General Conditions of Sale and Use
Article 1: Preamble
These general conditions of sale apply for all transactions with the company HITECHHERO registered in the Register of Commerce and Companies of Nanterre under the number 834 176 943 whose head office is located at 54 rue Poussin - 75016 Paris, (here- after "qoolspot.com" or Seller) and anyone visiting qoolspot.com or making a purchase (hereinafter "The Customer").
When confirming the order, the customer declares to accept without reserve the general conditions of sale here.
The general conditions of sale apply immediately upon conclusion of the sales contract.
The Customer undertakes to respect its commitments as soon as the order is placed.
The Seller agrees to make available to the Customer these terms and conditions of sale that he can consult at any time. The Seller undertakes to make these conditions visible on his site.
The Seller reserves the right to modify at any time these terms and conditions of sale. However, in order to guarantee the legal security of the Customer, the general sales conditions applicable to the sales contract will be those in force on the site at the conclusion of the sale or the order.
The photos on the site do not commit the Seller to a contractual obligation that the product delivered identical. Only the description of the product is contractual commitment. qoolspot.com has no contractual relationship with the following brands: UGREEN®, BASEUS® or ROCK®.
Article 2: Delivery
Delivery times indicated on the site are average times practiced by qoolspot.com site. They represent the processing time of the order, packaging of products and transport.
This delay is less than 48 hours (excluding weekends and holidays.) The delivery time of 24 hours posted on the site qoolspot.com is an indicative time.The Seller could not be held liable for not having met this deadline. .
This delay will apply for any order placed before 16h to guarantee the processing of the order placed.
For products not stored in the Seller's warehouse, deadlines are only valid subject to availability at our suppliers.
For products out of stock, the Seller agrees to provide an indicative delivery time in a timely manner by mail or any other means of communication. Any delay in delivery shall in no case be charged to the responsibility of qoolspot.com and lead to a cancellation of the order, a price reduction or a refund of the price of the order. The Seller agrees to make available to the customer the conditions and delivery charges on its website qoolspot.com
These conditions are only valid for the following delivery zones: Metropolitan France except Corsica, Belgium, Luxembourg. Orders are delivered to the delivery address indicated by the customer when concluding the sales contract. The shipping costs are variable, according to the tariff schedule of the carriers. The Customer is free to choose his carrier.
The Seller could not be held liable for any damage or delay in delivery resulting from the actions of the carriers.
Shipping costs are offered from 9 euros purchase including tax. In case of free delivery qoolspot.com reserves the right to choose the carrier.
Shipping costs include packing, handling and shipping costs. They are variable according to the weight of your order. Qoolspot.com agrees to consolidate the Customer's purchases into one order to reduce these transportation costs. In case of two orders placed deferred, the Customer agrees to pay the shipping costs for each of them.
The goods, even shipped free of port, travel at the risk of the recipient. "The Customer" must therefore take all the necessary insurance to cover the risks incurred. We take special care with packages containing fragile products. In accordance with articles L133-1 and following of the Code of Commerce, the Customer agrees to the carrier and qoolspot.com by registered letter with acknowledgment of receipt within 3 days of receipt of the product all reservations on the product delivered (by example: damaged package, already open, missing product ...)
The delivery service does not include delivery to the floor. The Customer undertakes to take all necessary measures to ensure the delivery of the products to his home.
Article 3: Order
The Customer declares to be at least 18 years old and have the legal capacity or to hold a parental authorization allowing him to make an order on the site qoolspot.com.
Any order made by telephone, entails the application of the general conditions of sale listed on the website at the time of the conclusion of the contract of sale. In the same way, the Customer agrees to accept without reservation these conditions of sale.
Article 4: Guarantees and liability
The Customer benefits from the provisions of the legal warranty against hidden defects.
The Seller undertakes that all products offered are in compliance with the French legislation in force and standards applicable in France.
Nevertheless, the responsibility of qoolspot.com can not be engaged in case of breach of its contractual obligations due to a fortuitous event or a case of force majeure as defined by article 1218 of the civil code and jurisprudence French refer to it. Likewise, qoolspot.com will not be held responsible for any consequential damages, loss of profits, business losses, loss of data, loss of profits or any other damages resulting from the purchase of the products.
The responsibility of qoolspot.com will not be engaged in case of delay due to a stock-out at the supplier.
In addition, in the event of non-substantial differences between the texts and illustrations of the site qoolspot.com and the products ordered, the responsibility of qoolspot.com will not be engaged. The appearance of the products offered on qoolspot.com may differ depending on the type of hardware you use.
Qoolspot.com can not be held responsible for financial losses, problems, damages, direct or indirect (including loss of profits, turnover, customer or anticipated savings) resulting from the use and / or product malfunction or inability to use it.
Products for sale on the qoolspot.com website are harmful if swallowed. The Customer agrees to keep them out of the reach of children.
The company qoolspot.com has for all stages of access to the site, the ordering process, delivery or subsequent services, an obligation of means. The responsibility of qoolspot.com can not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service.
Article 5: Payment
Except for derogations such as administrative warrants, "The Customer" must make the payment at the conclusion of the sales contract, cash and no discount.
The Seller reserves the right, in case of non-payment, to apply penalties of delay to the customer if the payment is not made within 45 days. Penalties of an amount equal to the legal interest rate would be applied per day.
The Customer can make the payment by credit card via the secure bank gateway by Stripe.
Accepted credit cards are Visa and Mastercard and AMERICAN EXPRESS.
On the site, the information entered by the Customer is secure.
For security reasons, we do not store our customers' banking data on our website.
Article 6: Returns
In application of article L121-21 of the French Consumer Code:
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, without having to justify his decision or to bear other costs than those provided for in articles L. 121-21-3 - L. 121-21-4 of the same code.
The period runs from the date of receipt of the goods by the consumer or a third party, other than the carrier designated by him, for contracts for the sale of goods and contracts for the supply of services including the delivery of goods. The consumer can exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece.
In application of Article L121-21-2 of the French Consumer Code:
The consumer informs the professional of his decision of withdrawal by sending him, before the expiry of the period provided for in Article L. 121-21 of the Consumer Code, any declaration, without ambiguity, expressing his will to retract to the following address: email@example.com
The burden of proving the exercise of the right of withdrawal under the conditions provided for in this article is on the consumer.
In application of article L121-21-3 of the French Consumer Code:
The consumer returns or returns the goods to the professional or a person designated by the latter, within a maximum period between 1 and 14 days from the retraction.
The consumer only bears the direct costs of returning the goods, unless the professional agrees to take them over.
In application of article L121-21-4 of the French Consumer Code:
When the right of withdrawal is exercised, the trader must reimburse the consumer for all amounts paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which it is informed of the consumer's decision to retract. For contracts for the sale of goods, unless he proposes to recover the goods himself, the professional may postpone repayment until recovery of the goods or until the consumer has provided proof of the shipment of these goods, the date chosen being the date of the first of these facts. Beyond this, the sums due are automatically increased by the legal interest rate if the refund is made at the latest ten days after the expiry of the time limits set in the first two paragraphs, of 5% if the delay is between ten and twenty days, 10% if the delay is between twenty and thirty days, 20% if the delay is between thirty and sixty days, 50% between sixty and ninety days and five additional points per new months late until the price of the product, then the legal interest rate. The professional makes this reimbursement using the same means of payment used by the consumer for the initial transaction, unless expressly agreed by the consumer to use another means of payment and to the extent that the reimbursement does not result in costs to the consumer. The professional is not required to reimburse the additional costs if the consumer has expressly chosen a delivery method more expensive than the standard delivery method proposed by the professional.
Shipping and return costs are the responsibility of the Customer except in case of error qoolspot.com. Returns are to be made to qoolspot.com - Returns Service - 54 rue Poussin - 75016 Paris. This right of return can only be applied for products in their original condition, complete, in good condition, such as qoolspot.com has delivered and accompanied by a copy of the invoice. Products returned incomplete, damaged, damaged or soiled are not included.
Article 7: Price
The prices presented on the site are indicated in euros excluding taxes (VAT and other applicable taxes). These prices do not include the delivery and packaging costs of the products ordered.
Rates quoted on qoolspot.com can be adjusted at any time depending on market developments. The goods are invoiced at the rate in force on the day of the order of the customer
Article 8: Identification
All elements of the site qoolspot.com, whether visual or sound, including the underlying technology are protected. They are the exclusive property of qoolspot.com. The user who decides to make a partial or total reproduction of the website must make the request by registered mail to qoolspot.com. Otherwise, qoolspot.com reserves the right to take legal action to put an end to the infringement of its property.
Article 9: Retention of title
The delivered goods will remain the property of qoolspot.com until their shipment when handed over to the carrier, after the conclusion of the sales contract by the customer.
From the dispatch of said goods, all risks are transferred to the Customer.
Article 10: Nominative information
Qoolspot.com is committed to protecting the personal data of the Customer. All personal data concerning "The Customer" are collected are treated confidentially.
This data is necessary for the management of the order and the commercial relations between qoolspot.com and "The Customer". This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable qoolspot.com to improve and personalize the services offered to the Customer.
Cookies files are written in the memory of your browser. Their lifespan is permanent. They contain a unique identifier by browser. They constitute the history of the visits on our site and on each one of its pages. You always have the option to set your browser to refuse these cookies without altering your navigation on our site.
As soon as you place an order on our site you give us your e-mail address which is used to track your order. These coordinates are also used if the customer wishes to send them our newsletters on our products. If you no longer wish to receive information from qoolspot.com, we always give you the opportunity by return mail or by clicking on the link in the emails, to unsubscribe from this mailing list.
Depending on the terms and conditions chosen when creating or consulting the customer account, "The Customer" may receive offers from qoolspot.com and its partners. If "The Customer" does not wish it, it is enough for him to make the request by registered letter with acknowledgment of receipt to: Qoolspot.com - 54 rue Poussin - 75016 Paris.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access and rectify your personal data. In order to assert these rights, the customer will have to send a registered letter with acknowledgment of receipt to qoolspot.com - 54 rue Poussin - 75016 Paris, or by e-mail to firstname.lastname@example.org by indicating us your name, first name, e -mail, address and if possible your customer number.
Article 11: Availability
Product availability is listed on www.qoolspot.com.
If the product is not available, qoolspot.com will offer the Customer a product of quality and equivalent price in replacement with the prior consent of the customer.
If the products are unavailable, qoolspot.com will inform the Customer by e-mail or telephone as soon as possible.
In case of permanent unavailability, and if qoolspot.com can not provide the Customer with a product of quality and equivalent price, qoolspot.com will cancel the order and refund the price of the order.
Article 12: Guarantee
Regarding warranties, the Seller agrees to comply with Articles 1641 to 1648 of the Civil Code and related case law.
The seller agrees to comply with Articles 1641 to 1648 of the Civil Code and related case law.
Article 1641: The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unfit for the use for which it is intended, or which so much diminish this use that the buyer would not have acquired it, or would have given a lower price, had he known them.
Article 1642: The seller is not liable for obvious defects and which the buyer could convince himself.
Article 1643: He is liable for hidden defects, even if he has not known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644: In the case of articles 1641 and 1643, the buyer has the choice to return the thing and to be refunded the price, or to keep the thing and to be returned part of the price, as it will be arbitrated by experts.
Article 1645: If the seller knew the defects of the thing, he is held, in addition to the return of the price he has received, all damages and interest to the buyer.
Article 1646: If the seller was unaware of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale.
Article 1647: If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two previous articles. But the accidental loss will be on behalf of the buyer.
Article 1648: The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
To be in conformity with the contract, the property must:
To be fit for the customary use of a similar good and, where applicable: To correspond to the description given by the seller and to possess the qualities that he presented to the buyer in the form of a sample or a model. Present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.
Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
The defects of conformity which appear within a period of six months from the delivery of the good are presumed to exist at the time of the delivery, unless proven contrary.
The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.
The buyer is entitled to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. The same is true when the defect originates in the materials he himself provided.
In case of lack of conformity, the buyer chooses between repair and replacement of the goods.
ART. L. 211-9: However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate with regard to the other modality, taking into account the value of the good or the importance of the default. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
ART. L. 211-10: If the repair and replacement of the property are impossible, the buyer may return the property and be refunded the price or keep the property and get a part of the price. The same faculty is open to him: 1- If the solution requested, proposed or agreed pursuant to Article L. 211-9 can not be implemented within one month of the claim of the buyer. 2- Or if this solution can not be without major inconvenience for this one considering the nature of the good and the use that it seeks. The resolution of the sale can not however be pronounced if the lack of conformity is minor.
The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1648 (below) of the Civil Code or any other action of a contractual nature or extracontractual which is recognized by the law.
Article 13: Applicable Law and Jurisdiction
Any reproduction, even partial, of the site and the present catalog is illicit (article L124.4 of the code of the intellectual property, law 92597 of July 1st, 1992) and constitutes an infringement punished by articles 425 and following of the Penal Code.
In case of dispute, the Customer will first contact the customer service of qoolspot.com to agree on an amicable solution.
In the event of failure of the negotiations, the court of Créteil will be only competent for any dispute resulting from the application of the present general conditions of sale and the commercial relation existing between qoolspot.com and the customer.
These general conditions of sale are subject to the application of French law. The contractual information is presented in French and the products offered for sale comply with French law. In case of translation, only the French version of these terms and conditions prevails.