General Terms and Conditions of Sale

1. Legal Information

These general terms and conditions of sale govern all relations between Additiz (located at 690 route des Laffins, 74570 FILLIERE, registered with the R.C.S. of Annecy under number 941 398 141), referred to as « the seller, » and the individual or legal entity purchasing products or services from the company, hereinafter referred to as « the buyer » or « the customer. »

These general terms and conditions of sale are systematically brought to the attention of each buyer when placing an order. The buyer can also consult these terms freely and at any time by clicking on the general terms and conditions of sale page.

The seller is the publisher of Additiz products and services intended for consumers, marketed through its website (https://www.additiz.com). The list and description of the goods and services offered by the company can be consulted on the aforementioned site.

These general terms and conditions of sale determine the rights and obligations of the parties in the context of the online sale of products or services offered by the seller. Consequently, placing an order implies the full and unreserved acceptance by the buyer of these general terms and conditions, to the exclusion of all other documents, such as brochures or catalogs issued by the seller, which are only indicative.

If the user of this website does not accept these terms and conditions, they are requested not to use the services offered by the seller.

Any contrary condition set by the buyer will therefore, in the absence of express acceptance, be unenforceable against the seller, regardless of when it may have been brought to their attention.

These general terms and conditions may be modified at any time and without notice by Additiz, with the modifications then applying to all orders subsequent to this modification.

2. Orders and Products

These general terms and conditions of sale govern the sales of products or services made 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 accepted them before placing an order.

An order consists of the purchase by a customer of one or more products/services from the seller through the website https://www.additiz.com, by selecting the desired products, completing the presented forms, and paying the order amount.

When the buyer confirms their order by clicking the « Validate the order » button, they declare that they accept it as well as the entirety of these general terms and conditions fully and without reservation. Upon registration of the order, an acknowledgment of receipt will be sent to the customer’s email address. This acknowledgment of receipt is equivalent to acceptance and validation of the order.

The customer acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs.

The customer declares that they are legally able to contract under French law or validly represent the individual or legal entity for whom they are committing.

Unless proven otherwise, the information recorded by the seller constitutes proof of all transactions.

The choice and purchase of a product are the sole responsibility of the buyer.

The seller cannot be held responsible for any direct or indirect damage resulting from inappropriate use or storage of the products.

Product offers are valid within the limit of available stock. In case of unavailability of the product, Additiz undertakes to inform the buyer and offers a refund or exchange for another similar item at the same price level, valid throughout the store.

Additiz reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order or deemed risky or fraudulent.

3. Prices

The prices of the products sold through the websites are indicated in euros including VAT and precisely determined on the product description pages. They are also indicated in euros including all taxes (VAT + any other taxes) on the product order page, excluding specific shipping costs. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These duties and sums are not the responsibility of the seller. They will be the responsibility of the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The seller invites the buyer to inquire about these aspects with the corresponding local authorities.

The company reserves the possibility of modifying its prices at any time for the future. The telecommunication costs necessary to access the company’s websites are the responsibility of the customer. If applicable, delivery costs are also the responsibility of the customer.

4. Conclusion of the Online Contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the customer must follow a series of steps to conclude the contract electronically to complete their order:

Information on the essential characteristics of the product;
Choice of the product, if applicable, its options;
Indication of the customer’s essential contact details (identification, email, address, etc.);
Acceptance of these general terms and conditions of sale;
Verification of the order details and, if applicable, correction of errors. Before confirming, the buyer has the possibility to verify the details of their order, its price, and correct any errors or cancel their order. Confirmation of the order will result in the formation of this contract.
Then, follow the instructions for payment, pay for the products, and deliver the order. The customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. They will receive a .pdf copy of these general terms and conditions of sale.

The customer will have the possibility during their order process to identify any errors made in entering the data and correct them. The language proposed for the conclusion of the contract is French.

The terms of the offer and the general terms and conditions of sale are sent by email to the buyer during the order and archived on the seller’s website.

The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium to constitute a faithful and durable copy 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 proper execution of the order, the customer undertakes to provide truthful identification details. The seller reserves the possibility of refusing the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.

5. Prices and Products

The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company’s websites, as well as, if applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display, or any other appropriate method, of the prices and special conditions of sale and execution of services before any conclusion of the sales contract. In all cases, the total amount due by the buyer is indicated on the order confirmation page. The selling price of the product is the one in effect indicated on the day of the order, which does not include the shipping costs billed additionally. These possible costs are indicated to the buyer during the sales process, and in any case at the time of order confirmation. The seller reserves the possibility of modifying its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The customer certifies having received a detail 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 limit of the available product stocks only. Failing this, the seller informs the customer; if the order has been placed, and in the absence of agreement with the customer on a new delivery date, the seller reimburses the customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.

Delivery is made to the address indicated by the buyer during their order. It is their responsibility to provide all the necessary details for the proper delivery of the package. The delivery times are given for information only and correspond to the processing times and the delivery time indicated by the carrier for each country depending on the choice of service.

6. Compliance

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these terms and conditions comply with the current regulations regarding the safety and health of persons, the fairness of commercial transactions, and the protection of consumers. Regardless of any commercial warranty, the seller remains liable for defects in conformity and hidden defects of the product.

In accordance with Article L.217-4, the seller delivers a product that conforms to the contract and is liable for any defects in conformity existing at the time of delivery. They are also liable for any defects in conformity resulting from the packaging, assembly instructions, or installation when this has been their responsibility under the contract or has been carried out under their responsibility.

In accordance with the legal provisions regarding conformity and hidden defects (Article 1641 of the Civil Code), the seller reimburses or exchanges defective products or those that do not correspond to the order. The request for reimbursement can be made as follows: Sending a detailed email about the product and the defect, return of the product, or reimbursement following a written agreement.

7. Transport and Responsibility

The products are delivered to the delivery address indicated during the order and within the indicated timeframes. These timeframes do not take into account the order preparation time. In case of a shipping delay, Additiz undertakes to inform you and find an amicable solution. In case of a delivery delay, the customer has the possibility to resolve the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code. The seller then proceeds to reimburse the product and the « outbound » costs under the conditions of the provisions of Articles L216-3 and L241-4 of the Consumer Code. The seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure the follow-up of the order. The seller reminds that at the moment the customer takes physical possession of the products, the risks of loss or damage to the products are transferred to them. It is the customer’s responsibility to notify the carrier of any reservations regarding the delivered product. The risks will be the responsibility of the customer from the date on which the ordered products have left the seller’s premises.

The goods travel at your expense, risk, and peril. You must therefore check your package at the time of delivery and, if necessary, make reservations on the delivery note provided by the carrier and in any case by notifying Additiz by registered letter within three days of receiving the package.

8. Return of the Product

Any return of a product, whether it occurs as part of the amicable settlement of a claim or for any other reason, must be the subject of a formal agreement between the buyer and the seller. If the product has been received and meets the required conditions for a refund (complete product, packaged, and in perfect resale condition), the refund will be made within 30 days to the bank account used for payment or by credit valid for a future order upon receipt of the product. The shipping costs will be the responsibility of the buyer.

Packages sent and not received by the buyer are returned by the service.

In case of unavailability of an item for a period exceeding 30 working days, you will be immediately informed of the foreseeable delivery times, and the order for this item may be canceled upon simple request. The customer can then request a credit for the amount of the item or its full refund and the cancellation of the order.

9. Reservation of Ownership

Until the effective and full payment of the price, Additiz remains the owner of the goods sold.

By connecting to the website created by Additiz, which holds all the intellectual property rights related to it, the customer is prohibited from copying or downloading all or part of its content without prior and express authorization from Additiz.

10. Payment

Payment is due immediately upon order, including for pre-ordered products. The customer can make the payment by credit card or PayPal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is carried out by our payment provider. The transmitted information is encrypted according to the rules of the art and cannot be read during transport over the network. Once the payment is initiated by the customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating their banking information during the sale, the customer authorizes the seller to debit their card for the amount relating to the indicated price. The customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error or impossibility to debit the card, the sale is immediately resolved by law, and the order is canceled.

11. Right of Withdrawal

In accordance with the provisions of Article L 221-5 of the Consumer Code, the buyer has the right to withdraw without giving any reason within a period of fourteen (14) days from the date of receipt of their order. The right of withdrawal can be exercised by contacting the company in the following manner: Sending an email to the contact. In case of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the customer. The returns of the products must be made in their original state and complete (packaging, accessories, instructions, etc.); they must be accompanied by a copy of the proof of purchase.

12. Guarantees

In accordance with the law, the seller assumes the guarantees of conformity and those relating to hidden defects of the products. The seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The request for reimbursement must be made as follows: (detail the procedure) The seller reminds the consumer that:

they have a period of 2 years from the delivery of the product to take action with the seller;
they can choose between the replacement and repair of the product, subject to the conditions provided by the aforementioned provisions;
apparently defective or not corresponding;
they are exempt from providing proof of the existence of the defect in conformity of the product during the six months following the delivery of the product.
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 sold item as defined in Article 1641 of the Civil Code, and in this case, they can choose between the resolution of the sale or a reduction in the sale price (provisions of Article 1644 of the Civil Code).

In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided by Title I of Book VI of the Consumer Code.

In case of failure of the claim request with the seller’s customer service, or in the absence of a response within two months, the consumer can submit the dispute to a mediator who will attempt, with complete independence, to bring the parties together to obtain an amicable solution.

The order can be canceled by the buyer by registered letter with acknowledgment of receipt in the following cases:

delivery of a product that does not conform to the characteristics of the order;
delivery exceeding the deadline set during the order or, in the absence of a deadline, within thirty days following the payment;
unjustified price increase or product modification. In these cases, the buyer can demand the refund of the deposit paid, increased by the interest calculated at the legal rate from the date of receipt of the deposit.

13. Intellectual Property Rights

The brands, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these general terms and conditions. Any total or partial reproduction, modification, or use of these assets for any reason is strictly prohibited.

14. Force Majeure

The execution of the seller’s obligations under these terms is suspended in the event of an unforeseeable event or force majeure that would prevent their execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

15. Nullity and Modification of the Contract

If one of the stipulations of this contract were annulled, this nullity would not entail the nullity of the other stipulations, which would remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

16. Protection of Personal Data

In accordance with Regulation 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data, the seller implements a processing of personal data for the purpose of selling and delivering the products and services defined in this contract. The buyer is informed of the following:

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 legal basis for the processing: contractual performance;
the recipients or categories of recipients of the personal data, if any: the data controller, their marketing departments, the departments responsible for IT security, the department responsible for sales, delivery, and orders, the subcontractors involved in the delivery and sales operations, as well as any authority legally authorized to access the personal data in question;
no transfer outside the EU is planned;
the duration of data retention: the time of the commercial prescription;
the data subject has the right to request from the data controller access to the personal data, the rectification or erasure of such data, or a restriction of the processing concerning the data subject, or the right to object to the processing and the right to data portability;
the data subject has the right to lodge a complaint with a supervisory authority;
the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the order process.

17. Applicable Law and Clauses

All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be governed by French law.

The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.

18. Consumer Information

For the information of consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The seller is liable for the guarantee due to hidden defects in the sold item that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, if they had known of them.

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the acquirer within a period of two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within the year following the date on which the seller can be discharged from the defects or apparent defects of conformity.

Article L. 217-4 of the Consumer Code: The seller delivers a product that conforms to the contract and is liable for any defects in conformity existing at the time of delivery. They are also liable for any defects in conformity resulting from the packaging, assembly instructions, or installation when this has been their responsibility under the contract or has been carried out under their responsibility.

Article L. 217-5 of the Consumer Code: The product conforms to the contract:

1° If it is fit for the use usually expected of a similar product 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 has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement of the parties or is fit for any special use sought by the buyer, brought to the attention of the seller, and accepted by the latter.

Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred two years from the delivery of the product.

Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of a movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the provision of the property for repair, if this provision is subsequent to the request for intervention.

19. Confidentiality

We respect the strictly confidential nature of the information transmitted to us when opening an account. We undertake not to sell, transmit, and/or disclose this information to anyone and under no circumstances. Personal information is used solely for business purposes, management, and to better know and serve our customers.

In accordance with Article 34 of the « Informatique et Libertés » law, you have the right to access, modify, rectify, and delete the data concerning you.