Conditions générales de vente

 

GENERAL TERMS AND CONDITIONS OF SALE CONSUMER CLIENTS

Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale (hereafter "GTC") determine the rights and obligations of the parties in the context of online sales of Products offered by Abstracted Axis.

1.2 Any Order placed on the Abstracted Axis website presupposes prior acceptance without restriction of these General Terms and Conditions of Sale, which are subject to French law. Thus, these GTC are an integral part of the Contract between the Client and Abstracted Axis. The Client declares having acknowledged and accepted them without restriction or reservation before placing the Order.

1.3 These GTC apply to any Order placed by an adult individual acting as a consumer. The Client thus attests that they are a physical person over 18 years of age, acting for purposes outside of their commercial, industrial, craft, liberal, or agricultural activities. They acknowledge having full capacity to commit when placing an Order and undertake to provide truthful elements regarding their identity.

1.4 EXCLUSION: Expressly excluded from the scope of these GTC are individuals acting as professionals, i.e., physical or legal persons, public or private, who act for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activities, including if they act in the name or on behalf of another professional. Professionals wishing to place an Order with Abstracted Axis are invited to contact us directly at contact@abstracted-axis.com.

1.5 The GTC applicable to each Order are those in force on the date of payment (or the first payment in case of multiple payments) of the order. Abstracted Axis reserves the right to modify them at any time by publishing a new version on its website. These GTC are available on the Abstracted Axis website at the following address: https://abstracted-axis.com and are downloadable in PDF format.

Article 2 – CONCLUSION OF THE CONTRACT ONLINE

2.1 Order Placement Process

To purchase one or more Products on the site, the Client selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed with the Order (1st click).

At this stage, the Client is redirected to a page containing:

  • A summary of the selected Products, their corresponding prices, delivery terms, and fees. They are then required to check and possibly correct the contents of their cart.
  • The present GTC. They must read them carefully before validating the entire Order.

Validating the Order after checking the cart and reading the GTC (2nd click) constitutes the conclusion of the Contract, and the Client acknowledges that the 2nd click implies an obligation to pay on their part.

The Client is then redirected to the payment page. They can choose from the different payment methods offered and proceed to pay for their Order.

After validating their Order and making the payment, the Client receives a confirmation message from Abstracted Axis at the email address provided for creating their account. This message contains in PDF format:

  • A summary of their order (selected Products, prices, delivery terms, and fees);
  • The Order number;
  • The modalities, conditions, and the withdrawal form;
  • The present GTC in PDF format.

If the Order confirmation is not received, it is recommended that the Client contact Abstracted Axis via this email address: contact@abstracted-axis.com.

The Client then receives a purchase invoice transmitted electronically, which the Client expressly accepts.

It is strongly advised for the Client to keep this confirmation message and the purchase invoice also transmitted electronically since these documents can be produced as proof of the Contract.

2.2 Case of Refusal to Validate the Order by Abstracted Axis

Abstracted Axis reserves the right to refuse your Order for any legitimate reason, including, for example:

  • Order not in accordance with the GTC;
  • Quantities ordered not corresponding to normal use by a Consumer Client;
  • Non-payment of a previous order or dispute concerning a previous order;
  • Suspicion of fraud on the order (supported by a set of consistent indicators).

Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Client on Abstracted Axis websites, as well, where applicable, as information on the use of the product.

Although Abstracted Axis makes reasonable efforts to ensure that the Specifications are accurate, these Specifications, subject to certain exceptions, such as pricing information, are provided by Abstracted Axis suppliers. As a result, Abstracted Axis disclaims any liability for any possible errors contained in the Specifications.

Specifications are presented in detail and in French. The Parties agree that illustrations, videos, or photos of Products offered for sale have no contractual value. The duration of the offer of the Products and their prices is specified on the Abstracted Axis websites.

3.2 Product Availability

Product offers are valid as long as stocks last. This availability of Products is normally indicated on the specific Product page.

In the event a Product becomes unavailable after the Client's Order validation, Abstracted Axis will immediately inform them by email. The Order will automatically be canceled and Abstracted Axis will proceed with the refund of the price of the originally ordered Product, as well as any sum paid for the Order.

However, if the Order contains other Products than the one that became unavailable, these will be delivered to the Client and the delivery fees will not be refunded.

Article 4 – PRODUCT PRICING

4.1 Reference Prices Indicated on the Sites

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer, or its official representative. Failing that, it is a price determined based on the prices at which the Product is commonly sold in a panel of distributing stores. This price is updated as soon as the brand, manufacturer, or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of stores is modified.

4.2 Modification of Prices Indicated on the Sites

The prices of the Products are indicated on the Product description pages. They are indicated excluding taxes, customs duties, and shipping costs. Abstracted Axis reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.

The Products ordered will be invoiced based on the price in force on the site at the time of validation of the Order.

4.3 Product Prices

Insofar as all Products are shipped from France, the prices of the Products sold through the website are indicated in Euros including all taxes. They are also indicated in Euros including taxes on the Product Order page, and excluding specific shipping costs.

Product prices include VAT. No payment will be due in addition.

Product prices include packaging and handling fees but do not include shipping, transportation, insurance, and delivery of the Products to the delivery address (except for promotional offers).

4.4 Payment of Taxes

All our products are sold including all taxes. Taxes are included in the final price paid by the client. No additional fees will be applied once the order amount is settled.

Article 5 – PAYMENT OF PRODUCT PRICES

5.1 Timing of Payment

The payment of the total price of the Order must be made immediately after the validation of the Order.

Abstracted Axis may, exceptionally, grant payment in installments, particularly in light of the amount to be paid and its knowledge of the concerned Client. However, Abstracted Axis has no obligation to grant such payment terms. In the case of a particular situation, the Client may request this by contacting the Customer Service of Abstracted Axis at the following address: contact@abstracted-axis.com.

5.2 Methods of Payment

To pay for their Order, the Client can choose from different payment methods:

Payment by credit card: Only credit cards linked to a banking institution located in France or international credit cards (Visa, MasterCard, American Express, and Maestro) are accepted. The Client guarantees Abstracted Axis that they have the necessary authorizations to pay with the credit card used. They expressly acknowledge that the commitment to pay given by card is irrevocable and that providing their credit card number constitutes authorization to debit their account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order. Credit card payments are made via a secure payment platform, and the information on credit cards communicated benefits from SSL encryption.

Payment via PayPal: Payment by PayPal is accepted up to a limit of 1,000 €. It is emphasized that in the case of recourse to this payment method, the General Terms of Use of PayPal, which are available on their site, are added to these GTC.

Payment by vouchers and/or promo codes: Vouchers and/or promotional codes issued by Abstracted Axis can be used to pay all or part of the Order. These vouchers and/or promo codes are valid only once. In case of an attempt at fraudulent use of vouchers and/or promo codes, Abstracted Axis may proceed with the outright cancellation of the Order.

In general, in the case of refusal of payment authorization from officially accredited organizations or in case of non-payment of the Order, Abstracted Axis reserves the right to suspend and/or cancel said Order.

Abstracted Axis reserves the right to suspend at any time any one of the payment methods, particularly in the case where a payment service provider no longer offers the service used or in the case of a dispute with a Client concerning a previous Order.

Abstracted Axis reserves the possibility to set up a verification procedure for Orders aimed at ensuring that no person uses another person's bank details without their knowledge. As part of this verification, the Client may be asked to send by email or mail to Abstracted Axis a copy of an ID, proof of address, and the copy of the credit card used for payment. Specific indications on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Client in case 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, Abstracted Axis communicates to the Client information concerning the different delivery modalities as well as their respective rates. Following the Client's choice of delivery mode, Abstracted Axis communicates an estimate of the delivery time.

Abstracted Axis will make every effort to ensure that the Product(s) is/are delivered by the scheduled delivery date. In case of difficulty, Abstracted Axis undertakes to quickly communicate with the Client to inform them and seek an adequate solution together.

Transport, shipment, and/or delivery of the Product(s) will be entirely borne by the Client ("Delivery Fees"). These delivery fees are included in the final price invoiced to the Client during the Order.

Depending on the modalities chosen by the Client, delivery will be carried out either to the address mentioned by the Client or, where applicable, at a relay point chosen by the Client from the list of available points. It is therefore incumbent on the Client to carefully check the indications communicated for delivery as they remain solely responsible in case of non-delivery due to incomplete or incorrect information.

6.2. Receipt

Upon receipt of the Product, the Client undertakes to verify that the Product is complete and not damaged.

In the event of the detection of an anomaly, the Client must contact the Customer Service of Abstracted Axis within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed beyond this deadline cannot be processed.

Products are not necessarily received on the same date, due to our different suppliers. Therefore, the client may receive each product on a different date.

Article 7 – WITHDRAWAL

7.1 Principle and Deadline

The Client has the right to withdraw without giving any reason within a period of fourteen (14) calendar days from the date of receipt of their Order. In case of an Order of several Products, the period runs from the receipt of the last Product.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased Product(s) and the shipping costs will be refunded, the return costs remaining at the Client's expense.

7.2 Exclusions

In accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

  • Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • Supply of goods made according to the consumer's specifications or clearly personalized;
  • Supply of goods liable to deteriorate or expire rapidly;
  • Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
  • Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
  • Supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • Provision of maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • Supply of a newspaper, periodical or magazine, except for contracts for subscription to these publications;
  • Concluded at a public auction;

7.3 Modalities for Exercising the Right of Withdrawal

To exercise their right of withdrawal, the Client must inform Abstracted Axis of their intention to withdraw either by filling in the standard form whose model appears below or by sending a declaration devoid of ambiguity expressing their intention to withdraw within the 14-day period mentioned above.

Standard withdrawal form model:

To the attention of Abstracted Axis, Customer Service. I, the undersigned, hereby notify you of my withdrawal from the contract for the sale of the Product below: Product Name: Order and receipt date: Order Number: Withdrawal request tracking number: Client's Name: Client's Address: Client's Signature: (only in case of notification of this form on paper) Date:

This form must be sent by electronic transmission to the address:

The Client has a period of 14 days from the sending of the notification of their withdrawal to return the Product to Abstracted Axis in its original packaging, the return costs being exclusively at the Client's expense.

The Products must be returned in their original and complete state (packaging, accessories, instructions, etc.) to allow resale by Abstracted Axis. In case of reception of Products that are opened, used, incomplete, damaged, or soiled, Abstracted Axis will not proceed with a refund and may even, if it deems necessary and appropriate, hold the Client responsible for depreciation of the Product.

In case of return of the Product under the conditions provided by law and these GTC, Abstracted Axis will proceed with the refund of all sums paid by the Client, including delivery fees, within 14 days of the notification of withdrawal, unless the Product is returned later. In this case, Abstracted Axis will proceed with the refund only after the receipt and verification of the state of the returned Product.

This refund will be made using the same means of payment as the one used by the Client to pay for the Order, unless expressly agreed by the Client for another means of payment. In case of payment by gift voucher/promotional code, the Client will be refunded either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.

Article 8 – WARRANTIES

8.1 Legal Warranties

Abstracted Axis remains liable for defects in conformity of the goods in accordance with the provisions of articles L.217-4 and following of the Consumer Code as well as hidden defects of the thing sold in accordance with articles 1641 and following of the Civil Code.

When acting under the legal warranty of conformity (as provided by articles L.217-4 and following of the Consumer Code), the Consumer Client:

  • Has a period of 2 years from the delivery to act;
  • Can choose between the repair or replacement of the Product, subject to the cost conditions provided by article L.217-9 of the Consumer Code;
  • Is exempted from proving the existence of the defect of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.

The Client may also decide to act under the legal warranty against hidden defects under the terms of article 1641 of the Civil Code, the Client can choose between the resolution of the sale or a reduction of the price, in accordance with article 1644 of the Civil Code.

These legal warranties apply independently of any contractual warranty.

Reproduction of applicable texts

L.217-4 Consumer Code "The seller delivers a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions, or the installation when it has been put in charge by the contract or carried out under his responsibility."

L.217-5 Consumer Code "The good conforms to the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted."

L.217-9 Consumer Code "In case of lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, given the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer."

L.217-12 Consumer Code "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

1641 Civil Code "The seller is liable for the warranty due to the hidden defects of the thing sold that render it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, had he known them."

1648 Civil Code "The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect. […]"

8.2 Manufacturer Warranty

Some Products sold on the Site benefit from a contractual warranty granted by the supplier or the manufacturer of the Product, to which Abstracted Axis is not directly a party.

The existence of such warranties is mentioned, where applicable, on the specific Product page. If the Client wishes to invoke this warranty, it is appropriate that they notify Abstracted Axis by contacting Customer Service and that they themselves consult the terms of application of the warranty, which are generally inserted in the box concerning the Product.

It is recalled that the benefit of the Manufacturer Warranty does not obstruct the application of the legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.

Article 9 - PROTECTION OF PERSONAL DATA

In the context of the commercial relationship, Abstracted Axis, as the data controller, collects a number of mandatory personal data (including, in particular, name, first name, delivery address, etc. marked with an asterisk) that are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics, and compliance with the legal and regulatory obligations of Abstracted Axis. They are kept for 5 years from the end of the Contract.

The Client's failure to provide this information would make it impossible to process their Order.

These data are intended for internal use by Abstracted Axis but may be transmitted to companies that contribute to the performance of the service, including those that ensure the deliveries of Products or ensure the processing of payments.

Regarding these personal data, the Client has several rights:

  • Right of access to personal data concerning them;
  • Right of rectification and deletion if personal data are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, and conservation are prohibited;
  • Right to limit the processing of data, provided that this request is duly justified and does not prevent Abstracted Axis from complying with its regulatory and legal obligations;
  • Right to object to data processing (especially in case of processing for commercial prospecting);
  • Right to issue post-mortem directives concerning the retention, deletion, and communication of your personal data;
  • Right to withdraw their consent to the performance of certain processing (processings performed before the withdrawal of consent remain lawful);
  • Right to lodge a complaint with the CNIL.

To exercise their rights, the Client can send a request to Abstracted Axis at our email address: contact@abstracted-axis.com.

The request must mention the Client's email address, their names, first names, postal address, and must be accompanied by a double-sided copy of their ID card.

A response will be sent within a month from the receipt of the request.

Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on the page of a Product, sales of Products on the site do not entail any transfer of intellectual property rights on the Products sold.

The brands, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of Abstracted Axis or their initial owner. No transfer of intellectual property rights is performed through these GTC.

Article 11 - FORCE MAJEURE

Abstracted Axis shall not be held liable for a failure to perform its obligations hereunder in the event of the occurrence of an act of God or force majeure that would prevent its execution. Abstracted Axis will notify the client of the occurrence of such an event as soon as possible.

Article 12 – LIMITATION OF LIABILITY

Notwithstanding any contrary provision stated herein, Abstracted Axis shall in no case be liable for losses or damages due to inappropriate use of the Product(s) by the Client, including but not limited to unauthorized modification or alteration of the Product(s) by Abstracted Axis.

Article 13 – SUSPENSION – TERMINATION OF ACCOUNT

Abstracted Axis reserves the right to suspend or terminate the account of a Client who violates the provisions of the GTC, or in general the applicable legal provisions, without prejudice to any damages and interests that Abstracted Axis could seek.

Any person whose account has been suspended or closed may not order subsequently nor create a new account on the Site, without prior authorization from Abstracted Axis.

Article 14 – ARCHIVING – PROOF

Unless proven otherwise, the information recorded by Abstracted Axis constitutes proof of all transactions.

For each Order, the Order summary is sent by email to the Client and archived on the Abstracted Axis website.

The archiving of communications between Abstracted Axis and the Client is carried out on computerized registers that are kept for 5 years under reasonably secure conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered proof of communications, orders, payments, and transactions between the Client and Abstracted Axis. They may be produced as proof of the Contract.

The archiving of communications, the order, the order details, and the invoices is carried out 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 produced as proof of the contract.

The Client will have access to the archived elements upon simple request at the address contact@abstracted-axis.com.

Article 15 - NULLITY AND MODIFICATION OF THE GTC

If any of the stipulations of these GTC is void, it shall be deemed unwritten, but this will not lead to the nullity of all the contractual provisions.

Any tolerance on the part of Abstracted Axis, in the application of all or part of the commitments made within the framework of these GTC, whatever their frequency and duration, shall not constitute modification of the GTC, nor generate any right whatsoever for the Client.

Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION

These GTC are subject to French law.

In case of any difficulty, the Customer Service is at your disposal to find an amicable solution.