FIELDS OF APPLICATION
These General Terms and Conditions of Sale apply to any sale of products ("PRODUCTS") by PRISM OFF ROAD to non-professional buyers ("CLIENT(S)") wishing to acquire the PRODUCTS on the website www.prism-offroad.com ("WEBSITE").
The WEBSITE allows the CLIENT to make purchases in accordance with the terms and conditions set forth in these General Terms and Conditions of Sale.
The main characteristics of the PRODUCTS, and in particular the specifications, illustrations and indications of the dimensions or capacity of the PRODUCTS, are presented on the said PRISM OFF ROAD website. The CUSTOMER is obliged to read them before placing an order. The photographs and graphics presented on the WEBSITE are not contractual and PRISM OFF ROAD shall not be held responsible for them. The CLIENT is required to refer to the description of each PRODUCT in order to know its properties and essential features.
PRODUCT offers are subject to available stocks as specified when placing the order.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the WEBSITE and will prevail, if necessary, over any other version or any other contradictory document.
The CUSTOMER declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure as well as the General Terms and Conditions of Use of the WEBSITE.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the CLIENT's purchase is the one in force on the website at the date of placing the order.
Unless proven otherwise, the data recorded in PRISM OFF ROAD's computer system constitute the proof of all transactions concluded with the CLIENT.
The CLIENT acknowledges that he/she has the required capacity to contract and acquire the PRODUCTS offered on the WEBSITE.
It is the CLIENT's responsibility to select the PRODUCTS he/she wishes to order on the INTERNET SITE, according to the following procedures:
The CUSTOMER selects the items he/she wishes to purchase, determines the size and colours of these items and places them in his/her shopping basket. The unit price of each item is indicated. The CUSTOMER can choose the quantity of the same item. Once he has made his selection, the total price including VAT of his order is displayed. He can proceed with the order. They are asked for billing and delivery information. The delivery costs are displayed. The CUSTOMER chooses the method of payment and confirms that he/she has read and accepted the general conditions of sale. They can then finalise their order by clicking on the "confirm order and proceed to payment" button. The CUSTOMER leaves the site to access the secure interface of the chosen payment method. The response from the payment method will validate the order. The order is then processed and prepared by the logistics department.
The PRODUCTS offers are valid as long as they are visible on the WEBSITE, within the limit of available stocks.
The sale will only be considered final after PRISM OFF ROAD has sent the CLIENT confirmation of the acceptance of the order by e-mail and after the CLIENT has collected the full price.
It is the CUSTOMER's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the WEBSITE constitutes the formation of a contract concluded at a distance between the CUSTOMER and PRISM OFF ROAD.
The CUSTOMER will be able to follow the progress of his order on the WEBSITE.
PRISM OFF ROAD does not intend to sell the PRODUCTS on the WEBSITE to professionals, but only to consumers, for their personal needs.
Consequently, PRISM OFF ROAD reserves the right to refuse orders of the same PRODUCT comprising more than 10 identical items.
The PRODUCTS are supplied at the prices in force on the WEBSITE when the order is registered by PRISM OFF ROAD. The prices are expressed in Euros, exclusive of tax and VAT.
These prices are firm and non-revisable during their period of validity, as indicated on the WEBSITE, PRISM OFF ROAD reserving the right, outside of this period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the WEBSITE and calculated prior to placing the order.
The payment requested from the CLIENT corresponds to the total amount of the sale, including these costs.
The price is payable in cash, in full, on the day the order is placed by the CLIENT, by secure payment, according to the following terms and conditions:
- by credit card: CB, Visa, MasterCard/Eurocard
- by Paypal
Payment data is exchanged in encrypted mode using the SFL protocol via Stripe Bank.
Payments will only be considered as final after effective collection of the sums due, by PRISM OFF ROAD
The PRODUCTS are delivered in metropolitan France (excluding Corsica) and in the following countries Austria, Belgium, Czech Republic, Denmark, Germany, Hungary, Italy, Luxembourg, Netherlands, Poland, Portugal, Republic of Ireland, Slovakia, Slovenia, Spain, United Kingdom.
Delivery takes place within 48H to 72H (working days) from the dispatch of the order to the address indicated by the CUSTOMER when placing the order on the WEBSITE.
Except in special cases or when one or more PRODUCTS are unavailable, the PRODUCTS ordered are delivered in a single delivery.
PRISM OFF ROAD undertakes to make its best efforts to deliver the ordered PRODUCTS within the above-mentioned deadlines. However, these deadlines are communicated as an indication. If the PRODUCTS ordered have not been delivered, for any reason other than force majeure or the CLIENT's own fault, within the time period indicated and after formal notice by registered mail with acknowledgement of receipt has remained without effect, the sale may be cancelled at the CLIENT's written request under the conditions provided for in Articles L138-2 and L138-3 of the Consumer Code. The sums paid by the CUSTOMER will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation.
Deliveries are made by an independent carrier, to the address provided by the CLIENT at the time of ordering.
The CLIENT is required to check the condition of the PRODUCTS delivered.
The CLIENT has a period of five days from the date of delivery to express, by registered mail with acknowledgement of receipt, any reservations or claims for non-conformity or apparent defects of the PRODUCTS delivered, with all related supporting documents (notably photos).
After this period and in the absence of compliance with these formalities, the PRODUCTS shall be deemed compliant and free of any apparent defect and no claim may be accepted by PRISM OFF ROAD.
PRISM OFF ROAD shall reimburse or replace, as soon as possible and at its own expense, the PRODUCTS delivered whose compliance defects or apparent defects have been duly proven by the CLIENT, under the conditions provided for in Articles L 211-4 et seq. of the French Consumer Code.
TRANSFER OF OWNERSHIP
The transfer of ownership of the PRODUCTS to the benefit of the CLIENT will only take place after full payment of the price by the CLIENT, regardless of the date of delivery of the PRODUCTS.
RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the CLIENT has a period of fourteen days from the receipt of the PRODUCTS to exercise its right of withdrawal from PRISM OFF ROAD , without having to justify its reasons, for the purpose of exchange or reimbursement, provided that the PRODUCTS are returned within 14 days of the notification to PRISM OFF ROAD of the CLIENT's decision to withdraw.
The right of withdrawal can be exercised online, using the withdrawal form available on the WEBSITE and attached to these General Terms and Conditions of Sale.
The CUSTOMER may notify his decision to withdraw by means of either the said withdrawal form or a clear and unambiguous statement sent by post (to the address PRISM OFF ROAD 31 Allée des Thomasses 74540 ALBY-SUR-CHERAN France) or by e-mail (to the address firstname.lastname@example.org).
An acknowledgement of receipt will be immediately communicated to the CLIENT by PRISM OFF ROAD.
All returned PRODUCTS must be sent to the following address PRISM OFF ROAD 31 Allée des Thomasses 74540 ALBY-SUR-CHERAN France.
The PRODUCTS must be returned in perfect condition, in their original packaging and complete (accessories, instructions, etc.) so that they can be remarketed in new condition and accompanied by the purchase invoice. Damaged, soiled or incomplete PRODUCTS will not be accepted.
If the right of withdrawal is exercised within the aforementioned period, only the price of the PRODUCT(S) purchased and the delivery costs will be refunded to the CLIENT. The CLIENT is responsible for the return shipping costs. More generally, the costs and risks related to the return of the PRODUCT shall be borne by the CLIENT.
The exchange, subject to availability, or the refund will be made within 14 days at the most from the receipt by PRISM OFF ROAD of the CLIENT's decision to withdraw. The refund will be made by the same means of payment as the one used for the transaction.
In accordance with the legal provisions, extracts of which are reproduced below, the PRODUCTS supplied by PRISM OFF ROAD are entitled to:
- the legal guarantee of conformity, for defective, damaged or damaged PRODUCTS or those that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the PRODUCTS delivered and rendering them unfit for use.
Legal guarantee of conformity (excerpt from the Consumer Code )
Article L. 211-4 "The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L 211-5 "To be in conformity with the contract, the goods must :
Be fit for the purpose ordinarily expected of similar goods and, where appropriate :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, in particular in advertising or labelling.
Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
Article. L 211-12 "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
Guarantee for hidden defects (extract from the Civil Code)
Article 1641 "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them".
Article 1648 al 1 "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
In order to assert its rights, the CLIENT must inform PRISM OFF ROAD and send it all related proofs, by registered mail with acknowledgement of receipt, of the non-conformity of the PRODUCTS as soon as the non-conformity is discovered and within a maximum period of two years from the delivery of the PRODUCTS, or of the existence of latent defects as soon as they are discovered and within a maximum period of two years from their discovery.
PRISM OFF ROAD will reimburse, replace or have repaired the PRODUCTS or parts under warranty that are found to be non-conforming or defective.
The shipping costs will be reimbursed on the basis of the invoiced rate and the return shipping costs will be reimbursed upon presentation of supporting documents.
Reimbursements for PRODUCTS found to be non-conforming or defective will be made as soon as possible and no later than sixty days after PRISM OFF ROAD has ascertained the non-conformity or hidden defect.
Reimbursement will be made by crediting the CUSTOMER's bank account, or by bank cheque sent to the CUSTOMER.
SWELSY TECH cannot be held responsible in the following cases:
- non-compliance with the legislation of the country to which the PRODUCTS are delivered, which the CLIENT must check,
- in case of misuse, negligence or lack of maintenance by the CLIENT,
- in case of normal wear and tear of the PRODUCT, accident or force majeure.
PRISM OFF ROAD's warranty is, in any case, limited to the replacement or reimbursement of PRODUCTS that do not conform or are affected by a defect.
In addition to the legal warranties of conformity and latent defects, PRODUCTS purchased on the WEBSITE benefit from a free ten-year contractual warranty as of the date of purchase regarding materials and workmanship. The scope and terms of this contractual warranty are detailed in the Warranty Agreement available on the WEBSITE. The CUSTOMER is responsible for the cost of returning the goods. The exclusions mentioned above also apply to the contractual warranty. This warranty entitles the CLIENT to repair or replace the PRODUCT with an identical or equivalent product, to the exclusion of any refund or compensation.
The content of the WEBSITE is the property of PRISM OFF ROAD and its partners and is protected by the laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute the crime of counterfeiting.
Furthermore, PRISM OFF ROAD is the owner of all intellectual and industrial property rights on the photographs, presentations, studies, drawings, models, brands and in particular the PRISM brand, and others concerning the PRODUCTS.
The CLIENT shall refrain from any reproduction or exploitation of the said photographs, presentations, studies, drawings, models, brands and in particular the PRISM brand, and others without the express, written and prior authorisation of PRISM OFF ROAD.
PROCESSING OF PERSONAL DATA
In accordance with the provisions of the French law n°78-17 of 6 January 1978 relating to data processing, files and liberties, the information collected at the time of the formation of the Contract will only be used for the sole purpose of managing PRISM OFF ROAD and to meet legal and regulatory obligations.
These data may be communicated to any partners of PRISM OFF ROAD in charge of the execution, processing, management and payment of orders.
The processing of information communicated via the WEBSITE has been declared to the CNIL.
The CUSTOMER may obtain communication and, if necessary, rectification or deletion of the information concerning him/her. Requests should be addressed to PRISM OFF ROAD 31 Allée des Thomasses 74540 ALBY-SUR-CHERAN - FRANCE.
In the event that a provision of this Contract is rendered inapplicable by law or by a decision of a public authority, the other provisions shall remain in full force and effect and the Parties shall negotiate in good faith the amendments to be made to the Contract in order to ensure that it has an effect as close as possible to that intended by the Parties when it was signed.
APPLICABLE LAW - SETTLEMENT OF DISPUTES
Sales concluded with PRISM OFF ROAD are subject to French law.
In the event that these General Terms and Conditions of Sale are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
All disputes to which the operations concluded in application of the present General Conditions of Sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved amicably will be submitted to the competent courts under the conditions of common law.
The CUSTOMER is informed that he/she may in any case have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing mediation bodies, or to any alternative method of dispute resolution in the event of a dispute.
PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The CUSTOMER acknowledges having been informed, prior to placing the order, in a clear and comprehensible manner, of these General Terms and Conditions of Sale and of all the information and details referred to in Articles L 111-1 to L 111-7 of the Consumer Code, and in particular :
- the essential characteristics of the PRODUCT,
- the price of the PRODUCTS and related costs (e.g. delivery),
- in the absence of immediate execution of the contract, the date or time by which the PRODUCT is to be delivered,
- information on legal and contractual guarantees and how to apply them,
- the functionality of the digital content and, where appropriate, its interoperability,
- the possibility of resorting to conventional mediation in the event of a dispute,
- information on the right of withdrawal (existence, conditions, time limit, modalities of exercise and standard withdrawal form), on the cost of returning the PRODUCTS, on the modalities of cancellation and other important contractual conditions.