General Terms and Conditions of Sale

Preamble

These general terms and conditions of sale apply to all sales concluded on the website

pulseon.fr

The company’s contact details are as follows:

• Website link:

pulseon.fr

• Company name:

PulseOn

• Postal address:

59, rue de Ponthieu, Office 326, 75008 Paris

• Email address:

hello.pulseon@gmail.com

• Company number:

Registered with the Paris RCS under number 980 900 856

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented in the Seller’s catalogs. The photographs and graphics shown are not contractual and do not engage the Seller’s liability. The Customer is required to refer to the description of each Product to know its essential properties and particularities.

Product offers are understood to be within the limits of available stock.

The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Products purchased on the site pulseon.fr are sold through the company PulseOn for pulseon.fr .

Article 1 - Principles

These general terms and conditions express the entirety of the parties' obligations. In this sense, the customer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, notably those applicable to in-store sales or through marketing or other distribution channels.

They are accessible on the website pulseon.fr and will prevail, if applicable, over any other version or any contradictory document.

The buyer and the seller agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time, which will apply as soon as they are posted online.

If a sales condition were to be missing, it would be considered governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Article 2 - Content

Subject. These general terms and conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, from the website pulseon.fr.

Capacity. Using the site to place an order implies acceptance of all the terms of these general conditions. The Client declares being of legal age and capable of contracting under the law of their country or declares representing, under a valid mandate, the person for whom they are placing the order.

Acceptance of the GTC. The Client declares having read and accepted the general conditions before any purchase, which implies unconditional adherence to these general terms and conditions of sale. By this acceptance, the client acknowledges having received sufficient information and advice from the company prior to any order, allowing them to ensure that the content of their order meets their needs. These general conditions constitute the entire rights and obligations of the parties within their contractual relationship.

Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptances, and transactions.

These general conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, via the website pulseon.fr.

Article 3 - The order

The buyer has the option to place their order online, from the online catalog and using the form provided, for any product, subject to available stock.

The buyer will be informed of any unavailability of the product or item ordered.

For the order to be validated, the buyer must accept these general conditions by clicking in the indicated area. They must also choose the delivery address and method, and finally confirm the payment method.

The sale will be considered final:

- after the seller has sent the buyer an order acceptance confirmation by email;

- and after full payment has been received by the seller.

Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will be handled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including payment default, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.

For any questions regarding order tracking, the buyer can send an email to the seller at the following email address: hello.pulseon@gmail.com

The digitized records, kept in the company's computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 4 - Pre-contractual Information

The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a readable and understandable manner, of these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

- the essential characteristics of the goods;

- the price of the goods and/or the method of calculating the price;

- if applicable, all additional transport, delivery, or postage costs and any other possible fees payable;

- in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of their price;

- information relating to the seller's identity, postal, telephone, and electronic contact details, and activities, information relating to legal guarantees, features of the digital content and, if applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

Article 5 - Electronic Signature

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

- payment of amounts due under the order form;

- signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is detected, to contact the seller at the following email address hello.pulseon@gmail.com

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation by email once payment has been made.

Article 7 - Proof of Transaction

The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8 - Product Information

The products governed by these general terms and conditions are those listed on the seller's website and indicated as sold by the seller. They are offered while stocks last.

Products are described and presented as accurately as possible. However, if errors or omissions occur in this presentation, the seller’s liability cannot be engaged.

Product photographs are not contractual.

Article 9 – Pricing Conditions

The seller reserves the right to change prices at any time but commits to applying the rates in effect at the time of the order, subject to availability on that date.

Prices are indicated in euros.

The customer purchasing a product sold all taxes included (TTC) will see a price that includes the VAT applicable on the day of purchase. Any change in the applicable VAT rate will affect the product prices. If the company benefits from a VAT exemption, it may legitimately invoice its products excluding tax (HT).

In the event that a customer located in a European Union country is required to pay VAT to receive their order, they must inform the seller before paying the amounts demanded by the carrier or customs administration, so that the seller can legitimately resolve the situation for the customer.

If the customer has nevertheless paid fees related to customs clearance such as VAT, customs duties, or other handling fees, the customer may request a refund only for the VAT and customs duties, provided that the customer supplies acceptable proof of payment.

For purchases destined for countries outside the European Union and outside France, import-related fees such as VAT or customs duties will be the responsibility of the customer. The seller cannot be held responsible for any additional fees related to customs clearance or other import charges.

Article 10 - Payment Method

This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.

To pay for their order, the buyer has the choice of all payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have any necessary authorizations to use the chosen payment method when validating the order form. The seller reserves the right to suspend any order processing and delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller also reserves the right to refuse delivery or fulfillment of an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

Payment of the price is made in full on the day of the order, according to the following terms:

• Paypal
• Bank card (Visa, Mastercard, etc)
• iDeal
• Bancontact
• Klarna

Special offers and discount vouchers. The company reserves the right to offer limited-time launch offers, promotional offers, or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided by law. The applicable prices are those in effect at the time of the client’s purchase, who cannot claim other prices, either before or after their purchase. Discount vouchers may be subject to specific conditions and remain strictly personal to their beneficiary and usable only once.

In case of payment incident and/or fraud. The company reserves the right to suspend any processing of the Order and any delivery in case of non-payment or refusal of payment authorization by bank card from officially accredited organizations. The company also reserves the right to refuse to fulfill an order from a client who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

The company may contact the client to request additional documents to process the payment of the order. The company may rely on information provided by the order analysis system. Providing the requested documents is necessary for the company to confirm the order. To combat credit card fraud, a visual verification of the payment methods may be carried out by the company before delivering the product. In case of fraudulent use of their bank card, the client is invited, as soon as this use is detected, to contact the company, without prejudice to the steps the Client must take with their bank.

Default or late payment. Interest and penalties provided by law apply in case of default or late payment by the consumer or professional Client.

Article 11 - Product Availability - Refund - Termination

Except in cases of force majeure or during online store closure periods clearly announced on the site's homepage, shipping times will, subject to available stock, be those indicated below. Shipping times start from the order registration date shown in the order confirmation email.

Delivery terms will be specified to the buyer on a case-by-case basis.

In case of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, require the seller to fulfill it within a reasonable additional period.

If the new deadline expires without execution, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered terminated upon the seller's receipt of the letter or written notice informing them of this termination, unless the professional has already fulfilled the contract in the meantime.

However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is terminated, the seller must refund the buyer the full amount paid no later than 14 days after the date the contract was terminated.

In case the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer can then choose either to request a refund of the amounts paid within 14 days at the latest from the payment date or to exchange the product.

Article 12 - Delivery Terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered to the buyer by the seller's supplier according to the terms and timeframe specified above.

Products are delivered to the address provided by the buyer on the order form, so the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. Upon request, the buyer can receive an invoice sent to the billing address instead of the delivery address by selecting the appropriate option on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, allowing the parcel to be collected at the specified location and within the indicated timeframe.

If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

The buyer must indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packages, broken products...).

This verification is considered completed as soon as the buyer, or a person authorized by them, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail no later than two business days after receiving the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the site's legal notices.

If the products need to be returned to the seller, a return request must be made to the seller within 14 days following delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions...).

The product will be delivered within a maximum period of 30 days.

Products are offered for sale and delivered subject to available stock. In case of unavailability of the ordered product, the customer will be immediately informed by the company, which may offer a product of equivalent quality and price or, failing that, will refund the order if the Customer is a consumer. Apart from the refund of the price of the unavailable product, the company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

Return costs are the responsibility of the customer.

Article 13 - Delivery Errors

The buyer must submit to the seller on the day of delivery or at the latest on the first business day following delivery, any claim of delivery error and/or non-compliance of the products in nature or quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The claim can be made by email to the following address: hello.pulseon@gmail.com

Any claim not made in accordance with the rules defined above and within the specified time limits will not be considered and will release the seller from any liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the concerned product(s) and communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.

14 - Legal warranty of conformity

The seller guarantees the conformity of the sold item to the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-3 and following of the Consumer Code.

In case of enforcement of the legal warranty of conformity, it is reminded that:

- the buyer has a period of 2 years from the delivery of the item to take action;

- the buyer can choose between repair or replacement of the item, subject to cost conditions provided by Article L. 217-17 of the Consumer Code;

- the buyer does not have to prove the non-conformity of the item during the 24 months for new goods (12 months for used goods) following delivery of the item.

14-2 Legal warranty for hidden defects

In accordance with Articles 1641 and following of the Civil Code, the seller is liable for hidden defects that may affect the sold item. It is up to the buyer to prove that the defects existed at the time of sale and are such as to make the item unfit for its intended use. This warranty must be enforced within two years from the discovery of the defect.

The buyer can choose between canceling the sale or a price reduction in accordance with Article 1644 of the Civil Code.

Article 15 - Right of withdrawal

Application of the right of withdrawal

The buyer has a period of 14 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs which remain the buyer's responsibility.

Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing their resale as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products are not accepted for return.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately sent to the buyer. Any other method of withdrawal declaration is accepted. It must be unambiguous and express the intention to withdraw.

In case of exercising the right of withdrawal within the aforementioned period, the customer must notify their right of withdrawal

by email to the following address: hello.pulseon@gmail.com

The price of the purchased product(s) and the delivery fees are refunded.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made no later than 30 days from the receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

- for the supply of goods whose price depends on financial market fluctuations beyond the professional's control and likely to occur during the withdrawal period;

- for the supply of goods made according to the consumer's specifications or clearly personalized;

- for the supply of goods likely to deteriorate or expire rapidly;

- for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons;

- for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the professional's control;

- for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the emergency;

- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

- for the supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;

- for the supply of digital content not provided on a physical medium whose execution began after the consumer's prior express consent and express waiver of their right of withdrawal.

The company is not required to reimburse additional costs if the consumer has expressly chosen a delivery method more expensive than the standard delivery method offered by the professional.

Article 16 - Force Majeure

Any circumstances beyond the control of the parties preventing the normal execution of their obligations are considered grounds for exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their disappearance.

Force majeure shall be considered any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and which cannot be prevented by them despite all reasonable efforts. Expressly, force majeure or fortuitous events include, in addition to those usually recognized by French courts and tribunals: blockage of transport or supply means, earthquakes, fires, storms, floods, lightning, telecommunication network outages, or difficulties specific to telecommunication networks external to clients.

The parties will come together to examine the impact of the event and agree on the conditions under which the contract execution will continue. If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the injured party.

Article 17 - Intellectual Property

The content of the website remains the property of the seller, the sole holder of intellectual property rights on this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

Article 18 - Data Protection and Privacy

The personal data provided by the buyer is necessary for processing their order and issuing invoices.

They may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders.

The buyer has a permanent right of access, modification, correction, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the procedures defined on the site. pulseon.fr

Article 19 - Partial Invalidity

If one or more provisions of these general terms and conditions are held to be invalid or declared as such under a law, regulation, or following a final decision of a competent court, the other provisions shall retain their full force and effect.

Article 20 - Non-Waiver

The fact that one party does not invoke a breach by the other party of any of the obligations set forth in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.

Article 21 - Title

In case of difficulty interpreting any of the headings at the beginning of the clauses and any of the clauses themselves, the headings shall be declared non-existent.

Article 22 - Language of the Contract

These general terms and conditions of sale are written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

Article 23 - Mediation and Dispute Resolution

The buyer may resort to conventional mediation, notably with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute. The names, contact details, and email addresses of the mediator are available on our website.

In case of difficulty in executing the Contract, the consumer client residing in Europe has the option, before any legal action, to seek the assistance of a consumer mediator.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable law

These general conditions are subject to French law. The competent courts are the French courts.

This applies to both substantive and procedural rules. In case of dispute or complaint, the buyer should first contact the seller to seek an amicable solution.

Article 25 - Protection of personal data

Data collected

The personal data collected on this site are as follows:

- account opening : when the user creates an account, their     

- login : when the user logs into the website, it records, in particular, their first names, last names, login data, usage data, and location data

- profile : using the services provided on the website allows the creation of a profile, which may include an address and a phone number - payment: as part of the payment for products and services offered on the website, it records financial data related to the user's bank account or credit card;

- communication : when the website is used to communicate with other members, data concerning the user's communications are temporarily stored;

- cookies : cookies are used as part of the website's operation. The user has the option to disable cookies through their browser settings.

Use of personal data

The personal data collected from users is intended to provide website services, improve them, and maintain a secure environment. Specifically, the uses are as follows:

-  User access to and use of the website;

-  Managing and optimizing the website’s operation;

-  Organizing the terms of use for payment services;

-  Verifying, identifying, and authenticating data submitted by the user;

-  Offering the user the option to communicate with other website users;

-  Providing user support;

-  Personalizing services by displaying ads based on the user’s browsing history and preferences;

-  Preventing and detecting fraud, malware (malicious software), and managing security incidents;

-  Managing any disputes with users;

-  Sending commercial and advertising information based on the user’s preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

-  When the user uses payment services, the website works with third-party banking and financial companies with which it has contracts;

-  When the user posts information in the website’s public comment sections;

-  When the user authorizes a third-party website to access their data;

-  When the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to user data as part of performing these services and are contractually obligated to use it in compliance with applicable data protection regulations;

-  If required by law, the website may transmit data to respond to claims made against the website and comply with administrative and judicial procedures;

-  If the website is involved in a merger, acquisition, asset sale, or judicial recovery procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical measures in digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of transmission or storage of information on the internet.

Implementation of user rights

Under the applicable personal data regulations, users have the following rights, which they can exercise by making their request to the following address: hello.pulseon@gmail.com

• the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
• the right to rectification: if the personal data held by the website is inaccurate, they can request the information be updated.
• the right to data deletion: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to restrict processing: users can request the website to limit the processing of personal data under the conditions provided by the GDPR.
• the right to object to data processing: users can object to their data being processed under the conditions provided by the GDPR.
• the right to data portability: they can request that the website provide them with the personal data supplied to it to transfer to a new website.

 

Changes to this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website commits to publishing the new version on its site. The website will also inform users of the change by email at least 15 days before the effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option to delete their account.