Article 1 Designation of the seller

Required information

This site www.microsion.fr is published by the associative label Micro Si'On ™, represented by Madame Isabelle CARRERE, President, whose registered office is at Route de Taradeau 14 Domaine de l'Olivier - 83460 LES ARCS-SUR- ARGENS registered with the RNA under number W831011685.

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Article 2- General provisions relating to these general conditions of sale (hereinafter the GTC)

2. 1. Purpose of the GTC

The GTC are applicable exclusively to the online sale of products of the Micro Si'On ™ associative label on the site www.microsion.fr, (hereinafter the site), access to which is free and open to all Internet users.

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2. 2. Scope of the GTC

The GTC exclusively govern online sales contracts for products of the Micro Si'On ™ associative label (hereinafter the associative label) to buyers having the status of consumers (hereinafter consumers) and constitute with the online order the documents contractual opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which are only indicative.

The GTC are exclusively applicable to products delivered and services provided to consumers established in France or in a member country of the European Union.

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The T & Cs are drawn up as well as all the contractual information mentioned on the site in French.

2. 3. Availability and enforceability of the GTC

The T & Cs are made available to consumers on the association label's website where they can be consulted directly and can also be communicated to them on request by telephone, email or post.

The GTC are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, to have read and accepted them before placing an order.

The validation of the order by its confirmation constitutes acceptance by the purchaser of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the associative label in accordance with article 1127-2 of the civil code (former C. civ., art. 1369-4).

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2. 4. Modification of the GTC

The associative label reserves the right to modify its GTC at any time.

In the event of modification of the GTC, the applicable GTC are those in force on the date of the order.

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2. 5. Clauses of the GTC

The nullity of a contractual clause does not entail the nullity of the GTC unless it is an impulsive and decisive clause which led one of the parties to conclude the sales contract.

The temporary or permanent non-application of one or more clauses of the GTC by the associative label cannot constitute a waiver on its part of the other clauses of the GTC which continue to produce their effects.

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Article 3- Products

3.1. Characteristics

The photographs illustrating the products do not constitute a contractual document.

3.2. Manual

The method of use of the product, if it is an essential element, is mentioned on the merchant site or specified at the latest by means of a notice during delivery.

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3.3. Compliance

The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.

The products comply with the requirements of French law in force at the time of their placing on the market.

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3.4. Stock availability

The products are offered and delivered within the limits of available stocks.

In case of unavailability of the ordered product, the associative label immediately informs the buyer and can offer him a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order that can be used. for any next order.

If the buyer disagrees, the label will reimburse the sums paid within two months.

Apart from the reimbursement of the price of the unavailable product, the association label is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

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Article 4- Price

4. 1. Sale price

The selling prices, in accordance with Article L. 112-1 of the Consumer Code are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the the order and invoiced in addition (the Micro Si'On ™ association is not subject to VAT).

The total amount owed by the consumer is indicated on the order confirmation page.

The selling price of the product is that in force on the day of the order.

The selling price of the products does not include shipping and delivery costs which are invoiced in addition.

The sale price does not include any customs fees or any taxes that may be imposed for any order placed outside of France and the European Union.

In the event of price promotion, the associative label undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.

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4. 2. Modification

The associative label reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.

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4. 3. Fees

The additional costs of transport, delivery or postage, of which the customer was able to take note before the order, are fixed on the order form.

Article L. 112-3 of the Consumer Code (former C. consom., Art. L. 113-3-1)

I. - When the price cannot be reasonably calculated in advance due to the nature of the good or service, the seller provides the method of calculating the price and, if applicable, all additional transport costs , delivery or postage and all other possible costs. When the additional costs cannot reasonably be calculated in advance, the seller mentions that they may be payable.

II. - In the case of an open-ended contract or a contract with a subscription, the total price includes the total costs incurred for each billing period.

When such contracts are billed at a fixed rate, the total price also includes the total monthly costs. When the total cost cannot be reasonably calculated in advance, the price calculation method is communicated.

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Article 5- Offer

5. 1. Domain

The online sales offers presented on the site are reserved for consumers residing in the territory of the European Union.  

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5. 2. Duration

The online sales offers presented on the site are valid, in the absence of a specific duration indication, as long as the products appear in the electronic catalog and within the limits of available stocks.

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5. 3. Acceptance

The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.

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Article 6- Order

6. 1. Stages of conclusion of the contract

To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides information relating to the delivery and the method of payment.

Before clicking on the "Confirm order" button, the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.

Confirmation of the order implies acceptance of the GTC and forms the contract.

An email acknowledging receipt of the order and its payment is sent by the associative label as soon as possible.

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6. 2. Order modification

Any modification of order by the consumer after confirmation of his order is subject to the acceptance of the associative label.

The associative label reserves the right to make changes to the product ordered which are linked to technical development under the conditions provided for in Article R. 212-4 of the Consumer Code (former C. consom., Art. R. 212-4, V).

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6. 3. Confirmation of the order

The associative label reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the quality of consumers.

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6.4. Exceptions

An order may exceptionally be placed outside the geographical area provided for in article 5.1, namely the territory of the European Union (and in particular but not exclusively Great Britain). The consumer must make a specific request to the Micro Si'On ™ association to the following email address contact@microsion.fr

The associative label has 8 days to respond to this request, after which the order will be deemed to have been refused.

The terms of international delivery and the related costs will be directly communicated by the associative label to the consumer who will have the option of accepting the order or refusing it. The consumer who does not respond to the offer made by the label within 8 days will be deemed to have abandoned his order.

Article 7- Contract

7. 1. Conclusion

The sales contract is formed when the consumer sends the confirmation of his order.

7. 2. Archiving and proof

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in accordance with article 1360 of the civil code (former C. civ., Art. 1348). These communications, purchase orders and invoices can be produced as proof of the contract.

7. 3. Resolution

The order can be resolved by the buyer by email at the address mentioned in the article:

• Delivery of a product that does not conform to the declared characteristics of the product;

• Delivery exceeding the deadline set in the order form or, failing such a date, within thirty days of the conclusion of the contract, after the association label has been ordered, under the same terms and without result, d '' make delivery within a reasonable additional time;

• A price increase which is not justified by a technical modification of the product imposed by the public authorities.

The command can be resolved by the associative label in case:

• Refusal of the buyer to take delivery;

• Non-payment of the price (or the balance of the price) at the time of delivery.

Article 8- Payment

8. 1. Payability

The price is payable in full after confirmation of the order.

Payment is made immediately upon ordering by secure online payment by credit card.

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8. 2. Additional payment

Article L. 121-18 of the Consumer Code (former C. consom., Art. L. 114-1)

Prior to the conclusion of a contract of sale or provision of services, the seller ensures the express consent of the consumer for any additional payment on top of the price of the main object of the contract. In the event that the additional payment results from the consumer's consent given by default, that is to say in the absence of express opposition on his part to paying options that he has not requested, the consumer can claim reimbursement of the sums paid for this additional payment.

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8. 3. Payment security

The site is equipped with an online payment security system allowing consumers to encrypt the transmission of their bank details.

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8. 4. Late payment

Any sum not paid on the due date is productive, without formal notice, of interest.

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8. 5. Default of payment

The associative label reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to terminate the contract by simple registered letter with request for acknowledgment of receipt and keep, as compensation, the amount paid for the order.

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Article 9- Delivery

9. 1. Definition

Delivery means the transfer to the consumer of physical possession or control of the good.

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9. 2. Delivery time

The associative label undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within a period which includes the preparation time of the order of 24 hours (Monday to Friday from 9:30 a.m. to 5:30 p.m. , excluding promotional period, excluding weekends, public holidays, holiday period), the sending procedure and the delivery time by our carrier La Poste, Colissimo, Mondial Relay 48h / 5 jours ( indicative time according to the

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9. 3. Delay in delivery

When the ordered product is not delivered or the service is not provided on the date or at the expiration of the period mentioned on the order form, the consumer may, after having unsuccessfully enjoined the associative label to perform its obligation delivery within a reasonable additional time, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium.

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9. 4. Place of delivery

The products are delivered to the address indicated by the customer on the order form (home or relay point)

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9. 5. Terms of delivery

Delivery is made by direct delivery of the product to the buyer or, failing that, by the sending by the associative label of a notice of availability to the buyer.

Within fifteen days from the notice of availability, the buyer must collect the product ordered.

In the absence of withdrawal within the period indicated, the associative label may, after a formal notice from the purchaser, which has remained ineffective, proceed with the withdrawal, automatically terminate the order and retain the sum as compensation. paid on order.

When the product is delivered to the address indicated on the order form by a carrier, it is the buyer's responsibility to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing elements, to make reservations on the delivery slip or on the transport receipt, and possibly to refuse the product and notify the association label.

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9. 6. Product conformity

If the product does not comply with the order, the consumer must send a complaint to the associative label with a view to obtaining the replacement of the product or possibly the resolution of the sale.

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9. 7. Unavailability of products

In the event of unavailability of products on delivery, the association label may offer, under the conditions provided for in article 3.4 of the GTC, a product equivalent in terms of quality and price.

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9. 8. Failure to deliver

The total lack of delivery entails the automatic termination of the sales contract.

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9. 9. Delivery and transfer of risk

The risks of loss or damage to the goods are transferred to the consumer at the time he takes, or a third party he has designated, physically possession of the goods, without distinction according to its nature.

The product, which is delivered to the consumer by a carrier chosen by the association label, travels at the risk and peril of the association label.

The product, which would be delivered to the consumer by a carrier chosen by him, travels at the risk and peril of the consumer from the delivery of the goods to the carrier.

9. 10. Transfer of ownership

From the delivery date indicated in the order form, ownership of the product is transferred to the buyer, except in the event that full payment of the price has not been cashed when ordering.

The associative label must confirm the purchase of the good on the order form or the general conditions of sale or on any other durable medium to the consumer the information which he has already given under the pre-contractual information and which has been issued to him. by the manufacturer or importer of movable property concerning the period during which or the date until which the spare parts essential for the use of a good are available.

Article 10- Legal guarantee of conformity and guarantee of hidden defects

10. 1. Consumer information

All the products supplied by the associative label benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code (C. consom., L. 211-4 to L. 211-14) or from the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

Regardless of any commercial guarantee granted, the association label is liable for any lack of conformity of the goods covered by the contract under the conditions of Article L. 217-4 and following of the Consumer Code (former C. consom., Art. L. 211-4 et seq.) And hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. Of the Civil Code.

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10. 2. Implementation of the guarantee of conformity

The associative label is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L. 217-5 of the Consumer Code (former C. consom., Art. L. 211-5)

To be in conformity with the contract, the good must:

1o Be fit for the use usually expected of a similar good and, if applicable:

• Correspond to the description given by the associative label and possess the qualities that it presented to the buyer in the form of a sample or model;

• Present the qualities that a buyer can legitimately expect given the public statements made by the association label, by the producer or by his representative, in particular in advertising or labeling;

2o Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the associative label and which the latter has accepted.

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Article L. 217-12 of the Consumer Code (former C. consom., Art. L. 211-12)

The action resulting from the lack of conformity lapses two years after delivery of the goods.

If the consumer wishes to implement the legal guarantee of non-conformity, the consumer must contact the company whose brand and contact details are pre-printed on the front.

When acting as a legal guarantee of conformity, the consumer:

• Benefit from a period of two years from the delivery of the property to act;

• Can choose between repair or replacement of the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code (former C. consom., Art L. 211-9);

• Is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.

10. 3. Implementation of the warranty against hidden defects

Article 1641 of the Civil Code

The associative label is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or not. would have given a lower price, if he had known them.

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Article 1648 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

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Article 11- Clauses on guarantees

11. 1. Exemption clause

The clauses exonerating or limiting the rights granted to consumers under legal guarantees, which are deemed unwritten when they are concluded before any complaint on his part, are valid when they are concluded after a complaint under article L. 241-5 of the Consumer Code (former C. consom., Art. L. 211-17).

11. 2. Law applicable to guarantees

The French law applicable to the contract by virtue of article 21 of the GTC cannot have the effect of depriving the consumer residing in another Member State of the provisions on the guarantees granted to him by his national law in application of the directive of May 25, 1999. concerning the sale and guarantees of consumer goods.

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Article 12- Liability

12. 1. Disclaimer

The associative label cannot be held liable in the event of non-performance or improper performance of the contract due either to the buyer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.

12. 2. Product safety fault

In the event of damage caused by a defect in the safety of the product, the consumer should seek the liability of the manufacturer identifiable from the information mentioned on the packaging of the product.

12. 3. Penalty clause

In all cases of non-fulfillment of his obligations by the consumer, the sum paid for the order remains acquired by the associative label as compensation.

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Article 13 Termination clause

The cancellation of the order in the cases provided for in these T & Cs will be pronounced by simple registered letter with acknowledgment of receipt or by electronic letter and will be acquired by operation of law without legal formalities.

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Article 14 Right of withdrawal

14. 1. Conditions, deadline and modalities of exercise

If the consumer signs the contract, he will have the right to withdraw, without giving any reason, within fourteen days.

The withdrawal period expires fourteen days after the day of conclusion of the contract.

To exercise the right of withdrawal, the consumer must notify the associative label:

• Name, geographic address and, when available, telephone number, fax number and email address;

• As well as his decision to withdraw from the contract by means of an unambiguous declaration (by e-mail). He can use the model withdrawal form, but it is not compulsory.

For the withdrawal period of fourteen days to be respected, it is sufficient for the customer to send his communication relating to the exercise of the right of withdrawal before the expiry of this period. In all cases, the burden of proof for this exercise lies with the client.

A model withdrawal form is attached to these GTC.

14. 2. Effects

In the event of withdrawal from the consumer, the associative label will reimburse all payments received from the consumer, including delivery costs (with the exception of additional costs arising from the fact that the consumer has chosen, where applicable, a mode delivery other than the less expensive standard delivery method offered by the association label) without excessive delay and, in any event, no later than fourteen days from the day on which the association label would be informed of the decision to withdraw from the contract possible by the consumer.

It is recalled that the responsibility of the customer, in the event of withdrawal after use of the goods, is engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good operation of this or these goods. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods which are offered for sale there.

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In the event of withdrawal by the customer, the latter must return or return the goods to the associative label without undue delay and, in any event, no later than fourteen days after the customer has communicated to said association his decision to withdraw. of the possible contract. This period is deemed to have been met if the customer returns the goods of the order before the expiration of the fourteen day period.

The association may defer reimbursement until receipt of the item (s) of the order, or until the customer has provided proof of shipment of this (or these) item (s), the date selected. being that of the first of these facts.

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14. 3. Model withdrawal form

The model withdrawal form is tear-off / printable and can be found at the bottom of the document.

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Article 15- Intellectual property

The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright and trademark law, including in particular but not exclusively the products offered by the associative label Micro Si'On ™.

The President of the Micro Si'On association is in fact the holder of the application for a French national figurative mark Micro Si'On filed on March 25, 2021 under number 4 748 328 in classes 16, 25, 35 and 41 with the INPI, regularly published in BOPI 2021-15 of April 16, 2021.

Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, expose the offenders to legal proceedings.

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Article 16- Confidentiality

The Micro Si'On ™ association guarantees the total confidentiality of all the information communicated to be processed and kept by it.

The Micro Si'On ™ association is committed to an obligation of absolute discretion.

Article 17- Data processing

The computerized processing of personal data collected has the sole purpose of order management.

These data are collected, recorded and stored in accordance with the provisions of the law relating to computers, files and freedoms of January 6, 1978 in the version in force on the date hereof, as well as with the provisions of the Regulations. General on Data Protection.

The Data collected by the Micro Si'On ™ association are exclusively necessary for the performance of the services referred to in these T & Cs. They are kept for the time strictly necessary for the delivery of the products referred to in article 3. The Micro Si'On ™ association nevertheless reserves the right to archive any personal data that it may have collected. in execution hereof, for the period of limitation of liability actions. In this case, the archived data will be stored on a secure server which only the legal representative of the Micro Si'On ™ association will be able to access, and this, exclusively in the context of a dispute whose resolution requires the judicial communication of said data. .

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The processing of this data is necessary for the provision of the Services mentioned in these General Conditions.

Each customer has the right to access, modify, rectify and delete Personal Data concerning him, in accordance with the provisions of the law relating to computers, files and freedoms of January 6, 1978 in its version. in force on the date hereof and in accordance with community regulations.

The right of access, modification, rectification and erasure provided for in the previous paragraph is exercised with customer service at the following email address: contact@microsion.fr

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In the event of difficulty in connection with the management of personal data, the consumer has the right to lodge a complaint with the CNIL or with any competent supervisory authority.

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Cookies can be installed automatically on the consumer's browser software when they access the Site. A cookie is an element which does not make it possible to identify a person but is used to record information relating to the navigation of this one on the Site. The browser settings may make it possible to refuse cookies according to the procedure described in the “Internet Option” tab of the browser.

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Article 18. Complaints

In the event of a dispute, the consumer must first contact the legal representative of the associative label at the following telephone number 06 79 83 01 28 (non-surcharged number from a landline in mainland France), from Monday to Friday except public holidays or non-working days, from 9:30 a.m. to 12:30 p.m. and from 1:30 p.m. to 5:30 p.m. or by email (contact@microsion.fr) or post to 14 Domaine de l'Olivier - 83460 LES ARCS-SUR-ARGENS.

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Article 19. Request for mediation

In the event of failure of the complaint request to the legal representative or in the absence of a response within two months, the consumer may submit the dispute relating to these GTC opposing him to the associative label to a mediator who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.

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Article 20- Competent court

In the absence of an amicable agreement, the consumer can seize the court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all the documents related to this contract.

The competent court will be that of the place of domicile of the defendant (article 42 of the code of civil procedure) or that of the place of the actual delivery of the object or the execution of the service (article 46 of the code of civil procedure). .

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Article 21- Applicable law

This contract and the GTC governing it are subject to French law.

The application of the law of the country of the associative label may nevertheless be excluded in favor of that of the law of the country of the consumer under the conditions provided for in article 6-2 of the regulation of June 17, 2008 on the law applicable to contractual obligations. which is taken up by article 17 of the law of June 21, 2004 for confidence in the digital economy for the benefit of the French consumer.

According to the regulation, the application of the law of the seller's country must not deprive the consumer residing in another Member State of the protection afforded him by the mandatory provisions of the law of his country, which must be assumed to be more favorable than those of the seller's country.

In the present case, the foreign consumer having contracted on a French site will have to demonstrate, to obtain from the judge the application of his own law, that the French law is less favorable than that of his country and that the law of his country creates a hindrance to trade in the internal market which is justified by the protection of consumers.

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