The online store on the signalbip.com website has been set up by the SIGNALBIP company, which is the operator of this site. Any order placed for a product appearing in the SIGNALBIP.com online store implies prior consultation of these general conditions. Consequently, the consumer acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website store.
The consumer has the option of saving or printing these terms and conditions, it being understood that the saving and printing of this document are the sole responsibility of the consumer.
The online store set up by SIGNALBIP within the framework of the website includes the following information:
- legal information enabling precise identification of the SIGNALBIP company;
- presentation of the essential characteristics of the goods offered;
- indication, in Euros, of the price of the goods, as well as, where applicable, delivery charges;
- indication of the terms of payment, delivery or performance;
- the existence of a right of withdrawal;
- the period of validity of the offer or price;
- the conditions for terminating the contract if it is open-ended or for more than one year.
All this information is presented in French. The consumer declares that he/she has full legal capacity to enter into the present terms and conditions.
Article 1 : Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these general conditions. No general or specific condition appearing in documents sent or delivered by the consumer may be incorporated herein, insofar as such documents are incompatible with these general conditions.
Article 2 : Purpose
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 services offered by SIGNALBIP to the consumer.
Article 3: Contractual documents
The present contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions; the order form. In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4: Entry into force - duration
The present terms and conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company SIGNALBIP.
Article 5 : Electronic signature
The consumer's “double click” on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.
Article 6 : Order confirmation
Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing this, at the address indicated by the consumer on the order form.
Article 7 : Proof of transaction
Computerized registers, kept in SIGNALBIP's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a: On its website, SIGNALBIP presents the products for sale with the characteristics necessary to comply with Article L 111-1 of the French Consumer Code, which allows potential consumers to know the essential characteristics of the products they wish to purchase before placing a final order.
8-b : The offers presented by SIGNALBIP are only valid while stocks last.
Article 9 : Prices
Prices are indicated in euros and are only valid on the date the order form is sent by the consumer. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.
Article 10 : Payment methods
To pay for his order, the consumer has, at his choice, all the payment methods mentioned on the order form. The consumer guarantees SIGNALBIP that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. SIGNALBIP reserves the right to refuse delivery or to honour an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Article 11 : Product availability
The order will be executed within 3 days at the latest from the working day following the day on which the consumer placed the order. In the event of unavailability of the product ordered, notably due to our suppliers, the consumer will be informed as soon as possible and will have the option of cancelling the order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 12 : Delivery terms
Products are delivered to the address indicated by the customer on the order form. It is the responsibility of the customer to check the condition of the packaging upon delivery and to report any damage to the carrier on the delivery slip, as well as to SIGNALBIP, within one week.
The consumer may, at his request, have an invoice sent to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.
For deliveries in mainland France, we work mainly with Colissimo Suivi. As soon as your order is dispatched, you will immediately receive an e-mail informing you. To keep shipping costs to a minimum, all medium-sized products are shipped by La Poste's Colissimo Suivi service (accessories are shipped by Lettre Suivie). In addition to being economical, this service delivers within 48 hours anywhere in France. This time is given as an indication only. This service allows you to pick up your order at a post office close to the delivery address, should you be absent from the original delivery address when the letter carrier arrives. Specifically, if you are absent on the day of delivery, your letter carrier will leave a delivery notice in your letterbox, allowing you to collect your parcel from your post office during opening hours, within 15 days.
Colissimo Suivi is a highly reliable service. However, as with any shipment, there may be a delay in delivery or the product may go astray. In the event of a delay in delivery in relation to the date we indicated in the dispatch e-mail, we ask you to inform us of this delay by calling us by telephone or by sending us an e-mail. We will then contact La Poste to start an investigation. A La Poste investigation may take up to 21 days from the date the investigation begins. If, during this period, the product is found, it will immediately be returned to your home address (in most cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, La Poste will consider the parcel lost. In the event of a delay in delivery exceeding seven (7) days, the consumer has the right to request a refund of the order. We undertake to reimburse you within 14 days of the date of your decision.
Article 13: Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product in accordance with the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days of the delivery date, setting out the aforementioned complaints. The consumer must send a copy of this letter by fax or by post to :
SIGNALBIP
Customer Service
105 rue du Jardin Public
33000 BORDEAUX
Article 14: Delivery errors
14-a: The consumer must notify SIGNALBIP on the day of delivery or at the latest on the first working day following delivery of any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
14-b: The formulation of this complaint with the company SIGNALBIP can be made in priority by telephone to +33 9 77 82 33 85 or by sending a message to the following e-mail address: “contact@signalbip.com” by specifying the reference of the order.
14-c: Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company SIGNALBIP of any responsibility with respect to the consumer.
14-d: Upon receipt of the complaint, you must return the product to us so that the errors or defects can be checked by the after-sales service in accordance with the information below. Once the error or defect has been confirmed, SIGNALBIP will proceed with the exchange or refund.
14-e: In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to SIGNALBIP as a whole and in its original packaging, by Colissimo Recommandé, to the following address:
SIGNALBIP
Returns Department
105 rue du Jardin Public
33000 BORDEAUX
To be accepted, all returns must be notified in advance to SIGNALBIP's Customer Service Department. Shipping costs are at SIGNALBIP's expense if the error or defect is proven, except in the case where the returned product does not correspond to the original declaration made by the consumer in the return form.
Article 15: Product warranty
In accordance with Article 4 of Decree no. 78-464 of March 24, 1978, the present provisions cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee against all consequences of hidden defects in the item sold. In the event of malfunction of your Flag Kit (“the Kit”), please contact SIGNALBIP's Customer Service Department on +33 9 77 82 33 85, to determine whether the Kit is actually defective. The defect must in no way be the result of misuse of the product or its modification by the consumer.
During the two (2) year warranty period, you may return your Kit, at your expense, to SIGNALBIP for repair or replacement if necessary. The Kit will be sent to you at our expense.
After the two (2) year warranty period, after a diagnosis by our after-sales service department at a charge of €10, we will send you an estimate for the repair of your Kit. If the cost of the repair is over €50, the diagnostic fee will be automatically deducted from the repair if it is carried out. Otherwise, SIGNALBIP will not be reimbursed.
Please note: The warranty does not cover batteries or small accessories (flag-holding tips, flag clips, plastic flagpoles).
Article 16 : Right of withdrawal
The consumer has a period of 14 working days to return, at his own expense, any products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. All returns must be notified in advance to SIGNALBIP's Customer Service Department, primarily by telephone on +33 9 77 82 33 85. The product must be returned by Colissimo Recommandé to :
SIGNALBIP
105 rue du Jardin Public
33000 BORDEAUX
Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be reimbursed or exchanged. This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or an exchange of the product. In the case of an exchange, the return will be at the consumer's expense. In the event of exercising the right of withdrawal, SIGNALBIP will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product requires technical verification (cf. products requiring prior testing). The consumer will then be reimbursed :
- by crediting their bank account (secure transaction) in the case of payment by credit card,
- by cheque in the case of payment by cheque,
- by bank transfer in the case of payment by bank transfer, or
- by sending the amount to your Paypal account in the event of payment via Paypal.
Article 17 : Rights of use
The right to use SIGNALBIP's software, as well as that distributed by SIGNALBIP, is granted to the customer on a non-exclusive, personal and non-transferable basis, in accordance with the French Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a reproduction right exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software. In any event, the author of the software retains ownership of his work, which the consumer undertakes to respect.
Article 18 : Force majeure
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten (10) working days of becoming aware of them. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three (3) months, the present terms and conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning; stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 19: Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 20 : 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 the present terms and conditions shall not be construed as a waiver of the obligation in question for the future.
Article 21 : Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
The present terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer should first contact SIGNALBIP for an amicable solution. Secondly, and in the event of recourse, the consumer may lodge a complaint.
Article 23 : Data protection
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company SIGNALBIP involved in the execution of this order. The consumer can write to the company SIGNALBIP whose coordinates appear in the page “contact” of the present website to oppose such a communication, or to exercise his rights of access, of correction with regard to information concerning him and appearing in the files of the company SIGNALBIP, under the conditions envisaged by the law of January 6, 1978.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, the website has been registered with the Commission Nationale de L'Informatique et des libertés(https://www.cnil.fr), registration no. 1664870.
Last update: August 10, 2018