General Conditions of Sale

Table of Contents

Article 1 - Presentation

Article 2 - Applications of the general conditions of sale

Article 3 - Information on the site and accessibility of the site

Article 4 - Registration on the site

Article 5 - Orders

Article 6 - Refusal to process an order

Article 7 - Compliance with these general terms and conditions by the customer

Article 8 - Prices and payment terms

Article 9 - Delivery

Article 10 - Right of withdrawal - Refunds and returns

Article 11 - Guarantees - limitation of liability

Article 12 - Partial disability

Article 13 - Non-waiver

Article 14 - Mediation - applicable law - competent jurisdiction.

Article 15 - Intellectual property

Article 16 - Legal notices

ARTICLE 1 - PRESENTATION

Our site: https://premiere-archivesale.com/ is published by the Company SYMMETRIC . These conditions of sale are concluded on the one hand by the company SYMMETRIC with a share capital of 1392.20 euros whose registered office is located at 39 avenue Montaigne, 75008, Paris registered in the Paris Trade and Companies Register under number 839 442 258 hereinafter referred to as "SYMMETRIC" and managing the site https://premiere-archivesale.com/ and, on the other hand, by any natural or legal person wishing to make a purchase via the website https://premiere-archivesale.com/ hereinafter referred to as "the Customer".

ARTICLE 2 - APPLICATION OF THE GENERAL CONDITIONS OF SALE

The general terms and conditions of sale "GTC" detailed below apply to all orders for products and services placed via the Site and the application with the company SYMMETRIC, by any person. The Customer must read the GTC prior to any order, the GTC being available on the Site.

SYMMETRIC reserves the right to adapt or modify these General Terms and Conditions at any time; the version of the General Terms and Conditions applicable to any sale being that appearing online on the site https://premiere-archivesale.com/ at the time of the order. Consequently, any order placed on the site https://premiere-archivesale.com/ automatically implies full and unreserved acceptance of these general terms and conditions of sale.

ARTICLE 3 - INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

https://premiere-archivesale.com/ is an e-commerce site owned and operated by SYMMETRIC Company.

The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, by the company SYMMETRIC or its service providers, for the needs of its maintenance and/or security or in cases of force majeure (as defined below). The company SYMMETRIC cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site. The company SYMMETRIC cannot guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it can freely determine at its sole discretion any period of unavailability of the Site or its content. The company SYMMETRIC cannot be held responsible for problems of data transmission, connection or unavailability of the network. The company SYMMETRIC reserves the right to develop the Site, for technical or commercial reasons.

ARTICLE 4 - REGISTRATION ON THE SITE

The Customer's registration on the Site is validated by the company SYMMETRIC as soon as the customer receives a registration confirmation email.

When creating an Account or purchasing as a visitor, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, SYMMETRIC cannot be held responsible for the impossibility of delivering Products.

ARTICLE 5 - ORDERS

A confirmation email summarizing the Order (product(s), price, quantity, etc.) will be sent to the Customer by SYMMETRIC. For this purpose, the Customer formally accepts the use of email for confirmation by SYMMETRIC of the content of his Order.

Before any order, the buyer must create an account on the site https://premiere-archivesale.com/. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information. The company SYMMETRIC offers the buyer to order and pay for his products via secure payment by credit card (via Stripe, Alma, Paypal or Lydia): the accepted payment methods are as follows: credit cards and bank cards (visa®, mastercard®, american express®).

In accordance with the provisions of Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.

Any order placed on the site implies a guarantee on the part of the customer that he/she has all the necessary authorizations to use the means of payment made available on the site.

Your order will only be shipped after verification of your payment method and receipt of authorization to debit your card.

SYMMETRIC does not store its customers' banking data.

Confirmation of an order entails acceptance of these conditions of sale, recognition of having full knowledge of them and the waiver of relying on one's own conditions of purchase.

All data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and has provided it on their order form, SYMMETRIC will send them an email confirming that their order has been recorded.

If the buyer wishes to contact the company SYMMETRIC, he can do so by email at the following address: premiere@archive-sales.com

ARTICLE 6 - REFUSAL TO PROCESS AN ORDER

SYMMETRIC reserves the right to remove any product displayed on the Site at any time and to replace or modify any content or information appearing on the Site. Despite SYMMETRIC's best efforts to meet its customers' expectations, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the order. SYMMETRIC cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order. SYMMETRIC also reserves the right to refuse or cancel an order from a customer with whom it has a dispute over the payment of a previous order.

ARTICLE 7 - COMPLIANCE WITH THESE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

In the event of non-compliance by the Customer with these General Terms and Conditions and in the event of fraud, attempted fraud or payment incident, SYMMETRIC reserves the right to suspend access to the Site's services, and if necessary to terminate the Customer's account, without prejudice to any damages that SYMMETRIC would be entitled to claim.

SYMMETRIC reserves the right to suspend or cancel any Order placed by the Customer, in the following situations, without this list being exhaustive:

In the event of suspension of the Client account,
In the event of an order involving abnormally high or unusual quantities for a single Customer
In the event of fraud or attempted fraud
In the event of a payment incident.

ARTICLE 8 - PRICE AND PAYMENT TERMS

Product prices are indicated on the Site in euros including VAT. All prices displayed are calculated and include the value added tax (VAT) applicable in France.

SYMMETRIC reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability. The Customer expressly acknowledges that the communication of his bank card number to SYMMETRIC constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, a notification of cancellation of the Order for non-payment is sent to the Customer by SYMMETRIC to the email address provided by the Customer when registering on the Site. The data recorded and stored by SYMMETRIC constitutes proof of the Order and all past sales. The data recorded by Paypal, Alma, Lydia or Stripe constitutes proof of any financial transaction between the Customer and SYMMETRIC. Payment in installments/deferred payments is available via our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.

Furthermore, we reserve the right to cancel your order for a legitimate reason, in particular in the following cases:

When a manifest error has crept into the description of the Item/or the price (for example when a manifestly low price is displayed and/or when there is an error on one of the essential characteristics of the product or the content of the Coupons);
When there is a dispute regarding the payment of your order;
When we notice fraudulent use of our benefits and/or our sponsorship program;
When we notice multiple account creation for a single user member
We also reserve the right to take all necessary measures to put an end to such irregularities (example: blocking or deletion of the account).

Gift cards issued by SYMMETRIC are valid for a period of 5 months from their issue date. After this period, they can no longer be used to make purchases and no refunds will be made for unused cards.

Amount of purchases

Only purchases between €80 and €2,000 are eligible for payment with Alma.

Costs

By paying in installments with Alma, the customer does not pay any fees. Except for the following cases:

P4X: 1.95% per transaction

Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

Termination

Any termination of the T&Cs binding the Seller and the customer shall result in the termination of the T&Cs between Alma and the customer.

ARTICLE 9 - DELIVERY

9.1 Delivery terms and tracking

Deliveries are made, from Monday to Saturday, by the services of a carrier, whose contact details will be communicated to the Customer when ordering (Colissimo – Mondial Relay, etc.)

The Customer is informed by email of the shipment of the order. The delivery tracking methods will be mentioned there.

The Delivery costs applicable to the Order are those mentioned on the Site before the final validation of the Order and its payment, and depend on the delivery method chosen.

The SYMMETRIC company offers free delivery for all orders shipped to France for an amount greater than €200.

Except for:
- Some bulky, fragile products or those requiring a special delivery service will not be eligible for free delivery, regardless of the amount of the order. This detail is mentioned in the description of the items concerned when placing your order.
- Orders for delivery to an address outside Metropolitan France.

As stated in the article of the consumer code L216-L any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him takes physical possession of these goods. In the event of loss of a package, please contact our team: premiere@archive-sales.com.

Delivery is made to the delivery address indicated by the Customer when placing the order, it being specified that this must be the residential address of the Customer, of a natural person of their choice or of a legal entity (delivery to their company).

In the event that Delivery cannot be made due to an incorrect delivery address, no reshipment can be made and the Customer will be reimbursed within fourteen days of receipt of the request by SYMMETRIC, which will deduct from the reimbursement the costs related to the delivery of the goods which will be borne by the Customer.

9.2 Condition of the delivered Product

It is the Customer's responsibility to check the condition of the Product and to make any reservations known to SYMMETRIC within two (2) working days following receipt of the Order at the following email address; premiere@archive-sales.com. The Customer may also refuse the Order upon delivery, if he considers that the delivered package has been opened or if it is damaged or shows signs of deterioration.

The Customer is recommended to open the package in the presence of the carrier upon hand delivery so that the Customer can see the condition of the Product delivered.

Any reservations that the Customer wishes to bring to the attention of SYMMETRIC must have been previously indicated on the delivery slip, in the event of hand delivery of the Order.

SYMMETRIC reserves the right to initiate an investigation with the delivery services and, if necessary, will inform the Customer.

9.3 Delivery Time and Delay in Delivery

SYMMETRIC delivers orders within the time period indicated before the final validation of the Order by the Customer in accordance with Article L216-1 of the Consumer Code. Delivery of goods means the transfer to the consumer of physical possession or control of the goods. This period is calculated from the first working day after validation of the Order. This delivery time may vary depending on the period. Returns via the site are only available for France. However, we accept returns from abroad, which are also the responsibility of the Customer.

In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). SYMMETRIC cannot be held responsible for any delay in delivery that is not its fault or justified by a case of force majeure.

As stated in Article 216-6: I.-In the event of a breach by the professional of his obligation to deliver the goods or provide the service under the conditions set out in Article L. 216-1, the consumer may:

1° Notify the professional of the suspension of payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the civil code;

2° Terminate the contract if, after having formally notified the professional to carry out the delivery or provide the service within a reasonable additional period, the latter has not complied within this period.

The contract is considered terminated upon receipt by the professional of the letter or written document informing him of this termination, unless the professional has performed in the meantime.

II.-The consumer may, however, immediately terminate the contract:

1° When the professional refuses to deliver the goods or provide the service or when it is clear that he will not deliver the goods or provide the service;

2° When the professional does not fulfil his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in Article L. 216-1 and this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.

The provisions of this article are without prejudice to the allocation of damages.

The refund will then take place within fourteen (14) days from receipt by SYMMETRIC of the Customer's email informing it of its wish to cancel the Order, taking into account the new delivery time.

In the event that the package is lost, SYMMETRIC may initiate an investigation with the carrier designated for the order. If necessary, the Customer will be informed by sending an email to the email address previously provided.

If the package is found, it will be sent to the Customer, who will be notified of a new delivery date, and according to the same procedure described in this article.

In the event that the package is misplaced and considered lost, the Customer will be informed by the company SYMMETRIC and/or the carrier, and SYMMETRIC will reimburse the amount including tax of the Order placed by the Customer within fourteen (14) days from receipt by SYMMETRIC.

ARTICLE 10 - RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

Article 10.1. Time limit and procedures for exercising the right of withdrawal

10.1.1 Deadline for exercising the right of withdrawal

Under the terms of Article L.221-18 of the Consumer Code, the non-professional Customer has a period of 14 days from receipt of the Order to exercise his right of withdrawal with the company SYMMETRIC, without having to justify his decision.

Please note that in the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple parts whose delivery is staggered over a defined period, the period starts from receipt of the last good or lot or the last part.

You can also cancel your order before it is delivered, provided that it is not already “being prepared”.

10.1.2 Conditions for exercising the right of withdrawal

If the consumer wishes to exercise his right of withdrawal, he must, within fourteen (14) days, inform the company SYMMETRIC. Under Article L221-21 of the Consumer Code, the latter may:

Contact Customer Service electronically directly from the returns platform available on the site via the following link:
https://return.elyn.io/login?id=&email=&tenant=etiquette_de_retour

In this case, SYMMETRIC will immediately send the customer an acknowledgement of receipt of the withdrawal.

Inform him of this by means of an unambiguous written statement

Complete and send the withdrawal form available in the appendix to our General Terms and Conditions (article R221-21 of the Consumer Code) to the postal address indicated below:

SYMMETRIC Company

25, rue du Mail

75002, Paris France

If the Customer exercises his right of withdrawal, he will be sent an acknowledgement of receipt of his declaration.

As stated in Article L.221-23 of the Consumer Code, the consumer returns or restores the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to recover these goods himself.

Products must not have been used, opened or damaged, and must be returned intact and unused.

When the right of withdrawal is exercised, SYMMETRIC reimburses the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days from the date on which it is informed of the consumer's decision to withdraw.

For contracts for the sale of goods, unless it offers to collect the goods itself, SYMMETRIC may defer reimbursement until the goods have been collected or until the consumer has provided proof of having sent back the goods, whichever is the earliest.

SYMMETRIC will make this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and to the extent that the reimbursement does not incur any costs for the consumer.

SYMMETRIC is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by SYMMETRIC.

The refund of an order paid for with a gift card or credit will be made automatically as a gift card.

Article 10.2 Exclusion

In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

1° Of the provision of services fully performed before the end of the withdrawal period and the execution of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods liable to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° Of supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded at a public auction;

12° Of the provision of accommodation services, other than residential accommodation, of goods transport services, of car rentals, of catering or of leisure activities which must be provided on a specific date or during a specific period;

13° Supply of digital content not provided on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

The consumer's liability may only be incurred in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 7° of article L. 221-5.

Beyond this 14-day period, the sale is firm and final.

Article 10.3. Terms of return of the Order within the framework of the right of withdrawal.

The right of withdrawal is exercised without penalty.

Under Article L.221-23 of the Consumer Code, the consumer returns or restores the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to recover these goods himself.

Beyond this 14-day period, the sale is firm and final. The consumer's liability can only be incurred in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 7° of Article L. 221-5 .

To make a return, the customer can use the prepaid label system, available on the interface, via the following link: https://return.elyn.io/login?id=&email=&tenant=etiquette_de_retour. Products must be returned to the address on the return form received by the customer.

Once the consumer has exercised his right of withdrawal, he has a maximum period of fourteen (14) days to return the products. In order to simplify the process, SYMMETRIC offers its customers the use of its prepaid label system

If the customer does not wish to use the traditional procedure for returning the product via the prepaid label system, it is strongly recommended that they return it via Colissimo delivered against signature. Indeed, in the event of a dispute, it will be up to the consumer to prove that their package was received at our premises. In this case of return, the customer is required to attach to the returned product any element allowing it to be identified (invoice, order summary, etc.).

Under Article L221-23 paragraph 2 of the Consumer Code, return costs are the responsibility of the customer. The amount will be deducted from the product refund. The risks are also the responsibility of the customer. SYMMETRIC is not required to reimburse the consumer for additional costs if the latter has chosen a more expensive delivery method than that proposed by SYMMETRIC.

If, due to the nature of the product (volume, value, weight, etc.), it cannot be handled by our prepaid label system, the return costs of the product are, for information purposes, between €10 and €200 (this price range is not binding on SYMMETRIC). The prices applied are specified in the product sheets of the items concerned.

Products must be unused, undamaged, undamaged or soiled. They should ideally be returned in their original packaging or wrapped and protected as much as possible in their original packaging.

Article 10.4. Reimbursement of Products returned under the right of withdrawal

SYMMETRIC undertakes to reimburse the consumer for all amounts paid as well as delivery costs (article L221-24 of the Consumer Code). However, SYMMETRIC is not required to reimburse the consumer for additional costs if the latter has chosen a more expensive delivery method than that proposed by SYMMETRIC.

Pursuant to Article L221-24 of the Consumer Code, SYMMETRIC undertakes to reimburse its consumers within fourteen (14) days from the date of receipt of the returned product or receipt of proof of its shipment.

SYMMETRIC will make the refund using the same means of payment as that used for the payment of the Order, unless the Customer agrees to use another means of payment and to the extent that the refund does not incur any costs for the consumer. If the Customer fails to comply with these General Terms and Conditions, SYMMETRIC will not be able to refund the Products concerned.

For customers residing in the Schengen area (except Italy, Romania and Cyprus), returns are at the customer's expense at the rate of €6.95 per return, and if they so wish they may make the returns at their own expense after making the corresponding request on our site in the same way as a standard return.

For customers residing outside the Schengen area, in Italy, Romania or Cyprus, returns are at their expense after having made the corresponding request on our site as a standard return.

In other cases, you pay the return costs directly to the carrier you choose.

Products must be unused, undamaged, undamaged or soiled. They should ideally be returned in their original packaging or wrapped and protected as much as possible in their original packaging.

ARTICLE 11 - GUARANTEES

11.1 Responsibilities

SYMMETRIC is required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met:

-they must comply with the description and have the characteristics set out on the Site;

-they must be suitable for the purposes for which products of this kind are generally designed;

-they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

In addition, the company SYMMETRIC guarantees consumers against defects of conformity and hidden defects for the Products on sale on the Site under the following conditions:

11.2 Legal guarantee of conformity

The products sold on the SYMMETRIC website are subject to the regulations relating to the legal guarantee of conformity provided for by articles L217-3 et seq. of the Consumer Code and to the guarantee of hidden defects provided for by articles 1641 et seq. of the Civil Code.

11.2.1 The legal guarantee of conformity

In accordance with the provisions of Article L217-4 et seq. of the Consumer Code (reproduced below), the products sold by the company SYMMETRIC on the Site https://premiere-archivesale.com/ are subject to the legal guarantee of conformity.

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.

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

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.

If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the good occurs after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to rescission of the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

The above rights arise from the application of the articles L. 217-1 to L. 217-32 of the Consumer Code.

Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover ( Article L. 241-5 of the Consumer Code ).

The consumer also benefits from the legal guarantee of hidden defects in application of the Articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund upon return of the item.

In accordance with the provisions of Article L217-10 et seq. of the Consumer Code, the Customer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, under the conditions provided for by the legal provisions and reproduced below.

11.2.2 Guarantee against hidden defects

The Customer may also implement the legal guarantee in respect of hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code (reproduced below).

According to Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to request reimbursement of the entire Product which has proven to be unfit for use or to request reimbursement of part of the price of the Product if he decides to keep it, in accordance with the provisions of Article 1644 of the Civil Code.

To do this, the Customer must prove that the defect existed before delivery of the product and was not apparent at the time of delivery.

11.2.4 -Methods for implementing guarantees

In order to implement these guarantees, the Customer must contact the Customer Relations department, by sending an email to the address premiere@archive-sales.com.

This request for implementation must indicate the lack of conformity or the hidden defect noted. SYMMETRIC reserves the right to request one or more photos to support the claim.

Upon receipt of this request, SYMMETRIC must send the Client a notice of receipt of the request.

The Product must then, in the event of implementation of the Guarantee, accepted by the company SYMMETRIC, be returned, with the references of the initial Order and a copy of the complaint indicating the reason for the return of the Product, to the head office of the company SYMMETRIC.

For all useful purposes, the following legal provisions are recalled:

- Art. L217-3 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility."

- Art. L217-5 of the Consumer Code: "The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."

- Art. L217-7 of the Consumer Code: “Lack of conformity that appears within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.”

- Art. L217-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not ignore when he contracted. The same applies when the defect originates from the materials that he himself supplied."

- Art. L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer."

- Art. L217-10 of the Consumer Code: "If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he seeks. However, the sale cannot be cancelled if the lack of conformity is minor."

- Art. L217-11 of the Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer. These same provisions do not prevent the allocation of damages.”

- Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

- Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.”

- Art. 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

- Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself.”

- Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.”

- Art. 1644 of the Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.”

- Art. 1646 of the Civil Code: “If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.”

- Art. 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…)”

11.2.5 Exclusion of Warranties

The above warranties do not apply to products modified or repaired by the Customer, nor if the Customer has integrated or added any element whatsoever to the Product.

The guarantee does not apply to apparent defects within the framework of the legal guarantee of hidden defects.

Likewise, the warranty will not cover products damaged due to improper use or unsuitable packaging when returned to SYMMETRIC.

ARTICLE 12 - PARTIAL DISABILITY

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

ARTICLE 13 - NON-WAIVER

No tolerance, inaction or inertia on the part of SYMMETRIC may be interpreted as a waiver of its rights under the T&Cs.

ARTICLE 14 - MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION.

The sale of the Products is subject to French law.

The choice of French law cannot, however, deprive the Consumer Client residing outside France of the application of the mandatory and consumer-protective provisions provided for by the law of the country in which the Client has his habitual residence, provided that SYMMETRIC exercises its activity or directs its activity towards this country.

In the event of a dispute arising from an Order or a sale, the Customer may submit a written complaint to Customer Services. premiere@archive-sales.com. In the event of a complaint not resolved amicably by Customer Service and for a period of one (1) year, the Customer may use the CM2C mediation service free of charge, to which SYMMETRIC is a member, electronically at cm2c@cm2c.net or by post: CM2C – 49, rue de Ponthieu in Paris (75008) or on their website https://www.cm2c.net/, in accordance with Article L. 612-1 of the Consumer Code. The Mediator Service may be contacted for any consumer dispute for which an amicable settlement has not been successful.

The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/, in particular in the event of a cross-border dispute.

In addition, the Customer always has the option of taking legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, when the Customer is a consumer, to any legally competent court.

ARTICLE 15 - INTELLECTUAL PROPERTY

All elements reproduced on the site (including in particular photographs, videos, logos, graphic charter, texts, data, etc.) are the exclusive property of SYMMETRIC SAS and are protected by copyright, trademark law, unfair competition law and database law.

Any use of content published under the name “SYMMETRIC” on social networks such as Google, Tiktok, Instagram, Facebook and LinkedIn is strictly prohibited without prior contractual authorization with SYMMETRIC SAS. The published content then includes all creations, such as inventions, literary and artistic works, names, titles, logos, images or design etc.

Any reproduction or distribution, even partial, of these elements, without the prior express authorization of SYMMETRIC SAS, exposes offenders to legal proceedings.

The products marketed by SYMMETRIC SAS are also protected by intellectual property law and may not be copied. SYMMETRIC SAS reserves the right to take appropriate legal action against any third party who copies its products.

ARTICLE 16 - LEGAL NOTICES
https://premiere-archivesale.com/ holds travel agent license no. IM075220043 issued by the Prefecture of Seine Saint-Denis and has financial security from the company Groupama Assurance-crédit et Caution, 8-10 rue d'Astorg - 75008 Paris (company governed by the Insurance Code).

"Pursuant to Article L.223-2 of the Consumer Code, we inform our customers of their right to register free of charge on the telephone canvassing opt-out list, by clicking on the following link: https://www.bloctel.gouv.fr/ »

Contact details :

Phone number: +33 07 68 91 72 77

Email address: premiere@archive-sales.com

Postal address: SYMMETRIC, 23 rue du mail, 75002, Paris

Last modified: May 2, 2024

ANNEX 1

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of Société SYMMETRIC, 23 rue du mail, 75002 Paris – France premiere@archive-sales.com :

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

LEGAL INFORMATION

I. Publisher

The company SYMMETRIC with share capital of 1338.90 euros, whose head office is located at 23 rue du mail, registered in the Nanterre Trade and Companies Register under number 839 442 258.

The publication director is Mr. Timothée Linyer.

The site is hosted on Shopify.

Contact : premiere@archive-sales.com

These Legal Notices of the Website are intended for customers and Internet users visiting the Site.

II. Intellectual property

All elements present on the site https://premiere-archivesale.com/, whether textual, visual or sound, are the exclusive property of SYMMETRIC and are as such protected by the intellectual property code and copyright.
As such, any reproduction of the SYMMETRIC brand or site https://premiere-archivesale.com/, partial or complete, is strictly prohibited.
It is permitted to set up a link to our website if it remains fair and does not harm SYMMETRIC's reputation or goodwill. It is also prohibited to establish a link in such a way that it suggests a partnership or association if these do not exist.

III. Cookies

Your use of the Site is subject to this Cookie Statement. Your use of the Site is also subject to all applicable laws and regulations, including those governing copyright, trademarks, and all other intellectual property rights.

In order to facilitate your navigation on the Site, the company SYMMETRIC uses cookies or similar systems. These Cookies offer you a better quality of service by recording information relating to Your Navigation.

On this Site, cookies have several functions: first, they allow you to navigate efficiently between pages and above all to improve your experience on the Site. Also, they contribute to online advertisements corresponding to you and your interests.
The cookies used on this Site are classified into four categories: strictly necessary cookies, cookies contributing to the performance of the Site, cookies recording functional requests and targeted cookies.
By using this Site, you agree to the placement of these cookies on your device.

You may be able to restrict or block cookies from the Site by configuring your browser (or any other website) settings. Your browser may contain information on how to adjust your settings. You may also wish to visit www.allaboutcookies.org for general information about cookies and how to adjust cookie settings in various browsers.

Please note that restricting cookies may impact the functionality of the Site.