These general terms and conditions of sale govern the contractual relationship between PENSCOLLECTOR and its Client, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other terms and conditions appearing in any other document, unless previously waived in writing.
Clicking on the "Confirm order" button means that you are purchasing the goods presented and also that you accept these general terms and conditions of sale.
PENSCOLLECTOR therefore invites you to read the following clauses carefully. PENSCOLLECTOR specifies that it is not possible to purchase a good without accepting the conditions set out below.
The parties agree that the contract thus formed is subject to French law.
ART. 1: ORDERING
The Customer has only one way to order.
On our website www.penscollector.com
ART. 2: PRODUCTS
PENSCOLLECTOR informs the Client of all the essential characteristics of the goods offered. These characteristics are supported by one or more photographs illustrating the offer. PENSCOLLECTOR invites the Client to read these characteristics carefully.
In each ad, it is clearly specified whether the product is "for collection" or "to be used". Do not hesitate to ask for confirmation of this point by e-mail before purchasing.
Unless otherwise specified, PENSCOLLECTOR does not limit the geographical scope of its offer. The offer is made for an indefinite period.
The Client is aware that the item will be delivered by post. The Client acknowledges that the photograph representing the product may have undergone alterations due to the processing of the photograph.
ART. 3: PRICES
The prices indicated in Euros (€) are deemed to be net, excluding delivery costs. Those expressed in currencies other than the Euro are given as an indication; they may be modified at any time without prior notice, it being understood that the articles will be invoiced on the basis in force when the order is registered.
If the delivery takes place outside the territory of the European Union, customs taxes and related formalities remain the exclusive responsibility of the Customer. The Customer undertakes to check that the delivery complies with the requirements of the country of destination.
The delivery costs include a contribution to the preparation and packaging costs, together with the costs of postage and insurance for valuable objects. Three progressive rates are applied according to the amount of the purchase. For several items ordered the delivery costs will be adapted to the corresponding total price range.
ART. 4: WITHDRAWAL PERIOD
The Customer has a withdrawal period of 14 days from the date of receipt of the goods ordered.
If the Client exercises his/her right of withdrawal, PENSCOLLECTOR undertakes to reimburse all sums paid, free of charge, within a maximum of 14 days following the complaint, provided that the item has been returned and received by PENSCOLLECTOR.
Unless otherwise agreed, the buyer is responsible for the cost of returning the item; returns for cash on delivery are not accepted. It is advisable to keep a record of the proof of delivery as well as your receipt or invoice for the shipping costs.
ART. 5: PAYMENT
You can pay either :
By credit card
You must indicate your card number, as well as its validity date, and any other element required by the online payment terminal.
The Customer certifies that he/she has the necessary authorisation to make the payment he/she chooses. In the case of a payment by bank card, the payment order may be revoked in the event of fraudulent use of the card in accordance with the agreement concluded between the Customer and his or her banking institution.
Possibly by PAYPAL on prior request by e-mail.
ART. 6: DELIVERY
Whether you order in France or abroad, we deliver to your home. The average delivery time is 2 to 4 working days for France. In the event of a delay, PENSCOLLECTOR's only responsibility is to request a new delivery date within a period of time that the client considers reasonable or to cancel and refund the order.
If the item is unavailable, the Client will be informed as soon as possible and may cancel the order. He may then request a refund of the product.
The products are delivered to the address indicated by the Customer on the delivery note. Any complaint must be made to the address penscollector@outlook.fr
In order to speed up the procedures with the Customer Service, the customer is advised to check the general aspect of the packaging of the delivered product; in case of damage, it is imperative to put detailed reservations on the delivery slip. He/she will send a copy or a photo by e-mail to PENSCOLLECTOR within a maximum of 48 hours. In the event of non-conformity of the goods delivered, PENSCOLLECTOR undertakes to exchange or take back and refund the product.
ART. 7: WARRANTY
Many of the products sold by PENSCOLLECTOR are old objects or even collectors' items, some of which are no longer used. This is why a guarantee to use a product will be explicitly stated in the text of the advert concerning it. Only if PENSCOLLECTOR has undertaken to use a product for its original purpose will the client benefit from a contractual guarantee against any defect that the product may present for a period of six months. PENSCOLLECTOR undertakes to repair or replace, at its own expense, any part found to be defective during the above-mentioned period, the necessary labour costs being included in this guarantee. This commitment is subject to the product being returned to us in its original packaging and accompanied by the corresponding invoice. The warranty does not cover any failure due to abnormal use of the product due to negligence or fault of the customer, replacement of parts due to normal wear and tear of the product, as well as malfunctions or damage due to an accident or natural phenomenon.
The customer may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects in the goods sold within the meaning of Article 1641 of the Civil Code and that in this case, the customer may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
ART. 8: TRANSFER OF OWNERSHIP
The transfer of ownership of the products to the benefit of the purchaser will only take place after full payment of the price of the latter, regardless of the date of delivery of the said products.
On the other hand, the transfer of the risks of loss and deterioration of the products will be carried out upon delivery and receipt of said products by the purchaser.
ART. 9: DATA PROCESSING AND LIBERTIES
For the proper processing of the order, the personal data collected will be subject to computer processing, and the Customer acknowledges having knowledge of this. We detail below the data collected and inform you.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access and rectify any personal data concerning you. To exercise this right, you can use the site's functions and send your request to the following e-mail address: penscollector@outlook.fr
ART. 10: COLLECTION OF PERSONAL DATA - GDPR
In accordance with the new European legislation RGPD (General Data Protection Regulation) which came into force on 25/05/2018, we detail below all the data collected, and their uses:
- CONNECTION TO YOUR CUSTOMER ACCOUNT
Email address and password
Your email address and the password you have chosen are used to identify you to your customer account, in which you can retrieve your order history, consult and/or modify your personal information, access your video bonuses etc.
- PROCESSING AND SHIPPING OF YOUR ORDERS:
Name, first name, postal address, telephone number
This data is used internally and by service providers such as LA POSTE / COLISSIMO / CHRONOPOST for the sole purpose of delivering your order to your home.
- TRACKING OF YOUR SHIPMENTS
Email address and mobile number
This data is used to send you tracking information for your order(s) placed on our website
- PAYMENT
Your bank details are not retrieved by our servers, during payment it is a trusted third party service that handles this confidential data (e-transactions / Crédit Agricole / Oyst / Stripe). These organisations are authorised to process this type of data. PENSCOLLECTOR will never have access to this data, it is neither used nor stored by our servers.
- EMAILING AND NEWSLETTER
Let's keep in touch! When you subscribe to our newsletter you will only receive emails from our shop. You can unsubscribe at any time by clicking on "Unsubscribe" at the bottom of an email. Your data is protected and cannot be sold or exchanged with other companies/partners.
- SMS
Your mobile phone number can be used both to keep you informed of an event such as the tracking of a parcel for example, but also to send you our best offers. At any time, you can ask to stop the sending of SMS by answering "STOP", you will then no longer be solicited.
- COOKIES
The cookies on our site allow you to identify yourself more easily and quickly on our site. We remind you that our website does not store any sensitive data such as your bank details. Cookies also allow us to highlight your preferences on our site (display rules, products already consulted, articles corresponding to your search criteria).
We remind you that at any time you can consult and/or modify, or even request the deletion of your personal data. To apply this right, please refer to article 9 "Data processing and liberties".
ART. 11: APPLICABLE LAW
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law. In the event of a dispute between the two parties, PENSCOLLECTOR undertakes to provide the contact details of a mediator upon request by the client.