Terms of sale and legal notice

Terms and Conditions of Sale - Legal Notice - Personal Data

Legal notice

Website Publisher

ERAG, SARL (limited liability company) with share capital of 500 000 €
118/130 Avenue Jean Jaurès 75171 Paris CEDEX 19 (no sales at this address)
SIRET: 751 754 110 RCS Paris

EU VAT number: FR23751754110

Website Host

ovh.net

Data protection

ERAG wishes to remind you of its commitment to scrupulously honor the trust you place in it and to comply with the obligations of Law No. 78-17 of January 6, 1978 on "Data Processing, Data Files and Individual Liberties", and accordingly to register the site with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés, CNIL). The registration number is 1631418 v 0.

In accordance with the Law on "Data Processing, Data Files and Individual Liberties", you have a right to access, rectify and delete your personal data, which you may exercise by mail addressed to ERAG 118/130 Avenue Jean Jaurès 75171 Paris Cedex 19 or by email to [email protected] , stating your last name, first name, full address and, where applicable, your customer number.

Customer Service

For any information, question or advice, our customer service is at your disposal.

Email

[email protected]

Mail

ERAG 118/130 Avenue Jean Jaurès 75171 Paris Cedex 19 - After-sales return address: ERA, 134, rue d'Aubervilliers, Métropole 19 Bâtiment B Etage 3, 75019 Paris - France

Telephone

01 87 65 18 39 from 10 a.m. to 12 p.m. and from 2 p.m. to 5 p.m., Monday through Friday

Terms and Conditions of Sale

OFFERS AND PRICES

The prices shown on the website www.titanide.fr (hereinafter, the "Site") are stated in euros, all taxes included, excluding the contribution to shipping costs (see Shipping), and may vary during the year, it being understood that the products ordered (hereinafter the "Product" or the "Products") are invoiced at the prices in effect when the order is recorded.

ORDERS

The steps to follow in order to place an order are as follows: you select the item or items of your choice and add them to your shopping cart; you may at any time check the contents of your cart and the corresponding price, and make any necessary changes. You log in (email and password). If you are a new customer, you must create an account and log in by entering a valid email address and a password (personal and confidential), which you will use later to log in to the site. You choose your shipping method and confirm it, then choose your payment method from those offered to you, which you confirm in turn.

Providing the personal information required to process and deliver orders is mandatory. To confirm your order, you must have read these terms and conditions and accepted them by checking the box "I have read the terms and conditions of sale and accept them without reservation".

When you confirm your order by clicking the "confirm and pay for the order" button, you declare that you accept it.
Once your order has been recorded, a detailed acknowledgment of receipt will be sent to your email address. This acknowledgment of receipt summarizes all the components of your order, including the exact amount invoiced and the shipping terms for your order.

Upon receipt of payment for the order, the order is confirmed and processed by our teams.

However, we reserve the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason relating in particular to the abnormal nature of the order.

PRODUCT AVAILABILITY

Our offers of Titanide brand products are valid only while stocks last.

If a product is unavailable after your order has been placed, we undertake to inform you within 8 days and to tell you how long you will have to wait to receive this product.

If you wish, you may request the cancellation (refund by check within 14 days) or the exchange of your order by contacting us at the following email address: [email protected].

PAYMENT

Payment for your purchases on the website www.titanide.fr is made exclusively in euros.

All payments are made by credit or debit card.

The card is charged, in principle, at the time of the order.

Online card payment is fully secure.

SHIPPING

Our prices are ex Paris, France, excluding shipping costs.

Products are delivered within metropolitan France to the address of your choice as stated in the order form, within an average of 2 business days from confirmation of the order (see above, in the Orders section).

For shipments abroad and to the French overseas departments and territories, the average delivery time is 5 business days from confirmation of the order.

It is your responsibility to provide us with all the details required for your order to be delivered correctly.

RIGHT OF WITHDRAWAL

Pursuant to Article L. 211-18 of the French Consumer Code (Code de la consommation), the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the products ordered.

In the case of an order for several goods delivered separately, or of an order for goods made up of multiple lots or parts delivered in stages over a defined period, the period runs from receipt of the last good, lot or part.

However, pursuant to Article L. 211-28 of the Consumer Code:

"The right of withdrawal may not be exercised for contracts:

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

4° For the supply of goods likely to deteriorate or expire rapidly;

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

6° For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;"

To exercise the right of withdrawal, the Customer must, within the period stated above, send ERAG a letter by post, preferably by registered mail with acknowledgment of receipt, stating the intention to exercise this right, or return the standard withdrawal form (available below) to the address given herein. The Customer must also return a copy of the invoice for the returned products.

The Customer must return the products, at the Customer's sole expense, to the address given herein, within fourteen (14) days of communicating the decision to withdraw, in their original packaging, unused and in perfect condition, without any trace or mark, with the labels, all accessories and any gifts offered.

In this respect, the Customer is reminded that, in accordance with Article L. 221-23 of the Consumer Code, the Customer may be held liable for any depreciation of the products resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of these products.

Accordingly, ERAG will be entitled to apply a reduction in value if the products have been handled beyond what is strictly necessary to establish their nature, characteristics and proper functioning.
In the event of a withdrawal concerning several products, if the Customer does not return all of the products, ERAG will deduct the price of the missing products from the amount to be refunded.

ERAG undertakes to refund the Customer within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. However, ERAG is entitled to defer this refund until the goods have actually been recovered or until the Customer has provided proof of shipment of these goods, whichever occurs first.

ERAG makes this refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to another means of payment and provided that the refund does not result in any costs for the Customer.

WITHDRAWAL FORM

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

For the attention of:

ERAG
118/130 Avenue Jean Jaurès
75171 Paris CEDEX 19
I hereby give notice of my withdrawal from the contract for the sale of the item below:
Ordered on (*) / received on (*) ………………………………………………………………
Name of consumer(s): ………………………………………………………………
Address of consumer(s): ………………………………………………………………
Signature of consumer(s):
Date: ………………………………………………………………

PRODUCT WARRANTY

ERAG is liable for any lack of conformity of the goods with the contract under the conditions of Articles L. 211-4 and following of the Consumer Code, and for hidden defects in the goods sold under the conditions provided for in Articles 1641 and following of the French Civil Code (Code civil). With regard to the warranty against hidden defects, the consumer may decide to invoke this warranty within the meaning of Article 1641 of the Civil Code and, in that case, may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

The consumer is reminded that, under the legal warranty of conformity, the consumer:

has a period of two years from delivery of the goods in which to take action;
may choose between repair or replacement of the product, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
is exempt from having to prove the existence of the defect;
for products ordered before 18/03/2016: during the 6 months following receipt of the product;
for products ordered on or after 18/03/2016: during the 24 months following receipt of the product.

The legal warranty of conformity applies independently of any commercial warranty that may cover your product.

To benefit from the legal warranty of conformity or the warranty against hidden defects for a product, contact our Customer Service:

By sending us a request by email to the following address: [email protected], and then returning the Product to us, in its original packaging and in perfect condition, at your own expense, to the following address: Titanide Customer Service, 118/130 Avenue Jean Jaurès 75171 Paris Cedex 19.
By telephone at 01 87 65 18 39, Monday through Friday, from 10 a.m. to 12 p.m. and from 2 p.m. to 5 p.m.
By mail: Titanide Customer Service, 118/130 Avenue Jean Jaurès 75171 Paris Cedex 19

To help us process your requests efficiently, please state in your letter your last name, first name, the email address you used to place your order and the number of the order concerned.

Any return of a defective product must include: all components of the product (accessories, packaging, instructions, etc.), a precise description of the defects found, proof of purchase of the product and the buyer's full contact details. Failing this, the product warranty cannot be applied.

In any event, if no fault is found or in the event of abnormal use of your product (in particular, without this list being exhaustive: broken product, oxidation, use not in accordance with the manufacturer's recommendations or the intended purpose of the product), we will neither repair nor exchange the product; we may also charge you for the travel and labor costs incurred.

ADDITIONAL INFORMATION

Under the legal warranty of conformity mentioned above, ERAG must deliver products that conform to the contracts and is liable for any lack of conformity existing at the time of delivery.

In this respect, it is specified that the products sold by ERAG, in particular batteries, have a limited lifespan, which depends essentially on how Customers use the products (frequency of use, impacts, lack of maintenance, exposure to extreme temperatures, contact with water, etc.).

The lifespan of almost all of the products sold by ERAG proves to be shorter than the 24-month period corresponding to the duration of the legal warranty of conformity.

Consequently, the presumption that defects of conformity appearing within 24 months of delivery existed at the time of delivery of the products is practically never compatible with the specific nature of these products.

Accordingly, in accordance with Article L. 217-7 of the Consumer Code, ERAG may rebut this presumption.

REPRODUCTION OF THE STATUTORY PROVISIONS:

Article L217-4 of the Consumer Code

The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.

Article L217-5 of the Consumer Code

To conform to the contract, the goods must:

1) Be fit for the purpose usually expected of similar goods and, where applicable:

Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model.

Have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labeling.

2) Or have the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter.

Article L217-12 of the Consumer Code

Any action resulting from a lack of conformity is time-barred 2 years after delivery of the goods.

Article L217-16 of the Consumer Code

When, during the term of the commercial warranty granted to the buyer upon the purchase or repair of movable goods, the buyer asks the seller for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period runs from the buyer's request for service or from the date the goods in question are made available for repair, if they are made available after the request for service.

Article 1641 of the Civil Code

The seller is bound by a warranty against hidden defects in the thing sold that make it unfit for its intended use, or that so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had the buyer known of them.

Article 1648, paragraph 1, of the Civil Code

An action arising from redhibitory defects must be brought by the buyer within 2 years of the discovery of the defect.

LIABILITY

The products offered comply with the French legislation in force on the date of sale.

ERAG, which sells Titanide products, cannot be held liable for any damage resulting from use of Titanide products that does not comply with the instructions for use supplied with them and restated on the Site: https://www.titanide.fr/fr/content/17-manuels-d-utilisation.

ERAG cannot be held liable for non-performance of the contract concluded in the event of a stock shortage or unavailability of the product, force majeure, or total or partial disruption or strike, in particular of postal services, means of transport and/or communications. ERAG shall not incur any liability for any indirect damage occurring, in particular, in connection with the use of the Product, such as operating losses, loss of profit, loss of opportunity and other damage or costs.

ERAG reminds you that, pursuant to Article 1124 of the Civil Code, non-emancipated minors do not have the capacity to enter into contracts. In the event of accidental collection of personal data relating to a minor, the holder of parental authority may object to its retention and/or its transfer to third parties.

Hyperlinks may lead to websites other than this one. ERAG disclaims all liability if the content of such websites contravenes the laws and regulations in force.

INTELLECTUAL PROPERTY

In accordance with the laws governing literary and artistic property rights and other similar rights, the website www.titanide.fr and all elements, trademarks, designs, models, logos, graphics, etc. found on the website www.titanide.fr, as well as their compilation, are the exclusive property of ERAG or its suppliers, which grant no license or any right other than that of viewing the Site.

Reproduction or use of all or part of these elements is authorized solely for information purposes for personal and private use; any reproduction and any use of copies made for other purposes is expressly prohibited. Any other use constitutes infringement and is punishable under the provisions of the French Intellectual Property Code (Code de la propriété intellectuelle), unless ERAG has given prior written authorization.

Disputes, mediation and governing law

For any complaint, our Customer Service is at your disposal.

The Customer declares having been informed in advance by ERAG of the possibility, in the event of a dispute, of resorting to a conventional mediation procedure or any other alternative dispute resolution method.

ERAG has signed an agreement with the CMAP to provide the mediation service. Any commercial dispute relating to the sale of a product purchased on our site may be referred to the Mediator, provided that the admissibility conditions for your case are met. To learn about the conditions and submit your case, click here.

The European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase and then forward them to the competent national mediators. This platform can be accessed by clicking here.

Except for mandatory provisions to the contrary, such as those arising from Regulation (EC) No 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I), these Terms and Conditions of Sale are governed by French law.

Should one or more clauses of these Terms and Conditions of Sale become void following a change in legislation or a court decision, this shall in no way affect the validity of the other clauses, which shall remain applicable.

CHANGES TO THE TERMS AND CONDITIONS OF SALE

In view of possible changes to the Site, ERAG reserves the right to adapt or modify these terms and conditions of sale at any time. Any new terms and conditions of sale will, where applicable, be brought to the customer's attention by being updated online and will apply only to sales made after the change.

Personal data

So that you can browse our site with complete peace of mind, we wish to share with you on this page the purposes and methods of processing the personal data we collect while you browse.

The processing of your personal data is always based on the principles of lawfulness and fairness, in accordance with all applicable laws.

Below you will find all the details concerning the processing of your personal data.

Data protection is ensured with the aim of keeping the data you entrust to us confidential, unaltered and secure.

All necessary measures are taken so that:

You can be fully informed of how your data is processed,
Your Data is kept only for as long as necessary for the purposes of the processing,
You can access your data at any time in order to modify it or request its deletion.

To achieve these objectives, we implement appropriate technical measures to ensure that processing complies with the applicable data protection law.

NOTE ON THE PRIVACY POLICY

This statement lets you know, even before accessing the various sections of the Site, how we will process your personal data, whether provided directly by you (such as your last name, first name, postal and email address, password, age, date of birth, gender, occupation, marital status, etc.) or collected by us in another way.

IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER

The data controller is ERAG, represented by Mr. Jean Moiroud, whose registered office is located at: 118/130 Avenue Jean Jaurès 75171 Paris CEDEX 19

ERAG will process your personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the "Privacy Policy").

WHAT PERSONAL DATA DOES TITANIDE PROCESS

Titanide collects only the information strictly necessary to provide our services.

Your browsing on the Site and/or your access to certain sections of the Site may involve the collection and subsequent processing of your personal Data by Titanide. When you connect to the Site, the computer systems and software procedures used to operate it automatically and/or indirectly acquire certain information (Cookies).

In accordance with the law, Titanide does not collect data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic personal data, biometric personal data for the purpose of uniquely identifying a natural person, personal data concerning health or personal data concerning the sex life or sexual orientation of a natural person.

LEGAL OBLIGATIONS

Titanide may be required to disclose your Data in response to legitimate requests from public authorities, in particular to meet national security, anti-fraud or law enforcement requirements.

HOW DO WE PROCESS YOUR PERSONAL DATA?

The processing of your Personal Data may include any type of operation, including collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction.

Your Personal Data will be processed mainly in automated form but also on paper, using logic strictly related to its purposes, through databases and electronic platforms managed by Titanide or by third parties designated for this purpose as external processors, and/or integrated computer systems of Titanide and the aforementioned third parties, and/or sites owned or used by Titanide.

Titanide has assessed the level of security as adequate, taking into account the risks that could arise from the loss, destruction, modification, unauthorized disclosure, accidental or unlawful access, misuse or alteration of your personal Data.

More specifically, Titanide:

has taken security measures appropriate to the risks;
stores your Personal Data on servers located mainly within European territory. In all cases, the servers are covered by an advanced daily backup system.

WHO ARE THE RECIPIENTS OF YOUR DATA?

Titanide ensures that only authorized persons within its organization can access your Data when such access is necessary for the performance of our business relationship.

Our service providers may also receive the Data strictly necessary to perform the services we have entrusted to them.

RETENTION OF PERSONAL DATA?

In order to ensure compliance with the principles of necessity and proportionality of processing, the data controller has identified different retention periods for personal data according to the individual purposes pursued:

for the purpose of managing your registration on the Site, your personal Data will be kept for the time strictly necessary and in any case for as long as your profile is active.
for the purpose of managing and fulfilling the obligations provided for by law (accounting, administrative, tax, etc.), your personal data will be kept for the period strictly necessary for that purpose.

At the end of these retention periods, we may archive the data, in particular to comply with the limitation periods for legal actions.

Data retention periods comply with the recommendations of the CNIL and/or legal obligations.

YOUR RIGHTS REGARDING THE PROCESSING OF YOUR PERSONAL DATA

The Privacy Policy grants you, as a data subject, several rights. In particular, you have the right:

To obtain from the Controller confirmation as to whether or not your Personal Data exists, even if it has not yet been recorded, and its communication in intelligible form, as well as access to your Personal Data (by obtaining a copy) and to the relevant information (including the purposes of the processing, the categories and origins of the Personal Data, the categories of recipients to whom it has been or may be disclosed, the retention period (if possible), and the rights that may be exercised);
To obtain from the Controller the rectification of your Personal Data and the completion of your incomplete Personal Data;
To delete your profile on the Site and, in any case, to obtain from the Controller the erasure of your Personal Data without undue delay, in particular where the Personal Data is no longer necessary for the purposes for which it was processed or where there is no longer a legal basis for its processing;
To obtain from the Controller the anonymization or blocking of your personal data processed unlawfully, including data whose retention is not necessary, in relation to the purposes for which the personal data was collected or subsequently processed;
To obtain from the Controller the restriction of the processing of your Personal Data, among other cases where you contest its accuracy or object to its processing, for the period necessary for its verification;
To receive your Personal Data in a structured, commonly used and machine-readable format and to transmit it or, where technically feasible, to obtain the direct transmission of your Personal Data to another controller without hindrance, where the processing is carried out by automated means and is based on your consent or is necessary for the performance of a contract to which you are a party;
To withdraw your consent to the processing of your personal data for the purposes for which it was provided.

You may exercise your rights against Titanide by going to the "Contact" section of the site or by writing to the following email address [[email protected]] or by sending a letter to Titanide by regular mail to the address given in the section "Identity and contact details of the data controller".

Furthermore, if you believe that the processing of your personal data violates the privacy policy, you may file a complaint with the supervisory authority for the protection of personal data of the State in which you reside, in which your place of work is located or in which the alleged violation took place, or contact that same authority to request information on exercising your rights under the privacy policy.

NOTE ON THE PRIVACY POLICY - COOKIES

Cookies are computer markers sent by a server to a user's device (usually the web browser) when the user accesses a given page of a website; cookies, which may also be set by websites other than the one the user is visiting ("third-party cookies"), are automatically saved by the user's browser and sent back to the server that generates them each time the user accesses a web page. Thus, for example, cookies enable and/or facilitate access to certain web pages in order to improve the user's browsing experience (that is, they allow the storage of pages visited and other specific information, such as the most frequently viewed pages, connection errors, etc.). Consequently, for simple and full use of a website, users are advised to configure their browser to accept these cookies.

Browsers are often configured to accept cookies automatically. However, users may change the default configuration to disable or delete cookies (from time to time or permanently), with the consequence that optimal use of certain areas of the site may not be possible. You can also check the methods and types of cookies stored on your browser by changing your browser's cookie settings.

CHARACTERISTICS AND PURPOSES OF COOKIES

Our Site uses the following categories of cookies, which may come from Titanide or from third parties.

a) Technical cookies;

They are used to make it easier for you to browse the Site and use its features. Technical cookies include essential cookies, which enable functions without which you could not fully use the Site, as well as performance cookies, which improve the functionality of the Site.

b) Functional cookies;

They allow the Site to remember the choices you have made (for example, the language or the geographical area in which you are located) and to offer them again on subsequent visits in order to provide better, more personalized services (for example, they may be used to offer content similar to what you have already requested).

CONSENT METHOD FOR THE PLACEMENT OF COOKIES

When you first access the Site, you will see a banner with a link to this statement, where you will find more information about the cookies placed by Titanide and third parties.

Your consent is not required for the use of technical cookies and anonymous analytics cookies. You may, however, disable them by following the procedure described in the section "How to enable or disable cookies in your browsers".

HOW TO ENABLE OR DISABLE COOKIES IN YOUR BROWSERS:

You can set your browser to refuse cookies. However, this may make it less efficient or prevent access to certain functions or pages of the site.

Below are the ways in which the main browsers can block the acceptance of cookies:

► Internet Explorer:
https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
► Firefox:
https://support.mozilla.org/fr/kb/empecher-sites-enregistrer-preferences#w_bloquer-les-cookies-pour-tous-les-sites
► Chrome:
https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=fr
► Safari:
https://support.apple.com/fr-fr/guide/safari/sfri11471/mac

For any question relating to the protection of your personal data, our internal data protection contact is at your full disposal. To reach this contact, please send your requests to the following address:
► [[email protected]]

REVIEW AND UPDATE OF THE POLICY

This policy will be updated as often as necessary to meet the requirements of the regulations applicable to data protection.