General terms and conditions of sale
2F PROTECTION operates a website that is available at the following address https://www.2fprotection.fr, allowing 2F PROTECTION to sell passive fire protection systems to individuals and professionals.
These general terms and conditions of sale apply to all orders placed on the website www.2fprotection.fr.
When used with a capital letter in this Agreement, in the singular or plural, each of the following words or expressions will have the following meanings:
- Order: refers to the sales contract agreed between the buyer and 2F PROTECTION, through the www.2fprotection.fr website.
- General Terms and Conditions of Sale: refers to the general terms and conditions for the sale of products to Individuals or Professional/Buyer, accessible at www.2fprotection.fr.
- Product Sheet: refers to the information about a product that is classified and provided by the service provider when this Product is offered for sale on the www.2fprotection.fr website.
- Product: refers to each of the products offered for sale on the www.2fprotection.fr website.
- Buyer: refers to the physical person, of age and with full capacity, who places an Order on the www.2fprotection.fr website.
- Service: refers to the sale by 2F PROTECTION to the Individual or Professional/Buyer of the Products/Services ordered on the https://www.2fprotection.fr Website, in accordance with the terms agreed between the Individual or Professional/Buyer and 2F PROTECTION.
- Delivery zone: Mainland France
- Website: refers to the website operated by 2F PROTECTION that is available at the URL www.2fprotection.fr.
The subject of these General Terms and Conditions of Sale is to define the terms and conditions under which 2F PROTECTION offers the Individual or Professional/Buyer the option to purchase the Products and Services presented on www.2fprotection.fr.
3- ACCEPTANCE AND APPLICATION
The Product/Service, is offered to the Individual or Professional/Buyer subject to his/her unconditional acceptance of these General Terms and Conditions of Sale. By validating the purchase of a product or registration for a Service, the Individual or Professional/Buyer declares and acknowledges accordingly that he/she has read and understood these General Terms and Conditions of Sale and accepts them without reservation.
These General Terms and Conditions of Sale will prevail over any other condition contained in any other document, unless expressly agreed in advance and in writing. The seller is defined below as the company 2F PROTECTION via the e-commerce website: www.2fprotection.fr, whose head office is located at 53 Rue de Stalingrad, 95120 ERMONT.
2F PROTECTION reserves the right to modify these General Terms and Conditions of Sale in whole or in part and at any time. It is therefore the responsibility of the Individual or Professional/Buyer to regularly refer to the latest version of the General Terms and Conditions of Sale that are always available on the www.2fprotection.fr website.
The Individual or Professional/Buyer is deemed to have accepted this latest version with each new Order, and that his/her relations with 2F PROTECTION are likewise governed by the version available on the www.2fprotection.fr Website on the date of the dispute against 2F PROTECTION that he/she may make use of.
In the event of non-compliance with these General Terms and Conditions of Sale, 2F PROTECTION reserves the right to suspend or close the account of the Individual or Professional/Buyer without any compensation or notice, and to refuse him/her access to all or part of the Service or to the sale of the product in the future, without prejudice to any recourse that may be available to him/her under ordinary criminal or contractual law.
2F PROTECTION is registered in the Créteil Trade and Companies Register under SIREN no. 498 376 813 and the Individual or Professional/Buyer is defined below as the company or person signing and accepting these General Terms and Conditions of Sale. The Individual or Professional/Buyer declares that he/she has the capacity to enter into a contract under the conditions described below, i.e. having reached the legal age of majority and not being under guardianship or tutelage. Before placing an order, the Individual or Professional/Buyer acknowledges these General Terms and Conditions of Sale.
Any order of a product offered on the www.2fprotection.fr website implies the consultation and express acceptance of these General Terms and Conditions of Sale, without this acceptance being conditional upon a handwritten signature on the part of the user. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, adopted for the application of Article 1316-4 of the Civil Code and relating to electronic signatures, it is restated that the validation of the order form constitutes an electronic signature between the parties, which has the same value as a written signature.
The automatic registration systems communicated online as well as the purchase orders sent by the customer by mail are considered as proof of the nature, price, content and date of the order by the Individual or Professional/Buyer with/at 2F PROTECTION. For online orders, 2F PROTECTION confirms acceptance of the order to the customer at the email address indicated by the customer.
Having received and acknowledged the summary of the order, and once all the requested information has been completed by the Individual or Professional/Buyer, he/she can validate the order and proceed to payment. He/she can choose the payment method to be used for the order, on the understanding that the Individual or Professional/Buyer will have this payment method available.
The sale will only be considered final after the order confirmation has been sent to the Individual or Professional/Buyer by 2F PROTECTION via the www.2fprotection.fr website and the latter has received payment of the full price. 2F PROTECTION recommends that the Individual or Professional/Buyer stores this information on paper or in an electronic document. 2F PROTECTION reserves the right to cancel any order of a customer with whom there is a dispute relating to the payment of a previous order either wholly or partially unpaid.
In the electronic catalogue presented on www.2fprotection.fr. the prices are always indicated in euros before tax (VAT not included); VAT and delivery are borne by the Individual or Professional/Buyer.
2F PROTECTION reserves the right to change its prices, products and services at any time. The products will be invoiced at the current prices stated on the electronic price list of the “www.2fprotection.fr.” website at the time when orders are placed. The services will remain the property of 2F PROTECTION until full payment of their price has been made. The prices are expressed in euros. Transactions are always carried out in euros. The price indicated on the Product Sheet does not include the cost of VAT and transport.
The price indicated in the order confirmation is the final price. It also includes the cost of VAT, shipping, handling and packaging.
6- AVAILABILITY OF THE PRODUCTS ORDERED
In the event that one of the Products, the subject of the Order, is no longer available for sale, 2F PROTECTION will immediately notify the Individual or Professional/Buyer by e-mail, who will then be able to request the cancellation or exchange of the order within one working week (excluding weekends and public holidays), by e-mailing customer service at email@example.com.
2F PROTECTION reserves the right to an additional period for processing the order. If a product or service is definitively unavailable after an order has been placed, the buyer will be informed in the same way by e-mail or by telephone of the items that have been discontinued.
In the event that one of the Products/Services, the subject of the Order, is no longer available for sale, 2F PROTECTION will immediately notify the Individual or Professional/Buyer by e-mail, who will then be able to request the replacement of said Product with an equivalent Product, at the same price, within one working week.
In the event that an unavailable Product/Service is not replaced, the cost will be deducted from the total cost of the Order, and only the remaining amount will be debited from the account of the Professional/Buyer. The Professional/Buyer can ask 2F PROTECTION to cancel the Order in the event that one or more of the Services subject to the Order is (are) not available for a period of time indicated by 2F PROTECTION when sending the e-mail notifying the Individual or Professional/Buyer of the unavailability of said Service(s).
In the event that certain products/services are temporarily unavailable, 2F PROTECTION reserves the right not to process any remaining orders and will then refund the customers for any services not delivered.
For cheque payments, 2F PROTECTION will refund any overpayment by cheque.
7- DELIVERY (as part of a product shipment)
2F PROTECTION will deliver to the Individual or Professional/Buyer at the address indicated on the order. If the Individual or Professional/Buyer gives an incorrect or incomplete address, he/she will be responsible for the inability to deliver the order. If the package is returned to 2F PROTECTION due to an incorrect or incomplete address, the return shipping costs will be paid by the Individual or Professional/Buyer, regardless of the amount of the order, depending on the current rate in the country.
Any delay in delivery does not give the Individual or Professional/Buyer the right to claim damages. The Individual or Professional/Buyer must check the good condition of the package upon receipt of the delivery and, if necessary, must express any reservations to the courier or reject the delivery (in the case of physical shipment of a product).
The time between placement of the order by the customer and delivery of the goods depends on the payment method chosen by the customer.
For reasons of order preparation and product availability (stockout, production stoppage, etc.) an order may be delivered in several instalments. In this case the customer will only pay once for the delivery costs.
In the event that certain products are temporarily unavailable, 2F PROTECTION reserves the right not to process any remaining orders and will then refund the customers for any products not delivered.
As an indication, the service provider La Poste delivers throughout mainland France within 48 hours. Any delay will not give rise to damages, or the withholding or cancellation of the order by the Individual or Professional/Buyer.
In any case, the ordered products will be delivered within a maximum period of thirty days from the day after the placement of the order by the Individual or Professional/Buyer, subject to full payment of the price.
If no delivery is made by the end of this period, the Individual or Professional/Buyer will have the right to cancel the order. The sums paid by the Individual or Professional/Buyer will then be returned without delay, to the exclusion of any other compensation.
In the event of a delayed delivery in relation to the initial date agreed, the Individual or Professional/Buyer must notify 2F PROTECTION in writing (by email or letter) in order to improve the quality of service provided and to enable 2F PROTECTION to carry out an investigation with the carrier.
The use of commercial deals (discounts, loyalty deals, promotion codes, sponsorships or gift vouchers) cannot be considered as a means of payment and will not grant the customer any right to free shipping.
8– DELIVERY PROBLEMS DUE TO THE CARRIER
Any anomaly concerning the delivery (missing product that appears on the delivery note, faulty packaging, broken products, damage, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, along with the customer’s signature. At the same time, the customer must confirm this anomaly by sending the carrier a registered letter with acknowledgement of receipt, setting out his/her complaints, within two (2) working days following the delivery date. The customer must email a copy of this letter to: firstname.lastname@example.org or post it to: 2F PROTECTION, 53 Rue de Stalingrad, 95120 ERMONT.
2F PROTECTION shipments are delivered by La Poste “Colissimo Suivi” or by carriers.
If the package is returned to 2F PROTECTION, the return shipping costs will be paid by the customer, regardless of the amount of the order, depending on the current rate in the country of the Individual or Professional/Buyer.
2F PROTECTION will not be liable for any delays or losses due to the service of La Poste or the carrier, however the Individual or Professional/Buyer must notify 2F PROTECTION of these deficiencies by email. At the request of 2F PROTECTION, La Poste or the carrier will initiate a 21-day investigation into its services.
Within this time, La Poste or the carrier generally finds the lost package and sends it to the recipient.
If the product is not found within this period, 2F PROTECTION will either send the same product again or a similar product, with the prior agreement of the Individual or Professional/Buyer.
The shipping costs would then be covered by 2F PROTECTION.
2F PROTECTION is not liable for extended delivery times due to the carrier, in particular in the event of loss of products or a strike.
9– FORCE MAJEURE
All events, of any type whatsoever, that are beyond the control of the Producer and/or 2F PROTECTION, that are unavoidable, unpredictable and likely to delay or prevent the execution of the Order, constitute a cause for the suspension and/or termination of the obligations of 2F PROTECTION towards the Individual or Professional/Buyer by express agreement, without compensation to the Individual or Professional/Buyer, who may only claim a refund of the Order, where applicable.
Without limitation of the scope of the other provisions of these General terms and conditions of sale, 2F PROTECTION may not be held civilly or contractually liable for acts due to a fortuitous event or to the act of a third party or the victim of the damage.
The Individual or Professional/Buyer acknowledges that fortuitous events include breakdowns and technical problems concerning hardware, computer programs and software or the Internet, such problems not being limited to interruptions, suspensions or closures of the service. He/she therefore acknowledges that 2F PROTECTION cannot be held liable for damage related to these problems.
10– RIGHT OF WITHDRAWAL
A- Sale of products
In accordance with the current legislation governing mail order in relation to online sales, the Individual or Professional/Buyer has the option to return any material item as it stands to the following address: 2F PROTECTION 53 Rue de Stalingrad, 95120 ERMONT within 14 days after the delivery date, except for COFFRET VTP products.
2F PROTECTION will refund the full price of the item concerned by bank transfer, cheque or credit card, depending on the initial payment method.
This right does not apply to returned products that are damaged, destroyed, incomplete, without their original packaging, or soiled by the customer.
The cost of packaging and return shipment to 2F PROTECTION will be paid by the Individual or Professional/Buyer, who must ensure that the packaging is sufficiently robust for the products to be received in perfect condition at the premises of 2F PROTECTION.
If 2F PROTECTION fails to meet the obligation to confirm the Order, the withdrawal period will be extended to three months from the date of receipt of the Products by the Individual or Professional/Buyer. If, within this three-month period, the confirmation is sent by e-mail and the Individual or Professional/Buyer has acknowledged receipt, the period of seven working days will run from the date of said confirmation.
In any event, if the customer exercises the right of withdrawal, 2F PROTECTION will be required to exchange the Product or refund the sums paid to the Individual or Professional/Buyer without charge. The refund is due within a maximum period of 30 days and will be made by bank transfer.
However, if the Individual or Professional/Buyer exercises the right of withdrawal, he/she must return the Product in perfect condition, with the invoice, within the specified time and conditions. 2F PROTECTION reserves the right to claim damages if the Product is no longer in its original packaging or if it is outside its sealed packaging.
B– Sale of services to professionals
Professionals will have the same right of withdrawal of 14 days from the date of the order. The professional should inform 2F PROTECTION by email at the following address: email@example.com or by post at the following address: 2F PROTECTION, 53 Rue de Stalingrad, 95120 ERMONT.
11– PAYMENT OF INVOICES
Any customer placing an order will be responsible for payment, even if he/she requests that the order be delivered to another address.
Payment for Products or services purchased by the Individual or Professional/Buyer at 2F PROTECTION is normally made by credit card, in a secure environment on the server of 2F PROTECTION’s bank.
Payment for the Products purchased by the Individual or Professional/Buyer is made in euros.
Once the Order has been validated by the Individual or Professional/Buyer, the bank details provided by the Individual or Professional/Buyer to the server of 2F PROTECTION’s bank will be used by said bank to verify to the first euro the solvency of the bank account corresponding to the bank details provided by the Individual or Professional/Buyer.
In the event that the account of the Individual or Professional/Buyer is insufficiently funded, 2F PROTECTION may reject the Order by refusing to confirm the Order, where the agreement of the sales contract is applicable only subject to the condition precedent of the confirmation of the Order by 2F PROTECTION.
Once the order has been validated by 2F PROTECTION, the bank account of the Individual or Professional/Buyer will be debited with the amount corresponding to the Products in the Order.
In any case, in the event that a payment cannot be made by the Individual or Professional/Buyer, including but not only in the event of expiry of his/her credit card, or rejection of the credit card, the order will be suspended immediately and will only resume its effect after the Individual or Professional/Buyer has enabled the payment set forth in the Order.
12– PAYMENT OF INVOICES
Payments are secured by a powerful universal system. This SSL encryption process guarantees that the credit card number entered is known only to our bank La Banque Populaire. 2F PROTECTION will only execute an order when the relevant bank payment centres have given their agreement. In the event of rejection by said centres, the customer will be informed by e-mail that the order will be automatically cancelled.
13– PRODUCT WARRANTY
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions herein cannot deprive the Individual or Professional/Buyer of the legal guarantee which obliges the seller to the Individual or Professional/Buyer to provide a warranty against all the consequences of hidden defects of the item sold.
The Individual or Professional/Buyer is expressly informed that 2F PROTECTION is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.
Consequently, in the event of damage caused to a person or property by a defect in the product, only the Producer of the product may be held liable by the Individual or Professional/Buyer, on the basis of the information appearing on the packaging of said product. The conditions and duration of the Producer’s Warranty are indicated on the Product Sheets.
14– PERSONAL DATA - COOKIES
This article will not be able to prevent the assignment or transfer of activities to a third party.
A- Personal data
The personal data collected on the Individual or Professional/Buyer when registering for the Service is subject to the provisions of Law No. 78-17 of 6 January 1978 on Information Technology and Civil Liberties.
The Individual or Professional/Buyer therefore has the right of opposition set forth in Article 26 of said law, the right of access set forth in Articles 34 to 38 of said law, and the right of rectification set forth in Article 36 of said law. These rights of access and rectification can be exercised by sending an e-mail to the following address: firstname.lastname@example.org or by writing to 2F PROTECTION.
Without the consent of the Individual or Professional/Buyer, 2F PROTECTION shall not communicate the personal data collected on the Individual or Professional/Buyer to third parties and shall not transfer it outside the European Economic Area.
This setting will not prevent connection to the www.2fprotection.fr website, but it may delay the loading times of the pages and identification will always be required when the Professional/Buyer connects to the www.2fprotection.fr website, including his/her account number and password.
15– INTELLECTUAL PROPERTY
All the content of the www.2fprotection.fr website is the property of 2F PROTECTION. All usage rights are reserved.
The Individual or Professional/Buyer acknowledges and accepts that the content of www.2fprotection.fr (including the text, software, architecture, photographs, illustrations, logos, trademarks, etc.) is protected by intellectual property rights. With these conditions, the Individual or Professional/Buyer may under no circumstances use or reformat the content of the www.2fprotection.fr website without the prior written consent of 2F PROTECTION.
The “2F PROTECTION” brands and the “2F PROTECTION” logos are registered trademarks. Their reproduction therefore constitutes an infringement.
2F PROTECTION cannot be held liable for any photos sent by the customer. The customer must ensure that the photos are not subject to copyright.
16– MODIFICATION OR INTERRUPTION OF SERVICE
2F PROTECTION reserves the right to modify or interrupt all or part of the Service offered at any time, temporarily or permanently, for technical reasons or to bring the Individual or Professional/Buyer into compliance with contractual obligations or legal provisions, without having to inform the Individual or Professional/Buyer in advance.
The Individual or Professional/Buyer cannot hold 2F PROTECTION liable for any modifications or interruptions.
17– TERMINATION DUE TO BREACH BY THE PROFESSIONAL/BUYER
In the event of violations or actions by the Individual or Professional/Buyer contrary to these General Terms and Conditions of Sale, 2F PROTECTION may:
- terminate all or part of the access rights corresponding to his/her account and password, or even delete his/her account and password;
- and/or remove or move all or part of the content about the Individual or Professional/Buyer that is available on the www.2fprotection.fr website;
- and/or unilaterally interrupt the provision of the Service at any time.
Termination of access to the Service due to breach may be effected without prior notice, pursuant to the terms of these General Terms and Conditions of Sale.
If necessary, 2F PROTECTION is entitled to deactivate or delete the relevant account and any folder or file in this account and/or prohibit any further access to these files or the Services at any time and with immediate effect.
Finally, the Individual or Professional/Buyer acknowledges that 2F PROTECTION cannot be held liable to him/her or any third parties for any termination of access to the Service due to the violation of these General Terms and Conditions of Sale and/or legal provisions.
18– INTEGRITY OF THE COMMITMENTS
These General Terms and Conditions of Sale and the General Terms and Conditions of Use constitute the entire agreement between 2F PROTECTION and the Individual or Professional/Buyer with regard to the use of the Service.
They replace any agreement that may have been signed previously between 2F PROTECTION and the Individual or Professional/Buyer.
Failure by 2F PROTECTION to exercise the rights granted to it by the terms of these General Terms and Conditions of Sale does not constitute a waiver of its rights.
If one or more provisions of these General Terms and Conditions of Sale are declared null and void or obsolete by the application of a law or a legal or administrative ruling, the other provisions will remain binding.
20– APPLICABLE LAW
In the event of any dispute, 2F PROTECTION undertakes to make every effort to find an amicable solution. This contract is subject to French law.
For any questions, the Individual or Professional/Buyer should contact 2F PROTECTION directly by email at the following address: email@example.com or by telephone on +33 (0)1 34 44 64 53 from Monday to Friday, 9am to 6pm.