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GENERAL TERMS AND CONDITIONS OF SALE PROTEUSHOP

 

 

Site name : PROTEUSHOP.COM

Last update of the General Terms and Conditions of Sale: 2 November 2020

The present general terms and conditions of sale are a version made for information purposes only, and that it does not replace the original which is the French version and does not change the law to which they refer.

 

 



 

SECTION 1 DEFINITIONS

In addition to the terms defined in other parts of these General Terms and Conditions of Sale (hereinafter "GTC"), the following definitions apply to all clauses, unless otherwise stated:

- "PROTEUSHOP": Registered trade name designating the Company SETHLANS SAS, a simplified joint stock company with a capital of 500 euros, registered with the Trade and Companies Register of CAHORS under number 818 902 330 00021, having its registered office at Z.A. Coupille Nord, 46320 LIVERNON, FRANCE,

- "User": means any person browsing the Site, but not exclusively,

- "Customer": means an individual or legal entity linked to PROTEUSHOP by a Contract relating to Products and/or Services provided for consideration. A customer natural person must be of age and/or legally capable,

- "Professional": means any natural or legal person, whether public or private, who is acting, including through another person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession,

- "Party(ies)": means individually or together PROTEUSHOP and the Customer,

- "Account": refers to the personal space made available to the User and/or Customer registered on PROTEUSHOP, enabling him, after identifying himself using his access codes, to access his personal information, his list of Orders and/or Offers as well as all the data attached to his Account, and to manage it. The Account is accessible via the address https://proteushop.com/en/my-account,

- "Products and/or Services": means any product and/or service made available to the User and/or Customer for a fee or free of charge by PROTEUSHOP,

- "Offer (or Quotation)": means the commercial proposal specifying the specific terms and conditions of PROTEUSHOP's Offer (or Quotation): the Products and/or Services subscribed to (with, where applicable, descriptive annexes of the Services (scope, exclusions, prerequisites, descriptions, etc.), the price, the duration of the contract, where applicable the delivery period and place of delivery, etc.) and the period of validity of the Offer (or Quotation),

- "Purchase order": dematerialised document that indicates the characteristics of the documents ordered by the customer. Acceptance of the purchase order has the effect of contractually binding the customer,

- "Order": refers to the act of the User and/or the Customer demonstrating his firm intention to acquire a Product or to subscribe to a Service offered by PROTEUSHOP for payment. The User placing an order becomes a Customer,

- "General Sales Conditions or C.G.V.". means the present document which governs the commercial relations between PROTEUSHOP and the Customer,

- "Site": refers to the website(s) owned by The Company and in particular https://proteushop.com,

- "Privacy Policy": means the document indicating the methods of collection and processing of Users' and/or Customers' personal data as well as the rights they have over such data. The Privacy Policy is accessible at https://proteushop.com/en/content/14-confidentiality.

 



 

SECTION 2 CONDITIONS APPLICABLE IN BUSINESS TO CONSUMER (B2C) OR SALE TO PRIVATE INDIVIDUALS

Article 1 Purpose

The present general conditions detail the rights and obligations of the company PROTEUSHOP and its customers within the framework of the sale of goods related to sports, and in particular technical scuba diving, and service (maintenance, repair, advice, training).

These conditions apply to all services provided via the PROTEUSHOP website for private customers.
Any order placed on the site implies the obligatory acceptance without reserve of these General Terms and Conditions of Sale and renunciation of any general terms and conditions of purchase of the Customer.

Article 2 Terms of use and online purchase terms and conditions

Article 2.1 Access to the site and the services provided

Any connection to the site is subject to compliance with these conditions.
For the user, simply accessing the Site at the following URL address https://proteushop.com and its international derivatives (.fr, .be, .es, . it...) implies acceptance of all the conditions described below.
The service is reserved for users:
- Having the competence to use this site,
- Having the full capacity to commit themselves,-
Being informed that their commitment does not require a handwritten or electronic signature.

PROTEUSHOP endeavours to allow access to the site 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of PROTEUSHOP, and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the site and services.
Consequently, PROTEUSHOP cannot guarantee the availability of the site and/or services, the reliability of transmissions and performance in terms of response time or quality. No technical assistance is provided to the user either by electronic or telephone means.
PROTEUSHOP cannot be held liable in the event of impossibility of access to this site and/or use of the services.
Furthermore, PROTEUSHOP may be required to interrupt the site or part of the services at any time without notice, without any right to compensation. The user acknowledges and accepts that PROTEUSHOP shall not be liable for any interruptions, and for the consequences that may result for the user or any third party.

Article 2.2 Responsibility of PROTEUSHOP and obligations of the user

Article 2.2.1 Responsibility of PROTEUSHOP

- The information and/or documents appearing on this site and/or accessible via this site come from sources considered to be reliable.
- However, this information and/or documents may contain technical inaccuracies, PROTEUSHOP reserves the right to correct them, without prior notice, as soon as these errors are brought to its attention.
- The use of the information and/or documents available on this site is made under the full and sole responsibility of the user, who assumes all the consequences that may result therefrom, without PROTEUSHOP being able to be sought in this respect, and without recourse against the latter.
- PROTEUSHOP may under no circumstances be held liable for any damage of any nature whatsoever resulting from the interpretation or use of the information and/or documents available on this site.
- PROTEUSHOP undertakes to give the best visibility on the availability of products, in particular on the stock in shop (see Article 2.6). However, if the distributor or producer does not inform PROTEUSHOP of an impossibility of supply within an estimated standard delivery time for the product(s) in question, then PROTEUSHOP cannot be held responsible for the abnormal extension of the delivery time, or even its impossibility. PROEUSHOP then undertakes to contact the customer to inform him/her of this and to propose different solutions (in general: wait, replace or refund the product(s)).

Article 2.2.2 Obligations of the user

The User must :

- To accept without restriction the general conditions of sale and use,
- To communicate exact, sincere and true information: the user is obliged to transmit exact and true information in particular on his civility, his name, his first name(s), his e-mail address, his telephone number, necessary for the good identification, in view of the delivery of the product(s), - To
respect the national and international law of intellectual property: The user undertakes not to submit, copy, resell, republish or, in general, make available in any form whatsoever any information or element, received from PROTEUSHOP or available on the proteushop site.com (and its international derivatives), to any other individual or legal entity, from any country. In general, the user undertakes to comply with the provisions below relating to intellectual property (cf. art.7 Intellectual property).

Article 2.3 Hyperlinks

The Site may contain hypertext links to other sites on the Internet. Links to these other resources will cause you to leave the proteushop.com site.
It is possible to create a link to the presentation page of this site without the express authorisation of PROTEUSHOP. No prior authorisation or request for information may be required by PROTEUSHOP with regard to a site that wishes to establish a link to the Site. However, this site must be displayed in a new browser window. However, PROTEUSHOP reserves the right to request the removal of a link that it considers to be inconsistent with the purpose of the Site.

Article 2.4 Force majeure

The responsibility of the company PROTEUSHOP will not be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Article 2.5 Modification, development and updating

PROTEUSHOP reserves the right to modify, at any time and without notice, these terms of use in order to adapt them to changes in the site and/or its operation.

Article 2.6 Presentation and availability of products

The characteristics of the products offered are available on the company's website under the heading "catalogue". However, the photographs do not enter into the contractual field, which excludes the responsibility of PROTEUSHOP if errors are introduced.

The products are offered for sale while stocks last (PROTEUSHOP or manufacturer). In the event of an order for a product that has become unavailable, the customer will be informed as soon as possible by e-mail or post.

Product availability is displayed in several states:

- Out of stock: the product is no longer available either in our shops or from suppliers/manufacturers, the delivery time is unknown, the order can be cancelled,
- Available: the product is available from the supplier and/or manufacturer, the processing time will be longer.
- In stock: the product is available in our shops, the product will be dispatched within two working days (see Article 4.2 - Dispatch).

Under certain conditions, PROTEUSHOP may be required to provide exceptional availability information on certain products, such as a shortage status recognised by the manufacturer and/or distributor. This information will then replace the above standard availabilities.

Article 2.7 Product prices

The prices of the products listed in the catalogue are in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs, and where appropriate travel costs of PROTEUSHOP staff.
If the user or customer enters his intra-community VAT number, or enters in the cases of exception for the application of VAT in France, or if he has indicated that he is outside the European Community, then the prices of the products will be displayed exclusive of tax, the price including all taxes will then be equal to the price excluding VAT (VAT 0%).

The total VAT and delivery costs appear on the order summary. If delivery is requested outside of French territory, the order may be subject to taxes and customs duties when it reaches its destination, these taxes and duties remaining the responsibility of the customer.
The company reserves the right to modify its prices at any time; however, the products ordered are invoiced at the price in force at the time the order is validated and may not be modified.

The prices indicated by PROTEUSHOP in its Offers (or Quotation) are subject to revision, in particular in the event of variations in the prices of its suppliers. In the event of an increase in the price excluding VAT equal to or greater than 10% compared to the price shown in the Offer (or Quotation), the Customer may cancel the Order, but only in its entirety, without compensation or damages for either party.

Article 2.8 VAT

Invoicing rules in application of the International Commercial Code :

Article 2.8.1 In France

In any case, VAT at the current rate is due.
The amount of VAT is notified on the invoice.
A company, depending on its status, can then recover this VAT.
There are exceptions to this rule, as certain vessels and certain activities such as seafarers, fishermen and assimilated (corailleurs) are entitled to direct exemption from VAT.
This tax exemption functionality is integrated on our site. All you need to do is make a request and provide us with the supporting documents in order to be able to place tax-free orders directly.

Article 2.8.2 Intra-European Community

- In Business To Business (B2B)
Invoicing can be done without VAT by declaring the intra-community VAT number of the client
 company (see the FAQs for compliance with the Intracommunity numbering standards).

- In Business To Client (B2C)
The VAT of the issuing country applies.

Article 2.8.3 Outside the European Community

VAT is not applied, the sale is then tax-free.
The Customer is responsible for paying import and local taxes (including VAT) on receipt of the parcel(s).
French non-residents must imperatively provide PROTEUSHOP with copies of an up-to-date passport, a copy of the card from the Register of French nationals established outside France and a copy of a local residence invoice (rent, electricity bill, etc.). 

All tax-free sales must go through the French customs services, so there is no VAT refund when passing through a customs office in another country in the European Economic Area.

Article 2.9 Customs duties or other local taxes or import duties or state taxes

In the event of an order to a country other than metropolitan France, the Customer is the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the PROTEUSHOP shop. They will be charged to the customer and are the customer's sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. The customer is advised to enquire about these aspects with his local authorities.

Article 2.10 Order

Once the product(s) have been chosen, the User clicks on the "order" link: the basket is displayed. This is a summary of the order, specifying the product(s) ordered, their price, the amount of VAT if applicable, the amount of the delivery, and the total amount of the invoice.
This enables the User to check his order and correct any errors.
The User then completes the customer file allowing him/her to know the invoicing and/or delivery
address, chooses the delivery method, ticks the acceptance of the present General Terms and Conditions of Sale, then chooses the payment method.
The order is recorded by clicking on the link "I confirm my order".
The User then becomes a Customer and receives an order confirmation e-mail summarising the order, with an identification number.
The order is archived by the company PROTEUSHOP under the legal conditions and time limits. The customer can access these data at any time by contacting customer service or by logging on his Customer Account.

Article 2.11 Retention of title clause

Under the terms of the Law of 12 May 1980, the products will remain the exclusive property of PROTEUSHOP until full payment has been made. PROTEUSHOP's right of resale will also apply, where applicable, to the price or part of the resale price of these goods, as well as to the insurance indemnity which would be subrogated to them. The distributor will take all necessary measures to duly inform its creditors in due time.

Article 3 Terms of payment

Article 3.1 Means of payment

Payment for the order is made by bank transfer or credit card (Carte Bleue, Visa, Mastercard). Cheques are not accepted.
Concerning payments by international transfer, the products will only be dispatched after a period of 20 working days to allow PROTEUSHOP to verify the effectiveness of the said transfer.
No banking information concerning the customer transits via the PROTEUSHOP site.

Article 3.2 Security

Our site is subject to a security system using SSL encryption to protect as effectively as possible all sensitive data related to means of payment.
When making a purchase, payment is made using the secure E-Transaction system of Crédit Agricole or PayPlug. Your bank details are encrypted and thus totally protected against any form of piracy.
Your credit card number is not visible or kept by PROTEUSHOP at any time. When you make your payment, the URL of the payment page must begin with "https" to indicate that you are in a secure connection.
Crédit Agricole and PayPlug are banking institutions approved by the ACPR (Autorité de Contrôle Prudentiel et de Résolution) of the Banque de France. A banking licence is conditional on compliance with strict requirements concerning security rules, internal governance and control systems, capital ratios, etc. Crédit Agricole is also a member of GIE des Cartes Bancaires.

In addition, the main objective of the latest version of the Payment Services Directive (known as DSP2) adopted on 24 July 2013 is to facilitate Internet payments between the merchant and the buyer's bank and to increase the security of online transactions. This new directive was implemented on 14 September 2019. Crédit Agricole and PayPlug are directly concerned by the strengthening of controls on transactions and the implementation of a new version of 3-D Secure (3-D Secure v2.0). Thus, each transaction carried out on the PROTEUSHOP site goes through a 3D-Secure type approval, which requires the authentication of the buyer: the payer is redirected to a window hosted by his bank in order to enter a 6-digit code that he has received by SMS, or validation by a mobile application, or a code obtained on a token, etc.

Article 4 Delivery

Article 4.1 Terms of delivery

The product(s) will be delivered to the address indicated on the order or at a relay point. PROTEUSHOP works in partnership with a selection of transport partners, allowing a selection of means of home delivery or relay point. The choice of partner and the choice of means is left to the buyer, depending on the place, the price and the time.

Article 4.2 Shipping

Once full payment has been received by PROTEUSHOP :

- The product(s) in stock within the company will be dispatched within two working days. Cases of absence (holidays, travel, incidents making the service impossible for more than 24 hours) making this impossible are disseminated by standard means: information on social networks, banner / pop-up on the site.

- Products which are not in stock at PROTEUSHOP will be requested from the supplier as soon as possible. On receipt, they will be sent to the customer within two working days, cases of absences making this impossible are disseminated by standard means: information on social networks, banner / pop-up on the site.

In order to save costs for the customer, the order is shipped in a single consignment, unless otherwise requested by the customer. A supplement may then be requested in the case of multiple dispatch.

Article 4.3 Delivery costs

Delivery costs are payable by the customer and are indicated along the order tunnel and in the order summary as soon as the customer enters the delivery address.
Click & Collect delivery indicates a collection from the shop, and the customer is responsible for collecting the products from PROTEUSHOP's physical shop in order to proceed with the collection of the goods.
Under no circumstances will PROTEUSHOP be able to make deliveries to customers, should the exceptional case occur, the totality of the responsibility for transport will then be the responsibility of the buyer.

Article 4.4 Receipt of the product

It is strongly recommended on receipt of the order to check the apparent condition of the product(s) in the presence of the deliveryman, and to state on the delivery note any defects found, then to confirm them in writing by registered letter with acknowledgement of receipt to PROTEUSHOP.

If the product is not distributed by a delivery man, it is advisable to report, from the day of receipt, by registered mail with acknowledgement of receipt to PROTEUSHOP, all the defects of conformity of the product.

Here are the conditions of reception of the parcels, we invite each of our customers to check the conformity of the products on reception, the verification of the conformity of the products on reception includes the following points:
- Except for delivery in a relay point or at the Post Office, or special indication (request for delivery by the buyer to a neighbour), the parcel must be delivered to you by the deliveryman,
- The general state of the material received,
- The state of the packaging,
- The number of parcels received.

In the event of damage or missing packages, it is essential to :
- Record the PRECISE RESERVATIONS on the carrier's discharge document,
- NO RECOURSE will be possible, even with our services, once the goods have been accepted,
- If you are absent at the time of delivery, a new representation will generate additional costs.

These preliminary steps are the responsibility of the buyer.
Consequently, any delivery that has not been the subject of precise and characterised reservations on the transport voucher will be considered as irrevocably ACCEPTED by the customer.
Please note that the mention "subject to unpacking" is not accepted.

Article 5 Right of withdrawal, product return and reimbursement

It is compulsory to make a return request (no automatic validation) for exchange or refund.

The customer must make a request for return via the interface set up on the PROTEUSHOP site (https://proteushop.com/en/order-history) on the order interface, notifying his intention to retract by means of an unambiguous declaration.

Article 5.1 Conditions of return

- In accordance with article L. 221-18 of the Consumer Code, the customer has a period of 14 days from the date of receipt of the product, without justification or payment of penalties on his part, for any order that does not fall within the scope of his commercial, industrial, craft or liberal activity, any complaint made outside this period will not be accepted, 
- No direct return to the shop is accepted without prior request, nor compliance with the process described below. Should the case arise, the product will be kept at the disposal of the buyer for a period of 365 days before destruction, under no circumstances can this failure to comply with procedure put the standard procedure in default, in particular with respect to deadlines,
- The customer must return the PROTEUSHOP product no later than 14 days following the communication of his decision to withdraw in accordance with Article L. 121-21-2. The customer shall bear the costs of returning the products. Any delay will lead to refusal of the return, 
- Products must be returned new, in their original packaging, with their accessories and documentation. Any product that has been used, degraded or has suffered damage making it unsuitable for sale will not be accepted. If the product is damaged, all costs of repairing the product will be borne by the buyer insofar as this is possible, 
- For reasons of hygiene, we do not take back clothing, underwear or intimate products (p-valve, penis case, She-P and any accessories),
- Personalised and/or custom-made products cannot be returned for exchange or refund, 
- Products whose use has not followed the instructions of the manufacturer, distributor and/or PROTEUSHOP cannot be returned,
- Altered products cannot be returned,
- It is obligatory to inform the reason for the return (change of opinion, defective item, non-compliant item, etc.), 
- Products returned must be in perfect condition for resale, folded in their original packaging with all accessories, instructions, manuals and labels intact,
- Products returned must be accompanied by the return form generated by PROTEUSHOP,
- Customs and VAT charges can under no circumstances be borne by PROTEUSHOP,
- As the products are deemed to be new and functional on dispatch, return charges are borne by the buyer except in the event of a product error. However, if the manufacturer approves a defect on a product that falls within the scope of the guarantee, the return costs will be refunded up to the value of the standard shipping costs for this same product,
- The refund will be made within 14 days of receipt of the product at the latest if the return is validated.

Article 5.2 Description of the steps

- Request for return by the buyer, 
- Approval or refusal by PROTEUSHOP, 
- Shipment of the product(s) by the buyer with the return form,
- Reception of the products by PROTEUSHOP,
- Validation or refusal of the return by PROTEUSHOP, 
- If refused, making the product available to the buyer,
- If approval, creation of a credit note or refund according to the buyer's wishes, 
- Allow up to 14 working days for the refund of your products, refunds are obligatorily made to the debit/credit card used to purchase the product(s).

Article 6 Legal and contractual guarantees and liability

Article 6.1 Legal guarantees

In accordance with the legal provisions in force relating to the conformity of the product to the order, with regard to hidden defects (art. 1641 and following of the civil code), the customer has the choice between exchange or repair in the event of a manufacturing defect or breakdown.

Article 6.2 Contractual guarantees

Depending on the product, the customer has a contractual guarantee from the manufacturer, described in the description sheet of the product concerned.
It is advisable to contact PROTEUSHOP in order to define the terms of implementation of the guarantee linked to the product in question.

Article 6.3 Liability

The responsibility of PROTEUSHOP cannot be engaged because of a fortuitous event, force majeure, the unforeseeable and insurmountable fact of a third party to the contract or because of the non-conformity of the product to a foreign legislation in case of delivery in a country other than France.

Under no circumstances can an injured diver or technician turn against PROTEUSHOP and/or its legal representatives.

Article 7 Intellectual property

The general structure of the site, as well as the texts, graphics, images, sounds and videos composing it, are and remain the exclusive intellectual property of the company PROTEUSHOP or its partners. Any representation and / or reproduction and / or partial or total exploitation of the content and services offered by the site, by any process whatsoever, without the prior written permission of PROTEUSHOP and / or its partners is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L 335-2 et seq. of the Intellectual Property Code.

Penalties : The user acknowledges and is aware that failure to comply with this prohibition constitutes an act of counterfeiting that is punishable both civilly and criminally, incurring the penalties provided for in articles L. 713-2 and following of the Intellectual Property Code.

Article 8 Personal data and cookies

The user is informed that personal data is only used within the framework of the service and is intended exclusively for PROTEUSHOP, which takes all useful precautions to preserve, as far as possible, the security of the data.

When the user visits the Site, PROTEUSHOP is likely to implant a cookie in the user's computer. A cookie is a small block of data sent to the browser by a web server and stored on the hard disk of the user's computer. The cookie does not allow PROTEUSHOP to identify the user personally. In general, it enables information relating to the navigation of the user's computer on the Website to be recorded (the pages consulted, the date and time of consultation, etc.) which PROTEUSHOP will be able to read on subsequent visits by the user. The user may of course oppose the registration of cookies by configuring their browser not to accept cookies. They can also delete cookies at any time and individually by referring to the user manual for their computer.

The company PROTEUSHOP undertakes to preserve the confidentiality of information provided by the buyer, which he would be led to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of the law n° 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. They may request this at any time by post to the following address: Customer Service, PROTEUSHOP, Z.A. Coupille Nord, 46320 LIVERNON, FRANCE.

Article 9 Applicable law and jurisdiction

Both this site and the terms and conditions of its use are governed by French law, regardless of the place of use. In the event of any dispute, and after the failure of any attempt to find an amicable solution, the French courts will have sole jurisdiction to hear this dispute.
The seller's registered office is the only competent court in the event of any disputes relating to this contract or the conduct of business, so any dispute falls within the exclusive jurisdiction of the Commercial Court of Cahors (46000) even in the event of multiple defendants or calls for guarantee.
For any question relating to these terms of use of the site, you can write to us at the following address: PROTEUSHOP, Z.A. Coupille Nord, 46320 Livernon, FRANCE.

Article 10 Rules for publication and modification of notices

Decree n° 2017-1436 of 29 September 2017 on information obligations relating to online consumer notices:

- Ranking of notices: All notices published on PROTEUSHOP are displayed in chronological order according to the date on which the notice was filed,
- Notice retention period: Notices published on the platform are not limited in time,
- Procedure for checking, publishing and refusing notices: Moderation of notices published on profiles is carried out by the administrators. Each member is free to publish or hide the notices concerning him/her,
- Modification of notices: The user can make a request for modification of his/her notice to the administrators via the contact form. The modification will be effective only with the agreement of the parties (the client, the administrators).

In the event of a report by a user, PROTEUSHOP ensures that the recommendation does not include defamatory terms, likely to be considered provocative or contrary to the laws in force.

Article 11 After-sales service

For any information, question or complaint, the customer may contact the PROTEUSHOP Customer Relations Department from Monday to Friday, from 9am to 6pm, at the following address: Z.A. Coupille Nord, 46320 Livernon, FRANCE and by using the contact form on our website with the following link: https://proteushop.com/en/contact-us.

Article 12 Legal notice

Company name: SAS SETHLANS
PResident: Grégory VERNOUX
Registration number: 818 902 330 00021 R.C.S. CAHORS
European VAT number: FR 30818902330
Head office address: Z.A. Coupille Nord, 46320 Livernon, FRANCE
Contact via our contact form: https://proteushop.com/en/contact-us

Host: OVH SAS with a capital of €10,000,000RCS
Lille Métropole 424 761 419 00045
Code APE 4764Z
VAT No.: FR 22 424 761 419
Head office: 2 rue Kellermann - 59100 Roubaix - France

This site has been declared to the Commission Nationale Informatique et Libertés (CNIL) under the number n°1789955 and complies with the provisions of law 78-17 of 6 January 1978 relating to information technology, files and freedoms.

In application of law 78-17 of 6 January 1978 relating to information technology, files and liberties, you have the right to oppose (art.26 of the law), access (art.34 to 38 of the law) and rectify (art.36 of the law) data concerning you.

 



 

SECTION 3 CONDITIONS APPLICABLE IN BUSINESS TO BUSINESS (B2B) OR SALE TO PROFESSIONAL

Article 1 Purpose

The present general terms and conditions detail the rights and obligations of PROTEUSHOP, the commercial name of the company SETHLANS SAS and its customers in the context of the sale of goods and services (maintenance, repair, advice, training).

These conditions apply to all the services carried out via the SETHLANS SAS (PROTEUSHOP / B2B.SETHLANS.EU) sites for professional customers.
Any order placed on the site necessarily implies the unreserved acceptance of these General Terms and Conditions of Sale and the renunciation of any general terms and conditions of purchase by the Customer.

Reminder: in the legal sense of the term, a "professional" is considered to be "any natural or legal person, whether public or private, who acts, including through the intermediary of another person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession.
For all professionals under the terms of Article L441-1 III of the French Commercial Code, the GTCS constitute the "single basis" for commercial negotiations between professionals.

Article 2 Terms of use and online purchase terms and conditions

Article 2.1 Access to the site and the services provided

Any connection to the site is subject to compliance with these conditions.
For the user, simple access to the SETHLANS SAS company sites (https://b2b.sethlans.eu; https://proteushop.com) and their international derivatives (.fr, .com, .be, .es, .it...) implies acceptance of all the conditions described below.
The service is reserved for users:
- Having the competence to use the present site,
- Having the full capacity to commit themselves,-
Being informed that their commitment does not require a handwritten or electronic signature.

PROTEUSHOP endeavours to allow access to the site 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of PROTEUSHOP, and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the site and services.
Consequently, PROTEUSHOP cannot guarantee the availability of the site and/or services, the reliability of transmissions and performance in terms of response time or quality. No technical assistance is provided to the user either by electronic or telephone means.
PROTEUSHOP cannot be held liable in the event of impossibility of access to this site and/or use of the services.
Furthermore, PROTEUSHOP may be required to interrupt the site or part of the services at any time without notice, without any right to compensation. The user acknowledges and accepts that PROTEUSHOP shall not be liable for any interruptions, and for the consequences that may result for the user or any third party.

Article 2.2 Responsibility of PROTEUSHOP and obligations of the user

Article 2.2.1 Responsibility of PROTEUSHOP

- The information and/or documents appearing on this site and/or accessible via this site come from sources considered to be reliable,
- However, this information and/or documents are likely to contain technical inaccuracies, PROTEUSHOP reserves the right to correct them, without prior notice, as soon as these errors are brought to its attention,
- The use of the information and/or documents available on this site is made under the full and sole responsibility of the user, who assumes all the consequences that may result from it, PROTEUSHOP cannot be
held responsible for any damage of any nature whatsoever resulting from the lack of training, misuse, misappropriation of use or lack of maintenance of the products supplied by PROTEUSHOP and SAS SETHLANS- PROTEUSHOP
cannot be held responsible for any damage of any nature whatsoever resulting from the interpretation or use of the information and/or documents available on this site.

Article 2.2.2 Obligations of the user

The User must :

- To accept without restriction the general conditions of sale and use,
- To communicate exact, sincere and true information: the user is obliged to transmit exact and true information in particular on his civility, his name, his first name(s), his e-mail address, his telephone number, necessary for the good identification, in view of the delivery of the product(s), - To
respect the national and international law of intellectual property: The user undertakes not to submit, copy, resell, republish or, in general, make available in any form whatsoever any information or element, received from PROTEUSHOP or available on the proteushop site.com (and its international derivatives), to any other individual or legal entity, from any country. In general, the user undertakes to comply with the provisions below relating to intellectual property (cf. art.7 Intellectual property).

Article 2.3 Hyperlinks

The Site may contain hypertext links to other sites on the Internet. Links to these other resources will cause you to leave the proteushop.com site.
It is possible to create a link to the presentation page of this site without the express authorisation of PROTEUSHOP. No prior authorisation or request for information may be required by PROTEUSHOP with regard to a site that wishes to establish a link to the Site. However, this site must be displayed in a new browser window. However, PROTEUSHOP reserves the right to request the removal of a link that it considers to be inconsistent with the purpose of the Site.

Article 2.4 Force majeure

The responsibility of the company PROTEUSHOP will not be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Article 2.5 Modification, development and updating

PROTEUSHOP reserves the right to modify, at any time and without notice, these terms of use in order to adapt them to changes in the site and/or its operation.

Article 2.6 Presentation and availability of products

The characteristics of the products offered are available on the company's website under the heading "catalogue". However, the photographs do not enter into the contractual field, which excludes the responsibility of PROTEUSHOP if errors are introduced.

The products are offered for sale while stocks last (PROTEUSHOP or manufacturer). In the event of an order for a product that has become unavailable, the customer will be informed as soon as possible by e-mail or post.

Product availability is displayed in several states

- Out of stock: the product is no longer available either in our shops or from suppliers/manufacturers, the delivery time is unknown, the order can be cancelled,
- Available: the product is available from the supplier and/or manufacturer, the processing time will be longer.
- In stock: the product is available in our shops, the product will be dispatched within two working days (see Article 4.2 - Dispatch).

Under certain conditions, PROTEUSHOP may be required to provide exceptional availability information on certain products, such as a shortage status recognised by the manufacturer and/or distributor. This information will then replace the above standard availabilities.

Article 2.7 Product prices

By default, the prices of the products listed in the catalogue are in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise specified and excluding processing and shipping costs, and where appropriate travel costs of PROTEUSHOP staff.
If the user or customer enters his intra-community VAT number, or enters in the cases of exception for the application of VAT in France, or if he has indicated that he is outside the European Community, then the prices of the products will be displayed exclusive of tax, the price including all taxes will then be equal to the price excluding VAT (VAT 0%).

The total VAT and delivery costs appear on the order summary. If delivery is requested outside of French territory, the order may be subject to taxes and customs duties when it reaches its destination, these taxes and duties remaining the responsibility of the customer.
The company reserves the right to modify its prices at any time; however, the products ordered are invoiced at the price in force at the time the order is validated and may not be modified.

The prices indicated by PROTEUSHOP in its Offers (or Quotation) are subject to revision, in particular in the event of variations in the prices of its suppliers. In the event of an increase in the price excluding VAT equal to or greater than 10% compared to the price shown in the Offer (or Quotation), the Customer may cancel the Order, but only in its entirety, without compensation or damages for either party.

Article 2.8 VAT

Invoicing rules in application of the International Commercial Code :

Article 2.8.1 In France

In any case, VAT at the current rate is due.
The amount of VAT is notified on the invoice.
A company, depending on its status, can then recover this VAT.
There are exceptions to this rule, as certain vessels and certain activities such as seafarers, fishermen and assimilated (corailleurs) are entitled to direct exemption from VAT.
This tax exemption functionality is integrated on our site. All you need to do is make a request and provide us with the supporting documents in order to be able to place tax-free orders directly.

Article 2.8.2 Intra-European Community

- In Business To Business (B2B)
Invoicing can be done without VAT by declaring the intra-community VAT number of the client company (see the FAQs for compliance with the Intracommunity numbering standards).

- In Business To Client (B2C)
The VAT of the issuing country applies.

Article 2.8.3 Outside the European Community

VAT is not applied, the sale is then tax-free.
Non-resident French people must imperatively send to PROTEUSHOP copies of an up-to-date passport, a copy of the map of the Register of French people established outside France and a copy of a local residence invoice (rent, electricity bill, etc.). 

All tax-free sales must go through the French customs services, so there is no VAT refund when passing through a customs office in another country in the European Economic Area.

Article 2.9 Customs duties or other local taxes or import duties or state taxes

In the event of an order to a country other than metropolitan France, the Customer is the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the PROTEUSHOP shop. They will be charged to the customer and are the customer's sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. The customer is advised to enquire about these aspects with his local authorities.

Article 2.10 Order

Once the product(s) have been chosen, the User clicks on the "order" link: the basket is displayed. This is a summary of the order, specifying the product(s) ordered, their price, the amount of VAT if applicable, the amount of the delivery, and the total amount of the invoice.
This enables the User to check his order and correct any errors.
The User then completes the customer file allowing him/her to know the invoicing and/or delivery address, chooses the delivery method, ticks the acceptance of the present General Terms and Conditions of Sale, then chooses the payment method.
The order is recorded by clicking on the link "I confirm my order".
The User then becomes a Customer and receives an order confirmation e-mail summarising the order, with an identification number.
The order is archived by the company PROTEUSHOP under the legal conditions and time limits. The customer can access these data at any time by contacting customer service or by logging on his Customer Account.

Article 2.11 Retention of title clause

Under the terms of the Law of 12 May 1980, the products will remain the exclusive property of PROTEUSHOP until full payment has been made. PROTEUSHOP's right of resale will also apply, where applicable, to the price or part of the resale price of these goods, as well as to the insurance indemnity which would be subrogated to them. The distributor will take all necessary measures to duly inform its creditors in due time.

Article 3 Payment

Article 3.1 Means of payment

Payment for the order is made by bank transfer or credit card (Carte Bleue, Visa, Mastercard). Cheques are not accepted.
Concerning payments by international transfer, the products will only be dispatched after a period of 20 working days to allow PROTEUSHOP to verify the effectiveness of the said transfer.
No banking information concerning the customer transits via the PROTEUSHOP site.

Article 3.2 Security

Our site is subject to a security system using SSL encryption to protect as effectively as possible all sensitive data related to means of payment.
When making a purchase, payment is made using the secure E-Transaction system of Crédit Agricole or PayPlug. Your bank details are encrypted and thus totally protected against any form of piracy.
Your credit card number is not visible or kept by PROTEUSHOP at any time. When you make your payment, the URL of the payment page must begin with "https" to indicate that you are in a secure connection.
Crédit Agricole and PayPlug are banking institutions approved by the ACPR (Autorité de Contrôle Prudentiel et de Résolution) of the Banque de France. A banking licence is conditional on compliance with strict requirements concerning security rules, internal governance and control systems, capital ratios, etc. Crédit Agricole is also a member of GIE des Cartes Bancaires.

In addition, the main objective of the latest version of the Payment Services Directives (known as DSP2) adopted on 24 July 2013 is to facilitate Internet payments between the merchant and the buyer's bank and to increase the security of online transactions. This new directive was implemented on 14 September 2019. Crédit Agricole and PayPlug are directly concerned by the strengthening of controls on transactions and the implementation of a new version of 3-D Secure (3-D Secure v2.0). Thus, each transaction carried out on the PROTEUSHOP site goes through a 3D-Secure type approval, which requires the authentication of the buyer: the payer is redirected to a window hosted by his bank in order to enter a 6-digit code that he has received by SMS, or validation by a mobile application, or a code obtained on a token, etc.

Article 3.3 Late payment

There are two cases:

- Any order for which payment is not made within 10 working days is cancelled.
In the event of repeated cancellations of orders, the professional may have his accounts closed with SAS SETHLANS and its websites PROTEUSHOP.COM and B2B.SETHLANS.EU.

- In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay the company PROTEUSHOP a late payment penalty equal to three times the legal interest rate. The rate of legal interest retained is that in force on the day of delivery of the goods.
From 1st January 2015, the legal interest rate will be revised every 6 months (Order n°2014-947 of 20th August 2014).
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior notice of default being required.

In addition to the late payment compensation, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed compensation of 40 euros due as recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.

Article 3.4 Resolutive clause

If within ten working days following the implementation of Article 3.3 "Late payment", the buyer has not paid the remaining sums due, the sale will be resolved automatically and may give rise to the right to the allocation of damages to the benefit of the company PROTEUSHOP.

Article 4 Delivery

Article 4.1 Terms of delivery

Deliveries are made EX WORKS (incoterm EXW): PROTEUSHOP makes its goods available at the door of its premises. The goods are handed over to the designated carrier and paid for by the buyer, this operation materialises the transfer of risk.
Transport, export formalities and costs, import formalities and costs, insurance, as well as all related
duties and taxes are the responsibility of the Customer who must pay them.

The carrier can be chosen on the b2b.sethlans.eu website by the customer, or use his own carrier, an appointment must then be made with PROTEUSHOP for the collection of the goods.
The insurance of the goods for transport is the choice of the professional customer, under no circumstances can SETHLANS be held responsible for damage to the goods during transport.

The premises of SETHLANS SAS is its warehouse, Z.A. Coupille Nord, 46320 LIVERNON, France.

Article 4.2 Shipping

Once full payment has been received by PROTEUSHOP :

- The product(s) in stock within the company will be dispatched within two working days, cases of absences making the service impossible for more than 24 hours are distributed to the customer by standard means: information on social networks, banner / pop-up on the site. 
- Products which are not in stock at PROTEUSHOP will be requested from the supplier as soon as possible. On receipt, they will be sent to the customer within two working days, cases of absences making this impossible are disseminated by standard means: information on social networks, banner / pop-up on the site.

In order to save costs for the customer, the order is shipped in a single consignment, unless otherwise requested by the customer. A supplement may then be requested in the case of multiple dispatch.

Article 4.3 Delivery costs

Delivery costs are payable by the customer and are indicated along the order tunnel and in the order summary as soon as the customer enters the delivery address.
Click & Collect / Ex Works delivery indicates a collection from the shop, and the customer is responsible for collecting the products from the PROTEUSHOP physical shop to proceed with the collection of his goods.
Under no circumstances will PROTEUSHOP be able to make deliveries to customers, should the exceptional case occur, the totality of the responsibility for transport will then be the responsibility of the buyer.

Article 4.4 Receipt of the product

Delivery is under the full responsibility of the purchaser. Consequently, the purchaser must check the apparent condition of the product(s) in the presence of the deliveryman, and report any defects noted on the delivery note, then confirm them in writing by registered letter to the carrier appointed by the purchaser, whether the transport has been organised by the purchaser or by SETHLANS at the purchaser's request.

It is strongly recommended on receipt of the order to check the apparent condition of the product(s) in the presence of the deliveryman, and to state on the delivery note any defects noted, then to inform PROTEUSHOP.

If the product is not distributed by a delivery person, it is advisable to report, from the day of receipt, by registered mail to the carrier and to the carrier's insurance of all the defects of conformity of the product.

We invite each of our customers to check the conformity of the products on receipt:
- Except for delivery to a relay point or to the Post Office, or special indication (request for delivery by the buyer to a neighbour), the package must be delivered to you by the delivery man-
The general condition of the equipment received-
The condition of the packaging- The
number of packages received

In the event of damage or missing packages, it is essential to : - Indicate the
PRECISE RESERVATIONS on the carrier's discharge document
- NO REMEDY will be possible once the goods have been accepted -
If you are absent at the time of delivery, a new representation will generate additional costs -
Note that the mention "subject to unpacking" is not accepted.

As the delivery is under the complete responsibility of the customer, any delivery that has not been the subject of precise reservations and characterised on the transport voucher will be considered to be irrevocably ACCEPTED by the customer.

Article 5 Right of withdrawal, product return and reimbursement

No right of withdrawal is granted in B2B sales.

Article 6 Legal and contractual guarantees and liability

Article 6-1 Legal guarantees

In accordance with the legal provisions in force relating to the conformity of the product to the order, with regard to hidden defects (art. 1641 and following of the civil code), the customer has the choice between exchange or repair in the event of a manufacturing defect or breakdown.

Article 6-2 Contractual guarantees

Depending on the product, the customer has a contractual guarantee from the manufacturer.
It is advisable to contact PROTEUSHOP in order to define the terms and conditions for implementing the guarantee.

Article 6-3 Shipping costs and taxes within the framework of a guarantee or repair

In B2B sales, the customer bears all shipping costs and various taxes. In the case of a return from outside the EEC zone, PROTEUSHOP does not cover the costs and taxes of customs duties and temporary importation free of VAT.

Article 6-4 Liability

The responsibility of PROTEUSHOP cannot be engaged because of a fortuitous event, force majeure, the unforeseeable and insurmountable fact of a third party to the contract or because of the non-conformity of the product to a foreign legislation in case of delivery in a country other than France.

Under no circumstances can a customer or technician who has been involved in an accident turn against PROTEUSHOP and/or its legal representatives.

Article 7 Intellectual property

The general structure of the site, as well as the texts, graphics, images, sounds and videos composing it, are and remain the exclusive intellectual property of the company PROTEUSHOP or its partners. Any representation and / or reproduction and / or partial or total exploitation of the content and services offered by the site, by any process whatsoever, without the prior written permission of PROTEUSHOP and / or its partners is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L 335-2 et seq. of the Intellectual Property Code.

Penalties : The user acknowledges and is aware that failure to comply with this prohibition constitutes an act of counterfeiting punishable both civilly and criminally, incurring the penalties provided for in Articles L. 713-2 and following of the Intellectual Property Code.

Article 8 Personal data and cookies

The user is informed that personal data is only used within the framework of the service and is intended exclusively for PROTEUSHOP, which takes all useful precautions to preserve, as far as possible, the security of the data.

When the user visits the Site, PROTEUSHOP is likely to implant a cookie in the user's computer. A cookie is a small block of data sent to the browser by a web server and stored on the hard disk of the user's computer. The cookie does not allow PROTEUSHOP to identify the user personally. In general, it enables information relating to the navigation of the user's computer on the Website to be recorded (the pages consulted, the date and time of consultation, etc.) which PROTEUSHOP will be able to read on subsequent visits by the user. The user may of course oppose the registration of cookies by configuring their browser not to accept cookies. They can also delete cookies at any time and individually by referring to the user manual for their computer.

The company PROTEUSHOP undertakes to preserve the confidentiality of information provided by the buyer, which he would be led to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of the law n° 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. They may request this at any time by post to the following address: Customer Service, PROTEUSHOP, Z.A. Coupille Nord, 46320 LIVERNON, FRANCE.

Article 9 Applicable law and jurisdiction

Both this site and the terms and conditions of its use are governed by French law, regardless of the place of use. In the event of any dispute, and after the failure of any attempt to find an amicable solution, the French courts will have sole jurisdiction to hear this dispute.
The seller's registered office is the only competent court in the event of any disputes relating to this contract or the conduct of business, so any dispute falls within the exclusive jurisdiction of the Commercial Court of Cahors (46000) even in the event of multiple defendants or calls for guarantee.
For any question relating to these terms of use of the site, you can write to us at the following address: PROTEUSHOP, Z.A. Coupille Nord, 46320 Livernon, FRANCE

Article 10 Rules for publication and modification of notices

Decree n° 2017-1436 of 29 September 2017 on information obligations relating to online consumer notices:

Ranking of notices: All notices published on PROTEUSHOP are displayed in chronological order according to the date of filing of the notice.
Notice retention period: Notices published on the platform are not limited in time.
Procedure for checking, publishing and refusing notices: The notices published on profiles are moderated by the administrators. Each member is free to publish or hide notices concerning him/her.
Modification of notices: Users can request the modification of their notices to the administrators via the contact form. The modification will be effective only with the agreement of the parties (the client, the administrators).

In the event of a report by a user, PROTEUSHOP ensures that the recommendation does not include defamatory terms, likely to be considered provocative or contrary to the laws in force.

Article 11 After-sales service

For any information, question or complaint, the customer may contact the PROTEUSHOP Customer Relations Department from Monday to Friday, from 9am to 6pm, at the following address: Z.A. Coupille Nord, 46320 Livernon, FRANCE and by using the contact form on our website with the following link: https://proteushop.com/en/contact-us.

Article 12 Legal notice

Company name: SAS SETHLANS
PResident: Grégory VERNOUX
Registration number: 818 902 330 00021 R.C.S. CAHORS
European VAT number: FR 30818902330
Head office address: Z.A. Coupille Nord, 46320 Livernon, FRANCE
Contact via our contact form: https://proteushop.com/en/contact-us

Host: OVH SAS with a capital of €10,000,000RCS
Lille Métropole 424 761 419 00045
Code APE 4764Z
VAT No.: FR 22 424 761 419
Head office: 2 rue Kellermann - 59100 Roubaix - France

This site has been declared to the Commission Nationale Informatique et Libertés (CNIL) under the number n°1789955 and complies with the provisions of law 78-17 of 6 January 1978 relating to information technology, files and freedoms.

In application of law 78-17 of 6 January 1978 relating to information technology, files and liberties, you have the right to oppose (art.26 of the law), access (art.34 to 38 of the law) and rectify (art.36 of the law) data concerning you.