GENERAL TERMS AND CONDITIONS OF SALE
The present general conditions of sale apply to any purchase made by an Internet user/physical person (hereafter "the customer") on the SilentWorker website (hereafter "the site") with SilentWorker (hereafter "the seller"), SAS whose number is 918 566 498 having its registered office at 18 rue schnapper 78100 ST GERMAIN EN LAYE, being able to be contacted by e-mail at the address: [email protected].
SilentWorker reserves the right to adapt or modify at any time the general conditions of sale without notice to the customer. The customer acknowledges having read the special conditions of sale set out in this document before placing an order. The version of the general conditions which will apply to your order will be the one appearing on the site at the time you place the order.
2. Purpose and acceptance
These Terms and Conditions govern the sale by SilentWorker to its customers of products. The customer is clearly informed and acknowledges that the site is intended for consumers and that professionals should contact the sales department. Any order placed on the site implies the acceptance without reserve of the customer of these general conditions of sale.
The customer undertakes to read carefully these General Conditions of Sale and to accept them, before proceeding to the payment of an order of products placed on the site. The present General Conditions of Sale are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the order. The customer is invited to read carefully, download, print the General Conditions and keep a copy. The seller advises the customer to read the General Terms and Conditions of Sale with each new order, as the latest version of the said Terms and Conditions applies to all new orders of products. By clicking the button to confirm the order, the customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.
3. Products : purchase & guarantees
In order to purchase a product, the customer must be at least 18 years old and have the legal capacity or, if he/she is a minor, be able to justify the agreement of his/her legal representatives. The customer will be asked to provide identifying information by completing the form available on the site. The customer can check the status of his order on the site in his customer account by logging in (if he has created a customer account when ordering). The information that the customer provides to SilentWorker during an order must be complete, accurate and up to date. The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information provided.
SilentWorker undertakes to present the essential characteristics of the products (on the description of each of the product sheets available on the site) and the compulsory information that the customer must receive under the applicable law (in these General Conditions). The customer undertakes to read this information carefully before placing an order on the site. Unless expressly stated otherwise on the site, all products sold by the seller are new and comply with current European legislation and standards applicable in France.
In accordance with article 4 of the decree n°78-464 of March 24, 1978, the provisions of present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the hidden defects of the sold thing. The consumer is expressly informed that SilentWorker is not the producer of the products presented within the framework of Internet site, within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products. Consequently, in the event of damage caused with a person or a good by a defect of the product, only the responsibility for the producer of this one could be sought by the consumer, on the basis of information being reproduced on the packing of the product.
Article L.217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility." Article L.217-5 of the Consumer Code:
To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and that the latter has accepted.
SilentWorker is required to deliver a product that conforms to the use expected of a similar good and corresponding to the description given on the site. This conformity also assumes that the product has the qualities that a buyer can legitimately expect given the public statements made by the seller, including in advertising and on labels.
In case of lack of conformity, the customer may request the replacement or repair of the product, at his choice. However, if the cost of the customer's choice is clearly disproportionate to the other option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the customer. In the event that a replacement or repair is not possible, the SELLER undertakes to refund the price paid by the customer for the product within 30 days of receipt of the returned product and in exchange for the return of the product by the customer to the following address SilentWorker 18 rue schnapper Bat E2 78100 ST GERMAIN EN LAYE.
4. Validation of the order
Once the products have been selected and placed in the shopping cart, the customer must click on the shopping cart and verify that the contents of the order are correct. If the customer has not yet done so, he/she will then be invited to identify himself/herself or to register. Once the customer has validated the contents of the shopping cart and logged in/registered, an online form will be displayed, automatically filled in, summarizing the price, applicable taxes and, if applicable, delivery charges. The customer is invited to check the contents of his order (including the quantity, characteristics and references of the products ordered, the billing address, the selected means of delivery, the means of payment and the price) before validating its contents.
The customer can then proceed to the payment of the products by following the instructions appearing on the site and provide all the information necessary for the invoicing and the delivery of the products.
Neither the order form that the customer establishes on line, nor the acknowledgement of receipt of the order that the salesman sends to the customer by e-mail constitute an invoice. Whatever the method of order or payment used, the customer will receive the original invoice in his customer area on the site. Once you have placed an order, you will receive a confirmation email. If for any reason, SilentWorker could not process the customer's order, the customer will be informed directly by the customer service at the email address given when ordering within 72 hours after placing the order.
The date of the order is the date on which the seller acknowledges online receipt of payment validated the order. The deadlines indicated on the site only start to run from this date.
5. Prices and delivery charges
The prices displayed on the site are indicated in euros. The legal VAT is included. Any change in the legal rate of VAT will be automatically reflected in the price of the products presented on the site, on the date stipulated by the decree of application. The totality of the payment must be realized at the time of the order. These prices do not take into account the delivery costs, invoiced in supplement, and indicated before the final validation of the order. The prices include in particular the value added tax (VAT) at the rate in force at the date of the order. Any change in the applicable rate may affect the price of the products from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the product sold. The prices of the seller's suppliers are subject to change. Consequently, the prices indicated on the site can change. They can also be modified in case of special offers or sales. The prices indicated are valid, except in the case of a gross error. The applicable price is the one indicated on the site on the date the order is placed by the customer.
Several delivery methods are offered, their costs are well indicated during the order validation process and the customer is free to choose the delivery method that will suit him best, and according to his expectations.
6. Products & available stocks
The presentation of the products on the site is valid as long as it is visible by the customer. The seller does not guarantee the availability of the products at any time. All products are guaranteed new. Also, SilentWorker reserves the right to stop the sale of any product at any time. The unavailability of a product is normally indicated on the product page. The customers can also be informed of the restocking of a product by the salesman by e-mail, SMS, or any social networks of the mark.
In any case, if the unavailability was not indicated at the time of the order, SilentWorker undertakes to inform the customer within 72 hours if the product is unavailable. The seller will then proceed with a partial shipment of the available products initially, then undertakes to propose an alternative solution to the customer for the unavailable products: shipment of the rest of the order when the other products will be back in stock, subject to clear information on additional transport costs that may be incurred, proposal of an alternative product of equivalent quality and price, accepted by the customer, a credit note of the amount of the price paid for the item in question, a refund of the amount of the price paid for the item in question at the request of the customer.
7. Methods of payment
To pay the order the customer has at his disposal several methods of payment proposed by SilentWorker. The methods are secure and fast.
The seller reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part a previous order or with whom a payment dispute is being administered. The customer guarantees SilentWorker that it holds all the authorizations required to use the means of payment chosen. The seller will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the site. It is for this reason specified that all information relating to payment provided on the site are transmitted to the site's bank or Paypal account and are not processed on the site directly.
8. Shipping and delivery terms
SilentWorker ships orders within 3 business days Monday through Friday between 8am and 5pm excluding holidays, new drop and holiday periods where delays may be longer.
The customer must clearly indicate all the information relating to the delivery, in particular the exact address, as well as any possible access code. A tracking number will be sent to the customer by email as soon as the order has been processed. The follow-up of the deliveries can be checked on line on the site of the conveyor. The shipments are made with La Poste in Lettre suivie or Colissimo.
SilentWorker delivers everywhere in France, in the Dom-Tom, in Europe, in America, in the Middle East, in Africa and in Asia. The delivery times according to the destinations can take 2 to 20 days.
Delivery of orders may sometimes exceed the time frames communicated due to unforeseen events related to political, social, health or logistical issues. SilentWorker cannot be held responsible for delays caused by the postal services. Any anomaly concerning the delivery (open package, damaged package ...) must be imperatively indicated to the customer service of SilentWorker with proof of photos to support the day of delivery and receipt of the package so that a claim is made with the services of the Post Office. Attention, it is also quite possible that these anomalies are due to the customs services. In these cases, a customs notification will be visible on the package. In all cases, SilentWorker declines any form of responsibility.
Delay and non-delivery
The post office is a reliable service. However, it is possible, as in any shipment, that there may be a delay in delivery or that the package gets lost. In the case of a delay in delivery of more than 7 days, the customer must inform the customer service of SilentWorker which will transmit the information to the Post Office to initiate an investigation. This investigation can last up to 21 days from its opening. If during this period, the package is found, it will be immediately redirected to the customer's home.
If on the other hand the parcel is not found at the end of the period of 21 days of investigation, the Post office considers the parcel lost. In this case, SilentWorker will return to the customer a package at its expense. If the lost products were no longer available, SilentWorker will offer a credit or refund to the customer including postage.
The information the customer provides to SilentWorker when placing an order must be complete, accurate and current. If this is not the case, SilentWorker cannot be held responsible for undelivered packages, delays or returns to sender. The customer will be asked to contact the postal service to correct the shipping address and ensure delivery. If the package is returned to SilentWorker, the order can be reshipped after correction of the address (shipping costs at the expense of the customer) or refunded (shipping costs not included).
SilentWorker is committed to shipping your orders within 3 business days from Monday to Friday between 8am and 5pm (excluding holidays, new drop and holiday period where delays may be longer) from the receipt of the email confirmation of your order. If for any reason, SilentWorker can not honor your order, the customer service will inform you personally and will offer a credit or refund (including postage).
Prices and Fees
Prices are quoted in Euros and are valid for all territories. They take into account possible reductions as well as the French VAT applicable on the day of the order. The prices indicated on the site are guaranteed on the day of the order within the limits of available stocks, and except obvious typographical error or omission. SilentWorker reserves the right to modify its prices at any time. The prices indicated do not take account of the carriage costs which are calculated and invoiced or offered at the time of the validation of the order and according to the country of delivery.
Any order placed on the site and delivered outside the European Union may be subject to other taxes, customs duties and other charges depending on the destination. These costs are the responsibility of the customer. The shipping costs do not include customs and other fees that may be required at the entrance of certain countries. These costs remain the exclusive responsibility of the customer.
9. Proof of the transaction and archiving
The computerized registers will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence. Any sale concluded with the customer corresponding to an order of an amount higher than 120 euros including all taxes will be archived by the salesman for a duration of ten (10) years in accordance with the article L. 213-1 of the code of consumption. SilentWorker agrees to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the customer. In case of dispute, the seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
10. Right of withdrawal
The customer has the right to return or restitute the product to the seller or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw. The withdrawal period expires fourteen (14) calendar days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the product. The right of withdrawal cannot be applied and returns will be refused.
11. Return Policy
For any return or exchange, the customer must :
- Fill out the return and exchange form on the silentworker.fr website
- Print the return label directly in your customer area
- Attach the return and exchange form to the items in the package
- Deposit the package at the post office and keep the proof of deposit.
The customer has a cooling-off period of 14 days from receipt of his order. Beyond, SilentWorker will not proceed to any refund or exchange. Items must be returned in perfect condition: new, unworn, unwashed and labelled in their original packaging. Items returned incomplete, damaged, deteriorated, soiled or having been used will not be exchanged or refunded.
SilentWorker guarantees reshipment, credit and refund of items only if all the conditions below are met: that all items are returned to the following address: SilentWorker, 18 rue Schnapper Bat E2 78100 St Germain En Laye and that in the same condition as when the customer received them. The articles must not be damaged, stained, washed, deformed, worn, without traces of make-up and that all labels are still intact. Items must be returned in their original packaging.
In case of lack of conformity, SilentWorker undertakes to give the customer a credit, refund or exchange the article.s (including shipping). If the article that the customer received is defective, it must first and before implementing any action, inform SilentWorker by filling out the form of exchanges and returns on the site. SilentWorker will then take charge of the expenses of return and will propose the return of an article in conformity, a credit note or refunding (postal charges included).
Before any validation of order, the customer is invited to check its contents: quantity, references of the products (models, colors and sizes), delivery address and means of payment. SilentWorker could not be held responsible in the event of error. If the customer observes that an error was committed, it will be able to cancel its order before this one is treated by contacting the customer service: [email protected] and it will be refunded to him under 7 working days (postal charges included). If the error is noticed after the order has been processed and concerns the quantity or the reference of the products, the customer will be offered a credit note, an exchange or a refund (the shipping costs remain at the customer's expense and will not be refunded). The customer will have to fill in the exchange and return form. If the error was made in the delivery address, see the box "Delay and No Delivery" in the shipping policy.
If the customer decides to return an item because the item or size does not fit, the shipping costs remain at his expense. After reception and checking of the articles, SilentWorker proposes a credit note, an exchange or a refund of the order (the expenses of delivery and return are not refunded. They remain the responsibility of the customer). In cases where items have already been worn, washed, worn, stained, damaged or missing labels, SilentWorker reserves the right not to proceed with the refund for the simple reason that these items can not be offered for sale.
If a return is made on an order paid with a gift card or credit note, the amount of the item will be credited back to the gift card or credit note in question. No discount, gift card or credit note will be subject to a bank refund.
If necessary, the customer can contact the customer service: [email protected] within 14 days after receiving the package. After this period, no return, exchange or refund will be possible.
All exchanges, refunds and credits will be made within 7 working days (Monday to Friday between 8am and 5pm excluding holidays) when SilentWorker has received the return package from the customer. Refunds will always be made on the same payment method as the one used at the time of the order provided that the items were received back at the address.
12. Gift card
The Gift Card is a dematerialized digital Gift Card sent by email. You can select the amount you wish to offer from the minimum required of 30€.
The person to whom you are giving the Gift Card will receive it by email a few moments after your purchase. You will also receive a copy of the proof of purchase by email.
The Gift Card can be used on any SilentWorker website. If the total amount of the order is greater than the value of the Gift Card, the difference will have to be paid by the customer. If the total amount of the order is less than the value of the Gift Card, the total amount of the purchase order will be deducted from the Gift Card balance. The Gift Card balance will be automatically updated and can be viewed at any time via the shopping cart.
The Gift Card has no expiration date. Under no circumstances may it be reloaded, resold or converted into cash, even if partially used.
The customer has a period of 7 days from the date of purchase to retract and request a refund. The card must not have been used otherwise no refund can be considered. After this period, no refund will be possible even if the card has not been used.
SilentWorker is not responsible for theft, loss or fraud and will not be able to issue any refund. You will have to contact your bank and your insurance company.
In the event that a Gift Card is not working, please contact customer service at [email protected]
We apply the SilentWorker Terms and Conditions of Use and Sale. When you purchase, receive or use a Gift Card, you agree to these terms and conditions of use as regulated by the laws of France.
13. Intellectual Property
All visual or audio elements of the site, (more specifically, editorial, text, comments, images, photos and illustrations on the site and official social networks are protected by copyright, trademark and / or patent law. As such and in accordance with the code of intellectual property, any total or partial reproduction is strictly prohibited.
These elements are the exclusive property of SilentWorker. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request permission from the seller in writing. This authorization will in no case be granted permanently. This link must be removed at the request of the seller. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
14. Applicable law
The present General Conditions as well as the relations between the customer and SilentWorker are governed by French law. In case of dispute, only the French courts will be competent. However, prior to any recourse to the arbitral or state judge, negotiation will be privileged in a spirit of loyalty and good faith in order to reach an amicable agreement at the time of the occurrence of any conflict relating to the present contract, including those concerning its validity.
The party wishing to initiate the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties do not reach an agreement, the dispute shall be submitted to the competent jurisdiction designated below. During the entire negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in relation to the dispute under negotiation. By way of exception, the parties are entitled to apply to the court of summary jurisdiction or to seek an order on request. Any action before the court of summary jurisdiction or the implementation of a procedure on request does not entail any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.