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1. Purpose
The purpose of these Terms and Conditions of Sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller sells and delivers the ordered products, and, on the other hand, to define the rights and obligations of the parties in connection with the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales by Refabz of the products offered on its commercial website "Refabz.com".
Consequently, by placing an order for a product offered for sale on the Refabz website, the customer fully and unconditionally accepts these Terms and Conditions of Sale, which the customer acknowledges having read prior to placing the order.
Products are offered for sale in the following geographic areas: mainland France, Monaco, Andorra, and Europe (Germany, Austria, Belgium, Denmark, Spain, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Switzerland)
Prior to placing an order, the Buyer hereby declares that:
• purchasing products on "Refabz.com"is limited to strictly personal use"
• have full legal capacity, enabling them to enter into a binding agreement under these terms and conditions of sale.
Refabz reserves the right to modify these terms and conditions at any time.
2. About Refabz
Refabz ; LM Eco Production
14 Barthélémy Thimonnier Avenue,
69300 Caluire-et-Cuire, FRANCE
SIREN No. 801 071 663 APE: 4676Z
Phone: 04 81 09 19 39
3. Access to the Site
The Buyer is solely responsible for setting up the necessary computer and telecommunications equipment to access the "refabz.com" website. The Buyer is responsible for all telecommunications costs incurred when accessing the Internet and using the website.
4. Formation of the Contract and Orders
4.1. Price
The prices of products sold online on the refabz.com website, listed in Euros, are those in effect at the time the Buyer submits the order form.
These prices do not include shipping costs, which are charged in addition to the price of the purchased products based on the order total. Shipping costs are displayed before the Buyer submits the order.
Prices include the value-added tax (VAT) applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products sold by Refabz on its website.
The selling price of products may be modified by Refabz at any time.
4.2. Product Specifications - Availability
In accordance with Article L 111-1 of the French Consumer Code, the Buyer may, prior to placing an order, review the essential characteristics of the product(s) they wish to order on the REFABZ.COM website.
The Buyer selects one or more products from the various categories available on the Refabz website.
The offers presented by Refabz are valid while supplies last. For products not in stock in its warehouses, the offers presented by Refabz are subject to availability from its suppliers.
Refabz reserves the right to modify its product selection, particularly in response to constraints imposed by its suppliers.
The photographs and illustrations in the catalogs and of the products offered for sale are for illustrative purposes only and are not binding on the seller.
In the event that a supplier modifies a product, the seller shall not be held liable for any discrepancies between the product and its graphic representation, nor shall such discrepancies affect the validity of the sale.
4.3. Order
All orders imply full and unconditional acceptance of these terms and conditions of sale.
Once the Buyer has submitted their order by clicking on the "Confirm Order" button, they are deemed to have accepted, with full knowledge of the facts and without reservation, these Terms and Conditions of Sale, as well as the prices, volumes, and quantities of the products offered for sale and ordered.
In accordance with the provisions of the Civil Code, the contract will be concluded upon the second click to place your order, by which you will have confirmed your shopping cart after having had the opportunity to review and modify it.
The Buyer may place an order online at: https://www.refabz.com/
Refabz will confirm the Buyer's order via email.
In accordance with the provisions of the Civil Code regarding the conclusion of online contracts, the contract will be concluded when you click the button confirming your order after reviewing the order details—including, in particular, the total price—and having had the opportunity to correct any errors. By doing so, you acknowledge your obligation to pay.
Refabz recommends that the Buyer keep this information on paper or in electronic form.
4.4. Archiving
Contracts entered into on our website (including your order details and the Terms and Conditions in effect on the date of your order) are archived for a period of 10 years. You can access the archived contracts by requesting them via email or by mail at Refabz / LM Eco Production, 14 Avenue Barthélemy Thimonnier, 69300 Caluire-et-Cuire, France.
4.5. Language
The language proposed for the conclusion of the contract is French.
5. Payment Terms
The Buyer must pay the full price at the time of ordering. Under no circumstances may any amounts paid be considered as a deposit or down payment.
All orders are payable in Euros.
To pay for their order, Buyers residing in mainland France may use any of the payment methods listed on the order form: credit card (Carte Bleue, Mastercard, Visa, American Express), bank transfer, and PayPal.
Buyers residing in Europe and the French overseas departments may use any of the payment methods listed on the order form: credit card (Carte Bleue, Mastercard, Visa, American Express), bank transfer, and PayPal.
The Buyer warrants to Refabz that they have all necessary authorizations to use the payment method they selected when placing the order.
Refabz reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or stage of completion, in the event of non-payment of any amount owed by the Buyer, or in the event of a payment issue.
Penalties equal to the statutory interest rate plus five percentage points shall automatically apply to any unpaid amounts ten days after the invoice date or upon notification of a rejected bank payment for any other method of payment. Delivery of any new order may be suspended in the event of late payment for a previous order, notwithstanding the provisions herein.
Refabz reserves the right to request a photocopy of the Buyer’s ID for any credit card payment, as well as proof of address issued within the last 3 months.
6. Product Selection
Having reviewed the products and their specifications offered by Refabz, the Buyer has, under its sole responsibility and based on its needs as determined prior to placing any order, selected the product(s) that are the subject of its order. Furthermore, as the Buyer is the sole party familiar with the hardware, software, configurations, and other equipment they use, they are the sole judge of the compatibility of the ordered products with those they use.
It is solely the Buyer’s responsibility, if the Buyer does not consider itself sufficiently knowledgeable, to seek professional advice.
7. Delivery and Acceptance
7.1. General Rules
Products will be delivered to the address provided by the Buyer on the order form within mainland France, Monaco, Andorra, and the following European countries: Germany, Austria, Belgium, Denmark, Spain, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Greece, Sweden, Poland, Slovakia, Slovenia, Lithuania, Latvia, Denmark, and Finland.
To ship the ordered products to the Buyer, Refabz has chosen to work with the carriers Chronopost, DPD, and Colis Privé. Refabz reserves the right to modify the delivery terms at any time in accordance with these general terms and conditions of sale, in order to ensure delivery of the products ordered.
7.2. Delivery Issues
The Buyer is required to inspect, in the presence of the delivery person, the condition of the packaging and the contents of the merchandise upon delivery. If the Buyer has any doubts whatsoever regarding the condition or contents of the package, the Buyer must:
- to report any damage, file any claims, and refuse delivery by immediately filing a damage report with the delivery person.
- to report these incidents to Refabz by email at the following address: [email protected] and by certified mail with return receipt requested to the address specified in paragraph 2 of this document, within 14 days of the Buyer’s refusal of the goods, setting forth such claims or reservations.
You can also contact customer service directly refabz.com at +33 4 81 09 19 39.
If the procedure outlined above is not followed, no claims from the Buyer will be accepted.
Unless otherwise specified, the package is deemed to have been delivered in good condition and may not be the subject of any subsequent dispute.
As a reminder, the phrase "subject to unpacking" has no legal standing and is therefore inadmissible.
7.3. Deadlines
The shipping system typically allows for delivery within 2 to 7 days from the Refabz warehouse for orders within mainland France, and 10 to 12 days for French overseas departments and territories and the rest of Europe.
Refabz will process the order once full payment has been received.
Any delays shall not give rise to claims for damages, withholding of payment, or cancellation of the order by the Buyer. These delivery times are provided on a provisional basis, subject to availability from the respective suppliers, and are in no way guaranteed.
In any event, and in accordance with the provisions of Article L 121.20.3 of the Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day following the date on which the Buyer placed the order, subject to full payment of the price.
If delivery has not been made by the end of this period, the Buyer may cancel the order. Any amounts paid by the Buyer will then be refunded without delay, and no further compensation will be due.
Deliveries may be suspended in the event of force majeure or if the buyer fails to comply with the payment terms.
8. Product Availability
If the ordered product is unavailable, Refabz will notify the Buyer as soon as possible.
In accordance with the provisions of Article L121.20.3 of the Consumer Code, Refabz may, in such cases, provide a product of equivalent quality and price. If Refabz does not exercise this option, the Buyer will be refunded without delay and no later than thirty days after payment of the amounts they have paid.
9. Right of Withdrawal
9.1. Right of Withdrawal
You have the right to cancel this contract without giving any reason within thirty days. The cancellation period expires thirty days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last item.
To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by mail at the following address: Refabz, 14 Avenue Barthélemy Thimonnier, 69300 Caluire-et-Cuire, France.
You can use the withdrawal form below:
9.2. Cancellation Form
(Please complete and return this form only if you wish to withdraw from the contract.)
- Attention: Refabz, 14 Avenue Barthélemy Thimonnier, 69300 Caluire-et-Cuire, France.
- I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of services (*) listed below
- Ordered on (*) / Received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s)
- Date
(*) Delete as appropriate.
To ensure that the withdrawal period is met, you need only send your notice of withdrawal before the withdrawal period expires. You must return or deliver the item to Refabz, 14 AVENUE BARTHELEMY THIMONNIER, 69300 CALUIRE-ET-CUIRE, FRANCE, without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the item before the fourteen-day period expires. You must bear the direct costs of returning the item.
9.3. Effects of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for any additional costs resulting from your choice, where applicable, a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will process the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer the refund until we have received the goods or until you have provided proof of shipment of the goods, whichever occurs first.
9.4. Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:
- contracts for the supply of goods made to the consumer’s specifications or clearly personalized;
- contracts for the supply of goods liable to deteriorate or expire rapidly;
- contracts for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of goods which, after delivery, and by their nature, are inseparably mixed with other items;
- contracts for the supply of audio or video recordings or computer software where the consumer has unsealed them after delivery;
- contracts for the supply of goods or services where the price depends on fluctuations in the financial market beyond the trader’s control and which may occur during the withdrawal period;
- contracts for the provision of services that have been fully performed before the end of the withdrawal period and whose performance began after the consumer’s prior express consent and express waiver of their right of withdrawal;
- contracts for the supply of digital content not supplied on a tangible medium, the performance of which began after the consumer’s prior express consent and express waiver of their right of withdrawal.
9.5. Liability
You are liable only for any depreciation of the item resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the item.
10. General Refund Policy
Any refund to be issued by Refabz shall be in the form of a credit note or a check. By presenting the check for cashing, the consumer hereby solemnly undertakes not to dispute or contest the transaction related to the refund with their bank or any other party, and agrees not to do so for a period of one year following the date the check is presented. The consumer acknowledges that any breach of this obligation would expose them to the return of the unduly received amount, without prejudice to any damages that Refabz may claim from them.
In the case of promotional offers that include a free gift, in order to receive a refund for their order, the Customer agrees to return to Refabz both the product subject to the cancellation and the associated free gift.
11. Retention of title
Refabz retains full ownership of the products sold until full payment has been received, including the principal amount, fees, and taxes.
12. Complaints / Product Compliance
12.1. Complaint
12.1.1
Upon receipt of the Products, the Customer must immediately verify that they comply with the order. Accordingly, any claims regarding discrepancies in quantities or incorrect product codes must be submitted to Refabz within two days of receipt of the Products, without prejudice to any claims against the Carrier under the terms of Section 9 herein. After this period, no further claims of this nature will be accepted.
If the claim is found to be valid and was filed within the aforementioned time frame, Refabz will make every effort to resolve the issue as soon as possible, in consultation with the relevant manufacturers, if necessary.
12.1.2
In the event of a non-conformity of the Products (i.e., defective Products), the warranty set forth in ARTICLE 13 shall apply in accordance with the procedure outlined in that article and in Articles 12.2 and ARTICLE 14 of this Agreement
12.1.3
In the event of any claims, the Customer must provide the Manufacturers or Refabz with every assistance to investigate the claims, if necessary, and must provide them with all relevant information and documents upon first request.
12.1.4
Any unjustified refusal by the Customer to accept the Products shall result in the Customer paying compensation to Refabz, including, at a minimum, an additional administrative fee of 40 euros, without prejudice to any claim for additional damages.
12.2. Return Request Due to Product Non-Conformity
No product returns under the product warranty provided for in ARTICLE 13 will be accepted without Refabz’s express prior consent. Return requests must be submitted via the Refabz website.
Upon receipt of the Customer’s return request, Refabz will either approve the return of the Product via an “RMA form” or provide a reason for refusing to accept the Product, which will then be sent to the Customer.
When returning the Products, the Customer must include the RMA form with the returned Products and display it clearly on the outside of the return package.
13. Legal and Commercial Warranties
All products sold are covered by the legal warranty against hidden defects (Articles 1641 to 1649 of the Civil Code) and the legal warranty of conformity (Articles L217-3 to L217-20 of the Consumer Code). In addition, we apply our commercial warranty (Articles L217-21 to L217-24 of the Consumer Code).
13.1. Statutory Warranties
The consumer has two years from the date of delivery of the goods to invoke the statutory warranty of conformity in the event of a lack of conformity. During this same period for new goods and during a twelve-month period for used or refurbished goods, 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 continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply. During this 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 first appeared.
The statutory warranty of conformity imposes an obligation on the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer is entitled to a six-month extension of the initial warranty.
If the consumer requests repair of the item but the seller insists on replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the item.
The consumer may obtain a reduction in the purchase price while retaining the item or terminate the contract by receiving a full refund upon return of the item, if:
1° The seller refuses to repair or replace the item;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer definitively bears the costs of returning or removing the non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or to rescission of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period during which the goods are out of service for repair or replacement suspends the warranty period remaining until the delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs the enforcement of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer is also entitled to the statutory warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is retained or to a full refund upon return of the item.
13.2. The Refabz Commercial Warranty
13.2.1 Definition
The Refabz commercial warranty does not replace or limit the customer’s rights under the aforementioned legal warranties in any way. It applies in addition to the rights enjoyed by consumer and non-professional customers under the legal warranty of conformity.
The Refabz commercial warranty applies free of charge to all products or parts sold by Refabz.
The duration of the commercial warranty for each product or part is specified on the product page. It is 6 months or 12 months from the date of delivery, depending on the product or part.
The customer may extend the term of the Refabz commercial warranty for an additional 12 months via a paid warranty extension to be selected at the time of purchase.
Under the commercial warranty, Refabz agrees to provide the Customer with:
- We will respond to all complaints within 24 business hours. Complaints can be submitted directly through the customer portal on the “REFABZ.COM” website under the “Order History and Details” section, or by email to: “contact@refabz.com”;
- Free return of the product if it is defective, using a prepaid return label sent to the customer by Refabz;
- The defective product (or part) will be repaired or replaced within 3 business days of its receipt by Refabz. Refabz will cover the shipping costs for the repaired product.
Any part installed during a repair covered by the commercial warranty will be covered by the remaining warranty period for the product, except for parts for which a shorter warranty period is expressly stated on the product sheet.
Any replaced part becomes the property of Refabz.
13.2.1 Exclusions from the commercial warranty
The Refabz warranty does not apply in the following cases.
- If the product has been damaged as a result of an accident (oxidation, impact, wear and tear, damage caused by dropping or mishandling, vandalism, etc.),
- If the product has been damaged as a result of improper use (malware infection, use of peripheral devices or consumables, presence of foreign objects inside the device, improper storage, negligence, incorrect connection or handling, etc.),
- If one or more components of the product have been tampered with by the customer or a seller not authorized by Refabz (modification of the design or configuration, repair, or replacement of parts),
Normal wear and tear on the product is not covered by the warranties.
14. Product Returns
14.1. Accepted Returns
No returns will be accepted after a period of one (1) month from the date of Refabz’s express prior approval of the RMA form.
Product returns accepted by Refabz will result, in accordance with the manufacturers’ after-sales service policies or at Refabz’s sole discretion, in a repair, a replacement, or the issuance of a credit note in an amount equal to the original invoice total.
We cannot service any device that is locked with a session password, an iCloud account, a Microsoft account, or a Google account.
In the specific case of an approved credit request, the original packaging of the returned merchandise must be unopened and:
- without any markings or labels, including shipping labels,
- carefully repackaged in a suitable outer box.
Any returned product that does not meet these requirements will automatically be refused upon receipt.
In the event of an advance exchange (prior to the return of the defective Product), the Customer must return the defective Product within the aforementioned time frame. After this period, an invoice for the amount of the exchanged item will be automatically generated.
The return of a functional product to the Customer is subject to the Incoterms specified in the original order, including financial and insurance coverage.
14.2. Returns Not Accepted
If Products are returned without Refabz’s express prior consent, they will be systematically refused and returned to the sender at the sender’s expense. In such cases, the corresponding invoice will, of course, be due and payable upon the due date. The risks associated with Products returned without Refabz’s express prior consent shall be borne by the Customer. This Section 14.2 shall apply in cases of returns made after the deadline. If the Customer fails to pay the fees provided for in Section 13.5.1.2 within 30 days in the event of warranty exclusion, storage fees will be billed as applicable. After sending a reminder by registered letter with return receipt, Refabz may proceed to destroy any equipment not collected within one month. The Customer may not claim any compensation of any kind from Refabz.
15. Sponsorship
Refabz allows Customers to refer their friends so that they can become customers of the https://www.refabz.com/ website
The referral must be between two separate individuals or legal entities. Refabz reserves the right to refuse a referral without providing a reason.
The referral credit can only be used on your first order, with no minimum purchase required. Therefore, if the credit is not fully used on your first order, any remaining credit cannot be carried over to another purchase and will be forfeited.
The credit earned through the Refabz referral program, for both the referred and the referrer, applies only to the price of the products. Shipping costs cannot therefore be covered by the credit.
The amount includes tax.
16. Liability
The products offered by Refabz comply with current French law.
Refabz shall not be held liable for any failure to perform the contract in the event of a stock shortage or product unavailability, force majeure, or total or partial disruption or strike, particularly affecting postal services, transportation, and/or communications.
Refabz shall not be held liable for any direct or indirect damages that may arise from the purchase of the products.
Refabz shall not be liable for any loss of data or files. It is the Buyer’s responsibility to perform all necessary backups.
Refabz shall not be held liable for any total or partial inability to use the products, particularly due to hardware incompatibility, nor shall such circumstances give rise to any compensation or refund.
17. Partial Invalidity
If one or more provisions of these General Terms and Conditions of Sale are deemed invalid or declared as such pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall remain in full force and effect.
18. No Waiver
The fact that one party does not invoke a breach by the other party of any of the obligations set forth in these General Terms and Conditions of Sale shall not be construed in the future as a waiver of the obligation in question.
19. Governing Law
Sales of Refabz products are governed by French law.
20. Data Protection
The information collected by Refabz when the Buyer places an order is necessary for Refabz and its business partners to process the order. In accordance with the French Data Protection Act No. 78-17 of January 6, 1978, the Buyer has the right to access, correct, object to, and delete data concerning them by contacting Refabz.
Through Refabz, the Buyer may receive commercial offers or be informed of Refabz’s promotions. If the Buyer does not wish to receive these offers, they may notify Refabz by mail at:
Refabz / LM Eco Production
69300 CALUIRE-ET-CUIRE
21. Customer Service and Order Tracking
For further information, the Buyer may contact customer service at +33 4 81 09 19 39 or by email at the following address: [email protected]
22. Disputes
By placing an order, the customer agrees, without restriction, to Refabz’s Terms and Conditions of Sale.
In the event of a dispute, the customer must contact Refabz’s customer service department at the following address: Refabz - 14 Avenue Barthélémy Thimonnier - 69300 Caluire-et-Cuire - [email protected], a written complaint so that an amicable resolution may be reached.
In the event of a persistent disagreement, the Customer is informed that they may refer the matter free of charge to the consumer mediator recommended by Refabz, namely AME CONSO, within one year of the written complaint being sent to customer service.
The consumer mediator may be contacted:
- Either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- Or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris.
The customer remains free to accept or refuse mediation, and, in the event of mediation, each Party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable resolution, recourse to mediation, or agreement on the solution proposed by the mediator, the dispute shall be brought before the courts of general jurisdiction in the case of a sales contract concluded with a consumer or non-professional customer. In the event of a dispute with a professional customer, the matter must be brought before the Commercial Court of Lyon.