General terms and conditions of subtel GmbH

1) Scope of Application

1.1 These General Terms and Conditions of Sale (GTC) apply to all contracts concluded between a consumer or a professional and subtel GmbH, Mainzer Str. 3, 10247 Berlin, Germany, Email: info@subtel.fr (hereinafter referred to as the "seller") and relating to the products and/or services presented by the seller in its online store. These GTC override any conditions imposed by the customer, unless otherwise agreed.

1.2 For the purposes of these GTC, a "consumer" is any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession. The term "professional" used in these GTC refers to any natural or legal person who is acting, including through another person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft, or profession.

In these GTC, the term "customer" refers to both a consumer and a professional.

1.3 These GTC also apply to contracts for the delivery of goods containing digital elements, unless otherwise stipulated. In this case, the seller is obliged, in addition to delivering the goods, to supply digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot perform their functions without them.

1.4 These GTC also apply to contracts for the supply of physical data carriers that exclusively serve as carriers of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC refers to data that are produced and made available in digital form.

1.5 For the purposes of these GTC, "digital content" means all data not supplied on a physical medium, which are produced in digital form and made available by the seller subject to the granting of certain rights of use more precisely regulated in these GTC.

2) Conclusion of the Contract

2.1 The product descriptions published in the seller's online store constitute binding offers from the seller. These can be accepted by the customer following the process described below.

2.2 The customer can place an order and thus accept the seller's offer via the order form integrated into the seller's online store. When ordering via the online form, the customer, after entering the personal information relating to the order and clicking on the button completing the order ("Confirm Order"), submits a legally binding declaration of acceptance of the offer concerning the goods contained in his shopping cart.

2.3 The seller sends the customer an acknowledgment of receipt (by mail or electronically) of the order transmitted to him.

2.4 The contract text is archived by the seller, and a copy is sent to the customer together with these GTC. This transmission takes place at the time of sending the order in text form (email, fax, or letter). Furthermore, this document is also archived on the seller's website and can be requested free of charge by the customer through his password-protected account. However, the customer must have created an account on the seller's website before placing his order.

2.5 Before placing a firm and final order via the seller's online form, the customer has the opportunity to correct the entered information using the usual keyboard functions. In addition, all the information provided will be displayed again in a confirmation window just before the final validation of the order and can be corrected in the same way.

2.6 Only the French language is authoritative for the conclusion of the contract.

2.7 Order processing and contact are carried out by email and via an automated order processing system. The customer must ensure the accuracy of the email address provided for order processing and so that he can receive emails sent by the seller. Furthermore, if using spam filters, the customer must ensure that all emails sent by the seller himself or by third parties commissioned with order processing can be received.

3) Right of Withdrawal

Consumer customers have a right of withdrawal. More details on the right of withdrawal can be found in the seller's information concerning the exercise of the right of withdrawal.

4) Prices and Payment Methods

4.1 Unless otherwise provided in the product descriptions published by the seller, the prices indicated by the seller are final prices in euros, all taxes included (TTC). They therefore include the value-added tax (VAT). Additional delivery and shipping costs may apply. They will, if applicable, be expressly indicated in the corresponding product description.

4.2 The customer can choose between the different payment methods displayed on the seller's website.

4.3 If advance payment is agreed upon, it must be made immediately after the conclusion of the contract.

4.4 If the customer chooses the "PayPal" payment method, payment is made via the service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., Boulevard Royal, L-2499 Luxembourg, in accordance with the terms of use (see https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full?locale.x=fr_FR)

5) Delivery Conditions

5.1 The delivery of goods is regularly carried out by mail to the address indicated by the customer, unless otherwise agreed. The delivery address indicated on the order processed and managed by the seller is authoritative for the execution of the transaction.

5.2 If the transport company returns the goods to the seller due to the impossibility of delivering them to the customer, the costs incurred by the failed shipment will be chargeable to the customer. However, this does not apply if the customer has correctly exercised his right of withdrawal, if the customer is not responsible for the circumstances that led to the impossibility of delivery of the goods, or if he was temporarily prevented from receiving the delivery, unless the seller had given him reasonable notice of the delivery.

5.3 For logistical reasons, collection by the customer is not possible.

6) Legal Warranties for Products and Products Containing Digital Elements

6.1 If the customer is a consumer:

6.1.1 He has a period of two years from the delivery of the goods to obtain the implementation of the legal conformity warranty in case of appearance of a defect of conformity. During this period, the customer is only required to establish the existence of the lack of conformity and not the date of its appearance.

6.1.2 When the contract of sale of the goods provides for the supply of digital content or a digital service continuously for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the supply period provided. During this period, the customer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.

6.1.3 The legal conformity warranty entails an obligation for the seller, where applicable, to provide all necessary updates to maintain the conformity of the goods.

6.1.4 The legal conformity warranty gives the customer the right to repair or replacement of the goods within thirty days following his request, without charge and without major inconvenience to him.

6.1.5 If the goods are repaired under the legal conformity warranty, the customer benefits from an extension of six months of the initial warranty.

6.1.6 If the customer requests the repair of the goods, but the seller imposes replacement, the legal conformity warranty is renewed for a period of two years from the date of replacement of the goods. The customer may obtain a reduction of the purchase price by keeping the goods or terminate the contract by obtaining a full refund against the return of the goods if:

The seller refuses to repair or replace the goods;
The repair or replacement of the goods occurs after a period of thirty days;
The repair or replacement of the goods causes a major inconvenience to the customer, particularly when the customer permanently bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;
The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. The customer also has the right to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies immediate reduction of the price or termination of the contract. The customer is then not required to request repair or replacement of the goods beforehand.

6.1.7 The customer is not entitled to terminate the sale if the lack of conformity is minor.

6.1.8 Any period of immobilization of the goods for repair or replacement suspends the warranty that remained to run until the delivery of the restored goods.

6.1.9 The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

6.1.10 The seller who obstructs in bad faith the implementation of the legal conformity warranty incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

6.1.11 The customer also benefits from the legal warranty against hidden defects in application of Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles to a price reduction if the goods are kept or to a full refund against return of the goods.

6.2 Modalities for Exercising Warranties

6.2.1 To exercise his warranties, the customer contacts the seller to define the modalities for exercising the warranty.

6.2.2 In the case of a return by mail, upon receipt of the product by the seller, the latter will examine the product to determine if the alleged defect or malfunction is covered by a legal or commercial warranty.

6.2.3 If the return is deemed compliant by the seller, he will proceed:

Under the legal warranty: either repair, replacement, or failing that, price reduction or termination of the contract.
Under the commercial warranty: the customer may benefit from the rights provided by the seller.

6.2.4 The customer is free to choose a shipping method for his product other than those proposed by the seller. In this case, the costs will be at his expense. He is also free to subscribe or not to insurance in case of loss, theft, or destruction of his package.

6.2.5 Finally, the customer is responsible for the packaging of his product, which must be carried out in such a way that the product can travel without risk of breakage or degradation.

6.3 The mandatory legal information informing consumers about the modalities for implementing their legal warranties can be consulted here: www.it-recht-kanzlei.de/informations-sur-les-garanties-legales-france.php

7) Redemption of Promotional Vouchers

7.1 Vouchers with a limited validity period, issued free of charge by the seller within the framework of advertising campaigns that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") are only valid in the seller's online store and only within the period indicated on the voucher.

7.2 Certain products may be excluded from the promotional campaign but only if this restriction is explicitly contained on the promotional coupon.

7.3 Only one promotional voucher can be used per order.

7.4 Promotional vouchers can only be used before the end of the ordering process. Subsequent compensation or reduction is impossible.

7.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

7.6 If the value of the promotional voucher is not sufficient to cover the entire order, the customer may choose to pay the difference using other payment methods offered by the seller.

7.7 The value of the promotional voucher cannot be paid in cash and does not earn any interest.

7.8 The promotional voucher will not be refunded if the customer exercises his legal right of withdrawal and returns the goods paid for in whole or in part with the promotional voucher.

7.9 The promotional voucher is transferable. The seller may deliver the goods to the person who used the promotional voucher in the store even if it is not the original owner of the voucher. This does not apply if the seller is aware or grossly negligent in ignoring the lack of justification, legal incapacity, or lack of power of representation of the original owner.

8) Applicable Law, Competent Jurisdiction

8.1 If the customer is a consumer within the meaning of Article 1.2, any legal relationship between the contracting parties is governed by the law of the country where the customer has his habitual residence, excluding the United Nations Convention on Contracts for the International Sale of Goods. The competent jurisdiction for any dispute relating to this contract is exclusively that of the customer's habitual residence.

8.2 If the customer is a professional within the meaning of Article 1.2, any legal relationship between the contracting parties is governed by the law of the country where the seller has its registered office, excluding the United Nations Convention on Contracts for the International Sale of Goods. The competent jurisdiction for any dispute relating to this contract is exclusively that of the seller's registered office.

9) Out-of-Court Dispute Resolution

9.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

For the purpose of resolving disputes with a seller, consumers have the option of resorting to mediation through this European platform.

9.2 In accordance with the provisions of the Consumer Code, an amicable settlement also applies to cross-border consumer disputes. If the customer wishes to use such mediation services, he can consult the website of the Commission for the Evaluation and Monitoring of Consumer Mediation (http://www.economie.gouv.fr/mediation-conso/commission).

This website provides, in particular, the contact details of the European Consumer Centre France and information on the modalities of assistance that the consumer can benefit from for the out-of-court resolution of such cross-border disputes.

If the customer wishes to use mediation services in a dispute with the seller, he must first contact the seller in writing. The mediator's service can only be invoked when an agreement with the seller has not been reached.