In accordance with the provisions of Articles 6-III and 19 of Law n°2004-575 of 21 June 2004 for Confidence in the Digital Economy, known as L.C.E.N., users and visitors to the www.powertec.fr/en website are informed of the present legal notice.
Terms and conditions of sales
Article 1: Presentation
The present conditions of sale are concluded on the one hand by the company TIME TO MARKET SARL whose registered office is located at 40 Rue Condorcet 75009 Paris registered with the Paris Register of Commerce and Companies under the number 501 299 820 hereinafter referred to as “TTM” and on the other hand, by any individual or legal entity wishing to make a purchase via the website www.powertec.fr/en hereinafter referred to as “the buyer”.
Article 2: Purpose
The present conditions of sale aim to define the contractual relations between TTM and the buyer and the conditions applicable to any purchase made through the merchant site www.powertec.fr/en, whether the buyer is a professional or a consumer.
The acquisition of a property through this site implies unreserved acceptance by the buyer of these terms and conditions of sale.
These conditions of sale shall prevail over any other general or special conditions not expressly approved by TTM.
TTM reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 3: Characteristics of the proposed properties
The products offered are those listed in the catalogue published on the website www.powertec.fr/en. These products are offered within the limits of available stocks.
The photographs in the catalogue are as faithful as possible but cannot guarantee a perfect similarity with the actual product, especially as regards colours.
In the event that a supplier modifies a product, the graphic representation of the latter shall not engage the responsibility of the seller or even affect the validity of the sale.
If the buyer does not have sufficient knowledge of the products, he must refer to the seller in order to validate the field of use or to advise him in the purchase process.
Article 4: Rates
This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer.
The prices in the catalogue are inclusive of tax in euros and include the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products or services.
TTM reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the purchaser.
The prices indicated include transport and delivery costs (excluding DOM TOM and other European countries, these being communicated on quotation).
Article 5: Order
The buyer, who wishes to buy a product must obligatorily :
– Indicate his contact details defining the place of delivery
– make payment in accordance with the conditions laid down
– confirm your order and payment
Confirmation of the order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one’s own terms and conditions of purchase or other conditions.
All the data provided and the recorded confirmation will serve as proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.
Article 6: Withdrawal
In accordance with the provisions of the Consumer Code, the consumer (any person acting for purposes that are not within the scope of his commercial, industrial, craft or liberal activity) has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without pénalité́, with the exception of the return costs, which remain the responsibility of the buyer. For any product return within the time limit, the buyer must however send an email to SAV@timetomarket.eu beforehand to agree on the return.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-sold as new, accompanied by the purchase invoice, to the following address:
14 rue Milton – 75009 Paris France
Any failure to comply with this obligation will result in the non-refunding of the product(s) concerned returned to TTM.
The refund of the product(s) returned within the legal deadline will be made by Paypal if the payment was made via Paypal or to the buyer’s bank account if he paid by card via Stripe. The processing time will be linked to the control of the returned products, the refund and the time announced by these payment partners is 4 to 5 days.
Shipping and handling costs will not be refunded. Any product taken out of its original packaging and showing evidence of use and damage will not be refunded.
Article 7: Payment methods
The price is payable at the time of order.
Payments will be made by credit card via Stripe or through the secure Paypal system, both of which use the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport over the network.
The buyer’s account is debited at the time of the order. Any payment not validated by the bank or recognised as fraudulent will automatically lead to the cancellation of the order.
An invoice showing the VAT is automatically sent each time the order is validated to the email address provided when creating the buyer’s account.
As part of the fight against Internet fraud, information relating to your order may be communicated to any third party in order to carry out various checks.
Article 8: Deliveries
Deliveries are made to the address indicated in the order form, which can only be in the geographical area agreed in article 4.
In the event of partial availability of the items ordered, TTM may separate the orders and thus dispatch the available items in the first instance, the balance of the order being sent as soon as TTM receives the products ordered by the purchaser.
The risks are borne by the purchaser from the moment the products have left TTM’s premises by Colissimo or tracked letter according to the weight and volume of the order. TTM can in no way be held responsible for any theft from the letterboxes from the moment the order is announced as delivered on the tracking system of the post office.
In the event of damage during transport, a reasoned protest must be made to TTM within 48 hours of receipt at email@example.com.
Delivery times are only given as an indication and their non-respect can in no case give rise to a cancellation of the order or any other claim; if they exceed thirty days from the order, for any reason other than force majeure, the sales contract may be terminated and the buyer reimbursed or TTM may offer to reship the goods to the buyer carriage paid.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: war, mobilisation, riots, strikes and accidents, breakage of machinery, impossibility to be supplied, blockage or interruption of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers and/or any event beyond the control of the seller preventing or significantly reducing the manufacture or shipment of the products.
Deliveries are made via Lettre suivie or colissimo La Poste, and the indicative delivery times announced by the post office are on average 3 to 4 working days.
Article 9 : After-sales service
TTM does not guarantee that the quality of the Products, services, information or other material purchased or obtained by the Customer will meet his expectations, or that any error in the service will be corrected.
However, any defective product or product suffering from defects, despite the quality control carried out at the end of the production line, will be replaced at TTM’s expense after acceptance.
Article 10: Liability
The seller, in the process of selling online, is only bound by an obligation of means; its liability cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or other involuntary problems.
Article 11: Intellectual property
All elements of the www.powertec.fr/en website are and remain the exclusive intellectual property of TTM.
No one is authorised to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio.
Any single link or hyperlink is strictly prohibited without the express written consent of TTM.
Article 12: Information technology and freedom
The nominative data provided by the buyer is necessary to process his order and to draw up the invoices . They may be communicated to the vendor’s partners responsible for the execution, processing, management and payment of orders.
In accordance with the law relating to data processing, data files and liberties of 6 January 1978, information of a personal nature relating to buyers may be subject to automated processing (sending of newsletters concerning products sold by TTM).
Buyers may object to the disclosure of their contact details by notifying TTM. Similarly, users have the right to access and rectify data concerning them.
The automated processing of information, including the management of email addresses of site users has been the subject of a declaration to the CNIL (French Data Protection Authority) under number 1460885.
Article 13: Protection of personal data
The personal data collected on this site are as follows:
Account opening: when creating the user’s account, the user’s first and last name, e-mail address, telephone number and postal address;
Login: when the user logs on to the website, the user records, in particular, his surname, first name, connection, use, location and payment data.
Profile: the use of the services provided on the website allows the user to fill in a profile, which may include an address and telephone number.
Payment: when paying for the products and services offered on the website, the website does not record any financial data relating to the user’s bank account or credit card.
Cookies: Cookies are used, as part of the use of the site. The user has the possibility to deactivate cookies from the parameters of his browser.
Use of personal data
The personal data collected from users is used to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user ;
- management of the operation and optimisation of the website ;
- organisation of the conditions of use of the Payment Services ;
- verification, identification and authentication of the data transmitted by the user ;
- implementation of user assistance ;
- management of possible disputes with users ;
- Sending commercial information in the form of a newsletter concerning only the products sold on the site.
Personal data may be shared with third party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has concluded contracts;
- when the user authorises the website of a third party to access his data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data in the context of the performance of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data in order to follow up claims made against the website and to comply with administrative and judicial procedures ;
- if the website is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and confidentiality
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending a request to the following address: firstname.lastname@example.org.
The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity in order to verify its accuracy.
The right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
The right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
The right to limit processing: users may ask the website to limit the processing of personal data in accordance with the assumptions provided for by the RGPD.
The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for in the RGPD.
The right to portability: they can request that the website gives them the personal data provided to it to be transferred to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause on the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.
Article 14: Archiving – Proof
TTM will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the Civil Code.
TTM’s computerised registers shall be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 15: Settlement of disputes
The present terms and conditions of online sale are subject to French law.
In the event of a dispute, jurisdiction is attributed to the competent courts of Paris(75), notwithstanding plurality of defendants or appeal in warranty.