Terms of sale
ARTICLE 1 – SCOPE
These General Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the Products offered for sale (“The Products”) by the Seller on the www.qanba-europe.com website.
The Products offered for sale on the site are as follows: Mask, Personal Protective Equipment.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.qanba-europe.com which the Customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are valid within the limits of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the website www.qanba-europe.com and will prevail over any other document. The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the www.qanba-europe.com site. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows: One Up, SAS with a share capital of 302,000 euros, registered with the RCS of Chambéry, under number 853 926 905, whose head office is located at 201 rue des Blaches, 38530 LA BUISSIERE, France, mail : info@qanba-europe.com Phone: +33 (0) 458 980 103.
The Products presented on the www.qanba-europe.com website are offered for sale for the following territories: European Union.
In the event of an order to a country other than metropolitan France, the Customer is the Importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 – PRICE
The Products are supplied at the current prices listed on the www.qanba-europe.com website, when the order is registered by the Seller.
The prices take into account any reductions that may be granted by the Seller on the site www.qanba-europe.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, delivery transport costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the website www.qanba-europe.com the Products he wishes to order, according to the following methods:
The Customer can place an order, in French, Italian, Spanish, German, Dutch, Portuguese or English, directly on the website, after entering their identifiers, in accordance with article 3.
By browsing the different sections of the website, the Customer can place the Products of his choice in his shopping cart by clicking on the "Add to cart" button. At any time and until confirmation of the global order, the Customer may change his mind, change the quantities and cancel one or more of the Products chosen.
Each of the steps necessary for the sale are specified on the website.
Once the contents of his shopping cart have been validated, the Customer will confirm his order by:
- Completing all the information requested;
- Declaring to accept without reserve the entirety of the general conditions of sale;
- Validating by payment.
The validation of the order by the "click" of the Customer implies acceptance of the prices and characteristics of the Products purchased by the Customer
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
The Seller cannot be held responsible for errors in data entry by the Customer, nor for their possible consequences in terms of delay or error in delivery. In these hypotheses, the costs generated by a possible reshipment will be borne by the Customer.
Any order placed on the site www.qanba-europe.com constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
For any request for information or any order, the Customer bears the cost of telecommunications when accessing the Internet and using the, or when calling Customer Service on the website.
ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer has the option of creating an account (personal space).
To do this, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his e-mail address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to info@qanba-europe.com. This will be effective within a reasonable time.
In the event of non-compliance with our general conditions of sale and/or use, the site www.qanba-europe.com will have the possibility of suspending or even closing the account of a Customer after formal notice sent by electronic means. and remained ineffective.
Any deletion of an account, for whatever reason, results in the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 – PAYMENT CONDITIONS
Payment of the full price occurs upon confirmation of the order by the Customer on the website.
The Customer undertakes to pay the price stipulated for the Product ordered on the website (price of the Products and transport) as well as to pay or have paid, if necessary, and this directly to the freight forwarder or carrier, the rights customs duties, VAT or other taxes due on the occasion of the importation of the Products into the country of the place of delivery.
The price is paid by secure payment, according to the following terms:
- By credit card as offered on the Site:
The payment order made by bank card cannot be cancelled. The payment of the order by the Customer is irrevocable, without prejudice to the Customer exercising his right of withdrawal. For an order via the website, the Customer confirms and guarantees that he is the holder of the bank card and that the latter gives access to sufficient funds to cover the payment of the order. The payment will be considered effective after confirmation of the agreement of the bank payment centers
- By PayPal:
The Customer then guarantees to the Seller that he has the necessary authorizations to use this method of payment when placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the www.qanba-europe.com site.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5 – DELIVERIES
In principle, the delivery of the products will take place, after registration of the payment of the order, to the delivery address indicated by the customer during the placing of the order.
We undertake to deliver the items ordered as soon as possible depending on the delivery method chosen and the availability of the items. The delivery times indicated on the site are usual average times given as an indication and correspond to the total processing and delivery times.
The delivery time will be indicated to the customer during the procedure for placing the order, prior to the validation of the order and before payment.
In the event of the recipient's absence at the time of delivery, the carrier will leave a transit advice note at the delivery address indicated by the customer. The products must be collected from the address and according to the methods indicated by the carrier. In the absence of withdrawal within the deadlines set by the carrier, the products will be returned to the seller, who reserves the right to reimburse the price to the customer, the shipping costs remaining the responsibility of the customer.
If the products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than Force Majeure or fault t of the customer, the sale may be canceled at the written request of the customer under the conditions provided for in articles L216-2, L-216-3 and L-241-4 of the Consumer Code. The sums paid by the customer will then be returned to him no later than 14 days following the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent carrier, to the address mentioned by the customer when ordering and to which the carrier can easily access.
When the customer himself is responsible for using a carrier that he chooses himself, the delivery is deemed to have been made upon delivery of the products ordered by the seller to the carrier who has accepted them without reservation. The customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the seller in the event of non-delivery of the goods transported.
In the event of a specific request from the customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the seller, the related costs will be the subject of additional specific invoicing on an estimate previously accepted in writing by the customer. .
On delivery, the customer must check the content, conformity and condition of the product(s). The seller recommends that the customer checks upon delivery and in the presence of the carrier the content, compliance and condition of the package(s). In the event that the customer has any doubt whatsoever about the condition or content of his package, he must check the condition of the goods received and issue precise and detailed handwritten reservations, dated and signed by the following way: on the delivery slip provided by the carrier, in the presence of the deliverer. And in all cases, notify the seller's company by letter addressed to One Up, 201 rue des Blaches, 38530 LA BUISSIÈRE, France. Verification of the package delivered is deemed to have been made and can no longer be contested, once the customer or any person authorized to receive the package has signed the delivery slip.
The seller will refund or replace as soon as possible and at his expense, the products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the customer, under the conditions provided for in articles L217-4 and following of the Code. of consumption and those provided for in these GCS.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the customer takes physical possession of the products. The products travel at the risk and peril of the seller except when the customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL AND RETURN POLICY
According to the terms of article L221-18 of the Consumer Code:
“The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify his decision or bear other costs. than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »
You can return most new, unopened items within 14 days of delivery for a full refund.
The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any damage, however minimal, and be in a state of perfect cleanliness. This right of return is exercised without penalties, with the exception of return costs.
The exchange (subject to availability) or refund will be made within 14 days bears from receipt, of the products returned by the customer under the conditions provided for in this article.
In the event of a return for only part of the order, only the price invoiced for the returned products will be refunded.
In the event of partial return of the order, the customer who would have benefited, during the initial order, from free delivery due to the overrun of a certain amount of the order, may be re-invoiced the delivery costs corresponding to his effective order, if the latter fell below the threshold of free delivery.
The products must be returned to the seller at the following address: addressed to One Up, 201 rue des Blaches, 38530 LA BUISSIÈRE, France
The products must be returned, accompanied by their purchase invoice, in their original packaging, properly protected. They must be in perfect resalable condition. Any product returned incomplete, damaged, washed, damaged, deteriorated, soiled, even partially will not be refunded or exchanged.
The customer returns the products. We recommend keeping proof of the return to facilitate procedures in the event of a problem arising during transport. Except hypotheses of lack of conformity or hidden defects of the product, the costs of returns are the responsibility of the customer.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
The information and descriptions mentioned for each Product sheet, in particular the photographs, technical characteristics and description, are communicated to the Seller by the manufacturers of the Products.
In accordance with article L.111-1 of the Consumer Code, the Seller's objective is to inform the Customer and enable him to know the essential characteristics of the Product.
However, it is specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site.
The Products supplied by the Seller benefit from:
- The legal guarantee of conformity, for Products that are defective, spoiled or damaged or 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.
Provisions relating to legal warranties
Article L217-4 of the Consumer Code: “The Seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code: “The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the Seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular 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 attention of the Seller and which the latter has accepted. »
Article L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article 1641 of the Civil Code: "The Seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them. »
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
Article L.211-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. »
Article L.211-5 of the Consumer Code: "To comply with the contract, the goods must :
1 - Be fit for the use usually expected of a similar item and, where applicable:
2 - Correspond to the description given by the Seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
3 - Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling (…). »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of these hidden defects from their discovery.
The Seller will reimburse, repair or have repaired the Products or parts under warranty deemed non-compliant or defective.
The responsibility of the Seller cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure
- The photographs and graphics presented on the website are not contractual and cannot engage the responsibility of the Seller
The Seller's warranty is in any event limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the www.qanba-europe.com website are as follows:
Account opening – When creating the Client/user account: Surnames, first names, postal address, telephone number, email address.
Payment – As part of the payment for the Products offered on the www.qanba-europe.com website, the latter records financial data relating to the Customer's/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The categories of co-contractors are: transport providers and payment institutions.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data. To contact the data controller: info@qanba-europe.com
9.4 Limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Client and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the www.qanba-europe.com website have the following rights:
- Update or delete the data concerning them by simple request by e-mail to info@qanba-europe.com
- Delete their account by writing to the address indicated in article 9.3 "Data controller"
- Exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller"
- If the personal data held by the Seller is inaccurate, request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
- Request the portability of data held by the Seller to another service provider
- Oppose the processing of their data by the Seller
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a letter or by e-mail to the Data Controller whose contact details are indiicated above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The Seller is the owner of the intellectual property rights on the website, consisting of elements such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology. and the right to distribute the elements appearing in the catalog of the website and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the catalogue, their use and their provision to third parties are strictly prohibited and are likely to constitute an offense of counterfeiting.
Apart from any solicitation on its part, the Seller prohibits any affixing of a hypertext link to the website. A Customer wishing to place on his personal website a link directly to the home page of the website, must first request the express authorization of the Seller.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These T&Cs and the resulting operations are governed by and subject to French law.
These General 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 prevail in the event of a dispute.
ARTICLE 12 – DISPUTES
For any complaint, please contact Customer Service at the Seller's postal or email address indicated in Article 1 of these GCS.
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is:
The FEVAD e-commerce mediator service
60 Rue de la Boétie
75008 PARIS
France
https://www.mediateurfevad.fr/index.php/espace-consommateur/
Email: mediateurduecommerce@fevad.com
The Customer is also informed that he can use the Online Dispute Resolution (RLL) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng =EN
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the Seller or by mediation, will be submitted to the competent courts under the conditions of law. commmon.
APPENDIX - WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from your order placed on www.qanba-europe.com (Products sold and shipped by the Seller) – except exclusions or limits to the exercise of the right of withdrawal according to the Conditions Terms of Sale applicable. For the attention of One UP.
Form to download > here <
These General Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the Products offered for sale (“The Products”) by the Seller on the www.qanba-europe.com website.
The Products offered for sale on the site are as follows: Mask, Personal Protective Equipment.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.qanba-europe.com which the Customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are valid within the limits of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the website www.qanba-europe.com and will prevail over any other document. The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the www.qanba-europe.com site. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows: One Up, SAS with a share capital of 302,000 euros, registered with the RCS of Chambéry, under number 853 926 905, whose head office is located at 201 rue des Blaches, 38530 LA BUISSIERE, France, mail : info@qanba-europe.com Phone: +33 (0) 458 980 103.
The Products presented on the www.qanba-europe.com website are offered for sale for the following territories: European Union.
In the event of an order to a country other than metropolitan France, the Customer is the Importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 – PRICE
The Products are supplied at the current prices listed on the www.qanba-europe.com website, when the order is registered by the Seller.
The prices take into account any reductions that may be granted by the Seller on the site www.qanba-europe.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, delivery transport costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the website www.qanba-europe.com the Products he wishes to order, according to the following methods:
The Customer can place an order, in French, Italian, Spanish, German, Dutch, Portuguese or English, directly on the website, after entering their identifiers, in accordance with article 3.
By browsing the different sections of the website, the Customer can place the Products of his choice in his shopping cart by clicking on the "Add to cart" button. At any time and until confirmation of the global order, the Customer may change his mind, change the quantities and cancel one or more of the Products chosen.
Each of the steps necessary for the sale are specified on the website.
Once the contents of his shopping cart have been validated, the Customer will confirm his order by:
- Completing all the information requested;
- Declaring to accept without reserve the entirety of the general conditions of sale;
- Validating by payment.
The validation of the order by the "click" of the Customer implies acceptance of the prices and characteristics of the Products purchased by the Customer
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
The Seller cannot be held responsible for errors in data entry by the Customer, nor for their possible consequences in terms of delay or error in delivery. In these hypotheses, the costs generated by a possible reshipment will be borne by the Customer.
Any order placed on the site www.qanba-europe.com constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
For any request for information or any order, the Customer bears the cost of telecommunications when accessing the Internet and using the, or when calling Customer Service on the website.
ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer has the option of creating an account (personal space).
To do this, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his e-mail address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to info@qanba-europe.com. This will be effective within a reasonable time.
In the event of non-compliance with our general conditions of sale and/or use, the site www.qanba-europe.com will have the possibility of suspending or even closing the account of a Customer after formal notice sent by electronic means. and remained ineffective.
Any deletion of an account, for whatever reason, results in the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 – PAYMENT CONDITIONS
Payment of the full price occurs upon confirmation of the order by the Customer on the website.
The Customer undertakes to pay the price stipulated for the Product ordered on the website (price of the Products and transport) as well as to pay or have paid, if necessary, and this directly to the freight forwarder or carrier, the rights customs duties, VAT or other taxes due on the occasion of the importation of the Products into the country of the place of delivery.
The price is paid by secure payment, according to the following terms:
- By credit card as offered on the Site:
The payment order made by bank card cannot be cancelled. The payment of the order by the Customer is irrevocable, without prejudice to the Customer exercising his right of withdrawal. For an order via the website, the Customer confirms and guarantees that he is the holder of the bank card and that the latter gives access to sufficient funds to cover the payment of the order. The payment will be considered effective after confirmation of the agreement of the bank payment centers
- By PayPal:
The Customer then guarantees to the Seller that he has the necessary authorizations to use this method of payment when placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the www.qanba-europe.com site.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5 – DELIVERIES
In principle, the delivery of the products will take place, after registration of the payment of the order, to the delivery address indicated by the customer during the placing of the order.
We undertake to deliver the items ordered as soon as possible depending on the delivery method chosen and the availability of the items. The delivery times indicated on the site are usual average times given as an indication and correspond to the total processing and delivery times.
The delivery time will be indicated to the customer during the procedure for placing the order, prior to the validation of the order and before payment.
In the event of the recipient's absence at the time of delivery, the carrier will leave a transit advice note at the delivery address indicated by the customer. The products must be collected from the address and according to the methods indicated by the carrier. In the absence of withdrawal within the deadlines set by the carrier, the products will be returned to the seller, who reserves the right to reimburse the price to the customer, the shipping costs remaining the responsibility of the customer.
If the products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than Force Majeure or fault t of the customer, the sale may be canceled at the written request of the customer under the conditions provided for in articles L216-2, L-216-3 and L-241-4 of the Consumer Code. The sums paid by the customer will then be returned to him no later than 14 days following the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent carrier, to the address mentioned by the customer when ordering and to which the carrier can easily access.
When the customer himself is responsible for using a carrier that he chooses himself, the delivery is deemed to have been made upon delivery of the products ordered by the seller to the carrier who has accepted them without reservation. The customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the seller in the event of non-delivery of the goods transported.
In the event of a specific request from the customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the seller, the related costs will be the subject of additional specific invoicing on an estimate previously accepted in writing by the customer. .
On delivery, the customer must check the content, conformity and condition of the product(s). The seller recommends that the customer checks upon delivery and in the presence of the carrier the content, compliance and condition of the package(s). In the event that the customer has any doubt whatsoever about the condition or content of his package, he must check the condition of the goods received and issue precise and detailed handwritten reservations, dated and signed by the following way: on the delivery slip provided by the carrier, in the presence of the deliverer. And in all cases, notify the seller's company by letter addressed to One Up, 201 rue des Blaches, 38530 LA BUISSIÈRE, France. Verification of the package delivered is deemed to have been made and can no longer be contested, once the customer or any person authorized to receive the package has signed the delivery slip.
The seller will refund or replace as soon as possible and at his expense, the products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the customer, under the conditions provided for in articles L217-4 and following of the Code. of consumption and those provided for in these GCS.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the customer takes physical possession of the products. The products travel at the risk and peril of the seller except when the customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL AND RETURN POLICY
According to the terms of article L221-18 of the Consumer Code:
“The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify his decision or bear other costs. than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »
You can return most new, unopened items within 14 days of delivery for a full refund.
The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any damage, however minimal, and be in a state of perfect cleanliness. This right of return is exercised without penalties, with the exception of return costs.
The exchange (subject to availability) or refund will be made within 14 days bears from receipt, of the products returned by the customer under the conditions provided for in this article.
In the event of a return for only part of the order, only the price invoiced for the returned products will be refunded.
In the event of partial return of the order, the customer who would have benefited, during the initial order, from free delivery due to the overrun of a certain amount of the order, may be re-invoiced the delivery costs corresponding to his effective order, if the latter fell below the threshold of free delivery.
The products must be returned to the seller at the following address: addressed to One Up, 201 rue des Blaches, 38530 LA BUISSIÈRE, France
The products must be returned, accompanied by their purchase invoice, in their original packaging, properly protected. They must be in perfect resalable condition. Any product returned incomplete, damaged, washed, damaged, deteriorated, soiled, even partially will not be refunded or exchanged.
The customer returns the products. We recommend keeping proof of the return to facilitate procedures in the event of a problem arising during transport. Except hypotheses of lack of conformity or hidden defects of the product, the costs of returns are the responsibility of the customer.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
The information and descriptions mentioned for each Product sheet, in particular the photographs, technical characteristics and description, are communicated to the Seller by the manufacturers of the Products.
In accordance with article L.111-1 of the Consumer Code, the Seller's objective is to inform the Customer and enable him to know the essential characteristics of the Product.
However, it is specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site.
The Products supplied by the Seller benefit from:
- The legal guarantee of conformity, for Products that are defective, spoiled or damaged or 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.
Provisions relating to legal warranties
Article L217-4 of the Consumer Code: “The Seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code: “The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the Seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular 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 attention of the Seller and which the latter has accepted. »
Article L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article 1641 of the Civil Code: "The Seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them. »
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
Article L.211-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. »
Article L.211-5 of the Consumer Code: "To comply with the contract, the goods must :
1 - Be fit for the use usually expected of a similar item and, where applicable:
2 - Correspond to the description given by the Seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
3 - Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling (…). »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of these hidden defects from their discovery.
The Seller will reimburse, repair or have repaired the Products or parts under warranty deemed non-compliant or defective.
The responsibility of the Seller cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure
- The photographs and graphics presented on the website are not contractual and cannot engage the responsibility of the Seller
The Seller's warranty is in any event limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the www.qanba-europe.com website are as follows:
Account opening – When creating the Client/user account: Surnames, first names, postal address, telephone number, email address.
Payment – As part of the payment for the Products offered on the www.qanba-europe.com website, the latter records financial data relating to the Customer's/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The categories of co-contractors are: transport providers and payment institutions.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data. To contact the data controller: info@qanba-europe.com
9.4 Limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Client and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the www.qanba-europe.com website have the following rights:
- Update or delete the data concerning them by simple request by e-mail to info@qanba-europe.com
- Delete their account by writing to the address indicated in article 9.3 "Data controller"
- Exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller"
- If the personal data held by the Seller is inaccurate, request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
- Request the portability of data held by the Seller to another service provider
- Oppose the processing of their data by the Seller
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a letter or by e-mail to the Data Controller whose contact details are indiicated above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The Seller is the owner of the intellectual property rights on the website, consisting of elements such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology. and the right to distribute the elements appearing in the catalog of the website and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the catalogue, their use and their provision to third parties are strictly prohibited and are likely to constitute an offense of counterfeiting.
Apart from any solicitation on its part, the Seller prohibits any affixing of a hypertext link to the website. A Customer wishing to place on his personal website a link directly to the home page of the website, must first request the express authorization of the Seller.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These T&Cs and the resulting operations are governed by and subject to French law.
These General 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 prevail in the event of a dispute.
ARTICLE 12 – DISPUTES
For any complaint, please contact Customer Service at the Seller's postal or email address indicated in Article 1 of these GCS.
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is:
The FEVAD e-commerce mediator service
60 Rue de la Boétie
75008 PARIS
France
https://www.mediateurfevad.fr/index.php/espace-consommateur/
Email: mediateurduecommerce@fevad.com
The Customer is also informed that he can use the Online Dispute Resolution (RLL) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng =EN
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the Seller or by mediation, will be submitted to the competent courts under the conditions of law. commmon.
APPENDIX - WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from your order placed on www.qanba-europe.com (Products sold and shipped by the Seller) – except exclusions or limits to the exercise of the right of withdrawal according to the Conditions Terms of Sale applicable. For the attention of One UP.
Form to download > here <