The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
Throughout the site, the terms “we”, “us” and “our” refer to sodasac.com. So’ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The parties to the contract are:
1. On the one hand: “the Seller” : sodasac.com
2. On the other hand: “the Client”
Any order for a product appearing on the site sodasac.com (“the Site”) requires prior consultation and unreserved acceptance of these general conditions of sale.
The Customer declares to be informed that their agreement on the content of these general conditions does not require the handwritten signature of this document: the final click to validate the order by the Customer constitutes the conclusion of a sales contract subject to these general conditions. These general conditions express the entirety of the obligations of the parties. The Customer accepts without reservation all of the provisions provided for in these general conditions. No obligation appearing in the documents sent or delivered by the Customer may be incorporated into these terms, as long as these documents are incompatible with these general conditions.
The Customer is the non-professional natural or legal person purchasing one or more products on the Site (“the Product(s)”).
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site. The Customer is required to read it before ordering.
The Products presented on the Site are offered for sale to Customers who reside in mainland France and International, except for areas under special circumstances (Section 15).
The Seller reserves the right to refuse delivery of its Products to certain territories.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Customer and are their sole responsibility.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The contract is irrevocably concluded and comes into force on the date of its acceptance by the Customer, this acceptance being manifested by the “click” of definitive validation of the order by the Customer, which has between the parties the same value as a signature. For personalized orders, the contract is concluded after the conclusion of a quote between the Seller and the Customer.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
These general conditions express the entirety of the obligations of the parties. The Customer accepts without reservation all of the provisions provided for in these general conditions. No obligation appearing in the documents sent or delivered by the Customer may be incorporated into these terms, as long as these documents are incompatible with these general conditions.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
Your submission of personal information through the store is governed by our Privacy Policy.
The Seller collects the Customer's personal data as well as, where applicable, that of the recipient of the order. The purposes, recipients, retention periods and conditions under which the Seller collects and processes personal data are presented in the Seller's Privacy policy accessible on the Seller's Site.
By placing an order on the Site, the Customer is deemed to have read the provisions of said Privacy Policy and to have accepted them.
To view our Privacy Policy.
It is up to the Customer to select the products he wishes to order on the Site, according to the following terms:
When he wishes to place an order and thus make a purchase, the Customer selects each desired product among the products offered and adds them to his “cart”.
For each of the products added to their “cart”, the Customer follows the purchasing instructions and selects:
The Customer verifies the various information relating to the selected products (quantity and options selected), follows the instructions given to them during registration and informs the chosen delivery method, the payment method, the delivery address , and the billing address. All fields must be completed to validate the order.
Validation of the order by the Customer constitutes acceptance of these general conditions of sale.
The Seller reserves the right to refuse the order of a customer with whom he has had a dispute regarding the payment of previous orders, or any other problem.
Once the order has been validated and recorded, a confirmation is sent to the Customer by email.
This email is automatically sent to the Customer to confirm the order taking provided that the email address indicated in the registration form does not contain an error.
The Customer must verify the completeness and conformity of the information he provides to the Seller. The Seller cannot be held responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipment will be the responsibility of the Customer.
The computerized records, kept in the Seller's computer systems under reasonable security conditions, are considered as proof of exchanges, orders and payments made between the parties. The archiving of electronic purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Price currency is in euro (€).
Prices are only valid on the date of the order. They do not include delivery and order processing costs charged additionally as indicated before validation of the order. The payment requested from the Customer corresponds to the total amount of the order, including the delivery costs.
The Seller reserves the right to modify their prices at any time and without notice.
Each order will be invoiced on the basis of the prices in force at the time of its validation. Any personalized order (Product made to measure, at the request of the Customer, and according to its specifications) will be the subject of a quote between the Seller and the Customer and a personalized price depending on the complexity of production and the size of the Product(s).
The Seller presents on its Site the products for sale with their main characteristics. The offers presented by the Seller are only valid while stocks last. Certain products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Payment is made online at the time of ordering by credit card or PayPal service.
The Customer guarantees to the Seller that he has the necessary authorizations to pay by credit card, upon validation of the order.
The Seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from accredited organizations or in the event of non-payment.
The Products ordered remain the property of the Seller until full payment of the order price.
The Customer will be able to obtain an electronic invoice by e-mail.
If an ordered product is unavailable, the Customer will be informed as soon as possible and will have the option to cancel their order. The Customer will then have the choice of requesting either a refund of the sums paid, which will take place within 30 days of payment, or an exchange of the Product.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
In accordance with articles L.221-18 et seq. of the Consumer Code, the Customer benefits from a right of withdrawal of 14 days from the day of receipt of the order to return, without penalties, only the shipping costs being payable. Their responsibility, the Products which do not suit them .
The price of the Product, as well as the delivery and processing costs of the order, will be reimbursed within a maximum period of 14 days from the exercise of this right.
In accordance with article L.221-28 5° of the Consumer Code, the right of withdrawal cannot be exercised for personalized orders whose manufacturing requires specific adaptations to meet very specific technical and aesthetic requirements (carpets and all custom creations).
Products returned unsealed, incomplete, damaged or modified will not be exchanged or refunded.
Return costs are and remain the responsibility of the Customer.
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
The Seller is liable for hidden defects in the item sold under the conditions provided for in articles 1641 et seq. of the Civil Code.
The Seller is also liable for defects in the conformity of the goods subject to the contract under the conditions of articles L.217-4 et seq. of the Consumer Code. As such, it guarantees that the Products delivered will conform to the description of the Products ordered, subject to minor differences, in particular with regard to the color of the Products, the colors of the images presented on the Site may, for technical reasons, not be perfectly faithful to reality.
To implement the legal guarantee of non-conformity, the Customer must contact the Seller whose contact details are indicated in Article 1.
When acting as a legal guarantee of conformity, the Customer:
The Seller cannot be held liable in the following cases:
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The parties agree that special circumstances, in addition to the events usually recognized as such by case law, and without this list being exhaustive: natural disasters, fires, floods, lightning, electrical surges, strikes, interruptions of electricity supply, failures of the telecommunications network, civil or foreign wars, riots or popular movements and attacks.
Events constituting cases of special circumstances resulting in a malfunction of the Site do not engage the responsibility of the Seller.
The fact of one of the parties not taking advantage of a failure of the other party to fulfill any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall sodasac.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless sodasac.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These general conditions of sale are subject to French law.
In the event of a dispute, the Customer undertakes to seek an amicable solution with the Seller before any legal action.
For any complaints, the Customer can contact customer service at the Seller's email address indicated in Section 26.
The Customer is informed that he can also use the online dispute resolution platform : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at contact@sodasac.com