General conditions of sale

These terms and conditions are concluded between the company TETTELIOT, a company with a simplified share capital of 49,933.00 euros, registered in the register of commerce and the companies of NANTES under the number 887 750 578, whose registered office is located 357 route de Sainte-Luce – ZA Le Petit Chatelier – Bâtiment 407 – 44300 Nantes, represented by Mr EVRARD, acting as President (hereinafter referred to as "the President"). « TETLIOT ») and the Customer as defined below. Hereafter set out « Parties ».

In accordance with the rules in force, ETTELIOT reserves the right to derogate from certain clauses of these General Conditions of Sale (hereinafter defined as « GTC »), depending on the negotiations conducted with the Customer, by establishing special conditions. The Customer acknowledges that he has been notified of these Terms and Conditions in order to contract with TETTELIOT, prior to any order (online or in physics). If necessary, and in particular when Product is broken, an order form may be issued by TETTELIOT.

ARTICLE 1 – DEFINITIONS

Whenever they are used (in singular as in plural) in the body of this Agreement, the following terms shall be used:

Order form: means the offer formulated by TETTELIOT, detailing the Products ordered by the Customer, the terms and conditions of performance and the commercial and financial conditions under which TETTELIOT undertakes to supply them.

Client: necessarily refers to a natural consumer with legal capacity, contractually engaged with TETTELIOT through the formalization of its Product order.

Contract: means these Terms and Conditions and, if applicable, the specific terms and conditions issued by TETTELIOT and accepted by the Customer. Any other document exchanged between Parties is not enforceable against them. These documents are classified in the following hierarchical order: CGV and CP.

Product: means all Products offered for sale by TETTELIOT. The Products are presented on the Site.

Site: means the website accessible to the address www.etteliot.com

ARTICLE 2 – PURPOSE

These Terms and Conditions govern, without restriction or reservation, all contractual relations between TETTELIOT and the Customer as part of the order, delivery, repair and warranty of the Products.

Thus, these GTCs detail the rights and obligations of each Party.

ARTICLE 3 – PRE-CONTRACTUAL INFORMATION TO CUSTOMER

The Customer acknowledges that he has communicated, prior to any order, in a readable and understandable manner, these Terms and Conditions and all legal information, including information concerning:

the essential characteristics of the Product,

the price of the Product and associated costs, if any,

the date or time limit at which ETTELIOT undertakes to deliver the Product,

the information concerning the identity of ETTELIOT and in particular its postal, telephone and electronic contact details,

the terms and conditions of payment and delivery of the Products, as well as the terms and conditions laid down by TETTELIOT for the processing of claims,

information on legal and contractual guarantees and their implementation,

the possibility of resorting to conventional mediation in the event of a dispute under the conditions laid down in the Consumer Code.

ARTICLE 4 – ORDER – DELIVERY AND RECEPTION

4.1. Command

The order can be made online via the Site or in physical sales at trade shows in particular.

ETTELIOT undertakes to implement the best means to meet orders, but can only physically fulfil this obligation within the limits of available stocks. In the event of a stock shortage, TETTELIOT undertakes to inform the Customer, as soon as possible, that the delivery of the order can only be met with delay.

In the event of a stock shortage at the time of the order, TETTELIOT issues a Order Form to the Customer.

4.2. Delivery

PETETLIOT is responsible for the proper execution of the order. In this sense, the transfer of the risk of loss and deterioration will take place in the delivery of the Products to the Customer.

PETETLIOT retains ownership of the Products sold until the full payment of the price in principal and accessories.

The shipping deadlines (departure ETTELIOT) only start from the date of the complete payment of the order. They are expressed in working days and are, in principle, specified when ordering. Generally speaking, shipping within the indicated time limits can only intervene if the Customer has fulfilled all of its contractual obligations to TETTELIOT.

In accordance with the provisions of the Consumer Code, the time limit for carrying out the Products is in principle specified when ordering. Where it is not specified, the period of execution of the order shall be 30 days from the date of complete conclusion of the contract of sale.

In case of non-compliance with the deadline, the Customer will be able to order ETTELIOT to execute within a new period. The notice of formal notice should be sent by registered letter with notice of receipt to the following address: ETTELIOT – 357 route de Sainte-Luce – ZA Le Petit Chatelier – Bâtiment 407 – 44300 Nantes. Failure to perform within this new period may result in the termination of the contract by sending a written document in the same manner. In the event of the termination of the sale contract under the above conditions, TETTELIOT undertakes to reimburse to the Customer all the sums paid, within 14 days of the termination of the sale contract.

4.3 – Reception

In case of home delivery, the Customer undertakes to be present to accommodate the delivery person.

In the event that delivery is not possible due to a Customer's failure (absence, telephone number or incorrect address, etc.), the price paid remains purchased from TETTELIOT.

On the other hand, in the event that delivery is not possible due to a default in the order, the Customer may choose a new delivery and/or withdrawal date or cancellation of the order. In the latter case, ETTELIOT undertakes to reimburse the Customer for all sums paid, not later than 14 days after the date on which the Customer opted to cancel the order.

If necessary, by signing the delivery note without particular mention, the Customer acknowledges that the Products delivered are in accordance with his order and in perfect condition of presentation.

As such, PETETLIOT alerts the Customer about the need, before signing the delivery note, to:

check the apparent condition of the package(s);

Control the condition of the Products within the package(s);

verify the conformity of the Products with the delivery note and the Products ordered.

If the deliverer does not allow the Customer time to control the condition of the Product, the Customer must make it appear on the delivery note by issuing a reservation in this direction.

Any anomalies concerning delivery (garrie, product missing from the delivery note, damaged parcels, broken products...) must be specified on the delivery note in handwritten form, accompanied by the Customer's signature.

The Customer must make his reservations as precisely as possible: « damaged cardboard on left side », « trace of blow », « Open product », etc. In addition, the quantity of defective products should be indicated.

Finally, the reference « subject to unpacking / good condition of the Product » cannot be recognised in the event of a dispute.

In order for these reservations to be taken into account, the Customer will have to confirm this anomaly by sending La Poste within three (3) working days of the date of delivery, a registered mail with acknowledgement of receipt setting out the claims. He will have to send a copy of this mail to TETTELIOT by mail or email.

The absence of reservations does not deprive the Customer of its right of withdrawal provided that the Customer can benefit from it (Article 6).

ARTICLE 5 – FINANCIAL CONDITIONS

Prices are shown in euros excluding tax and all taxes included. In case of a change in the amount of the French VAT rate, the adjustment of the VAT prices will be immediate and without prior information.

ETTELIOT may change the prices of its Products at any time. However, the amendments will not apply to orders once the sales contract has been properly formed.

Orders for Products on the Site are necessarily paid by PayPal while orders made in physical sales can be paid by cheque, transfer or cash.

Apart from the case where ETTELIOT is obliged to issue a Order Form, the Product is fully paid by the Customer at the time of the order. In the event of the issue of a Purchase Order, the financial conditions are indicated in the Purchase Order.

Any payment made prior to delivery shall not be considered as a deposit or as a deposit.

In addition, the Customer is solely responsible for verifying the import possibilities of the Products ordered under the law of the territory of the country of delivery and the formalities relating thereto.

Regardless of the method of payment and the method of delivery, payment of the entire price of the order of the Product must be made by the Customer at the time of the order.

ARTICLE 6 – FACULT OF RETRACTATION

The Customer, as a consumer, can benefit from the right of withdrawal in the case of an on-line or off-premises sale. Noting that sales made at fairs or fairs are not legally classified as non-establishment sales; the Customer then does not benefit from a possibility of withdrawal.

In the event that the Customer is entitled to the right of withdrawal, the latter shall have 14 calendar days from the date of receipt of the Product by himself or by a third party designated by him or from the date of receipt of the last Product if the command contained more than one Products not delivered simultaneously, to exercise its right of withdrawal, in accordance with the provisions of the Consumer Code.

The Product must be returned within a maximum of 14 days from the exercise of the right of withdrawal by the Customer. The Product must be returned to the address transmitted to the Customer by TETTELIOT in the e-mail of acknowledgement of receipt of the request for withdrawal.

Only products returned as a whole (including accessories) and in perfect condition of resale will be taken back.

The Product must be returned with its original packaging when it is essential for the return for sale. Any Product that has been damaged, opened, used in whole or in part, which is no longer suitable for new marketing will not be refunded.

To exercise its right of withdrawal for the order of Products, the Customer may choose:

fill and send by email (service@etteliot.com) or by La Poste à PETETLIOT the model withdrawal form presented at the end of these Terms and Conditions ;
address an email to PETETLIOT (service@etteliot.com) without any ambiguity as to the will to retract ;

In the case of Products, this right of withdrawal shall be exercised without penalty, with the exception of the costs of return which are borne exclusively by the Customer. The Products can be returned by La Poste.

In the event that the conditions for the exercise of the right of withdrawal are fulfilled, TETTELIOT undertakes to make the refund, by the same means of payment used for the initial transaction, unless otherwise specified by the Customer. The refund is scheduled upon receipt of the Products by TETTELIOT in perfect condition of resale as specified above. Reimbursement may, however, be anticipated upon presentation of proof of shipment of the Products.

ARTICLE 7 - THE AFTER-VENT SERVICE – EXCHANGE – GUARANTEE

7.1 – The VAS

TETTELIOT provides the Customer with the following email address: service@etteliot.com and a VAS number: 06 85 13 74 12 [not overtaxed]

7.2 – Exchange demand

Product exchange is not offered by ETTELIOT.

7.3 - The guarantee

7.3.1. Legal guarantee of conformity

The Customer has a period of two years from the date of issue of the Product to implement the legal guarantee of conformity under the provisions of the Consumer Code.

If the legal guarantee of conformity is recognized, PETETLIOT replaces the Product. In the event that replacement is impossible, the Customer will be able to choose to return the Product and get the price returned or to keep the Product and have part of the price returned.

7.3.2. Legal guarantee of hidden defects

The Customer has a period of two years from the discovery of the defect to implement the legal guarantee of hidden defects framed by articles 1641 to 1649 of the Civil Code.

The Customer understands that in order to implement this legal guarantee, he must prove the existence of the hidden defect. The hidden defect is defined as a hidden defect, i.e. not apparent at the time of purchase, rendering the good unfit for use for which it is intended or greatly decreasing its use and existing at the time of purchase.

If the legal warranty of hidden defects is recognized, the Customer returns the Product and TETTELIOT reimburses the price paid to the Customer or the Customer keeps the Product and gets returned part of the price.

ARTICLE 8 – APPLICATION FOR A GUARANTEE

The guarantee shall apply on presentation of the purchase invoice.

For any request for support under the guarantee, the Customer will have to send an email (or call with an email) to TETTELIOT clearly expressing his will to activate the guarantee. The Customer will have to explain the precise reasons for this warranty request and transmit photographs and/or videos.

If ETTELIOT is unable to adjust the malfunction remotely on the basis of photographs and/or videos, the Customer returns the Product to the address indicated by ETTELIOT. The package must be accompanied by a copy of the invoice.

The warranty does not apply where the damage is related to a cause external to the Product or to a handling of the Product contrary to the package leaflet.

In the event that the request for security is refused by TETTELIOT:

a Quote is issued by TETTELIOT and repair work on the Product begins only upon validation of the said Quote. The Customer may, however, refuse the quotation and decide to recover the Product at his own expense, in accordance with Article 9 below.

ARTICLE 9 – RETURN COSTS

Exclusively in the case of the legal guarantee, in so far as the guarantee is activated and accepted, the costs of return incurred by the Customer for the request for the take-over as well as the costs of re-shipment are borne by TETTELIOT, for customers residing in Metropolitan France.

On the other hand, in cases where the guarantee is not recognized or where the Customer implements the right of withdrawal, the Product is sent back at the Customer's expense.

ARTICLE 10 – OBLIGATIONS AND RESPONSIBILITIES

TETTELIOT is fully responsible to the Customer for the proper performance of the obligations resulting from the order of Products.

Nevertheless, TETTELIOT may exonerate all or part of its liability by proving that the failure to perform or the improper performance of the contract is attributable either to the Customer, or to the fact, unpredictable and insurmountable, of a third party to the contract, or to a case of force majeure.

Article 11 – MAJOR FORCE

The Parties shall not be held liable for any breach of any of their obligations under the Agreement resulting from the occurrence of a force majeure event, as defined in article 1218 of the Civil Code.

The Party observing the event shall without delay inform the other Party of its inability to perform its Benefit and shall justify it to the other Party. The suspension of obligations may under no circumstances be a cause of liability for failure to fulfil the obligation in question, nor may it result in the payment of damages or penalties for delay.

Nevertheless, as soon as the cause of the suspension of their reciprocal obligations has ceased, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible.

ARTICLE 12 – PERSONAL DATA

The personal data collected by TETTELIOT (name, first name, email, telephone, delivery address, billing address) are essential to manage the Customer relationship and perform the services. The legal basis for processing such data is compliance with contractual (and pre-contractual) and legal obligations.

ETTELIOT keeps the data in compliance with the legal regulation in force for 10 years from their collection.

The data processed are intended for the members of the ETTELIOT team involved in the Customer relationship and, where appropriate, for its providers essential for the performance of services. At no time shall they be sold, shared or communicated to third parties for commercial or prospecting purposes. Moreover, they are not transmitted outside the territory of the European Community.

ETTELIOT shall take all appropriate precautions to preserve the confidentiality and security of personal data, and in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties. If necessary, PETETLIOT will inform the Customer as soon as possible.

Under the conditions laid down in the GDPR and Law 78-17 of 6 January 1978 as amended by the Law No. 2018-493 of 20 June 2018The Customer has the right to access, rectification, deletion, limitation, opposition, portability and the right to withdraw consent at any time. In addition, the Customer has the right to communicate to TETTELIOT instructions on the fate of his data after his death.

These rights can be exercised via the e-mail address service@etteliot.com or by post directly to the controller: Mr EVRARD – SAS ETTELIOT – located 357 route de Sainte-Luce – ZA Le Petit Chatelier – Building 407 – 44300 Nantes. Additional documents (e.g. CNI) to validate the client's identity may be requested. They will be deleted immediately upon verification.

Finally, the Customer has the right to lodge a complaint with the Cnil.

ARTICLE 13 – MISCELLANEOUS PROVISIONS

In the event that any of the provisions of the Contract are declared null or void in any way and for any reason, it would be deemed unwritten and would not result in the nullity of the other provisions.

No waiver by any of the Parties of any of its rights in accordance with the terms of the Agreement shall constitute a waiver of such rights in the future.

In general, the Customer and ETTELIOT expressly accept the possibility of exchanging information via e-mail. The correspondence address ofETTELIOT will be service@etteliot.com.

ARTICLE 14 – APPLICABLE LAW – REGULATION OF LITIGES

By express agreement between the Parties, this Agreement is subject to French law, excluding any other legislation.

In the event of a dispute, the Consumer Customer has the option of using a consumer mediator before bringing the matter before the competent court.

The contact details of the consumer mediator of TETTELIOT are:

CM2C, 49 Rue de Ponthieu, 75008 Paris – Tel: 01 89 47 00 14 – Email: cm2c@cm2c.net.

In addition, the European Commission has set up a dispute resolution platform to collect potential consumer complaints following an online purchase. These complaints are then forwarded to the competent national mediators. This platform is accessible via the link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show

Any dispute which has not been resolved in a friendly manner shall be referred to the competent court of the place of residence of the defendant or at the choice of the defendant, the place of delivery of the Product.

Withdrawal form

(Please complete and return this withdrawal form only if you wish to withdraw from the contract.)

To the attention of SAS ETTELIOT – withdrawal service – located 357 Route de Sainte-Luce – ZA Le Petit Chatelier – Building 407 - 44300 Nantes or service@etteliot.com.

I hereby notify you of my withdrawal from the contract for the sale of the property (*) below :

Ordered on (*) : / received on (*) :

Consumer Customer Name:

Consumer Customer Address:

Consumer Customer Signature (Only if this form is notified on paper)

Date:

(*) Remove the unnecessary mention.