GENERAL TERMS AND CONDITIONS OF SALE
The website accessible on www.https://pros-r.com/gb/ (hereinafter the “Site”) is operated by:
The company SMILAIR MGW, Simplified Joint Stock Company, with capital €127,710.00
Headquarters: 7, rue de la Chasière - 78490 MERE
Registered with the RCS of Versailles, under number 803 648 047.
Legal representative: Mr. Richard CHANTEREAU, as President
Hereinafter referred to as “PROS-R SYSTEM”.
Intellectual property
- All the elements constituting the skeleton of the site (photos, images, logos, flash® animations, modeled elements, etc.), as well as the technological elements (software creations, administrative back office, services offered, etc.) are protected by the Copyright and are the exclusive property of their respective authors, except in the limited cases of complete or partial transfer of rights in favor of the company SMILAIR MGW.
- The contents of the PROS-R SYSTEM site (texts, articles, etc.) are the exclusive property of their authors and cannot be reproduced or exploited without their consent. SMILAIR MGW only authorizes the reproduction of extracts from its articles via the RSS feeds present on its sites. In accordance with the provisions of article L. 122-4 of the Intellectual Property Code, any reproduction of partial or total content of the site is prohibited, whatever its form (reproduction, nesting, distribution, "inline linking" techniques). " and "framing"...). Direct links established to downloadable files (whatever their format) present on our site are also prohibited.
If you wish to establish a link with our site, and before setting it up, please contact the Customer Relations Department by email info@pros-r.com before setting up the link pointing to our site or its content.
- The texts from external sources were reproduced with the implied or explicit agreement of their respective authors. As such, mention is made on the website of the respective sources and authors.
Status of links and content
External links
The links present on the site (direct links, permalinks, partner links, etc.) redirect the user to sites whose content is under the responsibility of the editors of said sites. Under no circumstances can PROS-R SYSTEM and the company SMILAIR MGW be held responsible for the content of these sites. As we attach particular importance to the legality of the content of the sites to which our links point, we ask you to kindly notify us of any content that may seem illegal to you on the sites to which links have been set up.
Contents
The contents of the sites published by the company SMILAIR MGW have been developed with the greatest care. As such, no illicit or defamatory content is broadcast on them. Furthermore, they do not present any character that could be considered "misleading advertising" within the meaning of articles 121-2 et seq. of the Consumer Code.
Advertisements on sites
Advertisements may be displayed on our sites. These may come from external sources (third-party affiliate management platforms, Google® ads, etc.) or be managed by our own advertising agency. PROS-R SYSTEM and the company SMILAIR MGW cannot be held responsible for the “misleading or aggressive” nature of advertisements from external sources.
Concerning advertisements governed by PROS-R SYSTEM and the company SMILAIR MGW, the latter will reserve the right not to broadcast advertising of a manifestly misleading nature within the meaning of articles 121-2 et seq. of the Consumer Code.
Computing and Freedom
In accordance with CNIL recommendation 2005-284, this website has not been declared as such. However, all current or future data processing concerning said site has been or will be declared to the CNIL.
The above-mentioned processing complies with NS48 of 06/07/2005 published by the Commission Nationale Informatique et Libertés (CNIL). You can find the complete characteristics by consulting our “data protection” section.
In accordance with articles 38 and 40 of law 2004-801 of 08/06/2004, you have the right to access, rectify and delete data concerning you.
This right can be exercised online by sending an email via our contact form or by post to the following address: 7, rue de la Chasière – 78490 MERE
Conditions for exercising the right of access (right cannot be exercised on site)
Before sending you personal data, we will ask you to provide us with proof of your identity. If you are unable to prove your identity, we reserve the right to refuse to send you personal data concerning you.
In accordance with decree 2007-451 of 03/25/2007, your request will be satisfied within a maximum of 2 months, subject to its non-abusive nature. A lump sum not exceeding that corresponding to the reproduction of the documents will be invoiced to you following your request.
Concerning the rights of rectification and deletion: the prerequisites are identical to those concerning the right of access.
Accommodation
All our sites are hosted on the company's servers: OVH
Customer service
The PROS-R SYSTEM Customer Relations department can only be reached electronically (email), at the address contact@pros-r.com or by telephone at 33(0)9 72 47 93 35 at the following times: Monday to Friday 8:00 a.m. to 6:00 p.m.
Given the large number of calls received, requests are classified and processed in order of priority. Thus, a non-urgent call is processed within a maximum of 48 working hours.
Contact
You can contact us at the address contact@pros-r.com for any inquiries.
Protection of site data www.https://pros-r.com/gb/
Preamble
This policy sets out how we treat the information we collect about you when you visit our site.
We attach the utmost importance to respecting the privacy and individual data of our users.
We also attach great importance to protecting your privacy and personal data in how we create, organize and implement our online and offline activities. In order to maintain maximum protection for personal data we process, our sites and the entities administering them will comply with the principles designated in:
• The OECD Council Recommendation on Guidelines for the Protection of Privacy and Transborder Flows of Personal Data (C(80)58/FINAL).
• European directive 95/46/EC on the protection of personal data
• The French Law 78-17 as amended by the Law 2004-801 of 06/08/2004 (the French Law on Information and Freedoms) and its implementing decrees
Administration des sites
The site you are currently visiting www.https://pros-r.com/gb/ is administered from our headquarters in France.
Status of links
The specific practices described in this privacy policy statement relate only to the aforementioned website. External links from other bodies/entities linked to the company SMILAIR MGW may be present on our sites, for editorial, partnership, advertising and payment purposes. We draw your attention to the fact that we are not responsible for the privacy policy and the content of external sites.
As such, we recommend that you review the privacy policy statements of other bodies/entities when visiting their website(s). However, we try to do our best to study the content of our partners' and advertisers' sites prior to any collaboration.
Specifications on use and data collection (recorded information automatically)
You can consult our website without disclosing any personal information. However, some services you use require the collection and retention of a number of automatically recognized items. The collection of this data is done using cookies, intended to improve our services, and which can also be used to establish statistics. A cookie is an element of data sent to your browser from a website and stored on your hard drive.
Cookies are present in the private areas of our sites (if the user registers there); they are used to save the visitor's password so that he does not have to
re-enter on each new visit. These cookies may include the following information:
- IP address
- Some categories requested when registering: Nickname, Name, First name, Email Address, Date of birth ...
- If the user has authenticated at least once, the login page remembers the “username and password”, these two elements are encoded and added to the “cookie”.
- If a user registered in one of our private spaces returns to the site without identifying themselves, the elements listed in the "cookie" allow to recognize it (unless it has manually deleted cookies, in which case the server will automatically generate a new cookie).
We inform you that you can oppose the recording of “cookies” by configuring your browser. To find out what procedure to follow depending on the browser you are using, please consult the browser's help section.
Collection and use of voluntary data
It is not essential to register on our site. You can consult this even if you do not wish to register or provide personal information, but in this case you will not be able to purchase online, receive newsletters by email, or contact us electronically. We respect your will, and will never collect personal data concerning you without an explicit agreement on your part.
If we collect data that you communicate to us during the creation of your private spaces, within the framework of orders, surveys, competitions or other forms, as well as in the emails that you send to us, we We can extract anonymous pieces of information and combine them with others.
This information, which can only be used and analyzed in aggregate form, is used to better understand certain trends and usage profiles. They are never processed individually. If you do not want your transaction information to be used in this way, you can either disable your cookies or stop registration at the query level.
All data processing relating to our customers and prospects using our website complies with Simplified Standard No. 48 of 06/07/2005 published by the CNIL. To find out the details of this processing (recipients, purposes, retention period, data processed), please click here.
These data treatments have been implemented by our controller of the treatments you will find in the section "legal mentions".
Protection of data of minors
The use of our site is reserved for major people. Any data collection that may be carried out with minors must be the subject of parental authority information, which has the ability to object to any processing of such data.
However, any adult holding parental authority may, under their responsibility, offer the use of our site and associated services to their minor child.
Free choice of visitor
We collect personal data if it is provided voluntarily when you use our services. You can choose to create a private space on our sites, to receive promotional emails or marketing information from ourselves or our partners by choosing the desired options when you register.
All our registrations respect the principle of active Opt-In or Double Opt-In and always require voluntary action on your part. If you choose to register or order, the information you provide will be accessible to the personnel of our entities, as well as to authorized third parties who will use it in the context of event management.
If you don’t want to receive any promotional information or marketing information from us or our partners, you just need to let us know by e-mail as mentioned in the “legal mentions” section or by using the unsubscribe link provided at the bottom of each newsletter.
We also provide you with several means of joining us to exercise your rights or to demonstrate your willingness to transmit personal data (e.g., non-exhaustive list):
- By checking a box at the location on your site where the data is collected (active opt-in)
- By confirming a voluntary action by email (double Opt-In)
- By placing an order in accordance with the provisions of the LCEN
- By sending an electronic message
- Sending postal mail
- By dialing a phone number
Privacy and security
Our concern is to preserve the quality and integrity of your personal information. The technologies and security policies applied by us and our technical service providers protect the personal data of our users against unauthorized access, improper use, alteration, malicious or accidental destruction and unintentional loss of data. .
We continually improve our security procedures as technology evolves to maintain a maximum level of protection. On our site, the transmission of your following personal data is secure according to different protocols guaranteeing the highest degree of protection in line with existing technology and the category of personal data transmitted:
- Category 1: primary personal data (name, email, contact information....)
- Category 2: Other personal profile data (description, leisure, tastes....)
- Category 3: identifiers (credit card number, private space identifiers, etc.)
All our employees, subcontractors and authorized third parties who have access to the data or are associated with their processing are required to respect the privacy of our visitors, customers and prospects.
We guarantee that your personal data will not be communicated to government institutions or authorities, except in cases provided for by law or regulation.
Self-assessment
In order to maintain the highest degree of protection for personal data that we have on our visitors, customers and prospects, we regularly submit to an auto-assessment. This self-assessment is carried out by the treatment manager and covers both technical and organizational measures.
It also focuses on the regular relationship we have with our authorized subcontractors, partners and third parties regarding their data protection policy.
Right to access, rectification, deletion
In accordance with articles 38 and following of Law 78-17 as amended, you have the right to access, rectify and delete data concerning you.
Regarding the right of access:
Before sending you personal data, we will ask you to provide us with proof of your identity.
If you are unable to prove your identity, we reserve the right to refuse to send you the personal data concerning you.
We strive to respond to these requests in a timely manner.
Concerning the rights of rectification and deletion: the prerequisites are identical to those concerning the right of access.
Notification of changes
The creation of new services on our sites may require modifications to this Privacy Policy Statement. In this case, we will notify these changes in this section. We will also report these amendments to CNIL if necessary.
Contact
For any questions regarding our data protection policy, please contact us by one of the means made available to you in our “legal notices” section.
General terms and conditions of the site www.https://pros-r.com/gb/
Preamble
You are currently connected to one of the sites administered by the company SMILAIR MGW. The purpose of this document is to inform you about the PROS-R SYSTEM website and its general conditions of online sale (Contractual Conditions).
You must carefully read the provisions that will follow, as they constitute an electronic contract establishing the general terms and conditions of sale of the PROS-R SYSTEM e-shop.
The “Double-click” that you execute after completing your order form constitutes validation of it and will constitute irrevocable acceptance of these Contractual Conditions when your order has been validated.
Accordingly, you can only order products and/or services if you accept all the conditions provided below.
The Internet user (natural person having the capacity to contract) and PROS-R SYSTEM are hereinafter referred to as "the parties", and individually "the party".
Definitions
In this contract, each of the expressions mentioned below will be defined within the meaning of its definition:
- “the company”: SMILAIR MGW
- Distance Contract": any contract concerning the order of goods and/or services between the company (*) and a customer (*) within the framework of a system of sale or remote service services organized by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- “client”: any natural person who, in this contract, acts in a private capacity or as a representative of a legal entity and who has the right to contract.
- “order form”: document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by “double click” (*) to commit him.
- Order": an act by which the customer undertakes to purchase products and/or services and the company (*) to deliver them and/or provide them.
- Product": well sold or service provided by the company.
- Double click": reiteration of the validation of the order voucher by the customer. A completed and validated order is never taken into account without the customer’s confirmation. This confirmation can be made by means of a check box that accepts the Contractual Conditions, or a confirmation message from the order.
Company
- Company name: SMILAIR MGW
- Status company: SAS
- Capital: 127 710.00 euros
- Siret: 803 648 047 00055
- Code APE: 3314Z
- Intracommunity VAT number: FR 35 803 648 047
- Rate: 20%
- Address: 7, rue de la Chasière – 78490 MERE
- Telephone: +33(0)9 72 47 93 35
- E-mail address: contact@pros-r.com
Subject
This contract is an electronic distance selling contract which aims to define the rights and obligations of the parties in the context of the sale of products offered by the PROS-R SYSTEM site. In this sense, it complies with current French regulations, namely:
- Law 2004-575 known as the Law for Confidence in the Digital Economy.
- Law 2008-3 of January 3, 2008 for the development of competition for the benefit of consumers.
- Recommendation No. 07-02 of the Commission on Unlawful Clauses on Contracts for Mobile Sale entered into by the Internet
It also complies with OECD recommendations in the field of electronic commerce.
Protection of minors
Our company attaches particular importance to the protection of minors in the context of its online commercial activity. Although minors can act alone in cases where the law or custom authorizes them to act alone (art. 389-3 c. civ.), and this in particular for purchases of low value, it seems essential to us to try by any means to verify that the customer has the authority to contract.
To this end, we may ask any customer placing an order on our site to prove their capacity to contract, in compliance with the obligations linked to Law 78-17 as amended.
In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise their legal representatives to rescind (cancel) the sale under article 1305 of the Civil Code.
Products
The products offered by the company SMILAIR MGW are presented on the sites in French. Any national of the European Community and countries respecting directive 95/46/EC cannot claim lack of linguistic knowledge as a clause for cancellation of the contract.
Products offered directly by SMILAIR MGW are those listed on the website www.https://pros-r.com/gb/, on the day of consultation of said site by the Internet user, and within the limits of available stocks.
The illustrations presented on the site reflect the products on sale there, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colors of the Internet user's screen, etc.).
Due to the specificity of the internet network, the company does not guarantee on its website the availability of all products in real time. In the case of a temporary or final non-availability of one of the products, the company will inform the Internet users via its site or the sending of an email to a valid email address provided by the customer. The company will then offer you the replacement of the product ordered by an equivalent product (quality and price), or an asset, or exercise your right to resolution (removal of your order).
Product identification
The photographs, texts, graphics and technical data sheets are for the most part taken from documentation developed by the manufacturers or constructors, reproduced under their control and with their agreement.
The photos on the PROS-R SYSTEM site may be different depending on arrivals, for example, the color of the product.
Prix
Product prices may be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.https://pros-r.com/gb/.
In the event of an obvious typographical error, leading to the display of a "low price", the sale may be canceled, as mentioned in the article "Execution of the order".
The prices mentioned are in Euros (€), presented excluding VAT and including VAT and include costs related to order processing.
Delivery rates are the responsibility of the customer, unless otherwise stipulated during the ordering process. The different delivery options (accompanied by their prices) are presented during the ordering process and specified during the summary thereof.
Payment of the entire price must be made no later than delivery of the products, unless otherwise specified during the order process and mentioned on the invoice.
In the event of delivery of products outside French territory, customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise indicated. The Customer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
Order and Payment
Any order form signed by the Customer by “double click” constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in this contract in the articles “Right of withdrawal” and “Execution of the order”. Any agreement to a quote sent by email to the customer, and returned to SMILAIR MGW with explicit agreement also constitutes irrevocable acceptance.
The order process complies with the provisions of article 1369-5 of the Civil Code.
- Any Internet user wishing to validate their order must identify themselves by completing the appropriate form provided on www.https://pros-r.com/gb/. This identification is done in strict compliance with Law 78-17 amended as indicated in our “Data Protection” section.
- After checking the content of his order, as well as the total cost of it (products ordered, shipping costs, possible eco-participation, optional options), and correcting any errors, the Internet user will definitively confirm it. This confirmation will be worth conclusion of the contract.
- The contractual information will be the subject of a confirmation email sent to the customer no later than 48 hours after it is placed and subject to the provision, by the customer, of a valid email address, not subject to change. No restrictions on use (professional email address for example). In this case, the company cannot be held responsible for sending contractual and/or advertising information to an email address with restricted access.
To pay for their order, the Customer has their choice of all the payment methods referred to in the order process and presented on the company's website. He guarantees to the company that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order.
In the case of payment by credit card, he must transmit his bank card number, depending on the type of the latter, the expiry date of the latter as well as the cryptogram number (3-digit number appearing on the back of the card). Bank card).
SMILAIR MGW guarantees that payment is secure by encryption S.S.L. (Secure Socket Layer) in order to protect all data linked to payment methods as effectively as possible. The company guarantees that the cryptology means and services used to secure transactions have been authorized or declared in accordance with the legislation in force.
In the event of payment by card, the provisions relating to fraudulent use of the means of payment provided for in the agreements concluded between the Customer and the card issuer and between the company and its banking establishments apply, in accordance with the article 132-4 of the Monetary and Financial Code.
If the only method of payment is payment by credit card, final validation of the order occurs upon full payment (except for special provisions) thereof.
Delivery
Delivery time
The company guarantees that deliveries will be made according to the conditions guaranteed by the carrier service providers (except in cases of force majeure within the meaning of case law), and indicated on the site www.https://pros-r.com/gb/, or during the ordering process.
In the event of a delivery delay, please inform the company by contacting customer service or by sending an email to info@pros-r.com.
Incomplete or non-compliant delivery (due to the carrier)
ATTENTIONBEFORE ACCEPTING YOUR DELIVERY, PLEASE CHECK THE STATUS OF YOUR PACKAGES.
Damaged package, check the condition of the goods.
- Open package, check if missing part
- Heavy packages, heavy packages may be damaged without the cardboard being damaged, so check your goods in front of the carrier.
- The carrier has an obligation to wait for your verification of the goods.
- In case of anomaly refuse your parcel.
- Otherwise no claim will be possible !
The package may be damaged wherever the contents of the package have been partially or totally derailed.
If you notice such an error, please mention it on the carrier's slip and refuse the product by sending it back to us accompanied by a report 170 called "spoliation report". In the event that you become aware of this error after the departure of the carrier, please report it to us by email to the address info@pros-r.com or by phone +33 (0)9 72 47 93 35 within 24 hours of receipt of the order.
Incomplete or non-conformal delivery (due to society)
Despite the care given to the preparation of the orders, a product may be missing in it, or an error occurred during the preparation.
If you notice such an error, please report it to us as soon as possible within 24 hours of receipt of the order. This report can be sent by mail to contact@pros-r.com or by phone +33 (0)9 72 47 93 35.
Lost
If a parcel is lost by one of our carriers, please inform us as soon as possible.
The company will conduct an investigation with the services concerned.
Right of withdrawal
In accordance with Article L221-18 of the Consumer Code, the customer has a period of seven (14) free days to exercise his right of withdrawal. This deadline is short from the receipt of the order by the customer.
In order to facilitate the processing of its return, the customer will be able to contact the company by email to obtain a return number before reshipment. This condition does not entail the cancellation of the right of withdrawal.
Return shipping costs will remain the full responsibility of the customer. The products must be returned complete, in a condition suitable for their re-marketing.
The product(s) must be returned in its original packaging, undamaged, unused and in its original condition accompanied by any additional documentation and accessories provided, as well as the invoice.
Any failure to comply with this obligation will result in non-reimbursement of the product(s) concerned.
Reimbursement of the product(s) returned within the legal period will be made by credit on a bank card, by cheque, transfer or in the form of purchase vouchers on the PROS-R SYSTEM site as soon as possible.
You are reminded that this right of withdrawal cannot be exercised for personalized products.
With the exception of products falling within a hidden or non-compliant vice to the order, the professional buyer does not have any right to retraction or order cancellation. Any return of products is subject to the prior agreement of SMILAIR MGW.
Export commands
For orders linked to export, these are sent in DAP (duties and taxes payable by the recipient)
Right to resolution
In accordance with article L. 216-2 of the Consumer Code, we will inform you when you order the maximum delivery date. In the event that this delivery date is exceeded by 7 working days (except in cases of force majeure within the meaning of the Law), you will have the right to cancel your order by Registered Letter with acknowledgment of receipt within a period of time. 60 days following the initial delivery date. In this case, we will reimburse you for the full amount paid (excluding any return costs), and this within a maximum period of 30 days following receipt of your LRAR.
Order execution
The company reserves the right to refuse the order for a “legitimate reason” (as defined by the case law), and in particular (without limiting this list) in the event of unavailability of the product, impossibility of performing the service, improper application of the customer, presumption of impossibility for the customer to contract or manifest intent for the customer to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a "low price", at the time of the order placed by the customer. In the case of a difference in interpretation between "low price" and "low price", concerning the price displayed on the website at the time of the customer's order, the latter may request the intervention of a third party, as provided for in the article “Applicable law”.
The order will be executed at the latest within a period not exceeding 7 days from the expected date of delivery of the product or service mentioned when ordering subject to acceptance thereof by the company.
For deadlines concerning different types of services (personalization, etc.), please contact us.
An invoice will be automatically sent to the customer when ordering. This will be sent to the email address indicated by the customer when ordering, unless otherwise indicated by the customer.
Mediation
https://www.mediation-conso.fr/
Guarantee
Article L217-4
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-7
Defects of conformity that appear within twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless otherwise proven.
For goods sold second-hand, this period is set at six months.
The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-12
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Contractual guarantee
The customer has a contractual guarantee on the products supplied by the company. This warranty is displayed on www.https://pros-r.com/gb/ and its duration varies according to the category of products ordered.
Additional warranty services may be offered to you depending on the products ordered. Their scope of application and pricing will be specified to you during the ordering process.
Legal guarantee
In accordance with articles L 217-4 et seq. of the Consumer Code, as well as articles 1641 and 1648 of the Civil Code, the Internet user also benefits from a guarantee allowing him to return defective products delivered
- Article L217-4 consumer code
The seller is required to deliver a property in accordance with the contract and responds to any existing compliance defects during the delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
- Article L217-5 consumer code
To comply with the contract, the property must:
1º Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model ;
- present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling ;
2º Or present the characteristics defined by mutual agreement by the parties or be 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 consumer code
The action resulting from the lack of conformity is prescribed by the action representing two years from the delivery of the goods.
- Article 1641 civil code
The seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is intended, or that so diminish this use, that the buyer would not have acquired it, or would have given it only a lesser price, if he had known them.
- Article 1648 al 1st Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within one year of discovery of the defect.
Contractual guarantees from manufacturers:
Product Warranty
The provisions of these shall not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee against all the consequences of hidden defects of the thing sold.
The consumer is expressly informed that the SELLER is not the manufacturer of the products presented on the SELLER SITE and that the SELLER disclaims all liability for defective products.
Consequently, in the event of damage caused to a person or to property due to a defect in the product, only the liability of the manufacturer thereof can be sought by the consumer, on the basis of the information appearing on the packaging of said product.
All products sold benefit from a manufacturer's warranty, the terms and conditions of which vary from one supplier to another.
Excluded from the guarantee is the reimbursement of all return costs, travel costs, labor, damage resulting from delay or loss of profit or any other indirect damage, whether material or immaterial.
Responsibility
SMILAIR MGW is responsible for the proper execution of the obligations resulting from the contract concluded remotely, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against them.
SMILAIR MGW cannot be held responsible for the non-performance of the contract concluded, following the occurrence of a force majeure event (as defined by the Act) and in particular in the event of a total or partial strike of postal services, carriers, and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of the said contract, because, unpredictable and insurmountable, of a third party outside the provision of the intended benefits. With respect to products purchased to meet professional needs, SMILAIR MGW will not be liable for any indirect damage as a result of these, loss of operation, loss of profit, damage or expenses, which may arise.
The choice and purchase of a product or service are placed under the sole responsibility of the customer. The total or partial impossibility of using the products in particular because of incompatibility of the material cannot result in any compensation, reimbursement or questioning of the liability of SMILAIR MGW, except in the case of a proven hidden defects, non-compliance, defect or exercise of the right of withdrawal.
Eco-Participation
Our site presents electrical and electronic products. In accordance with the Decree of July 20, 2005 relating to the composition of electrical and electronic equipment and the elimination of waste from this equipment, the company provides you with a specific collection system based on the “1 for 1” principle.
Terms:
You can deposit your electronic and/or electrical products with a selective collection organization: darts, Emmaus association, Envie association
Additional information
The information requested by the Customer is necessary for processing his order and may be communicated to the company's contractual partners (comptables, lawyers....). They may also be transmitted to any competent authority for the settlement of disputes between the company and one of its clients.
The customer can consult in our "data protection" section the characteristics of the personal data processing used via the site www.https://pros-r.com/gb/.
The customer can also exercise his rights of access, rectification and opposition according to the terms mentioned in the “Data Protection” and “legal notices” sections of the company.
Double-Clic" and proof
The “double click” associated with the procedure of authentication and non-repudiation of the customer when ordering and acceptance of these Contractual Conditions constitutes validation of the order and conclusion of the contract, in accordance with the provisions of article 1369 -5 of the Civil Code.
Computerized records, stored on the company's servers as well as on the servers of its banking institutions, will be considered refragable presumptions (refutables) of communications, orders and payments made between the parties.
Retention and archiving of documents
The archiving of transaction data is carried out on a reliable and durable medium, in accordance with article 1348 of the French Civil Code.
It is therefore carried out in accordance with the AFNOR Z 42-013 standard for the design and operation of computer systems to ensure the conservation and integrity of records stored in these systems.
Contract integrity
These general conditions express the entirety of the obligations of the parties.
No general or specific conditions communicated by the Customer may be incorporated into these general conditions, except in the event of prior agreement between the parties prior to the conclusion of the contract.
The fact that the company does not take advantage of a breach by the Client of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question.
The company reserves the opportunity to adapt or modify at any time these Terms and Conditions. In the event of an amendment, the Contractual Conditions in force on the day of the order will be applied to each order. The company will also keep on its servers all the timed versions of the Contractual Conditions.
Reserve of property
The products delivered to the customer remain the property of the company until the contract has been fully executed. On the other hand, the transfer of risks takes effect upon actual delivery of the products and/or services ordered on the electronic store.
The documents provided to the client are governed by the Intellectual Property Code. They therefore remain the property of the company. It is therefore prohibited to reproduce, transfer, or exploit the documents provided without the consent of the company.
Applicable law
This contract is subject to French law, in accordance with European directives.
It is so for both substantive and formal rules. In the event of a dispute, companies will favour friendly settlement.
This search for an amicable solution in no way interrupts the deadlines for acting under guarantee.
Otherwise, and in accordance with the provisions of articles 46 to 48 of the NCPC, the French courts will have sole jurisdiction.