Effective as of 12/09/2023
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The present terms and conditions apply to all use of the https://lentrepotbrocante.com website by individuals or legal entities, of legal age and/or legally capable.
This document applies, without restriction or reservation, to all sales concluded between the Parties in France and abroad. No special conditions may prevail over these General Terms and Conditions of Sale, except in the case of a formal written exception signed by the Customer and the Seller. Should any clause of the present General Terms and Conditions of Sale be null and void, the other clauses shall not be rendered null and void.
Any use of the Site implies that the User has read and accepted these terms and conditions. Prior to validating any order, the User must acknowledge having read and accepted the General Terms and Conditions of Sale (GTCS). No handwritten signature is required for this purpose. In any event, the GCS can be accessed at any time from the Site. The Vendor reserves the right to modify them in order to adapt them to the terms and conditions of sale and operation of the Site and of a Product.
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The micro enterprise L’entrePot EI is domiciled at 19 rue Sainte-Croix, 61400 Mortagne-au-Perche.
The Seller can be contacted :
By e-mail at the following address: contact@lentrepotbrocante.com
By telephone: 0670933827
By regular mail to the following address: 19 rue Sainte-Croix, 61400 Mortagne-au-Perche
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The Seller is engaged in the business of The Seller is engaged in the business of selling second-hand goods.
The Seller does not in any way manufacture the products, but only resells them.Thus, in the course of its business, the Vendor is required to call upon external professionals for the production, packaging and conservation of the products, which the Customer acknowledges and accepts.Within the framework of its services, the Service Provider may call upon external professionals, which the Customer accepts and acknowledges.
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Prices are freely determined by the Vendor.The prices charged are those in force on the day of the order and communicated by the Vendor.Any additional charges or surcharges may apply in the event of specificity due to the nature of the Product, or due to the Customer’s requirements, delivery terms or other.
In any case, the total amount is indicated to the Customer prior to order validation and payment. Failing this, any surcharges that may be applied will be expressly specified to the Customer. Prices are in euros and are indicated exclusive of tax (HT).
No reminder is required for the application of late payment penalties, which run automatically from the 1st day of late payment. Penalties are calculated by applying three times the legal interest rate in force at the time of the incident to the outstanding sums. In addition, a fixed indemnity for collection costs of 40 euros will be applied in accordance with article D 441-5 of the French Commercial Code.
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The customer selects the method of payment at the end of the order process, and has the option of paying by :
- Check
- Cash
- Credit card
- Paypal
- Bank transfer
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6.1 –
The Products are those appearing on the Vendor’s list or catalog or those proposed by the Vendor to the Customer according to the Customer’s request and requirements.
6.2 –
Any purchase or order of one or more Product(s) by a Customer is made on request and subject to availability of the desired reference(s).All requests must be made by the Customer :
- By telephone
- By e-mail
- Via the website
- At the Seller’s place of business
6.3 –
The Product(s) is (are) delivered by hand at the time of purchase or order, or at a later date in accordance with the terms agreed between the Parties.
Delivery takes place in accordance with the Customer’s instructions and/or selection at the time of ordering.
The Vendor will communicate all information relating to delivery tracking as soon as the order has been dispatched. The Vendor undertakes to respect the announced delivery times. Any delay in the preparation and dispatch of the order will be notified to the Customer by e-mail, telephone or SMS.
Delivery will take place in accordance with the delivery method indicated to the Customer or selected by the Customer at the time of ordering. Products are dispatched by a third party who will communicate to the Vendor all information relating to delivery tracking as soon as the order has been dispatched. On receipt of this information, the Vendor will send it to the Customer. The Vendor undertakes to respect the announced delivery times. Any delay in the preparation and dispatch of the order will be notified to the Customer by e-mail, telephone or SMS.
6.4 –
The Customer may cancel the order within 1 (one) day of validation of the order, prior to delivery or shipment.
The Customer may return the order in whole or in part:
- If there has been an error in the order
The customer then has 7 (seven) days from receipt of the order to request a return.
Returns are at the customer’s expense and must be made within 7 (seven) days.
All returns must be approved and accepted by the Vendor prior to shipment.
With regard to Product warranties, the French and European legal and regulatory provisions governing sales to private individuals on the one hand, and those applicable to sales between professionals for any order or purchase made by a professional or legal entity on the other, are applicable.
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Due to the specific nature of the Products sold by the Vendor and in application of the provisions of article L221-28 of the French Consumer Code, the right of withdrawal is not applicable.
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Under no circumstances shall the Vendor’s liability be based on the direct or indirect consequences, whether to persons or property, of a malfunction of a product sold, subject to the legal provisions of public order. The Vendor’s liability is strictly limited to the amount of the Products sold. In no event shall the Vendor be liable for any failure on the part of the Customer to comply with the obligations set forth in these GCS. Nor shall the Vendor be held liable in the event of misuse of the Product(s) purchased, of any modification made to the functionality or purpose of the Product(s), or for any cause beyond the Vendor’s control. Any delay in the delivery of the order due to a cause which is external to the Vendor and beyond its control shall not be held against the Vendor under any circumstances.
For any action taken by the Customer against the Vendor as a result of the manufacture of the Product(s), their packaging and storage (with the exception of those stored by the Vendor), an intervention or a warranty claim against the manufacturer(s), supplier(s) or other will be made.
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The Vendor grants the Customer all industrial and intellectual property rights to the Products. No claim may be made against the Vendor in the event of copying, reproduction, modification or resale.
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In accordance with Law n°78-17 of January 6, 1978 and the provisions of the General Data Protection Regulation (RGPD) n°2016/679, the Customer has the right to query, access, modify, oppose and rectify his or her personal data by contacting the Seller:
By e-mail at the following address: contact@lentrepotbrocante.com
By post at the following address: 19 rue Sainte-Croix, 61400 Mortagne-au-Perche
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The Vendor may not be held liable if the non-execution or delay in the execution of any of its obligations described in the present terms and conditions of sale results from a case of force majeure within the meaning of article 1218 of the French Civil Code.
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These terms and conditions are governed by French law. French law and the French courts shall have jurisdiction in the event of any dispute or litigation between the Parties.
Appendix
Article L217-5 of the French Consumer Code:
“The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable: if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”
Article L127-6 of the French Consumer Code:
“The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.”
Article L127-7 of the French Consumer Code:
“Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.”
Article L127-8 of the French Consumer Code:
“The buyer has the right to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the purchaser.
Article L127-9 of the French Consumer Code:
“In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the purchaser”.
Article L127-10 of the French Consumer Code:
“If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded, the same option is open to him:
1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and their intended use. However, the sale may not be rescinded if the lack of conformity is minor.
Article L127-11 of the French Consumer Code:
“The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L127-12 of the French Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article L127-13 of the French Consumer Code:
“The provisions of the present section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law.”
Article L127-14 of the French Consumer Code:
“The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.”
Article L127-15 of the French Consumer Code:
“A commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price, replace or repair the good, or provide any other service related to the good, in addition to his legal obligations to guarantee the conformity of the good. The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser. The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor. In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code. The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract. In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of this right.”