Terms 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:

Altiora

• Postal address:

59, rue de Ponthieu, Office 326, 75008 Paris

• Email address:

hello.pulseon@gmail.com

• Company registration number:

Registered with the Paris Trade and Companies Register under number 107 540 742

The main characteristics of the Products, including the specifications, illustrations and indications of the Products' dimensions or capacity, are presented in the Seller's catalogues. The photographs and graphics presented are not contractual and shall not incur the Seller's liability. The Customer must refer to the description of each Product in order to ascertain its properties and essential characteristics.

Product offers are subject to availability.

The customer declares that they have read and accepted the general terms and conditions of sale before placing their order. Accordingly, validation of the order constitutes acceptance of the general terms and conditions of sale.

The products purchased on the website pulseon.fr are sold through the company Altiora for pulseon.fr .

Article 1 - Principles

These general terms and conditions set out all of the parties' obligations. Accordingly, the customer is deemed to accept them without reservation.

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

They are accessible on the website pulseon.fr and shall prevail, where applicable, over any other version or any other conflicting document.

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

If any term of sale were to be missing, it would be deemed to be governed by the practices in force in the distance-selling sector whose companies have their registered office in France.

Article 2 - Content

Purpose. These general terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer via the website pulseon.fr.

Capacity. Use of the site to place an order presumes the Customer's acknowledgement and acceptance of all the terms of these general terms and conditions. The Customer declares that they are of legal age and have the capacity to enter into a contract under the law of their country, or declares that they represent, under a valid mandate, the person on whose behalf they place the order.

Acceptance of the General Terms and Conditions of Sale. The Customer declares that they have read and accepted the general terms and conditions before any purchase, which implies unreserved acceptance of these general terms and conditions of sale. By accepting them, the Customer acknowledges that, before placing any order, they received sufficient information and advice from the company to enable them to ensure that the content of their order meets their needs. These general terms and conditions constitute the entirety of the rights and obligations of the parties in connection with their contractual relationship.

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

These general terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer via the website pulseon.fr.

Article 3 - The order

The buyer may place an order online, using the online catalogue and the form provided therein, for any product, subject to availability.

The buyer shall be informed of any unavailability of the product or goods ordered.

For the order to be validated, the buyer must accept these general terms and conditions by clicking in the indicated location. The buyer must also choose the delivery address and method, and finally validate the payment method.

The sale shall be considered final:

- after the seller has sent the buyer confirmation by email that the order has been accepted;

- and after the seller has collected the full price.

Any order constitutes acceptance of the prices and the description of the products available for sale. Any dispute regarding this matter shall be addressed as part of any potential exchange and the warranties mentioned below.

In certain cases, including non-payment, an incorrect address, or another problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

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

The digital records stored in the company's computer systems under reasonable security conditions shall be regarded as evidence of the communications, orders and payments made between the parties. Purchase orders and invoices are archived on a reliable and durable medium that may 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 legible and comprehensible 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 shall be provided to the buyer clearly and comprehensibly:

- the essential characteristics of the goods;

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

- where applicable, all additional transport, delivery or postage costs and all other potential charges payable;

- in the absence of immediate performance of the contract, the date or period within 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 statutory guarantees, the functionalities of the digital content and, where applicable, its interoperability, and the existence and procedures for implementing the guarantees and other contractual conditions.

Article 5 - Electronic signature

Providing the buyer's bank card number online and giving final validation of the order shall constitute proof of the buyer's agreement:

-  the sums due under the purchase order becoming payable;

-  signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the bank card, the buyer is invited, upon discovering such use, to contact the seller at the following email address hello.pulseon@gmail.com

Article 6 - Order confirmation

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

Article 7 - Proof of the transaction

The computer records stored in the seller's computer systems under reasonable security conditions shall be regarded as evidence of the communications, orders and payments made between the parties. Purchase orders and invoices are archived on a reliable and durable medium that may 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 being sold by the seller. They are offered subject to availability.

The products are described and presented as accurately as possible. However, if any errors or omissions have occurred in this presentation, the seller may not be held liable.

Photographs of the products are not contractually binding.

Article 9 – Pricing terms

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are stated in euros.

A customer purchasing a product sold inclusive of all taxes (TTC) will see a price that takes into account the VAT applicable on the date of purchase of the product. Any change to the applicable VAT rate will be reflected in the price of the products. If the company benefits from a VAT exemption threshold, it may legitimately invoice its products excluding tax (HT).

If a customer located in a European Union country is asked to pay VAT in order to receive their order, they must inform the seller before paying the amounts requested by the carrier or the customs authorities, so that the seller may legitimately resolve the situation for the customer.

If the customer has nevertheless paid costs related to customs clearance, such as VAT, customs duties or other administrative fees, the customer may request reimbursement only of the VAT and customs duties, provided solely that the customer supplies acceptable proof of the payment thus made.

For purchases destined for countries located outside the European Union and outside France, costs related to importation, such as VAT or customs duties, shall be borne by the customer. The seller may not be held liable for any additional costs related to customs clearance or other import costs.

Article 10 - Payment method

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

To pay for the order, the buyer may choose any of the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have any authorizations that may be required to use the payment method chosen by them when validating the order form. The seller reserves the right to suspend all order processing and delivery in the event that payment by bank card is refused by officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being administered.

The price shall be paid in full on the day the order is placed, according to the following methods:

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

Special offers and discount vouchers. The Company reserves the right to offer time-limited launch offers, promotional offers or price reductions on its products and to revise its offers and prices on the website at any time, under the conditions provided for by law. The applicable prices are those in effect when the customer purchases the product, and the customer may not claim any other prices, whether applicable before or after their purchase. Discount vouchers may be subject to specific conditions and remain strictly personal to their beneficiary and may be used only once.

In the event of a payment incident and/or fraud. The Company reserves the right to suspend all processing of the Order and any delivery in the event of non-payment or refusal of authorization for payment by bank card by officially accredited organizations. The Company reserves, in particular, the right to refuse to honor an order placed by a customer who has not fully or partially paid for a previous order or with whom a payment dispute is pending.

The Company may contact the customer to request additional documents in order to process payment for the order. The Company may rely on the information provided by the order analysis system.  Providing the requested documents is necessary for the Company to confirm the order. In order to combat bank card fraud, the Company may carry out a visual verification of the means of payment before delivering the product. In the event of fraudulent use of their bank card, the customer is invited, as soon as they become aware of such use, to contact the Company, without prejudice to the steps to be taken by the Customer with their bank.

Payment default or delay. Interest and penalties provided for by law shall apply in the event of default or delay in payment by the Consumer or professional Customer.

Article 11 - Product availability - Refund - Termination

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the site's home page, the shipping periods will, subject to stock availability, be those indicated below. The shipping periods run from the date on which the order is recorded, as indicated in the order confirmation email.

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

In the event of failure to comply with the agreed delivery date or period, the buyer must, before terminating the contract, require the seller to perform it within a reasonable additional period.

If the obligation has not been performed upon expiry of this new period, the buyer may freely terminate the contract.

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

The contract will be deemed terminated upon receipt by the seller of the letter or written notice informing it of such termination, unless the professional has performed in the meantime.

However, the buyer may immediately terminate the contract if the dates or periods referred to above constitute an essential condition of the contract for the buyer.

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

If 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 may then choose either to request a refund of the amounts paid within no more than 14 days of their payment, 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 products ordered are delivered to the buyer by the seller's supplier in accordance with the terms and within the period specified above.

The products are delivered to the address indicated by the buyer on the order form, and the buyer must therefore 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. At the buyer's request, an invoice may be sent to the billing address rather than the delivery address, by selecting the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery driver will leave a delivery notice in the mailbox, allowing the parcel to be collected at the place and within the time period indicated.

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

The buyer must indicate on the delivery note, by handwritten reservations accompanied by their signature, any irregularity concerning the delivery (damage, product missing compared with the delivery note, damaged packages, broken products, etc.).

This verification shall be deemed to have been carried out once the buyer, or a person authorized by the buyer, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered letter no later than two business days following receipt of the article or articles and send a copy of this letter by fax or ordinary 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 submitted to the seller within 14 days following delivery. Any claim made after this period cannot be accepted. The product may be returned only if it is in its original condition (packaging, accessories, instructions, etc.).

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

The products are offered for sale and delivered subject to availability. If the ordered product is unavailable, the company shall immediately inform the customer and may offer a product of equivalent quality and price or, failing that, refund the order if the Customer is a consumer. Apart from refunding the price of the unavailable product, the company shall not be liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

Return costs shall be borne by the customer.

Article 13 - Delivery Errors

The buyer must notify the seller, on the day of delivery or, at the latest, on the first business day following delivery, of any claim concerning a delivery error and/or non-conformity of the products in terms of their nature or quality compared with the information appearing on the order form. Any claim made after this period shall be rejected.

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

Any claim not made in accordance with the rules defined above and within the prescribed time limits cannot be taken into consideration and shall release the seller from any liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number to the product(s) concerned and communicate it to the buyer by email. A product may only be exchanged after the exchange number has been assigned.

14 - Legal warranty of conformity

The seller warrants that the goods sold conform to the contract, enabling the buyer to submit a claim under the legal warranty of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code.

In the event that the legal warranty of conformity is invoked, it is recalled that:

-  the buyer has a period of 2 years from delivery of the goods to bring an action;

-  the buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

-  the buyer is not required to prove the lack of conformity of the goods during the 24 months in the case of new goods (12 months in the case of second-hand goods) following delivery of the goods.

14-2 Legal warranty against latent defects

In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for latent defects that may affect the goods sold. The buyer shall be responsible for proving that the defects existed at the time of sale of the goods and are such as to render the goods unfit for the purpose for which they are intended. This warranty must be exercised within two years from the discovery of the defect.

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

Article 15 - Right of withdrawal

Exercise of the right of withdrawal

The buyer has 30 days from the delivery date of their order to return any item that is unsuitable and request an exchange or refund without penalty, except for the return costs, which remain payable by the buyer.

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

Damaged, soiled or incomplete products will not be accepted for return.

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

If the right of withdrawal is exercised within the aforementioned period, the customer must notify the seller of their right of withdrawal

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

The price of the purchased product(s) and the delivery costs will be refunded.

Return costs shall be borne by the buyer.

The exchange (subject to availability) or refund will be made no later than within  30 days from the date the seller receives 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:

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

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

- the supply of goods liable to deteriorate or expire rapidly;

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

- the supply of goods that, after delivery and by their nature, become inseparably mixed with other items;

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

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

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

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

- the supply of digital content not provided on a tangible medium, where performance has begun after the consumer's prior express consent and express waiver of their right of withdrawal.

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

Article 16 - Force majeure

All circumstances beyond the parties' control that prevent the performance of their obligations under normal conditions shall be considered grounds for exemption from the parties' obligations and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.

The following shall be considered cases of force majeure: any irresistible events or circumstances external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, in addition to those usually recognized as cases of force majeure or fortuitous events by the case law of the French courts and tribunals, the following shall be considered cases of force majeure or fortuitous events: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, interruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties shall consult with each other to examine the impact of the event and agree on the conditions under which performance of the contract shall continue. If the force majeure event lasts for 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, who is the sole holder of the intellectual property rights in this content.

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

Article 18 - Data Protection and Freedoms

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

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

The buyer has a permanent right of access to, and the right to modify, rectify and object to, information concerning them. This right may be exercised under the conditions and in accordance with the procedures defined on the website pulseon.fr

Article 19 - Partial Invalidity

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

Article 20 - No Waiver

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

Article 21 - Heading

In the event of any difficulty in interpreting any of the headings appearing at the beginning of the clauses and any of the clauses, the headings shall be deemed nonexistent.

Article 22 - Contract Language

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

Article 23 - Mediation and Dispute Resolution

The buyer may resort to conventional mediation, in particular through the Consumer Mediation Commission or existing sector-specific mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute. The mediator's name, contact details and email address are available on our website.

In the event of difficulty in performing the Contract, a consumer Client residing in Europe may, before taking any legal action, 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 the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable law

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

This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer shall first contact the seller to seek an amicable solution.

Article 25 - Protection of personal data

Data collected

The personal data collected on this website are as follows:

- account opening: when the user's account is created, their     

- login: when the user logs in to the website, the website records, in particular, their  first names, surnames, login, usage, and location data

- profile: use of the services provided on the website makes it possible to complete a profile, which may include an address and telephone number- payment: in connection with payment for the products and services offered on the website, the website records financial data relating 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 retained;

- cookies: cookies are used in connection with the use of the website. The user may disable cookies through their browser settings.

Use of personal data

The personal data collected from users are intended to provide and improve the website's services and maintain a secure environment. More specifically, the uses are as follows:

-  accessing and using the website by the user;

-  managing the operation and optimization of the website;

-  organizing the terms of use of the Payment Services;

-  verifying, identifying and authenticating data transmitted by the user;

-  offering the user the possibility of communicating with other users of the website;

-  providing user support;

-  personalizing services by displaying advertisements based on the user's browsing history, in accordance with their preferences;

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

-  managing any disputes with users;

-  sending commercial and advertising information, according to 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, for the implementation of these services, the website works with third-party banking and financial companies with which it has entered into contracts;

-  when the user publishes publicly accessible information in the website's free-comment areas;

-  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 service providers have limited access to user data in connection with the performance of these services and are contractually required to use it in compliance with the applicable regulations on the protection of personal data;

-  if required by law, the website may transmit data in order to respond to claims brought against the website and comply with administrative and judicial proceedings;

-  if the website is involved in a merger, acquisition, asset sale or judicial reorganization proceedings, it may be required to sell or share all or part of its assets, including personal data. In such a case, users would be informed before the personal data are transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures 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 the transmission or storage of information on the internet.

Exercise of users' rights

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

• the right of access: they may exercise their right of access to find out what personal data concerning them are held. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
• the right to rectification: if the personal data held by the website are inaccurate, they may request that the information be updated.
• the right to erasure of data: users may request the erasure of their personal data, in accordance with applicable data protection laws.
• the right to restriction of processing: users may request that the website restrict the processing of their personal data in accordance with the circumstances provided for by the GDPR.
• the right to object to data processing: users may object to their data being processed in accordance with the circumstances provided for by the GDPR.
• the right to data portability: they may request that the website provide them with the personal data they have supplied so that they can transmit it to a new website.

 

Amendments to this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If this personal data protection clause is amended, the website undertakes to publish the new version on its website. The website will also inform users of the amendment by email at least 15 days before its effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they may delete their account.