The site's online shop Evo-Spirit.com was set up by Innovation Distribution Service (I.D.S), port de plaisance, 44380 Pornichet, RCS St Nazaire 527 622 813, which is the operator of this site. Any order under a product appearing in the online shop website Evo-Spirit.com implies prior consultation of these general terms and conditions. Consequently, the consumer acknowledges that he/she is fully aware of the fact that his/her agreement to the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website shop.
The consumer has the option of saving or editing these general terms and conditions, it being specified that both saving and editing this document are the sole responsibility of the consumer. Before placing an order, the consumer declares that the purchase of these products is not directly related to his/her professional activity, and that they are for personal use only. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired through the website were in fact related to his or her professional activity. The online shop set up by Innovation Distribution Services as part of the website contains the following information :
1. legal notice enabling precise identification of Innovation Distribution Services
2. presentation of the essential characteristics of the goods offered
3. indication, in Euros, of the price of the goods and, where applicable, delivery charges
4. indication of the terms of payment, delivery or performance
5. the existence of a right of withdrawalDownload the form here
6. the period of validity of the offer or price
7. the conditions under which the contract may be terminated if it is open-ended or for more than one year
8. All this information is presented in French. The consumer declares that he/she has full legal capacity to enter into commitments under these terms and conditions
A question or concern about an order:
Above all, don't hesitate to contact us, we'll do everything we can to make sure you're satisfied : Contact us here
Article 1 :
Full
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept unreservedly all the provisions of these general terms and conditions. No general or specific condition appearing in documents sent or handed over by the consumer may be incorporated into these terms and conditions, insofar as such documents are incompatible with these terms and conditions.
Article 2 :
Object
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Innovation Distribution Services to the consumer.
Article 3 :
Contractual documents
This contract is made up of the following contractual documents, presented in descending hierarchical order : these general terms and conditions; the order form. In the event of any contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4 :
Entry into force - duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company Innovation Distribution Services.
Article 5 :
Electronic signature
The consumer's "double click" on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.
Article 6 :
Order confirmation
Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 7 :
Proof of transaction
The computerised registers, kept in the computer systems of Innovation Distribution Services under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 :
Product information
8-a : On its website, Innovation Distribution Services presents the products for sale with the characteristics necessary to comply with Article L 111-1 of the French Consumer Code, which allows potential consumers to know the essential characteristics of the products they wish to purchase before placing their final order.
8-b : The offers presented by Innovation Distribution Services are only valid while stocks last.
Article 9 :
Prices
Prices are given in euros, including VAT, and are only valid on the date the order form is sent by the consumer. They do not take into account delivery charges of €5 for all orders under €100 and free for orders over €100. Where applicable, delivery charges will be invoiced in addition and will be indicated before the order is validated. Prices take into account T.V.A. applicable on the date of the order and any change in the applicable rate T.V.A. will automatically be reflected in the price of the products in the online shop. At no time may the sums paid be considered as deposits or advance payments.
Article 10 :
Method of payment
To pay for the order, the consumer has a choice of all the methods of payment indicated on the order form. The consumer guarantees Innovation Distribution Services that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form.
Article 11 :
Product availability
The order will be executed at the latest within 3 days of the day following the day on which the consumer placed the order. In the event of unavailability of the product ordered, in particular due to our suppliers, the consumer will be informed as soon as possible and will have the option of cancelling the order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or an exchange of the product.
Article 12 :
Terms of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer is obliged to check the condition of the packaging and the contents on delivery and to report any damage or non-conformity with the order form to the carrier on the delivery slip, as well as to the company Innovation Distribution Services, within one week. The consumer may, at his or her request, have an invoice sent to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. As far as shipping is concerned, we work with Colissimo for all parcels under 30kg and with Sernam for all parcels over 30kg. As soon as we send your order, you will immediately receive an email informing you of the shipment.
THE POST OFFICE
To keep transport costs to a minimum, all small and medium-sized products are sent by Colissimo Suivi. As well as being cost-effective, this service delivers within 48 hours anywhere in France, and gives you the option of collecting your order from a post office close to the delivery address if the postman is absent from the initial delivery address. Specifically, if you are absent on the day of delivery, your postman will leave a delivery notice in your letterbox, allowing you to collect your parcel from your post office during opening hours, within 15 days. Colissimo Suivi is a very reliable service. However, as with any shipment, there may be a delay in delivery or the product may go astray. In the event of a delay in delivery in relation to the date we indicated in the dispatch email, we ask you to inform us of this delay by calling us by telephone or by sending us an email. We will then contact the Post Office to start an investigation. A Post investigation can last up to 21 days from the date of the start of the investigation. If the product is found during this period, it will be sent back to you immediately (in most cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the Post Office considers the parcel to be lost. It is only then that we can send you a replacement product, at our expense. If the product(s) ordered are no longer available at that time, we will reimburse you for the amount of the products affected by the carrier's loss. If the product(s) is/are still available, but the selling price on the site has changed, we will apply the new selling price, either by refunding you by cheque for the difference, or by requesting an additional cheque for the price difference. We accept no responsibility for longer delivery times due to the carrier, particularly in the event of loss of products or strikes.
Article 13 :
Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days of the delivery date, setting out the aforementioned complaints. The consumer must send a copy of this letter by fax or by post to : IDS - 42 route de mahuit - 44380 Pornichet
Article 14 :
Delivery errors
14-a : The consumer must notify Innovation Distribution Services on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected. 14-b : The formulation of this complaint to IDS can be made primarily by telephone at 02.40.11.77.22 or by e-mail to : info@evo-spirit.com 14-c : Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company Innovation Distribution Services of any responsibility with respect to the consumer. 14-d : on receipt of the complaint, Innovation Distribution Services will allocate an exchange number for the product(s) concerned and will communicate this by e-mail or telephone to the consumer. A product can only be exchanged once the consumer has been given an exchange number in accordance with the procedure described above. 14-e : In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to Innovation Distribution Services in its entirety and in its original packaging, by registered Colissimo, to the following address : IDS - 42 route de mahuit - 44380 Pornichet. To be accepted, all returns must be notified in advance to Innovation Distribution Services. Shipping costs are the responsibility of Innovation Distribution Services, except in the event that the product returned does not correspond to the original declaration made by the consumer in the return form.
Article 15 :
Product guarantees
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions of these terms and conditions may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee the consumer against all the consequences of hidden defects in the item sold. The consumer is expressly informed that Innovation Distribution Services is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the producer of the product may be held liable by the consumer, on the basis of the information appearing on the packaging of the said product. The conditions and duration of the manufacturer's guarantee are indicated on the website. Given the frequency with which the components of technical products are renewed, Innovation Distribution Services may, on request, inform the consumer of the availability of spare parts for the products offered and how to obtain them.
The general terms and conditions of sale for consumer contracts include a box setting out the terms and conditions under which, when making an action under the legal guarantee of conformity, the consumer must :
-has a period of two years from the date of delivery of the property in which to take action ;
-may choose between repairing or replacing the good, subject to the cost conditions set out in the contractarticle L. 211-9of the consumer code ;
-is exempted from proving the existence of a lack of conformity for a period of six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The same box reminds us that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Lastly, it points out that the consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of the Consumer Protection Actarticle 1641of the Civil Code, in which case he may choose between rescission of the sale or a reduction in the sale price in accordance witharticle 1644Of the Civil Code.
Article 16 :
Right of withdrawal
Consumers have a period of 14 working days to return, at their own expense, any products that do not suit them. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. All returns must be notified in advance to Innovation Distribution Services, primarily by telephone on 02.40.11.77.22Or by e-mail. The product must be returned by Colissimo Recommandé to IDS - Port de plaisance - 44380 Pornichet. Only products returned in their entirety, in their complete and intact original packaging, and in perfect condition for resale will be taken back. Any product that has been damaged or whose original packaging has been damaged will not be reimbursed or exchanged. This right of withdrawal is exercised without penalty, with the exception of the cost of return. If the right of withdrawal is exercised, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return will be at the consumer's expense. If the right of withdrawal is exercised, Innovation Distribution Services will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product requires technical verification. The consumer will then be reimbursed by bank cheque.
If no amicable agreement can be reached, the Customer may have recourse to conventional mediation or any other alternative dispute resolution method. In accordance with articles L.612-1 et seq. of the French Consumer Code, the Customer may refer the matter free of charge to the Mediator of the French E-Commerce and Distance Selling Federation (Fédération professionnelle du e-commerce et de la vente à distance - FEVAD), either by means of a form that can be downloaded from the FEVAD Mediator's website (http://www.mediateurfevad.fr), or by post to the following address: Médiateur du e-commerce de la FEVAD, 60 rue la Boétie - 75008 Paris, and having read the FEVAD E-Commerce Mediation Charter. To find out how to contact the Mediation officer : http://www.mediateurfevad.fr/index.php/espace-consommateur/.
If they so wish, Customers may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform can be accessed at the following link : https://webgate.ec.europa.eu/odr/.
Article 17 :
Force majeure
Neither party will have failed to fulfil its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances will notify the other within ten working days of becoming aware of the circumstances. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals : blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning; stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 18 :
No partial validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 19 :
No waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 20 :
Title
In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
Article 21 :
Applicable law
These general terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer should first contact Innovation Distribution Services to obtain an amicable solution. Secondly, and in the event of recourse, the consumer may lodge a complaint.
Article 22 :
Information Technology and Civil Liberties
The information requested from the consumer is necessary for the processing of the order and may be communicated to the contractual partners of Innovation Distribution Services involved in the execution of the order. The consumer may write to Innovation Distribution Services, whose contact details are given in the confidentiality charter appearing on the website, to oppose such communication, or to exercise his rights of access and rectification with regard to information concerning him and appearing in the files of Innovation Distribution Services, under the conditions laid down in the law of 6 January 1978.