General Terms and Conditions
TERMS OF SALES
Applicable from NOVEMBER 1, 2023
These conditions of sale are concluded on the one hand by the company Bulledac with share capital of 1000 euros whose head office is located at 8 montere Val d'azur – 83110 Sanary-sur-mer, registered on 04/06/2023, in the Toulon Trade and Companies Register under number 951 196 831 / VAT No. FR79 951 196 831 hereinafter referred to as "Bulledac" and managing the site captibulle.com and, on the other hand, by any natural or legal person wishing to make a purchase via the captibulle.com website, hereinafter referred to as “the buyer”.
Clause No. 1: Purpose and scope
These conditions of sale aim to define the contractual relations between Bulledac and the buyer and the conditions applicable to any purchase made via the captibulle.com website. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, of which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares that he has full legal capacity, allowing him to commit to these general conditions of sale.
The Bulledac company retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Clause No. 2: Products
The products offered are those which appear on the Bulledac company's captibulle.com website, while stocks last. Bulledac reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description listing its main technical characteristics (capacity, use, composition, etc.).
The photographs are as faithful as possible but do not commit the Seller in any way. The sale of products presented on the captibulle.com site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
Clause No. 3: Price
The prices appearing on the product sheets in the internet catalog are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The Bulledac company reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased depending on the total amount of the order.
Clause No. 4: Discounts and rebates
The proposed prices include discounts and rebates that the Bulledac company would be required to grant.
Clause No. 5: Discount
No discount will be granted in the event of early payment.
Clause No. 6: Orders and payment terms
Before any order, the buyer must create an account on the captibulle.com website. The account creation section is accessible directly from the menu bar. The buyer has full responsibility for preserving the confidentiality of information relating to his account, in particular his password, and of all operations carried out under his account. The buyer undertakes to notify the Bulledac Company immediately in the event of unauthorized use of his account or password, or of any security breach. However, the buyer may be held responsible for damage suffered by the Bulledac Company or by any other user or visitor to the Site due to the use of his username, password or account by another person.
The buyer is not authorized to use the username, password or account of another person, at any time, without the explicit authorization and agreement of the holder of this username, this password or account. The Bulledac Company cannot be held responsible for any damage resulting from its failure to respect these obligations.
At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information. The Bulledac company offers the buyer the opportunity to order and pay for their products online in several stages by credit card, through the secure online payment service indicated on the Site, by Paypal or by any other means that will be offered on the Site. at the time of ordering: the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the payment method of their choice. The next step asks him to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure payment interface in order to securely enter their account or personal credit card details. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the card payment, the sums paid will then be recredited or returned. The liability of the bank card holder is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the card holder must contest, in writing, the debit with their bank while respecting the legal deadlines.
In the event of a contradiction between the general conditions of the Payment Service Provider and the General Conditions of the Bulledac Company, the latter prevail.
The buyer expressly mandates the Bulledac Company to transmit to the Payment Service Provider all your instructions relating to payments made on the Site.
Confirmation of an order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to rely on one's own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and has provided it on their order form, Bulledac will send them confirmation of the registration of their order by email.
If the buyer wishes to contact the Bulledac company, he can do so either by post to the following address: Bulledac – 8 Montée Val d'Azur – 83110 Sanary-sur-mer; either by email to the following address: contact@captibulle.com or by telephone at +33 (0)667726524
Clause No. 7: Late payment
In the event of total or partial failure to pay for the goods delivered on the due date, the buyer must pay Bulledac a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
The interest rate provided for in the General Terms and Conditions generally corresponds to the semi-annual key rate (refinancing rate or Refi) of the European Central Bank (ECB), in force on January 1 or July 1, increased by 10 points.
But it can be lower, without however being below the minimum rate of 6.18% (from January 1, 2023), corresponding to 3 times the legal interest rate (= 3 x 2.06%) .
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause No. 8: Termination clause
If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the remaining amounts due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of the Bulledac company.
Clause no. 9: Reservation of ownership
The Bulledac company retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.
As such, if the buyer is subject to receivership or judicial liquidation, the Bulledac company reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
Clause No. 10: Withdrawal
Under article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except return costs. The returned item(s) must not have been opened and/or used.
Clause No. 11: Delivery
Deliveries are made to the address indicated on the order form as the “delivery address” (which may differ from the billing address) which can only be within the agreed geographical area. Orders are made by La Poste delivery service with tracking, delivery without signature. Delivery times are given for information purposes only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:
- the award of damages;
- cancellation of the order.
The Bulledac company will be able to provide the buyer with the tracking number of their package by e-mail. The buyer is delivered to his home by his postman. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of the Bulledac company. The buyer is required to check, in the presence of the Post Office employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier confirmed in writing within three days of delivery by registered mail addressed to the company.
Clause No. 12: Billing
Purchase invoices will be sent to the buyer by email, per order in the case of a single purchase.
Clause No. 13: Guarantee
All products supplied by the Bulledac company benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code. In the event of non-compliance of a product sold, it may be returned to the Bulledac company which will take it back, exchange it or reimburse it. All complaints, requests for exchange or reimbursement must be made by post to the following address: Société Bulledac – 8 montere Val d'Azur – 83110 Sanary-sur-mer, within thirty days after delivery.
Clause No. 14: Liability
The Bulledac company, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.
Clause No. 15: Force majeure
Bulledac cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause No. 16: Personal data
The Bulledac company undertakes to preserve the confidentiality of the information provided by the buyer, which he may be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: Société Bulledac – 8 montere Val d’Azur – 83110 Sanary-sur-mer.
Clause No. 17: Dispute resolution
These distance selling conditions are subject to French law. For all disputes or disputes, the competent court will be that of Toulon.
Clause No. 18: Intellectual property rights
Systems, software, structures, infrastructures, databases and content of any nature (texts, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, illustrations and computer codes, design, structure, selection, coordination, expression, appearance and usability, presentation and arrangement of content, visuals, database, etc.) appearing and used on captibulle.com are protected by all rights of intellectual property or database producer rights in force, and is protected by trade dress, copyright, patent and trademark laws, and various other applicable intellectual property and competition laws unfair. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part (including by “mirror writing”) on a other computer, server, website or publication or distribution medium, or for any commercial enterprise whatsoever, without the written authorization of the Bulledac Company are strictly prohibited and may be subject to legal proceedings.
Clause No. 19: Advertising communicated
The Bulledac Company reserves the right to insert on any page of the Site and in any communication sent any advertising or promotional messages in a form and under conditions of which the Bulledac Company is the sole judge.
Clause No. 20: Third-party links and sites
The Bulledac Company cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) which the customer accesses via the Site.
Bulledac assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use.
The Bulledac Company is also not responsible for transactions between the buyer and any advertiser, professional or merchant (including any partners) to whom the buyer is directed through the Site and the Bulledac Company is not would in no case be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and other obligations whatsoever to which these third parties are bound.
Clause No. 21: Prohibited behavior
The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into captibulle.com systems, (iii) any misappropriation of resources system of the Site, (iv) any actions likely to impose a disproportionate load on the infrastructures of the latter, (v) all attacks on security and authentication measures, (vi) all acts likely to infringe the rights and financial, commercial or moral interests of the Bulledac Company or those of users of the captibulle.com Site, (vii) any practice diverting the captibulle.com site for purposes other than those for which it was designed and finally more generally (viii ) any breach of the General Conditions or the laws and regulations in force.
It is also strictly prohibited to monetize, sell or grant all or part of access to the captibulle.com Site, to the information it contains as well as to resell products intended for the personal use of the buyer.
In the event of failure to comply with any of the provisions of this article or more generally, violations of laws and regulations, the Bulledac Company reserves the right to take all appropriate measures and initiate any legal action.
Clause No. 22: Method of proof
Proof can be established by any means.
The buyer is informed that the messages exchanged through the captibulle.com Site as well as the data collected on the captibulle.com Site and the computer equipment of the Bulledac company constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
Done in Sanary-sur-mer, on 10/20/2023
Sophie Lebon, President of the Bulledac Company
