General Terms and Conditions of Online Product Sales Between Professionals
Preamble
These general terms and conditions of sale apply to all sales concluded on the Smile2theworldpro website. The Smile2theworldpro website is a service of:
The individual company smile2theworldpro located at 11 Rue Martin Garat Paris France
Website address: smile2theworldpro.com
Email address: support@smile2theworldpro.com
Phone: 0769922913
The Smile2theworldpro website sells the following products: products and services in retail or wholesale for professionals. The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the parties' obligations. They constitute the sole basis of the commercial relationship between the parties, and as such, the buyer is deemed to accept them without reservation. These general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers. The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to occasionally modify its general conditions. They will be applicable as soon as they are posted online. If a condition of sale is missing, it would be considered to be governed by the practices in force in the distance selling sector for companies headquartered in France. These general terms and conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order. These general terms and conditions of sale are applicable until April 1, 2025.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer. These conditions only concern purchases made on this website and delivered exclusively in metropolitan France and Corsica. For any delivery to the French overseas departments and territories or outside France, it is necessary to notify us to obtain a specific quote.
Article 3 - The order
The buyer places their order online, from the online catalog and using the form on the site. For the order to be validated, the buyer must accept, by clicking in the indicated place on the site, these general conditions. Their acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.
The buyer must choose the delivery address and method. Payment is made by bank transfer. Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In certain cases, particularly payment default, incorrect address or other problems on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. In case of unavailability of an ordered product, the buyer will be informed by email. The cancellation of the order for this product and its possible refund will then be carried out, the rest of the order remaining firm and final. For any question relating to the follow-up of an order, the buyer can:
call the following number: 0769922913 (cost of a local call), on the following days and times: Tuesday to Friday from 9:30 am to 6:30 pm,
send an email to the following address: support@smile2theworldpro.com.
Article 4 - Electronic signature
The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement. This will allow the seller to obtain the enforceability of the sums due under the purchase order and will constitute signature and express acceptance of all operations carried out. In case of fraudulent use of bank details, the buyer is invited, as soon as this use is noticed, to contact the seller by calling the following number: 0769922913, or by sending an email to the following address: support@smile2theworldpro.com.
Article 5 - Order confirmation
The contractual information will be confirmed by email at the latest at the time of delivery or, failing that, to the address indicated by the buyer on the order form.
Article 6 - Proof of transaction
The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments that have taken place between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 7 - Product information
The products governed by these general conditions are those that appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limit of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller's liability could not be engaged. The photographs of the products are not contractually binding.
Here's the English translation of the content:
Article 8 - Price
Calculation
The seller reserves the right to modify its prices at any time but agrees to apply the current rates indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not include delivery charges, which are billed additionally and indicated before the order is validated. Prices include VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store. Payment of the total price must be made at the time of the order. At no time can the sums paid be considered as deposits or down payments.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increasing or decreasing, this change could be reflected in the selling price of the products.
Down payment
Any order may give rise to the payment of a down payment, the terms of which will be set at the time of sale. Except in cases of force majeure, any cancellation of the order by the buyer from 15 days onwards cannot result in the refund of this planned down payment.
Price reduction
The buyer may benefit from particular discounts and rebates, if applicable, according to the specific conditions specified at the time of the order.
Article 9 - Payment method
Payment
This is an order with an obligation to pay, which means that placing the order implies payment by the buyer. The payment of the order is made only by direct debit from the buyer's bank account. The buyer must enter their bank details in the designated place and confirm this entry by adding their bank account details (RIB) as an attachment to the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization from officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. The seller has implemented an order verification procedure to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to send by fax to the seller a copy of an identity document as well as a proof of address. The order will then only be validated after receipt and verification by the seller of the documents sent. The price is payable in full and in a single payment upon receipt of the order. The payment date will be mentioned on the invoice sent to the buyer.
Late payment
Any late payment will result in the immediate payment of all sums due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to take, in this respect, against the buyer.
Article 10 - Availability of products
Except in cases of force majeure or during periods of closure clearly announced on the homepage of the site, shipping times will be, within the limit of available stocks, those indicated below. Shipping times run from the order registration date indicated on the order confirmation email. For any delivery in France (mainland and Corsica), the delay is maximum 15 days from the day following the day the buyer placed their order. For any delivery to French overseas departments and territories or outside France, it should be reported to obtain a specific quote. In case of delay, the seller's responsibility cannot be engaged, for any reason whatsoever. Consequently, no request for compensation of any kind can be claimed by the buyer. In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 - Delivery methods
Delivery is only made after confirmation of payment by the seller's banking organization. It is provided within the time specified in Article 10, from the receipt by the seller of the order form. Any delay exceeding 3 months may result in the termination of the sale. The deposits paid or the payment made at the time of the order will then be returned to the buyer. The payment made at the time of the order will then be returned to the buyer. In case of non-compliance with the payment conditions mentioned above, the seller may suspend or cancel the sale.
Products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at their request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the location and during the period indicated. If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the articles. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...). This verification is considered to have been carried out as soon as the buyer, or a person authorized by them, has signed the delivery note. The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days following the 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 notices 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 14 working days following delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 12 - Delivery errors
The buyer must make any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form to the seller on the day of delivery or at the latest on the first working day following delivery. Any claim made beyond this period will be rejected. The claim can be made, at the buyer's choice:
by contacting the seller at the following phone number: ;
by using the following email address: support@smile2theworldpro.com .
Any claim not made in accordance with the rules defined above and within the allotted time cannot be taken into account and will release the seller from any responsibility towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the assignment of the exchange number. In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Registered Colissimo, to the following address: , . Return costs are at the seller's expense.
Article 13 - Product warranty
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of said services to the exclusion of any negligence or fault of the buyer. In any case, in the event that the seller's liability is retained, the seller's guarantee would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.
Article 14 - Right of withdrawal
As the buyer is a professional purchasing within the framework and for the needs of their profession, there is no need to apply the right of withdrawal provided for by the consumer code.
Article 15 - Force majeure
Any circumstances independent of the will of the parties preventing the normal execution of their obligations are considered as grounds for exemption from the parties' obligations and lead to their suspension. The party invoking the circumstances referred to above must immediately inform the other party of their occurrence, as well as of their disappearance. Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the customers. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses will retain all their force and scope.
Article 17 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 18 - Applicable law
These general conditions are subject to the application of French law. The parties undertake to seek an amicable solution to any disagreement that may arise from the interpretation or execution of the Contract. If they fail to do so, the parties will submit the dispute to the Commercial Court.
Article 19 - Collection of personal data
Data collected:
The personal data collected on this site are as follows:
Account creation: when creating the user's account, their last name, first name, email address; phone number; postal address;
Connection: when the user connects to the website, it records, in particular, their name, first name, connection data, usage, location and payment data.
Profile: the use of services provided on the website allows to fill in a profile, which may include an address and phone number.
Payment: in the context of payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage.
Cookies: cookies are used in the context of using the site. The user has the ability to disable cookies from their browser settings.
Use of personal data
Personal data collected from users aims to provide the website's services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility to communicate with other website users;
- implementation of user assistance;
- personalization of services by displaying ads 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 potential disputes with users;
- sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in relation with third-party banking and financial companies with which it has contracts;
- when the user publishes publicly accessible information in the free comment areas of the website;
- when the user authorizes the website of a third party to access their data;
- when the website uses the services of providers to provide user assistance, advertising and payment services. These providers have limited access to the user's data, in the context of performing these services, and have a contractual obligation to use them in accordance with the provisions of the applicable personal data protection regulations;
- if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, asset transfer or judicial reorganization 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 personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by writing to the following address: support@smile2theworldpro.com:
- They can update or delete data concerning them by logging into their account and configuring the account settings;
- They can delete their account by writing to the following email address: support@smile2theworldpro.com. It should be noted that information shared with other users, such as forum posts, may remain visible to the public on the website, even after their account is deleted;
- They can exercise their right of access, to know the personal data concerning them, by writing to the following email address: support@smile2theworldpro.com. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy;
- If the personal data held by the website is inaccurate, they can request the updating of the information by writing to the following email address: support@smile2theworldpro.com;
- Users can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: support@smile2theworldpro.com.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the possibility to delete their account.
These online Terms and Conditions for professionals were created on the Rocket Lawyer website.