Between SOKANAA SAS, 17 rue Jean-Jacques Rousseau, 94200 IVRY SUR SEINE, with a share capital of 270.000 € , registered with the CRETEIL Trade and Companies Register under number SIRET: 790747034 (000 11) represented by M. Christophe Luijer, as President, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the « Seller » or the « Company ».
On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company, Hereinafter, « the Buyer », or « the Customer » On the other hand, It was exposed and agreed what follows :
The Seller is a publisher of products and services for the sale, rental and loan of sugar cane juice extractors and sugarcane juice bottles Brand SO’KANAA® exclusively for consumers, marketed through its website (http://www.sokanaa.com). The list and the description of the goods and services proposed by the Company can be consulted on the aforementioned site.
Article 1: Object These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General Provisions These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company’s Internet sites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GSC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company’s website at the following address: http://www.sokanaa.com/cgv. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he has read all of these General Terms and Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the product descriptions pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DROM-COM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his 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 right to modify 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, also the delivery costs.
Article 3: Conclusion of the contract on line The Customer will have to follow a series of steps specific to each product offered by the salesman to be able to carry out his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the product; ➢ Choice of the product, if necessary of its options and indication of the essential data of the customer (identification, address …); ➢ Acceptance of these General Terms of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Followed instructions for payment and payment of products. ➢ Delivery of products. The customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these Terms and Conditions. For delivered products, this delivery will be made to the address indicated by the customer.For the purposes of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the customer undertakes to provide its truthful identification. The seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services The essential characteristics of goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The seller undertakes to honor the Customer’s order within the limits of the stocks of products available only. Otherwise, the seller informs the customer. This contractual information is presented in detail and in French. In accordance with the French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the products’ offer and their prices are specified on the company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are only to the natural person who signed the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the seller exchange defective products or not corresponding to the order.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address that was indicated during the order and the time indicated. This time does not take into account the time of preparation of the order. When the delivery requires an appointment with the customer, a simple call on the hotline SO’KANAA® number: 0033 6 32 74 35 66 allows the taking into account of the order. Delivery will be made only upon receipt of the total amount of the order by check, cash or payment on the site. When the customer orders several products at the same time they may have different delivery times routed in the usual manner. In case of delay in shipping SOKANAA SAS can not be held responsible. In case of late delivery, the customer has the option to terminate the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code.
The seller proceeds to refund the product and expenses « go » under the conditions of Article L 138-3 of the Consumer Code. The seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The seller reminds that when the customer hangs physically the products, the risk of loss or damage to the products are transferred to him. It is the customer’s responsibility to notify the carrier of any reservations about the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an item for a period of more than 50 working days, you will be immediately informed of the foreseeable delivery times and the order of this article can be canceled on simple request. The customer can then request a credit for the amount of the item or refund.
Article 8: Payment
Payment is due immediately upon order, including pre-order products. The customer can pay by credit card or bank check. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art and can not be read during transport on the network. Once the payment has been initiated by the customer, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his bank details at the time of the sale, the customer authorizes the seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved automatically and the order canceled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, « the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except , where applicable, return costs. « The period mentioned in the preceding paragraph runs from receipt for goods or acceptance of the offer for services ». The right of withdrawal can be exercised by contacting the Company as follows: A simple call on the hotline SO’KANAA® number: 0033 6 32 74 35 66 allows the taking into account of the retraction. We inform customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal can not be exercised beyond the statutory period. In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the return costs remain the responsibility of the customer.
Product returns are to be made in their original condition and complete (closed packaging, accessories, instructions …) so that they can be re-marketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard form of withdrawal to send to the following address: SOKANAA SAS 17, rue Jean Jacques Rousseau 94200 IVRY SUR SEINE. Refund procedure: By check upon receipt of the product in return and in good condition.
Article 10: Guarantees
In accordance with the law, the seller assumes two guarantees of conformity and relating to the hidden defects of the products. The seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. The refund request must be made as follows: The products must be returned in their original and complete condition (closed packaging, accessories and instructions so that they can be re-marketed in new condition if possible, they must be accompanied by a copy of the proof of purchase). In accordance with legal provisions, the seller reminds that the consumer: – has a period of 1 year from the delivery of the property to act with the seller – he can choose between the supply of replacement parts or replacement. (Replacement excluding shipping costs) Only apparently defective parts are warranted- It is mandatory to prove the existence of the lack of conformity.
Article 11: Complaints
In this case, the Buyer may submit any complaint by contacting the company using the following contact details: SOKANAA SAS 17, Jean Jacques Rousseau Street 94200 IVRY SUR SEINE.
Article 12: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by SOKANAA SAS only. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the controller (the Company) by letter R.A.R. We carry out on the whole of our site a follow-up of the frequentation. For this, we use tools such as Google Analytics …
Article 16 Limitation of Liability
It is stipulated a limit of liability of the seller for the realization of the service to 1 euros.
Article 17: Applicable Law
All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are aimed at, will be subjected to the French right.