Terms and conditions
Terms and conditions
Between the Company SMILEEASE LTD,
71-75 Shelton Street Covent Garden London WC2H 9JQ UNITED KINGDOM,
to the Share Capital of £10,259,
registered in the Trade and Companies Register of England and Wales,
under SIRET number: 15084398
represented by KENZA SBAGHI
as manager,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the page
homepage of the site.
Hereinafter the “Seller” or the “Company”.
Firstly,
And the natural or legal person purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand,
The following was presented and agreed:
PREAMBLE
The Seller is a publisher of Products and Services intended for consumers,
marketed through its dotlight.fr websites. The list and
description of the goods and services offered by the Company can be consulted on the sites
mentioned above.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties
as part of the online sale of Products or Services offered by the Seller.
You can freely copy and paste this model PROVIDED THAT YOU INDICATE THE SOURCE.
BY A WEB LINK TO THIS DOCUMENT - EXAMPLE:
“Our general conditions of sale have been developed from a free and open model which
can be downloaded from the site - https://www.donneespersonnelles.fr/"
Article 2: General provisions
These General Conditions of Sale (CGV) govern the sales of Products or
Services, carried out through the Company's websites, and are an integral part of the
Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has them.
accepted before placing an order.
The Seller reserves the right to modify these presents at any time by publishing
of a new version on its website. The General Terms and Conditions applicable then are those in
force on the date of payment (or the first payment in the case of multiple payments) of the
order. These General Terms and Conditions can be consulted on the Company's website at the following address:
_____.
The Company also ensures that their acceptance is clear and unreserved by highlighting
places a checkbox and a validation click. The Customer declares to have read
all of these General Conditions of Sale, and where applicable the Conditions
Sales details linked to a product or service, and accept them without restriction or reservation.
The Client acknowledges that he has benefited from the necessary advice and information to ensure that he
the suitability of the offer to its needs.
The Client declares to be able to contract legally under French laws or
validly represent the natural or legal person for whom it is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of
all transactions.
Article 3: Price
The prices of products sold through the websites are indicated in Euros excluding taxes and
precisely determined on the Product description pages. They are also indicated in
euros all taxes included (VAT + other possible taxes) on the order page for
products, and excluding specific shipping costs. For all products shipped outside the Union
European and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Of the
customs duties or other local taxes or import duties or state taxes are subject to
to be payable in certain cases. These rights and sums do not fall within the responsibility of the Seller.
They will be the responsibility of the buyer and are his responsibility (declarations, payment to
competent authorities, etc.). The Seller therefore invites the buyer to find out about these
aspects with the corresponding local authorities. The Company reserves the right to
change its prices at any time for the future. The telecommunications costs necessary to
Access to the Company's websites is the responsibility of the Customer. Where applicable also, the
shipping cost.
Article 4: Conclusion of the contract online
In accordance with the provisions of article 1127-1 of the Civil Code, the Client must follow a series
steps to conclude the contract electronically to be able to place your order:;
Information on the essential characteristics of the Product; – Choice of Product, if applicable
where applicable, its options - Indication of the Customer's essential contact details (identification, email,
address...) ; – Acceptance of these General Conditions of Sale –
Verification of the order elements (double click formality) and, if necessary, correction
errors. Before proceeding with its confirmation, the Buyer has the possibility of checking the details of
your order, its price, and to correct any errors, or cancel your order.
confirmation of the order will constitute the formation of this contract. – Then, followed by
instructions for payment, payment for the products, then delivery of the order. The customer
will receive confirmation by email of payment for the order, as well as an acknowledgment
receipt of the order confirming it. He will receive a .pdf copy of these
Terms of Sales.
The customer will have during his order process the possibility of identifying
possible errors made in data entry and to correct them. The proposed language
for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by email to
the buyer when ordering and archived on the Seller's website. If applicable, the
professional and commercial rules to which the author of the offer intends to submit are
available in the “additional rules” section of these General Terms and Conditions, available on the website of the
Seller at the following address:_____.
Archiving of communications, order, order details, as well as
invoices are made on a reliable and durable medium so as to constitute a faithful copy and
durable in accordance with the provisions of article 1360 of the civil code. This information can
be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of good
completion of the order, the Customer undertakes to provide true identification information.
The Seller reserves the right to refuse the order, for example for any request
abnormal, carried out in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are highlighted
available to the buyer on the company's websites, as well as, where applicable, that the
method of use of the product. In accordance with article L112-1 of the Consumer Code, the
The consumer is informed, by means of marking, labeling, display or any other
appropriate process, prices and special conditions of sale and execution of the
services before any conclusion of the sales contract. In all cases, the total amount owed by
the Buyer is indicated on the order confirmation page. The selling price of the product
is the one in force indicated on the day of the order, this does not include shipping costs
charged extra. These possible costs are indicated to the Buyer during the sales process, and
in any case at the time of confirmation of the order. The Seller reserves the
possibility of modifying its prices at any time, while guaranteeing the application of the indicated price
at the time of ordering.
When products or services are not executed immediately, clear information is
given on the product presentation page as to the delivery dates of the products or
services. The customer certifies having received details of the delivery costs as well as the terms of
payment, delivery and execution of the contract, as well as detailed information relating to
the identity of the seller, their postal, telephone and electronic contact details, and their activities
in the context of this sale. The Seller undertakes to honor the Customer's order
within the limits of available Product stocks only. Failing this, the Seller informs the
Customer ; if the order has been placed, and failing agreement with the Customer on a new delivery date
delivery, the Seller reimburses the customer.
The contractual information is presented in detail and in French. The parts
agree that the illustrations or photos of the products offered for sale have no value
contractual. The validity period of the offer of the Products as well as their prices is specified on the
websites of the Company, as well as the minimum duration of the contracts offered when these
relate to a continuous or periodic supply of products or services. Except conditions
particular, the rights granted hereunder are granted only to the person
physical signatory of the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered
for sale through these General Terms and Conditions meet the requirements in force relating to the
the safety and health of people, the fairness of commercial transactions and the protection
consumers. Regardless of any commercial guarantee, the Seller remains bound by
lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods in accordance with the contract and is responsible for
conformity defects existing at the time of delivery. He also responds to the defects of
conformity resulting from packaging, instructions assembly or installation ructions when it
this was made his responsibility by the contract or was carried out under his responsibility.
In accordance with legal provisions regarding compliance and hidden defects (art. 1641 c.
civ.), the Seller reimburses or exchanges defective products or products that do not correspond to the
order. Reimbursement can be requested in the following manner: ________ (describe the
refund procedure, and how the product should be returned, and refund of
shipping costs if applicable).
Article 7: Reservation of ownership clause
The products remain the property of the Company until full payment of the price.
Article 8: Delivery terms
The products are delivered to the delivery address which was indicated when ordering and in
the deadlines indicated. These deadlines do not take into account the order preparation time.
When delivery requires an appointment with the Customer. When the Customer orders several products at the same time, they may
have different delivery times sent according to the following methods. In case of shipping delay. In the event of late delivery, the Customer has the possibility of resolving the contract under the conditions and terms
defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to
reimbursement of the product and “outbound” costs under the conditions of Article L 138-3 of the Code
of consumption. The Seller provides a telephone contact point (cost of
local communication from a landline) indicated in the order confirmation email
in order to ensure the tracking of the order. The Seller reminds that at the time the Customer is hanging
physical possession of the products, the risks of loss or damage to the products
are transferred to him. It is up to the Customer to notify the carrier of any reservations about the product
book.
Article 9: Availability and presentation
If an item is unavailable for a period of more than 7 working days, you
will be immediately informed of expected delivery times and the ordering of this item
can be canceled upon simple request. The Customer can then request a credit for the
amount of the item or its full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for products in
pre-order. The Customer can make payment by payment card or bank check.
Cards issued by banks domiciled outside France must be
international bank cards (Mastercard or Visa). Secure online payment by card
banking is carried out by our payment provider. The information transmitted is encrypted
in the rules of the art and cannot be read during transport on the network\. Once the payment is initiated by the Customer, the transaction is immediately debited after
verification of information. In accordance with the provisions of the Monetary and Financial Code,
the commitment to pay given by card is irrevocable. By communicating information
bank accounts during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the
price indicated. 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 the event of an error, or inability to debit the card, the
Sale is immediately terminated automatically and the order canceled.
Article 11: 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 reason, within fourteen (14) days of the
date of receipt of your order.
The right of withdrawal can be exercised by contacting the Company as follows: _____
(describe the precise procedure). We inform Customers that in accordance with the provisions of the
articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be
exercised for _______ (describe the assets not subject to these provisions). In the event of exercise of the right
withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs
will be refunded, the return costs remaining the responsibility of the Customer. Product returns are
to be carried out in their original condition and complete (packaging, accessories, instructions); they
must if possible be accompanied by a copy of proof of purchase. In accordance with
legal provisions, you will find below the standard withdrawal form to send to us at
the following address: _______ (address). Reimbursement procedure: _____ (describe precisely
the refund procedure – especially for large purchases)
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to
viceshidden products. The Seller refunds the buyer or exchanges the products
apparently defective or not corresponding to the order placed. The request for
reimbursement must be made in the following manner: The
Seller reminds that the consumer: – has a period of 2 years from the date of
delivery of the goods to act with the Seller – that he can choose between replacement
and the repair of the property subject to the conditions provided for in the aforementioned provisions.
apparently defective or not corresponding – that he is exempt from providing proof
the existence of the lack of conformity of the goods during the six months following delivery of the goods.
– that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016
– that the consumer can also assert the guarantee against hidden defects of
the thing sold within the meaning of article 1641 of the civil code and, in this hypothesis, he can choose
between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of
Civil Code). Additional guarantees:
Article 13: Complaints and mediation
If applicable, the Buyer may submit any claim by contacting the company using
of the following contact details _____ (indicate contact details and procedure).
In accordance with the provisions of arts. L. 611-1 to L. 616-3 of the Consumer Code, the
consumer is informed that he can resort to a consumer mediator in the
conditions provided for by Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in
the absence of a response within two months, the consumer may submit the dispute to
a mediator who will attempt in complete independence to bring the parties together with a view to obtaining
an amicable solution.
Article 14: termination of the contract
The order can be resolved by the buyer by registered letter with request for notice of
receipt in the following cases: — delivery of a product not conforming to the characteristics of the
order ; — delivery exceeding the deadline set when ordering or, in the absence of a date,
within thirty days of payment; — unjustified price increase or modification of the
product. In these cases, the buyer may demand reimbursement of the deposit paid plus the
interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights
Brands, domain names, products, software, images, videos, texts or more generally
all information subject to intellectual property rights are and remain the exclusive property of the
seller. No transfer of intellectual property rights is made through the
these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods
for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The execution of the seller's obligations hereunder is suspended in the event of
occurrence of a fortuitous event or force majeure which would prevent its execution. Seller
will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not result in nullity
other stipulations which will remain in force between the parties. Any modification
contractual is only valid after a written and signed agreement of the parties.
Article 18: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of persons
physical authorities with regard to the processing of personal data and the free movement of
these data, the Seller sets up a processing of personal data whose purpose is the
sale and delivery of products and services defined in this contract. The Buyer is informed of the
following elements:
- the identity and contact details of the data controller and, where applicable, the representative
of the data controller: the Seller, as indicated at the top of these General Terms and Conditions; - THE
contact details of the data protection officer: _____ - the legal basis of the processing:
contractual execution -
the recipients or categories of recipients of the personal data, if they
exist: the data controller, its services in charge of marketing, the services in
responsible for IT security, the service in charge of sales, delivery and
order, subcontractors involved in delivery and sales operations as well as
any authority legally authorized to access the personal data in question - none
transfer outside the EU is not planned - the duration of data retention: the limitation period
commercial - the data subject has the right to request from the person responsible for
processing access to x personal data, rectification or erasure thereof,
or restriction of processing relating to the data subject, or the right to object to the processing
processing and the right to data portability - The data subject has the right to introduce
a complaint to a supervisory authority - the information requested during the
order are necessary for the establishment of the invoice (legal obligation) and the delivery of the
goods ordered, without which the order cannot be placed. No decision
No automated or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses
All clauses appearing in these general conditions of sale, as well as all
purchase and sale operations referred to therein will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions
of sale.
Article 19: Consumer information
For the purposes of consumer information, the provisions of the civil code and the code of
consumption are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the
thing sold which render it unfit for the use for which it is intended, or which diminish so much
this use that the buyer would not have acquired it, or would have only given a lower price for it, if he
had known.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by
the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, in
the year following the date on which the seller can be released from defects or defects in
apparent conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in accordance with the contract and
responds to any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the instructions for
assembly or installation when this has been made his responsibility by the contract or has been carried out
under his responsibility.
Article L. 217-5 of the Consumer Code: The good complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has
presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the declarations
public information made by the seller, by the producer or by his representative, in particular in the
advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable
for any special use sought by the buyer, brought to the attention of the seller and that this
the latter accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is
prescribed by two years from the delivery of the property.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller,
during the course of the commercial guarantee which was granted to it during the acquisition or
repair of movable property, restoration covered by the guarantee, any period
downtime of at least seven days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the update
provision for repair of the property in question, if this provision is subsequent to the
request for intervention.