General conditions of sale
These General Terms and Conditions of Sale (hereinafter the “GTCS”) define the terms and conditions under which the company EURO COMMUNICATION EQUIPEMENTS, SAS with a capital of €2,500,000, registered at the Carcassonne Trade and Companies Register under number 343 872 818, whose registered office is Route de Foix D117, 11 500 NEBIAS (hereinafter “ECE”) will allow the Customer, consumer, to Order Products and use the Site ( hereinafter “The Customer”).
The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
It was stated and agreed that:
PREAMBULE
ECE markets Bluetooth products (hands-free kits, headsets) under the Supertooth brand through its website (https://supertooth.net ). The list and description of the products offered by ECE can be consulted on site.
Article 1 – Definitions
In the remainder of these GTC and any other contractual document related thereto, the terms of which the first letter is capitalized shall have the following meaning, singular and plural:
- «The Customer»: The customer of ECE, consumer, who Orders Products on the Site.
- «Order», «Order», «Commander», «Ordered»: any act of order of Products by the Customer, with ECE.
- «Personal Data»: the personal data provided by the Client.
- «Party»: ECE and/or the Client.
- «Privacy Policy»: ECE’s privacy policy, accessible on the Site.
- «Product(s)»: the products marketed by ECE.
- «Site»: the site https://supertooth.net and its components (computer code, graphic elements, databases, documentation, etc.) published by ECE, as well as any other means of displaying the site (for example a mobile application).
Article 2 : General provisions
These General Conditions of Sale (GTC) govern the sales of products made through the ECE website, and are integral parts of the Contract between the Customer and ECE. They are fully enforceable against the Customer who accepted them before placing an order.
ECE reserves the right to modify the present, at any time by publishing a new version on its website. The GTC applicable then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GTC’s are available on the Company’s website at the following address:
ECE also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all the present General Conditions of Sale, and to accept them without restriction or reservation.
The Customer declares to be able to legally contract under French laws or validly represent the natural or legal person for which he undertakes.
Unless proven otherwise, the information recorded by ECE constitutes proof of all transactions.
Article 3 : Prices
The prices of the products sold through the website are indicated in euros, all taxes included (VAT + other taxes if any) on the order page of the products, and excluding specific shipping costs.
Article 4 : Products
The essential characteristics of the products are made available to the buyer on the ECE website, as well as, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the Customer is informed, by means of marking, labelling, display or by any other appropriate process, the prices and special conditions of the sale and performance of the services before any conclusion of the contract of sale. In any case, the total amount due by the Customer is indicated on the order confirmation page. The selling price of the product is that in force on the day of the order, it does not include by the shipping costs charged in supplement. These possible costs are indicated to the buyer during the sales process, and in any case at the time of order confirmation. ECE reserves the right to change its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
Article 5 : Delivery
5.1 – Terms of Delivery
The terms of delivery will be indicated on the Site, and during the Order.
The applicable delivery times will also be indicated.
Delivery is made, according to the Customer’s choice, by the delivery providers indicated on the Site.
5.2 – Delivery Charges
Delivery charges may be applied depending on the mode of transport chosen and or depending on the destination of delivery.
5.3 – Place of Delivery
Orders can be shipped to the following countries:
- Germany
- Andorra
- Austria
- Belgium
- Bulgaria
- Cyprus
- Croatia (except express delivery)
- Denmark
- Estonia
- Spain
- Finland
- France
- Gibraltar
- Greece
- Netherlands
- Hungary
- Ireland
- Iceland
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta (except express delivery)
- Monaco
- Norway
- Poland
- Portugal
- Romania
- Slovakia
- Slovenia
- Sweden
- Switzerland
- Czechia
- Turkey
The delivery will be made at the place indicated by the Customer at the time of the Order, who must make sure not to have committed any error in entering his place of delivery.
The Customer must provide the first name, last name, address and telephone number of the recipient.
If the Customer chooses to have the Order delivered to a recipient, the Customer shall ensure that the recipient’s authorization is available for such shipment. ECE will not be liable if the consignee has not given permission for such a shipment.
5.4 – Delivery Time
ECE will make its best efforts to deliver the products within the time indicated in the Order. However, these deadlines may vary according to the constraints of ECE.
The Customer will be notified by ECE of the date of dispatch of the Order. It is the Customer’s responsibility to ensure that the Order can be received by himself or any person present at his delivery address.
If the delay in delivery is more than thirty (30) days from the initial scheduled date, the Customer may cancel his Order in accordance with Article L138-2 of the Consumer Code. A refund of the amounts paid for the product not delivered and the shipping costs will then be made.
5.5 – Customs
In case of delivery of a Product outside the territory of the European Union and in the DOM-TOM (French overseas territories and departments), The Customer declares himself the importer of the Product and is responsible for paying the fees related to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Any tax not indicated during the order process may be charged to the Customer by the country concerned, in accordance with the legislation applicable in the Customer’s country.
ECE cannot be held responsible for any blocking or seizure made by the customs of the country in which the Product is to be delivered, as well as any payment of additional duties and taxes that the Customer may have to pay.
5.6 – Refusal of Packages
The Customer or the person receiving the Order may refuse a parcel at the time of delivery if he finds an anomaly concerning the delivery (damage, Product missing from the delivery note, damaged parcel, Product damaged…).
Any anomaly must then be indicated on the delivery note, in the form of handwritten reservations, accompanied by the signature of the Customer or the person receiving the Order.
To exercise his right of refusal, the Customer or the person receiving the Order must open the damaged or defective package or packages in the presence of the carrier and make him take back the damaged goods. If the parcel is not taken back by the carrier, the Customer must imperatively transmit any reservation to ECE within three (3) days from delivery. These reservations must be accompanied by a description of the problem and clear illustrative photographs enabling ECE to carry out the necessary checks and contact its carrier.
Failing to comply with these requirements, the Customer will not be able to exercise its right of refusal, and ECE will not be required to accede to the request to exercise the Customer’s right of refusal.
If the Customer’s parcel is returned to ECE, ECE will contact the Customer upon receipt of the parcel in return to ask him to follow up on his Order.
5.7 – Returning Packages
In case of return of the parcel to ECE, for any reason whatsoever, by the fault of the Customer (in particular in the event of an incomplete delivery address, the absence of recovery of the parcel, a missing mention on the mailbox…), the return of the Products will be subject to payment by the Customer of the new delivery costs.
The Products will be reshipped only after receipt by ECE of the full payment of the new delivery charges.
5.8 – Carrier Loss
ECE shall not be liable for any indirect or immaterial damages or damages, whatever the cause, related to the loss or damage of the shipment of the Customer by the carrier, nor for any financial consequences, direct or indirect, resulting therefrom.
Article 6 : Payment
Payment is due immediately upon order, including for pre-order products. Secure online payment by credit card is made by our payment provider.
Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his banking information during the sale, the Customer authorizes ECE to debit his card for the amount relating to the indicated price. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved automatically and the order cancelled.
Article 7 : Withdrawal period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of the order.
The right of withdrawal can be exercised by contacting the Company by email: contact@supertooth.net
In case of exercising the right of withdrawal within the aforementioned period, the price of the product or products purchased and the shipping costs will be refunded, the return costs remaining at the expense of the Customer.
Article 8 : Guarantees
The Products are subject to the legal guarantees of articles 1641 to 1649 of the Civil Code (guarantee of hidden defects) and articles L217-4 and following of the Consumer Code (guarantee of conformity).
To apply these guarantees, the Customer must notify ECE of the defects of the Product, including a detailed explanation of the problem encountered.
If the complaint falls within the framework of a hidden defect, the Customer may then, at its choice:
- Either be delivered a Product of equivalent quality and price, if such a Product is available.
- Either be refunded the price of the Ordered Product within fourteen (14) days of the confirmation of the defect by ECE.
The Customer has a period of two (2) years from the date of the Order to implement this warranty.
This warranty is also excluded in case of use of the Product by the Customer in a way that does not comply with the precautions of use and instructions transmitted by ECE
Delivery costs for a new Product will be borne by ECE.
In case of implementation of the guarantee, the Customer must contact the customer service at the email address listed in these GTC.
ECE will then inform the Customer of the procedure to follow for the return, and if applicable, the refund of the Product.
Article 9 : Claims and mediation
If necessary, the Customer may submit any complaint by contacting the company by the following coordinates:
contact@supertooth.net
Article 10 : Force majeure
The performance of the obligations of the seller at the end of the present is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The seller will inform the Customer of the occurrence of such an event as soon as possible.
Article 11 : THE APPLICABLE LAW
The applicable law herein is French law.
The GTC’s are written in French, and the French version will be authentic even if translated into another language.
It may also be submitted to the competent court of the headquarter of ECE, including in matters of summary proceedings, a warranty appeal or a plurality of defendants, and regardless of the country of origin of the Customer.