Effective as of 05/13/2024
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale (referred to as “T&Cs”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“The Clients or the Client”), wishing to purchase the products offered for sale (“The Products”) by the Seller on the website addictivbaits.com. The Products offered for sale on the website are as follows:
- Carp fishing baits
- Fresh products
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website addictivbaits.com, which the Client is required to review before placing an order. The choice and purchase of a Product are the sole responsibility of the Client.
Product offers are subject to availability as specified at the time of order placement.
These T&Cs are accessible at all times on the website addictivbaits.com and shall prevail over any other document.
The Client declares that they have read and accepted these T&Cs by checking the appropriate box before proceeding with the online order process on the website addictivbaits.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The Seller’s contact details are as follows:
Carlisle Benjamin
1 ZA du Val Bodron, 56490 Ménéac
Registration Number: 912776390
Email: contact@addictivbaits.com
Phone: 0658642656
VAT Number: FR73912776390
ARTICLE 2 – PRICES
The Products are provided at the current prices listed on the website addictivbaits.com at the time the order is recorded by the Seller.
Prices are expressed in Euros, both excluding and including VAT.
Prices take into account any discounts granted by the Seller on the website addictivbaits.com.
These prices are fixed and non-revisable during their validity period; however, the Seller reserves the right to modify prices at any time outside this validity period.
Prices do not include processing, shipping, transportation, and delivery fees, which are billed separately under the conditions indicated on the website and calculated prior to order placement.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and provided to the Client upon delivery of the ordered Products.
ARTICLE 3 – ORDERS
It is the Client’s responsibility to select the Products they wish to order on the website addictivbaits.com, according to the following procedure: _______________.
Product offers remain valid as long as they are visible on the website, subject to available stock.
The sale will only be considered valid after full payment of the price. The Client is responsible for verifying the accuracy of the order and reporting any errors immediately.
Any order placed on the website addictivbaits.com constitutes a contract concluded remotely between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can track the status of their order on the website.
Any cancellation of the order by the Client after its acceptance by the Seller will only be possible within a maximum of 3 days after the Seller’s acceptance and provided that the delivery has not yet occurred (independently of any legal right of withdrawal).
ARTICLE 4 – PAYMENT TERMS
The price is paid via secure payment, using one of the following methods:
- Credit card payment
- Check payment
- Bank transfer to the Seller’s bank account (details provided to the Client at the time of order placement)
The price is payable in full at the time of order placement by the Client.
Payment data is encrypted using the security protocol defined by the authorized payment service provider handling transactions on the website addictivbaits.com.
In the case of payment by check, it must be issued by a bank domiciled in mainland France or Monaco.
The check is cashed upon receipt.
Payments made by the Client will only be considered final once the Seller has received the full amount due.
The Seller is not obligated to deliver the Products ordered if the Client has not paid the full price as outlined above.
ARTICLE 5 – DELIVERY
The Products ordered by the Client will be delivered within mainland France.
Deliveries are carried out within 3-4 weeks to the address specified by the Client when placing the order.
Delivery is considered complete when physical possession or control of the Product is transferred to the Client.
Unless otherwise indicated or in the event of unavailability of one or more Products, all ordered Products will be delivered in a single shipment.
The Seller will make its best efforts to deliver the Products within the indicated timeframes.
If the ordered Products have not been delivered within 2 weeks after the estimated delivery date, for reasons other than force majeure or Client fault, the sale may be canceled upon written request by the Client, in accordance with Articles L 216-2, L 216-3, and L 241-4 of the French Consumer Code.
In such a case, the amounts paid by the Client will be refunded within fourteen (14) days following the termination of the contract, excluding any compensation or deductions.
Deliveries are carried out by an independent carrier to the address specified by the Client at the time of order placement. The carrier must have easy access to this address.
When the Client chooses their own carrier, delivery is considered completed once the Seller hands over the Products to the carrier, who accepts them without reservations.
In this case, the Client acknowledges that the carrier is responsible for delivery and has no recourse against the Seller in the event of a delivery failure.
The Seller also offers free in-store pickup at one of the following locations: _______________.
If the Client has any special requests regarding packaging or transport conditions, which the Seller has accepted in writing, any associated costs will be invoiced separately and require prior written approval from the Client.
The Client is responsible for inspecting the delivered Products. They have 3 days from the delivery date to submit claims via email, accompanied by relevant proof (photos, etc.).
Failure to adhere to these formalities within this timeframe means the Products will be considered conforming and free of any apparent defects, and no claim will be validly accepted by the Seller.
If a Product is found to be defective, the Seller will replace or refund it at no additional cost, following the terms outlined in Articles L 217-4 and subsequent articles of the French Consumer Code and in these T&Cs.
The risk of loss or damage is transferred only when the Client physically takes possession of the Products. The Products travel at the Seller’s risk unless the Client chooses their own carrier, in which case the risk is transferred upon handover to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Client only takes effect after full payment of the price, regardless of the delivery date.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Due to the nature of the Products sold, the Client does not have a right of withdrawal.
The contract is therefore definitively concluded upon order placement by the Client, in accordance with these T&Cs.
ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES
The Products supplied by the Seller are covered by:
- The legal warranty of conformity, applicable to defective, damaged, or non-compliant Products that do not match the order.
- The legal warranty against hidden defects, covering any material, design, or manufacturing defects that render the delivered Products unfit for use.
Provisions Related to Legal Warranties
Article L217-4 of the French Consumer Code
“The seller is required to deliver goods that conform to the contract and is responsible for any conformity defects existing at the time of delivery. The seller is also responsible for any defects arising from the packaging, assembly instructions, or installation if such was included in the contract or carried out under their responsibility.”
Article L217-5 of the French Consumer Code
“The goods conform to the contract if:
1° They are suitable for the usual purpose expected of similar goods, and, where applicable:
- They match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model.
- They have the qualities that a buyer can reasonably expect, given public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling.
2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special purpose sought by the buyer, made known to the seller, and accepted by the latter.”
Article L217-12 of the French Consumer Code
“The legal action for non-conformity must be taken within two years from the date of delivery.”
Article 1641 of the French Civil Code
“The seller is liable for hidden defects in the item sold that render it unfit for its intended use or that significantly diminish its usability to the extent that the buyer would not have purchased it or would have paid a lower price had they been aware of the defects.”
Article 1648, paragraph 1 of the French Civil Code
“A claim for hidden defects must be filed by the buyer within two years of discovering the defect.”
Article L217-16 of the French Consumer Code
“If the buyer requests a repair from the seller under the commercial warranty granted at the time of purchase or repair of a movable item, any period of downtime of at least seven days will be added to the remaining warranty period. This period starts when the buyer requests intervention or when the item is made available for repair, whichever occurs later.”
To enforce their rights, the Client must inform the Seller in writing (via email or postal mail) of any Product non-conformity or hidden defects upon discovery.
The Seller will refund, replace, or repair Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate, and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements, or repairs of non-compliant or defective Products will be processed as soon as possible, within a maximum of 7 days following the Seller’s acknowledgment of the defect. Refunds may be issued via bank transfer or check.
The Seller cannot be held liable in the following cases:
- Failure to comply with the laws of the country where the Products are delivered, which the Client is responsible for verifying.
- Misuse, professional use, negligence, or lack of maintenance by the Client, as well as normal wear and tear, accidents, or force majeure.
- The photos and graphics presented on the website are not contractual and do not engage the Seller’s liability.
The Seller’s warranty is strictly limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 – PERSONAL DATA
The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and their transmission to third parties for delivery purposes. This data is collected exclusively for the execution of the sales contract.
9.1 Collection of Personal Data
The personal data collected on the website addictivbaits.com includes:
• For Product Orders: Name, surname, postal address, phone number, and email address.
• For Payment Processing: Financial data related to the Client’s bank account or credit card.
9.2 Recipients of Personal Data
Personal data is used exclusively by the Seller and its employees.
9.3 Data Controller
The data controller is the Seller, in accordance with the French Data Protection Act and, as of May 25, 2018, the General Data Protection Regulation (GDPR) (Regulation 2016/679).
9.4 Data Processing Limitations
Unless the Client gives explicit consent, their personal data will not be used for advertising or marketing purposes.
9.5 Data Retention Period
The Seller retains the collected data for five (5) years, covering the duration of applicable contractual liability.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical security measures to protect personal data from alteration, destruction, or unauthorized access. However, the Seller acknowledges that the Internet is not a completely secure environment and cannot guarantee the absolute security of transmitted or stored information.
9.7 Client Rights and Data Management
In accordance with applicable data protection regulations, Clients of addictivbaits.com have the following rights:
- They can update or delete their data using the following method: _______________.
- They can delete their account by sending an email to the address listed in section 9.3 “Data Controller”.
- They can exercise their right to access their personal data by requesting it from the Seller.
- If their data is incorrect, they can request an update.
- They can request the deletion of their personal data, subject to applicable data protection laws.
- They can request the portability of their data to another service provider.
- They can object to the processing of their data by the Seller.
These rights can be exercised by written request (email or postal mail) to the Data Controller at the contact details provided above.
The Seller must respond within one (1) month. If a request is denied, the Client must be informed of the reason. If dissatisfied, the Client may lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or take legal action.
The Client may be invited to opt-in to receive marketing emails from the Seller. They may withdraw consent at any time by contacting the Seller or clicking the unsubscribe link.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the website www.addictivbaits.com is the exclusive property of the Seller and its partners, and is protected under French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of copyright infringement.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These T&Cs and any resulting transactions are governed by French law.
The T&Cs are written in French. If translated into another language, only the French version shall prevail in the event of a dispute.
ARTICLE 12 – DISPUTES
For any complaints, please contact customer service at the Seller’s postal address or email listed in ARTICLE 1 of these T&Cs.
The Client is informed that they may resort to conventional mediation, industry mediation bodies, or any alternative dispute resolution method (such as conciliation) in case of disagreement.
The designated mediator is: _______________
Email: _______________
The Client is also informed that they may access the Online Dispute Resolution (ODR) platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
Any disputes arising from sales transactions under these T&Cs that are not settled amicably shall be submitted to the competent courts under common law jurisdiction.