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GENERAL CONDITIONS OF SALE PROSPER

1. Introduction

1.1 These general Terms & Conditions of sale (the "T&C") define the conditions applicable to the sale of PROSPER brand products (the "Products") ordered by consumers on the online site www.poubelle-prosper.fr (the "Online Shop")

1.2 The seller of the Products (the "Company") is Société Nouvelle Rossignol, representative of the PROSPER brand, SAS with a capital of 500,000 euros, whose unique identification number is 397963844 RCS Laval, whose registered office is Route de Saint Cénéré - 53150 Montsûrs - 02.43.01.55.68 - contact@poubelle-prosper.fr.

1.3 The online sale of Products on the Site is exclusively reserved for consumers (within the meaning of the Consumer Code in force on the day the order is validated by the Customer, i.e., on the day these Terms and Conditions of Sale are drawn up, "any natural person acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity"), acting exclusively on their own behalf and domiciled in metropolitan France, including Monaco (hereinafter "the Customer").

1.4 You declare that you have read and accepted these T&C before placing an order. The validation of your order is therefore equivalent to acceptance of the T&C.

1.5 The Company reserves the right to amend the T&C at any time by publishing a new version on the Online Shop. In the event of a change to the T&C, the T&C applicable shall be those in force on the date of validation of the order.

1.6 The photos published on the Online Shop are not contractual. The Company invites you to refer to the description of each Product to find out its precise characteristics and properties.

2. Order

2.1 The Customer declares on his honour that he has the capacity to contract in accordance with the law and in particular articles 488 and 1124 of the Civil Code, that he is not a minor and that he is not subject to a protective measure, in particular guardianship.

2.2 In the case of a first order, the Client must open a "client account" and fill in a form specifying certain mandatory fields so that his order can be taken into account by the Société Nouvelle Rossignol, representative of the PROSPER brand. Thereafter and for all new orders, the customer will identify himself using his e-mail address (identifier) and password (which he will be responsible for keeping confidential) by clicking on the link "my account".

The information communicated by the Customer when opening his customer account or at the time of each of his orders must be complete, accurate and up to date. Failing this, Société Nouvelle Rossignol, representative of the PROSPER brand, will not be able to execute the orders. If the Client does not wish to communicate such information, Société Nouvelle Rossignol, representative of the PROSPER brand, will not be able to respond favourably to the order.

The Client must indicate the telephone number and e-mail address where he can be easily reached.

2.3 The order of Products follows the following process:

  1. After selecting the Products, follow the order validation process during which you will be guided by a series of instructions. The contractual information will be the subject of a confirmation which will be sent to you at the latest at the time of the validation of your order.
  2. You will receive an email confirmation of your order including the T&Cs in PDF format.

 

2.4 The Company reserves the right to refuse an order for legitimate reasons.

2.5 Our Product offers are subject to availability. In the event of unavailability of a Product ordered, you will be informed by email. The cancellation of the order for this Product and its reimbursement will then be made, the rest of the order remaining valid.

3. Delivery

3.1 The Products ordered are delivered in metropolitan France (excluding Corse), including Monaco, to the address indicated at the time of your order.

3.2 The delivery time corresponds to the shipping time indicated on the chosen Products sheet, to which is added the processing and routing time.

When you order several Products at the same time and these have different delivery times, the delivery time of the order is based on the most distant delivery time.

3.3 In the event of a delay in delivery, you have the option of cancelling the order by registered letter with acknowledgement of receipt after having unsuccessfully instructed the Company to fulfil its delivery obligation within a reasonable additional period of time, in accordance with the same procedures. In this case, after your cancellation, the Company will refund the sums paid at the latest within fourteen days of the date on which the order was cancelled.

3.4 Upon receipt of the Products, it is your responsibility to inspect them in order to check whether they have been damaged during transport or whether they present an apparent defect. Any reservations and claims must be sent to the carrier with a copy to the Company by registered letter with acknowledgement of receipt within three working days, excluding public holidays, following the date of delivery of the Products.

4. Price and payment

4.1 The price of the Products is displayed on the Online Shop and is indicated in euros, including all taxes but excluding delivery costs.

4.2 The total amount due is indicated on the order summary. In addition, once the order has been placed, the prices and costs are confirmed in the order summary sent to you.

4.3 The Company reserves the right to modify its prices at any time, while guaranteeing the application of the price in force on the date of validation of the order.

4.4 Payment for orders is made online by credit card. Your credit card is debited at the time of order validation.

4.5 In the context of occasional marketing actions on the Website, promotional codes are offered to the Customer, codes that must be applied by the Customer when ordering. Unless otherwise indicated, these offers are only available as long as they are visible on the Website and within the limit of their validity date.

5. Right of withdrawal

5.1 You have a right of withdrawal which can be exercised without giving reasons within fourteen days of receipt of the Product. In the case of an order relating to several Products delivered separately, the period runs from receipt of the last Product.

5.2 In the event of exercising the right of withdrawal, only the price of the Products purchased and the delivery costs will be refunded, the return costs remaining at your expense. Reimbursement shall be made no later than fourteen days from the day the Company recovers the Products or until you have provided proof of the dispatch of the Products, whichever is the earlier. The Company will make the refund using the same means of payment that you used for the initial transaction.

5.3 After communication of your decision to exercise your right of withdrawal within this period of fourteen days, you have a further period of fourteen days to return the Products concerned.

5.4 The Products must be returned in their original condition and complete (including packaging, instructions, etc.). In the event of depreciation of the Products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning, i.e. handling similar to that which may be carried out during a purchase in a shop, you may be held liable.

5.5 To exercise your right of withdrawal, you will find in Annex 1 the standard withdrawal form to be sent to the Company at the following address: Société Nouvelle Rossignol, representative of the PROSPER brand - Route de Saint Cénéré - 53150 Montsûrs and/or by e-mail to: contact@poubelle-prosper.fr. You may also send the Company any other unambiguous statement expressing your wish to withdraw to the above-mentioned address.

5.6 The Company informs you that the right of withdrawal is excluded for goods made according to your specifications or personalised.

6. Warranty

6.1 It is reminded that within the framework of the legal guarantee of conformity:

  • You have a period of two years from the date of delivery of the Products to take action against the Company.
  • You may choose between repairing or replacing the Products, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.
  • You are exempt from providing proof of the existence of the lack of conformity of the Products during this period.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Products.

You 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, you can choose between cancelling the sale or reducing the price in accordance with article 1644 of the civil code.

If the repair and replacement of the Products is impossible, you may return the Products and be refunded the price or keep the Products and be refunded part of the price. This option is also open to you if the repair or replacement solution cannot be implemented within one month of your complaint or if this solution cannot be implemented without major inconvenience to you given the nature of the Products and the use you are seeking.

 

6.2 Unless otherwise stated, the Products also benefit from a free commercial guarantee. In this respect, the Company remains bound by the legal guarantee of conformity mentioned in Articles L.217-4 to L.217-12 of the French Consumer Code and that relating to defects in the goods sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code.

The Company thus guarantees that the Product is free of manufacturing defects for two years from the date of purchase. The Company undertakes to repair or replace free of charge any Product covered by this warranty subject to the exclusions set out below.

This warranty does not apply to defects presented by the Product and arising from it:

  1. Abnormal use or use that does not comply with the instructions for use of the Product.
  2. Accidents, abuse, misuse, negligence, modification, alteration, intentional damage attributable to the owner of the Product.
  3. A lack of maintenance.
  4. Repairs or interventions carried out by any person other than the Company.
Should it be necessary to carry out a repair under warranty, the use of the Product must cease immediately and the Product must be returned to the Company in full and without delay.

The Product is accepted for warranty repairs only if accompanied by a valid proof of purchase provided by the Company. Such proof must include the invoice provided with the purchase of the Product.

The provisions of Articles L.217-4, L.217-5, L.217-12 and L.217-16 of the French Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full in Appendix 2.

 

7. Processing of personal data

The Company may collect personal data. This data is necessary to enable it to supply the Products you order and to properly manage the commercial relationship. The recipients of this data are the Company and, where applicable, the service providers involved in the supply of the Products (IT, storage, delivery, etc.).

The persons concerned have a right of access, rectification, deletion, opposition, portability, transmission in the event of death with regard to the data concerning them, a right not to be subject to an automated individual decision (including profiling) as well as a right to limit processing, which can be exercised by email at contact@poubelle-prosper.fr or by post at Société Nouvelle Rossignol, PROSPER Customer Service, Route de Saint Céneré, 53150 Montsûrs, France. All requests must be clear, precise and justified and accompanied by a copy of an identity document and made in accordance with the applicable legal framework.

The data is retained for a period of three years after the end of the commercial relationship in addition to the obligations to retain certain data imposed by law. Complaints department at the CNIL: www.cnil.fr/fr/plaintes

8. Applicable law

8.1 The T&Cs are subject to French law.

For any complaint, you can contact the Company's customer service department at the following contact details:

  • By mail : contact@poubelle-prosper.fr
  • By post : Société Nouvelle Rossignol - Service client PROSPER - Route de Saint Cénéré - 53150 Montsûrs
In the event of failure to reach an amicable settlement with the Company's customer service department, you may have recourse to the Company's consumer mediator. The contact details of the Company's consumer mediator are as follows:

MEDICYS
  • by e-mail at the following website: www. medicys.fr
  • by post to the following address:
    MEDICYS - consumer mediation platform, 73 boulevard de Clichy, 75009 Paris
In the event that no amicable solution has been found, any dispute relating to the contract will fall within the jurisdiction of the Commercial Court of LAVAL - 12 Allée de la Chartrie, 53004 Laval.

 

8.2 In accordance with Article 14 of Regulation (EU) n°524/2013, you may access the Online Dispute Resolution Platform set up by the European Commission at the following address : https://webgate.ec.europa.eu/odr/.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Appendix 2 - Commercial Guarantee

Article L.217-4 of the Consumer Code :

The seller delivers a product that conforms to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
 

Article L.217-5 of the Consumer Code :

The goods comply with the contract:

1° If it is fit for the use usually expected of a similar product and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
 

Article L.217-12 of the Consumer Code:

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
 

Article L.217-16 of the Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable part, for a repair covered by the guarantee, any period during which the item is unusable for least seven days shall be added to the remaining duration of the guarantee.
This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
 

Article 1641 of the Civil Code:

The seller is bound by the guarantee on account of the hidden defects of the item 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 only have paid a lower price for it, if he had known about them.
 

Article 1648 of the Civil Code:

The action resulting from redhibitory defects must be brought to the attention of the seller by the purchaser within two years from the discovery of the defect.