The website soway.eu (hereinafter referred to as the “Website”) is published by CMB SOLAIRE SAS, a simplified joint-stock company with a share capital of €1,000, having its registered office at 13 allée des Grebes, 44500 La Baule – France, registered with the Saint Nazaire Trade and Companies Register under number 821 787 777; telephone 02 40 60 10 60; VAT number FR 821 787 777 (hereinafter “Soway”). All orders placed on the Website are subject to these terms and conditions of sale. These terms and conditions are subject to change and update; the terms applicable to a customer’s order for a product are those in force on the date of the order. These general terms and conditions of sale are governed by French law, unless otherwise required by mandatory provisions such as those arising from the Rome Convention on the Law Applicable to Contractual Obligations of 19 June 1980.

1 – THE CUSTOMER

The Website’s customer must be a consumer, a natural person of legal age and legally competent. They must reside in one of the following countries: mainland France, Belgium, the Netherlands, Spain, Greece, Cyprus, Luxembourg, Finland, Sweden, Denmark, Austria, Italy, Portugal, Germany, Switzerland, Norway, Liechtenstein, Latvia, Lithuania, the Czech Republic, Estonia, Slovakia, Slovenia, Bulgaria, Hungary, Malta, Monaco, Poland. When placing their first order on the Website, the customer must open a customer account and complete an order form, filling in certain mandatory fields so that their product order can be processed by Soway.

The information provided to Soway when opening a customer account or at the time of each order must be complete, accurate and up to date. Soway may, where necessary, ask the customer to confirm—by any means—this information and their identity.

On the Website, Soway collects personal data. This data is necessary for processing the order and may be disclosed in whole or in part to Soway’s service providers involved in fulfilling the order.

The customer is informed that this same personal data is also collected by an organisation responsible for analysing orders and combating credit card fraud.

In accordance with Law No. 78-17 of 6 January 1978 on data processing, files and freedoms, the customer has the right to access, amend, rectify, object to and delete personal data concerning them. To exercise this right, they need only send an email to: marie@soway.fr

2 – THE PRODUCTS

The products offered for sale are, on the one hand:

-Those described on the Website. The Soway website takes the utmost care and ensures the greatest accuracy in the presentation and description of these products, within the limits of technical feasibility and in accordance with the highest market standards. However, it is possible that minor errors may appear on the Website, which the customer acknowledges and accepts. In any event, should the product delivered not conform to its description on the Website, Soway undertakes to rectify this error: the consumer may either exercise their right of withdrawal or invoke Soway’s guarantee of conformity. If the products ordered are no longer available, Soway will inform the customer by email as soon as possible and will refund any amount charged by crediting the customer’s credit card or gift voucher.

-And products intended for professionals and resellers, which are exclusively products from the Soway ‘professional range’.

3 – ORDERING PRODUCTS

The steps:

Placing an order on the Website is subject to compliance with the procedure established by Soway, which is implemented through a series of different screen pages indicating the steps the customer must follow to confirm their order.

Before definitively confirming their order, the customer will have the opportunity to check the order details and total price, and to correct any errors, before confirming the order to indicate their acceptance.

Order verification:

Soway shall be entitled to refuse any order placed by a customer with whom there is a dispute regarding payment for a previous order, as well as any order that does not comply with these general terms and conditions of sale.

In such cases, Soway will inform the customer by telephone, post or email. Should the customer fail to correct any errors or elements contrary to these general terms and conditions of sale with Soway, Soway reserves the right not to process the order.

Order confirmation:

Once the customer has confirmed their order, Soway will acknowledge receipt without delay by email sent to the address provided by the customer. To this end, the customer expressly agrees to the use of email for Soway’s confirmation of the order’s contents.

This confirmation email sets out all the information provided by the customer, as well as the price and agreed payment terms, indicating, where applicable, any difficulties or reservations raised by the order. Furthermore, upon delivery, the customer will receive, for each product, written confirmation of the price paid and the delivery charges charged to them. At the same time, Soway retains details relating to any order of €120 or more for a period of 10 years and makes them available to the customer upon simple request.

However, for orders placed on the Website, it is recommended that the customer also retains a copy (in electronic and/or paper format) of the details relating to their order (for example, the confirmation email sent by Soway).

Amendment or cancellation of an order: no amendment or cancellation of an order is possible once it has been forwarded to Soway’s logistics department. The customer may contact customer services by telephone on +(33)6 64 03 62 85 or by email at marie@soway.fr to check the status of their order.

4 – PRICES AND PAYMENT TERMS

The prices displayed on the Website are shown in Euros (France, English/international) and are displayed according to the customer’s IP address. Prices are inclusive of all taxes (VAT included), excluding delivery charges. The prices invoiced to the customer are those in force on the date of the order.

Any costs that may be required for the entry of the ordered products into the delivery territory are the sole responsibility of the customers, which they accept.

For all intents and purposes, this information regarding the payment of additional costs in the event of a delivery request outside the European Union will, of course, be specified on the Website to any customer providing a delivery address outside the European Union. Refusal by the customer to pay customs duties will result in the cancellation of the order and a refund. Any transport and customs clearance costs paid by CMB Solaire SAS to retrieve the order will be deducted from the refunded amount. Payment of the total price of the products and delivery charges is made by credit card or gift voucher.

For credit card payments, the customer must be the holder of the credit card used. They will be directed to a secure payment gateway provided by a banking institution, which ensures the security and processing of the payment transaction.

In the event that, for any reason whatsoever (dispute, refusal by the issuing bank, etc.), it proves impossible to debit the sums owed by the customer, the order will not be registered by Soway. Soway shall be entitled to cancel any order where the customer’s IP address is located in a country different from the delivery address.

Availability: In the event that a product is unavailable after an order has been placed, the Customer will be informed by post, email or telephone. They will have the choice of requesting a refund or an exchange of the product. The refund will be processed within a maximum of 30 days.

5 – DELIVERY

Home delivery via Colissimo:

Delivery is carried out by Soway to the delivery address provided by the customer, provided that this is the residential address of the customer or any other individual of their choice residing in one of the following territories: mainland France, French overseas departments and territories, Ireland, Belgium, the Netherlands, Spain, Greece, Luxembourg, Finland, Sweden, Denmark, Austria, Italy, Portugal, Germany, Switzerland*, Norway, Liechtenstein, Latvia, Lithuania, Estonia, Bulgaria, Monaco, Poland. Delivery cannot be made to hotels, public places or PO boxes.

In the event of a delivery request outside these territories, Soway may agree to deliver the products, but the customer shall be responsible for any customs duties, taxes and other official charges, as well as the costs of completing the customs formalities required due to the importation of the products into the country where delivery is requested. A signature will be required upon delivery of any parcel. In the aforementioned territories, delivery will take place within a maximum of 5 working days (except Corsica: 7 to 10 working days) from the date Soway receives full payment.

To ensure these delivery times are met, the customer must ensure they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). Inaccurate information may result in additional delivery delays or even the need for redelivery.

Should the customer refuse delivery of their parcel, the delivery charges will not be refunded.

Outside the European Union and outside the territories mentioned above, please note that delivery may be delayed until customs formalities and charges have been settled by the customer, which they accept. Refusal by the customer to pay customs charges will result in the cancellation of the order and a refund. Any transport and customs clearance costs paid by CMB Solaire SAS to retrieve the order will be deducted from the refunded amount. Once the order has been confirmed, the Customer will no longer be able to change the delivery address. The total delivery charges for the products ordered will be calculated according to the rates set out below. This amount will be shown to the customer on the Website before they accept their order and will be stated again in the confirmation email sent by Soway as well as on the delivery notes.

Soway does not deliver outside Europe or to the following territories:

– Italy: Campione d’Italia, Livigno, Lugano, San Marino, Vatican City.

– Spain: Ceuta, Melilla, Canary Islands, Tenerife. Denmark: Faroe Islands, Greenland.

– Greece: Mount Athos. Germany: Heligoland, Busingen. Finland: Åland Islands.

6 – THE RIGHT OF WITHDRAWAL

The customer has a right of withdrawal which they may exercise, without having to provide any reason, within fourteen (14) clear days from receipt of the ordered products.

For a refund:

To simplify the exercise of the right of withdrawal, Soway asks customers to notify them by email at the following address: marie@soway.fr. At this time, the customer may specify whether they wish a refund or an exchange of the product.

The products must be returned in perfect condition, complete (accessories, instructions, warranty, etc.) and accompanied by a copy of the documents attached to the order, to the following address:

Centre Logistique de Distribution SARL

1223 Voie Christophe Colomb | Alpespace | 73800 PORTE DE SAVOIE, France

The customer will be refunded to their credit card or by cheque (depending on the original payment method), excluding the original delivery charges, except for shipments to French overseas departments and territories, where delivery charges will not be refunded in the event of a return.

For the return, the customer may select the carrier of their choice, requesting a shipment with tracking and delivery against signature (no registered post).

Products returned incomplete, damaged, or soiled due to the customer’s fault will not be refunded. Return costs and associated risks are the customer’s responsibility. It is therefore recommended that the customer retain proof of the return, which implies that the products are returned via tracked delivery or by any other means providing a definite date of receipt. Unless the customer has requested an exchange of the product or a credit note, a refund of the full invoiced price (including initial delivery charges) for the returned products will be issued, either by crediting the credit card used for the purchase or by cheque, no later than fourteen days following the date on which the right of withdrawal was exercised.

For an exchange:

To simplify the exercise of the right of withdrawal, Soway asks customers to notify us by email at the following address: marie@soway.fr. At this time, the customer may specify whether they wish to receive a refund or an exchange for the product.

Products must be returned in perfect condition, complete (including accessories and instructions), accompanied by a copy of the documents attached to the order, to the following address:

Centre Logistique de Distribution SARL

1223 Voie Christophe Colomb | Alpespace | 73800 PORTE DE SAVOIE, France

The customer will be refunded the amount of their original order to their credit card or by cheque (depending on the original payment method), excluding the original delivery charges, upon receipt of the returned goods.

For the return, the customer may select the carrier of their choice, requesting a shipment with tracking and signature on delivery (no registered post).

Products returned incomplete, damaged, or soiled due to the customer’s fault will not be refunded. The cost of return postage and any associated risks are the customer’s responsibility. The customer is therefore advised to retain proof of the return, which means that products must be returned via tracked delivery or by any other method providing a definite date of delivery. A refund of the full invoiced price (excluding initial delivery charges) for the returned products will be issued, either as a credit to the credit card used by the customer or by cheque, no later than fourteen days following the date on which the right of withdrawal was exercised.

The customer must place a new order to receive their replacement item.

7 – WARRANTIES

Conformity: The customer is asked to ensure that the product delivered to them corresponds to their order. They may inform Soway by email, at marie@soway.fr, of any duly justified non-conformity of a product with their order and, after notifying Soway, return the product in question in perfect condition, complete (with storage pouch, etc.) and accompanied by a copy of the documents attached to the order to the following address:

 

Centre Logistique de Distribution SARL

1223 Voie Christophe Colomb | Alpespace | 73800 PORTE DE SAVOIE, France

The customer may also contact customer services by email at marie@soway.fr for any further information.

For non-compliant products delivered by Soway to delivery addresses outside the European Union, the customer undertakes to inform the customs authorities – by any means – that this is a return of non-compliant products.

Statutory warranties:

Notwithstanding any specific warranty conditions that may have been provided to the customer with the delivered product, Soway products sold on the Website are subject to the following statutory warranties:

Article L.211-4 of the French Consumer Code: “The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter has been made the seller’s responsibility under the contract or has been carried out under the seller’s responsibility.” »

Article L.211-5 of the French 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 possess the qualities that the seller has presented to the buyer in the form of a sample or model;

– possess the qualities that a buyer may legitimately expect on the basis of public statements made by the seller, the manufacturer or their representative, particularly in advertising or labelling;

2) Or possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter. »

Article L.211-12 of the Consumer Code: “The right of action arising from lack of conformity shall be time-barred two years after delivery of the goods. ”

Article L.211-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to bring an action arising from latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognised by law. »

Article 1641 of the Civil Code: “The seller is liable under the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have purchased it, or would have paid only a lower price for it, had they been aware of them.”

Article 1648(1)(e) of the Civil Code: “An action arising from latent defects must be brought by the purchaser within two years of the discovery of the defect.”