer allowed to place orders or create a new account on the Website without prior authorization from the Company.
Article 14 - ARCHIVING - EVIDENCE 
Unless proven otherwise, the data registered by the Company will serve as proof of all transactions. 
For each Order, the summary of the Order is sent to the Customer by e-mail and archived on the Company's website. 
Communication between the Company and the Customer is recorded in automated registers that are kept for 5 years under reasonable security conditions. These registers, in which exchanges are recorded on a reliable and durable medium, are considered proof of communication, orders, payments and transactions between the Customer and the Company. They can be submitted as proof of the Contract. 
The archiving of communications, orders, order details and invoices shall be recorded on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be used as proof of the contract. 
The Client may access the archived elements by sending a simple request to contact.dravez@gmail.com.
Article 15 - INVALIDITY AND MODIFICATION OF THE GCS
If one of the provisions of these GCS is invalid, it will be considered unwritten, but this will not invalidate all the contractual provisions. 
Any tolerance by the Company in the application of all or part of the commitments made under these GCS, regardless of their frequency and duration, does not constitute an amendment to the GCS and does not confer any right on the Customer.
Article 16 - APPLICABLE LAW AND DISPUTE RESOLUTION 
These Terms and Conditions are governed by French law. 
In case of problems of any kind, Customer Service is at your disposal to reach an amicable settlement. 
If a solution cannot be found directly with Customer Service, the European Commission has set up a dispute resolution platform to collect any complaints from consumers after an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform via this link: http://ec.europa.eu/consumers/odr/.