Terms and conditions of sale
Preamble
These general terms and conditions of sale apply to all sales made on the UL CONTROL website.
The website www.ulcontrol.com is a service provided by:
UL CONTROL, a company with a capital of 73,550 euros, registered with the Aix-en-Provence Trade and Companies Register under the number 947 754 610, with its registered office located at 100 Impasse des Houilleres, ZA Le Pontet Cs50014, 13590 Meyreuil.
Email: contact@ulcontrol.com
The customer declares having read and accepted these general terms and conditions of sale prior to placing the order. Therefore, the validation of the order implies acceptance of the terms and conditions.
Article 1 – Principles
These general terms and conditions express the entirety of the parties’ obligations. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels. They are accessible on the UL CONTROL website and will prevail, where applicable, over any other version or contradictory document.
The seller and the buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions at any time. They will be applicable as soon as they are online.
If any sales condition is missing, it will be considered governed by the practices in force in the remote sales sector where companies have a registered office in France.
Article 2 – Content
These general terms and conditions aim to define the rights and obligations of the parties within the context of online sales of goods offered by the seller to the buyer from the UL CONTROL website.
These terms and conditions only apply to purchases made on the UL CONTROL website and delivered exclusively in mainland France or Corsica. For deliveries to overseas territories (DOM-TOM) or abroad, please send an email to: contact@ulcontrol.com.
Article 3 – Precontractual Information
The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a clear and comprehensible manner, of these general terms and conditions of sale and all the information listed in Article L 221-5 of the French Consumer Code.
The following information is provided to the buyer in a clear and comprehensible manner:
– The essential characteristics of the product;
– The price of the product and/or the method of price calculation;
– And, if applicable, any additional transport, delivery, or postage fees and any other additional fees that may apply;
If the contract is not executed immediately, the date or time frame within which the seller commits to delivering the product, regardless of its price;
– Information relating to the identity of the seller, their postal and electronic contact details, and their business activities, as well as information on legal guarantees, the functionalities of digital content, and, if applicable, its interoperability, the existence and terms of any guarantees, and other contractual conditions.
UL CONTROL allows the customer, prior to placing an order, to request additional information about the products through the online contact form on the www.ulcontrol.com website. UL CONTROL commits to providing the customer with all additional information they may require if they feel insufficiently informed by the descriptions and features of the products sold on the website. However, it is the responsibility of the customer to ensure that the ordered products meet their needs and intended use, and the customer will have informed UL CONTROL of any specific intended use for the ordered goods and will be able to prove that UL CONTROL has agreed to the desired features.
Article 4 – The Order
The buyer has the possibility of placing an order online, from the online catalog, using the form available there, for any product, subject to stock availability.
The buyer will be informed of any unavailability of the ordered product or item.
For the order to be validated, the buyer must accept, by clicking in the indicated place, these general terms and conditions.
The buyer must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered definitive:
– After the seller sends the buyer the confirmation of acceptance of the order by email;
– And after the seller has received the full payment.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute regarding this point will be handled within the framework of any exchange and guarantees mentioned below.
In certain cases, particularly in the event of non-payment, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the issue is resolved, and cannot be held responsible for the inability to deliver the product.
For any questions regarding order tracking, the buyer must send an email to the seller at the following email address: contact@ulcontrol.com.
Article 5 – Electronic Signature
The online submission of the buyer’s credit card number and the final validation of the order will serve as proof of the buyer’s agreement:
– The amount owed under the order form;
– The signature and express acceptance of all actions taken.
In case of fraudulent use of the credit card, the buyer is invited, upon noticing such use, to contact the seller at the following email address: contact@ulcontrol.com.
Article 6 – Order Confirmation
The seller provides the buyer with the confirmation of acceptance of the order by email.
Article 7 – Proof of Transaction
The computerized records kept in the seller’s IT systems in reasonable security conditions will be considered proof of communications, orders, and payments made between the parties.
The archiving of order forms and invoices is carried out on a reliable and durable medium, which can be produced as proof.
Article 8 – Product Information
The products governed by these general terms and conditions are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered subject to stock availability.
The products are described and presented as accurately as possible. However, if errors or omissions occur in this presentation, the seller’s responsibility cannot be engaged.
The photographs of the products are not contractual.
UL CONTROL reserves the right to make any modifications or improvements to its products at any time, as it deems necessary, without this entitling the customer to refuse receipt. UL CONTROL also reserves the right to remove any product listed on its website at any time. Such removal cannot justify any claim for damages from the customer. If a product is removed and the customer does not wish to choose another identical or similar product, the order will be canceled by right, and any payments made will be refunded.
Article 9 – Price
The seller reserves the right to change its prices at any time but commits to applying the rates in effect at the time of the order, subject to availability on that date.
Prices are stated in euros. They do not include delivery charges, which are billed separately unless it is within mainland France, and will be indicated before the order validation. The prices are inclusive of VAT.
If any taxes or levies, particularly environmental taxes, are created or modified, whether increased or decreased, this change may be reflected in the sale price of the products.
Article 10 – Payment Method
This is a paid order, which means that placing the order implies payment by the buyer.
To pay for the order, the buyer can choose from the payment methods available by the seller and listed on the seller’s website. The buyer guarantees to the seller that they have the necessary authorizations to use the chosen payment method when confirming the order.
The seller reserves the right to suspend any order processing and delivery in the event of payment authorization refusal by accredited payment institutions or in case of non-payment.
The seller also reserves the right to refuse delivery or fulfillment of an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
Payment is made in full on the day of the order, using the payment card method through the online payment service provided on the website www.ulcontrol.com, or by bank transfer.
Article 11 – Product Availability – Refund – Resolution
Except in cases of force majeure or during periods of closure of the online store, which will be clearly announced on the website’s homepage, the shipping times will, within the limits of available stock, be as indicated below. The shipping times will start from the date the order is recorded, as indicated in the order confirmation email.
For deliveries in mainland France and Corsica, the delivery time is 10 days from the day after the buyer places their order, as follows: Colissimo. At the latest, the time will be 30 business days after the conclusion of the contract.
For deliveries to the DOM-TOM (French Overseas Territories) or other countries, the delivery terms will be specified to the buyer on a case-by-case basis.
If the agreed delivery date or time is not met, the buyer must, before breaking the contract, instruct the seller to execute it within a reasonable additional time. If the seller fails to execute by the expiration of this new time frame, the buyer may freely cancel the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by written communication on another durable medium. The contract will be considered resolved upon receipt by the seller of the letter or written notice informing them of this resolution, unless the professional has fulfilled the contract in the meantime. However, the buyer may immediately resolve the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.
In such a case, when the contract is resolved, the seller must refund the buyer the full amount paid, no later than 14 days after the date the contract was terminated. A delivery delay may, under no circumstances, entitle the buyer to any damages, late penalties, compensation, or fees of any kind.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer may then choose to request either a refund of the amounts paid within 14 days at the latest from the payment, or an exchange of the product.
Article 12 – Delivery Terms
Delivery means the transfer to the consumer of the physical possession or control of the goods. The ordered products are delivered according to the terms and timeframes specified above.
Products are delivered to the address provided by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.
The buyer may, upon request, obtain the invoice to be sent to the billing address, not the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the buyer to pick up the package at the indicated location and time.
If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it is opened or damaged).
The buyer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product in relation to the delivery slip, damaged package, broken items, etc.).
This verification is considered to be done once the buyer, or a person authorized by them, has signed the delivery slip.
The buyer must then confirm these reservations by registered mail to the carrier no later than three working days following receipt of the item(s) and send a copy of this letter to the seller at the address indicated in the legal notice of the website.
If the products need to be returned to the seller, they must be subject to a return request to the seller within 7 days of delivery. Any claim made after this period will not be accepted. The return of the product will only be accepted if the products are in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery Errors
The buyer must submit a claim to the seller on the day of delivery or at the latest the first working day following the delivery for any error in delivery and/or non-conformity of the products in nature or quality compared to the details on the order form. Any claim made after this period will be rejected. The claim can be made to the email address: contact@ulcontrol.com.
In case of a claim from the customer, they must provide all necessary evidence regarding the reality of defects, non-conformities, deterioration, or missing items.
Any claim not made in accordance with the rules above and within the given deadlines will not be considered, and the seller will be released from all responsibility towards the buyer.
Upon receiving the claim, the seller will assign an exchange number for the product(s) concerned and communicate it to the buyer by email. The exchange of a product can only take place after the exchange number has been assigned.
In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the address indicated in the legal notices on the website. Return shipping costs are at the seller’s expense.
Article 14 – Product Warranty
14-1 Legal Conformity Guarantee
The seller guarantees the conformity of the product sold with the contract, allowing the buyer to make a claim under the legal conformity guarantee provided for in articles L. 217-4 and following of the Consumer Code.
In case of enforcement of the legal conformity guarantee, it is reminded that:
– The buyer has a period of 2 years from the delivery of the product to take action;
– The buyer can choose between repairing or replacing the product, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
– The buyer is not required to prove the non-conformity of the product during the 24 months for new goods, following delivery.
14-2 Legal Warranty Against Hidden Defects
In accordance with articles 1641 and following of the Civil Code, the seller guarantees hidden defects that may affect the product sold. It is the buyer’s responsibility to prove that the defects existed at the time of sale and are such that they render the product unfit for its intended use. This guarantee must be enforced within two years from the discovery of the defect. The buyer can choose between the cancellation of the sale or a reduction in price, in accordance with article 1644 of the Civil Code.
Article 15 – Right of Withdrawal
Exercise of the Right of Withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not meet their expectations and request an exchange or refund without penalty, except for the return shipping costs which remain the responsibility of the buyer.
To exercise their right of withdrawal, the buyer must use the return form provided on the sales website or included with the product.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing them to be resold as new, along with the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal may be exercised online using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately provided to the buyer. Any other form of withdrawal declaration is accepted. It must be unambiguous and express the desire to withdraw.
In the case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be refunded. Delivery and return costs are at the buyer’s expense.
The exchange (subject to availability) or refund will be processed within 48 hours, and at the latest within 14 days of the seller’s receipt of the returned products from the buyer under the conditions outlined above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– For the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and that may occur during the withdrawal period;
– For the supply of goods made according to the specifications of the consumer or clearly personalized;
– For the supply of goods that are likely to deteriorate or expire rapidly;
– For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
– For the supply of goods that, after being delivered, are mixed in an indissociable manner with other items, such as alcoholic beverages where delivery is delayed beyond thirty days, and whose agreed value depends on fluctuations in the market beyond the control of the professional;
– For urgent maintenance or repair work requested by the consumer in their home, limited to the spare parts and work strictly necessary to address the emergency;
– For the supply of audio or video recordings or computer software that have been unsealed by the consumer after delivery;
– For the supply of newspapers, periodicals, or magazines, except for subscription contracts to such publications;
– For the supply of digital content not provided on a physical medium, where the performance has started after the consumer’s express prior agreement and express waiver of their right of withdrawal.
Article 16 – Force Majeure
Any circumstances beyond the control of the parties preventing the normal performance of their obligations are considered as causes for the exemption of the parties’ obligations and result in their suspension. The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence as well as their cessation.
Force majeure events will include all irresistible events or circumstances, external to the parties, unforeseeable, unavoidable, independent of the parties’ will, and which cannot be prevented by the parties despite all reasonable efforts. Specifically, the following are considered force majeure or fortuitous events, in addition to those commonly accepted by the case law of French courts: transportation or supply blockages, earthquakes, fires, storms, floods, lightning, telecommunications network outages, or difficulties related to telecommunications networks external to the customers.
The parties will meet to assess the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure event lasts longer than three months, the present terms and conditions may be terminated by the affected party.
Article 17 – Intellectual Property
All texts, comments, illustrations, and images reproduced on the website www.ulcontrol.com are reserved and are the exclusive property of UL CONTROL or its suppliers. They are protected by copyright and intellectual property rights worldwide. The drawings, models, patents, plans, and, generally, all documents of any kind provided or sent by UL CONTROL to the client are the exclusive property of UL CONTROL or its suppliers.
As a result, the elements or documents mentioned above may only be used for strictly private purposes unless prior written authorization from UL CONTROL is obtained. They cannot be executed, reproduced, or subject to any claims of intellectual property rights of any kind without the express, prior, and written consent of UL CONTROL.
The images presented on the site represent the product delivered to the customer. Changes in purchases and manufacturing modifications may lead to differences between photos and the products delivered, without UL CONTROL being held responsible. The photographs and illustrations presented on the site are not contractually binding.
Article 18 – Data Protection
The personal data provided by the buyer is necessary for processing the order and for issuing invoices. This data may be communicated to the seller’s partners responsible for order execution, processing, management, and payment. UL CONTROL undertakes not to share the information transmitted by the client with third parties, other than those mentioned above, as these are confidential.
In accordance with the French Data Protection Act of January 6, 1978, the buyer has the right to access, modify, correct, and oppose the information concerning them. This right can be exercised through the contact form available on the UL CONTROL website.
Article 19 – Partial Invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such under a law, regulation, or as a result of a final court decision, the other provisions will remain fully in effect.
Article 20 – Non-Waiver
The failure of either party to invoke a breach by the other party of any obligation in these general terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.
Article 21 – Titles
In case of difficulty in interpreting any of the titles in the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 – Language of the Contract
These general terms and conditions are written in French. In case they are translated into one or more foreign languages, only the French text shall prevail in case of a dispute.
Article 23 – Mediation
The buyer can resort to conventional mediation, particularly through the Consumer Mediation Commission or through existing sectorial mediation bodies, or any alternative dispute resolution methods (such as conciliation) in case of a dispute.
Article 24 – Applicable Law
These general terms and conditions are subject to French law. The competent court is the district court for disputes where the amount is equal to or less than 10,000 euros, or the court of first instance for disputes exceeding 10,000 euros. This applies to both substantive and procedural rules. In case of a dispute or claim, the buyer should first contact the seller to reach an amicable solution.
Article 25 – Protection of Personal Data
Data Collected:
The personal data collected on this site includes:
– Customer account creation: name, surname, email address, postal address.
– Payment: financial data related to the user’s bank account or credit card for the payment of products and services offered on the website.
Use of Personal Data:
The personal data collected from users aims to provide the services of the website. Specifically, the uses include:
– Purchase of product(s) on the website by the user.
– Organization of the payment service conditions.
– Management of any disputes with users.
Sharing Personal Data with Third Parties:
Personal data may be shared with third-party companies in the following cases:
– When the user uses payment services, the website is in contact with third-party financial and banking companies with whom it has contracts.
– When the user authorizes a third-party website to access their data.
– When the website uses third-party service providers for user assistance, product delivery, and payment services. These providers have limited access to the user’s data within the scope of providing these services and are contractually obliged to use the data in compliance with applicable personal data protection laws.
– If required by law, the website may transmit data to follow up on claims against the website and comply with administrative and judicial procedures.
– If the website is involved in a merger, acquisition, asset sale, or judicial recovery process, it may need to transfer or share all or part of its assets, including personal data. In such cases, users will be informed before their personal data is transferred to a third party.
Security and Confidentiality:
The website implements organizational, technical, software, and physical security measures to protect personal data from alterations, destruction, and unauthorized access. However, it is noted that the internet is not a completely secure environment, and the website cannot guarantee the security of data transmission or storage on the internet.
Exercise of User Rights:
In accordance with applicable personal data protection laws, users have the following rights, which they can exercise by submitting a request to the following address: contact@ulcontrol.com:
– Right of access: Users can exercise their right of access to know the data concerning them. Before implementing this right, the website may ask for proof of the user’s identity to verify its accuracy.
– Right to rectification: If the personal data held by the website is inaccurate, users can request the update of their information.
– Right to erasure: Users can request the deletion of their personal data, in accordance with applicable data protection laws.
– Right to restriction of processing: Users can request the website to limit the processing of personal data in accordance with the scenarios provided by the GDPR.
– Right to object to data processing: Users can object to their data being processed according to the scenarios provided by the GDPR.
– Right to data portability: Users can request that the website provide them with the personal data they have provided in order to transfer it to a new website.
Changes to this Clause:
The website reserves the right to make any modifications to this clause regarding the protection of personal data at any time. If a modification is made, the website commits to publishing the new version on its site. The website will also inform users of the change via email at least 15 days before its effective date. If the user disagrees with the new terms of the data protection clause, they have the option to delete their data.