General terms and conditions

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1. Envytech

The company Envytech SARL unipersonnelle, with capital of 100 euros, headquartered in Saint-Hilarion (78125) at 184 route de Rambouillet, registered in the VERSAILLES trade and companies register under number 92170494600018 represented by Mr Robin DEBÔVES (hereinafter the "Company").

2. Preamble

The Company invites Customers to carefully read these General Terms and Conditions of Sale (hereinafter the "GTCS").

The General Terms and Conditions of Sale govern the conditions under which the Company sells its products to its professional and non-professional customers by direct means or by paper.

They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer's general terms and conditions of purchase.

They are systematically communicated to customers on request.

Placing an order implies acceptance of the GTCS. It is the customer's responsibility to take them into account before making a purchase. Photographs or graphics shown in catalogs or brochures are not contractual.

The customer acknowledges having read and understood these terms and conditions before placing an order.

In the event of subsequent modification of the GTC, the customer is subject to the version in force at the time of ordering.

3. Definitions

Customer means the professional or consumer who has placed an order for a product sold ;

Order means any order placed by the Customer either verbally or on paper;

Conditions Générales de Vente or CGV means the present document;

Consumer means the buyer who is a natural person acting outside his professional activity;

Company means the Envytech Company more fully described in Article I hereof;

Products means material things that can be appropriated and that are offered for sale; and

Professional means the buyer, whether a legal entity or an individual, who is acting in the course of his or her professional activity.

4. Controls

Orders are placed by the Customer either directly or on paper.

Sales of Products are made after a quotation has been drawn up for the Customer, the quotation has been accepted by the Customer and the Order has been expressly accepted by the Company.

The Company may grant the Customer price reductions, discounts and rebates depending on the number of Products ordered or the regularity of the Orders, in accordance with the conditions set by the Company.

5. Products and prices

Prices are those in force on the day the Order is placed, as set out in the quotation provided to the Customer or according to the price list indicated to the Customer on site.

Prices are given exclusive of tax (HT) and inclusive of tax (TTC). If the cost of the Products cannot be determined, a priori, with certainty, a detailed quotation will be given to the Customer with the price calculation method enabling him to verify it.

An invoice is issued by the Company to the Customer for each Order.

The Company cannot be held responsible for stock-outs or the impossibility of selling a Product for which there is no stock.

Under no circumstances may a Customer demand the application of discounts that are no longer in force on the date of the Order.

6. Terms of payment

Invoices are payable net with order. For the first order, payment is required at the time of order. These conditions can be negotiated on a case-by-case basis.

Payment can be made by :

  • Credit card
  • PayPal
  • Bank transfer
  • Administrative mandate

In the event of total or partial non-payment of services by the date agreed on the invoice, the Customer shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.

This penalty is calculated on the amount including VAT of the remaining sum due, and runs from the due date of the price without the need for any prior formal notice.

In addition to late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.

7. Delivery

Products are delivered exclusively to the following geographical areas:

  • Mainland France
  • Corsica
  • Europe

The Company undertakes to deliver the Products as quickly as possible. Delivery times may vary according to the Customer's geographical area, the delivery method chosen or the Product ordered.

Unless otherwise requested by the purchaser, all shipments are made by express carrier.

Delivery costs for mainland France are as follows:

  • Point relais delivery (France) :
    • From €0 to €100 excluding VAT: €4.5 excluding VAT
    • From €101 to €166.66 excluding VAT: €4 excluding VAT
    • Over €166.66 (excl. VAT): free delivery
  • Home delivery (France) :
    • From €0 to €100 excluding VAT: €6.9 excluding VAT
    • From €101 to €300 excluding VAT: €6.7 excluding VAT
    • From €301 to €499 excluding VAT: €6.1 excluding VAT
    • Over €500 (excl. VAT): free delivery
  • Express home delivery (France): €12.9 excluding VAT
  • Home delivery in Europe: €14.9 excluding VAT
  • Worldwide home delivery: €26.9 excluding VAT

Outside Metropolitan France and in French areas identified as difficult to access by carriers, shipping costs will be quoted on request.

If the 30-day delivery deadline is exceeded, except in cases of force majeure, the Customer may cancel the contract by registered letter with acknowledgement of receipt, after having requested the Company, in the same way, to make the delivery within a reasonable additional period, and if the Company has not complied within this period.

In this case, the Customer will be reimbursed within 30 days if a payment has already been made.

Should delivery be impossible due to an error in the address given by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address. Any additional delivery charges will be borne by the Customer.

Furthermore, the Company cannot be held liable for delays in delivery during periods of high demand, such as the holiday season. Nor can the Company be held liable for delays caused by reasons of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond its control.

8. Claim

For all Sales Orders, the Customer has the right to make a complaint within 14 days of delivery of the Product. It is the Customer's responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations at the time of delivery, the Products are deemed to conform to the Order.

To exercise this right of complaint, the Customer must send the Company, at the address pi@monraspberry.com, a declaration in which he expresses his reservations and complaints, accompanied by the relevant supporting documents.

A claim that does not comply with the conditions described above cannot be accepted.

The Company will refund and rectify the Product or its components as soon as possible and at its own expense, within the limits of what is possible.

You can send your return to this address:

ENVYTECH

12 rue Chasles, 78120 RAMBOUILLET

FRANCE

9. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for products mentioned in article L. 221-28 of the French Consumer Code as reproduced below:

"The right of withdrawal cannot be exercised for contracts :

  1. Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
  2. The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  3. Supply of goods made to the consumer's specifications or clearly personalized;
  4. Supply of goods liable to deteriorate or expire rapidly;
  5. The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  6. The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
  7. The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  8. Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
  9. Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  10. Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
  11. Concluded at a public auction ;
  12. Accommodation services, other than residential accommodation, transportation services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;
  13. The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal."

Products must be returned in their original packaging and in perfect condition within 7 days of the Consumer's notification of withdrawal to the Company. The Consumer is responsible for return shipping costs.

The Customer will be reimbursed for all costs incurred in placing the Order within 14 days of the Company becoming aware of the Customer's declaration of withdrawal.

Refunds will be made by the same means of payment used for purchase.

10. Transfer of risk and ownership

The Company retains ownership of the Products sold until full payment of the price by the Customer. It may therefore repossess the Products in the event of non-payment. In this case, any advance payments made will be retained by the Company as compensation.

For Professionals, the transfer of risks to the Customer occurs as soon as the goods are handed over to the carrier by the Company. For Consumers, the transfer of risks takes place on delivery or when the goods are collected from the store if the Customer has chosen in-store delivery.

11. Legal warranties

Products sold to Consumers are guaranteed in accordance with the legal provisions of the French Consumer Code and the French Civil Code as reproduced below:

Article L.217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L.217-5 of the French Consumer Code: "To conform to the contract, the goods must :

1. Be fit for the use ordinarily expected of similar goods and, where applicable :

  • correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
  • have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Products sold to professionals are also covered by the warranty provided for in article 1641 of the French Civil Code.

Any Product resold, altered, modified or transformed is not covered by the warranty.

The warranty is limited to the replacement or reimbursement of non-conforming or defective Products. It is excluded in the event of misuse or abnormal use of the Product, as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.

The customer must inform the Company of the existence of any defects within two years. The Company will rectify any Products found to be defective as far as possible. If the Company's liability is accepted, the warranty is limited to the amount paid by the Consumer for delivery of the Products, exclusive of VAT.

Replacement Products do not extend the warranty period.

12. Modifications

The information contained in the Company's catalogs, prospectuses and price lists is given for information only and may be revised at any time.

The Company is entitled to make any changes it deems necessary.

When placing an Order, the Customer is subject to the stipulations set out in the GCS in force at the time the Order is placed.

13. Processing of personal data

The Customer's purchase may entail the processing of his/her personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Company's services.

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

Furthermore, in accordance with the French Data Protection Act of January 6, 1978, customers have the right to query, access, rectify, modify and object to all their personal data at any time by writing to the following address, providing proof of identity: rectification@ql3d.fr.

This personal data is required to process the Customer's Order and to issue invoices where applicable, as well as to improve the services offered by the Company.

14. Sharing of collected data

The Company may use third-party companies to carry out certain operations. The Customer accepts that third-party companies may have access to his/her data in order to complete his/her order.

These third-party companies only have access to the data collected in order to carry out a specific task.

The Company remains responsible for processing this data.

In addition, the Customer may receive information or commercial offers from the Company or its partners.

The customer may at any time object to receiving such commercial offers by writing to the Company's address given above.

In addition, customer information may be passed on to third parties without the customer's express prior consent for the following purposes:

  • respect the law
  • protect people from serious injury or death
  • fight against fraud or attacks on the Company or its users
  • protect the Company's property rights.

15. Data protection

The Company ensures a level of security that is appropriate and proportionate to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.

However, these measures in no way constitute a guarantee and do not commit the Company to any obligation of result with regard to data security.

16. Cookies

To enable Users to benefit from optimal browsing of the Site and improved operation of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie stores information relating to browsing on the Site, as well as any data entered by Users (notably searches, login, email, password).

The User expressly authorizes the Company to place a "cookie" file on the User's hard disk.

The User may block, modify the retention period, or delete this cookie via the browser interface. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or functionalities of the Site, this malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

17. Intellectual property

The brand, logo and graphic charter are registered trademarks, the property of which belongs exclusively to the Company. Any dissemination, use, representation or reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.

18. Jurisdiction clause

The law governing the GCS is French law. Any dispute which may arise between the Company and a Customer in connection with the performance of the GCS will be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent common law courts.

19. Customer acceptance

The Customer expressly accepts the General Terms and Conditions. He declares that he is familiar with them and waives the right to invoke any other document, in particular his own general terms and conditions of purchase.

The Consumer acknowledges having been informed of the information and details provided for in Articles L111-1 to L111-7 of the French Consumer Code, and in particular :

  • the essential characteristics of the product;
  • the price of the Products ;
  • the date or deadline by which the Company undertakes to supply the Product;
  • information relating to the Company's identity (postal address, telephone number, e-mail address);
  • Information on legal and contractual warranties and how to make use of them;
  • the possibility of resorting to conventional mediation in the event of a dispute ;
  • information on the right of withdrawal (deadline, how to exercise).

20. Applicable law and competent court

The present conditions are governed by French law. Any dispute arising from the present terms and conditions is subject to the jurisdiction of the Versailles Commercial Court. Pursuant to article 46 of the French Commercial Code (NCPC), this attributive clause is imperative only between merchants.