ARTICLE 1: THE PRODUCTS

In accordance with articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of the products offered for sale on the Site are available on it.

The products are offered within the limit of availability displayed on the Site.

ARTICLE 2: ORDERING ON THE SITE

The creation of a personal account is a prerequisite for any order placed by the Customer on the Site. 


In this context, the Client will need to provide their first name, last name, email address, and password. The client may also optionally provide their date of birth. These pieces of information are personal data processed in accordance with Sud Express' Privacy Policy.

Registration for the personal account also involves providing login credentials (email address and password chosen by the Client). The Client acknowledges that their login credentials and password are strictly personal and confidential. Consequently, they undertake not to communicate or share them with third parties.

In case of suspicion of fraudulent use of their login credentials, the Client must immediately inform Sud Express by email at the following address: bonjour@sudexpress.com . In any case, the online provision of the credit card number or other banking information and the validation of the order and its payment shall constitute evidence of the completeness of said order, in accordance with the provisions of law n°2000-230 of March 13, 2000, adapting the law of evidence to information technology and concerning electronic signatures, and shall render the amounts committed by the order due for payment.

The Client agrees to provide accurate information. The provision of false information resulting in Sud Express's inability to fulfill its obligations, including but not limited to delivering orders, shall not engage its liability in this regard.

To place an order on the Sud Express website, the Client will be guided through the following steps :
- Selection of products on the Site in the "Shopping Cart"; - Summary of products ordered, delivery costs and price; - Identification of the customer or creation of an account as described above; - Choice, where available, of delivery method for the products displayed: - Choice of collection point, where applicable, or indication of the delivery address in the case of home delivery. - Presentation of the order summary, allowing the order to be modified and indicating its total price. - Choice of payment method,
- Unreserved acceptance of the General Terms and Conditions of Sale by ticking the box " I have read and accept the General Terms and Conditions of Sale ". Ticking this box will be deemed to have the same value as a handwritten signature by the Customer;

- Sending an order validation email to the Customer confirming that the order has been registered after payment has been accepted:

• The price of the products

• The quantity to be delivered;

• The date of the order;

• Delivery costs, if applicable;

• The payment method chosen by the Customer;

All Orders imply an obligation to pay.

In the event that the Customer does not receive an email following his/her Order, it is the Customer's responsibility to contact Sud Express customer service in accordance with the procedures described in article 16 of the GTCS.

Sud Express may under no circumstances be held liable in the event of a data entry error or transmission of a data entry error attributable to the Customer and preventing the delivery of the confirmation email and/or the Order.

ARTICLE 5: PAYMENT

5.1 PAYMENT TERMS

Regardless of the chosen payment method among those accepted on our site, orders will only be considered registered after validation or receipt of payment.

Therefore, as long as the payment is not validated by the consumer's chosen intermediary, the order cannot be prepared by Sud Express services.

5.1.1 CASH PAYMENT BY BANK CARD

The products are payable in full on the day of the effective order. Payment for purchases is made as follows :

- By the following credit cards: Carte Bleue, VISA, MASTERCARD


The Customer accesses the 3D Secure payment system provided by the bank, which ensures the security and registration of the payment order. The Customer confirms that they are the holder of the debit card and that the name on the debit card is indeed theirs. The Customer provides the sixteen digits and expiration date of their debit card, as well as, if applicable, the CVV numbers. For payment finalization, obtaining a security code is necessary. The customer receives it: by Email, by phone, or SMS, so they must ensure that their contact details are correctly provided to their bank. In this regard, the Customer expressly acknowledges that the communication of their debit card number to Sud Express constitutes authorization to debit their account for the amount of the products ordered and all taxes included.

Sud Express implements all means to ensure the confidentiality and security of data transmitted on the Site.

Online payment by credit card is perfectly secure and allows you to confidently enter the card number, expiration date, and security code in the designated areas. Indeed, credit card details are encrypted using SSL (Secure Socket Layer) protocol and never transmitted in clear text over the network. Payment is made directly to the bank. Sud Express does not have access to this information and cannot store it on its servers. That is why they are requested again for each new transaction on our site.

5.1.2 CASH PAYMENT BY PAYPAL

Payments by Paypal are accepted on the Sud Express Site and are made through the intermediary of the partner in question and in accordance with its own general terms and conditions of sale and use of its services.

The choice of this payment implies tacit acceptance of the PAYPAL partner's general terms and conditions of sale and use.

We invite our customers to refer to them, as Sud Express cannot be held responsible for the conditions set by these independent partners.

Paypal terms and conditions of sale and use

ARTICLE 6: DELIVERY

Each delivery is deemed to have been made as soon as the package has been made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.

6.1 ORDER PREPARATION TIMES

Sud Express reserves the right to subcontract all or part of the preparation and dispatch of the order to a third party mandated to carry out this service.

Once your order has been prepared (preparation time 48h to 72h), delivery times vary according to the delivery method selected when validating your order.

Products are delivered to the delivery address indicated by the Customer at the time of the Order at the latest by the end of the period indicated at the time of the Order, depending on the country of delivery.

(As all products sold by Sud Express are deemed to be available in stock, orders are prepared from the first working day following registration of the order within the meaning of these TCS. Therefore, orders placed on a Saturday, Sunday or public holiday will be processed on the next working day).

All lead times mentioned on the Sud Express website are understood to be clear lead times.

The product ordered is delivered to the address shown on the order form and recorded as the "delivery" address.

6.2 DELIVERY TIMES FOR ORDERS

The delivery times cannot exceed 30 working days following the conclusion of the contract in accordance with Article L216-1 of the Consumer Code.

Sud Express cannot be held responsible for delays in delivery in the event of force majeure, as defined by law and jurisprudence. Delivery times do not take into account any payment verification procedures by the Customer that may delay the shipment of their order ( see provisions of Article 4.2 ), which in any case cannot exceed 30 working days following the conclusion of the contract.

The announced deadlines start from the conclusion of the contract. The expected delivery date is indicated during the order process and on each of our product pages. In the event of absence, the Customer will be responsible for collecting the product from the relevant services.

Any delay in delivery beyond the specified date indicated during the order process and not due to a force majeure event may result in the resolution of the sale at the Customer's initiative. This can be done by the Customer sending a registered letter with acknowledgment of receipt to Sud Express, if after having urged Sud Express to make the delivery within a reasonable additional period, Sud Express has not complied.

In accordance with Article L216-2 of the Consumer Code, the contract will be considered resolved upon receipt by Sud Express of the letter from the Customer informing them of their decision to resolve the contract, and only if the delivery has not occurred in the meantime. In case of resolution, Sud Express will refund the Customer the sums paid as soon as possible, and no later than 14 days from the receipt of the registered letter with acknowledgment of receipt.

• 6.5 SPECIAL TERMS OF DELIVERY
  
  The Customer will have the freedom to choose between pickup at a pickup point or home delivery via Colissimo.

  Following the validation of these transport modalities and before the payment of the order, the Site will display a summary of the order by transport mode, to which the products in question are eligible and according to the option chosen by the Customer when it was offered. The cost of the affected or chosen transport methods will then be displayed before payment of the order.

  Once the order has been duly prepared and is ready for shipment, the Customer will receive an email regarding the dispatch of each part of their order by the agreed transport mode.
  
  ⇒ D elivery to a Relay Point:
  
  
  Sud Express provides the Customer who has chosen the "Pickup Point" option with the names and addresses of professionals offering these services closest to the chosen delivery location. On this occasion, the Customer can consult the opening hours and days of the selected Pickup Point.

• Upon receipt of the order at the Pickup Point, the Customer has 14 calendar days to collect their parcels. In the event of failure to collect, the order will be returned to Sud Express. Sud Express will consider that the Customer has exercised their right of return and will proceed with the refund under the conditions provided for the exercise of the right of withdrawal (see Article 7-1 of these TCS).

  The Customer will be informed by email of the cancellation of this Order.
  
  ⇒ Delivery by Colissimo :
  
  Delivery by Colissimo is a service offered by La Poste française and is subject to its own General Terms of Use. In case of absence and inability to leave the package with a caretaker, the Customer will receive a delivery notice. They will then have a period of 14 calendar days to collect their package from the post office indicated on the notice. In the event of failure to collect, the order will be returned to us. We will consider that the Customer has exercised their right of return and will proceed with the refund under the conditions provided for the exercise of the right of withdrawal (see Article 7-1 of these TCG). You will be notified by email of the cancellation of this Order.

• 6.6 DELIVERY CHARGES
  
  The billing for transportation follows a calculation rule that takes into account both the destination and the weight of the package.

  The prices indicated are all in euros (€), inclusive of all taxes and charges, including the applicable VAT rate on the day of delivery.

  The amount of the fees is automatically calculated upon adding a product to the cart based on delivery to mainland France. The Customer can freely view the billing and the associated carrier for their products.

  The final calculation of shipping costs for other destinations is done once the postal code is entered for the delivery address and before the Customer validates their order.

  Specific offers for free shipping are valid only for shipments to mainland France, unless expressly stated otherwise.

ARTICLE 8: AFTER-SALES SERVICE

Apart from the commercial or legal guarantee defined in article 9, the Customer always has the possibility of contacting Customer Services to answer questions relating to the use of a product, its maintenance procedures or the ordering of a part that has become defective. The Customer may contact Sud Express by email by filling in the contact form on the Site's contact page or by telephone on 01 42 33 94 94 (local call) from Monday to Friday between 10am and 1pm and between 2pm and 5pm.

ARTICLE 9: GUARANTEES

The provisions of these General Terms and Conditions do not affect the legal guarantees, particularly the legal guarantee of conformity and the guarantee against hidden defects as provided for in Articles 1641 and following of the Civil Code.

9.1 Legal guarantee of conformity

The products offered are subject to the legal guarantee of conformity set out in Articles L 217-4 et seq. of the French Consumer Code :

" The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility."


The action resulting from non-conformity is subject to a limitation period of two years from the delivery of the product.

In accordance with Article L217-7 of the Consumer Code, defects of conformity that appear within a period of twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

9.2 Guarantee against hidden defects

The products offered on the Site are subject to the guarantee against hidden defects as stated in Article 1641 of the Civil Code, which provides that " The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them ."

The action resulting from hidden defects must be brought within a period of two years from the discovery of the defect.

The Customer may choose to enforce the guarantee against hidden defects of the item sold by choosing between the resolution of the sale or a reduction of the sale price in accordance with the provisions of Article 1644 of the Civil Code.

ARTICLE 12: COMPLETENESS

In the event that one of the clauses of this contract is declared null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with all the other provisions of these General Terms and Conditions of Sale.

ARTICLE 13: PROOF

The computerised registers, kept in the computer systems of Sud Express and its partners under reasonable security conditions, will be considered as proof of the communications, orders and payments that have taken place between the Parties.

ARTICLE 14: TRANSACTION STORAGE AND ARCHIVING

The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.

ARTICLE 15: DISPUTES
These terms and conditions are subject to French law.

In the event of a dispute, the customer is invited to contact Sud Express Customer Service. Together, they will try to resolve the dispute amicably.

In accordance with the provisions of the Consumer Code, in the event of a dispute arising from the execution of these general TCS, the Customer may, before any legal action, resort to a conventional mediation procedure or any other alternative dispute resolution method for an amicable settlement.

The mediator designated by SUD EXPRESS is the company CM2C (Center for Mediation of Consumer Conciliators of Justice ( cm2c.net ); CM2C - 14 rue Saint Jean - 75017 PARIS).

It is expressly reminded that requests for amicable settlement do not suspend the deadlines for legal actions.