QN Europe France, SAS, with a capital of 5,000 euros located at 68 rue Principale, 57800 Betting, registered with the Sarreguemines Trade and Companies Register under number B 894 267 350, eu.support@qneurope.com and for intra-community VAT number FR21894267350, represented by its current Chairman,
CUSTOMER AND SHIPPING AND BILLING ADDRESS:
By signing this document, I acknowledge that prior to providing my personal information I have read the “personal data” clause of the General Terms and Conditions of Sale regarding the use that will be made of my data, my right not to answer questions about my personal data and the fact that if I do not answer questions marked with an asterisk, My order could not be processed, as all the information marked with an asterisk is necessary for the execution of the order. By providing my email address, I agree that the company may communicate with me by email to send me commercial information and promotional offers, in particular in the context of a newsletter.
By ticking the box opposite, I agree that the company can send me text messages to help me take advantage of these commercial opportunities:
HOME SELLER WITH WHOM I AM IN CONTACT (if applicable):
Name* ______________________________ Prénom* _________________________________
Postal ________________________________________________Code Address* ___________ City* _______________
Private phone* __________________ Portable* ________________
Email_______________________________________
Name* and shipping address* if different from the above information:
Products ordered:
Ref. | Designation | Quantity | Unit price incl. VAT | VAT rate | Amount incl. VAT |
Delivery-assembly package in metropolitan France (cross out any unnecessary information) | OFFERED | ||||
TOTAL TTC to be paid at the time of order |
Methods of payment (tick the corresponding box) cash (at the time of order) by:
◻ PayPal ◻ Wire transfer ◻Credit card
I would like information for o Organize a meeting o Become a Distributor
Done at Sarreguemines.
The customer acknowledges that he or she has read the general terms and conditions of sale before placing this order, and that he or she has benefited from the time he or she wished, necessary for their understanding. The User also acknowledges that he has read and accepted the terms of this Purchase Order, including the related terms and conditions of sale.
Date and customer acceptance
Special terms and conditions for distance selling Version 11.2024
General terms and conditions of distance selling
Version 11.2024
Article 1 – General
These general terms and conditions express, together with the special conditions, the obligations of the parties which are, on the one hand, the aforementioned QNEUROPE company (hereinafter “the company”, “the company”, “the seller” or “we”), and on the other hand, the buyer identified in the special conditions (hereinafter “the buyer”, “the customer”, “the consumer” or “you”).
In this sense, the buyer is deemed to accept the aforementioned conditions without reservation.
Unless otherwise provided for in the special terms and conditions, these general terms and conditions of sale apply to the exclusion of all other general terms and conditions, and in particular those applicable to sales in the physical presence of the seller or by means of other distribution and marketing channels.
If a condition of sale were to be missed, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
Article 2 – Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the distance sale of goods offered by the seller to the buyer. They apply to the exclusion of all other general terms and conditions, and in particular those applicable in the context of door-to-door sales.
These terms and conditions only apply to purchases delivered in mainland France to the exclusion of any other territory.
These purchases concern the products mentioned in the special terms and conditions of sale.
The buyer declares that he has read these general terms and conditions of sale and that he has accepted them before his immediate purchase or the placing of his order. In this respect, they are enforceable against it.
The buyer declares that the acquisition of these products is intended for non-professional use.
As the company may modify its general terms and conditions at any time, the buyer is informed that only the general terms and conditions to which he has subscribed are applicable to him.
The company advises the buyer to keep the terms and conditions to which he has subscribed on a reliable and durable medium.
Article 3 – Pre-contractual information
The buyer acknowledges that he or she has been informed, prior to placing his order and concluding the contract, in a legible and understandable manner, of these general terms and conditions of sale and all the information listed under the legislation in force.
Article 4 – The order
The buyer places his order online using the form for this purpose, for any product, within the limit of available stocks.
In order for the order to be validated, the buyer must first accept the general and specific terms and conditions (products ordered and applicable prices, etc.). He will also have to choose the address and the delivery method, and finally validate the payment method.
Any acceptance of an order implies definitive acceptance of the prices and descriptions of the products chosen by the buyer, subject to the possible exercise of the right of withdrawal by the buyer as soon as he has it, and the guarantees mentioned below.
In certain cases, including non-payment, wrong address, or other issue with Buyer’s account, Seller reserves the right to hold Buyer’s order until the issue is resolved.
If the problem due to the fault of the buyer cannot be remedied, the order for this Product will be cancelled and any refund will be made, with the rest of the order remaining firm and definitive.
The products remain the property of the seller until full and complete receipt of the price. Spare parts essential for the use of the goods are available on the market for five years from the purchase of the product.
Seller reserves the right to refuse or cancel any order from a buyer who is known to be insolvent or with whom there is or has been a commercial or payment dispute.
The buyer declares that he has the legal capacity to make a valid commitment to his order.
For any questions relating to the tracking of an order, the buyer must contact the company’s customer service at the following address: eu.support@qneurope.com
Article 5 – Electronic signature
The express acceptance of the order by the buyer, as well as the provision of his credit card number, constitute proof of the buyer’s agreement and payment of the sums due under the purchase order.
In the event of fraudulent use of their means of payment, the buyer is invited, as soon as this use is observed, to contact their bank and the company’s customer service at the following address: eu.support@qneurope.com clearly indicating the urgency of their email.
The express acceptance of the order by the buyer is equivalent to a handwritten signature and constitutes an irrevocable acceptance (except for any right of withdrawal and guarantees) and without reservation of the order by the buyer.
Article 6 – Order confirmation
Contractual information relating to the order will be confirmed at the latest at the time of delivery/delivery. The purchaser is strongly advised to keep this order confirmation on a durable medium.
Article 7 – Proof of the transaction
Unless proven otherwise, the data recorded by the seller on the Internet, by email or, if applicable, by telephone constitute proof of all contractual exchanges that have taken place between the seller and the buyer. Computerized records, kept in the Seller’s computer systems under reasonable security conditions, will also be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can also be produced as evidence.
Article 8 – Product information
The products governed by these terms are those that appear on the seller’s website or its paper catalogue, and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, and excluding any unfair commercial practice, if errors or omissions have occurred with regard to this presentation and the photographs of the products, which have no contractual value in themselves, the seller cannot be held liable.
Article 9 – Prix
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not take into account the delivery costs, which may be invoiced in addition, and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically and immediately reflected in the price of the products. Payment of the full price must be made at the time of ordering. The sums paid do not constitute a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change would also be automatically and immediately reflected in the selling price of the products.
The price is payable according to the special conditions of sale.
Article 10 – Method of payment
This is an order with an obligation to pay, which means that placing the order implies payment from the buyer.
The buyer guarantees to the seller that he has the necessary authorisations to use the payment method chosen by him, when validating the purchase order. The seller has an order verification procedure in place to ensure that no one uses another person’s bank details without their knowledge. As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by fax. The order will then only be validated after receipt and verification by the seller of the parts sent.
Payments made by the buyer will only be considered final after the actual collection of the sums due by the seller.
Article 11 – Availability of products – Refund – Resolution
Unless otherwise specified or in cases of force majeure, the maximum delivery time is 10 weeks.
In the event of non-compliance with the agreed delivery time, the buyer must, before resolving the contract, instruct the seller to perform the contract within a reasonable additional period of time. If it is not performed by the end of this new period, the buyer will be free to terminate the contract. The buyer must make his requests by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract shall be deemed to be terminated upon receipt by the Seller of the letter or writing informing him of such rescission, unless delivery has been dispatched in the meantime.
The buyer may, however, terminate the contract immediately, if the dates or deadlines seen above constitute an essential condition of the contract.
In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option of cancelling his order.
The buyer will be reimbursed the sums paid no later than 30 working days after the effective termination date of the contract.
Article 12 – Delivery methods
Delivery means the transfer to the purchaser, or a person designated by the purchaser, of physical possession or control of the property. It is only made after confirmation of payment by the seller’s banking institution.
The products ordered are delivered according to the terms and conditions set out in the special conditions.
No deliveries are made to campsites, hotels, general delivery or PO boxes. The products are delivered (at the foot of your house or building) to the address indicated by the buyer on the order form, who must ensure the accuracy of the address on the order form. Any package returned to the seller due to an incorrect or incomplete shipping address and/or telephone number will be reshipped at the buyer’s expense.
In the case of home deliveries, if the buyer, or the person designated by him/her, is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the parcel to be collected at the place and within the time indicated.
The buyer, or the person designated by him, must check the condition of the items upon receipt by him. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product in relation to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or the person designated by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery errors
The buyer must make to the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or quality with the indications appearing on the order form. Any claim made after this period will be rejected.
The claim must be made by the buyer, by contacting customer service by email at the following address: eu.support@qneurope.com. Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will inform the buyer of the conditions for resolving the dispute, or the absence of possible resolution in the event of fault on the part of the buyer.
Unless the buyer is faulty, the return costs are the responsibility of the seller.
Article 14 – Transfer of Risk
The transfer of ownership is only carried out after full payment of the price by the buyer, regardless of the delivery date. Products travel at the seller’s own risk.
From the time of collection or receipt of the order by the buyer or the person designated by him, the risks of the goods collected or delivered shall pass to the buyer.
Article 15 – Product warranty
Legal guarantee of conformity and legal guarantee of hidden defects
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply. During that period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all the updates necessary to maintain the conformity of the property.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the product is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the property;
2° The repair or replacement of the property takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replacing goods;
4° The non-conformity of the property persists despite the seller’s unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property with a view to its repair or replacement suspends the warranty that remained to run until the delivery of the refurbished item.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against latent defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the item is kept or to a full refund against return of the item.
Commercial warranty
The products sold are also covered by a commercial parts and labour guarantee aimed at guaranteeing their conformity with the contract in terms of malfunctions and ensuring the reimbursement of the purchase price, the replacement or repair of the goods, under the following conditions:
The products come with a 2-year parts and labor warranty.
The buyer must contact customer service by email at eu.support@qneurope.com the following address before returning a product, which will indicate the procedure to follow.
Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the seller from any liability towards the buyer.
The commercial warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products. Normal wear and tear parts are not covered by the warranty.
If applicable, any opening of the electrical components or electronic product voids this warranty.
As part of the implementation of the commercial guarantee or the legal guarantee of conformity, the costs of returning the product to and from the product are borne by the buyer. If a breakdown falling under one of these guarantees is noted by the seller, the costs of returning the product to and from the product will be reimbursed to the buyer on the basis of the price invoiced to the buyer and upon presentation of supporting documents, unless the costs incurred by the buyer are manifestly unnecessarily disproportionate.
The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of liability for defective products.
Article 16 – Right of withdrawal
If you sign the contract, you will have the right to withdraw, without giving any reason, within fourteen days.
However, although the right of withdrawal is in principle general, in certain specific situations, you will not be able to exercise your right of withdrawal, in application of the law, and by exceptions.
Thus, the right of withdrawal cannot be exercised for contracts:
– The supply of goods made to the consumer’s specifications or clearly personalized;
– The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
– Providing audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you:
– takes physical possession of the property;
– or in the case of a contract for several goods ordered by means of a single order and if these goods are delivered separately: takes physical possession of the last goods.
– or in the case of a contract for the delivery of an asset in several lots or pieces: physically takes possession of the last lot or the last piece.
– or if it is a contract for the regular delivery of goods for a specific period of time (subscription for example): takes physical possession of the first good.
The day of receipt of the property is not counted in the time limit. The period begins at the beginning of the first hour of the day following the day of receipt, and ends at the expiry of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
The right of withdrawal may not be exercised by the consumer before the beginning of this period.
To exercise the right of withdrawal, you must notify us:
– your name, geographical address and, if available, your telephone number and email address,
– as well as your decision to withdraw from the contract by means of an unambiguous statement (e.g. letter sent by post or e-mail if these contact details are available and therefore appear on the standard withdrawal form).
You cannot submit your withdrawal notice directly on our website.
You may use the sample withdrawal form attached to these terms and conditions, but it is not mandatory. In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of this period. In all cases, the burden of proof for this exercise lies with the buyer.
In the event of withdrawal by you, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from the possible contract.
We may, however, defer the refund until we have received the product(s) in the order or until you have provided proof of shipment of the product(s) in the order, whichever is earlier.
In the event of termination of the contract, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date set out above.
Pursuant to Article L. 242-4 of the French Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
– the legal interest rate if the repayment is made no later than 10 days after the expiry of the 14-day period set out above,
– 5% if the delay is between 10 and 20 days,
– 10% if the delay is between 20 and 30 days,
– 20% if the delay is between 30 and 60 days,
– 50% between 60 and 90 days,
– and an additional five points for each new month of delay up to the price of the product, then the legal interest rate.
We will process the refund using the same payment method you used for the original transaction. With your express consent, another means may be used. In any case, this refund will not incur any costs for you.
It is recalled that the buyer, in the event of withdrawal after use of the goods, is engaged with regard to the depreciation of the goods(s) resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale.
In the event of withdrawal, you must return or return the goods to the attention of “Customer Service” at the address indicated in the header of this contract without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from the contract to the recipient indicated on the withdrawal form. This period is deemed to have been met if the customer returns the goods of the order before the expiry of the fourteen-day period.
In the event of withdrawal, the customer must bear the direct costs of returning the goods. These costs are estimated at a maximum of twice the amount indicated on the order.
If no amount is specified on the order (because we cover the full shipping costs), the costs will be estimated according to the maximums below.
None of these estimates, made in good faith, is binding on the seller. The price to pay for the return of your item may vary depending on the carrier you have chosen for the return of your item, the specific item concerned, the distance to be covered by the carrier, the time you will impose on it, etc.
Packages with a mass of less than 3kg | 10€ |
Packages with a mass between 3 and 5kg | 20€€ |
Packages with a mass between 5 and 12kg | 50€ |
Other items (with a mass greater than 12kg, whose dimensions are out of the package gauge, etc.) | Between 50€ and 200€ |
In the case of the transport of goods, contracts often provide that the products travel at the Customer’s own risk.
The seller therefore recommends that the buyer, in particular, take out insurance or a means of shipping (Colissimo, Chronopost, etc.) that allow him to cover the risks of loss or damage to his shipment during transport.
The Customer’s attention is drawn to the fact that they must take particular care in the packaging of the returned product, which must offer the same guarantees of resistance and impact absorption as the original packaging. Otherwise, in the event of damage to the product noted when it is received by the seller, the buyer may be held liable.
Article 17 – Force majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions are considered as grounds for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.
Force majeure will be considered as any irresistible facts or circumstances that are external to the parties and unforeseeable, despite reasonable efforts.
In the event of force majeure, the parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the injured party.
Article 18 – Intellectual property
The content of the website as well as the catalogue and all of the seller’s communication (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole holder of the intellectual property rights on this content.
Buyers agree not to make any use of this content; Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
The same protection, under penalty of the same penalties, applies to the products of the Society themselves, to their reproduction and representation; these are protected under intellectual property and industrial property as the case may be.
Article 19 – Protection of personal data and opposition to telephone prospecting
Collection of personal data
The personal data that is collected on this website (or “Platform”) is as follows:
Account opening
When creating the user’s account, including their name, surname, email address, postal code and date of birth.
Connection
When the user connects to the Platform, the Platform records, in particular, his or her surname, first name, connection, use, location and payment data.
Profile
The use of the services provided on the Platform makes it possible to fill in a profile, which may include an address and a telephone number.
Payment
In the context of the payment of the products and services offered on the Platform, the Platform does not record any of the financial data relating to the user’s bank account or credit card; This service is provided by our financial partner. The same applies to long-term rental, which is managed by our commercial partner.
Communication
When the Platform is used to communicate with other members, the data concerning the user’s communications is subject to temporary storage.
Cookies
Cookies are used in the context of the use of the site. The user has the option of disabling cookies from their browser settings.
Use of personal data
The personal data collected from users is intended to provide the services of the Platform, to improve them and to maintain a secure environment. Specifically, the uses are as follows:
– access to and use of the Platform by the user;
– management of the operation and optimization of the Platform;
– organisation of the terms of use of the Payment Services;
– verification, identification and authentication of the data transmitted by the user;
– offering the user the possibility of communicating with other users of the Platform;
– implementation of user assistance;
– personalization of the services by displaying advertisements based on the user’s browsing history, according to their preferences;
– Prevention and detection of fraud, malware (malicious software) and management of security incidents;
– management of any disputes with users;
– Sending commercial and advertising information, based on the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts;
– when the user publishes, in the free comment areas of the Platform, information available to the public;
– when the user authorises a third party’s website to access their data;
– when the Platform uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the Platform may carry out the transmission of data to follow up on claims made against the Platform and to comply with administrative and judicial procedures;
– if the Platform is involved in a merger, acquisition, asset sale or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
Security and privacy
The Platform implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
The processing of the personal data collected is responsible for the legal representative of the company and for the purpose of managing orders and re-exploiting for commercial purposes of the company alone within the scope of its legitimate interest, as well as the management and organization of sales meetings and the sales network if you have provided answers in the boxes of your wishes of the specific terms and conditions of sale.
All information marked with an asterisk is mandatory to process your order, otherwise the order cannot be processed. The others are not necessary for the order but allow the company to send you commercial information and promotional offers that are better suited to your tastes.
As specified in the special terms and conditions of sale, the mobile phone number may be used to send you text messages.
Your data will not be transferred to any territory other than a member state of the European Economic Area, the United Kingdom or Switzerland. You have the right to object to the provision of your personal data (as specified in the special terms and conditions of sale and, where applicable, indicated by the Company’s Advisor) as well as the right to access, rectify and, subject to the legal provisions applicable to the matter, limit the processing, portability and deletion of data concerning you, by contacting the data controller (dataprotection.qn@qneurope.com).
You can exercise your rights by writing to this service, mentioning your surname, first name, address and attaching a legible and valid copy of both sides of your official identity document.
You also have the right to lodge a complaint with the national public authority responsible for data protection.
Your data will only be communicated to the company’s service providers and only for the purposes of its own customer relations and commercial re-exploitation activity (the company’s distribution network, the company’s employees and service providers), or possibly to the administration in the context of the company’s legal, administrative or judicial obligations.
The Customer acknowledges that he or she has been informed of his or her rights in relation to personal data prior to his or her purchase, and expressly authorizes the Company to retain and use the personal data it has collected about him/her, including his/her telephone numbers, under the terms of this document.
The duration of the use of consumers’ personal data by the company is set at 36 months from the date of the customer’s last purchase, the end of his commercial relationship with the company under the contractual warranty of the product he has purchased, or the last contact with the company, whichever is later.
In addition, and in order to comply with its legal obligations, the company securely archives this data, which is no longer used in the context of customer relations or commercial re-exploitation; and this for a period of six years.
At the end of this period, and unless any statute of limitations has expired (due to an ongoing judicial or administrative dispute in particular), this data will be permanently deleted.
Opposition to telephone prospecting in France
Pursuant to Article L. 223-1 of the French Consumer Code, if you do not wish to be the subject of commercial prospecting by telephone, you can register free of charge on a list of opposition to telephone canvassing.
Article 20 – Partial non-validation
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Section 21 – Non-Waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted in the future as a waiver of the obligation in question.
Article 22 – Title
In the event of a difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23 – Language of the contract
These general terms and conditions of sale are written in French.
Article 24 – Mediation
The buyer may resort to the following conventional mediations in the event of a dispute. Unless otherwise provided by law, no other conventional mediation mechanism may be used by the buyer.
MEDIATION FRANCE. In the event of a dispute, you must first contact the company’s customer service by email at the following address: eu.support@qneurope.com
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company adheres to the mediation system of the Consumer Mediation Center for Justice Conciliators (CM2C), registered on the list of the National Evaluation Commission, located at 14 rue Saint Jean 75017 Paris (www.cm2c.net). After prior written approach on your part to the company, you can refer to this mediation system for any consumer dispute that has not been settled. You undertake not to refer the matter to any other mediation system.
To find out more about the conditions and procedures for referring the matter to the Mediator, go to: www.cm2c.net
In parallel to these amicable resolution systems, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase and then forward them to the competent national ombudsmen. This platform is accessible at the following address:
www.ec.europa.eu/consumers/odr
Article 25 – Applicable law
Unless otherwise provided by law, these General Terms and Conditions are subject to the application of the consumer’s right of residence within the framework of Article 1, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as well as for the formal rules.
The competent court is the national court to which the claimant may apply in accordance with the national law applicable to him.
APPENDIX 1 – Withdrawal form
This form must be completed and returned by the buyer in the event of a desire to withdraw from the contract.
For reasons of proof, the buyer is advised to send his withdrawal by registered letter with acknowledgement of receipt.
WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract and if you have a right of withdrawal (see above)
Attention: QN Europe France Customer Service , 68 rue Principale, 57800 Betting, eu.support@qneurope.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
ORDER (*)/received (*): ……………………………………………………………………………………………………………………………….
NAME of consumer(s): …………………………………………………………………………………………………………………………………
ADDRESS of the consumer(s):……………………………………………………………………………………………………………………….
SIGNATURE of the consumer(s) (only in case of notification of this form on paper):
DATE………………………………….
(*) Delete the unnecessary mention.
Neuhofstraße 9
D-64625 Bensheim
Germany
Email: eu.support@qneurope.com
Phone: +49 (0) 6251 98 91 640
68 Rue Principale
57800 Betting
France
Email: eu.support@qneurope.com
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