Terms of sale
Terms of Use
Article 1. About us
These conditions of sale are applicable to the website merchant energecia.com managed by the company Energeciaau share capital of €2,000 having its registered office at 4, rue du roi de 75004 Paris, and registered in the Paris RCS under number 895409233 (hereinafter, the “Seller”) which markets products after from consumers and buyers (hereinafter, the “Customer”).
By using this site, you acknowledge that you have read and accepted these conditions.
Last GTC amendment date: April 2023.
Article 2. Purpose
These terms of sale are intended to define the contractual relations between Energecia and the Buyer and the conditions applicable to any purchase made through the energecia.com website.
The acquisition of a product through this site implies an acceptance without reservation by the Buyer of the present conditions of sale of which the buyer acknowledges having taken knowledge prior to his order.
Before any transaction, the Buyer declares on the one hand that the purchase of products on the site 895409233 is not directly related to his professional activity and is limited to a strictly personal use and on the other hand have full legal capacity, enabling it to commit itself under these general conditions of sale.
The company Energecia retains the possibility to modify at any time these conditions of sale, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Definitions:
“User” means any legal or natural person who uses this Site.
“Buyer or Buyer” means the Consumer who placed an Order for a Product sold on the Website;
“Order” means any order placed by the User on this Site and entered for this purpose on this Site;
“General Terms and Conditions of Sale” means these General Terms and Conditions of Sale;
“Products” means material things that may be appropriated and are offered for sale on this Site;
“Site” means this Internet site, i.e., energecia.com;
“Company” means Energecia, more fully described in Article 1 hereof.
Article 3. Products
The Products offered are those listed on the Site, within the limits of available stocks. The Company reserves the right to change the product range at any time. Each product is presented on the Website in the form of a description containing its main technical characteristics (capacity, use, composition). The photographs are as faithful as possible but do not bind the Seller. The sale of the products presented in the Site energecia.com is intended for all Buyers residing in countries that fully allow entry into their territory of these products.
The buyer declares that he is fully aware of the provisions of the product and agrees not to incur the responsibility of the seller subject to the application of the mandatory legal provisions.
Article 4. Price and VAT
The prices of the products are those appearing on the site on the day of its consultation by the customer. The prices of the products are indicated in euros and are TTC, excluding delivery costs that remain at the expense of the customer except special mentions or conditions. The countries of the European Community are taxed at the current VAT rate. The other countries are exempt and pay the duties upon entry of the territory. The calculation of taxes is fully automated by the system.
Customs Charges:
Your order will be shipped from our logistics provider in France.
For the member countries of the European Union, no customs charges will therefore be applied.
Outside these countries, it is possible that customs charges are applied by the customs of the country of delivery. Their amount may vary depending on the country in question.
Article 5. Ordering process
The User completes his order by completing the following six steps:
Step 1. Create your customer account, enter your username and associated password, or
Step 2. Add the selected Product(s) to your cart. Access to the cart is possible at any time for modification or validation.
Step 3. Validate your cart after checking its contents
Step 4. Access your account to confirm and complete the necessary contact information for delivery. In the event that the customer does not already have an account on the Site, create their customer account and fill in the required identity information
Step 5. On the order summary page, expressly accept the terms and conditions of sale of the Site.
Step 6. Finally, the customer will be redirected to the secure online payment site to validate the payment. The final acceptance of the customer is therefore materialized by the validation of his bank details (bank card number, expiry date and cryptogram). The placing of orders by the customer implies the full and unreserved adherence of the latter to these general conditions of sale.
Order Confirmation:
When your order is sent, you will receive by return an email confirming your order including the registration of your order, details of the ordered items, personal data including address and delivery method. No order against refund or payment by money order.
Order tracking:
To follow the progress of your order processing go to “My Account” in the online catalogue. Once you have logged in, you can check the status of your orders.
“Untreated”: your order is still being prepared.
“Processed”: your order is ready to be collected by our carriers. You will soon receive an email from the carrier indicating that it has been collected.
Archiving of orders:
The customer’s shopping cart is archived and stored for a subsequent order for a period of 30 days, even if the internet connection is interrupted. The order details are archived in accordance with Article L.134-2 of the French Consumer Code for a period of ten years on a secure server. However, no credit card number is kept. The customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
Article 6. Secure payment
Energecia has set up a secure payment system for all orders made on the e-boutique energecia.com.
The customer can pay his order through different payment methods:
By credit card:
Visa, Master Card, CB. All credit card numbers are 128 bit encrypted by the software when the order is placed. Orders delivered outside Metropolitan France are payable exclusively by credit card. Secure payment.
PayPal:
Your payments are made directly on the PayPal website via encrypted pages using the SSL (Secure Socket Layer) protocol. energecia.com has no access to your bank details.
Article 7. Delivery time and shipping costs
The Customer will be informed by email of the pick-up of the package with the tracking number. Shipping costs are calculated automatically at the end of your order according to the place of delivery.
Delivery FRANCE, MONACO, ANDORRA:
Delivery in relay point (only for France) - €3.90
Mondial Relay in 2 to 3 working days. Free delivery from 50€
Standard delivery - 4,90€
Colissimo in 4 to 6 working days. Free delivery from 50€
BELGIUM delivery:
Standard delivery - 4,90€
Delivery times do not include preparation times, which can cause a few days of discrepancy, of receipt of your order.
In addition, delivery times are the sole responsibility of the carriers and under no circumstances could Energecia be held liable in the event of non-compliance with delivery times.
Article 8. Retention of title
Energecia retains full ownership of the products sold until the perfect collection of the price, in principal, including fees and taxes.
Article 9. Delivery anomaly
Upon delivery of the order, the customer must check the conformity and the status of his order and, if necessary, issue any useful reservations regarding apparent defects (missing product, damaged package).
The goods are transported under the customer’s responsibility. The latter must refuse a package presenting anomalies or a presentation that could suggest a partial or total deterioration of the goods or a theft. In case of return by La Poste following a refusal of reception for deterioration of the parcel, the order is redirected free of charge and in good condition to the customer.
The customer must declare by email or any other written means a possible error or anomaly or defect concerning the items received within 48 hours of receipt of the parcel. You must contact us via our contact form specifying the subject of your complaint with your Internet order number.
In case of return of the parcel, for no claim at the post office or relay point within 15 days; you will be refunded the amount of the price of your order to which we withdraw 10€. The amount refunded represents the initial amount of your order to which we have withdrawn the management fee of your order, that is €10.
Article 10. Withdrawal
Under article L121-20 of the French Consumer Code, the Buyer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the Seller for refund without penalty, with the exception of return costs.
To return a product, you must contact customer service and notify them of the desired return, before sending the package at your expense. Our customer service will tell you the steps to follow.
Article 9. Delivery anomaly
Upon delivery of the order, the customer must check the conformity and the status of his order and, if necessary, issue any useful reservations regarding apparent defects (missing product, damaged package).
The goods are transported under the customer’s responsibility. The latter must refuse a package presenting anomalies or a presentation that could suggest a partial or total deterioration of the goods or a theft. In case of return by La Poste following a refusal of reception for deterioration of the parcel, the order is redirected free of charge and in good condition to the customer.
The customer must declare by email or any other written means a possible error or anomaly or defect concerning the items received within 48 hours of receipt of the parcel. You must contact us via our contact form specifying the subject of your complaint with your Internet order number.
In case of return of the parcel, for no claim at the post office or relay point within 15 days; you will be refunded the amount of the price of your order to which we withdraw 10€. The amount refunded represents the initial amount of your order to which we have withdrawn the management fee of your order, that is €10.
Article 11. Guarantee
In accordance with the legal provisions in force concerning the conformity of the property with the contract, in terms of hidden defects. In case of non-compliance of a product sold, it can be returned to the company Energecia who will take it back, exchange it or refund it within a maximum of two years from the delivery of the property. The company also reimburses the full cost of the return on simple presentation of the supporting documents.
All complaints, returns or refund requests must be made through our contact form.
The buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Refunds of Products deemed to be non-compliant or defective shall be made as soon as possible and no later than fourteen (14) days following the Seller’s finding of the defect or hidden defect. The refund will be made by credit on the Customer’s bank account or on his Paypal account.
The Seller shall not be liable in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to verify, or in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in case of normal wear and tear of the Product, accident or force majeure.
The Seller’s guarantee is, in any event, limited to the replacement or refund of the Products that are non-compliant or affected by a defect.
Replacement of the Products does not extend the term of the warranty.
Products modified, repaired, integrated or added by the buyer are excluded from warranty. Warranty will not apply to apparent defects. The warranty will not cover damaged products during transport or due to misuse.
Method of implementing the guarantee:
When acting as a legal guarantee of compliance, the Buyer:
Has a period of two years from the issue of the property to act;
May choose between repair or replacement of the property, subject to the cost conditions provided for by article L217-9 of the French Consumer Code;
Proof of the non-conformity of the property shall not be required for a period of six months following the issue of the property. This period shall be extended to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the warranty against hidden defects Product in accordance with article 1641 of the Civil Code; in this case, it may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 12. Liability
The company Energecia, in the process of selling remotely, is only bound by an obligation of means. Its liability cannot be incurred for any damage resulting from the use of the Internet network such as data loss, intrusion, virus, service disruption, or other unintended problems.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Energecia joins the Service of the Ombudsman of e-commerce of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After a written request has been received from consumers in respect of Energecia, the Ombudsman’s Service may be consulted in any consumer dispute which has not been settled. For information on how to refer the Ombudsman, click here.
Article 13. Intellectual property
All elements of the Site are and remain the intellectual and exclusive property of Energecia. The user is not authorized to reproduce, use, or use for any reason, even partially, elements of the Site in the form of a photo, logo, visual or text.
Article 14. Personal data
Energecia undertakes to protect the confidentiality of the information provided by the Buyer, which it would have to transmit for the use of certain services. All information concerning him is subject to the provisions of Law no. 78-17 of 6 January 1978 and European Regulation 2016/679. As such, the user has the right to access, modify and delete information about him. He can request it at any time via our contact form. Energecia processes consumer information in accordance with its Privacy Policy.
Article 15. Applicable law
These remote sales conditions are subject to French law.
Appendix
Provisions relating to legal guarantees
Article L. 211-5 of the French Consumer Code: "To comply with the contract, the property must:
1/ Be fit for the usual intended use of a similar good and, if applicable:
-correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or model;
- present the qualities which a purchaser may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2/ Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which he has accepted."
Article L. 217-4 of the French Consumer Code: The seller delivers a good in accordance with the contract and is liable for any non-conformity existing at the time of delivery. He shall also be liable for any defects in conformity resulting from the packaging, installation instructions or installation where the latter has been charged by the contract or has been carried out under his responsibility."
Article L. 217-9 of the French Consumer Code: In case of non-compliance, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost clearly disproportionate to the other method, taking into account the value of the property or the importance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer."
Article L. 217-12 of the Consumer Code: "The action resulting from the failure to comply shall be prescribed by two years from the date of issue of the property."
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, a restoration covered by the guarantee, any capital period of at least seven days shall be added to the remaining term of the guarantee. This period shall run from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is made after the request for intervention.”
Article 1641 of the Civil Code: “The seller is bound by the warranty by reason of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish that use so much, that the buyer would not have acquired it, or would have given only a lesser price, had he known it.”
Article 1643 of the Civil Code: "He is bound by hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee."
Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned, as it will be arbitrated by experts."
Article 1648, paragraph 1, of the Civil Code: "The action resulting from the fatal defects must be brought by the purchaser within two years from the discovery of the defect."