Terms and conditions of sale.

PREAMBLE: DEFINITIONS

Each of the expressions mentioned below, whether used in the singular or plural, shall have the following meaning in this contract:

– General Conditions: refers to the present general conditions of sale.

– Website or Site: refers to the website accessible under the URL www.presso-plus.com

– Service: All services offered on the Site.

– The Publisher or “ID Agency”: refers to the company ID AGENCY SLU, whose registered office is 96 carrer prat de la creu – Andorra, registered in the Andorra Trade and Companies Register under no. 841 062 102.

– Customers or Users or Consumers: refers to Internet users who use the Website’s services.

1. PURPOSE

The present General Terms and Conditions of Sale define the reciprocal obligations between the online sales site www.presso-plus.com operated by ID Agency and its customers. They apply exclusively to orders placed directly online by the Customer for items sold on the site.

This edition cancels and replaces all previous versions.

2. PRODUCTS, DISCOUNTS AND GIFTS

2.1 Products

The products offered on the www.presso-plus.com website are reproduced and described as accurately as possible. However, photos are not contractual. They are offered for the consumer’s information only.

Product specifications are subject to change without notice.

Handcrafted products listed as such on our website have a dimensional tolerance of +/- 5%.

2.2 Discounts and gifts

As part of promotional marketing operations or for commercial purposes, ID Agency may exceptionally offer one or more customers a discount, a discount code or a gift.

The discount or reduction code can be applied to either the product price or the shipping costs, it being understood that only one discount or reduction code is granted per order. When a discount is granted on a product, it is automatically deducted by the computer system from the total amount of the order. When a discount code is offered to the Customer, it is the Customer’s responsibility to enter it in the “Discount Code” field on the order validation page and then to check that the discount granted appears in the order summary. In the event of a computer system malfunction leading to a duplication of discounts, the invoice will be blocked until payment is regularized or the order is cancelled. Discount codes are valid within the limit of the expiry dates and only for the items concerned, which are clearly indicated on the www.presso-plus.com website. The Customer may not claim the benefit of a discount code that he or she has omitted to use when placing the order, and may not request its application once the order has been validated, as the latter remains firm and definitive as placed.

Gifts are subject to the same rules and are offered while stocks last. They are neither guaranteed, nor taken back, nor exchanged and cannot give right to any financial compensation.

3. AVAILABILITY

Items shown are available while stocks last. Consequently, ID Agency does not guarantee that products will remain on sale for a given period. Any complaint by the customer concerning the order or delivery of an unavailable item will be considered unfounded.

ID Agency has an inventory updating system. However, if a product is unavailable after an order has been placed, ID Agency undertakes to inform the Customer by e-mail or post as soon as possible. Customers may then request an exchange or cancellation of their order by sending an e-mail or by making a request directly at the bottom of the “FAQ” page on the www.presso-plus.com website. In the latter case, ID Agency undertakes to reimburse the sums paid by the Customer within a maximum of 14 days.

4. PRODUCT PRICING

4.1 Prices

Prices are given in euros and include all taxes at the time of ordering. After this date, they are subject to change at any time. If the customer has indicated a billing address and a shipping address both located in a country outside the European Community and French overseas departments and territories, the prices are displayed exclusive of tax, once the customer has logged into his/her account. Prices are applicable to distance selling and only on the www.presso-plus.com website. Under no circumstances can they be applied for in the brand’s physical stores (and vice versa).

ID Agency reserves the right to invoice, in addition to the price of the products, a flat-rate shipping charge representing a contribution to the preparation and delivery costs of the order. These costs, provided for in article 8 of these General Terms and Conditions of Sale, are added to the price mentioned for each product and are clearly indicated in the order summary and on the purchase invoice.

4.2 VAT

The VAT included in the price of the product is that in force in France for the products concerned on the day of the order. If the VAT rate is modified, the changes will be reflected in the price of the items without prior notice to the customer.

4.3 Transfer of ownership

ID Agency retains full ownership of the products sold until full payment has been received for all sums due by the Customer in connection with the order, including taxes and charges. These provisions do not preclude the transfer to the Customer of the risks of loss or deterioration of the products subject to retention of title, or of any damage they may cause, upon delivery of the products.

4.4 Sales and promotions

During summer and winter sales, the dates of which are fixed by law, products “in stock” and mentioned as such on the site may be subject to sales within the limits of available stocks. The percentage discount is automatically calculated and deducted from the normal sales price. Products on sale are taken back and exchanged under the same conditions and within the same timescale as other products sold on the site, in accordance with the terms and conditions set out in article 8 hereof.

5. ORDER

5.1 Order confirmation

To validate an order, tick the box “I have read the terms and conditions of sale and accept them unreservedly”, then click on the “ORDER” button (“double-click” procedure). This validation constitutes an electronic signature which has the same value between the parties as a handwritten signature, and is proof of the completeness of the order and of the payability of the sums due in execution of the said order. Orders placed on the www.presso-plus.com website are therefore firm and definitive for the customer from the moment the order is validated (“double-click” procedure) or from the moment any document showing an order is received.

Due to the increase in fraud, the customer’s IP address is recorded for all orders, and ID Agency may check orders and refuse to validate them, then cancel an order within 15 days for a legitimate reason (incorrect or incomplete information requested when the customer account is opened, unverifiable customer details, unusual quantities ordered, mismatch between the customer’s IP address and the nationality of the payment method used, etc.).

ID Agency may also ask the customer to provide proof of identity and/or address. In the event of such a request, the Customer will be notified by e-mail of the supporting documents to be returned in order to obtain final validation of the order. The order will only be validated once these elements have been received and checked, and the order will be dispatched from this date only. In the absence of receipt of these documents within 15 days of validation of the order by the Customer, or in the event of refusal by the Customer, the order will be deemed cancelled ipso jure.

Furthermore, ID Agency reserves the right to refuse to validate or cancel any order from a customer with whom there is a dispute over payment of a previous order, or whose documents have not been verified. In this case, payment of the order will not be effective and the amount will not be debited from the Customer’s account or will be reimbursed within a maximum of 14 days. Finally, ID Agency reserves the right to refuse and cancel any order for which a malfunction of the computer system has led to a flagrant and obvious error in the invoicing of products (abnormally low prices, erroneous automated calculations, incorrect VAT rate, incorrect quantities, etc.). In this case, the order will be cancelled and the amount of the order will not be debited from the Customer’s account or will be reimbursed within a maximum of 48 hours.

5.2 Proof of order

The data recorded by ID Agency constitutes proof of all transactions carried out between ID Agency and its Customers. In accordance with article 1348 of the French Civil Code, order forms and invoices will be archived on a reliable and durable medium that can be legally produced in the event of a dispute.

6. PAYMENT

The Customer guarantees ID Agency that he/she has the necessary authorizations to use the method of payment chosen by him/her.

6.1 Payment by credit card via Paypal

Customers can pay online by credit card marked CB, VISA, MASTERCARD, E.CARTE BLEUE and AMERICAN EXPRESS.

6.2 Payment by Paypal

Customers can pay online using a Paypal account. All you have to do is tick the Paypal payment option when the order is validated, then connect to your own Paypal account using your Paypal login and password, and finally confirm the payment. The transaction amount is debited immediately.

7. SHIPPING, DELIVERY AND RETURNS

7.1 Delivery times

Orders are processed in the order in which they are actually received. Order dispatch times vary from 2 to 30 working days, and are clearly indicated to the customer on each item sheet as “dispatched within 2 to x days”, x being the maximum number of days required. These deadlines run from the validation of payment or the completion of the order verification procedures provided for in articles 5.1 and 6.6 of these General Terms and Conditions of Sale. They include order registration and invoicing procedures, any internal transfer of the product between the ID Agency’s various sites, and finally the logistical preparation of the order, whether in-house or outsourced to the manufacturer.

In addition, items subject to a customization request will be dispatched subject to an additional 72-hour lead time, necessary to carry out the work requested and in addition to the lead time specified on the item sheet.

In the case of multiple items on an order, the longest shipping time applies to the entire order.

However, it is possible for ID Agency to send each item in a separate parcel, especially when the shipping time for one item is much longer than for the others.

The customer can follow the status of his order in real time from the “MY ACCOUNT” section after logging in, as well as any comments made. In all cases, ID Agency can keep the customer informed of the progress of his order by simple request by e-mail or via the “Contact us” page of the www.presso-plus.com website.

Products purchased on www.presso-plus.com are dispatched to the delivery address indicated by the customer at the time of ordering, which may be verified due to the increasing incidence of fraud.

ID Agency reserves the right to choose the carrier according to the quantity and nature of the products ordered.

7.2 DPD delivery times for all products up to 2000 euros

DPD makes every effort to ensure that parcels entrusted to it are delivered from the sender to the final recipient within 24 hours or 48 hours, for shipments within France, although these times cannot be guaranteed. An extra day may be required for islands, destinations where traffic is subject to easements or restrictions (pedestrian zones, port areas, markets, etc.), high-mountain localities and those with special constraints. Delivery times are generally 1 to 6 working days (excluding customs clearance) for foreign countries served by road, and 2 to 8 working days (excluding customs clearance) for foreign countries served by air, depending on the destination. Therefore, any departure and arrival dates communicated by DPD are purely indicative.

7.3 CMP delivery times for all products over 2000 euros

CMP makes every effort to ensure that parcels entrusted to it are dispatched from the sender to the final recipient within 24 hours or 48 hours for shipments within France, although these times cannot be guaranteed. An extra day may be required for islands, destinations where traffic is subject to easements or restrictions (pedestrian zones, port areas, markets, etc.), high-mountain localities and those with special constraints. Delivery times are generally 1 to 6 working days (excluding customs clearance) for foreign countries served by road, and 2 to 8 working days (excluding customs clearance) for foreign countries served by air, depending on the destination. Therefore, any departure and arrival dates communicated by CMP are purely indicative.

7.4 Shipping costs

Flat-rate or weight-based shipping costs are invoiced in addition to the product price. These shipping costs include a contribution to the preparation of the order, as well as a contribution to the shipping costs calculated according to the place of delivery of the order and the weight of the parcel. These shipping costs are clearly indicated in the order summary and on the purchase invoice, and are available on the www.presso-plus.com website under the heading “Shipping costs” accessible from all pages, as well as on the “Quality Charter” page. They may be offered in part or in full on a one-off basis as part of promotional marketing operations specified in the same section.

7.5 Delivery problems

Delivery takes place within the deadlines specified in articles 8.1, 8.2 and 8.3 of these General Terms and Conditions. However, ID Agency declines all responsibility in the event of force majeure or events beyond its control that delay delivery. The following are considered to be cases of force majeure (in addition to those accepted as such by the French Courts of Justice and jurisprudence): disruption, total or partial strike of transport services of any kind and of means of communication and telecommunication, war, riots, terrorism, fire, flood, water damage, epidemic, earthquake, accident, general breakdown, changes to legal commercial conventions. The customer must check the condition of the goods delivered at the time of delivery.

Any anomaly noted (damaged or open packaging, damaged, missing or damaged product) must be reported in writing, either by e-mail or via the “Contact us” page on the www.presso-plus.com website, or by post, on the day of delivery or within 24 hours of delivery at the latest. Any complaint sent after this deadline or by telephone without written confirmation of the date will be considered inadmissible.

ID Agency accepts no liability in the event that delivery of the goods is impossible due to inadequate means of access or the wording of the address provided by the Customer, and any new shipment of the goods will be invoiced. In any event, only the tracking information communicated by DPD, CMP or any other carrier concerning the routing and actual delivery of the parcel will be deemed authentic in the event of a complaint by the Customer, the transfer to the Customer of the risks of loss or deterioration of the products taking place in accordance with the provisions of article 4.3 hereof, at the time of delivery.

7.6 Conformity or quality

All items are subject to a contractual warranty, which does not preclude the legal warranty provided by articles 1641 et seq. of the French Civil Code. For items delivered defective, the Customer benefits from a guarantee allowing him to return them in accordance with articles L.211-4 et seq. of the French Consumer Code.

The customer must check the conformity of the goods delivered at the time of delivery. In the case of an order placed by telephone with Customer Service, the Customer must also check the information entered by the telephonist (first and last name, delivery and billing addresses, product ordered, etc.) which appears on the order confirmation e-mail. Any anomaly noted (non-conformity with the order, damaged or defective product) must be reported in writing on the day of delivery or at the latest within 48 working hours following delivery, at the customer’s discretion:

– either from the “My order history” section, using the retraction form provided for this purpose, by ticking the item(s) for which you wish to return the product(s);

– or by e-mail to contact@physaro.fr ;

– or via the “Contact us” page on www.presso-plus.com;

– or by post to the following address: Carrer Prat de la Creu 59-65, bloc C Pis 1 Despatxos B, AD500 Andorra la Vella.

Any complaint sent after this deadline or by telephone without written confirmation of the date will be considered inadmissible.

However, as part of its ongoing commitment to customer satisfaction, ID Agency undertakes to study all justified customer complaints after this period in order to provide the best possible response. For any complaint, the Customer must indicate his contact details, the order number, the references of the product in question and the reasons for the complaint.

Upon receipt of the Customer’s complaint, ID Agency will decide what action to take in response to the Customer’s complaint and will send the Customer, insofar as it accepts an exchange or a refund, a “Return Form” allowing traceability and rapid processing of the return, which the Customer must enclose with the returned goods within a maximum period of 14 clear days. No return will be accepted without the above-mentioned “Return Form” or after the above-mentioned deadline.

Upon receipt of the returned goods, ID Agency will exchange the product. Returns will only be accepted if the product is complete, in its original condition, including packaging and accessories, and accompanied by a copy of the invoice. In the event of an exchange, the Customer will be reimbursed for the return shipping costs previously agreed with him/her and indicated on the “returns form” sent to him/her, up to a maximum of 120% of the costs initially invoiced, with the costs of the new shipment being offered to him/her. It is expressly understood that we will only cover the flat-rate sum of €7.90 in the event of free postage when the parcel is initially dispatched (as part of an exemption from postage costs following a one-off “free postage” offer).

ID Agency also reserves the right to send the customer a prepaid packing slip by fax or e-mail. All the customer has to do is print out and affix the prepaid packing slip to the package to be returned, and drop it off at the post office of their choice. In this case, no request to cover the cost of return shipment will be accepted, as the latter will be covered by ID Agency in advance by means of the prepaid slip sent to the Customer, the latter being solely responsible for any initiative to return the goods without using the prepaid slip.

In the event that it is impossible to exchange the product, due for example to a lasting stock shortage or the definitive withdrawal of the product, the Customer will be reimbursed for the purchase price of the returned product as well as the return costs previously agreed with him and indicated on the “return form” sent to him, without however this amount exceeding 120% of the costs initially invoiced. Reimbursement will be made within a maximum of 14 days of receipt of the returned product, either by cheque made out to the Customer who placed the order and sent to the billing address, or by credit to the bank card or PAYPAL account used to pay for the order.

7.7 Withdrawal: return following a change of mind

Current legislation guarantees the customer the possibility of withdrawing from the contract in writing up to 14 working days after receipt of the parcel, without any penalty. In the case of an order for several goods delivered separately, the withdrawal period does not begin until the Customer has received the last good delivered. Once ID Agency has received the retraction request, a new period of 14 days begins during which the Customer must return the product, as evidenced by the postmark. However, business customers do not benefit from this right of withdrawal.

Return procedure :

The Customer must inform ID Agency of his wish to exercise his right of withdrawal by choosing one of the following options:

– either from the “My order history” section, using the retraction form provided for this purpose and ticking the item(s) to be returned;

– or by e-mail to contact@physaro.fr ;

– or via the “Contact” page of the www.presso-plus.com website.

Upon receipt of the return request, ID Agency will promptly send the Customer a “Return Form”, which can be downloaded from the website under the heading “My Product Returns”, to enable the return to be traced and processed rapidly. The Customer must enclose the returned goods and ensure that they are dispatched before the end of the period specified above. The return address must be the same as that indicated on the “Return Form”. Upon receipt and according to the Customer’s choice, the product will be exchanged or reimbursed.

In the case of an exchange request, a voucher for the value of the returned products plus any shipping costs paid by the customer will be issued and added to the customer’s account, who will be informed by e-mail. The customer may use it at his or her convenience on the site for one year, with the amount of the voucher being deducted from the amount of any new order. In the case of a refund, the amount of the returned product will be reimbursed in full. Reimbursement will be made within a maximum of 14 days of receipt of the returned product by the same means of payment used by the Customer to pay for the purchase, unless the Customer has agreed to another method of reimbursement.

The amount to be reimbursed includes the initial shipping costs for the product, up to the limit of the costs corresponding to the least expensive standard shipping method offered on the site. The cost of special delivery options remains the responsibility of the Customer.

No returns will be accepted on a cash-on-delivery basis. In addition, any parcel sent by the Customer without respecting the return procedure or beyond the withdrawal period will be systematically refused and/or returned to the sender, who will be solely responsible for any costs resulting from his initiative.

It is expressly understood that :

– Return shipping costs are at the Customer’s expense. On all product pages of the site, under the heading “Delivery & Returns”, the customer will find carrier rates which will enable him to assess the amount of return costs to be incurred, depending on the weight of his parcel.

– The Customer may test the product delivered to him/her, but he/she will be held liable in the event of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, in accordance with the provisions of article L. 121-21-3 paragraph 3 of the French Consumer Code; the commonly accepted principle being that the product test corresponds to the test that the consumer could carry out in a store where he/she would buy it.

Consequently, the present right of return can only be accepted for the complete product in its original condition, including packaging and accessories. Products returned unpackaged, incomplete, damaged, soiled or washed will not be accepted for return, exchange or refund. They will be reshipped at the customer’s expense and only after the customer has paid the reshipment costs, the amount of which will then be communicated to the customer.

However, ID Agency reserves the right to accept the return of depreciated products on an exceptional basis and without having to justify this, in which case this depreciation will be subject to a reduction in the sale price.

– In accordance with the provisions of article L 121-21-8 of the French Consumer Code, the right of withdrawal provided for in the case of distance selling cannot be exercised, unless the parties have agreed otherwise, for contracts for the supply of goods made to the consumer’s specifications or clearly personalized. The customer’s attention is therefore drawn to the fact that the right of withdrawal does not apply to products sold by the metre, cut to size, made to measure or having been the subject of personalization as provided for in article 7 of these General Terms and Conditions of Sale.

– In the event of a partial cancellation of the order, no reimbursement of shipping costs can be claimed for returned items, as these costs are fixed for the entire Order.

– In the same way, the shipping costs initially offered as part of a “free shipping above a certain purchase amount” offer will be invoiced and will therefore be deducted from the amount of the refund due to the Customer, in the event that the returned goods no longer meet the minimum amount required for free shipping.

7.8 Return address

The return address will be communicated to the Customer after receipt of the withdrawal request. Under no circumstances may a product be spontaneously returned to the head office or any other ID Agency site. Where applicable, the company reserves the right to invoice the Customer for any re-routing of the parcel resulting from non-compliance with the returns procedure and the aforementioned conditions.

8. LIABILITY

In addition to the aforementioned articles in these General Terms and Conditions of Sale, and on the understanding that ID Agency, through its sales site www.presso-plus.com does everything in its power to satisfy its customers, ID Agency cannot be held responsible in the following situations: product out-of-stock or unavailability due to the manufacturer, modifications to product characteristics by the manufacturer, disruption in the use of the Internet and the presence of computer viruses, and any form of non-performance of the sales contract due to so-called force majeure events (in addition to those accepted as such by the French Courts of Justice and jurisprudence), in particular : disruption, total or partial strike of transport services of any kind and of means of communication and telecommunication, war, riots, terrorism, fire, flood, water damage, epidemic, earthquake, accident, general breakdown, modifications to legal commercial conventions, as well as direct or indirect consequences linked to the purchase and use of its products.

9. DETAILS

For all products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated exclusive of tax on the invoice. In the event of the relocation of an order or a product to a country other than metropolitan France, ID Agency reminds the Customer that he remains the importer of the product(s) concerned. Any customs duties, other local taxes, import duties, or state taxes that may be payable are not the responsibility of ID Agency. It is also the customer’s responsibility to check with the local authorities about the possibility of importing or using the products or services he is planning to send, and to ensure that the manufacturer’s technical and operating specifications comply with the legislation of the country concerned.

The companyID Agency cannot be held responsible in the event of non-compliance with the legislation of the country in which the products will be delivered by the consumer.

It is the customer’s sole responsibility to obtain information from the local authorities and to assume responsibility for the corresponding declarations and payments to the competent authorities and bodies in the country concerned.

10. CONFIDENTIALITY – PROTECTION OF PERSONAL DATA

The opening of a customer account and the ordering process involve the collection of a certain amount of personal information relating to the Customer, some of which is required, failing which the order will be cancelled. In accordance with the French Data Protection Act of January 6, 1978, customers have the right to access and rectify information concerning them at any time. The processing of this information has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).

ID Agency undertakes not to communicate, whether free of charge or in exchange for payment, any information relating to its customers to third parties for commercial use, without the customer’s consent, which is obtained when their account is opened online and may be revoked at any time.

11. INTELLECTUAL PROPERTY

The entire content of the www.presso-plus.com website is the exclusive property of “ID Agency” and is governed by the French Intellectual Property Code. Consequently, any reproduction, representation, adaptation of the elements present on the site or constituting this one are prohibited except authorization express of “ID Agency”, es capacity of author, and constitute a counterfeit with the direction retained by the law. Counterfeiting a copyright, registered design or trademark is a criminal offence punishable by two years’ imprisonment and a fine of 150,000 euros. Any violation of the provisions of the present article will expose the offender to criminal prosecution for acts of counterfeiting, without prior notice. The latter will also be liable for unfair competition and parasitism. In addition, all hypertext links must be authorized by the author, who accepts no responsibility for the content of sites to which links from www.presso-plus.com lead.

April 5, 2019 edition.